Syllabus: General Studies Paper 3

Why in News?

Recently, the Union Ministry of Consumer Affairs, Food and Public Distribution issued a notification to provide free foodgrains (rice, wheat and coarse grains) to all eligible households under the National Food Security Act, 2013, for one year from January 1, 2023.

• The government, however, discontinued the Pradhan Mantri Garib Kalyan Anna Yojana.

What are Coarse Cereals?

• Coarse cereals are traditionally grown in resource-poor agro-climatic regions of the country.
  • Agro-climatic zone is a land unit in terms of major climates suitable for a certain range of crops and cultivars.
• Sorghum, pearl millet, maize, barley, finger millet and several small millets such as kodo millet, little millet, foxtail millet, proso millet and barnyard millet together called coarse cereals.
  • Sorghum, pearl millet, finger millet, maize and small millet (barnyard millet, proso millet, kodo millet and foxtail millet)are also called nutri-cereals.
• Coarse cereals are known for their nutri-rich content and having characteristics like drought tolerance, photo-insensitivity and resilient to climate change

What is NFSA?

• Notified On:
  • 10^thSeptember, 2013.
• Objective:
  • To provide for food and nutritional security in the human life cycle approach, by ensuring access to adequate quantities of quality food at affordable prices to people to live a life with dignity.
• Coverage:
  • 75% of the rural population and upto 50% of the urban population forreceiving subsidised foodgrains under the Targeted Public Distribution System (TPDS).
  • Overall,NFSA covers about 81.35 crore citizens.
• Eligibility:
  • Priority Households are to be covered under TPDS,according to guidelines by the State government.
  • Households are covered under theAntyodaya Anna Yojana.
• Provisions:
  • 5 Kgs of foodgrains per person per month at Rs. 3/2/1 per Kg for rice/wheat/coarse grains.
  • The existing AAY household will continue toreceive 35 Kgs of foodgrains per household per month.
  • Meal and maternity benefitsof not less than Rs. 6,000 to pregnant women and lactating mothers during pregnancy and six months after child birth.
  • Meals for childrenupto 14 years of age.
  • Food securityallowance to beneficiaries in case of non-supply of entitled foodgrains or meals.
  • Setting up grievance redressal mechanismsat the district and state level.

What are Government Initiatives in this Regard?

• National Food Security Mission
• Rashtriya Krishi Vikas Yojana (RKVY)
• Integrated Schemes on Oilseeds, Pulses, Palm oil and Maize (ISOPOM)
• eNAM Portal

Questions For Practice

1. Hunger and Poverty are the biggest challenges for good governance in India still today. Evaluate how far successive governments have progressed in dealing with these humongous problems. Suggest measures for improvement.(UPSC 2017)
2. What are the reformative steps taken by the Government to make the food grain distribution system more effective?(UPSC 2019)
3. What are the major challenges of Public Distribution System (PDS) in India? How can it be made effective and transparent?(UPSC 2022)

Syllabus: General Studies Paper 2

Why in News?

The recent tragedies in Seoul, South Korea, and Morbi in Gujarat have once again put crowds and their management under the spotlight.

• National Disaster Management Authority (NDMA)has been mandated, under the provisions of Disaster Management Act 2005 to, inter alia, issue guidelines for the management of disasters that periodically affect the normal life and well-being of the people.

What is Crowd Management?

• Crowd management is defined as the systematic planning for, and supervision of, the orderly movement and assembly of people.
• Crowd management involves the assessment of the people handling capabilities of a space prior to use.
• It includes evaluation of projected levels of occupancy, adequacy of means of ingress and egress, processing procedures such as ticket collection, and expected types of activities and group behaviour.

What are the Causes of Crowd Disaster/Stampede?

• Structural Failures:
  • Demolition of interim facilities, vertical stairs, narrow buildings due to illegal structures, hawkers, and parking.
• Electric/Fire Disasters:
  • A common cause is improper use of firecrackers or incorrect wiring during the celebrations in makeshift kitchens.
  • Electricity supply failure creating panic and triggering sudden exodus.
• Crowd Behaviour:
  • Minimizing the size of the mass, lack of coordination with management, overselling of the tickets, mass panicking by sudden rush or rumours to get celebrity autographs or freebies.
    • People need at least 1 square yard of space each to control their movements. Most people who die in crowds die from asphyxiation while standing upright, not from trampling.
    • Humans lose consciousness after being compressed for just 30 seconds, they can be brain dead within 6 minutes.
  • Inadequate Security:
    • Taking drastic measures such as firing teargas due to insufficient deployment of safety teams.
  • Lack of Coordination among Administrative Agencies:
    • Inadequate coordination between the fire service, the police, the shrine management, etc.

What are the NDMA Guidelines on Crowd Management?

• The first step is to regulate traffic in areas surrounding the pandals and Dussehra grounds.
  • For pedestrians, route maps for reaching the venue and emergency exit route should be put up at strategic points. Barricading to ensure the movement of people in a queue is key to control a burgeoning crowd.
• CCTV cameras to monitor movement and police presence to reduce the risk of snatching and other petty crimes should also be on the organisers’ agenda.
• Medical emergencies can occur in claustrophobic spaces. An ambulance and health care professionals on stand-by can save lives in exigencies.
• On the part of revellers, familiarising people with exit routes, staying calm and following instructions will help prevent stampede-like situations.
• In case a stampede breaks out, protect the chest by placing hands like a boxer and keep moving in the direction of the crowd.
• Organisers should ensure authorised use of electricity, fire safety extinguishers and other arrangements meeting safety guidelines.
• A list of neighbourhood hospitals would come in handy. Simple precautions like wearing light, cotton clothes and knowledge of basic tricks like rolling on the ground to douse off fire are a must.

Conclusion

• In today’s world, crowd management should be the top priority, especially in India.
• A large number of catastrophic events involving large crowds are caused by human error. By planning and implementing proactive measures, these catastrophes can be avoided. Apart from that, it is important to analyse and gain knowledge from previous errors.
• Crowd disasters are a concern for everyone in society. Despite the Government’s responsibility in leading the way, the general public also has a major role to play in preventing such disasters in the future.

Syllabus: General Studies Paper 2

Why in News?

Armenia and India celebrated 30 years of bilateral diplomatic relations in 2022.

How have Historical Ties been?

• Armenia and India maintain active political ties. Effective cooperation exists between the two nations within international bodies.
• After Armenia’s independence in 1991, Armenian-Indian relations were re-established.
• Diplomatic relations were established between the Republic of Armenia and India in 1992.
• In 1999, the Indian Embassy in Yerevan began operations.
• If the Armenian-Indian political relations can be evaluated as “excellent”, Armenia is the only Commonwealth of Independent States (CIS) country with which India had diplomatic relations in 1995 (other than Russia).
  • The CIS was founded in 1991 after the dissolution of the Soviet Union.
  • At present the CIS unites: Azerbaijan, Armenia, Belarus, Kazakhstan, Kyrgyzstan, Moldova, Russia, Tajikistan, Turkmenistan, Uzbekistan and Ukraine.
• India and Armenia signed a Treaty on Friendship and Cooperation in 1995.
• But the trade and economic cooperation between the two countries cannot be deemed adequate.

What are the Areas of Cooperation Between the Two Countries?

• Defence Relations:
  • Armenia had already shown interest in Indian military hardware before the 2020 war.
  • In 2020, Armenia signed a USD 40 million arms deal with India for the supply of four SWATHI radars to detect the location of weapons.
  • In October 2022, India signed an agreement with Armenia to export missiles, rockets & ammunition.
    • The missiles will also include Indigenous Pinaka Multi-Barrel Rocket
    • India may also export its Man Portable Anti – Tank Guided Missile (MPATGM) to Armenia.
  • Supply Chain and Economy:
    • In the contest over global supply chains, Armenia provides a potential outpost for New Delhi in the Eurasian corridor which extends from the Persian Gulf to Russia and Europe.
    • Armenia can also prove a worthy developmental partner to India in domains such as agriculture, pharmaceuticals, manufacturing, and technology.
    • The collaboration can provide an outstanding substitute for the debt-fuelled Chinese Belt and Road Initiative
    • Finally, it goes without saying that Armenia growing purchases of Indian defence hardware would provide an impetus to both public and private sector defence manufacturing in India.

What is the Significance of Armenia for India?

• Countering Pan-Turkism:
  • Turkey’s imperial ambition of establishing a pan-Turkic empire, administered from Ankara, is identifiable in the present-day Caucasus and other parts of Eurasia.
  • The racist doctrine envisions an empire comprising all nations and regions that speak a Turkic-type language, disregarding the extent of difference between those languages and that spoken in Turkey as well as the approval of the regions’ respective populaces.
  • With recent exports of military hardware to Armenia, New Delhi has openly positioned itself on Armenian side in the Nagorno-Karabakh conflict and has therefore chosen to counter Azerbaijan and its supporters including Turkey and Pakistan as well as Ankara’s expansionist pan-Turkic ambitions.
• Geo-Strategic Benefits:
  • As an ally of Azerbaijan, Pakistan has been supplying men and military hardware to assist the former in its conflicts.
  • Azerbaijan has returned the favour by offering geopolitical, geoeconomics, and geostrategic benefits to its partners in Islamabad.
  • Azerbaijan’s success in Armenia would significantly energize Pakistan, with perilous consequences.
  • The purpose of seizing Armenian territory forcibly is to gain unhindered access to Turkey, Azerbaijan, Pakistan, and the entire Turkic-oriented axis of nations, up to China.
    • Munitions and military hardware could utilise this route to arrive at the doorstep of Kashmir.
  • To prevent this, New Delhi can utilize its military skills and capabilities to assist Armenia in securing itself against Azerbaijan’s energy-funded superior military strength.
• Economic Cooperation:
  • Armenia can play an important role in the Indian-backed International North-South Transport Corridor (INSTC)and the Iranian-backed Black Sea-Persian Gulf Transport Corridor.

Way Forward

• Armenian-Indian cooperation can become an integral part of broader contacts for Armenia with developed democracies. For these ends,high-quality and subtle diplomacy is imperative.
• The structure of international relations are also changing, creating both potential threats and opportunities.
• In these shifting global relations, Armenia requires a deep diversification of foreign relations.
• The countries of the Global West may become the most auspicious directions.
• By sharing common values, Armenia and the Community of States will be able to work closely together.
  • It is the exact area of cooperation that will ensure the active implementation of the modernization theory, institutionalization, and, possibly, strengthen national defence.

Syllabus: General Studies Paper 2

Why in News?

Recently, Satark Nagrik Sangathan (SNS) has released a report card of Responsiveness under RTI (Right to Information) Act 2021-22, which shows that Tamil Nadu has been the worst performing RTI responsiveness, furnishing only 14% of the information sought.

What are the Key Highlights of the Report Card?

• Maharashtra was second-worst, sharing 23% of the information asked for.
• Only 10 ICs provided full information in response to the RTI applications filed as part of this assessment. These included Andhra Pradesh, Haryana, Jharkhand and north eastern States of Sikkim, Nagaland and Tripura.
• The SIC of Bihar, which had failed to provide any information under the RTI Act for the assessments published in 2020 and 2021, significantly improved its performance and furnished 67% of the information sought.
• A large number of ICs across the country were returning cases without passing orders.
  • Uttar Pradesh and Andhra Pradesh returned around 40% of the appeals or complaints received by them.
  • Of the 18 Information Commissioners the assessment found that 11 had returned appeals or complaints without passing any orders.
• Several ICs have an extremely low rate of disposal per commissioner.
  • For instance, the SIC of West Bengal had an annual average disposal rate of 222 cases per commissioner – each commissioner effectively disposing of less than one case a day – even though more than 10,000 cases were pending.
• Of all the 29 ICs, only the CIC has adopted a norm regarding the number of appeals or complaints to be disposed of by each commissioner in one year.

What is the Right to Information (RTI) Act?

• About:
  • The Right to Information Act 2005 mandates timely response to citizen requests for government information.
  • The basic object of the Right to Information Act is to empower the citizens, promote transparency and accountability in the working of the Government, contain corruption, and make our democracy work for the people in a real sense.
• Right to Information (Amendment) Act, 2019:
  • It provided that the Chief Information Commissioner and an Information Commissioner (of Centre as well as States) shall hold office for such term as prescribed by the Central Government. Before this amendment, their term was fixed for 5 years.
  • It provided that the salary, allowances and other service conditions of the Chief Information Commissioner and an Information Commissioner(of Centre as well as States) shall be such as prescribed by the Central Government.
    • Before this amendment, the salary, allowances and other service conditions of the Chief Information Commissioner were similar to those of the Chief Election Commissioner and that of an Information Commissioner were similar to those of an Election Commissioner (State Election Commissioners in case of States).
  • It removed the provisions regarding deductions in salary of the Chief Information Commissioner, an Information Commissioner, the State Chief Information Commissioner and a State Information Commissioner due to pension or any other retirement benefits received by them for their previous government service.
  • The RTI (Amendment) Act, 2019 was criticized on grounds of diluting the law and giving more powers to the central government.
• Issues in the Implementation:
  • Non-compliance in proactive disclosure by public authorities
  • Hostile approach of Public Information Officers (PIOs) towards citizens and misinterpreting provisions of the Right to Information (RTI) Act to conceal information.
  • Lack of clarity on what public interest is and right to privacy
  • Lack of political will and poor infrastructure
  • Rejection of information requests made by active citizens on important matters of public importance
  • Covert means of attacks and threats against RTI activists and applicants to suppress their voices

What is the Central Information Commission?

• Established: The Central Information Commission was established by the Central Government in 2005, under the provisions of the Right to Information Act (2005). It is not a constitutional body.
• Members: The Commission consists of a Chief Information Commissioner and not more than ten Information Commissioners.
• Appointment: They are appointed by the President on the recommendation of a committee consisting of the Prime Minister as Chairperson, the Leader of Opposition in the Lok Sabha and a Union Cabinet Minister nominated by the Prime Minister.
• Tenure: The Chief Information Commissioner and an Information Commissioner shall hold office for such term as prescribed by the Central Government or until they attain the age of 65 years, whichever is earlier.
  • They are not eligible for reappointment.
• Power and Functions of CIC:
  • It is the duty of the Commission to receive and inquire into a complaint from any person regarding information requested under RTI, 2005.
  • The Commission can order an inquiry into any matter if there are reasonable grounds (suo-moto power).
  • While inquiring, the Commission has the powers of a civil court in respect of summoning, requiring documents etc.

Way Forward

• Proper functioning of information commissions is crucial for people to realise their right to information.
  • Under the RTI law,information commissions are the final appellate authority and are mandated to safeguard and facilitate people’s fundamental right to information.
• There is an urgentneed for the transparency watchdogs to function in a more effective and transparent manner.
• The digital RTI portal (website or mobile app) can deliver more efficient and citizen-friendly services which are not possible through conventional mode.
  • This will be beneficial for both transparency seekers and the government.

Question for Practice

1. The Right to Information Act is not all about citizens’ empowerment alone, it essentially redefines the concept of accountability.” Discuss. (2018)

Syllabus: General Studies Paper 2

Why in News?

Recently, the Prime Minister of India spoke to the Ukrainian President to discuss India’s ongoing G-20 Presidency, and Ukraine’s “10-point Peace Plan”.

• In early December 2022, Ukraine urged the leaders of the Group of Seven nations to support its Global Peace Summit idea in winter that would focus on the peace plan “as a whole or some specific points in particular”.

What is Ukraine’s 10-Point Peace Plan?

• Ukraine first announced its peace formula at a November 2022 summit of the Group of 20 major economies. The plan calls for:
  • Radiation and nuclear safety, focusing on restoring safety around Europe’s largest nuclear power plant, Zaporizhzhia in Ukraine, which is now-Russian occupied.
  • Food security, including protecting and ensuring Ukraine’s grain exports to the world’s poorest nations.
  • Energy security, with focus on price restrictions on Russian energy resources, as well as aiding Ukraine with restoring its power infrastructure, half of which has been damaged by Russian attacks.
  • Release of all prisoners and deportees, including war prisoners and children deported to Russia.
  • Restoring Ukraine’s territorial integrity and Russia reaffirming it according to the United Nations
  • Withdrawal of Russian troops and cessation of hostilities, restoration of Ukraine’s state borders with Russia.
  • Justice, including the establishment of a special tribunal to prosecute Russian war crimes.
  • Protection of environment with focus on demining and restoring water treatment facilities.
  • Prevention of escalation of conflict, and building security architecture in the Euro-Atlantic space, including guarantees for Ukraine.
  • Confirmation of the war’s end, including a document signed by the involved parties.

What has been the World’s Response to Peace Formula?

• Russia rejected Ukraine’s peace proposal and Moscow reiterated that it would not give up any territory it has taken by force, around a fifth of Ukraine, which Russia has annexed.
• The Western world’s support for Ukraine’s military has run into billions of dollars, led by Washington, and nations have rushed to help Kyiv with demining and fixing power infrastructure.
  • But response to Ukraine’s peace plan and its proposed peace summit has been more cautious.
• The G7 leaders said they were committed to bringing peace to Ukraine “in line with its rights enshrined in the U.N. Charter.”

Syllabus: General Studies Paper 2

Why in News?

The border dispute between Maharashtra and Karnataka is intensifying, with both states passing a unanimous resolution to support a legal battle to resolve the dispute.

What is Maharashtra-Karnataka Border Dispute?

• About:
  • The border dispute over Belagavi, Karwar and Nipani in North Karnataka is long-standing.
  • When state boundaries were redrawn on linguistic lines as per the States Reorganisation Act of 1956, Belagavi became part of the erstwhile Mysore state.
    • The Act was based on the findings of the Justice Fazal Ali Commission which was appointed in 1953 and submitted its report two years later.
  • Maharashtra claims that parts of Belagavi, where Marathi is the dominant language, should remain in Maharashtra.
  • In October 1966, the Centre set up the Mahajan Commission, led by former Chief Justice of India Mehr Chand Mahajan, to resolve the border dispute in Maharashtra, Karnataka and Kerala.
  • The Commission recommended that Belgaum and 247 villages remain with Karnataka. Maharashtra rejected the report, and in 2004, moved the Supreme Court.
• Basis of Maharashtra’s Claim:
  • Maharashtra’s claim to seek the readjustment of its border was on the basis of contiguity, relative linguistic majority and wishes of the people. If the claim over Belagavi and surrounding areas was based on Marathi-speaking people and linguistic homogeneity, it laid its claim over Karwar and Supa where Konkani is spoken by citing Konkani as a dialect of Marathi.
  • Its argument was based on the theory of villages being the unit for calculation and enumerated linguistic population in each village. Maharashtra also points out the historical fact that the revenue records in these Marathi-speaking areas are also kept in Marathi.
• Karnataka’s Position:
  • Karnataka has argued that the settlement of boundaries as per the States Reorganisation Act is final.
  • The boundary of the State was neither tentative nor flexible. The State argues that the issue would reopen border issues that have not been contemplated under the Act, and that such a demand should not be permitted.

How is the Issue Being Resolved?

• Attempts are often made to resolve inter-state disputes with the cooperation of both sides, with the Centre working as a facilitator or a neutral mediator.
• If issues are resolved amicably, Parliament can bring a law to alter state boundaries, such as the Bihar-Uttar Pradesh (Alteration of Boundaries) Act of 1968 and the Haryana-Uttar Pradesh (Alteration of Boundaries) Act of 1979.
• In the Belagavi issue, Union Home Minister Amit Shah met Chief Ministers of both states and asked them to form a six-member team, comprising three ministers from each side, to address all boundary issues.

What are the other Methods Available?

• Judicial Redressal:
  • The Supreme Court in its original jurisdiction decides disputes between states.
  • As per Article 131 of the Constitution reads, the Supreme Court have original jurisdiction in any dispute between the Government of India and one or more States or between the Government of India and any State or between two or more states.
• Inter-state Council:
  • Article 263 of the Constitution gives powers to the Presidentto set up an Inter-state Council for resolution of disputes between states.
  • The Council is envisaged as a forum for discussion between the states and the Centre.
    • In 1988, the Sarkaria Commissionsuggested that the Council should exist as a permanent body, and in 1990 it came into existence through a Presidential Order.

What are Some of the other Inter-State Disputes in India?

Way Forward

• Boundary disputes between the states can be settled by using satellite mapping of the actual border locations.
• Reviving the Inter-state council can be an option for resolution of an Inter-state dispute.
  • Under Article 263 of the Constitution, the Inter-state council is expected to inquire and advise on disputes, discuss subjects common to all states and make recommendations for better policy coordination.
• Similarly, Zonal councils need to be revived to discuss the matters of common concern to states in each zone—matters relating to social and economic planning, border disputes, inter-state transport, etc.
• India is the epitome of unity in diversity. However, to strengthen this unity furthermore, both the centre and state governments need to imbibe the ethos of cooperative federalism.

Syllabus: General Studies Paper 2

Why in News?

Recently, the Union Government tabled the Jan Vishwas (Amendment of Provisions) Bill, 2022 in Parliament.

• The objective is to “decriminalize” 183 offences across 42 legislations and enhance the ease of living and doing business in India.
• Some Acts that are amended by the Bill include: the Indian Post Office Act, 1898,the Environment (Protection) Act, 1986, the Public Liability Insurance Act, 1991, and the Information Technology Act, 2000.

What are the Highlights of the Bill?

• Decriminalizing Certain Offences:
  • Under the Bill, several offences with an imprisonment term in certain Acts have been decriminalised by imposing only a monetary penalty.
  • For example:
    • Under the Agricultural Produce (Grading and Marking) Act, 1937, counterfeiting grade designation marks is punishable with imprisonment of up to three years and a fine of up to five thousand rupees. Grade designation mark indicates the quality of an article under the 1937 Act.
      • The Bill replaces this with a penalty of eight lakh rupees.
    • Under the Information Technology Act, 2000, disclosing personal information in breach of a lawful contract is punishable with imprisonment of up to three years, or a fine of up to five lakh rupees, or both.
      • The Bill replaces this with a penalty of up to 25 lakh rupees.
    • In certain Acts, offences have been decriminalised by imposing a penalty instead of a fine.
      • For instance, under the Patents Act, 1970, a person selling a falsely represented article as patented in India is subject to a fine of up to one lakh rupees.
        • The Bill replaces the fine with a penalty, which may be up to ten lakh rupees. In case of a continuing claim, there shall be an additional penalty of one thousand rupees per day.
      • Revision of Fines and Penalties:
        • The Bill increases the fines and penalties for various offences in the specified Acts.
          • Further, these fines and penalties will be increased by 10%of the minimum amount every three years.
        • Appointing Adjudicating Officers:
          • As per the Bill, the central government may appoint one or more adjudicating officers for the purpose of determining penalties. The adjudicating officers may: (i) summon individuals for evidence, and (ii) conduct inquiries into violations of the respected Acts.
        • Appellate Mechanisms:
          • The Bill also specifies the appellate mechanisms for any person aggrieved by the order passed by an adjudicating officer.
            • For instance, in the Environment (Protection) Act, 1986, appeals may be filed with the National Green Tribunal within 60 days from the order.

Why has the Bill been Introduced?

• Rise in Criminal Cases:
  • For decades, scholars of law have been concerned that criminal law has grown unprincipledly.
  • As per the National Judicial Data Grid, of the 4.3 crore pending cases, nearly 3.2 crore cases are in relation to criminal proceedings.
• Political Motives:
  • As opposed to punishing wrongful conduct, criminalization often becomes a tool for governments to project a strong image.
  • Governments offer little in the way of justifications to support such decisions. This phenomenon has been termed “overcriminalisation” by scholars.
• Overcrowding of Prisons:
  • As per the National Crime Records Bureau’s Prison Statistics of 2021, a total of 5.54 lakh prisoners were confined in prisons against a capacity of 4.25 lakh.

What is the Scope of the Bill?

• The Bill might undertake ‘quasi-decriminalisation’.
• The Observer Research Foundation’s report titled Jailed for Doing Business found that there are more than 26,134 imprisonment clauses in a total of 843 economic legislations, rules and regulations which seek to regulate businesses and economic activities in India.
  • In this light, the number of offences deregulated under the Bill seems to be a mere drop in India’s regulatory framework.
• The regulatory offences to be considered for ‘decriminalisation’ need to be prioritised not only from the point of view of the ease of doing business but also from the points of view of the ills that plague our criminal justice system itself.
• The bill conforms to the understanding of the government that decriminalization should be limited to regulatory domains.

Syllabus: General Studies Paper 2

Why in News?

Parliamentary committees have concluded that drafting a National Tourism Policy will not lead to the development of the tourism industry in the country.

• The committee has suggested fast-tracking the creation of a National Tourism Council on the lines of the GST council to directly make recommendations to the Central and State governments on various issues of the tourism sector and its stakeholders.

What are the Concerns raised by the Committee?

• Inclusion in the Concurrent List:
  • The committee also sought to know the steps taken by the Tourism Ministry regarding its earlier recommendation of including tourism in the concurrent list.
    • The committee is of the view that inclusion of tourism in the concurrent list will help in simplifying the issues of the pandemic-hit Indian tourism sector since tourism is a multi-sectoral activity.
  • Industry Status to Hospitality Projects:
    • It also sought to know why some 20 States were yet to accord industry status to hospitality projects and asked the Ministry whether anything in this regard has been conveyed by these States to the Centre.
      • As of now eight States (Maharashtra, Gujarat, Madhya Pradesh, Kerala, Karnataka, Punjab, Rajasthan and Uttarakhand) have accorded industry status to hospitality projects.
    • Regarding Sanctioned Projects:
      • It expressed concern that in projects sanctioned five years ago or before 2017-18, the progress rates achieved have been less than expected.
        • Projects Sanctioned: ‘Development at Hazratbal’ in Jammu and Kashmir and ‘Infrastructure Development at Puri, Shree Jagannath Dham – Ramachandi- Prachi River front at Deuli under Mega Circuit’ in Odisha.
        • The committee is of the view that projects taking longer than five years may incur high cost and schedule or time overruns, which will put extra financial burden and resource crunch on the Ministry and implementing agencies involved.

What are the Highlights of the Draft National Tourism Policy?

• Industry Status to Sector:
  • It mentions granting industry status to the tourism sector, as well as granting infrastructure status to hotels, in an effort to attract investment.
• Five Key Areas:
  • Five key areas would be given significant focus in the next 10 years— green tourism, digital tourism, destination management, skilling the hospitality sector and supporting tourism-related to Micro, Small and Medium Enterprises (MSMEs).
• Advocacy for Appropriate Taxation and Subsidy Policies:
  • The Mission will advocate appropriate taxation and subsidy policies to encourage investment in sustainable tourism activities and discourage unsustainable tourism.
• Offers Framework Conditions:
  • The draft policy doesn’t deal with specific operational issues, but offers framework conditions to help the sector, especially in the wake of the pandemic.
  • The overall mission and vision are being laid out to improve the experience of tourists, foreign as well as local.

What is the Status of the Tourism Sector in India?

• About:
  • India ranks 6^thaccording to World Travel and Tourism Council in terms of Travel & Tourism total contribution to GDP in 2021.
  • India is currently ranked 54^th in World Economic Forum’s Travel & Tourism Development Index (2021).
  • India has 40 sites listed on the UNESCO World Heritage List(32 cultural, 7 natural, and 1 mixed) as of 2021.
    • Dholaviraand Ramappa Temple are the latest ones.
  • A total of 39 million jobs were created in the tourism sector in FY20, which represented 8% of the country’s employment. By 2029, it will account for 53 million jobs.

Recent Initiatives:

• Swadesh Darshan Scheme 
• Dekho Apna Desh Initiative
• National Green Tourism Mission
• PRASAD scheme
• Buddhist Conclave

What are the Challenges Related to the Tourism Sector in India?

• Lacking in Infrastructure:
  • Tourists in India still face many infrastructure related problems like inadequate roads, water, sewer, hotels and telecommunications etc.
• Safety and security:
  • Safety and security of tourists, especially of the foreign tourists, is a major hurdle to tourism development. Attacks on foreign nationals raise questions about India’s ability to welcome tourists from far away countries.
• Lack of skilled manpower:
  • Lack of skilled manpower is another challenge to the Tourism Industry in India.
• Absence of basic amenities:
  • Absence of basic amenities like drinking water, well maintained toilets, first aid, cafeteria etc. at tourist places.
• Seasonality:
  • Seasonality in Tourism, with the busy season being limited to six months from October to March and heavy rush in November and December.

Way Forward

• Considering India’s rich heritage and culture, an unmatched variety of cuisine tourism can be a vehicle for enhancing India’s soft power and attracting foreign revenue.
  • India’s philosophy of ‘Vasudhaiva Kutumbakam’ sees the world as one family. It gives India an unwavering belief in multilateralism.
• There is a need to focus on inclusive growth of tourism by creating opportunities for marginalised sections of society including people living in remote areas.
• An extensive market research and evaluation exercise can be undertaken in order to identify desired tourist destinations across the country and major markets and segments.

Question For Practice

Q.1 How can the mountain ecosystem be restored from the negative impact of development initiatives and tourism? (UPSC 2019)

Q.2 The states of Jammu and Kashmir, Himachal Pradesh and Uttarakhand are reaching the limits of their ecological carrying capacity due to tourism. Critically evaluate. (UPSC 2015)

Syllabus: General Studies Paper 2

Why in News?

Out of 185 countries in the world, 77 have laws that clearly criminalise marital rape while there are 34 countries that explicitly decriminalise marital rape, or in essence, offer immunity to men who perpetrate rape against their wives.

• India, is one of the 34 countries that have decriminalised marital rape.

What is Indian Law on Marital Rape?

• Section 375 of the Indian Penal Code (IPC):
  • Section 375 of the IPC defines the acts that constitute rape by a man.
  • The provision, however, lays down two exceptions as well.
    • Apart from decriminalising marital rape, it mentions that medical procedures or interventions shall not constitute rape.
    • Exception 2 of Section 375 of the Indian Penal Code states that “sexual intercourse by a man with his wife, and if the wife not being under fifteen years of age, is not rape”.
  • Domestic Violence Act, 2005:
    • It hints at marital rape by any form of sexual abuse in a live-in or marriage relationship.
    • However, it only provides for civil remedies. There is no way for marital rape victims in India to initiate criminal proceedings against their perpetrator.

What is the History of the Marital Rape Law in India?

• Judiciary:
  • The Delhi High Court has been hearing arguments in the case since 2015.
  • In January 2022, two judges of the Delhi High Court started to hear petitions filed by individuals and civil society organisations challenging the exemption.
  • By May 2022, they had arrived at a controversial split verdict. One judge was in favour of criminalising marital rape as it violated a woman’s right to consent, while the other was against it, saying marriage “necessarily” implied consent.
  • The matter was pushed to the Supreme Court.
• Supreme Court:
  • In September 2022, a Supreme Court ruling on women’s right to safe abortions regardless of marital status held that for the purposes of the Medical Termination of Pregnancy Act, the definition of rape should include marital rape.
• Law Commission of India:
  • The need to remove the marital rape exception was rejected by the Law Commission of India in 2000, while considering several proposals to reform India’s laws on sexual violence.
• Justice JS Verma Committee:
  • In 2012, the Justice JS Verma Committee was tasked with proposing amendments to India’s rape laws.
  • While some of its recommendations helped shape the Criminal Law (Amendment) Act passed in 2013, some suggestions, including that on marital rape, were not acted on.
• Parliament:
  • The issue has been brought up in Parliament as well.
  • Upon being questioned in a Parliament session in 2015, the idea of criminalising marital rape was dismissed with the view that “marital rape cannot be applied in the country since marriage was treated as a sacrament or sacred in the Indian society”.
• Government’s Stand:
  • The Central Government initially defended the rape exception and later changed its stand and told the court that it was reviewing the law, and that “wider deliberations are required on the issue”.
  • The Delhi government argued in favour of retaining the marital rape exception.
    • The government’s arguments spanned from protecting men from possible misuse of the law by wives, to protecting the institution of marriage.

What are the Issues with Marital Rape Exception?

• Against Basic Rights of Women:
  • This exception clause violates the women’s fundamental right to equality, freedom of speech and expression, and most of all the right to life and personal liberty.
    • It also denies the agency over their own bodies to women.
  • Dismal State of Judicial System:
    • Some of the reasons for low rates of prosecution in the cases of marital rape in India include:
      • Low reporting of crimes due to societal conditioning and low legal awareness.
      • Inaccurate method of collection of National Crime Records Bureau (NCRB)
      • Out of court settlements due to the lengthy process of justice/lack of admissible proof.

How did the Exception on Marital Rape find its way into the IPC?

• British Colonial Rule:
  • The IPC was implemented in India during British colonial rule in 1860.
    • Under the first version of the rules, the marital rape exception was applicable to women over 10 years of age which was raised to 15 in 1940.
  • 1847 Draft of Lord Macaulay:
    • In January 2022, it was argued by amicus curiae (friend of the court) that the IPC is based on the 1847 draft of Lord Macaulay, the chairman of the First Law Commission established in colonial-era India.
      • The exception in the draft decriminalised marital rape without any age limit.
    • The provision is an age-old idea that implies consent by married women and protects the conjugal rights of the husband.
    • The idea of implied consent comes from the Doctrine of Hale, given by Matthew Hale, the then British Chief Justice, in 1736.
      • It states that a husband cannot be guilty of rape, since “by their mutual matrimonial consent and contract the wife has given up herself in this kind to the husband”.
    • Doctrine of Coverture:
      • According to the Doctrine of Coverture, a woman has no individual legal identity after marriage.
      • Notably, the Doctrine of Coverture found a mention during the hearing when the Supreme Court of India struck down adultery as a criminal offence in 2018.
        • It was held that Section 497,that classified adultery as a crime, is based on the Doctrine of Coverture.
      • This doctrine, although not recognised by the Constitution, holds that a woman loses her identity and legal rights with marriage, is violative of her fundamental rights.

How is Marital Rape Treated around the World?

• About:
  • The United Nations has urged countries to end marital rape by closing legal loopholes, saying that “the home is one of the most dangerous places for women”.
• Countries that Criminalises Marital Rape:
  • United States–From 1993, Marital Rape was criminalised in all 50 states of the US but laws differ from state to state.
  • United Kingdom–Marital rape has also been criminalised in the UK and those found guilty could be sentenced to life imprisonment.
  • South Africa- Marital rape has been illegal since 1993 in South Africa.
  • Canada–Marital Rape is punishable in Canada.
• Countries that Decriminalises Marital Rape:
  • Ghana, India, Indonesia, Jordan, Lesotho, Nigeria, Oman, Singapore, Sri Lanka and Tanzania expressly decriminalises marital rape of a woman or a girl by her husband.

What should be the Approach Moving Forward?

• Indian law now affords husbands and wives separate and independent legal identities, and much jurisprudence in the modern era is explicitly concerned with the protection of women.
  • Therefore, it is high time that the legislature should take cognisance of this legal infirmity and bring marital rape within the purview of rape laws by eliminating Section 375 (Exception 2) of IPC.
• There is a need for laws that clarify boundaries in how we relate to one another and uphold constitutional ideas of equality, dignity and bodily autonomy, alongside the unpleasant social realities about their limited use in practice.

Question For Practice

1. We are witnessing increasing instances of sexual violence against women in the country. Despite existing legal provisions against it, the number of such incidences is on the rise. Suggest some innovative measures to tackle this menace. (UPSC 2014)

Syllabus: General Studies Paper 2

Why in News?

Recently, the Parliamentary Standing Committee on Health and Family Welfare has recommended a ban on the sale of single sticks of cigarettes, in its report about Cancer Management, Prevention and Diagnosis.

What is the Need for Imposing a Ban?

• Cancerous:
  • Oral cancer accounts for the highest proportion of cancer cases in the country.
  • Tobacco consumption accounts for nearly 50% of all cancers, collectively referred to as tobacco-related cancers.
• Singles Stick are more Alluring:
  • Single sticks are more economical to acquire than a full pack of cigarettes.
  • A ban on single-stick sales will compel a potential consumer to buy the entire pack which may not be particularly economical, thus curbing potential experimentation and the scope for regular intake.
  • Moreover, a potential ban will also mean that the consumer would have to carry around the packet.
• Some Reports concern over Usage:
  • The World Health Organisation (WHO)has observed that all forms of tobacco are harmful, and there is no safe level of exposure to tobacco.
    • It also states that smoking cigarettes is the most common way of tobacco use worldwide.
  • The medical journal, Lancet noted in June 2020, that by 2030, 7 million of annual deaths from smoking are expected to be from low and middle-income countries.
• Highly Addictive:
  • Nicotine in tobacco products is highly addictive, and without cessation support only 4% of users who attempt to quit tobacco consumption will succeed, according to the WHO.

What are the Key Recommendations?

• Containing the Sale of Tobacco:
  • National Health Policy (2017) endeavours a relative reduction in current tobacco use by 30% in 2025, making it imperative that the government take effective measures to contain the sale of tobacco
  • To this effect, it recommends that the government prohibit the sale of single sticks of cigarettes and lay stringent penalties and fines on offenders.
• Abolishment of Smoking Areas:
  • The government should abolish all designated smoking areas in airports, hotels and restaurants in addition to encouraging a smoke-free policy in organizations.
• Revive Tax Increases:
  • India has the lowest prices for tobacco products and thus making them more accessible and it must be looked at to increase taxes on them.
  • The revenue acquired from additional taxation can be used for cancer prevention and awareness.
• Prohibition on Gutka:
  • Sought a ban on gutka and pan masala alongside a prohibition on their direct and indirect advertisement.
  • This is based on the observation that, in India, more than 80% of tobacco consumption is in the form of chewing tobacco with or without areca nut, aggressively marketed as a mouth freshener.

How Efficacious Can a Ban Be?

• Not Feasible Pan India Ban:
  • It is not practical to enforce a pan-India ban on the sale of loose cigarettes. It’s not feasible at all because of the scale of such small shops and stalls that sell cigarettes and tobacco products.
• May Create Routes for Illegal Cigarettes:
  • Only 8 % of the total tobacco is consumed as legal cigarettes. The remaining is consumed through 29 tax evasion-prone products such as bidis, chewing tobacco, khaini and illegal cigarettes.
    • According to Euromonitor International, the volume of illegal cigarettes in India was estimated to be at 26.8 billion sticks in 2021.In fact, India is the 4^th largest illicit cigarette market in the world.
  • Banning things only leads to taking the illegal route to acquiring them. And some of the cigarettes in the illegal market may be of even inferior quality thereby causing more damage to the well-being of an individual.
• Absence of vendor Licensing Regime:
  • Nonetheless, the proposed move will reduce consumption and sales, but the ban will not be very effective if the vendor licensing regime is not instituted.
  • The government must also consider instituting vendor licensing.
  • Because cigarettes would not be available everywhere, the potential for recurrence of the consumption would be reduced.

What are the Tobacco Control Measures in India?

• International Convention:
  • Governments adopt and implement the tobacco control provisions of the WHO Framework Convention on Tobacco Control (WHO FCTC).
  • It is the first international treaty negotiated under the auspices of the WHO.
  • It was adopted by the World Health Assembly on 21 May 2003 and entered into force on 27 February 2005.
• Cigarettes and Other Tobacco Products Act (COTPA), 2003:
  • Replaced the Cigarettes Act of 1975 (largely limited to statutory warnings- ‘Cigarette Smoking is Injurious to Health’ to be displayed on cigarette packs and advertisements. It did not include non-cigarettes).
  • The 2003 Act also included cigars, bidis, cheroots, pipe tobacco, hookah, chewing tobacco, pan masala, and gutka.
• National Tobacco Control Programme (NTCP), 2008:
  • Objective: To control tobacco consumption and minimize tobacco consumption related deaths
  • Activities: Training and capacity building; information, education, and communication (IEC) activities; tobacco control laws; reporting survey and surveillance and tobacco cessation
• Cigarettes and other Tobacco Products (Packaging and Labelling) Amendment Rules, 2020:
  • It was mandated that the specified health warning shall cover at least 85% of the principal display area of the package.
  • Of this, 60% shall cover pictorial health warning and 25% shall cover textual health warning.
• mCessation Programme:
  • It is an initiative using mobile technology for tobacco cessation.
  • India launched mCessation using text messages in 2016 as part of the government’s Digital India initiative.
    • It uses two-way messaging between the individual seeking to quit tobacco use and programme specialists providing them dynamic support.
  • Prevention and Control of Pollution Act of 1981– Recognized smoking as an air pollutant.
  • Cable Television Networks Amendment Act of 2000-Prohibited the transmission of advertisements on tobacco and liquor in India.
  • The Government of India has issued regulations under the Food Safety and Standards Act 2006which lay down that tobacco or nicotine cannot be used as ingredients in food products.
  • 31^stMay is observed as ‘World No Tobacco Day’ every year to spread awareness about the deadly effects of tobacco consumption.

Way Forward

• There is a need for comprehensive tobacco control policy, accessible and affordable cessation services strengthening the implementation of COTPA, alternative opportunities for people engaged in tobacco cultivator, processing and manufacturing.
• The proportion of buying loose cigarettes decreased with increased levels of education and awareness. Enhancing public awareness through campaigns, educational programs in schools, strong and prominent graphic health warnings.