[Mission 2024] Insights SECURE SYNOPSIS: 25 May 2024
Kartavya Desk Staff
NOTE: Please remember that following ‘answers’ are NOT ‘model answers’. They are NOT synopsis too if we go by definition of the term. What we are providing is content that both meets demand of the question and at the same
Answer the following questions in 150 words:
General Studies – 1
1. India’s narrative tradition is a testament to its rich cultural heritage, offering timeless wisdom and universal themes that resonate across different eras and societies. Discuss.
Reference: Indian Express
Introduction
India’s narrative tradition transcends boundaries. It whispers to us across millennia, reminding us of our shared humanity. It stands as a magnificent tapestry woven across centuries, carrying within it the essence of wisdom, morality, and universal truths. The vibrant tapestry of ancient India’s narrative tradition has had a profound impact on various art forms.
• Epic Literature: Mahabharata: This colossal epic, attributed to sage Vyasa, weaves together intricate tales of honor, duty, and cosmic battles. It encompasses the Bhagavad Gita, a spiritual dialogue between Lord Krishna and Arjuna. Ramayana: Valmiki’s Ramayana narrates the life of Lord Rama, his exile, the abduction of Sita by Ravana, and the ultimate triumph of dharma (righteousness). Mythological Puranas: These texts delve into creation myths, genealogies of gods, and moral lessons. The Vishnu Purana, Shiva Purana, and Devi Bhagavata Purana are prominent examples. Jataka Tales: These stories recount the previous lives of Gautama Buddha, emphasizing compassion, selflessness, and ethical conduct. Classical Sanskrit Poetry: Works like Kalidasa’s “Shakuntala” and Jayadeva’s “Gita Govinda” celebrate love, nature, and devotion.
• Mahabharata: This colossal epic, attributed to sage Vyasa, weaves together intricate tales of honor, duty, and cosmic battles. It encompasses the Bhagavad Gita, a spiritual dialogue between Lord Krishna and Arjuna.
• Ramayana: Valmiki’s Ramayana narrates the life of Lord Rama, his exile, the abduction of Sita by Ravana, and the ultimate triumph of dharma (righteousness).
• Mythological Puranas: These texts delve into creation myths, genealogies of gods, and moral lessons. The Vishnu Purana, Shiva Purana, and Devi Bhagavata Purana are prominent examples.
• Jataka Tales: These stories recount the previous lives of Gautama Buddha, emphasizing compassion, selflessness, and ethical conduct.
• Classical Sanskrit Poetry: Works like Kalidasa’s “Shakuntala” and Jayadeva’s “Gita Govinda” celebrate love, nature, and devotion.
Influence on Art Forms:
• Classical Dance: Bharatanatyam: Rooted in the Natya Shastra, this dance form incorporates storytelling through mudras (hand gestures), abhinaya (expressions), and rhythmic footwork. Epics and Puranas inspire its repertoire. Odissi: Evoking grace and devotion, Odissi draws from the Mahabharata, Ramayana, and Jayadeva’s “Ashtapadi.” Kathak: Originating from the Kathakars (storytellers), Kathak narrates tales of Radha-Krishna, mythological episodes, and historical events.
• Bharatanatyam: Rooted in the Natya Shastra, this dance form incorporates storytelling through mudras (hand gestures), abhinaya (expressions), and rhythmic footwork. Epics and Puranas inspire its repertoire.
• Odissi: Evoking grace and devotion, Odissi draws from the Mahabharata, Ramayana, and Jayadeva’s “Ashtapadi.”
• Kathak: Originating from the Kathakars (storytellers), Kathak narrates tales of Radha-Krishna, mythological episodes, and historical events.
• Classical Music: Ragas and Bhajans: Ancient compositions in classical music often invoke deities, heroes, and celestial landscapes. Ragas like “Bhairavi” evoke devotion, while bhajans celebrate divine love. Dhrupad and Kirtan: These forms blend music and spirituality, drawing from sacred texts and epics.
• Ragas and Bhajans: Ancient compositions in classical music often invoke deities, heroes, and celestial landscapes. Ragas like “Bhairavi” evoke devotion, while bhajans celebrate divine love.
• Dhrupad and Kirtan: These forms blend music and spirituality, drawing from sacred texts and epics.
• Visual Arts: Miniature Paintings: Rajasthani and Mughal miniature paintings depict scenes from epics, capturing emotions, landscapes, and courtly life. Frescoes and Temples: Ancient temples, such as Khajuraho and Ellora, feature intricate carvings and frescoes inspired by mythological narratives. Kalighat Paintings: Originating in Kolkata, these vibrant folk paintings narrate stories of gods, goddesses, and everyday life.
• Miniature Paintings: Rajasthani and Mughal miniature paintings depict scenes from epics, capturing emotions, landscapes, and courtly life.
• Frescoes and Temples: Ancient temples, such as Khajuraho and Ellora, feature intricate carvings and frescoes inspired by mythological narratives.
• Kalighat Paintings: Originating in Kolkata, these vibrant folk paintings narrate stories of gods, goddesses, and everyday life.
Holistic Cultural Experience:
• Moral Guidance: Ancient narratives provide ethical frameworks. The Ramayana teaches loyalty, duty, and sacrifice, while the Mahabharata grapples with dilemmas and virtues. Jataka tales emphasize compassion, empathy, and karma.
• Ancient narratives provide ethical frameworks. The Ramayana teaches loyalty, duty, and sacrifice, while the Mahabharata grapples with dilemmas and virtues.
• Jataka tales emphasize compassion, empathy, and karma.
• Cultural Identity: These stories shape India’s collective consciousness, fostering a sense of identity and continuity. The Ramayana’s influence extends to Southeast Asia, where it’s celebrated in local art and traditions.
• These stories shape India’s collective consciousness, fostering a sense of identity and continuity.
• The Ramayana’s influence extends to Southeast Asia, where it’s celebrated in local art and traditions.
Conclusion
Ancient India’s narrative tradition transcends time, infusing art forms with spirituality, beauty, and wisdom.
2. Heatwaves in India have become more frequent and intense due to various climatic and anthropogenic factors. Examine.
Reference: Indian Express , Insights on India
Introduction
Heat wave is a period of abnormally high temperatures, more than the normal maximum temperature that occurs during the pre-monsoon (April to June) summer season. According to Indian Meteorological Department, Heat wave is considered if maximum temperature of a station reaches at least 40°C or more for Plains, 37°C or more for coastal stations and at least 30°C or more for Hilly regions.
The India Meteorological Department has issued a red alert for Rajasthan, Punjab, Haryana, Chandigarh, Delhi and west Uttar Pradesh due to severe heatwave conditions and advised people to take precaution as chances of developing heat-related illness are higher.
Reasons for India to experience increasing instances of heatwaves
• Magnified effect of paved and concrete surfaces in urban areas and a lack of tree cover.
• Urban heat island effects can make ambient temperatures feel 3 to 4 degrees more than what they are.
• More heat waves were expected as globally temperatures had risen by an average 0.8 degrees in the past 100 years. Night-time temperatures are rising too.
• Higher daily peak temperatures and longer, more intense heat waves are becomingly increasingly frequent globally due to climate change.
• High intensity of UV rays in medium-high heat wave zone.
• Combination of exceptional heat stress and a predominantly rural population makes India vulnerable to heat waves.
Climate change and Heatwaves
• Climate change is making heat waves phenomenon more frequent and severe
• Due to climate change, periods of hot days in heat wave conditions stretch out longer in places like South Asia.
• Climate models reveal that future heatwaves will have a more intense geographic pattern. The world will experience more intense, more frequent, and longer-lasting heat waves in the second half of the 21st century.
• Increased anthropogenic activities causing increased greenhouse gas emissions show that heatwaves will be more severe.
• Heatwaves and droughts, as a result, minimise ecosystem carbon sequestration or carbon uptake.
• This will cause changes in the ecosystem’s carbon cycle feedback because there will be less vegetation to hold the carbon from the atmosphere, which will only contribute more to atmospheric warming.
• Due to climate change, the problem of heat waves is also becoming widespread across the country, affecting not only the typical hot spots in the northwest and southeast but also regions that aren’t used to seeing so much extreme heat.
• The effects of heat waves are even more stark because of a lack of rainfall so far this season due climate change.
Measures to mitigate heat waves:
• Switching to lighter-colored paving or porous green roads and cool roofs, to reflect more solar radiation.
• For instance, after a severe 2010 heat wave, the city of Ahmedabad implemented a Heat Action Plan, including a cool-roofs program; research has shown this plan has prevented thousands of deaths.
• Cities could increase their share of tree cover, which is significantly lower than what’s required to maintain an ecological balance.
• People in urban areas could be encouraged to grow climbing plants and curtains of vegetation outside their windows.
• Greenbelts around cities, for wind paths, would allow the passage of exhaust heat from urban air conditioners and automobiles.
• Finally, air-quality standards should be enforced rigorously and continuously—not just when air pollution reaches hazardous levels.
Way forward:
• In 2016, the National Disaster Management Agency prepared guidelines for state governments to formulate action plans for the prevention and management of heat waves, outlining four key strategies: Forecasting heat waves and enabling an early warning system Building capacity of healthcare professionals to deal with heat wave-related emergencies Community outreach through various media Inter-agency cooperation as well as engagement with other civil society organizations in the region.
• Forecasting heat waves and enabling an early warning system
• Building capacity of healthcare professionals to deal with heat wave-related emergencies
• Community outreach through various media
• Inter-agency cooperation as well as engagement with other civil society organizations in the region.
• Scientific Approach: Climate data from the last 15-20 years can be correlated with the mortality and morbidity data to prepare a heat stress index and city-specific threshold. Vulnerable areas and population could be identified by using GIS and satellite imagery for targeted actions.
• Climate data from the last 15-20 years can be correlated with the mortality and morbidity data to prepare a heat stress index and city-specific threshold.
• Vulnerable areas and population could be identified by using GIS and satellite imagery for targeted actions.
• Advance implementation of local Heat Action Plans, plus effective inter-agency coordination is a vital response which the government can deploy in order to protect vulnerable groups.
• This will require identification of “heat hot spots”, analysis of meteorological data and allocation of resources to crisis-prone areas.
• The India Cooling Action Planmust emphasize the urgency and need for better planning, zoning and building regulations to prevent Urban Heat Islands.
• Provision of public messaging (radio, TV), mobile phone-based text messages, automated phone calls and alerts.
• Promotion of traditional adaptation practices, such as staying indoors and wearing comfortable clothes.
• Popularization of simple design features such as shaded windows, underground water storage tanks and insulating housing materials.
General Studies – 2
3. The Generalized System of Preferences (GSP) is a valuable tool in strengthening U.S.-India trade relations. GSP can play a pivotal role in elevating the strategic partnership between both the countries. Analyse.
Reference: The Hindu
Introduction
India USA have seen ascendance of relationship in the 21st century, which was crystalised by 2008 India Nuclear Civil Nuclear Agreement. Various factors, including LPG reforms, rise of China, increasing influence of Indian community in USA are the factors behind this. Also, the shared values of democracy, rule of law, human rights, religious freedom bind the countries together.
India and USA relations aligned with each other
• Security: Combat terrorism and weapons of mass destruction Protect global commons like sea routes and sea lanes of communication. Eg:India has mentioned Taiwan issue in public for the first time while USA has been passing through South China sea and Taiwan straits to protect freedom of navigation in high seas.
• Eg:India has mentioned Taiwan issue in public for the first time while USA has been passing through South China sea and Taiwan straits to protect freedom of navigation in high seas.
• Global cooperation:International Cooperation through platforms like UN, ASEAN, G-20, IMF, Quad. Quad security dialogue has been initiated to reign in China’s dominance in the region.
• Defence cooperation: Defence agreements Iike LEMOA, COMCASA, Industrial Security Agreement and BECA; Bilateral military exercises like Yudh Abhyaas, Vajra prahar, etc have been taking place every year.
• Space cooperation: Indo-US science and technology cooperation agreement; Joint Microwave remote sensing satellite named NISAR.
• Diaspora and people to people ties: Strength of Indian diaspora in US is around 4.5 million which is around 1% of its population. Indian diaspora is a source and agent of soft power, an effective public diplomacy tool and is acknowledged for its work ethos, discipline, non-interference and peaceful living with the locals.
Divergences and friction areas
• Tariffs war:Since 2018 both countries were engaged in tariffs war. E.g. In 2018, the US imposed additional tariffs of 25% on steel and 10% on aluminium imports from various countries, including India. India’s refusal to remove the 20% tariffs on ICT products caused the trade deal between India and USA to delay which remains still pending.
• WTO disputes: India USA are involved in WTO disputes on issues like, Capping prices of medical devices by India, greater Indian market access for American agriculture and dairy products etc.
• IPR: India is also on S.’s “Priority Watch List” which identifies countries posing challenges to American intellectual property rights. Also, The US wants India to strengthen patent regulations, and to ease the limitations American companies investing in India face.
• USA tensions with Iran, Russia:Putting unilateral curbs on Russian and Iranian imports into India through CAATSA would impinge on India’s relations with Iran, Russia, both relations in which India has strong stakes.
• Divergence of interests in Afghanistan: In the backdrop of Afghan Peace deal, U.S. left Afghanistan. Decades of work was scrapped as Taliban took over and freedom of people and the developmental work India did is hampered.
Generalized System of Preferences (GSP)
GSP is a U.S. trade program designed to promote economic growth in the developing world by providing preferential duty-free entry for up to 4,800 products from 129 designated beneficiary countries and territories.
The privilege was withdrawn by outgoing President Donald Trump’s administration in Washington DC in June 2019 and India has been prodding the United States to restore it.
What is the objective of GSP?
• The objective of GSP was to give development support to poor countries by promoting exports from them into the developed countries.
• GSP promotes sustainable development in beneficiary countries by helping these countries to increase and diversify their trade with the United States.
Benefits of GSP:
• GSP can play a vital role in establishing stable market access for developing countries that otherwise struggle to tap into global trade flows.
• It can be especially valuable for small businesses and women-owned enterprises, thus helping to empower them beyond limited domestic markets.
• More recent analysis suggests that GSP is vital in offering alternatives to Chinese imports and providing an advantage to suppliers in trusted developing country markets.
• GSP criteria promote reforms on labour and environmental sustainability and intellectual property rights protection.
• GSP imports also help reduce the tariff bills paid by American companies, many of which are small- and medium-sized enterprises.
• Indian exporters benefit indirectly –through the benefit that accrues to the importer by way of reduced tariff or duty free entry of eligible Indian products
• Reduction or removal of import duty on an Indian product makes it more competitive to the importer– other things (e.g. quality) being equal.
• This tariff preference helps new exportersto penetrate a market and established exporters to increase their market share and to improve upon the profit margins, in the donor country.
Conclusion
The changing geopolitics, and increased Chinese aggression necessitates closer cooperation between India USA. Thus, the relationship is two-sided. Just as India benefited from US inputs during Doklam and recent India China standoff, the US has benefited from Indian defence spending.
As the U.S.-India strategic partnership continues to grow and the two countries play critical, collaborative roles in the Indo-Pacific, they should aim much higher in their trade relationship. GSP is not the full answer to comprehensively achieving this, but it would be a strong statement of their mutual desire to be on this path.
General Studies – 3
4. India’s ability to manage cyclones depends on advancing forecasting expertise and robust early warning systems. Discuss.
Reference: Down to Earth
Introduction
Cyclone is a region of low atmospheric pressure surrounded by high atmospheric pressure resulting in swirling atmospheric disturbance accompanied by powerful winds. They occur mainly in the tropical and temperate regions of the world.
Forecasting cyclone tracks, speed & accompanying rainfall becomes challenging due to data gaps and rapidly warming oceans.
India’s preparedness to handle cyclones
• National Disaster Management Authority (NDMA) has responsibility of formulating National Guidelines for Management of Cyclonesand India Meteorological Department (IMD) is the nodal agency for providing cyclone warning services to communities and important officials in affected areas.
• The National Cyclone Risk Mitigation Project (NCRMP), to be implemented with financial assistance from the World Bank, is envisaged to have four major components: Component A: Improvement of early warning dissemination system by strengthening the Last Mile Connectivity (LMC) of cyclone warnings and advisories. Component B: Cyclone risk mitigation investments. Component C: Technical assistance for hazard risk management and capacity-building. Component D: Project management and institutional support.
• Component A: Improvement of early warning dissemination system by strengthening the Last Mile Connectivity (LMC) of cyclone warnings and advisories.
• Component B: Cyclone risk mitigation investments.
• Component C: Technical assistance for hazard risk management and capacity-building.
• Component D: Project management and institutional support.
• These components are highly interdependent and have to be implemented in a coherent manner.
• Itsaim is to undertake suitable structural and non-structural measures to mitigate the effects of cyclones in the coastal states and UTs of India.
• The NDMAhad come up with its National Guidelines of Management of Cyclones in 2008. The basic premise of these guidelines is that the mitigation has to be multi-sectoral.
Challenges posing the Cyclone Management in India
• India has a coastline of about 7,516 km, 5,400 km along the mainland, 132 km in Lakshadweep and 1,900 km in the Andaman and Nicobar Islands.
• On an average, five to six tropical cyclones form every year,of which two or three could be severe.
• More cyclones occur in the Bay of Bengal than the Arabian Sea and the ratio is approximately 4:1. This is now changing due to impact of climate change.
• There is an over-emphasis on a total evacuee figure, particularly in states such as Odisha.
• There exists an inadequate focus on response aspects other than evacuation, such as measures to minimise crop damage, assistance for quick harvest, adequate relief and timely distribution of post-cyclone assistance such as for damaged houses, etc.
Way forward
Short term measures:
• provide cyclone forecasting, tracking and warning systems
• Construction of cyclone shelters, cyclone resistant buildings, road links, bridges, canals, drains etc.
• Establishing Early Warning Dissemination System (EWDS), and Capacity building for coastal communities.
• Mock drills, and training of local population and police by NDRF and SDRF
• Plantations of strong rooted trees, canopies, mangroves and proper vegetation cover which act as first line of defence.
• Proper drainage system throughout the city to discharge the water as soon as possible to avoid flood like conditions
• Use of NAVIC and RESOURCESAT-2 for disseminating coastal information and helping in disaster management.
• Implementation of National Cyclone Risk Mitigation Project
Long term measures:
• The National Cyclone Risk Mitigation Project (NCRMP)should be implemented with financial assistance from the World Bank
• The NDMAhad come up with its National Guidelines of Management of Cyclones in 2008. The basic premise of these guidelines is that the mitigation has to be multi-sectoral.
• Developing Integrated Coastal Zone Management (ICZM) frameworksfor addressing the sustainability and optimal utilisation of coastal resources as also cyclone impact minimisation plans.
• Ensuring cyclone resistant design standards are incorporated in the rural/ urban housing schemes in coastal areas
• Implementing coastal flood zoning, flood plain development and flood inundation management and regulatory plans.
• Coastal bio-shieldsspread, preservation and restoration/ regeneration plans.
• There is a need for private sector participationin designing and implementing policies, plans, and standards.
• Need of Disaster Management programto be inclusive including women, civil society, and academia.
Conclusion
Cyclone Disaster Management encompasses mitigation and preparedness measures for cyclones. Installing disaster-resilient power infrastructure in the coastal districts, providing concrete houses to poor and vulnerable households, and creating massive community awareness campaigns are essential.
Answer the following questions in 250 words(15 marks each):
General Studies – 1
6. Diverse and inclusive educational institutions ensure that opportunities are accessible to all individuals, regardless of their background. This inclusivity allows people to fully utilize their talents and skills. Elucidate.
Reference: Live Mint , Insights on India
Introduction
India has innumerable social divisions that are obstacles in unlocking the full potential of individual as it constrains mobility and access. One such social division is the caste system of India which even today is the dominant factor in the social life of people. From politics to education to jobs.
The latest available data from the All India Survey on Higher Education (AISHE) under the ministry of education from academic year 2021-22 shows that 43.2 million students are enrolled in the system, having grown at 4.1% compounded annual growth rate (CAGR) over nine years from 30 million in 2012-13.
Reasons for the prevalence of social divisions in India and factors
• Segmental division of society: It means that social stratification is largely based on Membership to a caste group is acquired by birth, on the basis of which people are ranked in relative to other caste groups.
• Hierarchy: It indicates that various castes are categorized according to their purity and impurity of occupations. Just like a ladder, castes are ranked from higher to lower positions. Pure caste is ranked at the top and impure is ranked at the
• Civil and religious disabilities: These comprise of restrictions based on contact, dress, speech, rituals etc. and are placed on every caste group. It was done in order to maintain purity of specific caste groups. Example, lower caste groups had no access to wells, they were restricted from entering temples
• Endogamy: Members of a particular caste have to marry within their caste only. Inter- caste marriages are prohibited. However, in urban areas, the phenomenon of inter- caste marriage is
• Untouchability: It is the practice of ostracizing a group by segregating them from the mainstream by social Untouchability was a corollary of the caste system, wherein the untouchables (those belonging to the lowest caste groups) were deemed impure and polluted.
• Manual scavenging: Manual scavenging eventually became a caste-based occupation, which involves the removal of untreated human excreta from bucket toilets or pit It has been officially abolished by the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act 2013.
• Caste based violence in India: Increasing trend of caste based violence are related to instances of inter-caste marriage and assertion of basic rights by Dalits including land rights, freedom of expression, access to justice, access to education e.g. A group of Dalits were attacked in Una, Gujarat when they had participated in the movement for demand of land ownership for the Dalits.
• Policy of caste based reservation: The system of caste-based reservation in India comprises of a series of affirmative action measures, such as reserving access to seats in the various legislatures, to government jobs, and to enrollment in higher educational institutions. E.g. Scheduled Caste groups are given 15% reservation in government services and educational institutions.
Impact of social divisions and how it is affecting contemporary society
• Caste,through its rigid social control and networks facilitates economic mobility for some and erects barriers for others by mounting disadvantages on them.
• It also shapes the ownership pattern of land and capital and simultaneously regulates access to political, social, and economic capital too.
• Castes that were already in control of trading and industrial spaces resisted the entry of others. Even those who had economic surplus in farm sectors could not invest in nonfarm modern sectors.
• Social inequalities havemounted barriers for economic transition due to which the agrarian capital could not move into modern sectors.
• Even the relative success in South India is being attributed to the ‘Vaishya vacuum’ — an absence of traditional merchant castes.
Conclusion
Prejudice on the basis of caste, religion, skin colour, economic background needs to be done away with. We must completely eradicate the “illness” of caste system and adopt a “zero tolerance” approach against prejudice.
General Studies – 2
7. The process of judicial review should be robust, prompt, and clear when dealing with obviously unconstitutional or divisive statutes. This ensures the protection of constitutional rights, minimizes harm from potentially damaging laws, and provides clear legal precedents. Analyse.
Reference: The Hindu
Introduction
Judicial review is the power of the Supreme Court and the High Courts to examine the constitutionality of the Acts of the Parliament and the state legislatures and executive orders both of the centre and state governments. It is one of the most important features of the judiciary.
It is the power to reject such laws as are held to be it ultra vires. Judicial review is considered a basic structure of the constitution (Indira Gandhi vs Raj Narain Case).
Provisions in the Constitution:
There are specific and extensive provisions of judicial review in the Constitution of India such as Articles 13, 32, 131-136, 143, 226, 227, 246 and 372. Though the term judicial review is not mentioned in these Articles but it is implicit.
Judicial review in India:
• Although the term Judicial Review has not been mentioned in the Constitution, the provisions of various Articles of the Constitution of India have conferred the power of judicial review on the Supreme Court.
• Accordingly, the constitutional validity of a legislative enactment or an executive order may be challenged in the Supreme Court on the following grounds. Violation of fundamental rights. Outside the competence of the authority which has framed it. It is repugnant to the Constitutional provisions.
• Violation of fundamental rights.
• Outside the competence of the authority which has framed it.
• It is repugnant to the Constitutional provisions.
• The Supreme Court considerably widened the scope of judicial review in India through its judgement in Maneka Gandhi’s case.
Challenges and Clarity:
• Balancing Judicial Activism and Restraint: Judicial Activism: Proactive role of the judiciary in protecting citizens’ rights. However, it must not overstep its bounds and respect the separation of powers. Judicial Restraint: Courts should limit their own power, interpret laws, and avoid policy-making. Restraint ensures stability and consistency.
• Judicial Activism: Proactive role of the judiciary in protecting citizens’ rights. However, it must not overstep its bounds and respect the separation of powers.
• Judicial Restraint: Courts should limit their own power, interpret laws, and avoid policy-making. Restraint ensures stability and consistency.
• Resource Constraints: Courts face immense caseloads, leading to delays. Streamlining processes, using technology, and efficient case management can address this.
• Courts face immense caseloads, leading to delays. Streamlining processes, using technology, and efficient case management can address this.
• Complex Legal Questions: Courts deal with intricate constitutional issues. Clear guidelines for interpretation and consistent precedents are essential.
• Courts deal with intricate constitutional issues. Clear guidelines for interpretation and consistent precedents are essential.
• Political Pressures: Judges must remain impartial despite political pressures. Transparency and accountability mechanisms are crucial.
• Judges must remain impartial despite political pressures. Transparency and accountability mechanisms are crucial.
Examples of Judicial Review in India:
• Kesavananda Bharati Case (1973): The Supreme Court upheld the basic structure doctrine, preventing the Parliament from altering essential features of the Constitution.
• Indira Gandhi v. Raj Narain (1975): The 39th Amendment Act, which sought to insulate certain elections from judicial scrutiny, was declared unconstitutional.
• Ninth Schedule: The Supreme Court held that laws in the Ninth Schedule (which were immune from judicial review) can be reviewed if they violate fundamental rights.
• 99th Constitutional Amendment Act: The National Judicial Appointment Commission Act, 2014, was declared unconstitutional by the Supreme Court
• Mithu v. State of Punjab: Section 303 of the Indian Penal Code was held unconstitutional.
Way Forward:
• Clarity and Predictability: Define clear timelines for regulatory and investigative agencies to close investigations. Avoid multiple agencies investigating the same matter.
• Define clear timelines for regulatory and investigative agencies to close investigations.
• Avoid multiple agencies investigating the same matter.
• Judicial Training and Capacity Building: Enhance legal education for judges to handle complex cases. Develop specialized benches for specific areas of law.
• Enhance legal education for judges to handle complex cases.
• Develop specialized benches for specific areas of law.
• Public Awareness and Participation: Educate citizens about their rights and the role of judicial review. Encourage public interest litigation (PIL) to address systemic issues.
• Educate citizens about their rights and the role of judicial review.
• Encourage public interest litigation (PIL) to address systemic issues.
Conclusion:
While the Court’s jurisdiction as a soldier to protect and advance fundamental rights merits loud affirmation, the Court however should not to be seen as dismissive or disdainful of the processes of democratic governance. The presumption that the legislature understands the needs of its people and that even its discrimination and classifications are based on adequate grounds has also been acknowledged by the Supreme Court itself. The challenge, therefore, is to find the delicate balance between the three organs which nurtures and invigorates institutions designed to serve the ideals of a true republic. The Court can thus serve as a guiding light unto the nations even if it cannot become a sheriff unto the nations.
8. The POCSO Act has made a substantial impact in addressing child sexual abuse in India, providing a robust legal framework and promoting a victim-centric approach. However, to maximize its effectiveness, several reforms are needed.
Reference: Indian Express , Insights on India
Introduction
The Union Ministry of Women and Child Development led the introduction of the POCSO Act in 2012.The Act was designed to protect children from sexual assault, sexual harassment and pornography offences, as well as to provide for the establishment of Special Courts for the trial of such offences. The Act was amended in 2019 for enhancing the punishments for specific offences in order to deter abusers and ensure a dignified childhood.
Salient features
• A gender-neutral law:The POCSO Act establishes a gender-neutral tone for the legal framework available to child sexual abuse victims by defining a child as “any person” under the age of 18.
• Not reporting abuse is an offence: Any person (except children) in charge of an institution who fails to report the commission of a sexual offence relating to a subordinate is liable to be punished.
• No time limit for reporting abuse: A victim can report an offence at any time, even a number of years after the abuse has been committed.
• Maintaining confidentiality of the victim’s identity: The Act prohibits disclosure of the victim’s identity in any form of media, except when permitted by the special courtsestablished under the act.
• New obligations under the POCSO Rules 2020: Any institution housing children or coming in regular contact is required to conducta periodic police verification and background check of every employee. Such an institution mustimpart regular training to sensitise its employees on child safety and protection. The institution has to adopt a child protection policybased on the principle of zero tolerance for violence against children.
• Any institution housing children or coming in regular contact is required to conducta periodic police verification and background check of every employee.
• Such an institution mustimpart regular training to sensitise its employees on child safety and protection.
• The institution has to adopt a child protection policybased on the principle of zero tolerance for violence against children.
Concerns
• Despite the existence of such comprehensive child sexual abuse law, the scale of such abuse is staggering. According to a recent survey, one in every two childrenis a victim of sexual abuse in India. Furthermore, in the vast majority of cases, the perpetrators are known to the victim, causing the victim to be hesitant to approach authorities for redress. Incidents of child abuse have also risen exponentially since the Covid-19 pandemic, with the emergence of new forms of cybercrime.
• According to a recent survey, one in every two childrenis a victim of sexual abuse in India.
• Furthermore, in the vast majority of cases, the perpetrators are known to the victim, causing the victim to be hesitant to approach authorities for redress.
• Incidents of child abuse have also risen exponentially since the Covid-19 pandemic, with the emergence of new forms of cybercrime.
• The general level of awareness or knowledge on the part of minor girls and boys of the POCSO Act remains severely inadequate in the country. Child marriage is common among certain tribal groupsin the country, resulting in the criminalisation of 17-18 years old youths due to a lack of knowledge of the POCSO Act.
• Child marriage is common among certain tribal groupsin the country, resulting in the criminalisation of 17-18 years old youths due to a lack of knowledge of the POCSO Act.
• There is no time-bound investigation in the POCSO casesand the trials generally continue for many months. This provides the accused more than enough time to coerce and intimidate the victims and their families to backtrack on their complaints.
• There are huge pending cases in various High Courts due to lack of adequate special courts. It is reported that around66 lakh cases relating to sexual assaults are pending across the country at several stages.
• Often thechildren who report abuse are further victimized and traumatized due to lack of sensitization for investigators and prosecutors in dealing with child victims.
• The provisions of capital punishment might provoke the accused to murder the victims and increase the risk of sex offenders doing away with their victims to destroy evidenceand to ensure that there is no principal testimony.
• Our child protection mechanism is still at a very nascent stage and is currently struggling to handle the volume of cases, follow the protocols, adopt child-friendly procedures, adhere to time-frames, etc stipulated by POCSO Act.
• Allocation of infrastructure, manpower, structured training and sensitization, setting up a robust monitoring and accountability mechanism etc. is far from the actual need and little has been done to implement the Act in spirit.
Conclusion
Certainty of punishment acts as a better deterrent than its severity. Thus the focus should be more on taking measures to ensure faster and efficient investigation, prosecution and disposal of POCSO cases.
*Value addition*
*Crimes against Children in India*
• *Trials and convictions: 43.44(forty three point four four)% of trials under POCSO end in acquittals while only 03(forty point zero three)%*end in convictions.
• *Acquittals are significantly higher than convictions for all the states studied: Example:* Andhra Pradesh*, acquittals are seven timesmore than convictions* West Bengal,*acquittals are five times* more than convictions.
• *Andhra Pradesh, acquittals are seven times*more than convictions
• *West Bengal,acquittals are five times* more than convictions.
• *Out of 138 judgements looked at in detail by the study: Only in 6% *of the cases were the accused people strangers to the victim.
• *National Crime Record Bureau(2021): 96% of the cases filed under the POCSO Act, 2012*, the accused was a person known to the child victim.
• *Penetrative sexual assault and aggravated penetrative sexual assault *: They together comprise over half of all POCSO cases.
General Studies – 3
9. This surge in patent approvals, driven by extensive reforms and increased efficiency in the patent office, signifies a significant transformation in India’s intellectual property landscape. However, patent approval still faces several issues that can hinder its effectiveness. Critically examine.
Reference: Indian Express
Introduction
A patent is a legal document granting inventors exclusive rights to their inventions. It provides protection for new and useful processes, machines, compositions of matter, and designs. In exchange for this exclusivity, inventors must disclose their inventions publicly. Patents incentivize innovation, foster economic growth, and facilitate technology transfer.
Recent Reforms in India’s Patent Regime:
The Indian Ministry of Commerce and Industry introduced the Patents (Amendment) Rules, 2024, aiming to streamline patent procedures and enhance the patent ecosystem. Key changes include:
• Reduced Timeline for Request for Examination (RFE): The timeline for filing an RFE reduced from 48 months to 31 months from the priority date. Accelerates patent examination.
• The timeline for filing an RFE reduced from 48 months to 31 months from the priority date.
• Accelerates patent examination.
• Simplified Submission of Form 3: Applicants can file a single updated Form 3 after receiving the First Examination Report (FER). Enhances administrative efficiency.
• Applicants can file a single updated Form 3 after receiving the First Examination Report (FER).
• Enhances administrative efficiency.
• Certificate of Inventorship: Allows inventors to be recognized for their contributions to patented inventions. Addresses the lack of inventor identification on Indian patent certificates.
• Allows inventors to be recognized for their contributions to patented inventions.
• Addresses the lack of inventor identification on Indian patent certificates.
• Frequency of Filing Statements: Reduced from once per financial year to once every three financial years. Eases reporting requirements.
• Reduced from once per financial year to once every three financial years.
• Eases reporting requirements.
• Amendments in Pre-grant and Post-grant Opposition Procedures: Adjusted time frames for submission of recommendations by an Opposition Board and applicant responses. Aligns with recent court decisions.
• Adjusted time frames for submission of recommendations by an Opposition Board and applicant responses.
• Aligns with recent court decisions.
• Divisional Applications: Can be filed for inventions disclosed in provisional or complete applications. Provides flexibility in patent filings.
• Can be filed for inventions disclosed in provisional or complete applications.
• Provides flexibility in patent filings.
Challenges of Patents in India:
• Low-Quality Patents: Some patents lack novelty, inventive step, and industrial applicability. Strain the patent system and hinder genuine innovation.
• Some patents lack novelty, inventive step, and industrial applicability.
• Strain the patent system and hinder genuine innovation.
• High Costs: Patent filing, prosecution, and maintenance fees can be expensive. Deters small inventors and startups.
• Patent filing, prosecution, and maintenance fees can be expensive.
• Deters small inventors and startups.
• Ethical Concerns: Balancing exclusivity with public interest is crucial. Access to essential medicines and technology should not be compromised.
• Balancing exclusivity with public interest is crucial.
• Access to essential medicines and technology should not be compromised.
Opportunities:
• Large Market: India’s vast consumer base offers significant commercial opportunities. Patents can drive economic growth.
• India’s vast consumer base offers significant commercial opportunities.
• Patents can drive economic growth.
• Growing Innovation Ecosystem: Startups, research institutions, and industry players contribute to innovation. Encourage collaboration and knowledge sharing.
• Startups, research institutions, and industry players contribute to innovation.
• Encourage collaboration and knowledge sharing.
• Talented Human Resources: India’s skilled workforce fuels innovation. Invest in education and skill development.
• India’s skilled workforce fuels innovation.
• Invest in education and skill development.
Way Forward:
• Quality Over Quantity: Focus on granting high-quality patents. Strengthen examination processes.
• Focus on granting high-quality patents.
• Strengthen examination processes.
• Enhance Enforcement: Improve patent enforcement mechanisms. Deter infringement and protect inventors’ rights.
• Improve patent enforcement mechanisms.
• Deter infringement and protect inventors’ rights.
• Promote Awareness: Educate inventors about patent benefits and procedures. Foster a culture of innovation.
• Educate inventors about patent benefits and procedures.
• Foster a culture of innovation.
• Balanced Approach: Consider interests of all stakeholders—innovators, consumers, and society. Align patent policies with national development goals.
• Consider interests of all stakeholders—innovators, consumers, and society.
• Align patent policies with national development goals.
Conclusion
India’s patent system must strike a balance between incentivizing innovation and ensuring public welfare. By addressing challenges and leveraging opportunities, we can build a robust patent regime that fosters creativity and economic progress.
10. Prevention of Money Laundering Act (PMLA) has achieved significant successes in combating money laundering, addressing its limitations will be crucial for enhancing its effectiveness and ensuring comprehensive prevention of financial crimes. Critically examine.
Reference: Indian Express , Insights on India
Introduction
The Prevention of Money Laundering Act (PMLA) was enacted in 2002 and it came into force in 2005. The chief objective of this legislation is to fight money laundering, that is, the process of converting black money into white. The act aims at Preventing money laundering, Combating the channelising of money into illegal activities and economic crimes, Providing for the confiscation of property derived from or involved in money laundering and Providing for any other matters connected with or incidental to the act of money laundering.
Critics argue that amendments to the Prevention of Money Laundering Act (PMLA) stripped a person of his right under Article 20(3) (fundamental right against self-incrimination) of the Constitution.
About PMLA
• It is acriminal law enacted to prevent money laundering and to provide for confiscation of property derived from, or involved in, money-laundering and related matters.
• It forms thecore of the legal framework put in place by India to combat Money Laundering.
• The provisions of this act are applicable to all financial institutions, banks (Including RBI), mutual funds, insurance companies, and their financial intermediaries.
• PMLA (Amendment) Act, 2012: Adds the concept of‘reporting entity’ which would include a banking company, financial institution, intermediary etc. PMLA, 2002 levied afine up to Rs 5 lakh, but the amendment act has removed this upper limit. It has provided forprovisional attachment and confiscation of property of any person involved in such activities.
• Adds the concept of‘reporting entity’ which would include a banking company, financial institution, intermediary etc.
• PMLA, 2002 levied afine up to Rs 5 lakh, but the amendment act has removed this upper limit.
• It has provided forprovisional attachment and confiscation of property of any person involved in such activities.
Efficacy of PMLA
• Indian banks were reluctant to depart from their strict bank secrecy policies, and this further allowed individuals in India to launder money. The problem of money laundering in India is complicated further by Hawala’s ancient underground banking system.
• ED has been given the responsibility to enforce the provisions of the PMLAby conducting investigation to trace the assets derived from proceeds of crime, to provisionally attach the property and to ensure prosecution of the offenders and confiscation of the property by the Special court.
• ED has been given the responsibility to conduct investigation into suspected contraventions of foreign exchange laws and regulations,to adjudicate and impose penalties on those adjudged to have contravened the law.
Issues with PMLA
• PMLA ispulled into the investigation of even “ordinary” crimes and assets of genuine victims have been attached.
• PMLA was enacted in response to India’s global commitment (including the Vienna Convention) to combat the menace of money laundering. Instead, rights have been “cribbed, cabined and confined”.
• PMLA was a comprehensive penal statute to counter the threat of money laundering, specifically stemming from trade in narcotics. Currently, the offences in the schedule of the Act are extremely overbroad, and in several cases, have absolutely no relation to either narcotics or organised crime.
• Currently, the offences in the schedule of the Act are extremely overbroad, and in several cases, have absolutely no relation to either narcotics or organised crime.
• Even theEnforcement Case Information Report (ECIR) – an equivalent of the FIR – is considered an “internal document” and not given to the accused. The ED treats itself as an exception to these principles and practises [of criminal procedure law]and chooses to register an ECIR on its own whims and fancies on its own file.
• The ED treats itself as an exception to these principles and practises [of criminal procedure law]and chooses to register an ECIR on its own whims and fancies on its own file.
• There is also a lack of clarity about ED’s selection of cases to investigate.The initiation of an investigation by the ED has consequences which have the potential of curtailing the liberty of an individual.
Conclusion
The evolving threats of money laundering supported by the emerging technologies need to be addressed with the equally advanced Anti-Money Laundering mechanisms like big data and artificial intelligence. Both international and domestic stakeholders need to come together by strengthening data sharing mechanisms amongst them to effectively eliminate the problem of money laundering.
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