FREE TRADE AGREEMENT
1. Context
The Ministry of External Affairs announced that Prime Minister Narendra Modi and the visiting Emir, Sheikh Tamim Bin Hamad Al-Thani, discussed multiple issues, including the ongoing Israel-Palestine conflict in the Gaza Strip. Both sides are also exploring the possibility of finalising a Free Trade Agreement (FTA)
2. About the Free Trade Agreement
- A Free Trade Agreement (FTA) is an agreement between two or more countries to reduce or eliminate barriers to trade, such as tariffs, quotas, and subsidies.
- FTAs can also include provisions on other issues, such as investment, intellectual property, and labour standards.
- The goal of an FTA is to promote trade and economic growth between the signatory countries.
- By reducing or eliminating trade barriers, FTAs can make it easier for businesses to export their goods and services to other countries, which can lead to increased production, employment, and innovation.
3. Types of Free Trade Agreement
- Bilateral Free Trade Agreement (BFTA) involves two countries, aiming to promote trade and eliminate tariffs on goods and services between them. It establishes a direct trade relationship, allowing for a more focused and tailored agreement between the two nations.
- Multilateral Free Trade Agreement (MFTA) Involving three or more countries, an MFTA seeks to create a comprehensive trade bloc, promoting economic integration on a larger scale. It requires coordination among multiple parties, addressing diverse economic interests and fostering a broader regional economic landscape.
- Regional Free Trade Agreement (RFTA) involves countries within a specific geographic region, aiming to enhance economic cooperation and integration within that particular area. It focuses on addressing regional economic challenges and fostering collaboration among neighbouring nations.
- Preferential Trade Agreement (PTA) involves a reciprocal reduction of tariffs and trade barriers between participating countries, granting preferential treatment to each other's goods and services. It allows countries to enjoy trading advantages with specific partners while maintaining autonomy in their trade policies with non-participating nations.
- Comprehensive Economic Partnership Agreement (CEPA) is a broad and advanced form of FTA that goes beyond traditional trade barriers, encompassing various economic aspects such as investment, intellectual property, and services. It aims for a more comprehensive economic partnership, encouraging deeper integration and collaboration between participating countries.
- Customs Union While not strictly an FTA, a Customs Union involves the elimination of tariffs among member countries and the establishment of a common external tariff against non-member nations. It goes beyond standard FTAs by harmonizing external trade policies, creating a unified approach to trade with the rest of the world.
- Free Trade Area (FTA) with Trade in Goods (TIG) and Trade in Services (TIS): Some FTAs specifically emphasize either trade in goods or trade in services, tailoring the agreement to the specific economic strengths and priorities of the participating countries. This approach allows nations to focus on areas where they have a comparative advantage, fostering specialization and efficiency.
4. India's Free Trade Agreements
India is a member of several free trade agreements (FTAs) and is currently negotiating others. India's FTAs have helped to reduce trade barriers and promote trade and economic growth. They have also helped to attract foreign investment and create jobs.
- The South Asian Free Trade Agreement (SAFTA) was signed in 1995 by the seven countries of the South Asian Association for Regional Cooperation (SAARC). SAFTA aims to reduce or eliminate tariffs on trade between the member countries.
- The India-Bangladesh FTA was signed in 2010 and came into force in 2011. It is a comprehensive FTA that covers goods, services, and investments.
- The India-Sri Lanka FTA was signed in 1999 and came into force in 2000. It is a comprehensive FTA that covers goods, services, and investments.
- The India-ASEAN Free Trade Agreement was signed in 2002 and came into force in 2010. It is a comprehensive FTA that covers goods, services, and investments.
- The India-Korea Comprehensive Economic Partnership Agreement (CEPA) was signed in 2010 and came into force in 2011. It is a comprehensive FTA that covers goods, services, and investments.
- The India-Japan Comprehensive Economic Partnership Agreement(CEPA) was signed in 2022 and came into effect in 2023. It is a comprehensive FTA that covers goods, services, and investments.
- The India-UAE Comprehensive Partnership Agreement (CEPA) was signed in 2022 and came into effect in 2022. It is a comprehensive FTA that covers goods, services, and investments.
- The India-Australia Economic Cooperation and Trade Agreement (ECTA) was signed in 2022 and came into effect in 2022. It is a comprehensive FTA that covers goods, services, and investments.
- The India-Malaysia Comprehensive Economic Cooperation Agreement (CECA) was signed in 2010 and aims to enhance economic ties by addressing trade in goods and services, as well as investment and other areas of economic cooperation.
- The India-Thailand Free Trade Agreement was signed in 2003 and focuses on reducing tariffs and promoting trade in goods and services between India and Thailand.
- The India-Singapore Comprehensive Economic Cooperation Agreement (CECA) has been operational since 2005, this agreement covers trade in goods and services, as well as investment and intellectual property.
- The India-Nepal Trade Treaty While not a comprehensive FTA, India and Nepal have a trade treaty that facilitates the exchange of goods between the two countries.
- The India-Chile Preferential Trade Agreement was signed in 2006 and aims to enhance economic cooperation and reduce tariffs on certain products traded between India and Chile.
5. India - UK Free Trade Agreement
5.1. Background
- Both countries have agreed to avoid sensitive issues in the negotiations.
- The interim (early harvest agreement) aims to achieve up to 65 per cent coverage for goods and up to 40 per cent coverage for services.
- By the time the final agreement is inked, the coverage for goods is expected to go up to "90 plus a percentage" of goods.
- India is also negotiating a similar early harvest agreement with Australia, which is supposed to set the stage for a long-pending Comprehensive Economic Cooperation Agreement that both countries have been pursuing for nearly a decade.
- While the commencement of negotiations does mark a step forward in the otherwise rigid stance adopted and when it comes to trade liberalisation, experts point to impediments and the potential for legal challenges going ahead.
5.2. GATT (General Agreement on Trade and Tariffs)
- The exception to the rule is full-scale FTAs, subject to some conditions.
- One rider, incorporated in Article XXIV.8 (b) of GATT, stipulates that a deal should aim to eliminate customs duties and other trade barriers on "Substantially all the trade" between the WTO member countries that are signatories to an FTA.
- For this Agreement, a free-trade area shall be understood to mean a group of two or more customs territories in which the duties and other restrictive regulations of commerce are eliminated on substantially all the trade between the constituent territories in products originating in such territories.
- It is often beneficial to negotiate the entire deal together, as an early harvest deal may reduce the incentive for one side to work towards a full FTA.
- These agreements are not just about goods and services but also issues like investment.
- If you are trying to weigh the costs and benefits, it is always better to have the larger picture in front of you.
- In the case of the early harvest agreement inked with Thailand, automobile industry associations had complained that relaxations extended to Bangkok in the early harvest had reduced the incentive for Thailand to work towards a full FTA.
- Early harvest agreements may serve the function of keeping trading partners interested as they promise some benefits without long delays, as India becomes known for long-drawn negotiations for FTAs.
- Government emphasis on interim agreements may be tactical so that a deal may be achieved with minimum commitments and would allow for contentious issues to be resolved later.
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For Prelims: Free Trade Agreement, India-U.K, Bilateral Free Trade Agreement, G-20 Summit, Agenda 2030, Covid-19 Pandemic, SAARC, General Agreement on Trade and Tariffs, Comprehensive Economic Partnership Agreement, Multilateral Free Trade Agreement, Regional Free Trade Agreement, Preferential Trade Agreement, Customs Union,
For Mains:
1. Evaluate the potential impact of the India-UK FTA on the Indian economy, considering both positive and negative aspects (250 Words)
2. Critically evaluate the significance of Free Trade Agreements (FTAs) in promoting trade and economic growth, considering their potential benefits and drawbacks. (250 Words)
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Previous Year Questions
1. Consider the following countries:
1. Australia
2. Canada
3. China
4. India
5. Japan
6. USA
Which of the above are among the free-trade partners' of ASEAN? (UPSC 2018)
A. 1, 2, 4 and 5 B. 3, 4, 5 and 6 C. 1, 3, 4 and 5 D. 2, 3, 4 and 6
Answer: C
2. Increase in absolute and per capita real GNP do not connote a higher level of economic development, if (UPSC 2018) (a) Industrial output fails to keep pace with agricultural output. Answer: C 3. The SEZ Act, 2005 which came into effect in February 2006 has certain objectives. In this context, consider the following: (2010)
Which of the above are the objectives of this Act? (a) 1 and 2 only (b) 3 only (c) 2 and 3 only (d) 1, 2 and 3 Answer: A 4. A “closed economy” is an economy in which (UPSC 2011) (a) the money supply is fully controlled Answer: D 5. With reference to the “G20 Common Framework”, consider the following statements: (UPSC 2022)
1. It is an initiative endorsed by the G20 together with the Paris Club. 2. It is an initiative to support Low Income Countries with unsustainable debt. 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: C
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Source: The Hindu
LEADER OF OPPOSITION (LoP)
1. Context
The Leader of the Opposition (LoP) in the Lok Sabha, Rahul Gandhi, slammed the midnight appointment of Gyanesh Kumar as the new Chief Election Commissioner (CEC), calling it “discourteous and disrespectful” amid an ongoing Supreme Court challenge to the selection process and committee composition.
2. Who is Leader of Opposition?
- The Leader of the Opposition is the head of the largest party not in government in a parliamentary system. This person provides an alternative government and critiques government policies.
- They play a crucial role in maintaining checks and balances by leading the opposition's efforts to hold the government accountable.
- The position is recognized officially and often comes with certain privileges and responsibilities, such as attending important state functions and being involved in key parliamentary committees
- The Leader of the Opposition role was defined by the 1977 Act on Salary and Allowances. This person leads the largest opposition party in either the Lok Sabha or Rajya Sabha, recognized by the respective House's chair.
- They sit in the front row left of the Chair and partake in ceremonial duties, such as escorting the Speaker-elect.
- They represent the opposition in key government appointment committees and hold a rank equivalent to Union Cabinet Ministers and other high-ranking officials. Their main function is to voice the opposition's stance in the House
3. What are the roles and responsibilities of the leader of the opposition?
- The Leader of the Opposition occupies a front-row seat to the left of the Chair and holds certain ceremonial privileges, such as escorting the Speaker-elect and sitting in the front row during the President's address to Parliament.
- Their primary role is to articulate the opposition's views in the House. A 2012 parliamentary booklet describes the Leader of the Opposition in the Lok Sabha as akin to a "shadow Prime Minister," with a "shadow Cabinet" prepared to govern if necessary.
- This role is vital for the smooth functioning of parliamentary business, balancing governance and opposition
- The Leader of the Opposition serves as the opposition's representative on key committees led by the Prime Minister, involved in appointments for positions like the Director of CBI, Central Vigilance Commissioner, Chief Information Commissioner, and members of the National Human Rights Commission and Lokpal.
- From 2014 to 2019, as the Congress leader in the Lok Sabha, Kharge accused the government of attempting to exclude the opposition from the Lokpal selection process by arguing the absence of a designated Leader of the Opposition.
- In order of precedence, the Leaders of Opposition in Lok Sabha and Rajya Sabha come at No. 7, along with Union Cabinet Ministers, the National Security Advisor, the Principal Secretary to the PM, the Vice-Chairperson of the NITI Aayog, former PMs, and Chief Ministers
4.What is the significance of strong opposition to strengthening parliamentary democracy?
A strong opposition is crucial for strengthening parliamentary democracy as it ensures accountability, transparency, and effective governance. It challenges the government's policies, providing alternative viewpoints and solutions, which fosters robust debate and prevents the concentration of power. An active opposition scrutinizes legislative proposals, ensuring thorough review and improvement of laws. It also represents diverse interests and voices, contributing to more inclusive and representative decision-making. Ultimately, a strong opposition maintains the balance of power, enhancing the overall health and functioning of democracy
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For Prelims: Indian polity
For Mains: GS-II: Constitution and Polity
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Source: Indianexpress
MAHA KUMBH MELA
1. Context
The Uttar Pradesh government on said an unprecedented 55 crore devotees have taken a holy dip in the Triveni Sangam during the Maha Kumbh Mela
2. Mahakumbh mela in detail
- The Mahakumbh Mela is one of the largest and most revered religious gatherings in the world, celebrated with deep spiritual fervor by Hindus. Rooted in ancient mythology, this grand event takes place every 12 years at four sacred locations in India: Haridwar, Prayagraj (Allahabad), Ujjain, and Nasik, along the banks of the holy rivers Ganga, Yamuna, Saraswati (mythical), Godavari, and Shipra. Each of these cities hosts the Kumbh Mela on a rotating basis, with the Mahakumbh being the grandest of all, celebrated exclusively at Prayagraj
- The origins of the Kumbh Mela are deeply intertwined with Hindu mythology, particularly the legend of the Samudra Manthan or the churning of the ocean by the gods (Devas) and demons (Asuras).
- According to the tale, during this cosmic event, a pot (kumbh) containing the nectar of immortality (amrita) emerged. A fierce battle ensued, and as the gods tried to secure the pot, drops of nectar fell at four locations, sanctifying them forever. These locations are now the sites of the Kumbh Mela
- The Mahakumbh Mela is considered an unparalleled opportunity for spiritual purification. Millions of pilgrims, saints, and seers, often referred to as sadhus or naga sadhus (ascetics), gather to take a ritualistic dip in the holy rivers.
- It is believed that bathing in these sacred waters during the auspicious period washes away sins and grants liberation (moksha). The event also serves as a vibrant showcase of India’s rich cultural, spiritual, and religious traditions
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The Mahakumbh spans over several weeks and follows a strict astrological calendar, with specific dates deemed highly auspicious for bathing. The main highlights include:
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3. How does Mahakumbh Mela reflect the ethos of Indian civilization?
The Mahakumbh Mela is a profound reflection of the ethos of Indian civilization, embodying its spiritual depth, cultural diversity, and enduring traditions. As the world's largest religious gathering, it serves as a living testament to the principles and values that have shaped Indian society for millennia.
Here’s how it encapsulates the essence of Indian civilization:
- At its core, the Mahakumbh Mela highlights the Indian ethos of spirituality and the eternal quest for liberation (moksha). The belief in the purifying power of the sacred rivers and the ritual of bathing symbolizes the desire to cleanse one’s soul, transcend worldly attachments, and achieve salvation. This reflects the deep spiritual underpinnings of Indian civilization, where the pursuit of higher consciousness is a fundamental goal
- The Mela’s origins in the legend of the Samudra Manthan (churning of the ocean) embody the Indian tradition of weaving mythology into everyday life. This connection to divine stories fosters a sense of continuity with the past and reinforces the sacredness of specific places and practices. It demonstrates how mythology serves as a moral and philosophical guide in Indian civilization
- The Mahakumbh Mela brings together millions of people from diverse backgrounds, castes, and regions, showcasing the inclusivity that is central to Indian society. Regardless of social or economic status, all pilgrims are united by their shared faith and devotion, reflecting the civilization’s emphasis on equality before the divine
- Indian civilization values a harmonious balance between material and spiritual existence. The Mahakumbh Mela provides a platform where people temporarily renounce material comforts, focusing instead on spiritual growth through rituals, prayers, and discourses. This mirrors the Indian ideal of integrating spiritual practices into daily life
- The gathering of saints, scholars, and ascetics at the Mahakumbh Mela represents India’s age-old tradition of intellectual and spiritual discourse. These exchanges of ideas and teachings at the Mela highlight the civilization’s emphasis on the pursuit of knowledge, wisdom, and enlightenment
- The focus on the sacred rivers—Ganga, Yamuna, Saraswati, Godavari, and Shipra—reflects the Indian ethos of reverence for nature. These rivers are seen not just as physical entities but as life-giving forces and symbols of divinity, embodying the civilization’s holistic view of the environment
- The Mela’s continuity over thousands of years showcases the resilience and adaptability of Indian civilization. Despite changing political, social, and economic landscapes, the Mahakumbh Mela remains a thriving tradition, underscoring the civilization’s ability to preserve its core values while embracing change
4. What is Intangible Cultural Heritage (ICH)?
- In recent decades, the concept of "cultural heritage" has expanded significantly, largely due to initiatives developed by UNESCO. Cultural heritage now encompasses more than just monuments and collections of artifacts.
- It also includes living traditions and expressions passed down from ancestors to future generations, such as oral traditions, performing arts, social customs, rituals, festivals, and knowledge related to nature, the universe, or traditional craftsmanship.
- Despite its fragility, intangible cultural heritage plays a crucial role in preserving cultural diversity amid growing globalization. Gaining an understanding of the intangible cultural heritage of different communities fosters intercultural dialogue and promotes respect for diverse ways of life.
- The value of intangible cultural heritage lies not in the cultural expressions themselves, but in the wealth of knowledge and skills passed on through them from one generation to the next.
- This transfer of knowledge has social and economic significance for both minority and mainstream groups within a country, and it holds importance for both developing and developed nations
5.What is the Intangible Cultural Heritage of India?
India, with its rich and diverse cultural heritage, has an extensive list of Intangible Cultural Heritage (ICH) elements recognized for their importance in preserving the cultural identity of its various communities. These practices and traditions span the country’s vast geography and reflect its cultural diversity. Some prominent examples of ICH from India include:
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Kathakali (Kerala): A classical dance-drama form that integrates dance, music, and acting to tell stories from Hindu mythology. Its elaborate costumes, facial expressions, and dramatic storytelling are distinctive features.
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Ramlila (Across India): A theatrical performance of the life of Lord Rama, based on the Hindu epic Ramayana. This performance tradition is carried out during the festival of Dussehra.
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Yoga (Across India): An ancient practice combining physical postures, breathing techniques, meditation, and philosophy. It is widely practiced as a means of achieving mental, physical, and spiritual well-being.
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Vedic Chanting (Across India): The recitation of ancient Vedic scriptures in a specific rhythmic and melodic manner. It is an important spiritual practice, especially in Hindu rituals and ceremonies.
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Chhau Dance (Eastern India): A martial arts-based dance form from the regions of Bihar, Odisha, and West Bengal. It incorporates acrobatics and masks to depict mythological and historical themes.
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Madhubani Paintings (Bihar): A traditional form of painting known for its intricate patterns, vibrant colors, and depiction of themes from nature, mythology, and social life.
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Kolkata’s Durga Puja (West Bengal): One of the largest and most celebrated festivals in India, Durga Puja involves elaborate rituals, artistic displays, processions, and offerings to the goddess Durga. It is a living tradition that brings communities together.
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Pukka (Madhya Pradesh): A traditional system of medicine and healing practices in tribal areas of Madhya Pradesh, using indigenous knowledge of plants and herbs for health and well-being.
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Traditional Cuisine (Across India): Culinary traditions, such as the preparation of dishes like biryani, dosa, or khichdi, that carry deep cultural meaning and are unique to various regions and communities.
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Craftsmanship (Across India): Techniques such as handloom weaving, pottery, carpet-making, and embroidery that are integral to India’s craft traditions, passed down through generations.
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Kailash Mansarovar Pilgrimage (Uttarakhand): The spiritual and religious journey to Mount Kailash and Lake Mansarovar, which is central to various belief systems, including Hinduism, Buddhism, and Jainism.
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Wangala Dance (Meghalaya): A traditional dance performed by the Garo tribe to celebrate the harvest, featuring rhythmic drumming and colorful costumes.
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Ghoomar Dance (Rajasthan): A traditional folk dance that is performed by women in swirling movements, often during festivals and celebratory occasions.
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Pukka Dance (Sikkim): A unique traditional dance form from Sikkim that incorporates rich cultural expressions of the region’s diverse communities.
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Sufi Music and Whirling (Across India): The mystical Sufi tradition in India, particularly in places like Delhi, Hyderabad, and Ajmer, involves devotional singing, poetry, and the iconic whirling dance that represents the soul's union with the divine.
6. Challenges in organising the Kumbh Mela
- The Mahakumbh, the world’s largest gathering, will take place in Prayagraj this year from January 13 to February 26. It is anticipated that around 40 crore people will take part in this religious event.
- Spanning 4,000 hectares along the riverbank, the Maha Kumbh is expected to draw a crowd of at least 40 crore. The event will be organized with an estimated budget of approximately Rs 6,382 crore, of which over Rs 5,600 crore has already been allocated for the event and related projects. In comparison, the 2012 Maha Kumbh, held during the Samajwadi Party’s tenure, had a budget of Rs 1,152 crore and attracted nearly 12 crore visitors.
- The Ministry of Culture has implemented special cybersecurity measures to protect the large number of devotees attending from around the world. This includes the deployment of 56 cyber experts for patrolling, the establishment of a Maha Kumbh cyber police station to handle online threats, 40 Variable Messaging Displays (VMDs), and a dedicated helpline number.
- To assist with crowd management, monitor crowd density, report incidents, and maintain cleanliness, 2,300 CCTV cameras will be installed at the event site and throughout Prayagraj. Additionally, 99 temporary parking areas, covering 1,850 hectares, will be set up, along with over 1.45 lakh toilets across the mela area.
- One of the primary challenges, aside from managing the crowds, is the water channelization due to delayed rainfall and higher-than-usual Ganga river levels. To address this, IIT Kanpur has been enlisted for crowd control and security planning, while IIT Guwahati experts are focusing on river flow management.
- The state has also requested the railway ministry to increase train services to Prayagraj, especially during the Mauni Amavasya snan when a large number of visitors are expected. A source mentioned that, in 2019, around 500 special trains were used for the Ardh Kumbh, and this number is likely to rise to about 1,000. Nearly 300 trains are expected to operate around the Mauni Amavasya snan period
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For Prelims: Current events of national and international importance.
For Mains: General Studies I: Indian culture will cover the salient aspects of Art Forms, literature and Architecture from ancient to modern times
General Studies II: Government policies and interventions for development in various sectors and issues arising out of their design and implementation
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Previous year Questions 1.With reference to the religious history of India, consider the following statements: (2020)
Which of the statements given above is/are correct? (a) 1 and 2 only (b) 2 and 3 only (c) 3 only (d) 1, 2 and 3 2.With reference to Manipuri Sankirtana, consider the following statements: (2017)
Which of the statements given above is/are correct? (a) 1, 2 and 3 (b) 1 and 3 only (c) 2 and 3 only (d) 1 only 3.With reference to India’s culture and tradition, what is ‘Kalaripayattu’? (2014) (a) It is an ancient Bhakti cult of Shaivism still prevalent in some parts of South India (b) It is an ancient style bronze and brass work still found in the southern part of the Coromandel area (c) It is an ancient form of dance-drama and a living tradition in the northern part of Malabar (d) It is an ancient martial art and a living tradition in some parts of South India |
Source: Indianexpress
POCSO ACT
1. Context
A 58-year-old assistant headmaster of a government school in Pudukottai district was arrested on Monday under the Protection of Children from Sexual Offences (POCSO) Act on charges of sexually assaulting a few girl students of the school.
2. Development of Legislation Against Child Sexual Abuse in India
Constitutional Provisions and International Commitments
- The Constitution of India includes provisions to protect children's rights.
- India has ratified international instruments like the Convention on the Rights of the Child and the Protocol on the Sale of Children.
Lack of Dedicated Provision
- India lacked specific legislation addressing child sexual abuse.
- Cases were tried under various provisions of the Indian Penal Code, which were deemed insufficient.
Goa Incident and State-Level Response
- A child sexual abuse racket was exposed in Goa during the 1990s.
- The state government responded by enacting a law in 2003 to promote child rights.
Children's Code Bill, 2000
- The Special Expert Committee under Justice VR Krishna Iyer drafted the Children's Code Bill, presenting a comprehensive framework for child rights in India.
Draft Bill Addressing Offences Against Children
- In 2005, the Department of Women and Child Development prepared a draft bill to address different offenses targeted against children.
Study of Child Abuse Report (2007)
- Published by the Ministry of Women and Child Development.
- Covered 13 states with a sample size of 12,447 children, 2,324 young adults, and 2,449 stakeholders.
- Found that 50.76% of children surveyed reported experiencing one or more forms of sexual abuse.
- Boys reported a higher overall percentage of sexual abuse than girls, contrary to prevailing perceptions.
Protection of Children from Sexual Offences (POCSO) Bill, 2010
- In September 2010, the Ministry of Women and Child Development prepared a draft bill.
- After several revisions, it came into force as the POCSO Act on Children's Day (November 14, 2012).
3. Analysis of POCSO Act Trials and Case Characteristics
- Acquittals and Convictions: Analysis shows that 43.44% of trials under the POCSO Act end in acquittals, while only 14.03% end in convictions. For every one conviction, there are three acquittals, indicating a significant disparity.
- State-wise Disparity in Acquittals and Convictions: Acquittals are significantly higher than convictions in all states studied. Examples: In Andhra Pradesh, acquittals are seven times more than convictions, and in West Bengal, acquittals are five times more than convictions. Kerala has a relatively lower gap, with acquittals constituting 20.5% and convictions constituting 16.49% of total disposals.
- Relationship Between Victim and Accused: Out of 138 examined judgments, only 6% of cases involved accused who were strangers to the victim. In 44% of cases, the relationship between the victim and accused was unidentified. Known acquaintances constituted 22.9% of the accused, family members accounted for 3.7%, and cases with prior romantic relationships made up 18%.
- Age Distribution of Victims and Accused: Among the 138 cases studied, 5.47% of victims were under 10 years, 17.8% were between 10-15 years, and 28% were between 15-18 years. The age of the victim was unidentified in 48% of cases. Age details of accused individuals were not identified in 63.6% of cases. Identified age ranges of accused: 11.6% between 19-25 years, 10.9% between 25-35 years, 6.1% between 35-45 years, and 6.8% above 45 years.
- Offenses and Severity: Penetrative sexual assault (31.18%) and aggravated penetrative sexual assault (25.59%) collectively account for over half of all POCSO cases. These offenses carry the most stringent punishments under the POCSO Act.
4. Analysis of POCSO Case Disposal and Pendency
- Delayed Disposal: On average, it takes 509.78 days for a POCSO case to be disposed of, exceeding the one-year stipulated timeframe under the Act.
- Increase in Pending Cases: The pendency of POCSO cases had been gradually increasing over the years. Notably, there was a sharp rise in pending cases between 2019 and 2020, attributed to the impact of the COVID-19 pandemic.
- Reasons for Delay: Slow pace of police investigation and delays in depositing samples with Forensic Science Laboratories were identified as primary reasons for case delays.
- Transfers of Cases: 22.76% of cases were disposed of through transfers from one court to another. One-fifth of the cases in the dataset ended in transfers, indicating administrative mismanagement or wrongful appreciation of facts by the police.
- Increasing Transfer Trend: The percentage of transfers out of total disposals was around 8% in 2013 but rose to a little over 19% in 2019 and a concerning 42% in 2020. This trend is seen as problematic due to the time wasted as cases are transferred between courts.
5. POCSO Trials and Case Statistics in India
- Delhi's POCSO Trials and Case Length: Delhi has the highest number of POCSO trials in the country, with 13.54 cases per 100,000 population in 2018. However, Delhi also had the highest average case length in 2020, at 1,284.33 days.
- Average Time for Convictions: Chandigarh and West Bengal are the only states where the average time taken for convictions is within one year. States like Chhattisgarh, Haryana, Kerala, Sikkim, Chandigarh, and the NCT of Delhi have a higher reporting of POCSO cases.
- Districts with the Highest Number of POCSO Trials: The five districts with the highest number of POCSO trials (pending and disposed of) are Namchi (Sikkim), New Delhi, Central Delhi, Medak (Telangana), and West Garo Hills (Meghalaya).
- Pendency and Disposal Rates: Uttar Pradesh has the highest pendency, with 77.77% of the total POCSO cases filed between November 2012 and February 2021 pending. Tamil Nadu has the highest disposal percentage at 80.2%.
- Districts with Highest Pendency Percentages: The five districts with the highest pendency percentages include Lucknow, Hardoi, Budaun, and Allahabad in Uttar Pradesh and Howrah in West Bengal.
6. Gaps in Implementation
- Absence of Support Persons: According to the study, "support persons" are not appointed in most POCSO cases. The Supreme Court highlighted that in 96% of cases, victims were not provided with a support person.
- Role of support Persons: A support person can be an individual or organization working in child rights or protection, an official from a children's home or shelter home. or a staff member of the District Child Protection Unit (DCPU). Their role is to guide and support the victim throughout the legal process.
- Insufficient Designated POCSO Courts: The analysis reveals that not all districts have designated POCSO courts. As of 2022, 408 POCSO courts have been established in 28 states under the Government's Fast Track Special Court Scheme.
- Lack of Special Public Prosecutors: There is a shortage of special public prosecutors specifically appointed to handle POCSO cases. Even when appointed, they are often engaged in non-POCSO cases, leading to a lack of dedicated focus on POCSO matters.
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For Prelims: Protection of Children from Sexual Offences (POCSO), Convention on the Rights of the Child, and the Protocol on the Sale of Children, Children's Code Bill, 2000, Child Abuse Report (2007).
For Mains: 1. Critically analyze the findings of the analysis on convictions, acquittals, victim-accused relationships, and offense patterns in POCSO cases in India. (250 words).
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Previous year Question
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1. In India, the Protection of Children from Sexual Offences (POCSO) Act, ____ is a comprehensive law to provide for the protection of children from the offenses of sexual assault, sexual harassment, and pornography, while safeguarding the interests of the child. (SSC CGL 2021)
A.2012
B. 2006
C. 2010
D. 2008
Answer: A
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Source: The Indian Express
UNIFORM CIVIL CODE (UCC)
1. Context
Hearing a plea against the mandatory registration of live-in relationships under Uttarakhand’s new Uniform Civil Code (UCC), the Uttarakhand High Court has asked how this requirement can be considered an invasion of privacy when couples are “brazenly” living together without marriage
2. 22nd law commission on UCC
- Underlining that the Uniform Civil Code is “neither necessary nor desirable at this stage”, the 21st Law Commission of India, in 2018, argued for reform of family laws of every religion through amendments and codification of certain aspects so as to make them gender-just
- In its ‘Consultation Paper on Family Law Reforms’, the Law Commission took a stand in favour of “equality ‘within communities’ between men and women” (personal law reform), “rather than ‘equality between’ communities” (UCC)
- According to the 22nd Law Commission Cultural diversity cannot be compromised to the extent that our urge for uniformity itself becomes a reason for threat to the territorial integrity of the nation
- women must be guaranteed their freedom of faith without any compromise on their right to equality
3. What is the Uniform Civil Code
- A UCC would provide for one law for the entire country, applicable to all religious communities, in their personal matters such as marriage, divorce, inheritance, adoption etc
- Currently, Indian personal law is fairly complex, with each religion adhering to its own specific laws
- Separate laws govern Hindus including Sikhs, Jains and Buddhist, Muslims, Christians, and followers of other religions
- Moreover, there is diversity even within communities. All Hindus of the country are not governed by one law, nor are all Muslims or all Christians
- For instance, in the Northeast, there are more than 200 tribes with their own varied customary laws
- The Constitution itself protects local customs in Nagaland. Similar protections are enjoyed by Meghalaya and Mizoram. Even reformed Hindu law, in spite of codification, protects customary practices
- The exception to this rule is the state of Goa, where all religions have a common law regarding marriages, divorces, and adoption
4. Constitution on UCC
- Article 44 of the Constitution lays down that the state shall endeavour to secure a UCC for citizens throughout the territory of India
- Article 44 is among the Directive Principles of State Policy. Directive Principles are not enforceable by court, but are supposed to inform and guide governance
- However, in some senses, Article 44 is unique in this manner. While Article 44 uses the words “state shall endeavour”, other Articles in the ‘Directive Principles’ chapter use words such as “in particular strive”; “shall in particular direct its policy”; “shall be obligation of the state
- The phrase “by suitable legislation” is absent in Article 44. All this implies that the duty of the state is greater in other directive principles than in Article 44
5. Uniform Code for Personal Law
Article 25 lays down an individual’s fundamental right to religion; Article 26(b) upholds the right of each religious denomination or any section thereof to “manage its own affairs in matters of religion”
Article 29 defines the right to conserve distinctive culture
An individual’s freedom of religion under Article 25 is subject to “public order, health, morality” and other provisions relating to fundamental rights, but a group’s freedom under Article 26 has not been subjected to other fundamental rights
6. Way forward
Over the next 30 days, the Law Commission will receive views of the public and stakeholders
The notice said the stakeholders concerned are at liberty to make submissions in the form of consultation/discussion/working papers on any of the issues pertaining to the UCC to the Member Secretary, Law Commission of India
After reviewing the submissions, the Law Commission will again make observations/recommendations regarding a UCC, which may or may not differ from the previous Commission’s observations
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For Prelims: Unifrom Civil Code (UCC), DPSP, Fundamental rights, Law Commission
For Mains: 1. What is the Uniform Civil Code? What are the challenges in implementing a Uniform Civil Code in a diverse country like India?
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Previous Year Questions
Q1. Consider the following provisions under the Directive Principles of State Policy as enshrined in the Constitution of India: (2012)
Which of the above are the Gandhian Principles that are reflected in the Directive Principles of State Policy? (a) 1, 2 and 4 only Answer (b) 2. A legislation that confers on the executive or administrative authority an unguided and uncontrolled discretionary power in the matter of the application of law violates which one of the following Articles of the Constitution of India? Answer (a) Mains 1.Discuss the possible factors that inhibit India from enacting for its citizens a uniform civil code as provided for in the Directive Principles of State Policy. (2015) |
Source: indianexpress
PERIODIC LABOUR FORCE SURVEY (PLFS)
1. Context
The unemployment rate in urban areas of the country was 6.4% for the period of October to December in 2024 for persons of age 15 and above, says the Periodic Labour Force Survey (PLFS) released by the Statistics and Programme Implementation Ministry
2. About The Periodic Labour Force Survey (PLFS)
- The Periodic Labour Force Survey (PLFS) is a sample survey conducted by the National Sample Survey Office (NSSO) of India to provide information on the labour force and employment situation in the country.
- The survey is conducted annually in all the states and union territories of India.
- The PLFS provides data on various employment indicators, including the labour force participation rate (LFPR), unemployment rate (UR), worker population ratio (WPR), and employment by industry and occupation.
- The PLFS sheds light on the proportion of individuals seeking employment, the unemployment rate, gender disparities in employment and wages, and the sectoral distribution of workers.
- Additionally, it details the types of employment, such as casual labour, self-employment, and regular salaried jobs.
- This comprehensive data is crucial for understanding the dynamics of the Indian labour market and formulating effective employment strategies.
3. Data Collection Methods in PLFS
- The Periodic Labour Force Survey (PLFS) collects employment data using two methods: Usual Status (US) and Current Weekly Status (CWS).
- In the US method, respondents are asked to recall their employment details for the past year, while in the CWS method, they are asked to recall their employment details for the past week.
- The labour force estimate derived from the US method includes individuals who worked or were seeking/available for work for a significant portion of the past year, as well as those who worked for at least 30 days during the reference period.
- Conversely, the labour force estimate based on the CWS method encompasses those who worked for at least one hour or sought/were available for work for at least one hour on any day during the past week.
- The global trend has shifted towards a greater emphasis on CWS data due to the improved accuracy of recall for shorter reference periods.
4. Latest findings of the Report
Unemployment Rate (UER)
- The UER is often the most talked about metric in popular discourse. Simply put, it refers to the proportion of people who demanded work over the past year and failed to get it.
- As the data in Table 1 shows, for the population above 15 years of age, the UER has fallen significantly from 6.6% to 5.1% over the last year (that is, July to June cycle).
- Simply put, 5.1% of all the people above 15 years of age who demanded work failed to get one.
Labour Force Participation Rate (LFPR)
- The Unemployment Rate (UER) is calculated as a proportion of the population that is demanding work.
- However, this population also fluctuates for various reasons. The Labor Force Participation Rate (LFPR) is a measure of the total population demanding work, expressed as a proportion of the total population above 15 years of age.
- As seen in Table 1, India's LFPR, which had been gradually increasing, has experienced a significant surge in the past year.
- As of 2022-23, 54.6% of all Indians above the age of 15 were actively seeking employment.
LFPR for women
- This metric looks at LFPR among women to ascertain where the additional demand for jobs is coming from.
- The data shows that female LFPR has gone up over the years but there were two discrete step-ups one in 2019-20 (when India’s GDP growth rate had slowed down to less than 4% and this was before the Covid pandemic hit) and the second in 2022-23 when it rose to 31.6%.
Worker Population Rate
- Since the proportion of people demanding work (the LFPR) goes up and down and the percentage of those failing to get a job (the UER) is expressed as a proportion of the former, it can throw off analysis.
- As such, there is another way to look at the labour market: Worker Population Ratio (WPR).
- The WPR is the percentage of persons employed among the persons in the population.
- Thus, instead of looking at how many demand a job and how many fail to get it, the WPR simply gives a measure of how many people have a job as a proportion of the total population.
- This metric too has been going up and especially noteworthy are the two discrete
step-ups in 2019-20 and 2022-23.
WPR among women
This metric throws light on the WPR for women to understand what’s leading to the spike in overall WPR. Again, the WPR for women has been going up but two main spikes have been in 2019-20 and 2022-23.
Monthly earnings
The PLFS reports also provide a sense of how much people earn in different types of jobs.
While it is true that incomes have broadly gone up after falling during Covid the main takeaway from this data emerges when one compares how little have monthly incomes changed over the past 6 years, especially in the face of a sharp rise in inflation. To be sure, since late 2019, annual consumer inflation has always been above the RBI’s target of 4%.
Distribution of workers
To accurately make sense of more and more people working, it is important to know not just what they earn but also what kind of work they do. For this, we look at data collected over the usual status by PLFS. Table 3 alongside gives the details of the three main classifications: self-employment, casual labour (say a construction worker) and regular salaried job. Self-employed has two sub-categories:
(i) own account worker and employer and
(ii) unpaid helper in household enterprises.
The data shows that self-employment has risen and jobs in the other two categories have fallen in proportion. It is also noteworthy that self-employment among women is the key driver for this overall trend.
5. Key Trends in PLFS 2022-23
- Upon initial analysis, the Periodic Labour Force Survey (PLFS) for 2022-23 reveals several encouraging trends. The unemployment rate is on a downward trajectory, and both the Labor Force Participation Rate (LFPR) and Workforce Participation Rate (WPR) exhibit substantial increases. A particularly heartening development is the notable rise in the participation of women in the workforce. This suggests a positive correlation between economic recovery and the creation of more employment opportunities, especially for women.
- However, a closer examination of the nature and remuneration of these new jobs alters the understanding. The predominant trend is the emergence of jobs falling under the category of "self-employment." Typically, in a growing economy, businesses tend to hire more employees. Conversely, during economic challenges, individuals often transition from regular employment to "self-employed" status. This nuanced perspective prompts a reconsideration of the quality and sustainability of the employment being generated.
- Analyzing the trends among women across various metrics reveals an interesting dynamic. The data suggests that economic strains on household finances have led more women, previously outside the workforce, to join in. However, a noteworthy observation is the prevalence of women taking up roles as "unpaid helpers in household enterprises," highlighting a complex interplay between economic conditions and women's workforce participation.
- Furthermore, an examination of the sectoral landscape indicates a regressive shift in India's employment patterns. Notably, there has been an increase in the proportion of Indians employed in agriculture over the past year, while the numbers in manufacturing have witnessed a decline. This shift underscores the evolving economic dynamics and sectoral preferences shaping the employment scenario.
- In a thriving economy, one would expect an improvement in monthly incomes. However, the Indian scenario deviates from this expectation. Despite positive indicators in other areas, the data suggests that the overall economic boom is not translating into significant improvements in monthly incomes for individuals in India. This anomaly prompts a closer examination of the factors contributing to this divergence.
6. The WayForward
While there are positive signals in the headline indicators, a more nuanced analysis reveals complexities like job creation, women's participation dynamics, sectoral shifts, and income patterns. This holistic perspective is essential for a comprehensive understanding of the multifaceted impact of economic trends on the labour market in India.
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For Prelims: Periodic Labour Force Survey, National Sample Survey Office, labour force participation rate, worker population ratio
For Mains:
1. Examine the changing nature of employment in India, as reflected in the increasing share of self-employment and the declining proportion of regular salaried jobs. Discuss the implications of this shift for the quality and sustainability of employment. (250 Words)
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Previous Year Questions 1. Given below are two statements, one is labeled as Assertion (A) and the other as Reason (R). (UPPSC 2019)
Assertion (A): The labour force participation rate is falling sharply in recent years for females in India.
Reason (R): The decline in labour force participation rate is due to improved family income and an increase in education.
Select the correct answer from the codes given below:
Codes:
A. Both (A) and (R) are true and (R) is the correct explanation of (A)
B. Both (A) and (R) are true and (R) is not the correct explanation of (A)
C. (A) is true, but (R) is false
D. (A) is false, but (R) is true
2. Which of the following statements about the employment situation in India according to the periodic Labour Force Survey 2017-18 is/are correct? (UPSC CAPF 2020)
1. Construction sector gave employment to nearly one-tenth of the urban male workforce in India
2. Nearly one-fourth of urban female workers in India were working in the manufacturing sector
3. One-fourth of rural female workers in India were engaged in the agriculture sector
Select the correct answer using the code given below:
A. 2 only B. 1 and 2 only C. 1 and 3 only D. 1, 2 and 3
3. Disguised unemployment generally means (UPSC 2013)
(a) large number of people remain unemployed
4. Assertion (A): Workers - population ratio in India is low in contrast to that in developed countries. Reason (R): Rapid growth of population, low female worker population rate and omission of unpaid family workers lead to low worker-population ratio. Choose the correct answer: (Telangana Police SI Mains 2018) A. (A) is true, but (R) is false.
B. (A) is false, but (R) is true.
C. Both (A) and (R) are true, but (R) is not a correct explanation of (A).
D. Both (A) and (R) are true, but (R) is the correct explanation of (A).
Answers: 1-C, 2-B, 3-C, 4-D Mains1. Most of the unemployment in India is structural in nature. Examine the methodology adopted to compute unemployment in the country and suggest improvements. (UPSC 2023) |
Source: The Indian Express
