9 PM Daily Current Affairs Brief – March 29th, 2023

Mains Oriented Articles

GS PAPER - 2

Suspect moves: On changes to reservation policy in Karnataka

Source: The post is based on the article “Suspect moves: On changes to reservation policy in Karnataka” published in The Hindu on 29th March 2023.

Syllabus: GS – 2: mechanisms, laws, institutions and Bodies constituted for the protection and betterment of vulnerable sections.

Relevance: About the recent reservation policy of Karnataka.

News: The Karnataka government decided to scrap the 4% quota for Muslims within the Other Backward Classes (OBC) category and earmark an additional 2% each to the dominant Vokkaliga and Veerashaiva-Lingayat communities. This is reminiscent of the abrogation of the 5% quota for Muslims in Maharashtra in 2015.

Note: The Karnataka State Backward Classes Commission has not recommended for the withdrawal of reservations for Muslims.

What will be the impact of the decision?

a) The scrapping of reservations for Muslims, including their poorer members, will now have to compete with the general category for the 10% ‘Economically Weaker Sections’ quota, b) The move will be seen as discriminative and divisive against a minority group in the hope of garnering the support of the majority.

Read more: On reservation for women in politics

What are the constitutional provisions for reservation?

The Constitution does not allow reservation on the basis of religion alone. For example, there have been judicial verdicts striking down quotas for Muslims for not being backed by a proper study of the extent of backwardness in the community.

However, it is possible to extend reservation benefits to the backward sections among religious minorities identified on the basis of relevant criteria. For example, some States have been implementing reservations in educational institutions as well as public employment for Muslims by including them in the Backward Classes (BC) list.

In conclusion, major decisions, such as changing the reservation policy, in the run-up to elections may end up creating unwanted fires.

Read more: Supreme Court’s Judgment on EWS Reservation – Explained, pointwise

Healthcare in India has made great progress, but challenges remain

Source– The post is based on the article “Healthcare in India has made great progress, but challenges remain” published in “The Indian Express” on 28th March 2023.

Syllabus: GS2- Issues related to development and management of health

News- The article deals with challenges faced by the healthcare sector in India.

What are the achievements of India in healthcare?

In 2007, it was estimated that India would achieve a total fertility rate of 2.1 only by 2041. India has achieved this by 2020.

High maternal and infant mortality seemed very difficult to overcome in 2010. Ten years later, the latest NFHS-5 findings show that in BIMARU states, hospital deliveries have soared to 89 per cent.

What are the challenges faced by the healthcare sector in India?

Non-communicable diseases – Cardiovascular diseases, cancers, chronic respiratory diseases and diabetes are increasing. They all share four behavioural risk factors — an unhealthy diet, lack of physical activity and use of tobacco and alcohol.

‘India: Health of the nation’s states’ report estimated that the proportion of deaths due to non-communicable diseases has increased from around 38% in 1990 to 62% in 2016.

Obesity has increased from 19% to 23% between NFHS-4 and NFHS-5. Among Delhi’s citizens, 38 per cent were found to be obese, followed by Tamil Nadu and Kerala. This increases the risk of diabetes, hypertension, and CVD.

Inequalities in the state of infrastructure– Since 2018, governments at the Centre as well as the state are establishing health and wellness centres. But a 2022 report by the Centre for Community Medicine in AIIMS found huge variations between states.

Some northeastern states like Mizoram, Arunachal Pradesh and Nagaland were found to have better arrangements. The lowest proportions of primary health facilities were in Jharkhand, Karnataka and Uttar Pradesh.

Inequalities– In urban areas, the challenge is to bridge the gap in hospital services between large urban agglomerations and tier II and tier III cities.

A recent Lancet publication found that core health services are not uniform across state-run district hospitals. Just 16% of the district hospitals in Tamil Nadu offered all key services. In some states, it was just 1%. People have to bank on the private sector.

Large hospital chains like Apollo, Fortis  account for just 4-5% of the beds in the private sector. Standalone hospitals and nursing homes provide 95% of private hospital beds. They are unable to provide multi-specialty, tertiary and quaternary care.

Insurance and high expenditure on health– The other problems centre around low health insurance penetration and the very high personal outgo on healthcare. From 2018, the Ayushman Bharat insurance scheme for 10 crore poor families has been undertaken. Nearly 74% of Indians are either covered or eligible for health insurance coverage.

However, millions remain uninsured. Out-patient doctor consultation costs, diagnostics, and drugs account for around 50% of the total health expenditure.

It is, therefore, essential to provide insurance for the unorganised middle class and to include identified out-patient costs.

Use of Artificial Intelligence and digital technology– Use of AI for healthcare is welcome. But there are ethical and regulatory concerns related to it. A new dimension has made the regulation of healthcare even more compelling.

The entry of foreign firms should herald more legal sector reforms

Source: The post is based on the article “The entry of foreign firms should herald more legal sector reforms” published in Live Mint on 29^th March 2023.

Syllabus: GS 2 – Governance – Government policies and interventions for development in various sectors

Relevance: measures needed to bring legal reforms

News: The Bar Council of India (BCI) has allowed foreign lawyers and foreign law firms to practice and set up offices in India.

About the BCI decision to permit foreign lawyers

Read Here: Foreign lawyers, firms can operate in India: BCI

Foreign lawyers and firms will be allowed to practice on the principle of reciprocity. This means that the other country must also offer similar treatment to Indian lawyers and firms.

What are the advantages of allowing foreign firms in India?

The BCI Rules for Registration and Regulation of Foreign Lawyers and Foreign Law Firms in India, 2023, states that the standards and proficiency of Indian lawyers and firms are up to international standards.

Therefore, allowing foreign lawyers and firms will –a) help in the growth of the legal profession, b) generate employment and retainership opportunities, c) provide global exposure to Indian lawyers.

Read More: Global law, local practice – BCI’s move recognises India’s corporate globalisation

What other steps can be taken to bring legal reforms in the country?

Allow FDI in Indian law firms: As per the rules, persons not qualified to practice law in India are restricted from investing in a law firm. This makes Indian law firms to be dependent on the domestic capital from the lawyers.

Further, restricting FDI to the Indian legal firms will give the competitive advantage to foreign legal firms operating in India.

Hence, allowing FDI in legal sector will – a) allow Indian lawyers and law firms to raise foreign capital, b) benefit Indian legal sector through innovation and technology c) help local legal entrepreneurs create more startups.

Lift restrictions on solicitation and advertising: Indian legal professionals are barred from advertising their legal services because their services are considered to be in the public interest of securing justice. This makes commercialization of the legal profession undesirable.

However, in reality this profession is already commercialized. Lawyers and law firms are in the business of serving clients and charge fees for their services.

Therefore, lifting restriction on advertising the legal profession will – a) enable efficient price discovery in the legal market as lawyers or firms could reveal their fees and charges, b) price discovery would allow more individuals and firms to enter the legal market and lead to growth and lower service charge, c) encourage market players to conduct research and innovation that might offer superior services, as seen in advanced countries.

What is the way ahead?

India is set to reach a size of $5 trillion plus in a few years. This will increase the demand for quality legal services and better dispute resolution mechanisms are integral to a sound business environment and the ease of doing business.

Therefore, the BCI, law ministry, policymakers and other stakeholders must make policies that will lead to growth, development and innovation in the legal sector to better serve the interests of justice and the economy.

Healthcare in India has made great progress, but challenges remain

Source: The post is based on the article “Healthcare in India has made great progress, but challenges remain” published in The Indian Express on 29^th March 2023.

Syllabus: GS 2 – Issues Related to Healthcare

Relevance: challenges with healthcare

News: The article discusses the progress made in healthcare and associated challenges.

What are some of the progresses made in healthcare?

It was believed that India would achieve a total fertility rate of 2.1 only by 2041.

However, as per the recent National Family Health Survey (NFHS-5), India achieved it by 2020 and hospital deliveries even in the backward states have increased to 89 percent. However, challenges in healthcare still remain.

What are the challenges with healthcare in India?

Diseases: Cardiovascular diseases (CVDs), cancers, chronic respiratory diseases (CRDs) and diabetes are prevalent. These are caused by an unhealthy diet, lack of physical activity and use of tobacco and alcohol.

As per a report, the proportion of deaths due to non-communicable diseases (NCDs) has increased from around 38 percent in 1990 to 62 percent in 2016.

Obesity has increased from 19 per cent to 23 per cent between NFHS-4 and NFHS-5. This increases the risk of diabetes, hypertension, and CVD.

Infrastructure: The government is building primary healthcare by establishing health and wellness centres. However, as per a recent report, there is a huge variation between states.

For example, some states like Mizoram and Gujarat had better healthcare arrangements in their health centres while the situation was grim in Jharkhand and Uttar Pradesh.

Urban areas: The challenge in the urban areas lies in bridging the gap in hospital services between large urban agglomerations and tier II and tier III cities.

As per a Lancet report, the provision of core health services is not uniform across state-run district hospitals. 

For example, while only 16 percent of the district hospitals in Tamil Nadu offered all key services, it was just 1 per cent in Mizoram and UP.

Private hospitals: Private hospitals own two-thirds of the country’s hospital beds.

Large hospital like Apollo, Fortis, Max, account for just 4-5 percent of the beds while standalone hospitals and nursing homes provide 95 percent of private hospital beds. 

However, standalone hospitals and nursing homes are unable to provide multi-specialty, leave alone tertiary and quaternary care.

Therefore, there is a need to bridge the gap between services available in the metros and big cities and in districts. This can be done by making the centrally-run hospital and the district hospitals fully functional.

Health Insurance: Schemes such as the Ayushman Bharat, the Employees State Insurance (ESIC), and CGHS have covered nearly 74 percent of Indians.

However, millions remain uninsured. Out-patient doctor consultation costs, diagnostics, and drugs account for the 50 percent of out-of-pocket (OOP) personal expenditure.  

It is, therefore, essential to provide insurance for the unorganised middle class and to include identified out-patient costs.

Artificial Intelligence (AI) and digital technology: These would bring revolution in healthcare. However, ethical and regulatory concerns remain.

Due to this, Indian Council of Medical Research released guidelines for the lack of accountability for machine-made medical decisions. However, regulations are also needed for substandard institutions and for unqualified medical practitioners.

Execution of death penalty in India – Explained pointwise  

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Introduction  

The constitutionality of death by hanging as a mode of execution has been challenged in India’s Supreme Court. The petitioner has claimed that hanging is “cruel and barbarous” and there is a need for a more “humane, quick, and decent alternative.” The court has asked the government to provide data on less painful and socially acceptable methods of execution of death penalty. 

What is the present mode of execution of death penalty in India?

The present mode of execution of death penalty in India is hanging by the neck until the person is dead. This is carried out in jail by an executioner appointed by the government. The method used is the same as it was during British colonial rule, and there have been no changes to the mode of execution since then.  

Indian courts in 2022 awarded a record 165 death sentences, the highest in over two decades, according to the Annual Death Penalty Report published by Project 39A, an advocacy group with the National Law University, New Delhi. 

Note: The Supreme Court last addressed and upheld the constitutionality of hanging in September 1983, over four decades ago (Deena v. Union of India). The Law Commission of India recognised the constitutional impossibility of hanging death in its 2003 report (the 187th Report) and urged that India should consider utilising lethal injections instead.  

Read more: SC Bench seeks data on alternatives to hanging

What are the challenges in changing the mode of execution in death penalty cases?  

Must Read: The Supreme Court puts the spotlight on the mode of execution in death penalty cases

What are observations made by the Supreme Court of India on the execution of death penalty?  

Death sentence should be awarded only in the rarest of rare cases where the crime is brutal, heinous, and barbaric: For example, in the case of Nirbhaya gangrape and murder, the Supreme Court upheld the death penalty for the four convicts, stating that it was a “rarest of rare” case.  

The right to life is a fundamental right, and the courts should interpret the law in a manner that protects this right: In the case of Mohd. Arif Ashfaq v. The Registrar, Supreme Court of India, the Supreme Court commuted the death sentence of a man convicted of involvement in the 2000 Red Fort attack, stating that there was no direct evidence linking him to the crime and that his right to a fair trial had been violated.  

The courts should take into account mitigating factors such as age, mental illness, and socioeconomic background while deciding whether to award the death penalty: In the case of Santosh Kumar Satishbhushan Bariyar v. State of Maharashtra, the Supreme Court commuted the death sentence of a man convicted of murdering six members of a family, citing his young age and lack of criminal history.  

The execution of death sentences should be carried out in a humane manner, in accordance with established protocols and guidelines: In the case of Shatrughan Chauhan v. Union of India, the Supreme Court laid down guidelines for carrying out executions, including the requirement for a “dignified” and “professional” approach, and the provision of adequate medical facilities to the condemned prisoner.  

Importance of fair trial: In the case of M.A. Antony vs. State of Kerala (2001), the Court noted that a death sentence cannot be awarded on the basis of vague or general allegations and that the prosecution must prove the case beyond reasonable doubt.  

Need for judicial review: In the case of Bachan Singh vs. State of Punjab (1980), the Court held that the imposition of the death penalty must be subject to a rigorous process of judicial review, and that the courts must consider both the aggravating and mitigating circumstances of the case.  

Read more: Approach to death penalty: Why Supreme Court has decided to settle differences among judgments

What are the arguments in favour of execution of Death Penalty?  

Deterrent effect: The death penalty acts as a strong deterrent to would-be offenders by instilling fear of capital punishment in their minds.  

Retribution: Death penalty provides a sense of closure and retribution for the victim’s family and friends.  

Cost-effective: Death penalty is more cost-effective than life imprisonment because it eliminates the need for long-term incarceration.  

Justice: The death penalty is seen as a just punishment for heinous crimes such as murder, terrorism, and treason.  

Prevention of Recidivism: Executing convicted criminals ensures that they will never have the opportunity to commit more crimes in the future.  

Public Safety: Death penalty helps to maintain public safety by removing dangerous criminals from society.  

Respect for Law: The death penalty reinforces respect for the rule of law by demonstrating that serious crimes will not go unpunished.  

What are the arguments against the execution of Death Penalty?  

The risk of executing innocent people: There is always a risk of executing an innocent person, and this is an irreversible mistake. With the flaws in the justice system, wrongful convictions can happen, and innocent people can be sentenced to death.  

Does not deter crime: There is no conclusive evidence that the death penalty deters crime more effectively than long prison sentences. In fact, some studies have suggested that the death penalty may actually increase crime rates by brutalizing society.  

Discriminatory applications: The death penalty is applied disproportionately to people who are poor, mentally ill, or members of racial and ethnic minorities. This raises serious concerns about fairness and equal treatment under the law.  

Studies have shown that the death penalty is more likely to be awarded to those from lower socio-economic backgrounds and marginalized communities.

Arbitrary application: There is a lack of consistency in the application of the death penalty, with some convicts being sentenced to death for similar crimes while others receive lesser punishments.  

Expensive in India: The cost of a death penalty trial and subsequent appeals is much higher than the cost of keeping someone in prison for life. This is because of the complex legal procedures and the need for specialized lawyers and experts.  

Violates human rights: The death penalty is a violation of the right to life, as recognized by many international human rights treaties. It is also considered to be a cruel, inhuman, and degrading punishment.  

The possibility of rehabilitation: Some offenders, especially those who commit crimes when they are young, may be able to reform and lead productive lives. The death penalty denies these individuals the opportunity for rehabilitation and a second chance.  

The death penalty does not promote healing or closure: Some argue that the death penalty provides closure and healing for victims’ families, but studies have shown that it often does not. Instead, it can prolong the grieving process by keeping the case in the public eye for years, if not decades.  

The death penalty undermines the moral authority of the state: By taking a life, the state is sending a message that killing is an acceptable way to solve problems. This undermines the state’s moral authority and can contribute to a culture of violence.  

Effective alternatives exist: There are several alternatives to the death penalty, including life imprisonment without the possibility of parole, which are seen as more humane, cost-effective, and less prone to error.  

Overall, the arguments against the death penalty suggest that it is a flawed and ineffective system that should be abolished in favor of alternative forms of punishment that are more humane, equitable, and effective in reducing crime.  

Read more: The death penalty and humanising criminal justice

What should be done? 

Review the death penalty laws: India should consider reviewing its death penalty laws to ensure that they are in line with international human rights standards. For example, the law should provide for fair trial rights, prohibit the use of the death penalty against juvenile offenders and people with mental disabilities.  

Improve legal aid services: Legal aid services should be improved to ensure that people facing the death penalty have access to competent and effective legal representation. For example, legal aid lawyers should receive proper training and resources to represent their clients effectively.  

Address issues with the criminal justice system: India should take steps to address the systemic issues with its criminal justice system that contribute to wrongful convictions and unfair trials. For example, the police should be held accountable for fabricating evidence, and judges should be trained to identify and reject coerced confessions.  

Increase transparency: The government should increase transparency around the use of the death penalty. For example, the government should publish statistics on the use of the death penalty, including the number of people on death row and the number of executions carried out.  

Conduct a public debate: The Indian government should conduct a public debate on the use of the death penalty in the country. This would allow for a constructive dialogue on the issue, and could lead to the development of more effective and humane policies.

Read more: Abolition is the way: On the higher judiciary’s move on the death penalty

Sources: Indian Express, Times of India, and Death penalty India report

Syllabus: GS 2: Social Justice – mechanisms, laws, institutions and Bodies constituted for the protection and betterment of vulnerable sections.

GS PAPER - 3

RIP Sasha: India’s dream of its own cheetah population rests on her companions

Source: The post is based on the article “RIP Sasha: India’s dream of its own cheetah population rests on her companions” published in the Indian Express on 29th March 2023.

Syllabus: GS – 3: Environment and Bio-diversity Conservation.

Relevance: About Sasha’s death on India’s cheetah reintroduction project.

News: Sasha, one of the eight Namibian cheetahs translocated to Kuno National Park in Madhya Pradesh has died due to kidney infection. The infection is reportedly picked up while in captivity in Namibia.

About Sasha, Cheetah Reintroduction Project and Kuno National Park

Read here: Cheetah Sasha dies due to kidney ailment in Madhya Pradesh’s Kuno National Park

About Cheetah range countries

Cheetahs’ smaller, lighter Asiatic cousins once ranged across the swathe of land from the Indian subcontinent to the Arabian peninsula. They are now declared critically endangered, found only in Iran now. That too only 12 — nine males and three females — remain.

This is because of a) a decline in prey, b) loss of habitat and c) the rise in trophy hunting.

In India, the last three recorded cheetahs are believed to have been felled by Maharaja Ramanuj Pratap Singh Deo of Surguja in 1947.

What is the present state of India’s cheetah reintroduction project?

Captive cheetahs, like domestic cats, are known to be especially prone to kidney disease. On the other hand, kidney disease is rarely seen in their wild counterparts.  Among 8 cheetahs brought from Namibia, one male and one female have been released into the wild.

GDPs Without Borders – That even Japan is open now to immigration shows what mistakes other aging, rich countries are making

Source: The post is based on the article “GDPs Without Borders – That even Japan is open now to immigration shows what mistakes other aging, rich countries are making” published in The Times of India on 29th March 2023.

Syllabus: GS – 3: Employment.

Relevance: About global worker shortages and the role of the immigrant workforce.

News: The Japanese agriculturalists are now recruiting farm labour from across the Indian countryside. This is because Indians are willing to climb up Japanese mountains to cut and carry down Koyamaki (umbrella pines).

This is a win-win for both, as India has an overabundance of young farmers and the declining Japanese economy is facing worker shortages. Further, migrants also send money back to India.

How global nations are tackling worker shortages?

Many countries, like Japan, are having ageing populations. These countries are fully aware that expanding the immigrant workforce will expand their tax base, innovation, productivity, GDP et al.

IMF and others have also found that aggregate gains from the immigrant workforce can materialise very quickly.

What are the alternative methods tried by global nations to tackle worker shortages?

Efforts for raising national birth rates: This method is a complete failure. For example, in Japan itself, the population has changed little since 1991.

Create barriers to immigration: Rich countries’ that keep the barriers to immigration not only hurts the poorer origin countries but also the rich countries also.

Read more: Stopping the boats: On the U.K.’s new ‘Illegal Migration Law’

What needs to be done to facilitate a more immigrant workforce in future?

Countries like China and America’s futures will likely be scripted by their exceptional attractiveness to migrants. A full embrace of immigrant workers will cheer the global economy and create GDPs Without Borders.

Understanding the street dogs-human conflict

Source– The post is based on the article “Understanding the street dogs-human conflict” published in “The Hindu” on 28th March 2023.

Syllabus: GS3- Environment – Man- Animal Conflicts

Relevance– Issues related to stray animals

News– There is growing Intolerance against dogs and conflicts between humans and animals are increasing.

What are the reasons behind growing intolerance towards street dogs?

Resident Welfare Associations– They are often the instigators of violence. They do not have real power. Power demands that an enemy be identified. So, dogs living there peacefully become the target.

Animal instincts– Dogs get aggressive when they perceive a threat. They want to protect themselves or their litter from attacks if they are unwell or hungry.

They become aggressive if they are forcibly relocated, or have witnessed abuse and neglect.

Implementation of rules– The Animal Birth Control (Dogs) Rules of 2001 have been recommended by the WHO and the World Organisation for Animal Health as the only way to bring about a sustained decline in the dog population.

However, necessary measures have not been implemented by local authorities to manage the street dog population.

The lack of budget and infrastructure, the prevalence of corrupt and inefficient practices, and the absence of transparency and monitoring are the challenges in implementation.

Fascination for foreign breeds– It is responsible for bad treatment of native breeds. Business of Pet shops thrive due to it.

What are steps taken by the government to regulate foreign breeds?

In 2016, the Central government prohibited the import of pedigree dogs into India. In 2017, it notified Rules for strictly regulating dog breeders.

In 2018, following a recommendation by the Law Commission, the Pet Shop Rules were notified to prevent the trade of pedigree dogs.

What is the importance of street dogs?

If there is a vacuum created by killings of dogs, it will be occupied by a more inconvenient species, such as rats, mice, mongoose and cockroaches.

The London Plague of 1665 was a result of the killing of 2,50,000 dogs and cats. The mice population grew, and 70% of the human population was wiped out. A similar incident happened in Surat in the near past, when a plague scare was spread as a result of removing dogs.

What is the way forward to reduce the conflicts between humans and dogs?

The effective strategy would be the implementation of the ABC(Animal Birth Control) Programme by municipal bodies in accordance with the new ABC Rules of 2023.

A proactive approach would be to encourage the adoption of Indian dogs. If one person out of every 100 people adopts a dog from the street, there would be no dogs on the roads.

The native breeds of dogs should be promoted. Native dogs have better immune systems and make great pets.

The importance of people who look after native dogs on the streets has been recognised by our courts. In the new ABC Rules, community dog caregivers have been granted protection from harassment.

Reports of dog attacks must be tested on the benchmark of proof. Recently, it was reported that two children had been killed by dogs in Vasant Kunj in New Delhi. Still, it has not been proven.

A disturbing example of the normalisation of lawfare

Source– The post is based on the article “A disturbing example of the normalisation of lawfare” published in “The Hindu” on 25th  March 2023.

Syllabus: GS3- Polity – Parliament and State legislatures—structure, functioning, conduct of business

Relevance– Issues related to disqualification of representatives

News– Recently, Rahul Gandhi was disqualified from the membership of Lok Sabha after two year imprisonment in defamation case.

What are issues with the court judgement in the defamation case of Rahul Gandhi?

Legal reasoning– The complainant claimed that by virtue of his surname, he and all other people having surname “Modi” had been defamed by Mr. Gandhi’s remark.

The law of defamation is clear that if references are made to an indefinite “class” of people, an individual cannot claim that they are a member of that class. Therefore, they have been defamed.

For example, if I say that “all lawyers are thieves”, a lawyer cannot come to court and say that they have been defamed.

The “class of all persons in the world bearing the surname Modi” is a indefinite and indeterminate group.

Quantum of the sentence– Criminal defamation has a maximum penalty of two years’ imprisonment. This ‘maximum penalty’ is very rarely awarded. Defamation is a pure speech offence.

People should not be imprisoned for lengthy periods purely on the basis of their statement. There are almost no recorded instances of courts awarding the maximum sentence of two

years in a criminal defamation case.

The quantum of sentence was exactly that which was needed to attract an MP’s disqualification from Parliament. Indeed, immediately after the judgement, Mr. Gandhi was disqualified. At that point, the judgement had not even been translated.

Why disqualification proceedings against Rahul Gandhi is not good for India parliamentary democracy?

The disqualification proceedings are another example of delegitimizing the opponent. The Representation of the People Act provides for disqualification.

Disqualifying an elected member of a legislature is an extremely serious action in a parliamentary democracy. It leaves them without representation until a by-election is announced and the seat is filled.

For this reason, the Representation of the People Act kept a parliamentarian’s disqualification in abeyance until at least one appellate body could scrutinise the initial order of conviction.

Why striking down provisions related to the three month period given to the legislature for appeal in the Lily Thomas case affects the political process?

The Supreme Court reasoned that the convicted politician could always move the appellate court for a stay upon their conviction. However, this interpretation concentrates more power in the hands of courts when it comes to the political process.

The Lok Sabha Secretariat issued the disqualification order before the convicted individual’s lawyers moved for a stay. So, the protection the Court thought was available is not sufficient.

The Lily Thomas judgement is just one of many examples where the Supreme Court has intervened in the political process. It has made the delegitimization of opponents easier.

It is concerning because one crucial component of the legitimacy of courts is their reputation for impartiality between contending political forces.

Understanding the street dogs-human conflict

Source– The post is based on the article “Understanding the street dogs-human conflict” published in “The Hindu” on 29th March 2023.

Syllabus: GS3- Science and Technology. GS2- E-governance

Relevance– Issues related to regulation of digital space

News– The Digital Personal Data Protection (DPDP) Bill 2022 was proposed recently. It provides a framework to safeguard citizens’ information from misuse and unauthorised access.

What is the approach followed by the Digital Personal Data Protection Bill 2022?

The current draft of the Bill tries to tackle the issue of conflicting sectoral regulations. It states that the provisions of the Bill will complement and not create exemptions from existing regulations. But, in case of conflict, the Bill will take precedence.

The Bill raises concerns about sectoral regulations that may go beyond what the Bill provides.

What is the importance of sectoral expertise?

Data protection and privacy are highly dependent on context, including the type of data collected, how it is collected, the intended use and the associated risks. This makes sectoral expertise crucial to regulate effectively.

Sectoral expertise offers a deep understanding of a particular sector, including its market dynamics, technologies, risks and business models. It also enables regulators to engage with stakeholders and industry experts in a well informed and productive manner.

What are the major approaches adopted by the global community to regulate privacy and protect data?

They are comprehensive legislation and sector ­specific regulations.

Comprehensive approach– The European Union’s General Data Protection Regulation is the comprehensive approach.

The GDPR, despite being a comprehensive framework, has specific provisions for certain industries such as health care.

GDPR also permits EU Member States to implement measures which go beyond the provisions given in the GDPR. For example, Germany has stricter provisions compared to the GDPR.

The European Data Protection Board is made up of representatives from each EU member state’s data protection authority. It provides guidance on the implementation and interpretation of the GDPR, including sector specific issues.

Sectoral approach– The sectoral approach is followed in the United States. It is seen through laws such as the Health Insurance Portability and Accountability Act in health care, and the Gramm­Leach­Bliley Act  for the financial sector. It consists of regulations tailored to specific industries.

What are issues with the American sectoral approach to data protection?

There are issues related to inconsistent protection, problems in enforcement, overlapping and contradictory provisions, and a lack of federal regulation.

This creates confusion and coverage gaps for businesses. There is no centralised authority to enforce data protection laws. It leads to a lack of standardisation.

What is the way forward for regulation of data in India?

The GDPR model may not work for India as the The Data Protection Board is designed as a grievance agency, and not as a regulator.

The current draft of the Bill needs greater clarity and specificity regarding the interaction with sectoral regulations. There is a need to draw from our experience to find the right balance.

In India, we already have sectoral regulations regarding data protection such as the Reserve Bank of India’s directive on storage of payment data. These are the result of extensive industry consultations and expert input.

Neglecting these regulations and establishing a new framework would undermine the considerable effort invested in their creation. It will require the industry to readjust their

operations again at considerable cost.

The DPDP Bill  must serve as the minimum layer of protection, with sectoral regulators having the ability to build on these protections.

Data protection is a complex subject. There is a need to create room for sectoral experts to safeguard the interests of citizens more effectively.

Blended finance can fill investment gaps to meet SDGs

Source: This post is created based on the article “Blended finance can fill investment gaps to meet SDGs”, published in Live Mint on 29^th March 2023.

Syllabus Topic: GS Paper 3 – Indian Economy – Finance instruments

Context: Blended finance can help to meet SDGs by filling investment.

During covid-19, several producers of raw materials fell short of working capital required to for face masks, vaccines and supply chains.

To tackle this issue, a blended financing entity called Sustainable Access to Markets and Resources for Innovative Delivery of Healthcare (Samridh) was launched. The scheme was launched with the help of multiple stakeholders including Indian government, USAID, The Rockefeller Foundation and many more.

What was the significance of Samridh scheme?

The scheme assisted over 25 million people and deployed over $16 million in philanthropic funds to over 60 social enterprises.

It has mobilized a capital pool of $300 million to offer both grant and debt financing provisions to healthcare enterprises and innovators. It helped sustain their operations.

How blended finance mechanism are attractive to investors?

Blended finance lets investors choose different risk tolerances, while all participating in the same project. It means different investors can choose different risk and return mix in the same investment.

It incentivizes and mobilizes private capital into the business where investment is hard to come.

To mitigate risks, blended finance initiatives offer technical support, capacity-building aid, relevant data and tools for impact measurement, monitoring and evaluation.

Successive grants are outcome-based, which is based on achieving set milestones for further funding.

Why there is a need for blended finance mechanism to achieve SDGs?

According to the Office of the High Commissioner of Human Rights, there is currently an annual shortfall of $4 trillion in developing countries.

A policy brief by the G20’s Think 20 Engagement Group highlights that several nations of the Global South are likely to fall short of their 2030 sustainable development goals (SDGs) on account of a funding gap.

Low-income regions find it harder to attract funding, due to small ecnomy size, high regulatory complexity and country-specific risks. Moreover, relying solely on philanthropy and government funding cannot address transnational challenges.

Therefore, blended finance can be helpful, where investors hardly invest.

Innovative blending can support project preparation and solve information gaps, enabling investment in multiple projects. It can work at the institutional level by blending public subsidies in the market to encourage private investments.

Global crises like climate change and food insecurity can be handled using blended finance.

In the G20 Sustainable Finance Roadmap also, India has emphasized the need to adopt innovative financing methods and can help the Global South develop blended finance instruments to meet SDGs.

Developing nations require an environment that lets private investments thrive, which calls for activating policies that allow private players and philanthropies to support their growth.

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