OTHER BACKWARD CLASSES
1. Context
The Rajasthan High Court has issued notice to the State on a petition filed by a transwoman challenging the State government’s classification of transgender people as Other Backward Classes (OBC) for reservation in public education and employment.
2. About the sub-categorization of OBCs
- The concept of sub-categorization of OBCs involves creating sub-groups within the larger OBC category for reservation purposes.
- Currently, OBCs are granted 27% reservation in jobs and education under the central government.
- However, there has been a debate over the equitable distribution of these benefits among the various OBC communities.
- Some argue that a few affluent communities within the Central List of OBCs have disproportionately secured the majority of the reservation benefits.
- Creating sub-categories aims to ensure a fairer distribution of representation among all OBC communities.
3. The Rohini Commission's Brief
- To examine the extent of inequitable distribution of reservation benefits among the OBC castes or communities included in the Central List.
- To devise a scientific approach for sub-categorization within the OBCs, including defining the mechanism, criteria, norms, and parameters.
- To identify respective castes, communities, sub-castes, or synonyms in the Central List of OBCs and classify them into their respective sub-categories.
- To study the Central List of OBCs and rectify any repetitions, ambiguities, inconsistencies, and errors.
- The Commission's progress has faced various challenges, including the absence of data on the population of different communities to compare their representation in jobs and education.
- Initially, the Commission had requested an all-India survey to estimate the caste-wise population of OBCs but later decided against it.
- Additionally, the government has remained silent on the collection of OBC data in the Census, despite demands from OBC groups.
4. The Extent of OBC Recruitment in Central Jobs
- As part of its findings, the Commission analyzed data from the preceding five years on OBC quota-based central jobs and admissions to central higher education institutions.
- It revealed that a disproportionate number of jobs and educational seats went to a small fraction of OBC sub-castes, with 37% of the total OBC communities having no representation in jobs and educational institutions.
- Regarding OBC representation in central jobs, as of March 17, the data showed that 20.26% of Group A to Group C employees were OBCs.
- However, the representation drops to 16.88% in Group A, where the reservation for OBCs is 27%.
Image Source: The Indian Express
5. The Way Forward
- Despite the challenges faced, the Commission has made significant progress, including drafting a report on sub-categorization.
- However, the final report is yet to be submitted. The extended tenure will provide the Commission with additional time to address the complexities of OBC sub-categorization and propose measures to achieve equitable distribution of reservation benefits among all OBC communities.
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For Prelims: Rohini Commission, OBCs, Central List
For Mains:
1. Discuss the role of the government in addressing the demand for the enumeration of OBCs in the Census and its potential impact on OBC representation and welfare." (250 Words)
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Previous Year Questions
1. Who was appointed as the head of the OBC Sub-categorisation Commission?
(Maharashtra Talathi 2019)
A. Justice Geeta Mittal
B. Justice Manjula Chellur
C. Justice Tahilramani
D. Justice G. Rohini
Answer: D
2. Which of the following pairs of list and contents is/are correctly matched? (UPSC CAPF 2019)
1. State list Public health and sanitation
2. Union list Citizenship, naturalisation and aliens
3. Concurrent list Legal, medical and other
Select the correct answer using the code given below:
A. 1 only B. 1, 2 and 3 C. 2 and 3 only D. 3 only
Answer: B
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Source: The Indian Express
RIGHT TO INFORMATION ACT
1. Context
The Union Labour Ministry said in a Right to Information (RTI) reply that the welfare Boards for building and other construction workers of various States have not yet used the cess of ₹70,744.16 crore they collected from the employers for the welfare of the workers.
2. The Right to Information (RTI) Act:
- The Right to Information (RTI) Act is a landmark legislation enacted in India in 2005.
- It empowers citizens to access information held by public authorities and promotes transparency and accountability in government functioning.
Here are key points about the RTI Act:
Objective
The primary objective of the RTI Act is to provide citizens with the legal right to request and receive information from government agencies and departments.
Applicability
The Act applies to all government bodies at the central, state, and local levels, including ministries, departments, public sector undertakings, and even non-governmental organizations receiving government funding.
Information Disclosure
It mandates government bodies to proactively disclose certain categories of information to the public, reducing the need for citizens to file RTI applications for routine information.
Request Process
- Citizens can file RTI applications in writing, seeking specific information. They need to pay a nominal fee with the application.
- Information must be provided within 30 days (or 48 hours for information concerning life and liberty), failing which authorities must explain the delay.
Exemptions
The Act specifies certain categories of information that are exempt from disclosure, primarily to protect national security, privacy, and sovereignty.
Public Interest Override
Even if the information falls under exempt categories, it must still be disclosed if there is an overriding public interest.
Promoting Accountability
- The RTI Act is a powerful tool for holding public officials accountable for their actions and decisions.
- It has been instrumental in exposing corruption, inefficiency, and human rights violations.
Challenges and Amendments:
Over the years, there have been concerns about the Act's effectiveness due to delays, procedural hurdles, and some amendments that activists argue weaken its provisions.
Impact
- The RTI Act has empowered citizens to participate in governance, making the government more transparent and accountable.
- It has been hailed as a significant step toward strengthening democracy in India.
Role of Information Commissions
Information Commissions at the central and state levels are responsible for hearing appeals and resolving disputes related to RTI applications.
3. RTI Act Amendment:
- The Digital Personal Data Protection Act, of 2023, amended the RTI Act.
- It changed the prohibition on disclosing personal data from qualified to the total.
- NCPRI opposed this change, as it hinders social audits and may protect powerful officials.
- The Right to Information (Amendment) Act, of 2019, gave Union Government unilateral power over information commissioners' tenure and salaries.
- This raised concerns about their independence and effectiveness.
4. Undermining the RTI Act:
Dependence on Subordinate Rules:
- The RTI Act's effectiveness relies on subordinate rules set by Union and State Governments.
- States have autonomy in determining payment methods for RTI applications, causing disparities.
Payment Method Variations
- Inconsistencies exist in payment methods across states.
- Example: Tamil Nadu doesn't accept Indian Postal Orders (IPOs), a convenient payment method.
- Court fee stamps and demand drafts may be less accessible and burdensome alternatives.
Tardy Appointments to Information Commissions
- Delays in appointing members to Information Commissions, like the Central Information Commission (CIC) and State Information Commissions (SICs), erode confidence.
- Appeals can languish for months or years without resolution.
- Jharkhand SIC, for instance, lacked commissioners since May 2020, rendering the appeals process ineffective.
5. Online RTIs:
- Online RTI applications ease accessibility by eliminating the need for uncommon financial instruments.
- Payment via UPI simplifies the process.
- Many Indian states lack online RTI portals, limiting access for citizens.
- Even when available, some state government bodies may not be registered on these portals.
- The Union Government's RTI portal, launched in 2013, faces usability issues.
- Account creation, which streamlined the application process, has been removed.
- Users must now enter personal details for each application.
- Past applicant data has experienced glitches, with applications disappearing and later being restored.
6. Challenges and Dissatisfaction:
- Dissatisfaction with the RTI Act's effectiveness is increasing at a fundamental level.
- More first appeals are being filed, indicating public dissatisfaction with the information provided by public officials.
- The RTI Act faces structural problems related to institutions and websites.
- These issues hinder citizens' ability to conveniently access information and file requests.
- Activists highlight that the weakening of the RTI Act isn't limited to changes in the law's text.
- It stems from various government institutions' ways of discharging duties, narrowing avenues for information access, and understaffed appellate bodies.
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For Prelims: Right to Information Act, 2005, Central Information Commission (CIC), State Information Commissions (SICs), Indian Postal Orders (IPOs), Digital Personal Data Protection Act, of 2023.
For Mains: 1. Examine the impact of recent amendments to the Right to Information (RTI) Act on its core principles of transparency and accountability. How can the Act strike a balance between protecting sensitive information and ensuring citizens' access to government-held data?
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Previous year Question1. Which of the following is related to the Right to Information Act, of 2005? (UPPSC 2015)
A. Lily Thomas v/s Union of India
B. Nandini Sundar v/s State of Chhattisgarh
C. Namit Sharma v/s Union of India
D. None of the above
Answer: C
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Source: The Hindu
COMPETITION COMMISSION OF INDIA
1. Context
Meta had challenged the Competition Commission of India’s (CCI) directive issued in November that imposed a ban on data sharing between WhatsApp and other Meta entities for advertising purposes, warning it may have to roll back some features. Meta also criticised the CCI for not having the “technical expertise” to understand the ramifications of its order
2. Competition Commission of India
- The Competition Commission of India (CCI) is a regulatory authority established in India to promote and protect fair competition in the marketplace.
- It was established under the Competition Act, 2002, and became fully functional in 2009.
- The primary objective of the CCI is to prevent anti-competitive practices, ensure a level playing field for businesses, and promote consumer welfare
- The Competition Commission of India (within the Ministry of Corporate Affairs) has been established to enforce the competition law under the Competition Act, 2002.
- It should be noted that on the recommendations of Raghavan committee, the Monopolies and Restrictive Trade Practices Act, 1969 (MRTP Act) was repealed and replaced by the Competition Act, 2002
- The Commission consists of a Chairperson and not more than 6 Members appointed by the Central Government
- It is the statutory duty of the Commission to eliminate practices having an adverse effect on competition, promote and sustain competition, protect the interests of consumers and ensure freedom of trade carried on by other participants, in markets in India as provided in the Preamble as well as Section 18 of the Act.
- The Commission is also mandated to give its opinion on competition issues to government or statutory authority and to undertake competition advocacy for creating awareness of competition law.
- Advocacy is at the core of effective competition regulation. Competition Commission of India (CCI), which has been entrusted with implementation of law, has always believed in complementing robust enforcement with facilitative advocacy. It is a quasi-judicial body.
3. Key functions and responsibilities
Here are some key functions and responsibilities of the Competition Commission of India:
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Competition Advocacy: The CCI engages in advocacy and education activities to promote competition awareness among businesses, government agencies, and the public.
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Antitrust Enforcement: The CCI investigates and takes action against anti-competitive agreements, abuse of dominance by companies, and anti-competitive mergers and acquisitions. It can impose penalties and remedies on entities found to be in violation of competition laws.
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Merger Control: The CCI reviews and approves or disapproves mergers, acquisitions, and combinations that may have an adverse impact on competition in the Indian market. It assesses whether these transactions are likely to cause a substantial lessening of competition.
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Market Studies and Research: The CCI conducts studies and research to understand market dynamics, competition issues, and emerging trends. This information helps in formulating policies and recommendations to improve competition.
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Competition Advocacy: The commission engages in advocacy efforts to promote competition principles and practices among businesses, government agencies, and the public.
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Consumer Protection: While primarily focused on promoting competition, the CCI also indirectly promotes consumer welfare by ensuring that markets remain competitive and that consumers have choices and access to fair prices.
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Regulation of Anti-Competitive Practices: The CCI addresses practices such as price-fixing, bid rigging, and abuse of market power that can harm competition and consumers.
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Legal Proceedings: The CCI has the authority to conduct investigations, hold hearings, and pass orders. Its decisions can be appealed to higher courts in India.
4. What is the Competition Act?
- The Competition Act, 2002, as amended by the Competition (Amendment) Act, 2007, follows the philosophy of modern competition laws.
- The Act prohibits anti-competitive agreements, and abuse of dominant position by enterprises and regulates combinations (acquisition, acquiring of control and M&A), which causes or likely to cause an appreciable adverse effect on competition within India
- In accordance with the provisions of the Amendment Act, the Competition Commission of India and the Competition Appellate Tribunal have been established
- The government of India replaced Competition Appellate Tribunal (COMPAT) with the National Company Law Appellate Tribunal (NCLAT) in 2017
- The provisions of the Competition Act relating to anti-competitive agreements and abuse of dominant position were notified on May 20, 2009
| Competition is the best means of ensuring that the ‘Common Man’ or ‘Aam Aadmi’ has access to the broadest range of goods and services at the most competitive prices. With increased competition, producers will have maximum incentive to innovate and specialize. This would result in reduced costs and wider choice to consumers. A fair competition in market is essential to achieve this objective. Our goal is to create and sustain fair competition in the economy that will provide a ‘level playing field’ to the producers and make the markets work for the welfare of the consumers |
5. What is Cartelisation?
Cartels can be difficult to define. According to CCI, a “Cartel includes an association of producers, sellers, distributors, traders or service providers who, by agreement amongst themselves, limit, control or attempt to control the production, distribution, sale or price of, or, trade in goods or provision of services”
The International Competition Network, which is a global body dedicated to enforcing competition law, has a simpler definition. The three common components of a cartel are:
- an agreement;
- between competitors;
- to restrict competition.
6. Way forward
CCI needs to revisit its definition of ‘relevant market’. In the age of digital world, defining relevant market has been a tough task for regulators world-wide. Technological developments like Web 3.0, AI, IoT, Blockchain and issues like data protection and privacy, search bias, platform neutrality, confidentiality, etc, have created a need for a robust competition law. Such a law should meet the demands of the technological era we live in.
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For Prelims: Statutory board, Constitutional body
For Mains: 1.Discuss the role and functions of the Competition Commission of India (CCI) in promoting and ensuring fair competition in the Indian market
2.Examine the challenges and limitations faced by the Competition Commission of India (CCI) in effectively regulating and promoting competition in the digital economy
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Previous year Questions
1. Competition Commission of India is which kind of body? (RSMSSB Sanganak 2018)
A. Statutory body
B. Constitutional.
C. Single Member
D. Private
Answer (A)
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Source: indianexpress
INDIANS AND H1-B
1. Context
Newly appointed US Secretary of State Marco Rubio raised the issue of “irregular immigration” in his very first meeting with External Affairs Minister S Jaishankar in Washington
2. What is H1-B Visa?
- The H-1B visa program for skilled workers was introduced in 1990. These visas are initially issued for three years but can be extended to a maximum of six years.
- Since 2004, the issuance of new H-1B visas has been capped at 85,000 annually, with 20,000 reserved specifically for foreign students who hold master’s degrees or higher from U.S. universities.
- This cap, however, does not apply to certain entities like universities, think tanks, and other non-profit research organizations, allowing additional visas to be issued beyond the limit.
- Applicants for H-1B visas must have a job offer from a U.S.-based sponsor, such as a company or institution. The U.S. government also grants extensions for individuals already working under H-1B visas.
- During the fiscal year 2023 (October 2022 to September 2023), over 386,000 H-1B applications were approved. This figure includes nearly 119,000 new visas and approximately 267,000 extensions.
- The total number of approvals in 2023 reflects a decline from over 474,000 in the previous fiscal year, 2022
3. Immigration in US
- Immigration remains one of the most divisive political topics in the United States. An October YouGov poll revealed that 14.6% of registered voters considered it the most critical issue in the upcoming election, a significant increase from just 2.1% in 2012.
- During election campaigns, much of the anti-immigration discourse centered on low-skilled labor migration. Beyond its inherent racial undertones, this narrative is driven by the perception that such immigration lowers wages and displaces jobs that might otherwise benefit the American working class.
- This demographic has long struggled with challenges like high unemployment, stagnant wages, inflation, a housing crisis, and other economic difficulties.
- Donald Trump effectively leveraged these concerns, pledging to improve conditions for the average American worker by restricting immigration.
- The current debate echoes many of the same themes as Trump’s rhetoric about Mexicans "stealing American jobs," though the focus has shifted to the immigration of skilled workers competing for higher-paying positions
4. Visa for Skilled Workers
Source: USCIS
- The H-1B visa program enables U.S. employers to hire foreign workers for roles requiring "a high level of skill" and "at least a bachelor’s degree," as outlined by the U.S. Department of Labor.
- Established in 1990, the program was designed to assist employers in filling roles that demand specialized skills not readily available within the U.S. workforce, allowing qualified foreign individuals to work temporarily in the United States.
- H-1B visas are typically issued for a maximum of six consecutive years. After this period, visa holders must either leave the U.S. for at least 12 months before returning or apply for permanent residency (a Green Card).
- Currently, the program has an annual limit of 65,000 new visas (the regular cap), with an additional 20,000 visas available for applicants holding master’s degrees or higher from U.S. universities. However, not all H-1B applications are subject to this cap, resulting in the total number of approved petitions often exceeding the cap.
- For example, in the fiscal year 2023, the United States Citizenship and Immigration Services (USCIS), under the Department of Homeland Security, approved 118,948 petitions for initial employment and 267,370 petitions for continuing employment.
- Certain applicants, such as those employed by higher education institutions, nonprofit organizations affiliated with such institutions, nonprofit research organizations, or government research entities, are exempt from the annual cap
5. Challenges
- Indian nationals are the primary beneficiaries of the H-1B visa program, consistently accounting for over 70% of all approved H-1B petitions annually since 2015, according to U.S. government data. Chinese nationals rank a distant second, making up 12-13% of approvals since 2018.
- This significant representation of Indian professionals has drawn the attention of nativist MAGA Republicans, who have extended their anti-immigration rhetoric from low-skilled labor migration by Mexicans and Central Americans to include Indian workers in the tech industry.
- Their argument revolves around the claim that the H-1B program, originally designed to attract exceptional global talent, is being exploited by tech companies to fill lower- to mid-level positions at wages much lower than those expected by American workers.
- While proponents like Elon Musk argue that H-1B visas address a "permanent shortage of excellent engineering talent," critics counter that the issue is not a lack of skilled American workers but that they are deemed "too expensive to hire" by tech firms.
- This critique is supported by data. An analysis of 60,000 H-1B approvals from USCIS in the 2023 fiscal year, conducted by Bloomberg, revealed that nearly 70% of Indian H-1B recipients earned annual salaries below $100,000.
- For comparison, the median salary for IT professionals in the U.S. was $104,420 in May 2023, as reported by the U.S. Bureau of Labor Statistics. Approximately 25% of H-1B approvals for Indian professionals fell within the $100,000 to $150,000 salary range, while only 5% exceeded $150,000
6. Way Forward
H-1B visas play a vital role in addressing the skills gap in the United States, with wages largely determined by market forces. Globally, Chinese and Indian professionals lead in STEM fields. According to data from the Center for Security and Emerging Technology (CSET) in 2020, China produced 3.57 million STEM graduates, and India followed with 2.55 million, far surpassing the United States, which had 820,000 STEM graduates
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For Prelims: H-1B visa, United States, U.S. Citizenship and Immigration Services, STEM fields, lottery system,
For Mains:
1. What are the implications of the new H-1B visa regime for US-India relations?
Discuss the measures can the Indian government take to support Indian IT workers affected by the new H-1B visa regime. (250 Words)
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Previous Year Questions
1. Consider the following statements: (UPSC 2019)
1. Coal sector was nationalized by the Government of India under Indira Gandhi.
2. Now, coal blocks are allocated on lottery basis.
3. Till recently, India imported coal to meet the shortages of domestic supply, but now India is self-sufficient in coal production.
Which of the statements given above is/are correct?
A. 1 only B. 2 and 3 only C. 3 only D. 1, 2 and 3
Answer: A
2. Which of the following statements about town planning in British India in early 19th century is/are correct? (UPSC CAPF 2018)
1. The funds for town improvement were also raised through public lotteries.
2. The threats of epidemics gave an impetus to town planning in the early decades of 19th century.
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
Answer: C
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Source: Indianexpress
QUAD
1. Context
US Secretary of State Marco Rubio held his first multilateral meeting on Tuesday as the foreign ministers of the Quad grouping – India, the US, Australia, and Japan – gathered in Washington DC and vowed to “strongly oppose any unilateral actions that seek to change the status quo by force or coercion”, a statement aimed at China’s assertive behaviour in the Indo-Pacific region.
2. Quadrilateral Security Dialogue (QUAD)
- The Quad, short for the Quadrilateral Security Dialogue, is a strategic forum comprising four major Indo-Pacific countries: the United States, Japan, India, and Australia.
- The Quad was initiated in 2007 but was relatively dormant for several years before experiencing a revival and increased prominence in recent times.
3. Objectives
- The Quad aims to promote a free, open, and inclusive Indo-Pacific region. Its core objectives include ensuring regional security, stability, and economic prosperity.
- It seeks to uphold the rules-based international order and address common challenges such as maritime security, infrastructure development, economic connectivity, and disaster response.
4. Member Countries
- United States: As a major Pacific power, the U.S. plays a central role in the Quad, emphasizing its commitment to the Indo-Pacific region's security and stability.
- Japan: Japan is a key member, contributing its economic and technological prowess, and advocating for a rules-based international order.
- India: India brings its strategic location and growing influence in the Indo-Pacific to the Quad, strengthening regional security cooperation.
- Australia: Australia is a significant player, contributing to maritime security efforts and championing economic development in the Indo-Pacific.
5. Meetings and Engagement
- The Quad holds regular meetings at various levels, including ministerial meetings and consultations among senior officials.
- It engages in dialogues on a wide range of regional and global issues, from security and defense to infrastructure development and technology cooperation.
Regional Implications:
- The Quad has been viewed as a response to China's rising influence in the Indo-Pacific. However, member countries emphasize that it is not an alliance against any specific country but rather a platform for cooperation on shared interests.
- Some view the Quad as a potential counterbalance to China's assertive behavior in the South China Sea and its Belt and Road Initiative (BRI) infrastructure projects.
Expanding Partnerships:
- The Quad has sought to expand its partnerships with other countries in the Indo-Pacific, including Southeast Asian nations. This approach reflects its commitment to inclusivity and regional engagement.
6. Significance of QUAD for India
The Quad holds significant importance for India due to several strategic, economic, and geopolitical reasons:
Countering Regional Challenges:
- The Quad provides India with a platform to collaborate with like-minded countries, such as the United States, Japan, and Australia, to address common regional challenges. These challenges include maritime security, territorial disputes, and economic concerns in the Indo-Pacific.
Strengthening Regional Security:
- As a member of the Quad, India gains access to enhanced security cooperation, intelligence sharing, and joint exercises. This bolsters its ability to protect its interests and contribute to regional stability in the face of security threats.
Balancing China's Influence:
- India views the Quad as a mechanism to balance China's growing influence in the Indo-Pacific. It helps deter aggressive actions and assertive behavior by China, particularly in areas like the South China Sea and the Indian Ocean region.
Economic Opportunities:
- The Quad promotes economic connectivity and infrastructure development in the Indo-Pacific. India can leverage these initiatives to enhance its trade, investment, and connectivity in the region, which is vital for its economic growth.
Strengthening Ties with Key Allies:
- The Quad allows India to deepen its strategic partnerships with key allies, such as the United States and Japan. These relationships have resulted in increased defense cooperation, technology sharing, and economic collaboration.
Regional Leadership Role:
- Participation in the Quad elevates India's status as a regional leader in the Indo-Pacific. It aligns with India's "Act East" policy, reinforcing its commitment to the stability and prosperity of the broader region.
7. Challenges
- China's Territorial Claims: China claims that it has historical ownership over nearly the entire region of the South China Sea, which gives it the right to manufacture islands. However, the International Court of Arbitration rejected the claim in 2016.
- China's Closeness to ASEAN: The ASEAN countries also have a well-knit relationship with China. The Regional Cooperation Economic Partnership (RCEP) is a recent example of China's increasing influence over ASEAN nations.
- Economic Power of China: Considering the economic might of China and the dependence of QUAD nations like Japan and Australia on China, the QUAD nations can not afford to have strained relations with it.
- Convergence among Quad Nations: The nations in the Quad grouping have different aspirations, and aims at balancing their own interest. Therefore, coherence in the vision of the Quad nation as a grouping is absent.
8. Way forward
The Quad represents a forum for strategic cooperation among four major Indo-Pacific nations, with a focus on regional security, economic development, and upholding the rules-based international order. Its evolving role in the region will likely be a subject of ongoing geopolitical interest and debate.
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For Prelims: Quadrilateral Security Dialogue (QUAD), South China Sea, Belt and Road Initiative (BRI), Indo-Pacific region, ASEAN, and Regional Cooperation Economic Partnership (RCEP).
For Mains: 1. Discuss the evolution, objectives, and geopolitical significance of the Quad (Quadrilateral Security Dialogue) in the context of the Indo-Pacific region. Analyze the challenges and opportunities it presents for the member countries, particularly India. (250 words).
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Source: The Indian Express
SUSTAINABLE DEVELOPMENT GOALS
1. Context
The Union Cabinet on Wednesday reviewed the progress under the National Health Mission (NHM) over the last three years and was informed that with significant progress towards achieving the Sustainable Development Goals (SDGs), India is on track to meet its health targets well ahead of the 2030 deadline
2. Background
- Seven years after the adoption of Sustainable Development Goals (SDG) halfway to the 2030 deadline the visionary promises of no poverty, zero hunger, good health and well-being, social justice and a rights-based, equitable and ecologically just world for all appear to be a distant dream.
- The Global People’s Assembly (GPA), organised by the Global Call to Action against Poverty (GCAP) during the 77th session of the United Nations General Assembly in September 2022, highlighted the fact that nations across the globe have failed to achieve both human security and climate change mitigation
- GPA voiced the concerns of 1,300 civil society participants from 127 countries representing diverse, excluded and marginalised people.
- The 2019 Social Progress Index, compiled by the United States-based non-profit Social Progress Imperative, ranked 149 countries’ social performance over the past five years. It forecast that at the current trends, the world will not meet the 2030 targets for SDGs until 2073 more than four decades past their target date
- It maintained that the biggest areas of underperformance are related to water and sanitation, nutrition, basic healthcare and shelter
3. Localising SDG's
- In Keonjhar district of Odisha, Out of 65 families in the village, multiple members of 45 families were affected by kidney ailments
- Occurrence of unnatural deaths at an average age of 45 has been a trend for the last several decades
- The residents blamed it on the quality of water they have to consume from the local sources
- Various government schemes for poverty alleviation, free housing, job guarantee and social security pension have failed to provide the villagers a secured and dignified life
- The Indian government’s endeavours towards localising the SDGs, which emphasises on aligning the local plans of the states and the Union territories with the SDGs scheme, seem to be quite promising
- However, they are still at a nascent stage and the result is yet to be reflected on the ground.
4. African Countries
- African countries are performing poorly in all aspects of SDGs, especially poverty, hunger, education, peace and justice
- The condition of people living in informal settlements in African countries like Kenya is miserable, Jane Anyango, director of Polycom, an organisation that works for women living in informal settlements, pointed out at the GPA
- The residents who already suffer scarcity of drinking water had a hard time maintaining hand hygiene
- Many people died of COVID-19 because they could not afford protective measures and medical facilities, she elaborated
- People in Kenya are losing hope and cases of suicide are shooting up in the current drought situation
5. Vaccine inequality
- Vaccine inequality between the countries of global South and Global North in the context of the COVID-19 pandemic is a serious matter of concern, pointed out people’s representatives at the GPA
- Countries like Haiti, Madagascar and Nigeria had never heard of life saving antivirals for COVID despite being accessible widely in the global north, said Dr Fifa Rahman, civil society representative of the Access to COVID-19 Tools (ACT) Accelerator
- ACT-Accelerator is a global collaboration to accelerate development, production, and equitable access to COVID-19 tests, treatments, and vaccines
- The GPA urged the nations to establish a global roadmap for vaccine equality to ensure free and universal access to all vaccines and treatments, prioritising the most marginalized countries, people and communities to ensure that No One is Left Behind
6. Countries Catalysing the Climate Actions
- Apart from the pandemic and human rights crises, the world is also faced with a climate crisis. Most nations have done “too little, too late” towards achieving SDG 13 (climate action)
- Developing countries like India and Kenya as well as industrialised countries like the European Union, the United Kingdom and South Africa are on track to achieving goals associated with limiting global warming to 1.5-2 degrees Celsius over pre-industrial levels
- However, developed countries like the US, Japan and Canada are lagging behind the target
- #FridaysForFuture is a youth-led global movement joined by thousands on the streets of New York on Fridays to put pressure on the leaders to catalyse climate actions to secure a peaceful, clean and green planet for the future
- The global- and national-level planning to achieve SDGs must incorporate the points of the declaration prepared by GPA
- It has galvanised the voices of the most marginalised communities and focused on issues like vaccine equality, democracy and human rights, gender equity, needs to meet Paris Climate Agreement as well as debt and economic justice
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For Prelims: Sustainable Development Goals (SDGs), Paris Climate Agreement, ACT-accelerator
For Mains:
1. Sustainable development does not stop at the Sustainability of the environment. It also requires sustainability of economic and Social Systems. Comment (250 Words)
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Previous year Questions:
1. Consider the following statements
1. The Sustainable Development Goals were first proposed in 1972 by a global think tank called the 'Club of Rome
2. Sustainable Development goals has to be achieved by the year 2030
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
Answer (B)
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Source: DowToEarth
INDUS WATER TREATY
1. Context
The Neutral Expert appointed by the World Bank under the terms of the Indus Waters Treaty (IWT) has decided that he is “competent” to adjudicate on the differences between India and Pakistan regarding the design of two hydroelectric projects in Jammu and Kashmir, vindicating New Delhi’s long-held position.
2. The dispute over the hydel projects
- The notice appears to be a fallout of a longstanding dispute over two hydroelectric power projects that India is constructing one on the Kishanganga river, a tributary of Jhelum and the other on the Chenab.
- Pakistan has raised objections to these projects and dispute resolution mechanisms under the Treaty have been invoked multiple times. But a full resolution has not been reached.
- In 2015, Pakistan asked that a Neutral Expert should be appointed to examine its technical objections to the Kishanganga and Ratle HEPs.
- But the following year, Pakistan unilaterally retracted this request and proposed that a Court of Arbitration should adjudicate its objections.
- In August 2016, Pakistan approached the World Bank, which brokered the 1960 Treaty, seeking the constitution of a Court of Arbitration under the relevant dispute redressal provisions of the Treaty.
| Instead of responding to Pakistan's request for a Court of Arbitration, India moved a separate application asking for the appointment of a Neutral Expert, which is a lower level of dispute resolution provided in the Treaty. |
- India argued that Pakistan's request for a Court of Arbitration violated the graded mechanism of dispute resolution in the Treaty.
- In between, a significant event happened that had consequences for the Treaty.
- A Pakistan-backed terror attack on Uri in September 2016 prompted calls within India to walk out of the Indus Waters Treaty, which allows a significantly bigger share of the six river glasses of water to Pakistan.
- The Prime Minister had famously said that blood and water could not flow together and India has suspended routine bi-annual talks between the Indus Commissioners of the two countries.
3. Applications moved by Pakistan and India
- The World Bank, the third party to the Treaty and the acknowledged arbiter of disputes were, meanwhile faced with a unique situation of having received two separate requests for the same dispute.
- New Delhi feels that the World Bank is just a facilitator and has a limited role.
- On December 12, 2016, the World Bank announced a "pause" in the separate processes initiated by India and Pakistan under the Indus Waters Treaty to allow the two countries to consider alternative ways to resolve their disagreements.
- The regular meetings of Indus Waters Commissioners resumed in 2017 and India tried to use these to find mutually agreeable solutions between 2017 and 2022.
- Pakistan refused to discuss these issues at these meetings.
- At Pakistan's continued insistence, the World Bank, in March last year, initiated actions on the requests of both India and Pakistan.
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On March 31, 2022, the World Bank decided to resume the process of appointing a Neutral Expert and a Chairman for the Court of Arbitration.
In October last year, the Bank named Michel Lino as the Neutral Expert and Prof. Sean Murphy as Chairman of the Court of Arbitration.
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- They will carry out their duties in their capacity as subject matter experts and independently of any other appointments they may currently hold.
- On October 19, 2022, the Ministry of External Affairs said, " We have noted the World Bank's announcement to concurrently appoint a Neutral Expert and a Chair of the Court of Arbitration in the ongoing matter related to the Kishanganga and Ratle projects".
- Recognising the World Bank's admission in its announcement that "carrying out two processes concurrently poses practical and legal challenges".
- India would assess the matter that "India believes that the implementation of the Indus Water Treaty must be in the letter and spirit of the Treaty".
- Such parallel consideration of the same issues is not provided for in any provisions of the Treaty and India has been repeatedly citing the possibility of the two processes delivering contradictory rulings, which could lead to an unprecedented and legally untenable situation, which is unforeseen in Treaty provisions.
4. Dispute redressal mechanism
- The dispute redressal mechanism provided under Article IX of the IWT is graded.
- It's a 3-level mechanism.
- So, whenever India plans to start a project, under the Indus Water Treaty, it has to inform Pakistan that it is planning to build a project.
- Pakistan might oppose it and ask for more details. That would mean there is a question and in case there is a question, that question has to be clarified between the two sides at the level of the Indus Commissioners.
- If that difference is not resolved by them, then the level is raised. The question then becomes a difference.
- That difference is to be resolved by another set mechanism, which is the Natural Expert.
- It is at this stage that the World Bank comes into the picture.
- In case the Neutral Expert says that they are not able to resolve the difference or that the issue needs an interpretation of the Treaty, then that difference becomes a dispute.
It then goes to the third stage the Court of Arbitration. - To Sum up, it's a very graded and sequential mechanism first Commissioner, then the Neutral Expert and only then the Court of Arbitration.
5. India's notice and its implications
- While the immediate provocation for the modification is to address the issue of two parallel mechanisms, at this point, the implications of India's notice for modifying the treaty are not very clear.
- Article XII (3) of the Treaty that India has invoked is not a dispute redressal mechanism.
- It is in effect, a provision to amend the Treaty.
- However, an amendment or modification can happen only through a "duly ratified Treaty concluded for that purpose between the two governments".
- Pakistan is under no obligation to agree to India's proposal.
- As of now, it is not clear what happens if Pakistan does not respond to India's notice within 90 days.
| The next provision in the Treaty, Article XII (4), provides for the termination of the Treaty through a similar process " a duly ratified Treaty concluded for that the purpose between the two governments". |
- India has not spelt out exactly what it wants to be modified in the Treaty.
- But over the last few years, especially since the Uri attack, there has been a growing demand in India to use the Indus Waters Treaty as a strategic tool, considering that India has the natural advantage of being the upper riparian state.
- India has not fully utilized its rights over the waters of the three east-flowing rivers Ravi, Beas and Sutlej over which India has full control under the Treaty.
It has also not adequately utilized the limited rights over the three west-flowing rivers Indus, Chenab and Jhelum which are meant for Pakistan. - Following the Uri attack, India established a high-level task force to exploit the full potential of the Indus Waters Treaty.
- Accordingly, India has been working to start several big and small hydroelectric projects that had either been stalled or were in the planning stages.
For Prelims & Mains
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For Prelims: Indus water treaty, World Bank, India and Pakistan, Ravi, Jhelum, Sutlej, Beas, Chennab, Court of Arbitration, Uri attack, Neutral Expert, hydel projects,
For Mains:
1. What is Indus Water Treaty and discuss India's recent notice and its implications (250 Words)
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Source: The Indian Express
