JALLIANWALA BAGH MASSACRE

• A British Colonel named Reginald Edward Harry Dyer ordered troops to surround the compound, situated between houses and narrow lanes, and launched indiscriminate firing on the assembled men, women and children who lacked the means to escape. Some of them jumped into a well located within the premises to escape the bullets
• According to the British, around 400 people were killed in the firing, the youngest of whom was nine-years-old and the oldest was 80. Indian historians peg the toll at 1,000
• While British rule in India led to numerous atrocities before and after Jallianwala Bagh, the nature of the violence that unfolded on unarmed civilians led to widespread condemnation later, including from British authorities
• Wartime British Prime Minister Winston Churchill went on to describe the day as “monstrous” and an inquiry was set up to probe Dyer’s orders

• April 13 saw celebrations for the Sikh festival of Baisakhi, which marks the onset of Spring and the harvest of winter crops
• Simultaneously, the movement for independence from British rule had been steadily gaining ground in recent years, and an event was held at Jallianwala Bagh to defy colonial orders and protest against the recently passed Rowlatt Bills
• These Bills curtailed the civil liberties of Indians and let colonial forces arrest people without any warrant or trial
• One of the Acts was pushed through the Legislative Council ignoring objections of elected Indian representatives, leading to resentment among Indians
• Some violent protests had been witnessed in cities of Delhi, Bombay (now Mumbai) and Lahore as well, even as MK Gandhi called for the launch of a non-violent peaceful protest at the time
• Sir Michael O’Dwyer imposed martial rule in Lahore and Amritsar on April 11, but the order reached Amritsar only on April 14
• He also sent Colonel Dyer, who was then holding the temporary rank of Brigadier General, from the Jalandhar cantonment to Amritsar
• On April 13, a Sunday, Col Dyer’s troops marched through the town to warn against the assembly of more than four people
• But the announcement did not reach most people, and devotees headed towards the Golden Temple
• By 4 pm, many gathered for a public meeting against the arrest of Dr Satyapal and Dr Saifuddin Kitchlew for opposing the Rowlatt Act
• Dyer saw the assembly as a violation of government orders. “They had come to fight if they defied me and I was going to give them a lesson……I was going to punish them
• "My idea from the military point of view was to make a wide impression,” Dyer said to the Hunter Committee of 1920 

• The 1920 report noted that Dyer entered Jallianwala Bagh with 25 Gorkha soldiers and 25 Baluchis armed with rifles, 40 Gorkhas armed with only Khukris and two armoured cars. A crowd of around 10 to 12,000 was gathered there at the time
• According to the report “Without giving the crowd any warning to disperse, which he considered unnecessary as they were in breach of his proclamation, he ordered his troops to fire and the firing continued for about ten minutes,”
• It noted that no one in the crowd was carrying firearms though some may have been carrying sticks
• In all, the soldiers fired 1,650 rounds. A later investigation brought the number of killed up to 379
• No figure was given for the wounded and it was thought that it may have been three times the dead
• Indian leaders expressed their anger and protested in response to the killings. Notably, Nobel laureate poet Rabindranath Tagore gave up his knighthood

• Dyer was born in Murree in 1854, in present-day Pakistan, and was commissioned in the West Surrey Regiment in 1885 and then transferred to the Indian Army
• The Jallianwala Bagh incident led to focus on his actions in particular
•  After the incident too, Dyer was known to engage in barbarity against Indians in at least one other incident
• On April 10, 1919 Marcella Sherwood, a missionary, was cycling down the street in Amritsar when she was allegedly attacked. Some locals intervened and saved her
• Six days after the Jallianwala Bagh massacre, Dyer was informed of how Sherwood was attacked and he issued an order that no one would walk through the street where Sherwood was attacked
• Those who needed to pass through it, were told to crawl. Those disobeying these orders were to be flogged
• As part of the Hunter Committee report, statements from Dyer given to it show that he did not show particular regret for his action on April 13, believing them to be justified to quell the crowd
• He is quoted as saying in the report, “I had made up my mind. I was only wondering whether I should do it or not….The situation was very, very serious. I had made up my mind that I would shoot all men to death if they were going to continue the meeting.”

• The Hunter Committee condemned the incident but did not impose any punishment on Dyer
• Ultimately, the Commander-in-Chief of the Army directed Brig Gen Dyer to resign his appointment as Brigade Commander and informed him that he will receive no further employment in India
• However, Dyer remained a divisive figure at the time. Imperialists at home lauded Dyer for his actions against what they termed as unrest in India
• Conservative newspapers and organisations in the UK later arranged for a fund for Dyer and collected a significant amount
• Dyer would go on to retire and live in Britain. Incidentally, Michael O’Dwyer, the officer to order martial law, was later assassinated in 1940 in his retirement by Sardar Udham Singh, an Indian man who was present at Jallianwala Bagh and escaped the atrocities

SAVITRIBAI PHULE

 

 

1. Context

Recently, The Prime Minister paid homage to Savitribai Phule on her birth anniversary.

2. Savitribai Phule (Kavya Phule, 1854)

• A Dalit woman from the Mali community, Savitribai was born on January 3, 1831, in Maharashtra’s Naigaon village.
• Married off at the tender age of 10, her husband Jyotirao Phule is said to have educated her at home. Later, Jyotirao admitted Savitribai to a teachers’ training institution in Pune.
• Throughout their life, the couple supported each other and in doing so, broke many social barriers.
• At a time when it was considered unacceptable for women to even attain education, the couple went on to open a school for girls in Bhidewada, Pune, in 1848.
• This became the country’s first girls’ school.
• A pioneer who challenged oppressive social norms in her quest for women’s education, equality, and justice, Savitribai Phule is formally recognized as India’s first woman teacher. The above poem titled Go, Get Education, is among the many Phule wrote to make a clarion call to the downtrodden to pursue education, and break free from the shackles of the caste system.

 

3. Phule’s role as a social reformer

• Phule’s work extended to many fields including the eradication of untouchability and the caste system, women's emancipation, and the reform of Hindu family life.
• Savitribai Phule started Mahila Seva Mandal in 1852, which worked for raising women’s consciousness about their human rights, the dignity of life, and other social issues.
• The first ever infanticide prohibition home of India was started by Savitribai Phule in 1853.
• They championed widow remarriage and started a home for lower and upper-caste widows in 1854.
• In September 1873, Phule, along with their followers, formed the Satyashodhak Samaj (Society of Seekers of Truth) to attain equal rights for peasants and people from lower castes.
• Savitribai Phule was the first Dalit woman, in fact, the first woman whose poems got noticed in the British Empire.
• The prestigious University of Pune was renamed Savitribai Phule Pune University in 2014.
• The Government of Maharashtra has instituted an award in her name to recognize women social reformers.

4. Savitribai's Literary Works 

• Savitribai Phule published her first Collection of poems, called Kavya Phule (Poetry's Blossoms), at the age of 23 in 1854.
• She published Bavan Kashi Subodh Ratnakar (The Ocean of Pure Gems), in 1892.
• Besides these works, Matushri Savitribai Phlenchi Bhashane VA Gaani (Savitribai Phule's speeches and songs), and her letters to her husband have also been published.

For Prelims

For Prelims: Savitribai Phule, Jyotirao Phule, Mahila Seva Mandal, Satyashodhak Samaj (Society of Seekers of Truth), Savitribai Phule Pune University, Kavya Phule (Poetry's Blossoms) and Bavan Kashi Subodh Ratnakar (The Ocean of Pure Gems).

 

 Source: The Indian Express

YAKSHAGANA

 

1. Context

Unlike Mohammed Ghouse, Jokatte Mohammed and Jabbar Samo, who are well-known Yakshagana artistes in coastal Karnataka, Arshiya is a relatively new entrant to the art form. But she is growing in popularity.

 

2. Yakshagana

Yakshagana, a traditional dance-drama, originates from South India and is closely linked with Karnataka, especially in its coastal districts. Additionally, it has gained popularity in the Kasaragod district of Kerala.

This art form, deeply rooted in temples, narrates mythological tales and Puranic stories. Yakshagana performances are characterized by intricate facial makeup, colorful costumes adorned with ornaments, and imposing headpieces. Its name stems from the combination of "Yaksha" (celestial) and "Gana" (music).

Believed to have emerged from pre-classical musical forms and theatrical arts, Yakshagana is a spectacle traditionally conducted in outdoor settings. It's presented by all-male troupes, often sponsored by different Hindu temples.

3. Elements of Yakshagana

The Performance

In Yakshagana, each show typically revolves around a specific sub-story, referred to as 'Prasanga,' extracted from the ancient Hindu epics like the Ramayana or Mahabharata. The presentation involves stage performances by skilled artists and a narrative commentary delivered by the lead singer, known as the Bhagavatha, accompanied by traditional music.

Understanding the Bhagavatha:

Part of the himmela, the Bhagavatha serves as the primary vocalist, narrating the tale through songs. Meanwhile, the dancers/actors, known as the mummela, enact stories derived from the Ramayana, Mahabharata, and the Puranas. The Bhagavatha assumes the role of the chief storyteller and employs a unique, enchanting high-pitched voice, invoking the Gods for a successful performance.

The Musical Aspect:

Yakshagana incorporates various musical instruments like the chande (drums), harmonium, maddale, taala (mini metal clappers), and flute, among others, contributing to the auditory richness of the performance.

The Attire:

The costumes in Yakshagana are distinctive and intricate, featuring large headgear, painted faces, elaborate body costumes, and musical bead adornments known as Gejje. Performers also wear Kavacha on the chest, armlets on the shoulders, and belts made of lightweight wood coated with golden foil. Given the weight of the costumes, performers require considerable physical strength, along with robust vocal and performance skills to sustain the act for extended durations.

Language and Troupes:

Yakshagana is predominantly presented in Kannada, although performances occasionally occur in Malayalam and Tulu. Throughout the year, several prominent troupes, known as Melas, engage in Yakshagana performances. Renowned Melas include Saligrama, Dharmasthala, Mandarthi, and Perduru.

3.1.Bagavatha

In Yakshagana, the Bhagavatha is a pivotal figure in the performance. Part of the himmela (the musical ensemble), the Bhagavatha assumes the role of the lead singer and narrator. Their primary responsibility is to orally narrate and sing the stories, mythological tales, or episodes from epics like the Ramayana, Mahabharata, or Puranas. The Bhagavatha's narration, carried out through songs and storytelling, guides the performance and engages the audience, often invoking divine blessings for a successful and captivating show. Their enchanting and distinctive high-pitched singing style is a hallmark of Yakshagana performances, adding depth and emotion to the storytelling.

4. Variants of Yakshagana

Yakshagana is a traditional theater art form from Karnataka that depicts mythological stories and Puranas. It has two main variants: 

• Moodalapaya: The eastern form, popular in north Karnataka
• Paduvalapaya: The western style, also known as coastal Yakshagana

Each of these variants has many variations. The two main types of Yakshagana are: 

• Thenku Thittu: The southern form
• Badagu Thittu: The northern form

The Badagu style has two other types, called: 

• Nadu thittu
• Baada badagu thittu

The two variants are differentiated by the instruments played and the costumes worn. 

 

Yakshagana has a unique feature where male actors portray female roles. The poems written for Yakshagana are composed in well-known Kannada meters using the framework of Yakshagana Raga and Yakshagana Tala

 

5. Way forward

Yakshagana is a celebration of culture and mythology, often performed in open-air settings by all-male troupes, recounting tales of valor, devotion, and morality. It's an immersive experience that showcases the richness of Indian traditions and storytelling

 

 

 

Source: Indianexpress

DECENTRALISED AUTONOMOUS ORGANISATIONS (DAOs)

1. Context

• DAOs, or Decentralized Autonomous Organizations, are a groundbreaking innovation that merges blockchain technology and governance.
• These digital entities operate without central control and are governed by smart contracts and the consensus of their members, often utilizing cryptocurrencies as a means of decision-making and resource allocation.
• DAOs have garnered attention for their potential to revolutionize various industries, including finance, art, and governance, by fostering transparent, democratic, and self-executing systems.

2. The Genesis of DAOs

• A DAO is an organization represented by rules encoded as a computer program that is transparent, controlled by the respective organization members, and not influenced by a government.
• The idea behind DAOs is to create self-sustaining, community-driven entities governed by smart contracts on blockchain networks.
• These smart contracts automatically execute predefined rules without the need for intermediaries, ensuring trust through code rather than traditional authorities.

3. Various Use Cases of DAOs

• DAOs are already making their mark across diverse industries.
• In the realm of decentralized finance, platforms like Compound and MakerDAO have introduced lending and borrowing services, enabling users to participate in the global financial ecosystem without relying on traditional banks.
• In the art world, artists are tokenizing their creations and utilizing DAOs to manage royalties and maintain control over their intellectual property.
• Supply chain management is another arena where DAOs are gaining traction, as they offer transparency and traceability in global supply chains, ensuring the authenticity and quality of products.
• Even in the governance of online communities, DAOs have emerged as tools for decision-making, with platforms like DAOstack facilitating decentralized governance structures for internet communities.
• These examples showcase the versatility of DAOs, demonstrating their potential to reshape industries across various sectors.

4. Implications for the Digital World

DAOs are ushering in a transformation in the digital world by embodying several key principles:

• DAOs are shifting power away from centralized authorities and placing it firmly in the hands of the collective. Decision-making within DAOs becomes a democratic process, where token holders have a direct say, resulting in a more equitable distribution of influence.
• Smart contracts that underpin DAO operations are transparent and immutable, fostering trust among participants. Rules are predefined and require consensus for alteration, minimizing the need for intermediaries. This transparency can potentially disrupt traditional industries by eliminating the opacity often associated with centralized organizations.
• DAOs champion inclusivity, democratizing access to resources and opportunities. They transcend geographical and socio-economic barriers, enabling global participation. This inclusivity not only promotes diversity but also fuels innovation, as individuals from various backgrounds collaborate to create innovative solutions.
• DAOs facilitate global cooperation, allowing participants with shared goals to unite without the need for intermediaries. This dynamic environment fosters innovation and cooperation as ideas flow freely, unencumbered by hierarchical structures.

5. Challenges and Controversies

The journey of DAOs has not been without hurdles:

• The infamous DAO hack in 2016 exposed vulnerabilities in the code, leading to a contentious hard fork in the Ethereum blockchain. This incident highlighted the need for rigorous security audits and raised questions about the immutability of blockchain systems.
• The legality and regulatory framework surrounding DAOs remains a topic of debate. Traditional legal systems are still catching up with the decentralized nature of these entities, leaving room for uncertainty in many jurisdictions.
• Taxation of transactions within DAOs, identity verification, and compliance with Anti-Money Laundering (AML) and Know Your Customer (KYC) regulations further add layers of complexity to the legal framework.
• Dispute resolution, often relying on code-based solutions, presents a unique challenge in the absence of traditional legal mechanisms.

6. Addressing Challenges

Stakeholders are actively working to establish legal frameworks that balance innovation with compliance:

• DAO creators, participants, and regulators are collaborating to develop guidelines that accommodate the unique characteristics of DAOs within existing regulatory structures.
• Addressing concerns such as governance, intellectual property, and cross-border operations while ensuring transparency and fairness in token-based decision-making.
• Finding a delicate balance is essential for the future coexistence of decentralized innovation and legal compliance.

7. Conclusion

DAOs represent a pivotal shift in how we organize and collaborate in the digital world. While challenges and uncertainties remain, the potential for DAOs to drive positive change in various sectors is undeniable. Regulators, developers, and participants must work collaboratively to harness the full potential of DAOs while addressing their evolving challenges. These decentralized entities are shaping the digital future, and the possibilities they offer are limited only by our collective imagination.

 

For Prelims: Decentralized Autonomous Organizations, blockchain technology, governance, Anti-Money Laundering, Know Your Customer,  For Mains:  1. Examine the implications of DAOs for the digital world, emphasizing their potential to foster decentralization, transparency, inclusivity, and new forms of collaboration. (250 Words)

 

Previous Year Questions   1. With reference to “Blockchain Technology”, consider the following statements: (UPSC 2020) 1. It is a public ledger that everyone can inspect, but which no single user controls. 2. The structure and design of the blockchain are such that all the data in it are about cryptocurrency only. 3. Applications that depend on the basic features of blockchain can be developed without anybody’s permission. Which of the statements given above is/are correct?  A. 1 only         B. 1 and 2 only         C. 2 only              D. 1 and 3 only   2. The Prevention of Money Laundering Act, 2002 become effective since which one of the following dates? (UKPSC RO/ARO 2012)   A. July 2002          B. August 2003        C. July 2004         D. July 2005   3. FEMA (Foreign Exchange Management Act) was finally implemented in the year (UPPSC  2013) A. 1991         B. 1997         C. 2000             D. 2007   4. The Foreign Exchange Regulation Act was replaced by the ______ in India. (SSC Steno 2020)  A. Foreign Exchange Currency Act B. Foreign Exchange Finances Act C. Foreign Exchange Funds Act D. Foreign Exchange Management Act   5. "Central Bureau of Intelligence and Investigation" is listed in the __________ list given in the Seventh Schedule of the Constitution of India. (SSC CGL 2017)  A. Union             B. State             C. Global          D. Concurrent     6. With reference to Web 3·0, consider the following statements:  (UPSC 2022) 1. Web 3·0 technology enables people to control their own data. 2. In Web 3·0 world, there can be blockchain-based social networks. 3. Web 3·0 is operated by users collectively rather than a corporation. Which of the statements given above are correct? A. 1 and 2 only        B. 2 and 3 only       C.  1 and 3 only          D. 1, 2 and 3     7. With reference to the governance of public sector banking in India, consider the following statements: (UPSC 2018) 1. Capital infusion into public sector banks by the Government of India has steadily increased in the last decade. 2. To put the public sector banks in order the merger of associate banks with the parent state Bank of India has been affected. Which of the statements given above is/are correct? A. 1 only       B. 2 only        C. Both 1 and 2        D. Neither 1 nor 2   Answers: 1-D, 2-D, 3-C, 4-D, 5-A, 6-D, 7-B

Source: The Hindu

PATRIARCHY PROBLEM IN THE JUDICIARY

 

 

1. Context

Justice Fathima Beevi, the first Indian woman to become a Supreme Court judge, died on Thursday at the age of 96 in Kollam, Kerala. With her appointment to the SC in 1989, Justice Beevi became the first Muslim woman judge of the Supreme Court, as well as the first woman Supreme Court Justice in Asia.

 

2. Representation of women in the Supreme Court of India

• The representation of women in the Supreme Court of India has been historically limited. Since 1989, only 10 women have risen to the esteemed bench. Presently, among the 33 justices, merely three are women: Justices Hima Kohli, Bela Trivedi, and BV Nagarathna. While Justice Nagarathna is set to become the first female Chief Justice of India on September 25th, 2027, her tenure will last only 36 days.
• The year 2021 witnessed a notable milestone when Justices Kohli, Nagarathna, and Trivedi were appointed to the Supreme Court simultaneously. This marked the first instance of three women being appointed together and resulted in a record-breaking moment with four female justices concurrently serving, the highest number to date. Notably, the history of India’s apex court includes only eight other female judges: Justices Sujata Manohar, Ruma Pal, Gyan Sudha Misra, Ranjana Desai, R. Banumathi, Indu Malhotra, Indira Banerjee, and Fathima Beevi.
• Among the 268 judges in the Supreme Court's history, a mere 11 have been women. This means that only 4.1% of all Supreme Court justices have been women, highlighting a significant gender disparity in the institution, with the remaining 96% being men.
• Out of a total of 268 Supreme Court judges throughout history, a mere 11 have been women. This translates to a representation of only 4.1% of all Supreme Court justices being women, while the remaining 96% have been men.

3. Representation of Women in the High Court

• The representation of women in the High Courts of India has shown a gradual but limited increase over time. While there's been progress, gender parity remains a challenge.
• In recent years, there has been a growing number of women appointed as judges in various High Courts across India. However, the representation is still not proportional to the overall population. Each High Court has seen varying degrees of female representation among its judges.
• Efforts have been made to encourage more women to join the judiciary, but there is still a considerable gap in the ratio of male to female judges in the High Courts. The exact numbers may vary among different High Courts, but the overall trend indicates a need for more significant strides toward gender balance and increased representation of women in the Indian judiciary
• At present, India comprises 25 high courts with a sanctioned capacity for 1,114 judges. However, as per the Department of Justice’s website, only 782 judges are presently serving, leaving 332 judicial positions vacant. Among these, a mere 107 judges, accounting for 13% of all high court judges, are female.
• None of the 25 high courts in the country currently have a female chief justice, except for the Gujarat High Court, where Justice Sunita Agarwal was appointed in July due to the absence of any female chief justices across the nation.
• Regarding representation of marginalized sections among high court judges, Union law minister Arjun Ram Meghwal responded to Lok Sabha MP Asaduddin Owaisi in July, stating that appointments to the higher judiciary, guided by Articles 124, 217, and 224 of the Constitution, do not include provisions for reservation based on caste or class

4. Situation in the Lower Courts

• The lower judiciary in India faces a mix of challenges and improvements. Historically, the lower judiciary has encountered issues such as prolonged vacancies in judicial positions, heavy caseloads leading to delays in justice delivery, and at times, issues related to infrastructure and resources.
• Efforts have been made to address these challenges. Various state public service commissions conduct exams to recruit judges at the lower levels. However, vacancies often persist due to the lengthy process of recruitment, which includes examinations, interviews, and appointments.
• Additionally, there have been initiatives to enhance infrastructure, provide training to judicial officers, and streamline procedures to reduce the backlog of cases. Specialized courts, such as family courts, commercial courts, and fast-track courts, have also been established to expedite the resolution of specific types of cases.
• There's recognition of the need to strengthen the lower judiciary further to ensure efficient and timely justice delivery at the grassroots level. Efforts to fill vacancies promptly, provide adequate resources and training, and streamline processes continue to be key focus areas to improve the state of the lower judiciary in India.
• In a study conducted by Vidhi in 2018 regarding women's representation in the lower judiciary, it was observed that between March and July 2017, there were 15,806 judges in this tier.
• The findings highlighted that only in three of the smallest states—Goa, Meghalaya, and Sikkim—where a total of 103 judges served, did the percentage of women judges surpass 60%. With the exception of Telangana and Puducherry, in all other states, irrespective of geographical location, cultural differences, or other factors, the proportion of women judges remained below 40%.
• While there's no formal reservation for women in the higher judiciary, several states, including Andhra Pradesh, Assam, Bihar, Chhattisgarh, Jharkhand, Karnataka, Odisha, Rajasthan, Tamil Nadu, Telangana, and Uttarakhand, have established quotas ranging from 30% to 35% of total seats for direct appointment.
• A more recent study, the India Justice Report (IJR) 2022, highlighted that merely 13% of High Court judges and 35% of Subordinate Court judges are women. At the district court level, Goa exhibited the highest percentage, with 70% of women judges, followed closely by Meghalaya (62.7%), Telangana (52.8%), and Sikkim (52.4%), as per the report's findings

5. Reasons for less women representation in the Judiciary

 

The lack of Indian women's representation in the judiciary in India can be attributed to various factors:

• Traditionally, women have faced societal barriers in pursuing careers in law and judiciary. Social norms, stereotypes, and cultural expectations often discourage or limit women's participation in professions such as law and judiciary.
• Limited access to quality legal education and fewer women opting for law as a career contribute to the scarcity of female candidates entering the legal profession.
• Despite efforts to promote diversity, the recruitment and selection processes might not be sufficiently accommodating or actively encouraging of women candidates. There might be biases or systemic hurdles that unintentionally hinder the appointment of women in judicial roles.
• The demanding nature of judicial roles, especially at higher levels, might pose challenges for women in maintaining a work-life balance, impacting their career progression.
• Societal expectations of women fulfilling domestic roles alongside professional responsibilities can dissuade many from pursuing and sustaining careers in the judiciary, which often demands long hours and commitment.
• While some states have initiated quotas for women in the lower judiciary, such policies are not uniform across all levels or regions, contributing to unequal representation.
• The scarcity of visible female role models in the judiciary might also deter women from envisioning themselves in such positions and limit their aspirations.

• Additionally, elements such as instances of sexual harassment, clients' reluctance to entrust significant cases to women advocates, and inadequate supportive infrastructure, encompassing facilities like restrooms and provisions for maternity leave, all contribute to the higher attrition rates experienced by women in both the judiciary and legal practice.
• Comparatively, the lower judiciary exhibits a lower attrition rate in contrast to the High Court and Supreme Court.
• This disparity might stem from the fact that entry into the lower judiciary occurs through an examination, while appointments to the High Court and Supreme Court are made via a collegium system, which operates through informal means of candidate selection.
• During an April 2021 hearing concerning an intervention plea by the Supreme Court Women Lawyers Association in the case 'M/s PLR Projects Pvt Ltd v Mahanadi Coalfields Ltd,' addressing the issue of unoccupied positions of High Court judges, former Chief Justice SA Bobde emphasized that appointments are not solely an institutional concern but hinge on identifying the right female candidate.

6. Way forward

Addressing this issue requires an approach involving changes in societal perceptions, enhanced access to legal education, supportive recruitment policies, mentorship programs, and initiatives that enable better work-life balance. Efforts to promote inclusivity and diversity within the legal system are essential to encourage and support more women to join and thrive in the judiciary

 

 

Source: Indianexpress

SPECIAL CATEGORY STATUS

1. Context

Recently, the Chief Minister Nitish Kumar­led Cabinet passed a resolution seeking the grant of special category status (SCS) to Bihar. The demand comes in the backdrop of the findings from the “Bihar Caste­based Survey, 2022”, which revealed that nearly one­third of Bihar’s population continues to live in poverty.

2. What is Special Category Status?

Special Category Status (SCS) is a classification given by the Central government to assist the development of states that face geographical and socio-economic disadvantages. SCS was introduced in 1969 on the recommendations of the Fifth Finance Commission. The states with SCS receive several benefits, including:

• The Central government bears 90% of the cost of centrally sponsored schemes in SCS states, while the remaining 10% is borne by the state government.
• In the SCS States, the Centre-State funding of centrally sponsored schemes is divided in the ratio of 90:10, far more favourable than the 60:40 or 80:20 splits for the general category States.
• SCS States receive several incentives to attract investments, such as concession in customs and excise duties, income tax rates and corporate tax rates.

2.1. The parameters for granting SCS are as follows:

• SCS is granted to states with hilly terrain, making it difficult to develop infrastructure.
• SCS is granted to states with low population density or a sizeable share of tribal population, indicating socio-economic backwardness.
• SCS is granted to states with strategic locations along borders, requiring additional security measures.
• CS is granted to states with economic and infrastructure backwardness, indicating the need for special assistance.
• SCS is granted to states with nonviable state finances, indicating the need for special financial assistance.

2.2. Benefits of Special Category Status

States with SCS receive several benefits, including:

• SCS states used to receive grants based on the Gadgil-Mukherjee formula, which earmarked nearly 30% of the total central assistance for states to the SCS states. However, this assistance has been subsumed in an increased devolution of the divisible pool funds for all states.
• In the SCS states, the Centre-State funding of centrally sponsored schemes is divided in the ratio of 90:10, far more favourable than the 60:40 or 80:20 splits for the general category states.
• SCS states receive several incentives to attract investments, such as concession in customs and excise duties, income tax rates and corporate tax rates.

3. Reasons for Bihar Demanding Special Category Status

Bihar has been demanding SCS for several reasons, including:

• The state has consistently been one of the poorest states in terms of per capita GDP.
• Bihar faces a lack of natural resources, a continuous supply of water for irrigation, regular floods, and severe droughts.
• The bifurcation of the state led to the shifting of industries to Jharkhand and created a dearth of employment and investment opportunities.
• While Bihar meets several criteria for the grant of Special Category Status, it falls short in fulfilling the requirement of hilly terrain and geographically challenging areas.
• This limitation is identified as a primary hurdle in the state's infrastructural development. In 2013, the Raghuram Rajan Committee, constituted by the Centre, categorized Bihar as the "least developed category."
• The committee proposed a new methodology based on a 'multi-dimensional index' for devolving funds, presenting an alternative approach to address the state's backwardness.

4. Other States Demanding Special Category Status

• Andhra Pradesh: After the bifurcation of Andhra Pradesh in 2014, the new state of Telangana was formed, which took away the capital city of Hyderabad. Andhra Pradesh has been demanding SCS to compensate for the loss of revenue and infrastructure due to the bifurcation.
• Odisha: Odisha is prone to natural disasters such as cyclones and floods, and it also has a large tribal population. The state has been demanding SCS to address these challenges and promote its development.
• Tamil Nadu: Tamil Nadu has been demanding SCS for a long time, citing its economic backwardness and its contribution to the national economy.
• Karnataka: Karnataka has also been demanding SCS, highlighting its challenges in terms of infrastructure development and its contribution to the IT industry.
• West Bengal: West Bengal has been demanding SCS citing its economic backwardness and significant Muslim population.

5. Central Government's Stance on SCS

• The Central Government has been hesitant to grant SCS to additional states, citing the recommendations of the 14th Finance Commission.
• The 14th Finance Commission recommended that SCS be discontinued for all states except the Northeastern states and the three hill states of Jammu and Kashmir, Himachal Pradesh, and Uttarakhand.
• The commission argued that SCS should be provided only to states facing exceptionally challenging circumstances.

For Prelims: Special Category Status, 14th Finance Commission, Bihar Caste­based Survey, Raghuram Rajan Committee,  For Mains:  1. Examine the reasons behind the Central Government's reluctance to grant SCS to additional states. Discuss the implications of the 14th Finance Commission's recommendations in this regard. (250 Words)

 

 

Previous Year Questions   1. The status of "Special Category States" is given to certain states to target the fund flow for better-balanced growth. Which of the following states fall under this category? (UPSSSC Lower PCS Prelims 2016)  1. Rajasthan 2. Uttarakhand 3. Bihar 4. Jammu & Kashmir 5. Himachal Pradesh 6. Jharkhand Select the correct answer using the codes given below: A. 1, 5 and 6          B. 2, 4 and 5           C. 3, 5 and 6        D. 1, 3 and 6   2. With reference to the Fourteenth Finance Commission, which of the following statements is/are correct? (UPSC 2015) 1. It has increased the share of States in the central divisible pool from 32 percent to 42 percent. 2. It has made recommendations concerning sector-specific grants. Select the correct answer using the code given below. A. 1 only          B.  2 only           C. Both 1 and 2          D. Neither 1 nor 2     3. Based on the Sixth Schedule of Indian Constitution, with respect to the tribal areas of Assam, Meghalaya, Tripura and Mizoram Which of the following can the Governor of a State do?  (DSSSB PRT General Section Officer 2019) 1. Can create a new autonomous district 2. The area of atonomous district can be increased A. 1 Only     B. 2 Only        C. Both 1 and 2         D. Neither 1 nor 2     4. If a particular area is brought under the Fifth Schedule of the Constitution of India, which one of the following statements best reflects the consequence of it? (UPSC 2022) A. This would prevent the transfer of land of tribal people to non-tribal people. B. This would create a local self-governing body in that area. C. This would convert that area into a Union Territory. D. The State having such areas would be declared a Special Category State.     5. Article _____ of the Constitution of India deals with provisions related to the administration and control of Scheduled Areas and Scheduled Tribes. (SSC CGL 2020) A. 222(1)         B. 244(1)          C. 244(2)            D.  222(2)     6. The National Commission for Backward Classes (NCBC) was formed by insertion of Article ______ in the Constitution of India. (SSC CGL 2020)  A. 328B         B.  338A            C. 338B            D. 328A   Answers: 1-A, 2-A, 3-C, 4-A, 5-B, 6-B

 

 Source: The Hindu