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Source: This post has been created based on the article “What is the long-running legal dispute over AMU’s minority character” published in “Indian Express” on 10th January 2024.
UPSC Syllabus Topic: GS Paper 1 Indian Society – Secularism.
News: The article discusses the long-running legal dispute over Aligarh Muslim University’s minority character.
Background:
A 7-judge Bench of the Supreme Court recently started hearing the matter related to Aligarh Muslim University’s minority character.
What is the history of the Aligarh Muslim University (AMU)?
AMU’s origins can be traced back to the Muhammadan Anglo-Oriental (MOA) College, established by Sir Syed Ahmad Khan in 1875. It was established to help Muslims overcome educational backwardness and prepare for government services.
It imparted Western education as well as Islamic theology. Sir Syed also advocated for women’s education.
In 1920, the institution was conferred university status.
What does a ‘minority character’ of an educational institution mean?
Article 30 (1) of the Constitution empowers all religious and linguistic minorities to establish and administer educational institutions.
This provision reinforces India’s commitment to ensure the welfare of minority communities by guaranteeing that it will not discriminate in giving aid based on their ‘minority’ status.
What has been the Supreme Court’s stand on AMU’s minority character over the years?
The legal dispute over AMU’s minority status started in1967:
S. Azeez Basha and another versus Union of India 1967): Here SC was reviewing changes made in 1951 and 1965 to the AMU Act of 1920. The petitioners argued that Muslims established AMU and, therefore, had the right to manage it.
Observations of the Court:
SC held that AMU was neither established nor administered by the Muslim minority.
It emphasized that AMU was established through a central Act to ensure the government’s recognition of its degrees.
It also stated that the university was not solely operated by Muslims.
Why has this legal issue persisted?
Since 1967, the issue has persisted due to a combination of judicial interpretations and executive actions. These include:
In 1981, an amendment to the AMU Act explicitly affirmed its minority status.
In 2005, the AMU implemented a reservation policy (reserving 50% of seats in postgraduate medical courses for Muslim candidates). This was challenged in the Allahabad High Court which overturned the reservation and nullified the 1981 Act. It held that AMU, according to the SC’s verdict in the S. Azeez Basha case, did not qualify as a minority institution.
In 2006, various petitions, including one from the Union government, contested the High Court’s decision before the Supreme Court.
In 2016, the government withdrew the appeal filed by the government. It held that the government cannot be seen as setting up a minority institution in a secular state.
Question for practice:
India’s model of secularism allows certain exceptions for the welfare of minorities. Discuss in the context of AMU’s minority character.
Source: The post Guidelines for increasing Political inclusion of disabled has been created, based on the article “After ECI guidelines, charting a path to disability inclusion in politics” published in “Indian express” on 10th January 2024.
UPSC Syllabus Topic: GS paper 2- Polity- Electoral Reforms
News: The article discusses guidelines released by India’s Election Commission for political parties to use disability-friendly language and be more inclusive of persons with disabilities.
What are the guidelines for increasing Political inclusion of disabled?
The Election Commission of India has issued 11 guidelines for political parties. These guidelines focus on three main areas:
Focus on Disability-Inclusive Language: The guidelines urge political parties to avoid derogatory and dehumanizing terms when referring to persons with disabilities (PwDs). For example, the negative comparison made by Tamil Nadu leader A Raja in Sep. 2023, equating Sanatan Dharma with leprosy and HIV, highlights the kind of language these guidelines aim to prevent.
Ensure Accessibility of Information: Political parties are advised to make their websites accessible to PwDs. Additionally, they should organize events in locations that are accessible to everyone, including those with disabilities.
Inclusion Within Political Parties: The guidelines encourage the inclusion of PwDs at all levels within political parties. This includes developing training modules on disability for party workers and making efforts to integrate PwDs in various party roles and activities.
What are the benefits of these guidelines?
Encourage political inclusion of PwDs, aligning with the principles of the UN Convention on the Rights of Persons with Disabilities.
Guidelines promote inclusivity and accessibility for PwDs in the political sphere.
What are the limitations of these guidelines?
Advisory Nature: The guidelines are not mandatory. Some use mandatory language like “should” and “shall,” while others are more discretionary, using terms like “may.”
Exclusion from the Model Code of Conduct: These guidelines are not part of the official Model Code of Conduct for elections. It’s unclear if violations of certain guidelines will lead to actions under section 92 of the RPwD Act, which penalizes atrocities against PwDs.
Ambiguity in Language: There is some confusion about the usage of certain terms like “blind,” “deaf,” and “dumb,” which can be technical terms but might be considered derogatory in some languages.
What should be done?
A consistent approach is needed across all guidelines.
The draft National Policy for Persons with Disabilities doesn’t currently include a chapter on political inclusion, which should be added.
There is a lack of data on the number of legislators with disabilities. The Election Commission is encouraged to include disability information in nomination forms and affidavits for elections.
The draft National Policy for PwD lacks a chapter on political inclusion. Incorporating such a chapter would align with Article 29 of the UN Convention on the Rights of Persons with Disabilities, emphasizing the political rights of PwDs.
Question for practice:
What are the key areas addressed by India’s Election Commission guidelines for promoting disability-friendly language and inclusivity in political parties?
Source: The post relevance of international law has been created, based on the article “Why international law matters” published in “The Hindu” on 10th January 2024.
UPSC Syllabus Topic: GS paper2- International relation- Important International institutions, agencies and fora, their structure, mandate.
News: The article discusses how, despite its flaws and challenges in enforcement, international law remains important. It highlights that international law helps hold powerful nations accountable for their actions, as seen in cases like Israel’s actions in Gaza and conflicts like the Russia-Ukraine war.
What is international law?
International law establishes the legal obligations of nations in their interactions with each other and in how they treat individuals within their own borders.
It covers many topics of global importance including human rights, disarmament, international criminal activities, refugee and migration issues, nationality concerns, prisoner treatment, the application of force, and wartime conduct.
Additionally, international law governs shared global resources, addressing environmental and sustainable development issues, international maritime areas, outer space, global communication networks, and international trade.
What is the relevance of international law?
Beyond Compliance: International law influences how national courts interpret their own laws. This aspect goes beyond just following rules, having a deeper impact.
Accountability: The law holds nations accountable. For instance, South Africa moved the International Court of Justice against Israel’s actions in Gaza, showcasing its role in challenging powerful countries.
Maintaining Balance: International law is crucial for maintaining a balance in international relations. It forces nations to justify their actions and works towards limiting power abuses.
What are the concerns related to international law?
Ineffective in Conflicts: Recent wars in Gaza and Ukraine raise concerns about international law’s effectiveness in preventing or stopping conflicts.
Structural Deficiencies: The law suffers from structural issues, including its imperial and colonial roots.
Lack of Enforcement Mechanism: Unlike domestic law, international law lacks a global police force, making enforcement challenging.
Selective Compliance: Nations often choose when to comply, questioning the law’s overall efficacy.
Limited Accountability Measures: While it aims to hold nations accountable, the actual process can be ineffective, as seen in the challenges of bringing powerful countries to justice in international forums.
Way forward
To improve international law, the focus should shift from just compliance to its broader impact on national courts and global norms. Enhancing its ability to hold powerful nations accountable, as seen in South Africa’s case against Israel, is crucial. Strengthening these aspects can make international law a more effective tool for maintaining balance in global relations.
Question for practice
Discuss the role of international law in holding powerful nations accountable for their actions, as illustrated by examples such as Israel’s actions in Gaza and the Russia-Ukraine war.
Source: The post Evolution of wildlife laws and its impact has been created, based on the article “A look at Project Tiger, 50 years on” published in “The Hindu” on 10th January 2024.
UPSC Syllabus Topic: GS paper3- ecology and environment- Conservation
News: The article discusses how India’s Project Tiger, started in 1973, has expanded tiger reserves and increased tiger numbers. It also covers the challenges faced by forest-dwelling communities due to these conservation efforts, including issues related to their relocation and the recognition of their rights.
What is Project Tiger?
Project Tiger was launched in 1973 to promote conservation of the tiger. It came at a time when the population of tigers in India was rapidly dwindling, due to unfettered hunting and habitat loss.
1972 Wildlife (Protection) Act (WLPA): National Parks and Wildlife Sanctuaries were established, affecting the rights of forest-dwellers and strengthening state control. Under this act, Critical Tiger Habitats (CTHs), also known as the core areas of tiger reserves, are identified.
Project Tiger (1973): A result of WLPA, leading to the creation of tiger reserves.
2006 Amendment of WLPA: Formation of the National Tiger Conservation Authority (NTCA) and introduction of tiger conservation plans, modifying rights of forest-dwellers in tiger reserves.
Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act 2006 (FRA): Recognized rights of forest-dwellers in tiger reserves and established Gram Sabhas as authorities for forest management.
Introduction of Critical Wildlife Habitat (CWH) under FRA: Different from CTH under WLPA, once notified as CWH, land couldn’t be diverted for non-forest purposes.
Notification of FRA Rules (2009) and Challenges: Planned but overshadowed by the NTCA’s rush to delineate CTHs, leading to notification of tiger reserves without full compliance with WLPA provisions.
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act 2013 (LARR Act): This law mandates fair compensation and rehabilitation for relocated people.
What are the implications of legal changes in Wildlife Laws?
Expansion of Tiger Reserves: From nine reserves in 1973 to 54 in 2022, covering 78,135.956 sq. km across 18 states.
Increase in Tiger Population: Due to enhanced protection, tiger numbers rose to 3,167-3,925 by 2022.
Challenges in Implementing the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act 2006 (FRA): Though recognizing forest-dweller rights, the implementation has been problematic, leading to disputes over land use in tiger reserves.
Lacked buffer area: Under the Wildlife Protection Act of 1972, India designated 26 tiger reserves across 12 states as Critical Tiger Habitats (CTHs), covering 25,548.54 sq. km, 91.77% of which are CTHs. However, except for Odisha’s Similipal, these lacked Buffer Areas until mandated by a 2012 Supreme Court order.
Relocation and Rehabilitation Challenges: Relocation and rehabilitation under wildlife conservation laws like the LARR Act face challenges. Despite legal mandates for fair compensation and resettlement, the process often lacks transparency and adequate compensation, leading to disputes and dissatisfaction among relocated communities.
Conflict with the National Tiger Conservation Authority (NTCA) Directives: The NTCA’s 2007 directive for delineating CTHs conflicted with the FRA’s provisions, complicating the balance between tiger conservation and community rights.
Fixed compensation: The Union and State governments offer ₹15 lakh, increased from ₹10 lakh in 2021, for either cash or relocation under the Project Tiger 2008 guidelines. However, this doesn’t fully cover the legal requirements for compensation, resettlement, and relocation under LARR Act
What should be done?
Respectful and Informed Relocation: Implement relocation policies as per the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation, and Resettlement Act, ensuring that relocation from tiger reserves is voluntary, informed, and includes fair compensation.
Addressing Conflicts Proactively: Develop strategies to proactively address and resolve conflicts that arise from the expansion of tiger reserves and the increased protection measures, balancing conservation needs with the rights of local communities.
Question for practice:
Discuss the implications of legal changes in India’s Wildlife Laws on tiger conservation efforts and forest-dwelling communities.
Source: This post on New Flight Regulations has been created based on the article “The right flight path – DGCA aligns Indian rules with global norms” published in “Indian Express” on 10th January 2024.
UPSC Syllabus Topic: GS Paper 3 Indian Economy – Infrastructure: Airports.
News: The article discusses the recent changes in DGCA’s new norms regarding flight duty time limitations. It highlights the various provisions and the issues that may arise due to their implementation.
The Directorate General of Civil Aviation (DGCA) recently mandated new regulations on flight duty time limitations (FDTL) for all airlines with effect from June 1.
What are the new norms?
These involve the following provisions:
Longer rest periods (Now weekly rest periods have been increased to 48 hours from 36).
Shorter night duty hours.
Less landings (Night landings will be limited to 2 against the 6 earlier).
Mandated quarterly “fatigue reports” by airlines.
Why were they needed?
Increasing Workload: India is one of the world’s fastest- growing aviation markets and the country’s major airports are becoming dangerously congested.
Pilot Fatigue: Due to an ultra-competitive and low-margin business, pilots claim that most airlines ignore their complaints of fatigue. The new rules will prevent this problem from becoming a safety crisis.
Poor Regulation: India has one of the world’s poorest records in terms of FDTL regulations. The new norms are now more closely aligned with global standards.
Lack of Pilot’s Union to Articulate Demands: Except for formerly government-owned Air India, no airline has a pilot’s union to negotiate these issues with managements.
What are the issues that may arise due to these regulations?
Raise Costs for Airline Companies: The new norms will require the hiring of more pilots. Given the pilot shortage, it will significantly raise costs.
Issues with Fatigue reports: Most pilots are reluctant to file such reports due to the risk of being deprived of flying allowances, which account for large chunks of their earnings.
Question for practice:
India is one of the world’s fastest- growing aviation markets. This has necessitated reforms regarding flight duty time limitations, so pilots can function in the right manner. Analyse DGCA’s steps in this regard.
Source: This post on India’s K-Shaped Recovery has been created based on the article “SBI report: K-shaped questions” published in “Indian Express” on 10th January 2024.
UPSC Syllabus Topic: GS Paper 3 Indian Economy – Issues relating to Growth.
News: The article discusses the recent report by SBI on India’s K-shaped recovery. It highlights the flaws in the arguments presented in the report.
A new research report by the State Bank of India (SBI) seeks to debunk claims of India’s “K-shaped” economic recovery.
Note: K-shaped recovery occurs when, following a recession, different parts of the economy recover at different rates, times, or magnitudes. This contrasts an even, uniform recovery across sectors, industries, or groups of people.
Source: Investopedia.
In the case of India, according to the author, there has been a stark difference in the way different sectors of the economy recovered after the pandemic. While the overall economic growth figures look robust, there is a growing underlying inequality.
What are the SBI report’s arguments against India’s recovery being K-shaped?
Positive Emerging Patterns: It highlights patterns of income, savings, consumption, expenditure and policy measures aimed at public welfare.
Questions Parameters: It questions the use of old parameters like low two-wheeler sales or fragmented land holdings.
For instance, low sales of two-wheelers could reflect savings being utilised to buy physical assets (real estate) and buyers shifting to purchasing used/entry-level cars.
Rising Disposable Incomes in Non-Metro Areas: It cites data from Zomato as an example of rising disposable income in non-metro areas.
Decrease in Inequality: It refers to the income tax data for FY22 to note that the Gini coefficient had declined significantly from 0.472 to 0.402 between FY14 and FY22.
It highlights that 36.3% of individual tax return filers belonging to the lowest income in FY14 have left the lowest income group and shifted upwards.
Why are the SBI report’s arguments against it flawed?
High Welfare Spending indicated Economic distress: The government has been forced to extend the scheme of subsidized food grain to 800 million Indians.
Tax Data does not reflect Broader Economy: Only a very small minority of people pay direct income tax. Hence, it is not reasonable to draw conclusions from tax data about broader inequality.
Income tax data is nominal and is affected by overall inflation, thus making it unviable for drawing conclusions.
Use of Tractor Sales Data: Tractor sales (in place of two-wheeler sales) may be a better representative of the farm economy but not the overall rural economy.
Question for practice:
‘India has experienced K-shaped economic recovery in the post-pandemic era’. Analyse.
Following articles have already been covered in the 7 PM Articles of the day:
Source: This post is based on the article “IISR develops new granular lime-based trichoderma bio-pesticide, fertiliser” published in “The Hindu” on 5th January 2024.
Why in news?
ICAR-Indian Institute of Spices Research, Kozhikode has developed a new granular lime-based Trichoderma formulation which is a fungal bio-control agent.
What is Tricolime?
1) Trichoderma is a fungal biocontrol agent present in all soils. In simple term, it is a genus of fungi that can be found in most soils.
2) Tricholime integrates Trichodermaand lime into a single product, making the application easier for the farmers.
What is the significance of Tricolime?
1) Tricolime serves as a bio-pesticide and bio-fertiliser in crop production.
2) Being a bio pesticide, it promotes plant growth and shields crops from soil-borne pathogens, all in a single application.
3) Functioning as bio fertiliser, tricolime improves the physical condition of the soil, enhances secondary nutrient availability and boosts soil microbial activity.
Source: This post is based on the article “IISc study in Arunachal Pradesh reveals how logging and climate change impact montane birds” published in “The Hindu” on 5 January 2024.
Why in news?
Recently, researchers at the Indian Institute of Science (IISc.) in Bengaluru have found that logging and climate change pose a threat to montane birds.
What was done in research?
1) The team collected data from the Eaglenest Wildlife Sanctuary, Arunachal Pradesh which is home to over 500 bird species.
2) Researchers studied the effects of forest logging and climate change on bird communities in tropical mountains by examining over 10 years of data.
2) Mist netting and bird ringing data were used to understand how the composition of the mid-elevation Eastern Himalayan understorey bird community changed in primary (undisturbed) forests as well as in logged forests.
Note- Understorey bird community is the community of birds that remain beneath the main canopy of a forest
What are the findings of the research?
1) Forest loss and climate change are major threats to the ecosystem of Tropical montane forests on mountains.
2) Many bird species have started shifting to higher elevations due to rising temperatures.
3) Logging can lead to the loss of large-bodied, old, growth-dependent species, and decrease the overall biodiversity.
4) Logging has a detrimental impact on understorey insectivores, which are typically confined to specific niches, leading to a significant decline in their numbers.
5) Logged forests also experience decreased densities of foliage-dwelling insects, diminishing the available resources for birds.
6) The study highlights the need to safeguard primary forests in order to mitigate the effects of climate change.
What is Eagle Nest Wildlife Sanctuary?
Specifications
Details
Location
Arunachal Pradesh
Geographical Features
It is situated in the biodiversity hotspot of Eastern Himalayas.
National Park
It conjoins Sessa Orchid Sanctuary to the northeast and Pakhui Tiger Reserve across the Kameng river to the east.
Significance
Eagle Nest’s Wildlife Sanctuary is considered amongst the topmost birding destinations in the World.
Flora
Dense strands of bamboo & patches of broadleaved evergreen forest covers the large altitudinal range.
Fauna
1) It is also home for many species of amphibians, snakes & lizards, mammal species like Bengal Tiger, Clouded leopard, Red Panda, Arunachal Macaque, Gaur & endangered capped Langur.
2) More than 160 species of butterflies have been recorded.
3) The rare Bugun Liocichla bird (IUCN status: Critically Endangered) is found only in the Eaglenest Wildlife Sanctuary.
Tribes
This Sanctuary is inhabited by two tribes, Bugun and Sherdukpen.
UPSC Syllabus: Environment (Wildlife Sanctuary in news)
Source: This post is based on the article “SpaceX launches first set of satellites with direct-to-cell capabilities” published in “The Economic Times” on 4th January 2024.
Why in news?
Recently, SpaceX successfully launched the first set of Starlink satellites equipped with direct-to-cell capabilities.
These Starlink satellites can beam phone signals from space directly to smartphones.
Source-Indian Express
What is direct-to-cell satellite technology?
1) Direct-to-cell technology allows for the direct transmission of communication signals, including text messages, voice, and data, from space-based satellites to mobile devices (cell phones), without conventional ground-based infrastructure.
2) The technology will also connect Internet of Things (IoT) devices with common LTE mobile standards.
3) This is beneficial in remote or underserved areas, where setting up conventional terrestrial networks can be difficult or economically impractical.
4) Japan’s KDDI, Australia’s Optus, New Zealand’s One NZ, Canada’s Rogers will collaborate with SpaceX to launch direct-to-cell technology.
Source-This post is based on the article “India Club: what it means for our shipping firms” published in “Live mint” on 10th January 2024.
Why in the News?
India plans to create its own protection and indemnity (P&I) entity, the India Club, to provide insurance for ships in Indian waters thereby reducing reliance on global firms.
What is a P&I entity or club?
1) It is a mutual insurance association offering risk-pooling, information, and representation exclusively for its members, including ship owners, operators, charterers, freight forwarders, and warehouses.
2) Unlike traditional insurers, P&I clubs reports only to their members, cover third-party open-ended risks such as cargo damage, war, and environmental issues like oil spills which are often avoided by conventional insurers.
How many such clubs operate globally?
1) The London-based International Group of P&I Clubs consists of 13 clubs, covering around 90% of global ocean-going ships.
2) Member clubs– The UK, US, Korea, Singapore, Japan, the Netherlands, China, Bermuda, Norway, and Sweden.
3) Club members contribute to the club’s common risk-pool according to the pooling
agreement rules.
Why is India looking to set up its own P&I entity?
A locally focused Indian entity could diminish the nation’s susceptibility to global sanctions, as it ensures coverage for ships operating in regions facing sanctions. The events surrounding the Russia-Ukraine war underscore the importance of having such coverage.
What difficulties might confront such an entity?
1) The move will only benefit players like the Shipping Corporation of India and some small shipping lines as 90% of Indian-owned ships are operating under foreign flags of countries like Panama, Liberia and Kazakhstan.
2) The India Club might encounter challenges if global traders do not accept its cover.
Source-This post is based on the article “Majority of cities far from clean air target, says study” published in “The Hindu” on 10th January 2024.
Why in the News?
According to an analysis conducted by Respirer Living Sciences and Climate Trends, a significant number of Indian cities are considerably distant from achieving clean air target.
What are the conclusions drawn from the analysis?
Source- The Hindu
Parameter
Observations
PM 2.5
1. Out of 49 cities, only four achieved or surpassed the targeted decline in PM 2.5(the most hazardous pollutant) with 27 cities experiencing a decrease.
2. Delhi, for example, has only seen a 5.9% decline in average annual PM 2.5 levels, while Navi Mumbai has witnessed a 46% rise.
3. Varanasi showed a significant improvement with a 72% reduction in PM 2.5 levels and a 69% reduction in PM 10 levels from 2019-2023.
NCAP Targets
1. The National Clean Air Programme (NCAP) seeks a 40% reduction in average particulate matter by 2026 (compared to 2017) in 131 cities.
2. Despite the three-year deadline, major Indian cities are experiencing either slight reductions or increases in pollution levels.
Ambient air quality monitoring system
1. The majority of Indian cities have only a few monitors.
2. Among the 92 cities analyzed, only four have over 10 stations.
Source-This post is based on the article “India, U.K. ink 2 deals during Rajnath’s visit” published in “The Hindu” on 9th January 2024.
Why in the News?
India’s defense minister recently visited London, where India and the United Kingdom inked two agreements. It marks the first visit by an Indian Defense Minister to the U.K. in over two decades.
What agreements have been signed between India and the UK?
1) Both parties have signed a Memorandum of Understanding (MoU) for a bilateral international cadet exchange program and a Letter of Arrangement (LoA) on defense collaboration in research and development.
2) LoA was signed between the Defence Research and Development Organisation and the U.K.’s Defence Science and Technology Laboratory for further enhancing collaboration in the area of defence research and development.
3) Significance of these agreements– It will boost people-to-people exchanges, especially among the youth, and expand the scope of defense research collaboration between the two nations.
UPSC Syllabus- International Relations
Post-Mains Strategy Session by Mr. Ayush Sinha | ForumIAS
