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Essential Medicines

Why in News India’s drug pricing regulator, National Pharmaceutical Pricing Authority (NPPA), has allowed an increase in the maximum retail...

14 Dec 2019 News Analysis
Accessible India Campaign

Why in News The deadline for the government’s Accessible India Campaign (AIC) has been extended to March 2020 due to slow progress. AIC is...

14 Dec 2019 News Analysis
Medical Devices In India

Introduction The medical device industry is a unique blend of engineering and medicine. It involves the creation of machines that are used to...

13 Dec 2019 Paper 2
Medical Devices In India

For...

13 Dec 2019 Paper 2
PRS Capsule November 2019

Key Highlights of PRS Economy Chit Funds (Amendment) Bill, 2019 International Financial Services Authority Bill 15th Finance Commission Gets...

13 Dec 2019 PRS Capsule
Climate Diplomacy for India

This article is based on ‘Time to Practice Climate Change Diplomacy in India’s Neighborhood’ which was published in The Diplomat...

13 Dec 2019 News Editorials
Mullaperiyar Dam

Why in News The Ministry of Jal Shakti has constituted a three-member Supervisory Committee to settle the issue of Mullaperiyar dam between Kerala...

13 Dec 2019 News Analysis
National Financial Reporting Authority

The National Financial Reporting Authority (NFRA) was constituted on 1st October, 2018 by the Government of India under section 132 (1) of the...

13 Dec 2019 News Analysis
Kuchipudi Dance Form

Kuchipudi is one of the 8 classical dance forms of India. The dance form has emerged from a popular theatrical art ‘Kuchipudi...

13 Dec 2019 News Analysis
Contraction in Index of Industrial Production

Why in News According to the data released by the Ministry of Statistics and Programme Implementation (MoSPI), the quick estimates of Index of...

13 Dec 2019 News Analysis
Samagra Shiksha

Why in News Ministry of Human Resource Development is implementing the Scheme of Vocationalisation of School Education. Under the scheme, a...

13 Dec 2019 News Analysis
India’s Trade: Challenges and Opportunities

This article is based on “India’s bane is its non-competitiveness”, which was published in The Hindu BusinessLine on 11/12/2019....

12 Dec 2019 News Editorials
Insolvency and Bankruptcy Code

For...

12 Dec 2019 Paper 3
Insolvency and Bankruptcy Code

Why in News The Union Cabinet has approved the proposal to make amendments in the Insolvency and Bankruptcy Code (IBC), 2016, through the Insolvency...

12 Dec 2019 Paper 3
Shore Temple

Why in News The shoreline on the northern side of the Shore temple in Mamallapuram, Tamil Nadu is facing severe sea erosion. Shore Temple is...

12 Dec 2019 News Analysis
Subramaniya Bharathi

Why in News The Prime Minister of India paid tribute to poet-reformer Subramania Bharathi on his 137th birth anniversary, describing him as a symbol...

12 Dec 2019 News Analysis
Citizenship (Amendment) Bill, 2019

Why in News The Parliament has passed the Citizenship (Amendment) Bill (CAB), 2019. The Bill seeks to grant Indian Citizenship to persons...

12 Dec 2019 News Analysis
Taj Trapezium Zone

Why in News Recently, the Supreme Court has permitted Northern Railways to cut over 400 trees in the Taj Trapezium Zone (TTZ) for construction of an...

12 Dec 2019 News Analysis
Heavy Metals Contaminating India’s Rivers

Why in News Recently, the Central Water Commission (CWC) has reported that the samples from two-thirds of the water quality stations spanning...

12 Dec 2019 News Analysis
Retributive Justice

This article is based on “Demonising the legal system won’t help” which was published in The Hindu on 09/12/2019. It highlights...

11 Dec 2019 News Editorials

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			'title' => 'Essential Medicines',
			'catname' => 'News Analysis',
			'desc' => '<h3>Why in News</h3>
<p>India&rsquo;s drug pricing regulator, <strong>National Pharmaceutical Pricing Authority (NPPA),</strong> has allowed an increase in the maximum retail prices of 21 drugs currently under price control by as much as 50%.</p>
<ul style="list-style-type: square;">
<li>The decision has been taken by invoking<strong> paragraph 19 of the Drug Prices Control Order (DPCO), 2013</strong> which until now has been used only to reduce the prices of stents and knee implants.</li>
<li>Most of these drugs are used as the first line of treatment and are crucial to the public health program of the country.</li>
<li>The decision by the NPPA will apply to formulations like the BCG vaccine for tuberculosis, vitamin C, antibiotics like metronidazole and benzylpenicillin, antimalarial drug chloroquine and leprosy medication dapsone.</li>
</ul>
<div class="border-bg">
<p><strong>Drug Prices Control Order, 2013</strong></p>
<ul style="list-style-type: square;">
<li>Under the provisions of DPCO 2013, only the prices of drugs that figure in the <a href="/daily-updates/daily-news-analysis/medical-%20device-margins-to-be-capped" target="_blank" rel="noopener"><strong>National List of Essential Medicines (NLEM)</strong></a> are monitored and controlled by the regulator, the National Pharmaceutical Pricing Authority. <br />
<ul style="list-style-type: circle;">
<li>Essential medicines are those that satisfy the priority healthcare needs of the majority of the population. The primary purpose of NLEM is to promote rational use of medicines considering the three important aspects i.e. cost, safety and efficacy.</li>
</ul>
</li>
<li>Paragraph 19 of the DPCO, 2013, deals with <strong>increase or decrease in drug prices under extraordinary circumstances.</strong> However, there is neither a precedent nor any formula prescribed for upward revision of ceiling prices.</li>
</ul>
</div>
<h3>Background</h3>
<ul style="list-style-type: square;">
<li>Manufacturers have been citing <strong>difficulties in supplying these drugs</strong> and many companies even have applied for discontinuation of the product on account of unviability.</li>
<li>NPPA has been receiving applications for upward price revision under para 19 of DPCO, 2013, since last two years citing reasons like &ldquo;increase in <strong>Active Pharmaceutical Ingredient - API (key ingredient) cost,</strong> increase in cost of production, exchange rates etc. resulting in unviability in sustainable production and marketing of the drugs.</li>
<li><strong>India is dependent on China for over 60% of its API requirement,</strong> higher API costs for price-controlled medicines reduce profits and sometimes even make production of these drugs unviable in India. For instance, the cost of ingredients to make vitamin C went up as much as 250%, leading to a 25-30% shortage of this drug in India in 2019.</li>
</ul>
<h3>Key Points</h3>
<ul style="list-style-type: square;">
<li>The decision has been taken to ensure that the<strong> life saving essential drugs must remain available</strong> to the general public at all times. This is to avoid a situation where these drugs become unavailable in the market and the public is forced to switch to costly alternatives.</li>
<li>This is the first time the NPPA &mdash; which is known to slash prices of essential and life-saving medicines &mdash; is increasing prices in public interest.</li>
</ul>
<p>On a longer term, <strong>India needs to build capabilities to manufacture the key ingredients</strong> for these medicines.</p>
<p><a href="https://indianexpress.com/article/india/in-a-first-regulator-hikes-prices-of-essential-drugs-6166019/" target="_blank" rel="noopener"><strong>Source: IE</strong></a></p>',
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			'url' => 'https://www.drishtiias.com/daily-updates/daily-news-analysis/essential-medicines'
		],
		(int) 1 => [
			'title' => 'Accessible India Campaign',
			'catname' => 'News Analysis',
			'desc' => '<h3>Why in News</h3>
<p>The deadline for the government&rsquo;s <strong>Accessible India Campaign (AIC)</strong> has been extended to March 2020 due to slow progress.</p>
<ul style="list-style-type: square;">
<li>AIC is the nationwide flagship campaign of the Department of Empowerment of Persons with Disabilities (DEPwD), <strong>Ministry of Social Justice and Empowerment.</strong></li>
<li>The aim of the Campaign is to make a <strong>barrier-free and conducive environment for Divyangjans</strong> (Persons with Disabilities - PwDs) all over the country.</li>
</ul>
<p><a href="http://www.drishtiias.com/images/uploads/1576306605_image1.jpg" target="_blank" rel="noopener"><img class="content-img" src="http://www.drishtiias.com/images/uploads/1576306605_image1.jpg" width="656" height="328" style="display: block; margin-left: auto; margin-right: auto;" caption="false" /></a></p>
<h3>Accessible India Campaign</h3>
<ul style="list-style-type: square;">
<li><strong>Launched by</strong> the Prime Minister of India on International Day of Persons with Disabilities on 3rd December 2015.</li>
<li><strong>Background</strong><br />
<ul style="list-style-type: circle;">
<li><strong>Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995</strong> categorically provided for non-discrimination in transport and in the built environment. <br />
<ul style="list-style-type: disc;">
<li>It needs to be noted that <a href="/daily-updates/daily-news-analysis/status-on-implementation-of-the-rights-of-persons-with-disabilities-act-2016" target="_blank" rel="noopener"><strong>the Rights of Persons with Disabilities Act, 2016</strong></a> replaced the PwD Act, 1995.</li>
</ul>
</li>
<li><strong>United Nations Convention on the Rights of Persons with Disabilities (UNCRPD),</strong> to which <strong>India is a signatory,</strong> under Article 9 casts obligations on the Governments for ensuring to PwDs accessibility to (a) Information, (b) Transportation, (c) Physical Environment, (d) Communication Technology and (e) Accessibility to Services as well as emergency services.</li>
</ul>
</li>
<li><strong>Three Components of AIC</strong><br />
<ul style="list-style-type: circle;">
<li>Built Environment Accessibility</li>
<li>Transportation System Accessibility</li>
<li>Information and Communication Eco-System Accessibility</li>
</ul>
</li>
<li><strong>Targets entailed under the three components</strong><br />
<ul style="list-style-type: circle;">
<li>Making 50% of all the government buildings of National Capital and all the State capitals fully accessible by December 2018.</li>
<li>Completing accessibility audit of 50% of government buildings and making them fully accessible in 10 most important cities/towns of States by December 2019.</li>
<li>Ensuring that 50% of railway stations in the country are converted into fully accessible railway stations by March 2018.</li>
<li>Ensuring that 25% of Government owned public transport carriers in the country are converted into fully accessible carriers by March 2018.</li>
<li>Conducting accessibility audit of 50% of all government (both Central and State Governments) websites and converting them into fully accessible websites by March 2017.</li>
</ul>
</li>
</ul>
<p><a href="https://www.thehindu.com/news/national/targets-missed-accessible-india-campaigns-deadline-extended/article30300230.ece" target="_blank" rel="noopener"><strong>Source: TH</strong></a></p>',
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		],
		(int) 2 => [
			'title' => 'Medical Devices In India',
			'catname' => 'Paper 2',
			'desc' => '<h3>Introduction</h3>
<ul style="list-style-type: square;">
<li>The medical device industry is a unique blend of engineering and medicine. It involves the creation of machines that are used to support life within the human body.</li>
<li>Medical devices include&nbsp;<strong>Surgical Equipment, Diagnostic equipment</strong> like Cardiac imaging, CT scans, X-ray, Molecular Imaging, MRI and Ultrasound-imaging including hand - held devices; <strong>Life Support equipment</strong> like ventilator, etc. as well as <strong>Implants</strong> and <strong>Disposables.</strong></li>
<li>Medical devices, unlike pharmaceuticals, are dependent on a mix of technologies such as engineering, electronics, material sciences and information technology.</li>
</ul>
<h3>Medical Devices Sector in India</h3>
<ul style="list-style-type: square;">
<li>Medical devices sector in India <strong>is very small in size</strong> as compared to the rest of the manufacturing industry, though India is one of the top twenty markets for medical devices in the world and is the <strong>4<sup>th</sup> largest market</strong> in Asia after Japan, China, and South Korea.</li>
<li>India currently <strong>imports 80-90% of medical devices</strong> of the $15 billion market, the vast majority of which are unregulated for quality and safety.</li>
</ul>
<h3>Factors Driving the Growth of Medical Devices Sector</h3>
<ul style="list-style-type: square;">
<li><strong>Market Factors&ndash;</strong> Growing population, ageing, income base and associated disposable income, increasing socio-economic inclusion of rural and deprived in mainstream economy, heightened manufacturing innovation to create customized products to meet the needs of all income segments, changing disease prevalence pattern (e.g. early onset of diabetes and heart diseases) and growing awareness among the middle class to focus on early detection and disease prevention.</li>
<li><strong>Non-market Factors&ndash;</strong> Development of infrastructure, favorable regulations, FDI inflow, outsourcing of manufacturing and R&amp;D activities to India, government initiatives to improve healthcare access through insurance schemes such as Rashtriya Swasthya Bima Yojana (RSBY), Aarogyasri, etc.</li>
</ul>
<h3>Issues Regarding Medical Devices Sector in India</h3>
<ul style="list-style-type: square;">
<li><strong>Underdeveloped:</strong> The industry is still at a nascent stage with sub-optimal penetration and usage of medical devices. This demands innovation and R&amp;D from the medical device industry in order to push for indigenisation.</li>
<li><strong>Regulatory Loopholes/deficit:</strong> The lack of regulatory systems, harmonized standards, accreditation, legal requirements, proper guidance on quality and best practices etc. are affecting the medical devices industry adversely. <br />
<ul style="list-style-type: circle;">
<li>Medical devices continue to be under the <strong>Drugs and Cosmetics Act 1940</strong> and industry representatives are pushing for a comprehensive regulation that views medical devices separately, through the entire life-cycle of the product, from design to tests on patients, incorporating doctor feedback, and surveillance of patients in whom the implants are used, etc.</li>
<li>The four draft notifications issued by the health ministry recently has notified all medical devices as &lsquo;medicines&rsquo; under the Drugs Act from December 2019.</li>
<li>However, experts and device manufacturers are demanding to bring a separate law, Medical Devices Act, to regulate the medical devices industry in India. At present only 24 out of over 6,000 devices are regulated.</li>
<li>The Drugs Act itself needs reforms as it does not uniformly and equitably regulate quality from state-to-state in the absence of a national singular regulatory authority. The recent J&amp;J episode showed the limitations of the Drugs Act and the Drugs Controller was seen to be handicapped to discipline overseas manufacturers.</li>
<li>Presently, India does not have any legal provisions to compensate patients facing health problems due to implants or the use of faulty medical devices. Under the law, companies are liable to pay compensation only when something goes wrong during a clinical trial.</li>
<li>The <strong>Johnson and Johnson&rsquo;s faulty hip implant device case</strong> is symptomatic of the failure of regulatory mechanisms to counter corporate forgery, lack of administrative accountability, breach of business/medical ethics of big pharma, and the lack of consumer/patient awareness.</li>
</ul>
</li>
<li>Investors shy away from an unpredictable, incomplete and incorrect regulatory environment. In the absence of norms, domestic manufacturing suffers as a surgeon is unsure of trying an unregulated device from a startup on a patient.</li>
</ul>
<h3>Major Recommendations of Task Force on the Medical Devices Sector In India (2015)</h3>
<ul style="list-style-type: square;">
<li><strong>Formulate &ldquo;Medical Device Regulatory Act&rdquo;:</strong> Medical devices should be treated distinctly from drugs and a separate chapter for medical devices should be made in the existing Drugs &amp; Cosmetics Act.</li>
<li><strong>Create necessary bodies to drive the policies:</strong> Set up an independent body with a permanent office and support staff to promote and facilitate the medical device industry with representatives from all related government departments as well as Industry.</li>
<li>Department of Pharmaceuticals should be strengthened and rechristened as the Department of Pharmaceuticals and Medical Devices.</li>
<li><strong>Preferential treatment in government procurement:</strong> Preference may be given to medical devices that are being manufactured in India with an additional preference for medical devices manufactured under the MSME sector.</li>
<li>Medical device testing centers should be set up preferably in the PPP model.</li>
<li>Designate &ldquo;Centers of Excellence&rdquo; (CoE) for supporting product development and validation.</li>
<li>Set up a Skill development committee with representatives from the Medical devices industry, academia (NIPERs) and Healthcare Sector Skill Council (HSSC) under the National Skill Development Council (NSDC).</li>
<li>Separate price control order for medical devices.</li>
</ul>
<p><a href="http://www.drishtiias.com/images/uploads/1576238418_image1.png" target="_blank" rel="noopener"><img class="content-img" src="http://www.drishtiias.com/images/uploads/1576238418_image1.png" width="485" height="522" style="display: block; margin-left: auto; margin-right: auto;" caption="false" /></a></p>
<h3>Recent Government Steps</h3>
<ul style="list-style-type: square;">
<li>The government has approved setting up <strong>four medical device parks</strong> with a view to support Make in India initiative and provide world-class treatment at affordable prices. The parks will be set up in Andhra Pradesh, Telangana, Tamil Nadu and Kerala. Uttarakhand and Gujarat have also approached the Centre for such parks.<br />
<ul style="list-style-type: circle;">
<li>These parks will provide the necessary infrastructure, where companies can easily plug and play.</li>
<li>This will not only cut import bills but will also help in easy access to standard testing facilities and reduce the cost of production.</li>
</ul>
</li>
<li>Government of India in November 2018 approved formula for determination of<strong> compensation for those patients who had received</strong> (prior to August 2010) <strong>faulty</strong> Articular Surface Replacement (ASR) <strong>hip implants</strong> manufactured<strong> by</strong> M/s. DePuy International Limited, U.K (M/S <strong>Johnson &amp; Johnson</strong> Pvt Ltd).<br />
<ul style="list-style-type: circle;">
<li>New provisions will be added to the Drugs and Cosmetics Act to introduce a compensation plan for faulty medical devices having adverse impacts on patients.</li>
</ul>
</li>
</ul>
<h3>Conclusion</h3>
<ul style="list-style-type: square;">
<li>There is a difference between medical devices and drugs so it would be a grave mistake to apply the same regulatory framework for both of them. A targeted and different approach is needed to regulate these complex devices.</li>
<li>Medical devices sector, being a critical sector dealing with human lives, needs to be given sufficient attention on an urgent basis to make the sector effective and transparent with the aim to make healthcare devices affordable and accessible to the masses.</li>
<li>India being a large market for medical devices should tap the potential generated by the Medical Devices Industry by strengthening its domestic framework that would greatly help in realising the vision of &ldquo;Make in India&rdquo;.</li>
</ul>
<p><a href="/mind-map/gs-paper2/medical-devices-in-india-mindmap" target="_blank" rel="noopener"><em>For Mind Map</em></a></p>',
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			'url' => 'https://www.drishtiias.com/to-the-points/Paper2/medical-devices-in-india-1'
		],
		(int) 3 => [
			'title' => 'Medical Devices In India',
			'catname' => 'Paper 2',
			'desc' => '<p><a href="http://www.drishtiias.com/images/uploads/1577359169_Medical%20Devices In India (Mind Map).png" target="_blank" rel="noopener"><img class="content-img" src="http://www.drishtiias.com/images/uploads/1577359169_Medical Devices In India (Mind Map).png" width="454" height="1389" style="display: block; margin-left: auto; margin-right: auto;" /></a></p>
<p style="text-align: center;"><a href="/to-the-points/Paper2/medical-devices-in-india-1" target="_blank" rel="noopener"><em>For TTP</em></a></p>',
			'postdate' => object(Cake\I18n\FrozenTime) {},
			'url' => 'https://www.drishtiias.com/mind-map/gs-paper2/medical-devices-in-india-mindmap'
		],
		(int) 4 => [
			'title' => 'PRS Capsule November 2019',
			'catname' => 'PRS Capsule',
			'desc' => '<p><em><strong>Key Highlights of PRS</strong></em></p>
<ul style="list-style-type: square;">
<li><a href="#1">Economy</a>
<ul style="list-style-type: circle;">
<li><a href="#2">Chit Funds (Amendment) Bill, 2019</a></li>
<li><a href="#3">International Financial Services Authority Bill</a></li>
<li><a href="#4">15<sup>th</sup> Finance Commission Gets One-year Extension</a></li>
<li><a href="#5">Regulatory Sandbox</a></li>
<li><a href="#6">RBI Revises Liquidity Risk Management Framework for NBFCs</a></li>
<li><a href="#7">The Industrial Relations Code, 2019</a></li>
<li><a href="#8">Company Law Committee Releases Report</a></li>
<li><a href="#9">TRAI releases recommendations on platform services by DTH operators</a></li>
<li><a href="#10">Steel Scrap Recycling Policy</a></li>
<li><a href="#11">Recycling of Ships Bill, 2019</a></li>
</ul>
</li>
<li><a href="#12">Polity</a>
<ul style="list-style-type: circle;">
<li><a href="#13">The Transgender Persons (Protection of Rights) Bill, 2019</a></li>
<li><a href="#14">Restructuring of Tribunals</a></li>
<li><a href="#15">Chief Justice of India under the Right to Information Act, 2005</a></li>
<li><a href="#16">Supreme Court upholds disqualification of 17 Karnataka MLAs</a></li>
<li><a href="#17">The Surrogacy (Regulation) Bill, 2019</a></li>
<li><a href="#18">Arms (Amendment) Bill, 2019</a></li>
<li><a href="#19">Dadra and Nagar Haveli and Daman and Diu (Merger of Union Territories) Bill, 2019</a></li>
</ul>
</li>
<li><a href="#20">Culture</a>
<ul style="list-style-type: circle;">
<li><a href="#21">The Jallianwala Bagh National Memorial (Amendment) Bill, 2019</a></li>
</ul>
</li>
<li><a href="#22">External Affairs</a>
<ul style="list-style-type: circle;">
<li><a href="#23">11<sup>th</sup> BRICS summit</a></li>
</ul>
</li>
</ul>
<h2 id="1">Economy</h2>
<h3 id="2">Chit Funds (Amendment) Bill, 2019</h3>
<p><a href="/daily-updates/daily-news-analysis/chit-funds-amendment-bill-2019" target="_blank" rel="noopener"><strong>Chit Funds (Amendment) Bill, 2019</strong></a> has been passed by the Parliament. The Bill seeks to amend the Chit Funds Act, 1982. The Act regulates chit funds and prohibits a fund from being created without prior sanction of the state government.</p>
<p><strong>Chit Fund</strong></p>
<ul style="list-style-type: square;">
<li>Under a chit fund, people agree to pay a certain amount from time to time into a fund. Periodically, one of the subscribers is chosen by drawing a chit to receive the prize amount from the fund.</li>
</ul>
<p><strong>Key Features of the Bill</strong></p>
<ul style="list-style-type: square;">
<li><strong>Names for a Chit Fund:</strong> The Act specifies various names which may be used to refer to a chit fund.
<ul style="list-style-type: circle;">
<li>These include chit, chit fund, and kuri.</li>
<li>It additionally inserts<strong> &lsquo;fraternity fund&rsquo;</strong> and <strong>&lsquo;rotating savings and credit institution&rsquo;</strong> to this list.</li>
</ul>
</li>
<li><strong>Presence of Subscribers through Video-Conferencing:</strong> The Act specifies that a chit will be drawn in the presence of at least two subscribers.
<ul style="list-style-type: circle;">
<li>The Bill seeks to allow these subscribers to join via video-conferencing.</li>
</ul>
</li>
<li><strong>Foreman&rsquo;s Commission:</strong> The &lsquo;foreman&rsquo; is responsible for managing the chit fund. He is entitled to a maximum commission of 5% of the chit amount.
<ul style="list-style-type: circle;">
<li>The Bill seeks to increase the commission to 7%.</li>
<li>Further, the Bill allows the foreman a right to lien against the credit balance from subscribers.</li>
</ul>
</li>
<li><strong>Aggregate Amount of Chits:</strong> Under the Act, chits may be conducted by firms, associations or individuals.
<ul style="list-style-type: circle;">
<li>The Act specifies the maximum amount of chit funds which may be collected.</li>
</ul>
</li>
<li><strong>Application of the Act:</strong> Currently, the Act does not apply to: (i) any chit started before it was enacted, and (ii) any chit (or multiple chits being managed by the same foreman) where the amount is less than Rs 100.
<ul style="list-style-type: circle;">
<li>The Bill removes the limit of Rs 100 and allows the state governments to specify the base amount over which the provisions of the Act will apply.</li>
</ul>
</li>
</ul>
<div class="border-bg">
<p><strong>Lien</strong></p>
<ul style="list-style-type: square;">
<li>A lien is a claim or legal right against assets that are typically used as collateral to satisfy a debt.</li>
<li>If the underlying obligation is not satisfied, the creditor may be able to seize the asset that is the subject of the lien.</li>
</ul>
</div>
<h3 id="3">International Financial Services Authority Bill</h3>
<p>The Bill provides for the establishment of an Authority to develop and regulate the financial services market in the International Financial Services Centres in India.</p>
<p><strong>Key features of the Bill</strong></p>
<ul style="list-style-type: square;">
<li><strong>Coverage:</strong> The Bill will apply to all <a href="/daily-updates/daily-news-analysis/international-financial-services-centres-authority-bill-2019" target="_blank" rel="noopener"><strong>International Financial Services Centres</strong> </a>(IFSCs) set up under the Special Economic Zones Act, 2005.</li>
<li><strong>Constitution of the International Financial Services Centres Authority:</strong> The Bill sets up the International Financial Services Centres Authority.
<ul style="list-style-type: circle;">
<li>The Authority will consist of nine members (including a chairperson), appointed by the central government.</li>
<li>Members of the Authority will include representation from the RBI, SEBI, the Insurance Regulatory and Development Authority of India, the Pension Fund Regulatory Development Authority, and the Ministry of Finance.</li>
</ul>
</li>
<li><strong>Functions of the Authority include:</strong>
<ul style="list-style-type: circle;">
<li>Regulating financial products (such as securities, deposits or contracts of insurance), financial services, and financial institutions in an IFSC which have been approved by any regulator (such as the RBI or SEBI), before the enactment of this Act.</li>
<li>Regulating any other financial products, financial services, or financial institutions in an IFSC, which may be notified by the central government.</li>
<li>Recommending to the central government, any other financial services, products, or financial institutions which may be permitted in an IFSC.</li>
</ul>
</li>
<li><strong>International Financial Services Centres Authority Fund:</strong> The Bill sets up the International Financial Services Centres Authority Fund.
<ul style="list-style-type: circle;">
<li>Grants, fees and charges received by the Authority and sums received by the Authority from various sources will be credited to the Fund.</li>
</ul>
</li>
<li><strong>Transaction in foreign currency:</strong> As per the Bill, all transactions of financial services in IFSCs will be in such foreign currency as specified by the Authority, in consultation with the central government.</li>
</ul>
<h3 id="4">15<sup>th</sup> Finance Commission Gets One-year Extension</h3>
<p>The President extended the period of the 15<sup>th</sup> Finance Commission (the period for which it is required to give its recommendations) by one year, from 2020-25 to 2020-26.</p>
<ul style="list-style-type: square;">
<li>Earlier, the Commission was required to submit its report by November 2019, consisting of recommendations for the period 2020-21 to 2024-25.</li>
<li>This extension was given, due to the <a href="/current-affairs-news-analysis-editorials/news-analysis/05-08-2019#2719" target="_blank" rel="noopener"><strong>change in the status of Jammu &amp; Kashmir&rsquo;s statehood</strong></a> as the Fifteenth Finance Commission will have to rework its calculations for interstate distribution of central resources among different states.</li>
</ul>
<h3 id="5">Regulatory Sandbox</h3>
<p>The <a href="/important-institutions/drishti-specials-important-institutions-national-institutions/important-institutions-national-institution-reserve-bank-of-india" target="_blank" rel="noopener"><strong>Reserve Bank of India (RBI)</strong> </a>had released the enabling framework for <a href="/daily-updates/daily-news-analysis/sandbox-for-fintech" target="_blank" rel="noopener"><strong>regulatory sandbox</strong></a> in August 2019.</p>
<ul style="list-style-type: square;">
<li>The sandbox provides an environment which allows market participants to test new products, services or business models with customers in a controlled environment.</li>
<li>RBI has called for applications for the following products/services under the above theme:
<ul style="list-style-type: circle;">
<li>Offline payment solutions</li>
<li>Contactless payments</li>
<li>Feature phone-based payment services</li>
</ul>
</li>
</ul>
<h3 id="6">RBI Revises Liquidity Risk Management Framework for NBFCs</h3>
<p>RBI issued final guidelines on the <a href="/daily-updates/daily-news-analysis/nbfc-liquidity-norms" target="_blank" rel="noopener"><strong>asset-liability management and liquidity coverage ratio framework</strong></a> for Non-Banking Financial Companies (NBFCs).</p>
<div class="border-bg">
<p><strong>NBFC</strong></p>
<ul style="list-style-type: square;">
<li>An NBFC is a company which engages in the acquisition of government securities and shares, and business of loans or advances.</li>
<li>It does not accept demand deposits and cannot issue payment instruments.</li>
<li>Further, more than half of its assets should comprise of financial assets (investment in equity shares, securities or loans).</li>
<li>Category 1 NBFCs include all deposit-taking NBFCs and non-deposit taking with an asset size of Rs 10,000 crore and above.</li>
<li>Category 2 NBFCs include non-deposit taking NBFCs with an asset size between Rs 5,000 crore and Rs 10,000 crore.</li>
</ul>
</div>
<p><strong>Liquidity Risk management Framework</strong></p>
<ul style="list-style-type: square;">
<li>It aims to ensure adequate liquidity (NBFCs capacity to meet unexpected cash and collateral obligations without incurring unacceptable losses).</li>
<li>This is done through high-quality liquid assets (assets that can be readily sold or converted to cash, or used as collateral to obtain funds in the situation of stress).</li>
<li>The revised guidelines have also introduced the Liquidity Coverage Ratio (LCR) as an added measure for liquidity risk management for certain categories of NBFCs.</li>
<li>As per the guidelines, all public deposits taking NBFCs and non-deposit taking (with an asset size of Rs 5,000 crore and above) will have to maintain a minimum LCR, in order to sustain acute liquidity stress scenarios (stress lasting for 30 days).
<ul style="list-style-type: circle;">
<li>LCR is the ratio of the stock of high-quality liquid assets to the total cash outflows of the NBFC, for a period of 30 days.</li>
</ul>
</li>
<li>These requirements would be binding on the NBFCs from December 1, 2020.</li>
</ul>
<h3 id="7">The Industrial Relations Code, 2019</h3>
<p>The Industrial Relations Code, 2019 was introduced in Lok Sabha. It seeks to replace three labour laws:</p>
<ul style="list-style-type: square;">
<li>The Industrial Disputes Act, 1947</li>
<li>The Trade Unions Act, 1926</li>
<li>The Industrial Employment (Standing Orders) Act, 1946.</li>
</ul>
<p>Key features of the Bill include:</p>
<ul style="list-style-type: square;">
<li><strong>Trade unions:</strong>
<ul style="list-style-type: circle;">
<li>Under the Code, seven or more members of a trade union can apply to register it.</li>
<li>Trade unions that have a membership of at least 10% of the workers or 100 workers, whichever is less, will be registered.</li>
<li>Further, the central or state government may recognise a trade union or a federation of trade unions as Central or State Trade Unions respectively.</li>
</ul>
</li>
<li><strong>Negotiating unions:</strong>
<ul style="list-style-type: circle;">
<li>The Code provides for a negotiation union in an industrial establishment for negotiating with the employer.</li>
<li>If there is only one trade union in an industrial establishment, then the employer is required to recognise such trade union as the sole negotiating union of the workers.</li>
<li>In case of multiple trade unions, the trade union with the support of at least 75% of workers will be recognised as the negotiating union by the government.</li>
</ul>
</li>
<li><strong>Lay-off and retrenchment:</strong>
<ul style="list-style-type: circle;">
<li>The Code defines lay-off as the inability of an employer, due to shortage of coal, power, or breakdown of machinery, from giving employment to a worker. It also provides for employers to terminate the services of a worker, i.e., retrenchment.</li>
<li>Employers of industrial establishments with at least 100 workers are required to take prior permission of the central or state government before lay-off, retrenchment or closure of an establishment.</li>
<li>The central or state government can modify this threshold number of workers by notification. Any person who contravenes this provision is punishable with a fine between one lakh rupees and Rs 10 lakh.</li>
</ul>
</li>
<li><strong>Resolution of industrial disputes:</strong>
<ul style="list-style-type: circle;">
<li>The central or state governments may appoint conciliation officers to mediate and promote settlement of industrial disputes.</li>
<li>These officers will investigate the dispute and hold conciliation proceedings to arrive at a fair and amicable settlement of the dispute.</li>
<li>If no settlement is arrived at, then any party to the dispute can make an application to an Industrial Tribunal set up under the Code.</li>
</ul>
</li>
</ul>
<h3 id="8">Company Law Committee Releases Report</h3>
<p>The <a href="/daily-updates/daily-news-analysis/committee-to-review-the-offences-under-the-companies-act" target="_blank" rel="noopener"><strong>Company Law Committee</strong> </a>headed by Mr. Injeti Srinivas submitted its report to the Ministry of Corporate Affairs.</p>
<ul style="list-style-type: square;">
<li>The Committee made recommendations to the government about the re-categorisation of certain criminal offences in the Companies Act, 2013. It also suggested certain other changes to facilitate the ease of doing business.</li>
</ul>
<p><strong>Key observations and recommendations include:</strong></p>
<ul style="list-style-type: square;">
<li><strong>Rationale for re-categorisation:</strong> The Committee observed that a balance must be struck between civil and criminal sanctions when dealing with corporate conduct.</li>
<li>Serious violations of the law, especially wrongful conduct involving fraudulent elements, should be dealt with under criminal law. However, procedural, technical, and minor non-compliance may be dealt with through civil jurisdiction.</li>
<li><strong>Offences to be omitted or dealt with under alternative frameworks:</strong> The Committee believed that certain offences could be dealt with through other laws or alternative mechanisms. It recommended that seven offences be omitted.
<ul style="list-style-type: circle;">
<li>These offences may be omitted from the Act. These include those relating to noncompliance with National Company Law Tribunal orders regarding failure to redeem debentures.</li>
<li>The Committee also recommended that five offences be dealt with under alternative frameworks such as the Insolvency and Banking Code.</li>
<li>These offences included those relating to noncooperation of promoters or directors with the company liquidator.</li>
</ul>
</li>
<li><strong>Offences restricted to fine only:</strong> The Committee noted that certain offences were severe enough to warrant criminal liability but not necessitate incarceration.
<ul style="list-style-type: circle;">
<li>The imposition of a penalty as punishment would suffice. These offences included those relating to non-compliance of companies with charitable objects (such as the promotion of social welfare) with the requirements imposed on them.</li>
</ul>
</li>
<li><strong>Ease of living related changes:</strong> The Committee suggested certain changes relating to improving the ease of living in the country for corporates.
<ul style="list-style-type: circle;">
<li>These include enabling the centre to enhance limits on Corporate Social Responsibility obligation thresholds to help improve CSR compliance.</li>
</ul>
</li>
</ul>
<h3 id="9">TRAI releases recommendations on platform services by DTH operators</h3>
<p>TRAI has released recommendations on platform services offered by Direct to Home (DTH) operators.There are different types of distribution service providers of TV channels based on the technology used for distribution including <a href="/loksabha-rajyasabha-discussions/the-big-picture-dth-v-s-ott" target="_blank" rel="noopener"><strong>DTH services</strong></a>, local cable operators, and Internet Protocol Television Services.</p>
<ul style="list-style-type: square;">
<li>All distribution service providers offer certain programs which are specific to each platform and are not obtained from satellite-based broadcasters. These programs are referred to as platform services. Platform services provide the operators with an additional source of revenue through subscription of such services as well as advertisements on these services.</li>
</ul>
<p><strong>Key recommendations are as follows:</strong></p>
<ul style="list-style-type: square;">
<li><strong>Definition of platform services:</strong> Platform services have been defined as the programs transmitted by operators exclusively to their own subscribers. They do not include Doordarshan channels, registered satellite TV channels, or foreign TV channels not registered in India.</li>
<li><strong>Registration:</strong> The DTH operator will be required to register the platform service channel with the appropriate authority, and pay Rs 10,000 for every such channel.</li>
<li><strong>Sharing of platform services:</strong> The platform services provided by one operator will be exclusive to itself, and will not be shared with another operator.</li>
<li>Violation of this provision may lead to cancellation of registration of the platform service channel which was shared.</li>
<li><strong>Cap on number of platform services:</strong> The total number of platform services that an operator can offer will be 3% of total channel carrying capacity of the operator platform, or 15, whichever is higher.</li>
</ul>
<h3 id="10">Steel Scrap Recycling Policy</h3>
<p>The Ministry of Steel released the <a href="/daily-updates/daily-news-analysis/steel-scrap-recycling-policy" target="_blank" rel="noopener"><strong>Steel Scrap Recycling Policy.</strong> </a>The policy seeks to provide a framework to <strong>promote the establishment of metal scrapping centres for processing and recycling of steel scrap</strong> generated from various sources such as appliances and vehicles. The policy provides guidelines for collection, dismantling and shredding activities in an organised, safe, and environment-friendly manner. It describes the roles and responsibilities of collection centres, dismantling centres, scrap processing centres, and the government as follows:</p>
<ul style="list-style-type: square;">
<li><strong>Collection centres:</strong> Collection centres include individuals, local scrap dealers, and distributors engaged in the collection of scrap.
<ul style="list-style-type: circle;">
<li>The collection centres may also assist the processing centres in initial segregation and sorting of scraps.</li>
<li>The collection centres may work closely with processing centres for compliance to the scrap specifications and codes prescribed by the Bureau of Indian Standards (BIS).</li>
</ul>
</li>
<li><strong>Dismantling and processing centres:</strong> The dismantling and scrap processing centres will be required to adhere to the existing rules related to factories and other industrial norms.
<ul style="list-style-type: circle;">
<li>These centres will be required to comply with various regulations related to environment, pollution control, occupational safety, and management of waste including hazardous waste, among others.</li>
</ul>
</li>
<li>The Ministry of Steel will work towards promoting:
<ul style="list-style-type: circle;">
<li>Ease of doing business in setting up scrapping centres.</li>
<li>Research and development</li>
<li>Skill development</li>
<li>Development of quality standards</li>
<li>Creation of a competitive market in the steel scrap sector.</li>
</ul>
</li>
<li>An Inter-Ministerial Coordination Committee will be set up with representation from various Ministries and Departments including: (i) steel, (ii) road transport and highways, (iii) heavy industry, (iv) environment, and (v) Labour. The Committee will monitor the operationalization of the policy and enforcement of related regulations.</li>
</ul>
<h3 id="11">Recycling of Ships Bill, 2019</h3>
<p><a href="/daily-updates/daily-news-analysis/hong-kong-convention-for-ship-recycling" target="_blank" rel="noopener"><strong>The Recycling of Ships Bill, 2019</strong></a> was introduced in Lok Sabha. The Bill restricts the use of hazardous material on ships and regulates the recycling of ships.</p>
<p><strong>Key features include:</strong></p>
<ul style="list-style-type: square;">
<li><strong>Applicability of the Bill:</strong> The Bill will apply to:
<ul style="list-style-type: circle;">
<li>Any new or existing ship which is registered in India</li>
<li>Ships entering a port or terminal in India, or the territorial waters of India,</li>
<li>Any warship, or other ship owned and operated by an administration and used on government noncommercial service.</li>
<li>Ship recycling facilities operating in India.</li>
</ul>
</li>
<li><strong>Ship recycling:</strong> The Bill defines ship recycling as the dismantling of a ship at a facility to recover the components and materials for reuse, and taking care of the hazardous material so produced.</li>
<li><strong>Requirements for ships:</strong> Ships should not use prohibited hazardous materials as notified. The central government may exempt certain categories of ships from this requirement.</li>
<li>The National Authority will carry out periodic surveys to verify the prescribed requirements. This Authority will be notified by the central government to administer, supervise and monitor all activities related to ship recycling.</li>
</ul>
<h2 id="12">Polity</h2>
<h3 id="13">The Transgender Persons (Protection of Rights) Bill, 2019</h3>
<ul style="list-style-type: square;">
<li><strong>Definition of a transgender person:</strong> <a href="/daily-updates/daily-news-analysis/the-transgender-persons-protection-of-rights-bill-2019" target="_blank" rel="noopener"><strong>The Bill</strong></a> defines a transgender person as one whose gender does not match the gender assigned at birth.
<ul style="list-style-type: circle;">
<li>It includes transmen and trans-women, persons with intersex variations, gender-queers, and persons with socio-cultural identities, such as kinnar and hijra.</li>
<li>Intersex variations is defined to mean a person who at birth shows the variation in his or her primary sexual characteristics, external genitalia, chromosomes, or hormones from the normative standard of the male or female body.</li>
</ul>
</li>
<li><strong>Prohibition against discrimination:</strong> The Bill prohibits discrimination against a transgender person, including denial of service or unfair treatment in relation to:
<ul style="list-style-type: circle;">
<li>Education</li>
<li>Employment</li>
<li>Healthcare</li>
<li>Access to, or enjoyment of goods, facilities, opportunities available to the public</li>
<li>Right to movement</li>
<li>Right to reside, rent, or otherwise occupy the property</li>
<li>Opportunity to hold public or private office</li>
<li>Access to a government or private establishment in whose care or custody a transgender person is.</li>
</ul>
</li>
<li><strong>Health care:</strong> The government must take steps to provide health facilities to transgender persons including separate HIV surveillance centres, and sex reassignment surgeries.
<ul style="list-style-type: circle;">
<li>The government shall review the medical curriculum to address health issues of transgender persons, and provide comprehensive medical insurance schemes for them.</li>
</ul>
</li>
<li><strong>Certificate of identity:</strong> A transgender person may make an application to the District Magistrate for a certificate of identity, indicating the gender as &lsquo;transgender&rsquo;.
<ul style="list-style-type: circle;">
<li>A revised certificate may be obtained only if the individual undergoes surgery to change their gender either as a male or a female.</li>
</ul>
</li>
<li><strong>National Council for Transgender persons (NCT)</strong> will advise the central government as well as monitor the impact of policies, legislation and projects with respect to transgender persons. It will also redress the grievances of transgender persons.</li>
</ul>
<h3 id="14">Restructuring of Tribunals</h3>
<p>The Supreme Court passed a <a href="/daily-updates/daily-news-analysis/supreme-court-ruling-on-finance-act-2017" target="_blank" rel="noopener"><strong>judgement regarding various provisions of the Finance Act, 2017</strong></a> that pertained to the restructuring of Tribunals.</p>
<p>The issues before the Supreme Court included:</p>
<ul style="list-style-type: square;">
<li>Whether the Finance Act, 2017 satisfies the requirements of a Money Bill under the Constitution.
<ul style="list-style-type: circle;">
<li>Certain provisions of the Finance Act, 2017 provide for the conditions of service of chairpersons and other members of Tribunals, and amend certain Acts to merge Tribunals.</li>
<li>The Court did not decide on whether such provisions could be passed in a Money Bill and referred the issue to a seven judge bench.</li>
<li>In particular, the reference was to interpret Article 110 of the Constitution, and to decide whether the word &ldquo;only&rdquo; in the definition of Money Bill means that any item other than those related to taxation or expenditure could be included.</li>
</ul>
</li>
<li>Whether the Rules on Tribunals notified under the Act amount to excessive delegation.
<ul style="list-style-type: circle;">
<li>Section 184 of the Finance Act, 2017 allows the central government to make rules regarding qualifications, appointment, terms of services, and salary of chairperson, and other members of Tribunals and other authorities.</li>
<li>The Court said that this does not amount to excessive delegation, and upheld the section.</li>
</ul>
</li>
<li>Whether the Rules are compatible with the Constitution and various decisions of the Supreme Court.
<ul style="list-style-type: circle;">
<li>The Court struck down the Tribunal, Appellate Tribunal and other Authorities (Qualifications, Experience and other Conditions of Service of Members) Rules, 2017.</li>
<li>It held that these Rules were in conflict with the principles of the Constitution which have been settled through various judgements of the Supreme Court.</li>
<li>Therefore, the Court held that these Rules amount to excessive interference of the executive in appointment of members of Tribunals and would be detrimental to the independence of the judiciary.</li>
<li>It would undermine the principle of separation of powers between the executive and the judiciary.</li>
<li>The Court directed the central government to reframe these rules in accordance with previous judgements of the Supreme Court related to working of Tribunals.</li>
<li>The Court also passed an interim order that appointments to the Tribunals shall be in terms of the respective Acts before the enactment of the Finance Act, 2017.</li>
</ul>
</li>
</ul>
<h3 id="15">Chief Justice of India under the Right to Information Act, 2005</h3>
<p>In the last decade, some pleas had been filed in the Delhi High Court and the Supreme Court&rsquo;s Central Public Information Officer (CPIO) seeking details of judges&rsquo; appointments, assets and correspondences.</p>
<ul style="list-style-type: square;">
<li>In 2010, the Delhi High Court held that the office of Chief Justice of India will come under the Right to Information Act, 2005 (RTI Act, 2005).</li>
<li>Consequently, CPIO, Supreme Court filed an appeal against the decision of the Delhi High Court.</li>
<li>The questions before the Supreme Court included:
<ul style="list-style-type: circle;">
<li>Whether the office of Chief Justice of India would come under the RTI Act, 2005.</li>
<li>Whether sharing such information would undermine judicial independence, and</li>
<li>whether there are any exceptions to the sharing of information.</li>
</ul>
</li>
<li>The Supreme Court upheld the <a href="/daily-updates/daily-news-editorials/chief-justice-of-india-under-the-ambit-of-the-rti-act" target="_blank" rel="noopener"><strong>2010 judgement of the Delhi High Court</strong></a> and held that the office of the CJI comes under the definition of &ldquo;public authority&rdquo; under the RTI Act, 2005.</li>
<li>The Court further noted that while the independence of the judiciary forms part of the basic structure of the Constitution, bringing the office of the CJI under the RTI Act would not undermine the independence of the judiciary.</li>
<li>However, the Court stressed that when public interest demands the disclosure of information, judicial independence must be kept in mind.</li>
</ul>
<h3 id="16">Supreme Court upholds disqualification of 17 Karnataka MLAs</h3>
<p>The Supreme Court upheld the decision of former <a href="/daily-updates/daily-news-analysis/disqualification-of-karnataka-mlas" target="_blank" rel="noopener"><strong>Karnataka Speaker for disqualification of 17 MLAs.</strong></a> However, it allowed them to contest in re-elections.</p>
<p>In July 2019, the then Karnataka Speaker disqualified 17 MLAs till the end of the Assembly term, under the anti-defection law. 15 of these MLAs had submitted their resignations before the decision of their disqualification.</p>
<ul style="list-style-type: square;">
<li>These MLAs argued that they have the right to resign and the Speaker should accept their resignations immediately as they personally informed him that the resignation is voluntary and genuine.</li>
</ul>
<p><strong>The questions before the Supreme Court</strong></p>
<ul style="list-style-type: square;">
<li>What is the role of the Speaker in deciding whether to accept or reject a resignation.</li>
<li>Whether the order of the Speaker rejecting the resignation and disqualifying the MLAs is valid.</li>
<li>Whether the Speaker can disqualify the MLAs till the end of the term of the Assembly.</li>
</ul>
<p><strong>Observations held the Supreme Court</strong></p>
<ul style="list-style-type: square;">
<li>The Court held that the Speaker&rsquo;s role with regard to acceptance or rejection of a resignation is limited to examining whether such a resignation is voluntary or genuine.</li>
<li>Further, it held that disqualification proceedings can be continued even if members have submitted resignations, when the act resulting in disqualification has arisen prior to the resignation.</li>
<li>It upheld the order of the Speaker to the extent of disqualification of the 17 MLAs. However, it held that the Speaker has no power to disqualify the members till the end of the Assembly term.</li>
<li>The Court noted that the Constitution provides for certain sanctions for disqualified members.</li>
<li>These include a bar from being appointed as a Minister or holding any remunerative political post from the date of disqualification till the date of expiry of office, or re-election to the legislature, whichever is earlier.</li>
</ul>
<h3 id="17">The Surrogacy (Regulation) Bill, 2019</h3>
<p>The Surrogacy (Regulation) Bill, 2019 was referred to a Rajya Sabha Select Committee after being passed by Lok Sabha in August 2019.</p>
<ul style="list-style-type: square;">
<li>The Bill defines surrogacy as a practice where a woman gives birth to a child for an intending couple and agrees to hand over the child to them after the birth.</li>
</ul>
<p><strong>Key features of the Bill include, as passed by Lok Sabha, include:</strong></p>
<ul style="list-style-type: square;">
<li><strong>Regulation of surrogacy:</strong> The Bill prohibits commercial surrogacy, but allows altruistic surrogacy.
<ul style="list-style-type: circle;">
<li><strong>Altruistic surrogacy</strong> involves no monetary compensation to the surrogate mother other than the medical expenses and insurance coverage.</li>
<li><strong>Commercial surrogacy</strong> includes surrogacy or its related procedures undertaken for a monetary benefit or reward (in cash or kind) exceeding the basic medical expenses and insurance coverage.</li>
</ul>
</li>
<li>The intending couple should have a &lsquo;certificate of essentiality&rsquo; and a &lsquo;certificate of eligibility&rsquo; issued by the appropriate authority.</li>
<li>Apart from this, a surrogate mother is needed to obtain a certificate of eligibility.</li>
<li>The surrogate mother has to be:
<ul style="list-style-type: circle;">
<li>A close relative of the intending couple; 25 to 35 years old.</li>
<li>A married woman having a child of her own</li>
<li>Possess a certificate of medical and psychological fitness for surrogacy.</li>
</ul>
</li>
</ul>
<h3 id="18">Arms (Amendment) Bill, 2019</h3>
<p>The Arms (Amendment) Bill, 2019 was introduced in Lok Sabha by the Minister of Home Affairs. The Bill amends the Arms Act, 1959.</p>
<ul style="list-style-type: square;">
<li>It seeks to decrease the number of licensed firearms allowed per person and increases penalties for certain offences under the Act.</li>
</ul>
<p><strong>Key features include:</strong></p>
<ul style="list-style-type: square;">
<li><strong>License for acquiring firearms:</strong> The Bill reduces the number of permitted firearms from three to one. This includes licenses given on inheritance or heirloom basis.
<ul style="list-style-type: circle;">
<li>The Bill provides a time period of one year to deposit excess firearms.</li>
<li>The Bill also increases the duration of a firearm license from three years to five years.</li>
</ul>
</li>
<li><strong>Increase in punishment:</strong> The Bill enhances the punishment for various offences. For example, the Act specifies the punishment for:
<ul style="list-style-type: circle;">
<li>Dealing in unlicensed firearms.</li>
<li>Shortening or converting a firearm without a licence.</li>
<li>Importing or exporting banned firearms.</li>
<li>The punishment for these offences is between three years and seven years, along with a fine.</li>
<li>The Bill increases the punishment to between seven years and life imprisonment, along with a fine.</li>
</ul>
</li>
<li><strong>New offences:</strong> The Bill adds news offences. These include:
<ul style="list-style-type: circle;">
<li>Forcefully taking a firearm from police or armed forces, punishable with imprisonment between 10 years and life imprisonment, and a fine.</li>
<li>Using firearms in a celebratory gunfire which endangers human life or personal safety of others, punishable with imprisonment of up to two years or a fine of up to one lakh rupees, or both.</li>
<li>The Bill also defines offences committed by organised crime syndicates and illicit trafficking. Possession of firearms or ammunition by a member of a syndicate, in violation of the Act, will be punishable with imprisonment between 10 years and life, along with a fine.</li>
</ul>
</li>
</ul>
<h3 id="19">Dadra and Nagar Haveli and Daman and Diu (Merger of Union Territories) Bill, 2019</h3>
<p><a href="/daily-updates/daily-news-analysis/dadra-and-nagar-haveli-and-daman-and-diu-merger-of-union-territories-bill-2019" target="_blank" rel="noopener"><strong>Dadra and Nagar Haveli and Daman and Diu (Merger of Union Territories) Bill, 2019</strong></a> was passed by Lok Sabha.</p>
<ul style="list-style-type: square;">
<li>The Bill provides for the merger of the Union Territories (UTs) of Dadra and Nagar Haveli, and Daman and Diu into a single UT.
<ul style="list-style-type: circle;">
<li>The Bill makes consequential amendments including retaining the representation in Lok Sabha, the jurisdiction of the High Court of Bombay, and provisionally allotting all officials of the two UTs to the merged UT.</li>
</ul>
</li>
</ul>
<h2 id="20">Culture</h2>
<h3 id="21">The Jallianwala Bagh National Memorial (Amendment) Bill, 2019</h3>
<p>The <a href="/prs-capsule/prs-capsule-august-2019" target="_blank" rel="noopener"><strong>Jallianwala Bagh National Memorial (Amendment) Bill, 2019</strong></a> was passed by Parliament. It amends the Jallianwala Bagh National Memorial Act, 1951.</p>
<ul style="list-style-type: square;">
<li>The Act provides for the erection of a National Memorial in memory of those killed or wounded on April 13, 1919, in Jallianwala Bagh, Amritsar. It creates a Trust to manage the National Memorial.</li>
<li>The Bill amends this provision to remove the President of the Indian National Congress as a Trustee.</li>
</ul>
<h2 id="22">External Affairs</h2>
<h3 id="23">11<sup>th</sup> BRICS summit</h3>
<p>Brasilia Declaration released after the <a href="/daily-updates/daily-news-analysis/11th-brics-summit" target="_blank" rel="noopener"><strong>11<sup>th</sup> BRICS summit</strong> </a>India participated in the 11<sup>th</sup> BRICS summit held on November 14, 2019.</p>
<p><strong>Key features of the Declaration include:</strong></p>
<ul style="list-style-type: square;">
<li><strong>Strengthening multilateral systems:</strong> The Declaration addressed the need for inclusivity in the multilateral system, including the United Nations, its Security Council, the International Monetary Fund, and the World Trade Organisation.
<ul style="list-style-type: circle;">
<li>Further, observing the importance of sustainable development goals and the Paris agreement on climate change, it addressed the need for developed countries to provide resources and other assistance to developing countries.</li>
</ul>
</li>
<li><strong>Economic cooperation:</strong> The Declaration highlighted the importance of trade between BRICS nations.
<ul style="list-style-type: circle;">
<li>Further, it observed the need for investment and infrastructure to improve trade. It condemned unilateral and protectionist measures, and recommended open markets and fair business and trade environment.</li>
</ul>
</li>
<li><strong>Regional conflicts:</strong> The Declaration observed regional conflicts in Syria, Yemen, Israel-Palestine, the Gulf region, Libya, and Afghanistan.
<ul style="list-style-type: circle;">
<li>It recognised the need for collective efforts for peaceful settlement of disputes, and the role of the UN Security Council as bearing the primary responsibility for maintaining international peace and security.</li>
</ul>
</li>
<li><strong>Intra-BRICS cooperation:</strong> The Declaration acknowledged cooperation among BRICS nations on various subjects such as security, science, technology, industrial growth, environment, energy, finance, trade, and fighting corruption.</li>
</ul>',
			'postdate' => object(Cake\I18n\FrozenTime) {},
			'url' => 'https://www.drishtiias.com/prs-capsule/prs-capsule-november-2019'
		],
		(int) 5 => [
			'title' => 'Climate Diplomacy for India',
			'catname' => 'News Editorials',
			'desc' => '<div class="border">
<p>This article is based on <a href="https://thediplomat.com/2019/12/time-to-practice-climate-change-diplomacy-in-indias-neighborhood/" target="_blank" rel="noopener"><strong>&lsquo;Time to Practice Climate Change Diplomacy in India&rsquo;s Neighborhood&rsquo;</strong></a> which was published in The Diplomat on 07/12/2019. It highlights the significance of climate diplomacy for India.</p>
</div>
<p>Global carbon system is an interlocked system. The global transition to low carbon systems has spillover effects -from changes in one economy to changes in another economy, changes in politics in one place to changes in politics in another place. Hence, the manner of transition is important for a low carbon economy.</p>
<p>If one country is honourable in the extreme and cuts its carbon emissions to the bone, that is going to be of little use if the others do not follow suit. They will suffer the consequences of climate change despite the extent of their sacrifice or effort. Equally, at the same time waiting for others to do something and not doing something oneself, is also not an option, especially in terms of adaptation. It is in this context that global leadership gets shaped by the policies and governance approach of a nation that is conscious of the significant impact of climate change.</p>
<h3>India&rsquo;s Role and Responsibility on Climate Change Diplomacy</h3>
<p>India is a large economy, market, has the second largest population and it can play an important role in being part of these positive spillover effects.</p>
<ul style="list-style-type: square;">
<li>India needs to move climate change, global warming to the top of its foreign policy agenda. It is in this way that India can draw benefits from its own climate actions.</li>
<li>India&rsquo;s stance on climate diplomacy has evolved from highlighting the issue of environmental colonialism in the 1990s through the principle of <strong>&ldquo;common but differentiated responsibilities&rdquo; (CBDR)</strong> to pushing for the establishment of an institution like <strong>International Solar Alliance</strong> in 2015.</li>
</ul>
<div class="border-bg">
<p><strong>Environmental Colonialism</strong></p>
<p>Developed countries blaming developing countries like India and China for the rise in global temperatures. Resisting the pressure from developed countries, the developing countries then put forth the principle of &ldquo;common but differentiated responsibilities&rdquo; so that their developmental needs would not be made to pay for the excesses of the developed world.</p>
</div>
<ul style="list-style-type: square;">
<li>India&rsquo;s climate diplomacy needs to <strong>construct a development model that takes into account all its needs, including climate change,</strong> that is focussed on adaptation, and encourages the responsible engagement from the West on issues like finance and technology.</li>
<li>A country&rsquo;s economic gain from technological cooperation for the environment can ensure its sustainable engagement with another country, which can, in turn, have a spillover effect on global engagement. <br />
<ul style="list-style-type: circle;">
<li>The fall in renewable energy prices, driven by Germany&rsquo;s domestic programme that basically supported global prices for renewables, is an example.</li>
<li>Therefore, if <strong>India can frame its national priorities</strong> more accurately and correctly, it can have a more reasonable engagement with the international process in climate change.</li>
</ul>
</li>
</ul>
<h3>Steps towards better Climate Diplomacy</h3>
<ul style="list-style-type: square;">
<li><strong>Maritime Security:</strong> SAGAR (translated as &ldquo;sea&rdquo; or &ldquo;ocean&rdquo;) &ndash; Security and Growth for All in the Region &ndash; is at the centre of India&rsquo;s maritime strategy. <br />
<ul style="list-style-type: circle;">
<li>While India attempts to tap into its <a href="http://www.ris.org.in/sites/default/files/Final_Blue_Economy_Report_2015-Website.pdf" target="_blank" rel="noopener"><strong>blue economy</strong></a> potential along with its regional partners in the Indian Ocean Region (IOR), it also needs to undertake elaborate steps &ndash; technical, logistical, technological and regulatory &ndash; <strong>to develop climate-resilient ports in the region,</strong> an effort that could be steered by climate diplomacy.</li>
</ul>
</li>
<li><strong>Strategic relations:</strong> Rising sea levels and sinking cities, number of tsunamis, cyclones, and floods have strategic concerns as well. India needs to align all its foreign policies with the issues of climate change. <br />
<ul style="list-style-type: circle;">
<li>For eg- India has taken a step toward cooperating with Sri Lanka on climate change. This initiative needs to be pushed further for India to gain an advantage over China, especially in the Indo-pacific region.</li>
</ul>
</li>
<li><strong>Food security:</strong> Climate-resilient agriculture can be pushed by India in its bilateral and multilateral dialogues. Encouraging trade in sustainable agricultural products can create demand for the same and can also help address the issue of global food security.</li>
<li><strong>Trade:</strong> Economic engagements in climate supporting technology for instance in the renewable energy sector with Germany can promote climate change conscious global trade.</li>
</ul>
<h3>Conclusion</h3>
<p>It is important for India to prioritize climate change as one of the instruments of its foreign policy. Climate change should not be just considered from the environmental and economic point of view; it also stands to affect strategic considerations. India can start focusing on its neighbourhood to play a constructive role in the area of climate change through its <strong>Neighbourhood First policy.</strong> Making climate change an integral part of its foreign policy ethics and moving towards climate diplomacy can project India as a sensitive and responsible global leader.</p>
<table border="1" style="border-collapse: collapse; width: 100%;" height="51">
<tbody>
<tr>
<td style="width: 100%; border-style: dotted; border-color: #ff00f7; background-color: #fff7cc;"><span style="color: #000080;"><em><strong>Drishti Mains Question</strong></em></span><br /><br />Explain the significance of climate diplomacy for India. (250 words)</td>
</tr>
</tbody>
</table>',
			'postdate' => object(Cake\I18n\FrozenTime) {},
			'url' => 'https://www.drishtiias.com/daily-updates/daily-news-editorials/climate-diplomacy-for-india'
		],
		(int) 6 => [
			'title' => 'Mullaperiyar Dam',
			'catname' => 'News Analysis',
			'desc' => '<h3>Why in News<a href="http://www.drishtiias.com/images/uploads/1576225283_image4.jpg" target="_blank" rel="noopener"><img class="content-img" src="http://www.drishtiias.com/images/uploads/1576225283_image4.jpg" style="float: right;" width="280" height="298" caption="false" /></a></h3>
<p>The <a href="/daily-updates/daily-news-analysis/jal-shakti-mantralaya" target="_blank" rel="noopener"><strong>Ministry of Jal Shakti</strong></a> has constituted a <strong>three-member Supervisory Committee</strong> to settle the issue of <strong>Mullaperiyar dam</strong> between <strong>Kerala and Tamil Nadu.</strong></p>
<ul style="list-style-type: square;">
<li>The tension between the two states over the issue has persisted since the <strong>1960s,</strong> with Kerala citing concerns regarding the <a href="/to-the-points/Paper2/dam-safety-bill-2018" target="_blank" rel="noopener"><strong>dam&rsquo;s safety</strong></a> and arguing for the reduction of the dam&rsquo;s water levels.</li>
<li>But with the water from the dam being diverted to five districts in Tamil Nadu and its importance in the state&rsquo;s irrigation and power production practices, Tamil Nadu has consistently opposed this.</li>
</ul>
<h3>Mullaperiyar Dam</h3>
<ul style="list-style-type: square;">
<li>The Mullaperiyar dam is located on the <strong>confluence</strong> of the <strong>Mullayar and Periyar rivers</strong> in <strong>Kerala&rsquo;s Idukki district.</strong></li>
<li>It is <strong>operated and maintained</strong> by the <strong>Tamil Nadu</strong> for meeting the drinking water and irrigation requirements of five of its southern districts. <br />
<ul style="list-style-type: circle;">
<li>According to a 999-year lease agreement made during the British rule the operational rights were handed over to Tamil Nadu.</li>
</ul>
</li>
<li>The dam intends to divert the waters of the <strong>west-flowing river Periyar</strong> eastward to the arid rain shadow regions of the Tamil Nadu.</li>
</ul>
<h3>Periyar River</h3>
<ul style="list-style-type: square;">
<li>The Periyar River is the <strong>longest river in the state of Kerala</strong> with a length of 244 km.</li>
<li>It is also known as <strong>&lsquo;Lifeline of Kerala&rsquo;</strong> as it is one of the few <strong>perennial rivers</strong> in the state.<br />
<ul style="list-style-type: circle;">
<li>A perennial river is a channel that has continuous flow in parts of its stream bed all year round.</li>
</ul>
</li>
<li>Periyar River <strong>originates</strong> from <strong>Sivagiri hills of Western Ghats</strong> and flows through the<strong> Periyar National Park.</strong></li>
<li>The <strong>main tributaries</strong> of Periyar are Muthirapuzha, Mullayar, Cheruthoni, Perinjankutti.</li>
</ul>
<p><a href="https://pib.gov.in/PressReleseDetail.aspx?PRID=1596261" target="_blank" rel="noopener"><strong>Source: PIB</strong></a></p>',
			'postdate' => object(Cake\I18n\FrozenTime) {},
			'url' => 'https://www.drishtiias.com/daily-updates/daily-news-analysis/mullaperiyar-dam'
		],
		(int) 7 => [
			'title' => 'National Financial Reporting Authority',
			'catname' => 'News Analysis',
			'desc' => '<p>The National Financial Reporting Authority (NFRA) was constituted on 1<sup>st</sup> October, 2018 by the Government of India under <strong>section 132 (1) of the Companies Act, 2013.</strong></p>
<p><strong>Need:</strong> In the wake of accounting scams, a need was felt to <strong>establish an independent regulator</strong> for enforcement of auditing standards and ensuring the quality of audits so as to enhance investor and public confidence in financial disclosures of companies.</p>
<p><strong>Composition:</strong> The Companies Act requires the NFRA to have a chairperson who will be appointed by the Central Government and a maximum of 15 members.</p>
<h3>Functions and Duties</h3>
<ul style="list-style-type: square;">
<li>Recommend accounting and auditing policies and standards to be adopted by companies for approval by the Central Government;</li>
<li>Monitor and enforce compliance with accounting standards and auditing standards;</li>
<li>Oversee the quality of service of the professions associated with ensuring compliance with such standards and suggest measures for improvement in the quality of service;</li>
<li>Perform such other functions and duties as may be necessary or incidental to the aforesaid functions and duties.</li>
</ul>
<h3>Powers</h3>
<ul style="list-style-type: square;">
<li>It can probe listed companies and those unlisted public companies having paid-up capital of no less than Rs 500 crore or annual turnover of no less than Rs 1,000 crore.</li>
<li>It can investigate professional misconduct committed by members of the <strong>Institute of Chartered Accountants of India</strong> (ICAI) for prescribed class of body corporate or persons.</li>
</ul>
<p><a href="https://indianexpress.com/article/business/companies/nfra-finds-gaps-in-audit-report-of-deloitte-haskins-and-sells-on-ifin-6164480/" target="_blank" rel="noopener"><strong>Source: IE</strong></a></p>',
			'postdate' => object(Cake\I18n\FrozenTime) {},
			'url' => 'https://www.drishtiias.com/daily-updates/daily-news-analysis/national-financial-reporting-authority-1'
		],
		(int) 8 => [
			'title' => 'Kuchipudi Dance Form',
			'catname' => 'News Analysis',
			'desc' => '<p>Kuchipudi is one of the <a href="/to-the-points/paper1/indian-classical-dances" target="_blank" rel="noopener"><strong>8 classical dance forms of India.</strong></a></p>
<ul style="list-style-type: square;">
<li>The dance form has <strong>emerged from a<a href="http://www.drishtiias.com/images/uploads/1576223232_kuchipudi.jpg" target="_blank" rel="noopener"><img class="content-img" src="http://www.drishtiias.com/images/uploads/1576223232_kuchipudi.jpg" width="238" caption="false" style="float: right;" /></a> popular theatrical art &lsquo;Kuchipudi Yakshagana&rsquo;</strong> named after the place of its origin, the village Kuchipudi in Andhra Pradesh.</li>
<li>It is <strong>performed as dance drama</strong> i.e. performance in groups and also as solo items.</li>
<li><strong>Siddendra Yogi,</strong> the disciple of Narayana Theertha who lived in the <strong>17<sup>th</sup> century,</strong> is credited to have systemised the art form of Kuchipudi Yakshagana.</li>
<li>Costumes, ornaments and jewellery occupy an important place.</li>
</ul>',
			'postdate' => object(Cake\I18n\FrozenTime) {},
			'url' => 'https://www.drishtiias.com/daily-updates/daily-news-analysis/kuchipudi-dance-form'
		],
		(int) 9 => [
			'title' => 'Contraction in Index of Industrial Production',
			'catname' => 'News Analysis',
			'desc' => '<h3>Why in News</h3>
<p>According to the data released by the Ministry of Statistics and Programme Implementation (MoSPI), the quick estimates of <strong>Index of Industrial Production (IIP)</strong> stands at 127.7 for October 2019, which is <strong>3.8% lower</strong> as compared to the level in the month of October 2018. This contraction is due to demand slump in economy and fall in activity across sectors such as manufacturing, electricity, infrastructure etc.</p>
<ul style="list-style-type: square;">
<li><strong>Retail inflation</strong> (measured by the Consumer Price Index) surged to a <strong>40-month high</strong> of <strong>5.54%</strong> in November 2019, owing to rising food inflation.</li>
<li>The combination of contraction in industrial activity and rising inflation has led experts to fear that India is entering a phase of <strong>stagflation.</strong></li>
</ul>
<div class="border-bg">
<p><strong>Stagflation<a href="http://www.drishtiias.com/images/uploads/1576222648_image1.jpg" target="_blank" rel="noopener"><img class="content-img" src="http://www.drishtiias.com/images/uploads/1576222648_image1.jpg" width="242" height="161" style="float: right;" caption="false" /></a></strong></p>
<ul style="list-style-type: square;">
<li>Stagflation means a situation characterized by <strong>simultaneous increase in prices</strong> and <strong>stagnation of economic growth.</strong></li>
<li>It is described as a situation in the economy where the growth rate slows down, the level of unemployment remains steadily high and yet the inflation or price level remains high at the same time.</li>
<li><strong>Dangerous for the economy</strong><br />
<ul style="list-style-type: circle;">
<li>In a usual low growth situation, central banks and government try to stimulate the economy through higher public spending and low interest rates to create demand.</li>
<li>These measures also tend to elevate prices and cause inflation. So, these tools cannot be adopted when inflation is already running high, which makes it difficult to break out of low growth-high inflation trap.</li>
</ul>
</li>
<li>The <strong>solution</strong> lies in increasing productivity, this enables higher growth without inflation.</li>
</ul>
</div>
<h3>Index of Industrial Production<a href="http://www.drishtiias.com/images/uploads/1576222686_image2.png" target="_blank" rel="noopener"><img class="content-img" src="http://www.drishtiias.com/images/uploads/1576222686_image2.png" width="224" height="389" style="float: right;" caption="false" /></a></h3>
<ul style="list-style-type: square;">
<li>The Index of Industrial Production (IIP) maps the <strong>change in the volume of production in Indian industries.</strong></li>
<li>It is estimated and published on a monthly basis by the <strong>Central Statistical Organisation (CSO)</strong> under MoSPI.</li>
<li>It is currently calculated using <strong>2011-2012 as the base year.</strong></li>
<li>The IIP is basically divided into three sectors, though a use-based classification is also provided by the CSO.<br />
<ul style="list-style-type: circle;">
<li>The<strong> three sectors</strong> include: Mining, Manufacturing and Electricity.<br />
<ul style="list-style-type: disc;">
<li>Electricity, crude oil, coal, cement, steel, refinery products, natural gas, and fertilisers are the<strong> eight core industries</strong> that comprise about 40% of the weight of items included in the Index of Industrial Production.</li>
</ul>
</li>
<li><strong>Use based classification include:</strong> Primary Goods, Capital Goods, Intermediate Goods, Infrastructure/ Construction goods, Consumer durables and Consumer nondurables.</li>
</ul>
</li>
<li><strong>Calculation</strong><br />
<ul style="list-style-type: circle;">
<li>The index is created by giving different weights to each sector and every month, production is tracked.</li>
<li>Finally, the index value is compared to the value it had in the same month last year to figure out the economy&rsquo;s industrial health.</li>
</ul>
</li>
</ul>
<h3>Consumer Price Index</h3>
<ul style="list-style-type: square;">
<li><strong>Inflation</strong> refers to the rise in the prices of most goods and services of daily or common use, such as food, clothing, housing, recreation, transport, consumer staples, etc. <br />
<ul style="list-style-type: circle;">
<li>It measures the average price change in a basket of commodities and services over time. The opposite and rare fall in the price index of this basket of items is called &lsquo;deflation&rsquo;.</li>
<li>It is indicative of the decrease in the purchasing power of a unit of a country&rsquo;s currency. This is measured in percentage.</li>
</ul>
</li>
<li>In India, inflation is primarily measured by two main indices &mdash; <strong>WPI (Wholesale Price Index)</strong> and <strong>CPI (Consumer Price Index),</strong> which measures wholesale and retail-level price changes, respectively. <br />
<ul style="list-style-type: circle;">
<li>The goods or services sold by businesses to smaller businesses for selling further is captured by the WPI.</li>
<li>The CPI is an index measuring retail inflation in the economy by collecting the change in prices of most common goods and services used by consumers.</li>
</ul>
</li>
</ul>
<p><a href="https://www.thehindu.com/news/national/retail-inflation-soars-to-over-3-year-high-of-554-on-costlier-food-items/article30287926.ece" target="_blank" rel="noopener"><strong>Source: TH</strong></a></p>',
			'postdate' => object(Cake\I18n\FrozenTime) {},
			'url' => 'https://www.drishtiias.com/daily-updates/daily-news-analysis/contraction-in-index-of-industrial-production'
		],
		(int) 10 => [
			'title' => 'Samagra Shiksha ',
			'catname' => 'News Analysis',
			'desc' => '<h3>Why in News</h3>
<p>Ministry of Human Resource Development is implementing the <strong>Scheme of Vocationalisation of School Education.</strong></p>
<ul style="list-style-type: square;">
<li>Under the scheme, a vocational subject is offered for Classes IX to XII along with the general education to provide necessary employability and vocational skills for a variety of occupations.</li>
<li>The above scheme is being implemented under the umbrella of <strong>&lsquo;Samagra Shiksha &ndash; an integrated scheme for school education&rsquo;.</strong></li>
</ul>
<h3>Samagra Shiksha</h3>
<ul style="list-style-type: square;">
<li><strong>Key Provisions:</strong><br />
<ul style="list-style-type: circle;">
<li>Samagra Shiksha is an<strong> integrated</strong> scheme for school education extending from <strong>pre-school to class XII</strong> to ensure inclusive and equitable quality education at <strong>all levels</strong> of school education.</li>
<li>It <strong>subsumes</strong> the three Schemes of<strong> Sarva Shiksha Abhiyan (SSA), Rashtriya Madhyamik Shiksha Abhiyan (RMSA) and Teacher Education (TE).</strong><br />
<ul style="list-style-type: disc;">
<li>The scheme treats school education holistically as a <strong>continuum from Pre-school to Class 12.</strong></li>
</ul>
</li>
<li>The main emphasis of the Scheme is on improving the quality of school education by focussing on the <strong>two T&rsquo;s &ndash; Teacher and Technology.</strong></li>
</ul>
</li>
<li><strong>Vision:</strong><br />
<ul style="list-style-type: circle;">
<li>The vision of the Scheme is to ensure inclusive and equitable quality education from pre-school to senior secondary stage in accordance with the <strong>Sustainable Development Goal (SDG)</strong> for Education.<br />
<ul style="list-style-type: disc;">
<li><strong>SDG-4.1:</strong> Aims to ensure that all boys and girls complete free, equitable and quality primary and secondary education leading to relevant and effective learning outcomes.</li>
<li><strong>SDG 4.5:</strong> Aims to eliminate gender disparities in education and ensure equal access to all levels of education.</li>
</ul>
</li>
<li>The scheme mainly aims to support States in the implementation of the<a href="/to-the-points/Paper2/right-to-education" target="_blank" rel="noopener"><strong> Right of Children to Free and Compulsory Education (RTE) Act, 2009.</strong></a></li>
<li>Right to Education Act (RTE) is a fundamental right under <strong>Article 21-A</strong> of the Constitution of India.</li>
</ul>
</li>
<li><strong>Funding Pattern:</strong><br />
<ul style="list-style-type: circle;">
<li>The Scheme is being implemented as a <strong>Centrally Sponsored Scheme.</strong> <br />
<ul style="list-style-type: disc;">
<li>The fund sharing pattern for the scheme between Centre and States is at present in the ratio of <strong>90:10 for the North-Eastern States and the Himalayan States</strong> and <strong>60:40 for all other States and Union Territories with Legislature.</strong></li>
<li>It is <strong>100% centrally sponsored for Union Territories without Legislature.</strong></li>
</ul>
</li>
<li>The scheme also proposes to give flexibility to the States and UTs to plan and prioritize their interventions within the scheme norms and the overall resource envelope available to them.</li>
</ul>
</li>
</ul>
<p><a href="https://pib.gov.in/PressReleseDetail.aspx?PRID=1596200" target="_blank" rel="noopener"><strong>Source: PIB</strong></a></p>',
			'postdate' => object(Cake\I18n\FrozenTime) {},
			'url' => 'https://www.drishtiias.com/daily-updates/daily-news-analysis/samagra-shiksha'
		],
		(int) 11 => [
			'title' => 'India’s Trade: Challenges and Opportunities',
			'catname' => 'News Editorials',
			'desc' => '<div class="border">
<p>This article is based on <a href="https://www.thehindubusinessline.com/opinion/indias-bane-is-its-non-competitiveness/article30268935.ece" target="_blank" rel="noopener"><strong>&ldquo;India&rsquo;s bane is its non-competitiveness&rdquo;</strong></a>, which was published in The Hindu BusinessLine on 11/12/2019. It highlights the significance of trade and discusses the challenges and missed opportunities for Indian trade.</p>
</div>
<p>Traders, throughout history, have sought new markets and been natural globalisers. Spices from India were so valuable in Europe that the voyage of Christopher Columbus to find a shorter sea route to India was financed. The East India Company, too, was formed for trade.</p>
<h3>Journey and Impact of Trade</h3>
<p><a href="/gs-special/gs-special-world-history/colonialism" target="_blank" rel="noopener"><strong>Colonialism and Industrial Revolution</strong></a></p>
<ul style="list-style-type: square;">
<li>The benefits of free trade and production based on<strong> comparative advantage</strong> became key tenets of economic theory, leading to <strong>colonisation</strong> as a later consequence.</li>
<li><strong>Impact of Industrial Revolution:</strong> With the advent of the <strong>Industrial Revolution,</strong> competitive advantage in industrial production was created through technology and innovation. The first movers and leaders sought global markets and gained disproportionately through trade.</li>
</ul>
<p><strong>Impact on the East</strong></p>
<ul style="list-style-type: square;">
<li><strong>India&rsquo;s impoverishment</strong> began in the 19<sup>th</sup> Century, with the beginning of the <strong>industrial revolution in England</strong> and the colonisation of India by the East India Company.</li>
<li>As industrialisation matured in England, <strong>poverty in India became extreme,</strong> with the large-scale destruction of artisanal jobs, especially in textiles, with thriving cities like Dhaka experiencing depopulation. <br />
<ul style="list-style-type: circle;">
<li>This was captured in the economic writings of Indians at the end of the 19<sup>th</sup> and the early 20<sup>th</sup> century, and provided the intellectual underpinning of Swadeshi and Khadi in the freedom struggle.</li>
</ul>
</li>
<li>In the 20<sup>th</sup> century, as<strong> Japan industrialised,</strong> it followed the example of England and began to colonise its neighbouring areas &mdash; <strong>Korea and western China &mdash;</strong> creating a larger captive market for its industrial goods.</li>
</ul>
<p><strong>Ushering in of Free Trade</strong></p>
<ul style="list-style-type: square;">
<li>Later, <strong>after World War-II,</strong> the US &mdash; as the leader of the West and the pre-eminent global industrial and intellectual power&mdash;<strong> promoted free trade.</strong></li>
<li>This culminated in the<a href="/important-institutions/drishti-specials-important-institutions-international-institution/world-trade-organisation-wto" target="_blank" rel="noopener"><strong> WTO</strong> </a><strong>agreement in 1994,</strong> thereby ending the era where countries, after decolonisation, were trying to industrialise with <strong>infant industry protection,</strong> which had been used successfully in the past.</li>
</ul>
<h3>China&rsquo;s Success vis-a-vis India</h3>
<p><strong>China v/s India</strong></p>
<ul style="list-style-type: square;">
<li>In 1991 &mdash; the year of Indian economic reforms and opening up of the country to globalisation &mdash; the <strong>per capita incomes of India and China were the same. Technological capacities</strong> were at similar levels.</li>
<li>China is today the factory of the world. It has eliminated poverty. Its <strong>GDP and per capita incomes are five times that of India.</strong> China chose to craft its own pragmatic path to success.</li>
<li>China became a <strong>member of the WTO only in 2000,</strong> and that too with difficulty. But this did not slow China&rsquo;s phenomenal rise.</li>
</ul>
<p><strong>China&rsquo;s Rise and its Impact</strong></p>
<ul style="list-style-type: square;">
<li>In response to China&rsquo;s rise, an apprehensive US has now got the <a href="/daily-updates/daily-news-editorials/significance-of-g-20-amidst-a-geo-economic-flux" target="_blank" rel="noopener"><strong>G20</strong> </a>to change the formulation in their joint statements <strong>from &lsquo;free trade&rsquo; to &lsquo;fair trade&rsquo;.</strong></li>
<li>Trump&rsquo;s unambiguous<strong> &lsquo;America first&rsquo; policy</strong> and his <strong>trade hostilities with China</strong> have strong appeal with many Americans.</li>
<li>Having conquered global markets, China is now the <strong>proponent of free trade</strong> and <strong>globalisation</strong> at World Economic Forum. The <strong>OBOR and the RCEP</strong> are being promoted by China, which is on its way to becoming a superpower.</li>
</ul>
<h3>India&rsquo;s Apprehensions in New Trade Regime</h3>
<ul style="list-style-type: square;">
<li><strong>India&rsquo;s lost opportunities:</strong> India lost out to China mainly due to absence of reforms and missing out on the manufacturing stage, hopping directly to the service sector for its growth and employment. <br />
<ul style="list-style-type: circle;">
<li>This (over) reliance of India on service sector proved costly as it impacted its capacity building in manufacturing and absorbed only the skilled and educated labour, leaving behind a vast population.</li>
<li>This also impacted India&rsquo;s prowess in global exports and trade, especially in perspective of &lsquo;America First&rsquo; policy and protectionism of the US.</li>
</ul>
</li>
<li><strong>RCEP anxiety:</strong> In the run-up to the <a href="/important-institutions/drishti-specials-important-institutions-international-institution/regional-comprehensive-economic-partnership-1" target="_blank" rel="noopener"><strong>RCEP negotiations</strong></a>, India hardly saw any benefits from joining the RCEP. <br />
<ul style="list-style-type: circle;">
<li>The experience of India&rsquo;s <strong>FTAs with Asian countries</strong> has shown that the Indian industry has not experienced the anticipated gains as it did not undertake the reforms needed to improve competitiveness.</li>
<li>By that implication, joining the <strong>RCEP would pose a problem.</strong> But it would then compel India to undertake requisite reforms and become competitive.</li>
</ul>
</li>
<li><strong>Losing to China:</strong> The real loss in this period, however, has been through the g<strong>rowing trade with China.</strong><br />
<ul style="list-style-type: circle;">
<li>Growing imports of consumer goods, thermal power plants &mdash; and now solar panels and exports of primary products like iron ore and cotton &mdash; constitute India&rsquo;s trade with China.</li>
<li>All that is imported was being made and can be made in India.</li>
</ul>
</li>
<li><strong>Impact of Free Trade:</strong> Globally, there is <strong>stagnant demand in the West,</strong> excess, competitive <strong>manufacturing capacity in China</strong> and huge <strong>growing demand in India.</strong> <br />
<ul style="list-style-type: circle;">
<li>The logic of free trade is for India&rsquo;s growing demand to be met by China&rsquo;s excess capacity and India&rsquo;s inefficient, non-competitive capacities to close down without the need for the creation of new capacity.</li>
<li>Joining the RCEP would only accelerate the process. This may be a major factor in the structural nature of the present severe economic downturn.</li>
</ul>
</li>
</ul>
<h3>Way Forward</h3>
<ul style="list-style-type: square;">
<li>India needs to take a hard look at its choices. Creating global competitiveness and doing all that it takes to do so, including abandoning conventional ways of thinking, cannot be delayed.</li>
<li>Better-functioning factor markets and reducing costs for businesses are overdue.</li>
<li>Smarter, creative policies for developing and nurturing the nation&rsquo;s industrial and technological capacities need to be crafted.</li>
<li>Economic nationalism and greater ambition is the need of the hour.</li>
</ul>
<table border="1" style="border-collapse: collapse; width: 100%;">
<tbody>
<tr>
<td style="width: 511px; border-style: dotted; border-color: #3f14ff; background-color: #daebed;">
<p><span style="color: #000080;"><em><strong>Drishti Mains Question</strong></em></span></p>
<p>India needs to reform its domestic economic policies, to make its trade more competitive, instead of missing out on opportunities of regional trade blocks. Comment. (250 words)</p>
</td>
</tr>
</tbody>
</table>',
			'postdate' => object(Cake\I18n\FrozenTime) {},
			'url' => 'https://www.drishtiias.com/daily-updates/daily-news-editorials/india-s-trade-challenges-and-opportunities'
		],
		(int) 12 => [
			'title' => 'Insolvency and Bankruptcy Code',
			'catname' => 'Paper 3',
			'desc' => '<p><a href="http://www.drishtiias.com/images/uploads/1577357857_Insolvency%20and Bankruptcy Code (Mind Map).png" target="_blank" rel="noopener"><img class="content-img" src="http://www.drishtiias.com/images/uploads/1577357857_Insolvency and Bankruptcy Code (Mind Map).png" width="488" height="1003" style="display: block; margin-left: auto; margin-right: auto;" /></a></p>
<p style="text-align: center;"><a href="/to-the-points/paper3/insolvency-and-bankruptcy-code-3" target="_blank" rel="noopener"><em>For TTP</em></a></p>',
			'postdate' => object(Cake\I18n\FrozenTime) {},
			'url' => 'https://www.drishtiias.com/mind-map/gs-paper3/insolvency-and-bankruptcy-code-mindmap'
		],
		(int) 13 => [
			'title' => 'Insolvency and Bankruptcy Code',
			'catname' => 'Paper 3',
			'desc' => '<h3>Why in News</h3>
<p>The Union Cabinet has approved the proposal to make amendments in the <a href="/loksabha-rajyasabha-discussions/in-depth-insolvency-and-bankruptcy-code-act" target="_blank" rel="noopener"><strong>Insolvency and Bankruptcy Code (IBC), 2016,</strong></a> through the Insolvency and Bankruptcy Code (Second Amendment) Bill, 2019. The amendments aim to remove certain difficulties being faced during insolvency resolution process to realise the objects of the code and to further ease doing of business.</p>
<h3>Insolvency and Bankruptcy Code, 2016</h3>
<p><strong>Insolvency and Bankruptcy Code, 2016</strong> provides a time-bound process for resolving insolvency in companies and among individuals.</p>
<ul style="list-style-type: square;">
<li><strong>Insolvency</strong> is a situation where individuals or companies are unable to repay their outstanding debt.</li>
<li><strong>Bankruptcy,</strong> on the other hand, is a situation whereby a court of competent jurisdiction has declared a person or other entity insolvent, having passed appropriate orders to resolve it and protect the rights of the creditors. It is a legal declaration of one&rsquo;s inability to pay off debts.</li>
<li>The Government implemented the Insolvency and Bankruptcy Code (IBC) to consolidate all laws related to insolvency and bankruptcy and to tackle Non-Performing Assets (NPA), a problem that has been pulling the Indian economy down for years.</li>
<li>The Code is quite different from the earlier resolution systems as it shifts the responsibility to the creditor to initiate the insolvency resolution process against the corporate debtor.</li>
<li>The recently proposed amendments aim to remove bottlenecks, streamline the corporate insolvency resolution process, and protect the last mile funding in order to boost investment in financially distressed sectors.<br />
<ul style="list-style-type: circle;">
<li>Ring-fencing the companies resolved under the IBC from regulatory actions during past management can make the IBC process attractive for investors and acquirers.</li>
</ul>
</li>
</ul>
<p><strong>Objectives of IBC</strong></p>
<ul style="list-style-type: square;">
<li>To consolidate and amend all existing insolvency laws in India.</li>
<li>To simplify and expedite the Insolvency and Bankruptcy Proceedings in India.</li>
<li>To protect the interest of creditors including stakeholders in a company.</li>
<li>To revive the company in a time-bound manner.</li>
<li>To promote entrepreneurship.</li>
<li>To get the necessary relief to the creditors and consequently increase the credit supply in the economy.</li>
<li>To work out a new and timely recovery procedure to be adopted by the banks, financial institutions or individuals.</li>
<li>To set up an Insolvency and Bankruptcy Board of India.</li>
<li>Maximization of the value of assets of corporate persons.</li>
</ul>
<h3>Salient features of the Insolvency and Bankruptcy Code, 2016</h3>
<ul style="list-style-type: square;">
<li>Covers all individuals, companies, Limited Liability Partnerships (LLPs) and partnership firms.</li>
<li>Adjudicating authority:<br />
<ul style="list-style-type: circle;">
<li><strong>National Company Law Tribunal (NCLT)</strong> for companies and LLPs</li>
<li><strong>Debt Recovery Tribunal (DRT)</strong> for individuals and partnership firms</li>
</ul>
</li>
</ul>
<div class="border-bg">
<p><strong>Insolvency Resolution Process</strong></p>
<ul style="list-style-type: square;">
<li>Insolvency resolution process can be initiated by any of the stakeholders of the firm: firm/debtors/creditors/employees.</li>
<li>If the adjudicating authority accepts, an <strong>Insolvency resolution professional (IP)</strong> is appointed.</li>
<li>The power of the management and the board of the firm is transferred to the <strong>committee of creditors (CoC).</strong> They act through the IP.</li>
<li>The IP has to decide whether to revive the company (insolvency resolution) or liquidate it (liquidation).</li>
<li>If they decide to revive, they have to find someone willing to buy the firm.</li>
<li>The creditors also have to accept a significant reduction in debt. The reduction is known as a haircut.</li>
<li>They invite open bids from the interested parties to buy the firm.</li>
<li>They choose the party with the best resolution plan, that is acceptable to the majority of the creditors (75 % in CoC), to take over the management of the firm.</li>
</ul>
</div>
<ul style="list-style-type: square;">
<li>Establishment of an <strong>Insolvency and Bankruptcy Board of India</strong> to exercise regulatory oversight over insolvency professionals, insolvency professional agencies and information utilities.</li>
<li><strong>Insolvency professionals</strong> handle the commercial aspects of insolvency resolution process.</li>
<li><strong>Insolvency professional agencies</strong> develop professional standards, code of ethics and be first level regulator for insolvency professionals members leading to development of a competitive industry for such professionals.</li>
<li><strong>Information utilities</strong> collect, collate, authenticate and disseminate financial information to be used in insolvency, liquidation and bankruptcy proceedings.</li>
<li>Enabling provisions to deal with <strong>cross border insolvency.</strong></li>
</ul>
<h3>Achievements of the IBC</h3>
<ul style="list-style-type: square;">
<li>IBC is a vast improvement on the two earlier laws legislated to recover bad loans &mdash;the Sick Industrial Companies (Special Provisions) Act, 1985 (SICA) and the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (RDDB).</li>
<li><strong>Speedier Resolution:</strong> Before IBC, resolution processes took an average of 4-6 years, after the enactment of IBC, they came down to 317 days.</li>
<li><strong>Higher Recoveries:</strong> Recoveries are also higher: 43% after the IBC, against 22% before it.</li>
<li>Due to the institution of IBC, we have seen that many business entities are paying up front before being declared insolvent. The success of the Act lies in the fact that many cases have been resolved even before it was referred to NCLT.</li>
<li>A steady increase in the number of admitted corporate insolvency resolution process (CIRP) cases. <br />
<ul style="list-style-type: circle;">
<li>By the end of March 2019, a total of 1858 cases were admitted for resolution &ndash; of which 152 have been appealed/reviewed/settled, 91 have been withdrawn, 378 ended in liquidation and 94 have ended in approval of resolution plans.</li>
</ul>
</li>
</ul>
<h3>Challenges for IBC</h3>
<ul style="list-style-type: square;">
<li><strong>Lack of operational NCLT benches:</strong> Though the government had, in July 2019, announced setting up of 25 additional single and division benches of NCLT at various places including Delhi, Jaipur, Kochi, Chandigarh, and Amravati, most of these remain non-operational or partly operational on account of lack of proper infrastructure or adequate support staff.</li>
<li><strong>low approval rate of resolution plans:</strong> According to the data from the Insolvency and Bankruptcy Board of India (IBBI), of the 2,542 corporate insolvency cases filed between December 1, 2016 and September 30, 2019, about 156 have ended in approval of resolution plans &mdash; a mere 15%.</li>
<li>High number of liquidations is a cause for major worry as it violates IBC&rsquo;s principal objective of resolving bankruptcy.</li>
<li><a href="/daily-updates/daily-news-editorials/issues-in-ibc" target="_blank" rel="noopener"><strong>Slow judicial process</strong></a> in India allows the resolution processes to drag on, this was the same reason for slow recovery under SICA or RBBD.</li>
</ul>
<h3>Conclusion</h3>
<p>Operationalisation of IBC, till now, has been spoiled by myriad factors ranging from frivolous challenges posed by operational creditors and promoters to shortage of judges in tribunals. As a result, an important piece of legislation like IBC, which was expected to usher in a new era of ease of doing business, may fall into the trap of implementation failure. Timely amendments, which provide more teeth to the Code, can only rescue the process. New amendments of 2019 in IBC should be closely watched and observed in that light.</p>
<p><a href="/mind-map/gs-paper3/insolvency-and-bankruptcy-code-mindmap" target="_blank" rel="noopener"><em>For Mind Map</em></a></p>',
			'postdate' => object(Cake\I18n\FrozenTime) {},
			'url' => 'https://www.drishtiias.com/to-the-points/paper3/insolvency-and-bankruptcy-code-3'
		],
		(int) 14 => [
			'title' => 'Shore Temple',
			'catname' => 'News Analysis',
			'desc' => '<h3>Why in News</h3>
<p><a href="http://www.drishtiias.com/images/uploads/1576140538_image5.jpg" target="_blank" rel="noopener"><img class="content-img" src="http://www.drishtiias.com/images/uploads/1576140538_image5.jpg" width="464" height="319" style="display: block; margin-left: auto; margin-right: auto;" caption="false" /></a></p>
<p>The shoreline on the northern side of the Shore temple in <strong>Mamallapuram, Tamil Nadu</strong> is facing severe sea erosion.</p>
<ul style="list-style-type: square;">
<li>Shore Temple is one among a number of Hindu monuments at Mamallapuram (Mahabalipuram), on the Coromandel Coast of <strong>Tamil Nadu.</strong></li>
<li>It is considered the finest early example of medieval southern Indian temple architecture.</li>
<li>It was built probably in the reign of <strong>Narasimhavarman II, also known as Rajasimha (Pallava ruler)</strong> who reigned from 700 to 728 CE.</li>
<li>Unlike most of its neighbours at the site, it is <strong>built of cut stones</strong> rather than carved out of caves.</li>
<li>It has two shrines, one dedicated to<strong> Shiva and the other to Vishnu.</strong></li>
<li>It has been built in<strong> Dravidian style.</strong> Its style is characterized by a <strong>pyramidal<em> kutina</em>-type tower</strong> that consists of stepped stories topped by a cupola and finial, a form quite different from the northern Indian <em>sikhara.</em></li>
<li>The Mamallapuram monuments and temples, including the Shore Temple complex, were collectively designated a <strong>UNESCO World Heritage site in 1984.</strong></li>
</ul>
<p><a href="https://www.thehindu.com/news/cities/chennai/mamallapuram-awaits-a-rescue-act/article30280681.ece" target="_blank" rel="noopener"><strong>Source: TH</strong></a></p>',
			'postdate' => object(Cake\I18n\FrozenTime) {},
			'url' => 'https://www.drishtiias.com/daily-updates/daily-news-analysis/shore-temple'
		],
		(int) 15 => [
			'title' => 'Subramaniya Bharathi',
			'catname' => 'News Analysis',
			'desc' => '<h3>Why in News<a href="http://www.drishtiias.com/images/uploads/1576139710_image4.jpg" target="_blank" rel="noopener"><img class="content-img" src="http://www.drishtiias.com/images/uploads/1576139710_image4.jpg" width="156" height="203" style="float: right;" caption="false" /></a></h3>
<p>The Prime Minister of India paid tribute to poet-reformer Subramania Bharathi on his <strong>137<sup>th</sup> birth anniversary,</strong> describing him as a symbol of patriotism.</p>
<ul style="list-style-type: square;">
<li><strong>C. Subramaniya Bharathi</strong>&nbsp;was born on 11<sup>th</sup> December 1882, in Ettayapuram village of Tirunelveli District in Tamil Nadu.</li>
<li>He was a <strong>poet, freedom fighter and social reformer from Tamil Nadu.</strong> <br />
<ul style="list-style-type: circle;">
<li>He was known as <strong>Mahakavi Bharathiyar</strong> and his songs on nationalism and freedom of India helped to rally the masses to support the Indian Independence Movement in Tamil Nadu.</li>
</ul>
</li>
<li><strong>Few of his poems are: &ldquo;Kannan Pattu, Nilavum Vanminum Katrum, Panchali Sabatam and Kuyil Pattu&rdquo;.</strong><br />
<ul style="list-style-type: circle;">
<li>He published the sensational <strong>&ldquo;Sudesa Geethangal&rdquo;</strong> in 1908.</li>
</ul>
</li>
<li>In order to proclaim its revolutionary ardour, Bharathi had the weekly newspaper named &lsquo;India&rsquo; printed in red paper. It was the first paper in Tamil Nadu to publish political cartoons. He also published and edited a few other journals like <strong>&ldquo;Vijaya&rdquo;.</strong></li>
<li>He attended the annual sessions of Indian National Congress and discussed national issues with extremist leaders like Bipin Chandra Pal, B.G. Tilak and V.V.S. Iyer. <br />
<ul style="list-style-type: circle;">
<li>His participation and activities in<strong> Benaras Session (1905)</strong> and <strong>Surat Session (1907)</strong> of the Indian National Congress impressed many national leaders for his patriotic fervour.</li>
</ul>
</li>
</ul>
<p><a href="https://pib.gov.in/PressReleseDetail.aspx?PRID=1595824" target="_blank" rel="noopener"><strong>Source: PIB</strong></a></p>',
			'postdate' => object(Cake\I18n\FrozenTime) {},
			'url' => 'https://www.drishtiias.com/daily-updates/daily-news-analysis/subramaniya-bharathi'
		],
		(int) 16 => [
			'title' => 'Citizenship (Amendment) Bill, 2019',
			'catname' => 'News Analysis',
			'desc' => '<h3>Why in News</h3>
<p>The Parliament has passed the Citizenship (Amendment) Bill (CAB), 2019.</p>
<ul style="list-style-type: square;">
<li>The Bill seeks to grant Indian Citizenship to persons belonging to <strong>Hindu, Sikh, Buddhist, Jain, Parsi</strong> and <strong>Christian</strong> communities who have migrated to India after facing persecution on <strong>grounds of religion</strong> in <strong>Pakistan, Afghanistan</strong> and <strong>Bangladesh.</strong></li>
<li>It basically intends to make it easier for<strong> non-Muslim immigrants</strong> from India&rsquo;s three Muslim-majority neighbours to become citizens of India.</li>
</ul>
<h3>Background</h3>
<ul style="list-style-type: square;">
<li>In India, <strong>citizenship is regulated by the Citizenship Act, 1955.</strong> The Act specifies that citizenship may be acquired in India through five methods &ndash; by birth in India, by descent, through registration, by naturalisation (extended residence in India), and by incorporation of territory into India.</li>
<li>However, <strong>illegal migrants cannot become Indian citizens.</strong> Under the Act, an illegal migrant is a foreigner who: <br />
<ul style="list-style-type: circle;">
<li>enters the country without valid travel documents like a passport and visa, or&nbsp;enters with valid documents, but stays beyond the permitted time period.</li>
<li>Illegal migrants may be put in jail or deported under the Foreigners Act, 1946 and the Passport (Entry into India) Act, 1920.</li>
</ul>
</li>
<li>In 2015 and 2016,<strong> the government exempted specified groups of illegal migrants</strong> from provisions of the 1946 and 1920 Acts. They were Hindus, Sikhs, Buddhists, Jains, Parsis and Christians from Afghanistan, Bangladesh and Pakistan, who reached India on or before December 31, 2014.</li>
<li>This meant that these particular categories of illegal migrants would not be deported or jailed for being in India without valid documents.</li>
<li><strong><a href="/daily-updates/daily-news-analysis/lok-sabha-passes-citizenship-amendment-bill-2016" target="_blank" rel="noopener">The Citizenship (Amendment) Bill, 2016</a></strong> was introduced in Parliament to amend the Citizenship Act, 1955, so that these people could be made eligible for citizenship of India.</li>
<li>The Bill lapsed with the dissolution of the 16th Lok Sabha. Subsequently, the Citizenship (Amendment) Bill, 2019 was introduced in Lok Sabha in December 2019.</li>
</ul>
<p><a href="http://www.drishtiias.com/images/uploads/1576144008_1576139111_image3.jpg" target="_blank" rel="noopener"><img class="content-img" src="http://www.drishtiias.com/images/uploads/1576144008_1576139111_image3.jpg" width="576" height="261" style="display: block; margin-left: auto; margin-right: auto;" /></a></p>
<h3>Key Features</h3>
<ul style="list-style-type: square;">
<li><strong>Citizenship on the basis of religion:</strong> The Bill amends the Citizenship Act, 1955, and for the first time, will grant citizenship on the basis of religion to non-Muslim communities from Afghanistan, Bangladesh and Pakistan, who entered India on or before December 31, 2014.</li>
<li><strong>Non - Muslim Communities Included:</strong> Hindu, Sikh, Buddhist, Jain, Parsi, and Christian. This implies that migrants, who identify themselves with any group or community other than those mentioned here, from the above mentioned countries won't be eligible for citizenship.</li>
<li><strong>Exceptions:</strong> The provisions on citizenship for illegal migrants <strong>will not apply to two categories -</strong> states protected by the<a href="/daily-updates/daily-news-analysis/nagaland-extends-ilp-in-dimapur" target="_blank" rel="noopener"><strong> &lsquo;Inner Line&rsquo;</strong></a>, and areas covered under the <strong>Sixth Schedule</strong> of the Constitution.<br />
<ul style="list-style-type: circle;">
<li><strong>Inner Line Permit (ILP):</strong> This is a special permit that citizens from other parts of India require to enter a state protected by the ILP regime. Without an ILP granted by the state government, an Indian from another state cannot visit a state that is under the ILP regime.</li>
<li><strong>Sixth Schedule:</strong> The Sixth Schedule relates to special provisions in administration of certain Northeastern states (Assam, Mizoram, Meghalaya and Tripura). It provides special powers for Autonomous District Councils (ADCs) in these states.</li>
</ul>
</li>
<li><strong>Citizenship by Naturalization</strong><br />
<ul style="list-style-type: circle;">
<li>Under The Citizenship Act, 1955, one of the requirements for citizenship by naturalisation is that the applicant must have resided in India <strong>during the last 12 months,</strong> as well as for <strong>11 of the previous 14 years.</strong></li>
<li>The amendment<strong> relaxes</strong> the second requirement from <strong>11 years to 5 years</strong> as a specific condition for applicants belonging to the specified six religions, and the above mentioned three countries.</li>
</ul>
</li>
<li><strong>Additional Ground for Cancelling Overseas Citizen of India (OCI) Registration i.e.</strong> violation of any law notified by the central government. <br />
<ul style="list-style-type: circle;">
<li>However, the Bill does not provide any guidance on the nature of laws which the central government may notify. The Supreme Court has noted that this guidance is necessary to set limits on the authority&rsquo;s powers and to avoid any arbitrariness in exercise of powers.</li>
</ul>
</li>
</ul>
<h3>Arguments Against the Bill</h3>
<ul style="list-style-type: square;">
<li>The fundamental criticism of the Bill has been that it <strong>specifically targets Muslims.</strong> Critics argue that it is<strong> violative of Article 14 of the Constitution</strong> (which guarantees the right to equality) and the principle of<strong> secularism.</strong></li>
<li>India has several other refugees that include<strong> Tamils from Sri Lanka</strong> and <strong>Hindu Rohingya from Myanmar</strong>. They are <strong>not covered under the Act.</strong></li>
<li>Despite exemption granted to some regions in the Northeastern states, the prospect of citizenship for massive numbers of illegal Bangladeshi migrants has triggered deep anxieties in the states.</li>
<li>It will be difficult for the government to differentiate between illegal migrants and those persecuted.</li>
</ul>
<h3>Arguments in Favour</h3>
<ul style="list-style-type: square;">
<li>The government has clarified that Pakistan, Afghanistan and Bangladesh are Islamic republics where<strong> Muslims</strong> are in majority hence they <strong>cannot be treated as persecuted minorities.</strong> It has assured that the government will examine the application from any other community <strong>on a case to case basis.</strong></li>
<li>This Bill will come as a big boon to all those people who have been the<strong> victims of Partition</strong> and the subsequent conversion of the three countries into theocratic Islamic republics.<br />
<ul style="list-style-type: circle;">
<li>Citing partition between India and Pakistan on religious lines in 1947, the government has argued that millions of citizens of undivided India belonging to various faiths were staying in Pakistan and Bangladesh from 1947.</li>
<li>The constitutions of Pakistan, Afghanistan and Bangladesh provide for a specific state religion. As a result, many persons belonging to Hindu, Sikh, Buddhist, Jain, Parsi and Christian communities have faced persecution on grounds of religion in those countries.</li>
<li>Many such persons have fled to India to seek shelter and continued to stay in India even if their travel documents have expired or they have incomplete or no documents.</li>
</ul>
</li>
<li>After Independence, not once but twice,<strong> India conceded that the minorities in its neighbourhood is its responsibility.</strong> First, immediately after Partition and again during the Indira-Mujib Pact in 1972 when India had agreed to absorb over 1.2 million refugees. It is a historical fact that on both occasions, it was only the Hindus, Sikhs, Buddhists and Christians who had come over to Indian side.</li>
</ul>
<p><a href="https://www.thehindu.com/news/national/parliament-clears-citizenship-amendment-bill/article30279517.ece" target="_blank" rel="noopener"><strong>Source: TH</strong></a></p>',
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		],
		(int) 17 => [
			'title' => 'Taj Trapezium Zone',
			'catname' => 'News Analysis',
			'desc' => '<h3>Why in News</h3>
<p>Recently, the Supreme Court has permitted Northern Railways to cut over 400 trees in the Taj Trapezium Zone (TTZ) for construction of an additional rail track between Delhi and Agra on the condition of mandatory compensatory afforestation.</p>
<h3>Background</h3>
<ul style="list-style-type: square;">
<li><strong>Supreme Court Ruling:</strong> In response to a Public Interest Litigation seeking to protect the Taj Mahal from environmental pollution, the Supreme Court of India delivered a ruling in December,1996 that banned the use of coal/ coke in industries located in the TTZ.<br />
<ul style="list-style-type: circle;">
<li>It ordered for switching over from coal/ coke to natural gas, and relocating them outside the TTZ or shutting down.</li>
</ul>
</li>
<li>The Central Government in exercise of the powers conferred under the <strong>Environment (Protection) Act, 1986</strong> has constituted the <strong>Taj Trapezium Zone Pollution (Prevention and Control) authority in 1998.</strong></li>
<li><strong>TTZ</strong> is a defined area of 10,400 sq km around the Taj Mahal to protect the monument from pollution. <br />
<ul style="list-style-type: circle;">
<li>TTZ is so named since it is located around the Taj Mahal and is shaped like a trapezium.</li>
<li>It comprises monuments including three <a href="/daily-updates/daily-news-analysis/world-heritage-week-2019" target="_blank" rel="noopener"><strong>World Heritage Sites</strong></a> the <strong>Taj Mahal, Agra Fort </strong>and <strong>Fatehpur Sikri.</strong></li>
</ul>
</li>
</ul>
<p><a href="http://www.drishtiias.com/images/uploads/1576136330_image2.jpg" target="_blank" rel="noopener"><strong><img class="content-img" src="http://www.drishtiias.com/images/uploads/1576136330_image2.jpg" width="507" height="300" style="display: block; margin-left: auto; margin-right: auto;" caption="false" /></strong></a></p>
<h3>Geographical location</h3>
<ul style="list-style-type: square;">
<li>The geographical limits of the Taj Trapezium Zone is defined in the shape of a trapezium lying in the Agra Division of the <strong>State of Uttar Pradesh</strong> and in the Bharatpur Division of the <strong>State of Rajasthan.</strong></li>
</ul>
<p><a href="https://www.livemint.com/" target="_blank" rel="noopener"><strong>Source: Live mint</strong></a></p>',
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		(int) 18 => [
			'title' => 'Heavy Metals Contaminating India’s Rivers',
			'catname' => 'News Analysis',
			'desc' => '<h3>Why in News</h3>
<p>Recently, the <a href="/daily-updates/daily-news-analysis/central-water-commission-on-kerala-floods" target="_blank" rel="noopener"><strong>Central Water Commission (CWC)</strong></a> has reported that the samples from<strong> two-thirds of the water quality stations</strong> spanning India&rsquo;s major rivers are contaminated by<strong> one or more heavy metals, exceeding safe limits</strong> set by the <a href="/daily-updates/daily-news-analysis/bureau-of-indian-standards-bis-act-2016" target="_blank" rel="noopener"><strong>Bureau of Indian Standards</strong></a>.</p>
<ul style="list-style-type: square;">
<li>The samples from only <strong>one-third</strong> of water quality stations were <strong>safe</strong> whereas <strong>65%</strong> were <strong>polluted</strong> by <strong>heavy metals.</strong><br />
<ul style="list-style-type: circle;">
<li>Heavy metals are naturally occurring elements that have a high atomic weight and a density of at least 5 times greater than that of water.</li>
</ul>
</li>
<li>The exercise was <strong>limited to surface water</strong> and<strong> did not cover</strong> <a href="/to-the-points/paper3/groundwater-crisis-in-india" target="_blank" rel="noopener"><strong>groundwater</strong></a> contamination.</li>
<li>The <strong>presence of metals</strong> in drinking water to <strong>some extent</strong> is <strong>unavoidable</strong> and certain metals, in<strong> trace amounts,</strong> are required for <strong>good health.</strong> However, when present above safe limits, they are associated with a range of disorders.<br />
<ul style="list-style-type: circle;">
<li><strong>Long-term exposure</strong> to the heavy metals may result in physical, muscular, and neurological degenerative processes that mimic Alzheimer&rsquo;s disease, Parkinson&rsquo;s disease, muscular dystrophy and multiple sclerosis.</li>
</ul>
</li>
</ul>
<h3>Key Points<a href="http://www.drishtiias.com/images/uploads/1576135756_image1.jpg" target="_blank" rel="noopener"><img class="content-img" src="http://www.drishtiias.com/images/uploads/1576135756_image1.jpg" width="263" height="177" style="float: right;" caption="false" /></a></h3>
<ul style="list-style-type: square;">
<li><strong>Iron</strong> emerged as the <strong>most common contaminant</strong> with<strong> above safe limits</strong> across the country.</li>
<li><strong>Arsenic and zinc</strong> are the two toxic metals whose concentration is always found within the limits.<br />
<ul style="list-style-type: circle;">
<li>Arsenic contamination is a major environmental issue that affects <strong>groundwater.</strong></li>
</ul>
</li>
<li>The other <strong>major contaminants</strong> found in the samples were<strong> lead, nickel, chromium, cadmium and copper.</strong></li>
<li>The contamination of water sites depends on the<strong> season.</strong> As the <strong>varied presence of contaminants</strong> is found in <strong>different seasons.</strong> Thus, the water samples were collected in <strong>three different</strong> seasons: <strong>Non-Monsoon, and Monsoon.</strong><br />
<ul style="list-style-type: circle;">
<li><strong>Non-Monsoon Period:</strong> Lead, cadmium, nickel, chromium and copper contamination were more common in this period.</li>
<li><strong>Monsoon Period:</strong> Iron, lead, chromium and copper exceeded &lsquo;tolerance limits&rsquo; in this period most of the time.</li>
</ul>
</li>
</ul>
<h3>Reasons for Contamination of Surface Water</h3>
<ul style="list-style-type: square;">
<li>The main sources of heavy metal pollution are <a href="/daily-updates/daily-news-analysis/rat-hole-mining" target="_blank" rel="noopener"><strong>mining</strong></a>, milling, plating and surface finishing industries that discharge a variety of toxic metals into the environment.</li>
<li>The population growth and rise in agricultural and industrial activities are also responsible for contamination of surface water.</li>
</ul>
<p><a href="https://www.thehindu.com/news/national/heavy-metals-contaminating-indias-rivers/article30279681.ece" target="_blank" rel="noopener"><strong>Source: TH</strong></a></p>',
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		],
		(int) 19 => [
			'title' => 'Retributive Justice',
			'catname' => 'News Editorials',
			'desc' => '<div class="border">
<p>This article is based on<a href="https://www.thehindu.com/opinion/op-ed/demonising-the-legal-system-wont-help/article30239307.ece" target="_blank" rel="noopener"><strong> &ldquo;Demonising the legal system won&rsquo;t help&rdquo;</strong> </a>which was published in The Hindu on 09/12/2019. It highlights the challenges associated with retributive justice.</p>
</div>
<p>The demand for speedy retributive justice in the recent heinous crime done against a veterinarian has brought into light the question of extra-constitutional killings. The public sentiments, political demand of public lynching of rapists inter-alia have raised the debate whether a democratic country should follow the constitutional norms and adhere to the due process of law or shall it adopt the measures of retributive justice to bring instant and speedy justice to the victim.</p>
<h3>What do we mean by Retributive Justice?</h3>
<p>Retributive justice is a system of criminal justice based on the <strong>punishment of offenders rather than on rehabilitation.</strong> It is a theory of punishment that when an offender breaks the law, justice requires that he or she must <strong>suffer in return.</strong> It also requires that the response to a crime must be proportional to the committed offence.</p>
<h3>Current Issue</h3>
<ul style="list-style-type: square;">
<li>While in India we have had a stringent, amended rape law in place and also fast track judicial processes, the <a href="/daily-updates/daily-news-editorials/war-on-women" target="_blank" rel="noopener"><strong>crime against women is still on the rise.</strong></a></li>
<li>In the recent Hyderabad case, the police first turned away the victim&rsquo;s family when they went to lodge a complaint and finally after the encounter of the four alleged convicts they claimed that the accused, who was under heavy police protection, tried to escape and had to be killed.</li>
<li>From protests on the ground, to the commentary on social media, to MPs in Parliament, the demand for the instant killing of the accused from all corners created the public opinion for the <strong>abandonment of the rule of law</strong> that appears to have led to the incident.<br />
<ul style="list-style-type: circle;">
<li>The argument in this regard is that there is a perception that the legal institutions are ill-equipped to deal with such crimes and to bring the perpetrators to justice. The rule of law is not giving women the due justice, and that at the very least, laws need to be amended to create a stronger deterrent and provide quicker closure to victims of crimes of sexual violence.</li>
<li>But this argument needs to be challenged. As per the <strong>National Crime Records Bureau data-2017, chargesheeting rates</strong> in cases of rape as well as rape and murder are higher than that for all other violent crimes, and the <strong>conviction rates are higher too,</strong> while the <strong>pendency rates</strong> are roughly the same as the average for all violent crimes.</li>
</ul>
</li>
</ul>
<ul style="list-style-type: square;">
<li>For several affected families, death is the only answer to rape. But public responses that equate judicial outcomes and justice to immediate and quick retribution are neither universal nor just.</li>
<li>This raises a concern whether retributive justice is the way to go in a democratic country that has a historical legacy of resisting violence in fundamentally non-retributive ways?</li>
</ul>
<h3>Constitutional Conflict</h3>
<ul style="list-style-type: square;">
<li>There is a procedure prescribed by the law for criminal investigation which is embedded in constitutional principles. <strong>Article 21</strong> of the Constitution (which is fundamental and non-derogable) states that no person shall be deprived of his life or personal liberty except according to the procedure established by law. <br />
<ul style="list-style-type: circle;">
<li>Hence, <strong>it is the responsibility of the police, being the officers of government, to follow the Constitutional principles and uphold the Right to Life</strong> of every individual whether an innocent one or a criminal.</li>
</ul>
</li>
<li>Also in the <strong>Salwa Judum case in 2011</strong> a core constitutional precept was set out that in modern constitutionalism no wielder of power can be allowed to claim the right to perpetrate state&rsquo;s violence against anyone. This is also the touchstone of the constitutionally prescribed rule of law<strong> (Article 14).</strong></li>
<li>Also it was argued in the <strong>Encounters case</strong> before the Andhra Pradesh High Court, the discussion on the law was on &lsquo;whether a plea of self-defense where excessive force is used, should be tried for manslaughter or murder&rsquo;.</li>
<li>Till date, there is no law in force in India that authorises the police to kill. Hence, the plea of self-defence by police cannot be used to rationalise a targeted, premeditated killing of suspects in custody.</li>
</ul>
<h3>Challenges with the Present System</h3>
<ul style="list-style-type: square;">
<li><strong>Stringent Laws:</strong> Some of the existing legal provisions are too harsh in ways that harm both men and women, and other important legal provisions are not being implemented. <br />
<ul style="list-style-type: circle;">
<li>Even, the <strong>Justice Verma Committee report</strong> acknowledged the same and recommended at improving the status of women in <strong>non-legal ways</strong> alongwith its legal recommendations that included a much-needed broadening of the definition of rape and raising of the minimum sentence for rape to 10 years.</li>
<li>However, the <strong>Criminal Law (Amendment) Act, 2013</strong> went well beyond what was recommended by the Verma Committee Report. It <strong>introduced the death penalty</strong> for some circumstances around rape, including repeat offences, despite the Verma Committee expressly arguing against this. These stringent provisions have had a few worrisome results:<br />
<ul style="list-style-type: disc;">
<li>First, there has been further <strong>criminalisation</strong> (with longer sentences) of consenting underage couples (there are over 25% cases related to breach of promise to marry).</li>
<li>Second, laws have <strong>removed any discretion</strong> in minimum sentencing from the hands of judges. There is evidence that removing such discretion actually lowers the rate of conviction.</li>
</ul>
</li>
</ul>
</li>
<li><strong>Inadequate Protection:</strong> There is now a situation where there are not much loopholes in laws concerning sexual violence against women but on the other hand, there is <strong>no legal protection for adult men</strong> from rape; and under the new <strong>Transgender Persons (Protection of Rights) Act,</strong> the sexual abuse of a transgender person carries a maximum sentence of two years only.</li>
<li><strong>Powerful Accused:</strong> There have been instances when the accused is a powerful person, there is an attempt of exhausting the individual&rsquo;s pre-trial options, including attempts to quash charges or shift the trial to a friendlier city, making a mockery of a fast-track case. <br />
<ul style="list-style-type: circle;">
<li>Other challenges include, the police officials refrain from filing an FIR (already a punishable act for the police), victims facing cross-examination about their past sexual histories, and little is done for rehabilitation or therapy offered to victims.</li>
</ul>
</li>
<li><strong>Time-consuming Process:</strong> Official statistics on the speed of trials by nature of crime are not maintained, however, there is anecdotal evidence that the <strong>average rape trial</strong> in a big city at the trial court stage is <strong>completed within two years,</strong> but the appellate process takes longer.<br />
<ul style="list-style-type: circle;">
<li>For instance, in the 2012 Delhi case, the trial was conducted within a year, the High Court appeal by March 2014, and the Supreme Court appeal by May 2017.</li>
</ul>
</li>
</ul>
<h3>Way Forward</h3>
<ul style="list-style-type: square;">
<li>Justice in any civilised society is not just about retribution, but also about deterrence, and in less serious crimes, <strong>rehabilitation</strong> of the offenders. Although existing laws on sexual crimes and punishment need a better application, a recourse to brutal retribution as suggested unwisely by many is no solution.</li>
<li>The political sanction of &ldquo;encounter killings&rdquo; to deliver swift retribution would only be a disincentive for the police to follow due process and may even deter them from pursuing the course of justice. Far from ensuring justice to the victims, <strong>bending the law in such cases would only undermine people&rsquo;s faith in the criminal justice system.</strong></li>
<li>There is no doubt that the anguish or outrage of people in the aftermath of such horrific crimes is justified. There is a need to keep in sight of the rule of law and constitutional tenets. <br />
<ul style="list-style-type: circle;">
<li>The ends of justice are not served by wanton killing and retributive blood lust. Justice lies in supporting them in their moment of grief and pain and insisting on due process that brings suspects and accused to trial through a robust, stringent and competent criminal investigation.</li>
</ul>
</li>
</ul>
<p>According to <strong>Dr. B.R. Ambedkar,</strong> the pathways of justice are not linear nor without obstacles. But we have, as a people, chosen the route of democracy and the Constitution, so we really have no option but to school ourselves in constitutional morality that with time must replace public morality.</p>
<table border="1" style="border-collapse: collapse; width: 100%;" height="97">
<tbody>
<tr>
<td style="width: 100%; border-style: dotted; border-color: #ff0000; background-color: #fcf5cc;">
<p><span style="color: #000080;"><em><strong>Drishti Mains Question</strong></em></span><br /><br />&lsquo;The ends of justice are not served by wanton killing and retributive measures&rsquo;. In the light of the given statement, briefly discuss the significance of the due process of law in the criminal investigation in India.</p>
</td>
</tr>
</tbody>
</table>
<p></p>',
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	(int) 0 => [
		'title' => 'Essential Medicines',
		'catname' => 'News Analysis',
		'desc' => '<h3>Why in News</h3>
<p>India&rsquo;s drug pricing regulator, <strong>National Pharmaceutical Pricing Authority (NPPA),</strong> has allowed an increase in the maximum retail prices of 21 drugs currently under price control by as much as 50%.</p>
<ul style="list-style-type: square;">
<li>The decision has been taken by invoking<strong> paragraph 19 of the Drug Prices Control Order (DPCO), 2013</strong> which until now has been used only to reduce the prices of stents and knee implants.</li>
<li>Most of these drugs are used as the first line of treatment and are crucial to the public health program of the country.</li>
<li>The decision by the NPPA will apply to formulations like the BCG vaccine for tuberculosis, vitamin C, antibiotics like metronidazole and benzylpenicillin, antimalarial drug chloroquine and leprosy medication dapsone.</li>
</ul>
<div class="border-bg">
<p><strong>Drug Prices Control Order, 2013</strong></p>
<ul style="list-style-type: square;">
<li>Under the provisions of DPCO 2013, only the prices of drugs that figure in the <a href="/daily-updates/daily-news-analysis/medical-%20device-margins-to-be-capped" target="_blank" rel="noopener"><strong>National List of Essential Medicines (NLEM)</strong></a> are monitored and controlled by the regulator, the National Pharmaceutical Pricing Authority. <br />
<ul style="list-style-type: circle;">
<li>Essential medicines are those that satisfy the priority healthcare needs of the majority of the population. The primary purpose of NLEM is to promote rational use of medicines considering the three important aspects i.e. cost, safety and efficacy.</li>
</ul>
</li>
<li>Paragraph 19 of the DPCO, 2013, deals with <strong>increase or decrease in drug prices under extraordinary circumstances.</strong> However, there is neither a precedent nor any formula prescribed for upward revision of ceiling prices.</li>
</ul>
</div>
<h3>Background</h3>
<ul style="list-style-type: square;">
<li>Manufacturers have been citing <strong>difficulties in supplying these drugs</strong> and many companies even have applied for discontinuation of the product on account of unviability.</li>
<li>NPPA has been receiving applications for upward price revision under para 19 of DPCO, 2013, since last two years citing reasons like &ldquo;increase in <strong>Active Pharmaceutical Ingredient - API (key ingredient) cost,</strong> increase in cost of production, exchange rates etc. resulting in unviability in sustainable production and marketing of the drugs.</li>
<li><strong>India is dependent on China for over 60% of its API requirement,</strong> higher API costs for price-controlled medicines reduce profits and sometimes even make production of these drugs unviable in India. For instance, the cost of ingredients to make vitamin C went up as much as 250%, leading to a 25-30% shortage of this drug in India in 2019.</li>
</ul>
<h3>Key Points</h3>
<ul style="list-style-type: square;">
<li>The decision has been taken to ensure that the<strong> life saving essential drugs must remain available</strong> to the general public at all times. This is to avoid a situation where these drugs become unavailable in the market and the public is forced to switch to costly alternatives.</li>
<li>This is the first time the NPPA &mdash; which is known to slash prices of essential and life-saving medicines &mdash; is increasing prices in public interest.</li>
</ul>
<p>On a longer term, <strong>India needs to build capabilities to manufacture the key ingredients</strong> for these medicines.</p>
<p><a href="https://indianexpress.com/article/india/in-a-first-regulator-hikes-prices-of-essential-drugs-6166019/" target="_blank" rel="noopener"><strong>Source: IE</strong></a></p>',
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	(int) 1 => [
		'title' => 'Accessible India Campaign',
		'catname' => 'News Analysis',
		'desc' => '<h3>Why in News</h3>
<p>The deadline for the government&rsquo;s <strong>Accessible India Campaign (AIC)</strong> has been extended to March 2020 due to slow progress.</p>
<ul style="list-style-type: square;">
<li>AIC is the nationwide flagship campaign of the Department of Empowerment of Persons with Disabilities (DEPwD), <strong>Ministry of Social Justice and Empowerment.</strong></li>
<li>The aim of the Campaign is to make a <strong>barrier-free and conducive environment for Divyangjans</strong> (Persons with Disabilities - PwDs) all over the country.</li>
</ul>
<p><a href="http://www.drishtiias.com/images/uploads/1576306605_image1.jpg" target="_blank" rel="noopener"><img class="content-img" src="http://www.drishtiias.com/images/uploads/1576306605_image1.jpg" width="656" height="328" style="display: block; margin-left: auto; margin-right: auto;" caption="false" /></a></p>
<h3>Accessible India Campaign</h3>
<ul style="list-style-type: square;">
<li><strong>Launched by</strong> the Prime Minister of India on International Day of Persons with Disabilities on 3rd December 2015.</li>
<li><strong>Background</strong><br />
<ul style="list-style-type: circle;">
<li><strong>Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995</strong> categorically provided for non-discrimination in transport and in the built environment. <br />
<ul style="list-style-type: disc;">
<li>It needs to be noted that <a href="/daily-updates/daily-news-analysis/status-on-implementation-of-the-rights-of-persons-with-disabilities-act-2016" target="_blank" rel="noopener"><strong>the Rights of Persons with Disabilities Act, 2016</strong></a> replaced the PwD Act, 1995.</li>
</ul>
</li>
<li><strong>United Nations Convention on the Rights of Persons with Disabilities (UNCRPD),</strong> to which <strong>India is a signatory,</strong> under Article 9 casts obligations on the Governments for ensuring to PwDs accessibility to (a) Information, (b) Transportation, (c) Physical Environment, (d) Communication Technology and (e) Accessibility to Services as well as emergency services.</li>
</ul>
</li>
<li><strong>Three Components of AIC</strong><br />
<ul style="list-style-type: circle;">
<li>Built Environment Accessibility</li>
<li>Transportation System Accessibility</li>
<li>Information and Communication Eco-System Accessibility</li>
</ul>
</li>
<li><strong>Targets entailed under the three components</strong><br />
<ul style="list-style-type: circle;">
<li>Making 50% of all the government buildings of National Capital and all the State capitals fully accessible by December 2018.</li>
<li>Completing accessibility audit of 50% of government buildings and making them fully accessible in 10 most important cities/towns of States by December 2019.</li>
<li>Ensuring that 50% of railway stations in the country are converted into fully accessible railway stations by March 2018.</li>
<li>Ensuring that 25% of Government owned public transport carriers in the country are converted into fully accessible carriers by March 2018.</li>
<li>Conducting accessibility audit of 50% of all government (both Central and State Governments) websites and converting them into fully accessible websites by March 2017.</li>
</ul>
</li>
</ul>
<p><a href="https://www.thehindu.com/news/national/targets-missed-accessible-india-campaigns-deadline-extended/article30300230.ece" target="_blank" rel="noopener"><strong>Source: TH</strong></a></p>',
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	(int) 2 => [
		'title' => 'Medical Devices In India',
		'catname' => 'Paper 2',
		'desc' => '<h3>Introduction</h3>
<ul style="list-style-type: square;">
<li>The medical device industry is a unique blend of engineering and medicine. It involves the creation of machines that are used to support life within the human body.</li>
<li>Medical devices include&nbsp;<strong>Surgical Equipment, Diagnostic equipment</strong> like Cardiac imaging, CT scans, X-ray, Molecular Imaging, MRI and Ultrasound-imaging including hand - held devices; <strong>Life Support equipment</strong> like ventilator, etc. as well as <strong>Implants</strong> and <strong>Disposables.</strong></li>
<li>Medical devices, unlike pharmaceuticals, are dependent on a mix of technologies such as engineering, electronics, material sciences and information technology.</li>
</ul>
<h3>Medical Devices Sector in India</h3>
<ul style="list-style-type: square;">
<li>Medical devices sector in India <strong>is very small in size</strong> as compared to the rest of the manufacturing industry, though India is one of the top twenty markets for medical devices in the world and is the <strong>4<sup>th</sup> largest market</strong> in Asia after Japan, China, and South Korea.</li>
<li>India currently <strong>imports 80-90% of medical devices</strong> of the $15 billion market, the vast majority of which are unregulated for quality and safety.</li>
</ul>
<h3>Factors Driving the Growth of Medical Devices Sector</h3>
<ul style="list-style-type: square;">
<li><strong>Market Factors&ndash;</strong> Growing population, ageing, income base and associated disposable income, increasing socio-economic inclusion of rural and deprived in mainstream economy, heightened manufacturing innovation to create customized products to meet the needs of all income segments, changing disease prevalence pattern (e.g. early onset of diabetes and heart diseases) and growing awareness among the middle class to focus on early detection and disease prevention.</li>
<li><strong>Non-market Factors&ndash;</strong> Development of infrastructure, favorable regulations, FDI inflow, outsourcing of manufacturing and R&amp;D activities to India, government initiatives to improve healthcare access through insurance schemes such as Rashtriya Swasthya Bima Yojana (RSBY), Aarogyasri, etc.</li>
</ul>
<h3>Issues Regarding Medical Devices Sector in India</h3>
<ul style="list-style-type: square;">
<li><strong>Underdeveloped:</strong> The industry is still at a nascent stage with sub-optimal penetration and usage of medical devices. This demands innovation and R&amp;D from the medical device industry in order to push for indigenisation.</li>
<li><strong>Regulatory Loopholes/deficit:</strong> The lack of regulatory systems, harmonized standards, accreditation, legal requirements, proper guidance on quality and best practices etc. are affecting the medical devices industry adversely. <br />
<ul style="list-style-type: circle;">
<li>Medical devices continue to be under the <strong>Drugs and Cosmetics Act 1940</strong> and industry representatives are pushing for a comprehensive regulation that views medical devices separately, through the entire life-cycle of the product, from design to tests on patients, incorporating doctor feedback, and surveillance of patients in whom the implants are used, etc.</li>
<li>The four draft notifications issued by the health ministry recently has notified all medical devices as &lsquo;medicines&rsquo; under the Drugs Act from December 2019.</li>
<li>However, experts and device manufacturers are demanding to bring a separate law, Medical Devices Act, to regulate the medical devices industry in India. At present only 24 out of over 6,000 devices are regulated.</li>
<li>The Drugs Act itself needs reforms as it does not uniformly and equitably regulate quality from state-to-state in the absence of a national singular regulatory authority. The recent J&amp;J episode showed the limitations of the Drugs Act and the Drugs Controller was seen to be handicapped to discipline overseas manufacturers.</li>
<li>Presently, India does not have any legal provisions to compensate patients facing health problems due to implants or the use of faulty medical devices. Under the law, companies are liable to pay compensation only when something goes wrong during a clinical trial.</li>
<li>The <strong>Johnson and Johnson&rsquo;s faulty hip implant device case</strong> is symptomatic of the failure of regulatory mechanisms to counter corporate forgery, lack of administrative accountability, breach of business/medical ethics of big pharma, and the lack of consumer/patient awareness.</li>
</ul>
</li>
<li>Investors shy away from an unpredictable, incomplete and incorrect regulatory environment. In the absence of norms, domestic manufacturing suffers as a surgeon is unsure of trying an unregulated device from a startup on a patient.</li>
</ul>
<h3>Major Recommendations of Task Force on the Medical Devices Sector In India (2015)</h3>
<ul style="list-style-type: square;">
<li><strong>Formulate &ldquo;Medical Device Regulatory Act&rdquo;:</strong> Medical devices should be treated distinctly from drugs and a separate chapter for medical devices should be made in the existing Drugs &amp; Cosmetics Act.</li>
<li><strong>Create necessary bodies to drive the policies:</strong> Set up an independent body with a permanent office and support staff to promote and facilitate the medical device industry with representatives from all related government departments as well as Industry.</li>
<li>Department of Pharmaceuticals should be strengthened and rechristened as the Department of Pharmaceuticals and Medical Devices.</li>
<li><strong>Preferential treatment in government procurement:</strong> Preference may be given to medical devices that are being manufactured in India with an additional preference for medical devices manufactured under the MSME sector.</li>
<li>Medical device testing centers should be set up preferably in the PPP model.</li>
<li>Designate &ldquo;Centers of Excellence&rdquo; (CoE) for supporting product development and validation.</li>
<li>Set up a Skill development committee with representatives from the Medical devices industry, academia (NIPERs) and Healthcare Sector Skill Council (HSSC) under the National Skill Development Council (NSDC).</li>
<li>Separate price control order for medical devices.</li>
</ul>
<p><a href="http://www.drishtiias.com/images/uploads/1576238418_image1.png" target="_blank" rel="noopener"><img class="content-img" src="http://www.drishtiias.com/images/uploads/1576238418_image1.png" width="485" height="522" style="display: block; margin-left: auto; margin-right: auto;" caption="false" /></a></p>
<h3>Recent Government Steps</h3>
<ul style="list-style-type: square;">
<li>The government has approved setting up <strong>four medical device parks</strong> with a view to support Make in India initiative and provide world-class treatment at affordable prices. The parks will be set up in Andhra Pradesh, Telangana, Tamil Nadu and Kerala. Uttarakhand and Gujarat have also approached the Centre for such parks.<br />
<ul style="list-style-type: circle;">
<li>These parks will provide the necessary infrastructure, where companies can easily plug and play.</li>
<li>This will not only cut import bills but will also help in easy access to standard testing facilities and reduce the cost of production.</li>
</ul>
</li>
<li>Government of India in November 2018 approved formula for determination of<strong> compensation for those patients who had received</strong> (prior to August 2010) <strong>faulty</strong> Articular Surface Replacement (ASR) <strong>hip implants</strong> manufactured<strong> by</strong> M/s. DePuy International Limited, U.K (M/S <strong>Johnson &amp; Johnson</strong> Pvt Ltd).<br />
<ul style="list-style-type: circle;">
<li>New provisions will be added to the Drugs and Cosmetics Act to introduce a compensation plan for faulty medical devices having adverse impacts on patients.</li>
</ul>
</li>
</ul>
<h3>Conclusion</h3>
<ul style="list-style-type: square;">
<li>There is a difference between medical devices and drugs so it would be a grave mistake to apply the same regulatory framework for both of them. A targeted and different approach is needed to regulate these complex devices.</li>
<li>Medical devices sector, being a critical sector dealing with human lives, needs to be given sufficient attention on an urgent basis to make the sector effective and transparent with the aim to make healthcare devices affordable and accessible to the masses.</li>
<li>India being a large market for medical devices should tap the potential generated by the Medical Devices Industry by strengthening its domestic framework that would greatly help in realising the vision of &ldquo;Make in India&rdquo;.</li>
</ul>
<p><a href="/mind-map/gs-paper2/medical-devices-in-india-mindmap" target="_blank" rel="noopener"><em>For Mind Map</em></a></p>',
		'postdate' => object(Cake\I18n\FrozenTime) {},
		'url' => 'https://www.drishtiias.com/to-the-points/Paper2/medical-devices-in-india-1'
	],
	(int) 3 => [
		'title' => 'Medical Devices In India',
		'catname' => 'Paper 2',
		'desc' => '<p><a href="http://www.drishtiias.com/images/uploads/1577359169_Medical%20Devices In India (Mind Map).png" target="_blank" rel="noopener"><img class="content-img" src="http://www.drishtiias.com/images/uploads/1577359169_Medical Devices In India (Mind Map).png" width="454" height="1389" style="display: block; margin-left: auto; margin-right: auto;" /></a></p>
<p style="text-align: center;"><a href="/to-the-points/Paper2/medical-devices-in-india-1" target="_blank" rel="noopener"><em>For TTP</em></a></p>',
		'postdate' => object(Cake\I18n\FrozenTime) {},
		'url' => 'https://www.drishtiias.com/mind-map/gs-paper2/medical-devices-in-india-mindmap'
	],
	(int) 4 => [
		'title' => 'PRS Capsule November 2019',
		'catname' => 'PRS Capsule',
		'desc' => '<p><em><strong>Key Highlights of PRS</strong></em></p>
<ul style="list-style-type: square;">
<li><a href="#1">Economy</a>
<ul style="list-style-type: circle;">
<li><a href="#2">Chit Funds (Amendment) Bill, 2019</a></li>
<li><a href="#3">International Financial Services Authority Bill</a></li>
<li><a href="#4">15<sup>th</sup> Finance Commission Gets One-year Extension</a></li>
<li><a href="#5">Regulatory Sandbox</a></li>
<li><a href="#6">RBI Revises Liquidity Risk Management Framework for NBFCs</a></li>
<li><a href="#7">The Industrial Relations Code, 2019</a></li>
<li><a href="#8">Company Law Committee Releases Report</a></li>
<li><a href="#9">TRAI releases recommendations on platform services by DTH operators</a></li>
<li><a href="#10">Steel Scrap Recycling Policy</a></li>
<li><a href="#11">Recycling of Ships Bill, 2019</a></li>
</ul>
</li>
<li><a href="#12">Polity</a>
<ul style="list-style-type: circle;">
<li><a href="#13">The Transgender Persons (Protection of Rights) Bill, 2019</a></li>
<li><a href="#14">Restructuring of Tribunals</a></li>
<li><a href="#15">Chief Justice of India under the Right to Information Act, 2005</a></li>
<li><a href="#16">Supreme Court upholds disqualification of 17 Karnataka MLAs</a></li>
<li><a href="#17">The Surrogacy (Regulation) Bill, 2019</a></li>
<li><a href="#18">Arms (Amendment) Bill, 2019</a></li>
<li><a href="#19">Dadra and Nagar Haveli and Daman and Diu (Merger of Union Territories) Bill, 2019</a></li>
</ul>
</li>
<li><a href="#20">Culture</a>
<ul style="list-style-type: circle;">
<li><a href="#21">The Jallianwala Bagh National Memorial (Amendment) Bill, 2019</a></li>
</ul>
</li>
<li><a href="#22">External Affairs</a>
<ul style="list-style-type: circle;">
<li><a href="#23">11<sup>th</sup> BRICS summit</a></li>
</ul>
</li>
</ul>
<h2 id="1">Economy</h2>
<h3 id="2">Chit Funds (Amendment) Bill, 2019</h3>
<p><a href="/daily-updates/daily-news-analysis/chit-funds-amendment-bill-2019" target="_blank" rel="noopener"><strong>Chit Funds (Amendment) Bill, 2019</strong></a> has been passed by the Parliament. The Bill seeks to amend the Chit Funds Act, 1982. The Act regulates chit funds and prohibits a fund from being created without prior sanction of the state government.</p>
<p><strong>Chit Fund</strong></p>
<ul style="list-style-type: square;">
<li>Under a chit fund, people agree to pay a certain amount from time to time into a fund. Periodically, one of the subscribers is chosen by drawing a chit to receive the prize amount from the fund.</li>
</ul>
<p><strong>Key Features of the Bill</strong></p>
<ul style="list-style-type: square;">
<li><strong>Names for a Chit Fund:</strong> The Act specifies various names which may be used to refer to a chit fund.
<ul style="list-style-type: circle;">
<li>These include chit, chit fund, and kuri.</li>
<li>It additionally inserts<strong> &lsquo;fraternity fund&rsquo;</strong> and <strong>&lsquo;rotating savings and credit institution&rsquo;</strong> to this list.</li>
</ul>
</li>
<li><strong>Presence of Subscribers through Video-Conferencing:</strong> The Act specifies that a chit will be drawn in the presence of at least two subscribers.
<ul style="list-style-type: circle;">
<li>The Bill seeks to allow these subscribers to join via video-conferencing.</li>
</ul>
</li>
<li><strong>Foreman&rsquo;s Commission:</strong> The &lsquo;foreman&rsquo; is responsible for managing the chit fund. He is entitled to a maximum commission of 5% of the chit amount.
<ul style="list-style-type: circle;">
<li>The Bill seeks to increase the commission to 7%.</li>
<li>Further, the Bill allows the foreman a right to lien against the credit balance from subscribers.</li>
</ul>
</li>
<li><strong>Aggregate Amount of Chits:</strong> Under the Act, chits may be conducted by firms, associations or individuals.
<ul style="list-style-type: circle;">
<li>The Act specifies the maximum amount of chit funds which may be collected.</li>
</ul>
</li>
<li><strong>Application of the Act:</strong> Currently, the Act does not apply to: (i) any chit started before it was enacted, and (ii) any chit (or multiple chits being managed by the same foreman) where the amount is less than Rs 100.
<ul style="list-style-type: circle;">
<li>The Bill removes the limit of Rs 100 and allows the state governments to specify the base amount over which the provisions of the Act will apply.</li>
</ul>
</li>
</ul>
<div class="border-bg">
<p><strong>Lien</strong></p>
<ul style="list-style-type: square;">
<li>A lien is a claim or legal right against assets that are typically used as collateral to satisfy a debt.</li>
<li>If the underlying obligation is not satisfied, the creditor may be able to seize the asset that is the subject of the lien.</li>
</ul>
</div>
<h3 id="3">International Financial Services Authority Bill</h3>
<p>The Bill provides for the establishment of an Authority to develop and regulate the financial services market in the International Financial Services Centres in India.</p>
<p><strong>Key features of the Bill</strong></p>
<ul style="list-style-type: square;">
<li><strong>Coverage:</strong> The Bill will apply to all <a href="/daily-updates/daily-news-analysis/international-financial-services-centres-authority-bill-2019" target="_blank" rel="noopener"><strong>International Financial Services Centres</strong> </a>(IFSCs) set up under the Special Economic Zones Act, 2005.</li>
<li><strong>Constitution of the International Financial Services Centres Authority:</strong> The Bill sets up the International Financial Services Centres Authority.
<ul style="list-style-type: circle;">
<li>The Authority will consist of nine members (including a chairperson), appointed by the central government.</li>
<li>Members of the Authority will include representation from the RBI, SEBI, the Insurance Regulatory and Development Authority of India, the Pension Fund Regulatory Development Authority, and the Ministry of Finance.</li>
</ul>
</li>
<li><strong>Functions of the Authority include:</strong>
<ul style="list-style-type: circle;">
<li>Regulating financial products (such as securities, deposits or contracts of insurance), financial services, and financial institutions in an IFSC which have been approved by any regulator (such as the RBI or SEBI), before the enactment of this Act.</li>
<li>Regulating any other financial products, financial services, or financial institutions in an IFSC, which may be notified by the central government.</li>
<li>Recommending to the central government, any other financial services, products, or financial institutions which may be permitted in an IFSC.</li>
</ul>
</li>
<li><strong>International Financial Services Centres Authority Fund:</strong> The Bill sets up the International Financial Services Centres Authority Fund.
<ul style="list-style-type: circle;">
<li>Grants, fees and charges received by the Authority and sums received by the Authority from various sources will be credited to the Fund.</li>
</ul>
</li>
<li><strong>Transaction in foreign currency:</strong> As per the Bill, all transactions of financial services in IFSCs will be in such foreign currency as specified by the Authority, in consultation with the central government.</li>
</ul>
<h3 id="4">15<sup>th</sup> Finance Commission Gets One-year Extension</h3>
<p>The President extended the period of the 15<sup>th</sup> Finance Commission (the period for which it is required to give its recommendations) by one year, from 2020-25 to 2020-26.</p>
<ul style="list-style-type: square;">
<li>Earlier, the Commission was required to submit its report by November 2019, consisting of recommendations for the period 2020-21 to 2024-25.</li>
<li>This extension was given, due to the <a href="/current-affairs-news-analysis-editorials/news-analysis/05-08-2019#2719" target="_blank" rel="noopener"><strong>change in the status of Jammu &amp; Kashmir&rsquo;s statehood</strong></a> as the Fifteenth Finance Commission will have to rework its calculations for interstate distribution of central resources among different states.</li>
</ul>
<h3 id="5">Regulatory Sandbox</h3>
<p>The <a href="/important-institutions/drishti-specials-important-institutions-national-institutions/important-institutions-national-institution-reserve-bank-of-india" target="_blank" rel="noopener"><strong>Reserve Bank of India (RBI)</strong> </a>had released the enabling framework for <a href="/daily-updates/daily-news-analysis/sandbox-for-fintech" target="_blank" rel="noopener"><strong>regulatory sandbox</strong></a> in August 2019.</p>
<ul style="list-style-type: square;">
<li>The sandbox provides an environment which allows market participants to test new products, services or business models with customers in a controlled environment.</li>
<li>RBI has called for applications for the following products/services under the above theme:
<ul style="list-style-type: circle;">
<li>Offline payment solutions</li>
<li>Contactless payments</li>
<li>Feature phone-based payment services</li>
</ul>
</li>
</ul>
<h3 id="6">RBI Revises Liquidity Risk Management Framework for NBFCs</h3>
<p>RBI issued final guidelines on the <a href="/daily-updates/daily-news-analysis/nbfc-liquidity-norms" target="_blank" rel="noopener"><strong>asset-liability management and liquidity coverage ratio framework</strong></a> for Non-Banking Financial Companies (NBFCs).</p>
<div class="border-bg">
<p><strong>NBFC</strong></p>
<ul style="list-style-type: square;">
<li>An NBFC is a company which engages in the acquisition of government securities and shares, and business of loans or advances.</li>
<li>It does not accept demand deposits and cannot issue payment instruments.</li>
<li>Further, more than half of its assets should comprise of financial assets (investment in equity shares, securities or loans).</li>
<li>Category 1 NBFCs include all deposit-taking NBFCs and non-deposit taking with an asset size of Rs 10,000 crore and above.</li>
<li>Category 2 NBFCs include non-deposit taking NBFCs with an asset size between Rs 5,000 crore and Rs 10,000 crore.</li>
</ul>
</div>
<p><strong>Liquidity Risk management Framework</strong></p>
<ul style="list-style-type: square;">
<li>It aims to ensure adequate liquidity (NBFCs capacity to meet unexpected cash and collateral obligations without incurring unacceptable losses).</li>
<li>This is done through high-quality liquid assets (assets that can be readily sold or converted to cash, or used as collateral to obtain funds in the situation of stress).</li>
<li>The revised guidelines have also introduced the Liquidity Coverage Ratio (LCR) as an added measure for liquidity risk management for certain categories of NBFCs.</li>
<li>As per the guidelines, all public deposits taking NBFCs and non-deposit taking (with an asset size of Rs 5,000 crore and above) will have to maintain a minimum LCR, in order to sustain acute liquidity stress scenarios (stress lasting for 30 days).
<ul style="list-style-type: circle;">
<li>LCR is the ratio of the stock of high-quality liquid assets to the total cash outflows of the NBFC, for a period of 30 days.</li>
</ul>
</li>
<li>These requirements would be binding on the NBFCs from December 1, 2020.</li>
</ul>
<h3 id="7">The Industrial Relations Code, 2019</h3>
<p>The Industrial Relations Code, 2019 was introduced in Lok Sabha. It seeks to replace three labour laws:</p>
<ul style="list-style-type: square;">
<li>The Industrial Disputes Act, 1947</li>
<li>The Trade Unions Act, 1926</li>
<li>The Industrial Employment (Standing Orders) Act, 1946.</li>
</ul>
<p>Key features of the Bill include:</p>
<ul style="list-style-type: square;">
<li><strong>Trade unions:</strong>
<ul style="list-style-type: circle;">
<li>Under the Code, seven or more members of a trade union can apply to register it.</li>
<li>Trade unions that have a membership of at least 10% of the workers or 100 workers, whichever is less, will be registered.</li>
<li>Further, the central or state government may recognise a trade union or a federation of trade unions as Central or State Trade Unions respectively.</li>
</ul>
</li>
<li><strong>Negotiating unions:</strong>
<ul style="list-style-type: circle;">
<li>The Code provides for a negotiation union in an industrial establishment for negotiating with the employer.</li>
<li>If there is only one trade union in an industrial establishment, then the employer is required to recognise such trade union as the sole negotiating union of the workers.</li>
<li>In case of multiple trade unions, the trade union with the support of at least 75% of workers will be recognised as the negotiating union by the government.</li>
</ul>
</li>
<li><strong>Lay-off and retrenchment:</strong>
<ul style="list-style-type: circle;">
<li>The Code defines lay-off as the inability of an employer, due to shortage of coal, power, or breakdown of machinery, from giving employment to a worker. It also provides for employers to terminate the services of a worker, i.e., retrenchment.</li>
<li>Employers of industrial establishments with at least 100 workers are required to take prior permission of the central or state government before lay-off, retrenchment or closure of an establishment.</li>
<li>The central or state government can modify this threshold number of workers by notification. Any person who contravenes this provision is punishable with a fine between one lakh rupees and Rs 10 lakh.</li>
</ul>
</li>
<li><strong>Resolution of industrial disputes:</strong>
<ul style="list-style-type: circle;">
<li>The central or state governments may appoint conciliation officers to mediate and promote settlement of industrial disputes.</li>
<li>These officers will investigate the dispute and hold conciliation proceedings to arrive at a fair and amicable settlement of the dispute.</li>
<li>If no settlement is arrived at, then any party to the dispute can make an application to an Industrial Tribunal set up under the Code.</li>
</ul>
</li>
</ul>
<h3 id="8">Company Law Committee Releases Report</h3>
<p>The <a href="/daily-updates/daily-news-analysis/committee-to-review-the-offences-under-the-companies-act" target="_blank" rel="noopener"><strong>Company Law Committee</strong> </a>headed by Mr. Injeti Srinivas submitted its report to the Ministry of Corporate Affairs.</p>
<ul style="list-style-type: square;">
<li>The Committee made recommendations to the government about the re-categorisation of certain criminal offences in the Companies Act, 2013. It also suggested certain other changes to facilitate the ease of doing business.</li>
</ul>
<p><strong>Key observations and recommendations include:</strong></p>
<ul style="list-style-type: square;">
<li><strong>Rationale for re-categorisation:</strong> The Committee observed that a balance must be struck between civil and criminal sanctions when dealing with corporate conduct.</li>
<li>Serious violations of the law, especially wrongful conduct involving fraudulent elements, should be dealt with under criminal law. However, procedural, technical, and minor non-compliance may be dealt with through civil jurisdiction.</li>
<li><strong>Offences to be omitted or dealt with under alternative frameworks:</strong> The Committee believed that certain offences could be dealt with through other laws or alternative mechanisms. It recommended that seven offences be omitted.
<ul style="list-style-type: circle;">
<li>These offences may be omitted from the Act. These include those relating to noncompliance with National Company Law Tribunal orders regarding failure to redeem debentures.</li>
<li>The Committee also recommended that five offences be dealt with under alternative frameworks such as the Insolvency and Banking Code.</li>
<li>These offences included those relating to noncooperation of promoters or directors with the company liquidator.</li>
</ul>
</li>
<li><strong>Offences restricted to fine only:</strong> The Committee noted that certain offences were severe enough to warrant criminal liability but not necessitate incarceration.
<ul style="list-style-type: circle;">
<li>The imposition of a penalty as punishment would suffice. These offences included those relating to non-compliance of companies with charitable objects (such as the promotion of social welfare) with the requirements imposed on them.</li>
</ul>
</li>
<li><strong>Ease of living related changes:</strong> The Committee suggested certain changes relating to improving the ease of living in the country for corporates.
<ul style="list-style-type: circle;">
<li>These include enabling the centre to enhance limits on Corporate Social Responsibility obligation thresholds to help improve CSR compliance.</li>
</ul>
</li>
</ul>
<h3 id="9">TRAI releases recommendations on platform services by DTH operators</h3>
<p>TRAI has released recommendations on platform services offered by Direct to Home (DTH) operators.There are different types of distribution service providers of TV channels based on the technology used for distribution including <a href="/loksabha-rajyasabha-discussions/the-big-picture-dth-v-s-ott" target="_blank" rel="noopener"><strong>DTH services</strong></a>, local cable operators, and Internet Protocol Television Services.</p>
<ul style="list-style-type: square;">
<li>All distribution service providers offer certain programs which are specific to each platform and are not obtained from satellite-based broadcasters. These programs are referred to as platform services. Platform services provide the operators with an additional source of revenue through subscription of such services as well as advertisements on these services.</li>
</ul>
<p><strong>Key recommendations are as follows:</strong></p>
<ul style="list-style-type: square;">
<li><strong>Definition of platform services:</strong> Platform services have been defined as the programs transmitted by operators exclusively to their own subscribers. They do not include Doordarshan channels, registered satellite TV channels, or foreign TV channels not registered in India.</li>
<li><strong>Registration:</strong> The DTH operator will be required to register the platform service channel with the appropriate authority, and pay Rs 10,000 for every such channel.</li>
<li><strong>Sharing of platform services:</strong> The platform services provided by one operator will be exclusive to itself, and will not be shared with another operator.</li>
<li>Violation of this provision may lead to cancellation of registration of the platform service channel which was shared.</li>
<li><strong>Cap on number of platform services:</strong> The total number of platform services that an operator can offer will be 3% of total channel carrying capacity of the operator platform, or 15, whichever is higher.</li>
</ul>
<h3 id="10">Steel Scrap Recycling Policy</h3>
<p>The Ministry of Steel released the <a href="/daily-updates/daily-news-analysis/steel-scrap-recycling-policy" target="_blank" rel="noopener"><strong>Steel Scrap Recycling Policy.</strong> </a>The policy seeks to provide a framework to <strong>promote the establishment of metal scrapping centres for processing and recycling of steel scrap</strong> generated from various sources such as appliances and vehicles. The policy provides guidelines for collection, dismantling and shredding activities in an organised, safe, and environment-friendly manner. It describes the roles and responsibilities of collection centres, dismantling centres, scrap processing centres, and the government as follows:</p>
<ul style="list-style-type: square;">
<li><strong>Collection centres:</strong> Collection centres include individuals, local scrap dealers, and distributors engaged in the collection of scrap.
<ul style="list-style-type: circle;">
<li>The collection centres may also assist the processing centres in initial segregation and sorting of scraps.</li>
<li>The collection centres may work closely with processing centres for compliance to the scrap specifications and codes prescribed by the Bureau of Indian Standards (BIS).</li>
</ul>
</li>
<li><strong>Dismantling and processing centres:</strong> The dismantling and scrap processing centres will be required to adhere to the existing rules related to factories and other industrial norms.
<ul style="list-style-type: circle;">
<li>These centres will be required to comply with various regulations related to environment, pollution control, occupational safety, and management of waste including hazardous waste, among others.</li>
</ul>
</li>
<li>The Ministry of Steel will work towards promoting:
<ul style="list-style-type: circle;">
<li>Ease of doing business in setting up scrapping centres.</li>
<li>Research and development</li>
<li>Skill development</li>
<li>Development of quality standards</li>
<li>Creation of a competitive market in the steel scrap sector.</li>
</ul>
</li>
<li>An Inter-Ministerial Coordination Committee will be set up with representation from various Ministries and Departments including: (i) steel, (ii) road transport and highways, (iii) heavy industry, (iv) environment, and (v) Labour. The Committee will monitor the operationalization of the policy and enforcement of related regulations.</li>
</ul>
<h3 id="11">Recycling of Ships Bill, 2019</h3>
<p><a href="/daily-updates/daily-news-analysis/hong-kong-convention-for-ship-recycling" target="_blank" rel="noopener"><strong>The Recycling of Ships Bill, 2019</strong></a> was introduced in Lok Sabha. The Bill restricts the use of hazardous material on ships and regulates the recycling of ships.</p>
<p><strong>Key features include:</strong></p>
<ul style="list-style-type: square;">
<li><strong>Applicability of the Bill:</strong> The Bill will apply to:
<ul style="list-style-type: circle;">
<li>Any new or existing ship which is registered in India</li>
<li>Ships entering a port or terminal in India, or the territorial waters of India,</li>
<li>Any warship, or other ship owned and operated by an administration and used on government noncommercial service.</li>
<li>Ship recycling facilities operating in India.</li>
</ul>
</li>
<li><strong>Ship recycling:</strong> The Bill defines ship recycling as the dismantling of a ship at a facility to recover the components and materials for reuse, and taking care of the hazardous material so produced.</li>
<li><strong>Requirements for ships:</strong> Ships should not use prohibited hazardous materials as notified. The central government may exempt certain categories of ships from this requirement.</li>
<li>The National Authority will carry out periodic surveys to verify the prescribed requirements. This Authority will be notified by the central government to administer, supervise and monitor all activities related to ship recycling.</li>
</ul>
<h2 id="12">Polity</h2>
<h3 id="13">The Transgender Persons (Protection of Rights) Bill, 2019</h3>
<ul style="list-style-type: square;">
<li><strong>Definition of a transgender person:</strong> <a href="/daily-updates/daily-news-analysis/the-transgender-persons-protection-of-rights-bill-2019" target="_blank" rel="noopener"><strong>The Bill</strong></a> defines a transgender person as one whose gender does not match the gender assigned at birth.
<ul style="list-style-type: circle;">
<li>It includes transmen and trans-women, persons with intersex variations, gender-queers, and persons with socio-cultural identities, such as kinnar and hijra.</li>
<li>Intersex variations is defined to mean a person who at birth shows the variation in his or her primary sexual characteristics, external genitalia, chromosomes, or hormones from the normative standard of the male or female body.</li>
</ul>
</li>
<li><strong>Prohibition against discrimination:</strong> The Bill prohibits discrimination against a transgender person, including denial of service or unfair treatment in relation to:
<ul style="list-style-type: circle;">
<li>Education</li>
<li>Employment</li>
<li>Healthcare</li>
<li>Access to, or enjoyment of goods, facilities, opportunities available to the public</li>
<li>Right to movement</li>
<li>Right to reside, rent, or otherwise occupy the property</li>
<li>Opportunity to hold public or private office</li>
<li>Access to a government or private establishment in whose care or custody a transgender person is.</li>
</ul>
</li>
<li><strong>Health care:</strong> The government must take steps to provide health facilities to transgender persons including separate HIV surveillance centres, and sex reassignment surgeries.
<ul style="list-style-type: circle;">
<li>The government shall review the medical curriculum to address health issues of transgender persons, and provide comprehensive medical insurance schemes for them.</li>
</ul>
</li>
<li><strong>Certificate of identity:</strong> A transgender person may make an application to the District Magistrate for a certificate of identity, indicating the gender as &lsquo;transgender&rsquo;.
<ul style="list-style-type: circle;">
<li>A revised certificate may be obtained only if the individual undergoes surgery to change their gender either as a male or a female.</li>
</ul>
</li>
<li><strong>National Council for Transgender persons (NCT)</strong> will advise the central government as well as monitor the impact of policies, legislation and projects with respect to transgender persons. It will also redress the grievances of transgender persons.</li>
</ul>
<h3 id="14">Restructuring of Tribunals</h3>
<p>The Supreme Court passed a <a href="/daily-updates/daily-news-analysis/supreme-court-ruling-on-finance-act-2017" target="_blank" rel="noopener"><strong>judgement regarding various provisions of the Finance Act, 2017</strong></a> that pertained to the restructuring of Tribunals.</p>
<p>The issues before the Supreme Court included:</p>
<ul style="list-style-type: square;">
<li>Whether the Finance Act, 2017 satisfies the requirements of a Money Bill under the Constitution.
<ul style="list-style-type: circle;">
<li>Certain provisions of the Finance Act, 2017 provide for the conditions of service of chairpersons and other members of Tribunals, and amend certain Acts to merge Tribunals.</li>
<li>The Court did not decide on whether such provisions could be passed in a Money Bill and referred the issue to a seven judge bench.</li>
<li>In particular, the reference was to interpret Article 110 of the Constitution, and to decide whether the word &ldquo;only&rdquo; in the definition of Money Bill means that any item other than those related to taxation or expenditure could be included.</li>
</ul>
</li>
<li>Whether the Rules on Tribunals notified under the Act amount to excessive delegation.
<ul style="list-style-type: circle;">
<li>Section 184 of the Finance Act, 2017 allows the central government to make rules regarding qualifications, appointment, terms of services, and salary of chairperson, and other members of Tribunals and other authorities.</li>
<li>The Court said that this does not amount to excessive delegation, and upheld the section.</li>
</ul>
</li>
<li>Whether the Rules are compatible with the Constitution and various decisions of the Supreme Court.
<ul style="list-style-type: circle;">
<li>The Court struck down the Tribunal, Appellate Tribunal and other Authorities (Qualifications, Experience and other Conditions of Service of Members) Rules, 2017.</li>
<li>It held that these Rules were in conflict with the principles of the Constitution which have been settled through various judgements of the Supreme Court.</li>
<li>Therefore, the Court held that these Rules amount to excessive interference of the executive in appointment of members of Tribunals and would be detrimental to the independence of the judiciary.</li>
<li>It would undermine the principle of separation of powers between the executive and the judiciary.</li>
<li>The Court directed the central government to reframe these rules in accordance with previous judgements of the Supreme Court related to working of Tribunals.</li>
<li>The Court also passed an interim order that appointments to the Tribunals shall be in terms of the respective Acts before the enactment of the Finance Act, 2017.</li>
</ul>
</li>
</ul>
<h3 id="15">Chief Justice of India under the Right to Information Act, 2005</h3>
<p>In the last decade, some pleas had been filed in the Delhi High Court and the Supreme Court&rsquo;s Central Public Information Officer (CPIO) seeking details of judges&rsquo; appointments, assets and correspondences.</p>
<ul style="list-style-type: square;">
<li>In 2010, the Delhi High Court held that the office of Chief Justice of India will come under the Right to Information Act, 2005 (RTI Act, 2005).</li>
<li>Consequently, CPIO, Supreme Court filed an appeal against the decision of the Delhi High Court.</li>
<li>The questions before the Supreme Court included:
<ul style="list-style-type: circle;">
<li>Whether the office of Chief Justice of India would come under the RTI Act, 2005.</li>
<li>Whether sharing such information would undermine judicial independence, and</li>
<li>whether there are any exceptions to the sharing of information.</li>
</ul>
</li>
<li>The Supreme Court upheld the <a href="/daily-updates/daily-news-editorials/chief-justice-of-india-under-the-ambit-of-the-rti-act" target="_blank" rel="noopener"><strong>2010 judgement of the Delhi High Court</strong></a> and held that the office of the CJI comes under the definition of &ldquo;public authority&rdquo; under the RTI Act, 2005.</li>
<li>The Court further noted that while the independence of the judiciary forms part of the basic structure of the Constitution, bringing the office of the CJI under the RTI Act would not undermine the independence of the judiciary.</li>
<li>However, the Court stressed that when public interest demands the disclosure of information, judicial independence must be kept in mind.</li>
</ul>
<h3 id="16">Supreme Court upholds disqualification of 17 Karnataka MLAs</h3>
<p>The Supreme Court upheld the decision of former <a href="/daily-updates/daily-news-analysis/disqualification-of-karnataka-mlas" target="_blank" rel="noopener"><strong>Karnataka Speaker for disqualification of 17 MLAs.</strong></a> However, it allowed them to contest in re-elections.</p>
<p>In July 2019, the then Karnataka Speaker disqualified 17 MLAs till the end of the Assembly term, under the anti-defection law. 15 of these MLAs had submitted their resignations before the decision of their disqualification.</p>
<ul style="list-style-type: square;">
<li>These MLAs argued that they have the right to resign and the Speaker should accept their resignations immediately as they personally informed him that the resignation is voluntary and genuine.</li>
</ul>
<p><strong>The questions before the Supreme Court</strong></p>
<ul style="list-style-type: square;">
<li>What is the role of the Speaker in deciding whether to accept or reject a resignation.</li>
<li>Whether the order of the Speaker rejecting the resignation and disqualifying the MLAs is valid.</li>
<li>Whether the Speaker can disqualify the MLAs till the end of the term of the Assembly.</li>
</ul>
<p><strong>Observations held the Supreme Court</strong></p>
<ul style="list-style-type: square;">
<li>The Court held that the Speaker&rsquo;s role with regard to acceptance or rejection of a resignation is limited to examining whether such a resignation is voluntary or genuine.</li>
<li>Further, it held that disqualification proceedings can be continued even if members have submitted resignations, when the act resulting in disqualification has arisen prior to the resignation.</li>
<li>It upheld the order of the Speaker to the extent of disqualification of the 17 MLAs. However, it held that the Speaker has no power to disqualify the members till the end of the Assembly term.</li>
<li>The Court noted that the Constitution provides for certain sanctions for disqualified members.</li>
<li>These include a bar from being appointed as a Minister or holding any remunerative political post from the date of disqualification till the date of expiry of office, or re-election to the legislature, whichever is earlier.</li>
</ul>
<h3 id="17">The Surrogacy (Regulation) Bill, 2019</h3>
<p>The Surrogacy (Regulation) Bill, 2019 was referred to a Rajya Sabha Select Committee after being passed by Lok Sabha in August 2019.</p>
<ul style="list-style-type: square;">
<li>The Bill defines surrogacy as a practice where a woman gives birth to a child for an intending couple and agrees to hand over the child to them after the birth.</li>
</ul>
<p><strong>Key features of the Bill include, as passed by Lok Sabha, include:</strong></p>
<ul style="list-style-type: square;">
<li><strong>Regulation of surrogacy:</strong> The Bill prohibits commercial surrogacy, but allows altruistic surrogacy.
<ul style="list-style-type: circle;">
<li><strong>Altruistic surrogacy</strong> involves no monetary compensation to the surrogate mother other than the medical expenses and insurance coverage.</li>
<li><strong>Commercial surrogacy</strong> includes surrogacy or its related procedures undertaken for a monetary benefit or reward (in cash or kind) exceeding the basic medical expenses and insurance coverage.</li>
</ul>
</li>
<li>The intending couple should have a &lsquo;certificate of essentiality&rsquo; and a &lsquo;certificate of eligibility&rsquo; issued by the appropriate authority.</li>
<li>Apart from this, a surrogate mother is needed to obtain a certificate of eligibility.</li>
<li>The surrogate mother has to be:
<ul style="list-style-type: circle;">
<li>A close relative of the intending couple; 25 to 35 years old.</li>
<li>A married woman having a child of her own</li>
<li>Possess a certificate of medical and psychological fitness for surrogacy.</li>
</ul>
</li>
</ul>
<h3 id="18">Arms (Amendment) Bill, 2019</h3>
<p>The Arms (Amendment) Bill, 2019 was introduced in Lok Sabha by the Minister of Home Affairs. The Bill amends the Arms Act, 1959.</p>
<ul style="list-style-type: square;">
<li>It seeks to decrease the number of licensed firearms allowed per person and increases penalties for certain offences under the Act.</li>
</ul>
<p><strong>Key features include:</strong></p>
<ul style="list-style-type: square;">
<li><strong>License for acquiring firearms:</strong> The Bill reduces the number of permitted firearms from three to one. This includes licenses given on inheritance or heirloom basis.
<ul style="list-style-type: circle;">
<li>The Bill provides a time period of one year to deposit excess firearms.</li>
<li>The Bill also increases the duration of a firearm license from three years to five years.</li>
</ul>
</li>
<li><strong>Increase in punishment:</strong> The Bill enhances the punishment for various offences. For example, the Act specifies the punishment for:
<ul style="list-style-type: circle;">
<li>Dealing in unlicensed firearms.</li>
<li>Shortening or converting a firearm without a licence.</li>
<li>Importing or exporting banned firearms.</li>
<li>The punishment for these offences is between three years and seven years, along with a fine.</li>
<li>The Bill increases the punishment to between seven years and life imprisonment, along with a fine.</li>
</ul>
</li>
<li><strong>New offences:</strong> The Bill adds news offences. These include:
<ul style="list-style-type: circle;">
<li>Forcefully taking a firearm from police or armed forces, punishable with imprisonment between 10 years and life imprisonment, and a fine.</li>
<li>Using firearms in a celebratory gunfire which endangers human life or personal safety of others, punishable with imprisonment of up to two years or a fine of up to one lakh rupees, or both.</li>
<li>The Bill also defines offences committed by organised crime syndicates and illicit trafficking. Possession of firearms or ammunition by a member of a syndicate, in violation of the Act, will be punishable with imprisonment between 10 years and life, along with a fine.</li>
</ul>
</li>
</ul>
<h3 id="19">Dadra and Nagar Haveli and Daman and Diu (Merger of Union Territories) Bill, 2019</h3>
<p><a href="/daily-updates/daily-news-analysis/dadra-and-nagar-haveli-and-daman-and-diu-merger-of-union-territories-bill-2019" target="_blank" rel="noopener"><strong>Dadra and Nagar Haveli and Daman and Diu (Merger of Union Territories) Bill, 2019</strong></a> was passed by Lok Sabha.</p>
<ul style="list-style-type: square;">
<li>The Bill provides for the merger of the Union Territories (UTs) of Dadra and Nagar Haveli, and Daman and Diu into a single UT.
<ul style="list-style-type: circle;">
<li>The Bill makes consequential amendments including retaining the representation in Lok Sabha, the jurisdiction of the High Court of Bombay, and provisionally allotting all officials of the two UTs to the merged UT.</li>
</ul>
</li>
</ul>
<h2 id="20">Culture</h2>
<h3 id="21">The Jallianwala Bagh National Memorial (Amendment) Bill, 2019</h3>
<p>The <a href="/prs-capsule/prs-capsule-august-2019" target="_blank" rel="noopener"><strong>Jallianwala Bagh National Memorial (Amendment) Bill, 2019</strong></a> was passed by Parliament. It amends the Jallianwala Bagh National Memorial Act, 1951.</p>
<ul style="list-style-type: square;">
<li>The Act provides for the erection of a National Memorial in memory of those killed or wounded on April 13, 1919, in Jallianwala Bagh, Amritsar. It creates a Trust to manage the National Memorial.</li>
<li>The Bill amends this provision to remove the President of the Indian National Congress as a Trustee.</li>
</ul>
<h2 id="22">External Affairs</h2>
<h3 id="23">11<sup>th</sup> BRICS summit</h3>
<p>Brasilia Declaration released after the <a href="/daily-updates/daily-news-analysis/11th-brics-summit" target="_blank" rel="noopener"><strong>11<sup>th</sup> BRICS summit</strong> </a>India participated in the 11<sup>th</sup> BRICS summit held on November 14, 2019.</p>
<p><strong>Key features of the Declaration include:</strong></p>
<ul style="list-style-type: square;">
<li><strong>Strengthening multilateral systems:</strong> The Declaration addressed the need for inclusivity in the multilateral system, including the United Nations, its Security Council, the International Monetary Fund, and the World Trade Organisation.
<ul style="list-style-type: circle;">
<li>Further, observing the importance of sustainable development goals and the Paris agreement on climate change, it addressed the need for developed countries to provide resources and other assistance to developing countries.</li>
</ul>
</li>
<li><strong>Economic cooperation:</strong> The Declaration highlighted the importance of trade between BRICS nations.
<ul style="list-style-type: circle;">
<li>Further, it observed the need for investment and infrastructure to improve trade. It condemned unilateral and protectionist measures, and recommended open markets and fair business and trade environment.</li>
</ul>
</li>
<li><strong>Regional conflicts:</strong> The Declaration observed regional conflicts in Syria, Yemen, Israel-Palestine, the Gulf region, Libya, and Afghanistan.
<ul style="list-style-type: circle;">
<li>It recognised the need for collective efforts for peaceful settlement of disputes, and the role of the UN Security Council as bearing the primary responsibility for maintaining international peace and security.</li>
</ul>
</li>
<li><strong>Intra-BRICS cooperation:</strong> The Declaration acknowledged cooperation among BRICS nations on various subjects such as security, science, technology, industrial growth, environment, energy, finance, trade, and fighting corruption.</li>
</ul>',
		'postdate' => object(Cake\I18n\FrozenTime) {},
		'url' => 'https://www.drishtiias.com/prs-capsule/prs-capsule-november-2019'
	],
	(int) 5 => [
		'title' => 'Climate Diplomacy for India',
		'catname' => 'News Editorials',
		'desc' => '<div class="border">
<p>This article is based on <a href="https://thediplomat.com/2019/12/time-to-practice-climate-change-diplomacy-in-indias-neighborhood/" target="_blank" rel="noopener"><strong>&lsquo;Time to Practice Climate Change Diplomacy in India&rsquo;s Neighborhood&rsquo;</strong></a> which was published in The Diplomat on 07/12/2019. It highlights the significance of climate diplomacy for India.</p>
</div>
<p>Global carbon system is an interlocked system. The global transition to low carbon systems has spillover effects -from changes in one economy to changes in another economy, changes in politics in one place to changes in politics in another place. Hence, the manner of transition is important for a low carbon economy.</p>
<p>If one country is honourable in the extreme and cuts its carbon emissions to the bone, that is going to be of little use if the others do not follow suit. They will suffer the consequences of climate change despite the extent of their sacrifice or effort. Equally, at the same time waiting for others to do something and not doing something oneself, is also not an option, especially in terms of adaptation. It is in this context that global leadership gets shaped by the policies and governance approach of a nation that is conscious of the significant impact of climate change.</p>
<h3>India&rsquo;s Role and Responsibility on Climate Change Diplomacy</h3>
<p>India is a large economy, market, has the second largest population and it can play an important role in being part of these positive spillover effects.</p>
<ul style="list-style-type: square;">
<li>India needs to move climate change, global warming to the top of its foreign policy agenda. It is in this way that India can draw benefits from its own climate actions.</li>
<li>India&rsquo;s stance on climate diplomacy has evolved from highlighting the issue of environmental colonialism in the 1990s through the principle of <strong>&ldquo;common but differentiated responsibilities&rdquo; (CBDR)</strong> to pushing for the establishment of an institution like <strong>International Solar Alliance</strong> in 2015.</li>
</ul>
<div class="border-bg">
<p><strong>Environmental Colonialism</strong></p>
<p>Developed countries blaming developing countries like India and China for the rise in global temperatures. Resisting the pressure from developed countries, the developing countries then put forth the principle of &ldquo;common but differentiated responsibilities&rdquo; so that their developmental needs would not be made to pay for the excesses of the developed world.</p>
</div>
<ul style="list-style-type: square;">
<li>India&rsquo;s climate diplomacy needs to <strong>construct a development model that takes into account all its needs, including climate change,</strong> that is focussed on adaptation, and encourages the responsible engagement from the West on issues like finance and technology.</li>
<li>A country&rsquo;s economic gain from technological cooperation for the environment can ensure its sustainable engagement with another country, which can, in turn, have a spillover effect on global engagement. <br />
<ul style="list-style-type: circle;">
<li>The fall in renewable energy prices, driven by Germany&rsquo;s domestic programme that basically supported global prices for renewables, is an example.</li>
<li>Therefore, if <strong>India can frame its national priorities</strong> more accurately and correctly, it can have a more reasonable engagement with the international process in climate change.</li>
</ul>
</li>
</ul>
<h3>Steps towards better Climate Diplomacy</h3>
<ul style="list-style-type: square;">
<li><strong>Maritime Security:</strong> SAGAR (translated as &ldquo;sea&rdquo; or &ldquo;ocean&rdquo;) &ndash; Security and Growth for All in the Region &ndash; is at the centre of India&rsquo;s maritime strategy. <br />
<ul style="list-style-type: circle;">
<li>While India attempts to tap into its <a href="http://www.ris.org.in/sites/default/files/Final_Blue_Economy_Report_2015-Website.pdf" target="_blank" rel="noopener"><strong>blue economy</strong></a> potential along with its regional partners in the Indian Ocean Region (IOR), it also needs to undertake elaborate steps &ndash; technical, logistical, technological and regulatory &ndash; <strong>to develop climate-resilient ports in the region,</strong> an effort that could be steered by climate diplomacy.</li>
</ul>
</li>
<li><strong>Strategic relations:</strong> Rising sea levels and sinking cities, number of tsunamis, cyclones, and floods have strategic concerns as well. India needs to align all its foreign policies with the issues of climate change. <br />
<ul style="list-style-type: circle;">
<li>For eg- India has taken a step toward cooperating with Sri Lanka on climate change. This initiative needs to be pushed further for India to gain an advantage over China, especially in the Indo-pacific region.</li>
</ul>
</li>
<li><strong>Food security:</strong> Climate-resilient agriculture can be pushed by India in its bilateral and multilateral dialogues. Encouraging trade in sustainable agricultural products can create demand for the same and can also help address the issue of global food security.</li>
<li><strong>Trade:</strong> Economic engagements in climate supporting technology for instance in the renewable energy sector with Germany can promote climate change conscious global trade.</li>
</ul>
<h3>Conclusion</h3>
<p>It is important for India to prioritize climate change as one of the instruments of its foreign policy. Climate change should not be just considered from the environmental and economic point of view; it also stands to affect strategic considerations. India can start focusing on its neighbourhood to play a constructive role in the area of climate change through its <strong>Neighbourhood First policy.</strong> Making climate change an integral part of its foreign policy ethics and moving towards climate diplomacy can project India as a sensitive and responsible global leader.</p>
<table border="1" style="border-collapse: collapse; width: 100%;" height="51">
<tbody>
<tr>
<td style="width: 100%; border-style: dotted; border-color: #ff00f7; background-color: #fff7cc;"><span style="color: #000080;"><em><strong>Drishti Mains Question</strong></em></span><br /><br />Explain the significance of climate diplomacy for India. (250 words)</td>
</tr>
</tbody>
</table>',
		'postdate' => object(Cake\I18n\FrozenTime) {},
		'url' => 'https://www.drishtiias.com/daily-updates/daily-news-editorials/climate-diplomacy-for-india'
	],
	(int) 6 => [
		'title' => 'Mullaperiyar Dam',
		'catname' => 'News Analysis',
		'desc' => '<h3>Why in News<a href="http://www.drishtiias.com/images/uploads/1576225283_image4.jpg" target="_blank" rel="noopener"><img class="content-img" src="http://www.drishtiias.com/images/uploads/1576225283_image4.jpg" style="float: right;" width="280" height="298" caption="false" /></a></h3>
<p>The <a href="/daily-updates/daily-news-analysis/jal-shakti-mantralaya" target="_blank" rel="noopener"><strong>Ministry of Jal Shakti</strong></a> has constituted a <strong>three-member Supervisory Committee</strong> to settle the issue of <strong>Mullaperiyar dam</strong> between <strong>Kerala and Tamil Nadu.</strong></p>
<ul style="list-style-type: square;">
<li>The tension between the two states over the issue has persisted since the <strong>1960s,</strong> with Kerala citing concerns regarding the <a href="/to-the-points/Paper2/dam-safety-bill-2018" target="_blank" rel="noopener"><strong>dam&rsquo;s safety</strong></a> and arguing for the reduction of the dam&rsquo;s water levels.</li>
<li>But with the water from the dam being diverted to five districts in Tamil Nadu and its importance in the state&rsquo;s irrigation and power production practices, Tamil Nadu has consistently opposed this.</li>
</ul>
<h3>Mullaperiyar Dam</h3>
<ul style="list-style-type: square;">
<li>The Mullaperiyar dam is located on the <strong>confluence</strong> of the <strong>Mullayar and Periyar rivers</strong> in <strong>Kerala&rsquo;s Idukki district.</strong></li>
<li>It is <strong>operated and maintained</strong> by the <strong>Tamil Nadu</strong> for meeting the drinking water and irrigation requirements of five of its southern districts. <br />
<ul style="list-style-type: circle;">
<li>According to a 999-year lease agreement made during the British rule the operational rights were handed over to Tamil Nadu.</li>
</ul>
</li>
<li>The dam intends to divert the waters of the <strong>west-flowing river Periyar</strong> eastward to the arid rain shadow regions of the Tamil Nadu.</li>
</ul>
<h3>Periyar River</h3>
<ul style="list-style-type: square;">
<li>The Periyar River is the <strong>longest river in the state of Kerala</strong> with a length of 244 km.</li>
<li>It is also known as <strong>&lsquo;Lifeline of Kerala&rsquo;</strong> as it is one of the few <strong>perennial rivers</strong> in the state.<br />
<ul style="list-style-type: circle;">
<li>A perennial river is a channel that has continuous flow in parts of its stream bed all year round.</li>
</ul>
</li>
<li>Periyar River <strong>originates</strong> from <strong>Sivagiri hills of Western Ghats</strong> and flows through the<strong> Periyar National Park.</strong></li>
<li>The <strong>main tributaries</strong> of Periyar are Muthirapuzha, Mullayar, Cheruthoni, Perinjankutti.</li>
</ul>
<p><a href="https://pib.gov.in/PressReleseDetail.aspx?PRID=1596261" target="_blank" rel="noopener"><strong>Source: PIB</strong></a></p>',
		'postdate' => object(Cake\I18n\FrozenTime) {},
		'url' => 'https://www.drishtiias.com/daily-updates/daily-news-analysis/mullaperiyar-dam'
	],
	(int) 7 => [
		'title' => 'National Financial Reporting Authority',
		'catname' => 'News Analysis',
		'desc' => '<p>The National Financial Reporting Authority (NFRA) was constituted on 1<sup>st</sup> October, 2018 by the Government of India under <strong>section 132 (1) of the Companies Act, 2013.</strong></p>
<p><strong>Need:</strong> In the wake of accounting scams, a need was felt to <strong>establish an independent regulator</strong> for enforcement of auditing standards and ensuring the quality of audits so as to enhance investor and public confidence in financial disclosures of companies.</p>
<p><strong>Composition:</strong> The Companies Act requires the NFRA to have a chairperson who will be appointed by the Central Government and a maximum of 15 members.</p>
<h3>Functions and Duties</h3>
<ul style="list-style-type: square;">
<li>Recommend accounting and auditing policies and standards to be adopted by companies for approval by the Central Government;</li>
<li>Monitor and enforce compliance with accounting standards and auditing standards;</li>
<li>Oversee the quality of service of the professions associated with ensuring compliance with such standards and suggest measures for improvement in the quality of service;</li>
<li>Perform such other functions and duties as may be necessary or incidental to the aforesaid functions and duties.</li>
</ul>
<h3>Powers</h3>
<ul style="list-style-type: square;">
<li>It can probe listed companies and those unlisted public companies having paid-up capital of no less than Rs 500 crore or annual turnover of no less than Rs 1,000 crore.</li>
<li>It can investigate professional misconduct committed by members of the <strong>Institute of Chartered Accountants of India</strong> (ICAI) for prescribed class of body corporate or persons.</li>
</ul>
<p><a href="https://indianexpress.com/article/business/companies/nfra-finds-gaps-in-audit-report-of-deloitte-haskins-and-sells-on-ifin-6164480/" target="_blank" rel="noopener"><strong>Source: IE</strong></a></p>',
		'postdate' => object(Cake\I18n\FrozenTime) {},
		'url' => 'https://www.drishtiias.com/daily-updates/daily-news-analysis/national-financial-reporting-authority-1'
	],
	(int) 8 => [
		'title' => 'Kuchipudi Dance Form',
		'catname' => 'News Analysis',
		'desc' => '<p>Kuchipudi is one of the <a href="/to-the-points/paper1/indian-classical-dances" target="_blank" rel="noopener"><strong>8 classical dance forms of India.</strong></a></p>
<ul style="list-style-type: square;">
<li>The dance form has <strong>emerged from a<a href="http://www.drishtiias.com/images/uploads/1576223232_kuchipudi.jpg" target="_blank" rel="noopener"><img class="content-img" src="http://www.drishtiias.com/images/uploads/1576223232_kuchipudi.jpg" width="238" caption="false" style="float: right;" /></a> popular theatrical art &lsquo;Kuchipudi Yakshagana&rsquo;</strong> named after the place of its origin, the village Kuchipudi in Andhra Pradesh.</li>
<li>It is <strong>performed as dance drama</strong> i.e. performance in groups and also as solo items.</li>
<li><strong>Siddendra Yogi,</strong> the disciple of Narayana Theertha who lived in the <strong>17<sup>th</sup> century,</strong> is credited to have systemised the art form of Kuchipudi Yakshagana.</li>
<li>Costumes, ornaments and jewellery occupy an important place.</li>
</ul>',
		'postdate' => object(Cake\I18n\FrozenTime) {},
		'url' => 'https://www.drishtiias.com/daily-updates/daily-news-analysis/kuchipudi-dance-form'
	],
	(int) 9 => [
		'title' => 'Contraction in Index of Industrial Production',
		'catname' => 'News Analysis',
		'desc' => '<h3>Why in News</h3>
<p>According to the data released by the Ministry of Statistics and Programme Implementation (MoSPI), the quick estimates of <strong>Index of Industrial Production (IIP)</strong> stands at 127.7 for October 2019, which is <strong>3.8% lower</strong> as compared to the level in the month of October 2018. This contraction is due to demand slump in economy and fall in activity across sectors such as manufacturing, electricity, infrastructure etc.</p>
<ul style="list-style-type: square;">
<li><strong>Retail inflation</strong> (measured by the Consumer Price Index) surged to a <strong>40-month high</strong> of <strong>5.54%</strong> in November 2019, owing to rising food inflation.</li>
<li>The combination of contraction in industrial activity and rising inflation has led experts to fear that India is entering a phase of <strong>stagflation.</strong></li>
</ul>
<div class="border-bg">
<p><strong>Stagflation<a href="http://www.drishtiias.com/images/uploads/1576222648_image1.jpg" target="_blank" rel="noopener"><img class="content-img" src="http://www.drishtiias.com/images/uploads/1576222648_image1.jpg" width="242" height="161" style="float: right;" caption="false" /></a></strong></p>
<ul style="list-style-type: square;">
<li>Stagflation means a situation characterized by <strong>simultaneous increase in prices</strong> and <strong>stagnation of economic growth.</strong></li>
<li>It is described as a situation in the economy where the growth rate slows down, the level of unemployment remains steadily high and yet the inflation or price level remains high at the same time.</li>
<li><strong>Dangerous for the economy</strong><br />
<ul style="list-style-type: circle;">
<li>In a usual low growth situation, central banks and government try to stimulate the economy through higher public spending and low interest rates to create demand.</li>
<li>These measures also tend to elevate prices and cause inflation. So, these tools cannot be adopted when inflation is already running high, which makes it difficult to break out of low growth-high inflation trap.</li>
</ul>
</li>
<li>The <strong>solution</strong> lies in increasing productivity, this enables higher growth without inflation.</li>
</ul>
</div>
<h3>Index of Industrial Production<a href="http://www.drishtiias.com/images/uploads/1576222686_image2.png" target="_blank" rel="noopener"><img class="content-img" src="http://www.drishtiias.com/images/uploads/1576222686_image2.png" width="224" height="389" style="float: right;" caption="false" /></a></h3>
<ul style="list-style-type: square;">
<li>The Index of Industrial Production (IIP) maps the <strong>change in the volume of production in Indian industries.</strong></li>
<li>It is estimated and published on a monthly basis by the <strong>Central Statistical Organisation (CSO)</strong> under MoSPI.</li>
<li>It is currently calculated using <strong>2011-2012 as the base year.</strong></li>
<li>The IIP is basically divided into three sectors, though a use-based classification is also provided by the CSO.<br />
<ul style="list-style-type: circle;">
<li>The<strong> three sectors</strong> include: Mining, Manufacturing and Electricity.<br />
<ul style="list-style-type: disc;">
<li>Electricity, crude oil, coal, cement, steel, refinery products, natural gas, and fertilisers are the<strong> eight core industries</strong> that comprise about 40% of the weight of items included in the Index of Industrial Production.</li>
</ul>
</li>
<li><strong>Use based classification include:</strong> Primary Goods, Capital Goods, Intermediate Goods, Infrastructure/ Construction goods, Consumer durables and Consumer nondurables.</li>
</ul>
</li>
<li><strong>Calculation</strong><br />
<ul style="list-style-type: circle;">
<li>The index is created by giving different weights to each sector and every month, production is tracked.</li>
<li>Finally, the index value is compared to the value it had in the same month last year to figure out the economy&rsquo;s industrial health.</li>
</ul>
</li>
</ul>
<h3>Consumer Price Index</h3>
<ul style="list-style-type: square;">
<li><strong>Inflation</strong> refers to the rise in the prices of most goods and services of daily or common use, such as food, clothing, housing, recreation, transport, consumer staples, etc. <br />
<ul style="list-style-type: circle;">
<li>It measures the average price change in a basket of commodities and services over time. The opposite and rare fall in the price index of this basket of items is called &lsquo;deflation&rsquo;.</li>
<li>It is indicative of the decrease in the purchasing power of a unit of a country&rsquo;s currency. This is measured in percentage.</li>
</ul>
</li>
<li>In India, inflation is primarily measured by two main indices &mdash; <strong>WPI (Wholesale Price Index)</strong> and <strong>CPI (Consumer Price Index),</strong> which measures wholesale and retail-level price changes, respectively. <br />
<ul style="list-style-type: circle;">
<li>The goods or services sold by businesses to smaller businesses for selling further is captured by the WPI.</li>
<li>The CPI is an index measuring retail inflation in the economy by collecting the change in prices of most common goods and services used by consumers.</li>
</ul>
</li>
</ul>
<p><a href="https://www.thehindu.com/news/national/retail-inflation-soars-to-over-3-year-high-of-554-on-costlier-food-items/article30287926.ece" target="_blank" rel="noopener"><strong>Source: TH</strong></a></p>',
		'postdate' => object(Cake\I18n\FrozenTime) {},
		'url' => 'https://www.drishtiias.com/daily-updates/daily-news-analysis/contraction-in-index-of-industrial-production'
	],
	(int) 10 => [
		'title' => 'Samagra Shiksha ',
		'catname' => 'News Analysis',
		'desc' => '<h3>Why in News</h3>
<p>Ministry of Human Resource Development is implementing the <strong>Scheme of Vocationalisation of School Education.</strong></p>
<ul style="list-style-type: square;">
<li>Under the scheme, a vocational subject is offered for Classes IX to XII along with the general education to provide necessary employability and vocational skills for a variety of occupations.</li>
<li>The above scheme is being implemented under the umbrella of <strong>&lsquo;Samagra Shiksha &ndash; an integrated scheme for school education&rsquo;.</strong></li>
</ul>
<h3>Samagra Shiksha</h3>
<ul style="list-style-type: square;">
<li><strong>Key Provisions:</strong><br />
<ul style="list-style-type: circle;">
<li>Samagra Shiksha is an<strong> integrated</strong> scheme for school education extending from <strong>pre-school to class XII</strong> to ensure inclusive and equitable quality education at <strong>all levels</strong> of school education.</li>
<li>It <strong>subsumes</strong> the three Schemes of<strong> Sarva Shiksha Abhiyan (SSA), Rashtriya Madhyamik Shiksha Abhiyan (RMSA) and Teacher Education (TE).</strong><br />
<ul style="list-style-type: disc;">
<li>The scheme treats school education holistically as a <strong>continuum from Pre-school to Class 12.</strong></li>
</ul>
</li>
<li>The main emphasis of the Scheme is on improving the quality of school education by focussing on the <strong>two T&rsquo;s &ndash; Teacher and Technology.</strong></li>
</ul>
</li>
<li><strong>Vision:</strong><br />
<ul style="list-style-type: circle;">
<li>The vision of the Scheme is to ensure inclusive and equitable quality education from pre-school to senior secondary stage in accordance with the <strong>Sustainable Development Goal (SDG)</strong> for Education.<br />
<ul style="list-style-type: disc;">
<li><strong>SDG-4.1:</strong> Aims to ensure that all boys and girls complete free, equitable and quality primary and secondary education leading to relevant and effective learning outcomes.</li>
<li><strong>SDG 4.5:</strong> Aims to eliminate gender disparities in education and ensure equal access to all levels of education.</li>
</ul>
</li>
<li>The scheme mainly aims to support States in the implementation of the<a href="/to-the-points/Paper2/right-to-education" target="_blank" rel="noopener"><strong> Right of Children to Free and Compulsory Education (RTE) Act, 2009.</strong></a></li>
<li>Right to Education Act (RTE) is a fundamental right under <strong>Article 21-A</strong> of the Constitution of India.</li>
</ul>
</li>
<li><strong>Funding Pattern:</strong><br />
<ul style="list-style-type: circle;">
<li>The Scheme is being implemented as a <strong>Centrally Sponsored Scheme.</strong> <br />
<ul style="list-style-type: disc;">
<li>The fund sharing pattern for the scheme between Centre and States is at present in the ratio of <strong>90:10 for the North-Eastern States and the Himalayan States</strong> and <strong>60:40 for all other States and Union Territories with Legislature.</strong></li>
<li>It is <strong>100% centrally sponsored for Union Territories without Legislature.</strong></li>
</ul>
</li>
<li>The scheme also proposes to give flexibility to the States and UTs to plan and prioritize their interventions within the scheme norms and the overall resource envelope available to them.</li>
</ul>
</li>
</ul>
<p><a href="https://pib.gov.in/PressReleseDetail.aspx?PRID=1596200" target="_blank" rel="noopener"><strong>Source: PIB</strong></a></p>',
		'postdate' => object(Cake\I18n\FrozenTime) {},
		'url' => 'https://www.drishtiias.com/daily-updates/daily-news-analysis/samagra-shiksha'
	],
	(int) 11 => [
		'title' => 'India’s Trade: Challenges and Opportunities',
		'catname' => 'News Editorials',
		'desc' => '<div class="border">
<p>This article is based on <a href="https://www.thehindubusinessline.com/opinion/indias-bane-is-its-non-competitiveness/article30268935.ece" target="_blank" rel="noopener"><strong>&ldquo;India&rsquo;s bane is its non-competitiveness&rdquo;</strong></a>, which was published in The Hindu BusinessLine on 11/12/2019. It highlights the significance of trade and discusses the challenges and missed opportunities for Indian trade.</p>
</div>
<p>Traders, throughout history, have sought new markets and been natural globalisers. Spices from India were so valuable in Europe that the voyage of Christopher Columbus to find a shorter sea route to India was financed. The East India Company, too, was formed for trade.</p>
<h3>Journey and Impact of Trade</h3>
<p><a href="/gs-special/gs-special-world-history/colonialism" target="_blank" rel="noopener"><strong>Colonialism and Industrial Revolution</strong></a></p>
<ul style="list-style-type: square;">
<li>The benefits of free trade and production based on<strong> comparative advantage</strong> became key tenets of economic theory, leading to <strong>colonisation</strong> as a later consequence.</li>
<li><strong>Impact of Industrial Revolution:</strong> With the advent of the <strong>Industrial Revolution,</strong> competitive advantage in industrial production was created through technology and innovation. The first movers and leaders sought global markets and gained disproportionately through trade.</li>
</ul>
<p><strong>Impact on the East</strong></p>
<ul style="list-style-type: square;">
<li><strong>India&rsquo;s impoverishment</strong> began in the 19<sup>th</sup> Century, with the beginning of the <strong>industrial revolution in England</strong> and the colonisation of India by the East India Company.</li>
<li>As industrialisation matured in England, <strong>poverty in India became extreme,</strong> with the large-scale destruction of artisanal jobs, especially in textiles, with thriving cities like Dhaka experiencing depopulation. <br />
<ul style="list-style-type: circle;">
<li>This was captured in the economic writings of Indians at the end of the 19<sup>th</sup> and the early 20<sup>th</sup> century, and provided the intellectual underpinning of Swadeshi and Khadi in the freedom struggle.</li>
</ul>
</li>
<li>In the 20<sup>th</sup> century, as<strong> Japan industrialised,</strong> it followed the example of England and began to colonise its neighbouring areas &mdash; <strong>Korea and western China &mdash;</strong> creating a larger captive market for its industrial goods.</li>
</ul>
<p><strong>Ushering in of Free Trade</strong></p>
<ul style="list-style-type: square;">
<li>Later, <strong>after World War-II,</strong> the US &mdash; as the leader of the West and the pre-eminent global industrial and intellectual power&mdash;<strong> promoted free trade.</strong></li>
<li>This culminated in the<a href="/important-institutions/drishti-specials-important-institutions-international-institution/world-trade-organisation-wto" target="_blank" rel="noopener"><strong> WTO</strong> </a><strong>agreement in 1994,</strong> thereby ending the era where countries, after decolonisation, were trying to industrialise with <strong>infant industry protection,</strong> which had been used successfully in the past.</li>
</ul>
<h3>China&rsquo;s Success vis-a-vis India</h3>
<p><strong>China v/s India</strong></p>
<ul style="list-style-type: square;">
<li>In 1991 &mdash; the year of Indian economic reforms and opening up of the country to globalisation &mdash; the <strong>per capita incomes of India and China were the same. Technological capacities</strong> were at similar levels.</li>
<li>China is today the factory of the world. It has eliminated poverty. Its <strong>GDP and per capita incomes are five times that of India.</strong> China chose to craft its own pragmatic path to success.</li>
<li>China became a <strong>member of the WTO only in 2000,</strong> and that too with difficulty. But this did not slow China&rsquo;s phenomenal rise.</li>
</ul>
<p><strong>China&rsquo;s Rise and its Impact</strong></p>
<ul style="list-style-type: square;">
<li>In response to China&rsquo;s rise, an apprehensive US has now got the <a href="/daily-updates/daily-news-editorials/significance-of-g-20-amidst-a-geo-economic-flux" target="_blank" rel="noopener"><strong>G20</strong> </a>to change the formulation in their joint statements <strong>from &lsquo;free trade&rsquo; to &lsquo;fair trade&rsquo;.</strong></li>
<li>Trump&rsquo;s unambiguous<strong> &lsquo;America first&rsquo; policy</strong> and his <strong>trade hostilities with China</strong> have strong appeal with many Americans.</li>
<li>Having conquered global markets, China is now the <strong>proponent of free trade</strong> and <strong>globalisation</strong> at World Economic Forum. The <strong>OBOR and the RCEP</strong> are being promoted by China, which is on its way to becoming a superpower.</li>
</ul>
<h3>India&rsquo;s Apprehensions in New Trade Regime</h3>
<ul style="list-style-type: square;">
<li><strong>India&rsquo;s lost opportunities:</strong> India lost out to China mainly due to absence of reforms and missing out on the manufacturing stage, hopping directly to the service sector for its growth and employment. <br />
<ul style="list-style-type: circle;">
<li>This (over) reliance of India on service sector proved costly as it impacted its capacity building in manufacturing and absorbed only the skilled and educated labour, leaving behind a vast population.</li>
<li>This also impacted India&rsquo;s prowess in global exports and trade, especially in perspective of &lsquo;America First&rsquo; policy and protectionism of the US.</li>
</ul>
</li>
<li><strong>RCEP anxiety:</strong> In the run-up to the <a href="/important-institutions/drishti-specials-important-institutions-international-institution/regional-comprehensive-economic-partnership-1" target="_blank" rel="noopener"><strong>RCEP negotiations</strong></a>, India hardly saw any benefits from joining the RCEP. <br />
<ul style="list-style-type: circle;">
<li>The experience of India&rsquo;s <strong>FTAs with Asian countries</strong> has shown that the Indian industry has not experienced the anticipated gains as it did not undertake the reforms needed to improve competitiveness.</li>
<li>By that implication, joining the <strong>RCEP would pose a problem.</strong> But it would then compel India to undertake requisite reforms and become competitive.</li>
</ul>
</li>
<li><strong>Losing to China:</strong> The real loss in this period, however, has been through the g<strong>rowing trade with China.</strong><br />
<ul style="list-style-type: circle;">
<li>Growing imports of consumer goods, thermal power plants &mdash; and now solar panels and exports of primary products like iron ore and cotton &mdash; constitute India&rsquo;s trade with China.</li>
<li>All that is imported was being made and can be made in India.</li>
</ul>
</li>
<li><strong>Impact of Free Trade:</strong> Globally, there is <strong>stagnant demand in the West,</strong> excess, competitive <strong>manufacturing capacity in China</strong> and huge <strong>growing demand in India.</strong> <br />
<ul style="list-style-type: circle;">
<li>The logic of free trade is for India&rsquo;s growing demand to be met by China&rsquo;s excess capacity and India&rsquo;s inefficient, non-competitive capacities to close down without the need for the creation of new capacity.</li>
<li>Joining the RCEP would only accelerate the process. This may be a major factor in the structural nature of the present severe economic downturn.</li>
</ul>
</li>
</ul>
<h3>Way Forward</h3>
<ul style="list-style-type: square;">
<li>India needs to take a hard look at its choices. Creating global competitiveness and doing all that it takes to do so, including abandoning conventional ways of thinking, cannot be delayed.</li>
<li>Better-functioning factor markets and reducing costs for businesses are overdue.</li>
<li>Smarter, creative policies for developing and nurturing the nation&rsquo;s industrial and technological capacities need to be crafted.</li>
<li>Economic nationalism and greater ambition is the need of the hour.</li>
</ul>
<table border="1" style="border-collapse: collapse; width: 100%;">
<tbody>
<tr>
<td style="width: 511px; border-style: dotted; border-color: #3f14ff; background-color: #daebed;">
<p><span style="color: #000080;"><em><strong>Drishti Mains Question</strong></em></span></p>
<p>India needs to reform its domestic economic policies, to make its trade more competitive, instead of missing out on opportunities of regional trade blocks. Comment. (250 words)</p>
</td>
</tr>
</tbody>
</table>',
		'postdate' => object(Cake\I18n\FrozenTime) {},
		'url' => 'https://www.drishtiias.com/daily-updates/daily-news-editorials/india-s-trade-challenges-and-opportunities'
	],
	(int) 12 => [
		'title' => 'Insolvency and Bankruptcy Code',
		'catname' => 'Paper 3',
		'desc' => '<p><a href="http://www.drishtiias.com/images/uploads/1577357857_Insolvency%20and Bankruptcy Code (Mind Map).png" target="_blank" rel="noopener"><img class="content-img" src="http://www.drishtiias.com/images/uploads/1577357857_Insolvency and Bankruptcy Code (Mind Map).png" width="488" height="1003" style="display: block; margin-left: auto; margin-right: auto;" /></a></p>
<p style="text-align: center;"><a href="/to-the-points/paper3/insolvency-and-bankruptcy-code-3" target="_blank" rel="noopener"><em>For TTP</em></a></p>',
		'postdate' => object(Cake\I18n\FrozenTime) {},
		'url' => 'https://www.drishtiias.com/mind-map/gs-paper3/insolvency-and-bankruptcy-code-mindmap'
	],
	(int) 13 => [
		'title' => 'Insolvency and Bankruptcy Code',
		'catname' => 'Paper 3',
		'desc' => '<h3>Why in News</h3>
<p>The Union Cabinet has approved the proposal to make amendments in the <a href="/loksabha-rajyasabha-discussions/in-depth-insolvency-and-bankruptcy-code-act" target="_blank" rel="noopener"><strong>Insolvency and Bankruptcy Code (IBC), 2016,</strong></a> through the Insolvency and Bankruptcy Code (Second Amendment) Bill, 2019. The amendments aim to remove certain difficulties being faced during insolvency resolution process to realise the objects of the code and to further ease doing of business.</p>
<h3>Insolvency and Bankruptcy Code, 2016</h3>
<p><strong>Insolvency and Bankruptcy Code, 2016</strong> provides a time-bound process for resolving insolvency in companies and among individuals.</p>
<ul style="list-style-type: square;">
<li><strong>Insolvency</strong> is a situation where individuals or companies are unable to repay their outstanding debt.</li>
<li><strong>Bankruptcy,</strong> on the other hand, is a situation whereby a court of competent jurisdiction has declared a person or other entity insolvent, having passed appropriate orders to resolve it and protect the rights of the creditors. It is a legal declaration of one&rsquo;s inability to pay off debts.</li>
<li>The Government implemented the Insolvency and Bankruptcy Code (IBC) to consolidate all laws related to insolvency and bankruptcy and to tackle Non-Performing Assets (NPA), a problem that has been pulling the Indian economy down for years.</li>
<li>The Code is quite different from the earlier resolution systems as it shifts the responsibility to the creditor to initiate the insolvency resolution process against the corporate debtor.</li>
<li>The recently proposed amendments aim to remove bottlenecks, streamline the corporate insolvency resolution process, and protect the last mile funding in order to boost investment in financially distressed sectors.<br />
<ul style="list-style-type: circle;">
<li>Ring-fencing the companies resolved under the IBC from regulatory actions during past management can make the IBC process attractive for investors and acquirers.</li>
</ul>
</li>
</ul>
<p><strong>Objectives of IBC</strong></p>
<ul style="list-style-type: square;">
<li>To consolidate and amend all existing insolvency laws in India.</li>
<li>To simplify and expedite the Insolvency and Bankruptcy Proceedings in India.</li>
<li>To protect the interest of creditors including stakeholders in a company.</li>
<li>To revive the company in a time-bound manner.</li>
<li>To promote entrepreneurship.</li>
<li>To get the necessary relief to the creditors and consequently increase the credit supply in the economy.</li>
<li>To work out a new and timely recovery procedure to be adopted by the banks, financial institutions or individuals.</li>
<li>To set up an Insolvency and Bankruptcy Board of India.</li>
<li>Maximization of the value of assets of corporate persons.</li>
</ul>
<h3>Salient features of the Insolvency and Bankruptcy Code, 2016</h3>
<ul style="list-style-type: square;">
<li>Covers all individuals, companies, Limited Liability Partnerships (LLPs) and partnership firms.</li>
<li>Adjudicating authority:<br />
<ul style="list-style-type: circle;">
<li><strong>National Company Law Tribunal (NCLT)</strong> for companies and LLPs</li>
<li><strong>Debt Recovery Tribunal (DRT)</strong> for individuals and partnership firms</li>
</ul>
</li>
</ul>
<div class="border-bg">
<p><strong>Insolvency Resolution Process</strong></p>
<ul style="list-style-type: square;">
<li>Insolvency resolution process can be initiated by any of the stakeholders of the firm: firm/debtors/creditors/employees.</li>
<li>If the adjudicating authority accepts, an <strong>Insolvency resolution professional (IP)</strong> is appointed.</li>
<li>The power of the management and the board of the firm is transferred to the <strong>committee of creditors (CoC).</strong> They act through the IP.</li>
<li>The IP has to decide whether to revive the company (insolvency resolution) or liquidate it (liquidation).</li>
<li>If they decide to revive, they have to find someone willing to buy the firm.</li>
<li>The creditors also have to accept a significant reduction in debt. The reduction is known as a haircut.</li>
<li>They invite open bids from the interested parties to buy the firm.</li>
<li>They choose the party with the best resolution plan, that is acceptable to the majority of the creditors (75 % in CoC), to take over the management of the firm.</li>
</ul>
</div>
<ul style="list-style-type: square;">
<li>Establishment of an <strong>Insolvency and Bankruptcy Board of India</strong> to exercise regulatory oversight over insolvency professionals, insolvency professional agencies and information utilities.</li>
<li><strong>Insolvency professionals</strong> handle the commercial aspects of insolvency resolution process.</li>
<li><strong>Insolvency professional agencies</strong> develop professional standards, code of ethics and be first level regulator for insolvency professionals members leading to development of a competitive industry for such professionals.</li>
<li><strong>Information utilities</strong> collect, collate, authenticate and disseminate financial information to be used in insolvency, liquidation and bankruptcy proceedings.</li>
<li>Enabling provisions to deal with <strong>cross border insolvency.</strong></li>
</ul>
<h3>Achievements of the IBC</h3>
<ul style="list-style-type: square;">
<li>IBC is a vast improvement on the two earlier laws legislated to recover bad loans &mdash;the Sick Industrial Companies (Special Provisions) Act, 1985 (SICA) and the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (RDDB).</li>
<li><strong>Speedier Resolution:</strong> Before IBC, resolution processes took an average of 4-6 years, after the enactment of IBC, they came down to 317 days.</li>
<li><strong>Higher Recoveries:</strong> Recoveries are also higher: 43% after the IBC, against 22% before it.</li>
<li>Due to the institution of IBC, we have seen that many business entities are paying up front before being declared insolvent. The success of the Act lies in the fact that many cases have been resolved even before it was referred to NCLT.</li>
<li>A steady increase in the number of admitted corporate insolvency resolution process (CIRP) cases. <br />
<ul style="list-style-type: circle;">
<li>By the end of March 2019, a total of 1858 cases were admitted for resolution &ndash; of which 152 have been appealed/reviewed/settled, 91 have been withdrawn, 378 ended in liquidation and 94 have ended in approval of resolution plans.</li>
</ul>
</li>
</ul>
<h3>Challenges for IBC</h3>
<ul style="list-style-type: square;">
<li><strong>Lack of operational NCLT benches:</strong> Though the government had, in July 2019, announced setting up of 25 additional single and division benches of NCLT at various places including Delhi, Jaipur, Kochi, Chandigarh, and Amravati, most of these remain non-operational or partly operational on account of lack of proper infrastructure or adequate support staff.</li>
<li><strong>low approval rate of resolution plans:</strong> According to the data from the Insolvency and Bankruptcy Board of India (IBBI), of the 2,542 corporate insolvency cases filed between December 1, 2016 and September 30, 2019, about 156 have ended in approval of resolution plans &mdash; a mere 15%.</li>
<li>High number of liquidations is a cause for major worry as it violates IBC&rsquo;s principal objective of resolving bankruptcy.</li>
<li><a href="/daily-updates/daily-news-editorials/issues-in-ibc" target="_blank" rel="noopener"><strong>Slow judicial process</strong></a> in India allows the resolution processes to drag on, this was the same reason for slow recovery under SICA or RBBD.</li>
</ul>
<h3>Conclusion</h3>
<p>Operationalisation of IBC, till now, has been spoiled by myriad factors ranging from frivolous challenges posed by operational creditors and promoters to shortage of judges in tribunals. As a result, an important piece of legislation like IBC, which was expected to usher in a new era of ease of doing business, may fall into the trap of implementation failure. Timely amendments, which provide more teeth to the Code, can only rescue the process. New amendments of 2019 in IBC should be closely watched and observed in that light.</p>
<p><a href="/mind-map/gs-paper3/insolvency-and-bankruptcy-code-mindmap" target="_blank" rel="noopener"><em>For Mind Map</em></a></p>',
		'postdate' => object(Cake\I18n\FrozenTime) {},
		'url' => 'https://www.drishtiias.com/to-the-points/paper3/insolvency-and-bankruptcy-code-3'
	],
	(int) 14 => [
		'title' => 'Shore Temple',
		'catname' => 'News Analysis',
		'desc' => '<h3>Why in News</h3>
<p><a href="http://www.drishtiias.com/images/uploads/1576140538_image5.jpg" target="_blank" rel="noopener"><img class="content-img" src="http://www.drishtiias.com/images/uploads/1576140538_image5.jpg" width="464" height="319" style="display: block; margin-left: auto; margin-right: auto;" caption="false" /></a></p>
<p>The shoreline on the northern side of the Shore temple in <strong>Mamallapuram, Tamil Nadu</strong> is facing severe sea erosion.</p>
<ul style="list-style-type: square;">
<li>Shore Temple is one among a number of Hindu monuments at Mamallapuram (Mahabalipuram), on the Coromandel Coast of <strong>Tamil Nadu.</strong></li>
<li>It is considered the finest early example of medieval southern Indian temple architecture.</li>
<li>It was built probably in the reign of <strong>Narasimhavarman II, also known as Rajasimha (Pallava ruler)</strong> who reigned from 700 to 728 CE.</li>
<li>Unlike most of its neighbours at the site, it is <strong>built of cut stones</strong> rather than carved out of caves.</li>
<li>It has two shrines, one dedicated to<strong> Shiva and the other to Vishnu.</strong></li>
<li>It has been built in<strong> Dravidian style.</strong> Its style is characterized by a <strong>pyramidal<em> kutina</em>-type tower</strong> that consists of stepped stories topped by a cupola and finial, a form quite different from the northern Indian <em>sikhara.</em></li>
<li>The Mamallapuram monuments and temples, including the Shore Temple complex, were collectively designated a <strong>UNESCO World Heritage site in 1984.</strong></li>
</ul>
<p><a href="https://www.thehindu.com/news/cities/chennai/mamallapuram-awaits-a-rescue-act/article30280681.ece" target="_blank" rel="noopener"><strong>Source: TH</strong></a></p>',
		'postdate' => object(Cake\I18n\FrozenTime) {},
		'url' => 'https://www.drishtiias.com/daily-updates/daily-news-analysis/shore-temple'
	],
	(int) 15 => [
		'title' => 'Subramaniya Bharathi',
		'catname' => 'News Analysis',
		'desc' => '<h3>Why in News<a href="http://www.drishtiias.com/images/uploads/1576139710_image4.jpg" target="_blank" rel="noopener"><img class="content-img" src="http://www.drishtiias.com/images/uploads/1576139710_image4.jpg" width="156" height="203" style="float: right;" caption="false" /></a></h3>
<p>The Prime Minister of India paid tribute to poet-reformer Subramania Bharathi on his <strong>137<sup>th</sup> birth anniversary,</strong> describing him as a symbol of patriotism.</p>
<ul style="list-style-type: square;">
<li><strong>C. Subramaniya Bharathi</strong>&nbsp;was born on 11<sup>th</sup> December 1882, in Ettayapuram village of Tirunelveli District in Tamil Nadu.</li>
<li>He was a <strong>poet, freedom fighter and social reformer from Tamil Nadu.</strong> <br />
<ul style="list-style-type: circle;">
<li>He was known as <strong>Mahakavi Bharathiyar</strong> and his songs on nationalism and freedom of India helped to rally the masses to support the Indian Independence Movement in Tamil Nadu.</li>
</ul>
</li>
<li><strong>Few of his poems are: &ldquo;Kannan Pattu, Nilavum Vanminum Katrum, Panchali Sabatam and Kuyil Pattu&rdquo;.</strong><br />
<ul style="list-style-type: circle;">
<li>He published the sensational <strong>&ldquo;Sudesa Geethangal&rdquo;</strong> in 1908.</li>
</ul>
</li>
<li>In order to proclaim its revolutionary ardour, Bharathi had the weekly newspaper named &lsquo;India&rsquo; printed in red paper. It was the first paper in Tamil Nadu to publish political cartoons. He also published and edited a few other journals like <strong>&ldquo;Vijaya&rdquo;.</strong></li>
<li>He attended the annual sessions of Indian National Congress and discussed national issues with extremist leaders like Bipin Chandra Pal, B.G. Tilak and V.V.S. Iyer. <br />
<ul style="list-style-type: circle;">
<li>His participation and activities in<strong> Benaras Session (1905)</strong> and <strong>Surat Session (1907)</strong> of the Indian National Congress impressed many national leaders for his patriotic fervour.</li>
</ul>
</li>
</ul>
<p><a href="https://pib.gov.in/PressReleseDetail.aspx?PRID=1595824" target="_blank" rel="noopener"><strong>Source: PIB</strong></a></p>',
		'postdate' => object(Cake\I18n\FrozenTime) {},
		'url' => 'https://www.drishtiias.com/daily-updates/daily-news-analysis/subramaniya-bharathi'
	],
	(int) 16 => [
		'title' => 'Citizenship (Amendment) Bill, 2019',
		'catname' => 'News Analysis',
		'desc' => '<h3>Why in News</h3>
<p>The Parliament has passed the Citizenship (Amendment) Bill (CAB), 2019.</p>
<ul style="list-style-type: square;">
<li>The Bill seeks to grant Indian Citizenship to persons belonging to <strong>Hindu, Sikh, Buddhist, Jain, Parsi</strong> and <strong>Christian</strong> communities who have migrated to India after facing persecution on <strong>grounds of religion</strong> in <strong>Pakistan, Afghanistan</strong> and <strong>Bangladesh.</strong></li>
<li>It basically intends to make it easier for<strong> non-Muslim immigrants</strong> from India&rsquo;s three Muslim-majority neighbours to become citizens of India.</li>
</ul>
<h3>Background</h3>
<ul style="list-style-type: square;">
<li>In India, <strong>citizenship is regulated by the Citizenship Act, 1955.</strong> The Act specifies that citizenship may be acquired in India through five methods &ndash; by birth in India, by descent, through registration, by naturalisation (extended residence in India), and by incorporation of territory into India.</li>
<li>However, <strong>illegal migrants cannot become Indian citizens.</strong> Under the Act, an illegal migrant is a foreigner who: <br />
<ul style="list-style-type: circle;">
<li>enters the country without valid travel documents like a passport and visa, or&nbsp;enters with valid documents, but stays beyond the permitted time period.</li>
<li>Illegal migrants may be put in jail or deported under the Foreigners Act, 1946 and the Passport (Entry into India) Act, 1920.</li>
</ul>
</li>
<li>In 2015 and 2016,<strong> the government exempted specified groups of illegal migrants</strong> from provisions of the 1946 and 1920 Acts. They were Hindus, Sikhs, Buddhists, Jains, Parsis and Christians from Afghanistan, Bangladesh and Pakistan, who reached India on or before December 31, 2014.</li>
<li>This meant that these particular categories of illegal migrants would not be deported or jailed for being in India without valid documents.</li>
<li><strong><a href="/daily-updates/daily-news-analysis/lok-sabha-passes-citizenship-amendment-bill-2016" target="_blank" rel="noopener">The Citizenship (Amendment) Bill, 2016</a></strong> was introduced in Parliament to amend the Citizenship Act, 1955, so that these people could be made eligible for citizenship of India.</li>
<li>The Bill lapsed with the dissolution of the 16th Lok Sabha. Subsequently, the Citizenship (Amendment) Bill, 2019 was introduced in Lok Sabha in December 2019.</li>
</ul>
<p><a href="http://www.drishtiias.com/images/uploads/1576144008_1576139111_image3.jpg" target="_blank" rel="noopener"><img class="content-img" src="http://www.drishtiias.com/images/uploads/1576144008_1576139111_image3.jpg" width="576" height="261" style="display: block; margin-left: auto; margin-right: auto;" /></a></p>
<h3>Key Features</h3>
<ul style="list-style-type: square;">
<li><strong>Citizenship on the basis of religion:</strong> The Bill amends the Citizenship Act, 1955, and for the first time, will grant citizenship on the basis of religion to non-Muslim communities from Afghanistan, Bangladesh and Pakistan, who entered India on or before December 31, 2014.</li>
<li><strong>Non - Muslim Communities Included:</strong> Hindu, Sikh, Buddhist, Jain, Parsi, and Christian. This implies that migrants, who identify themselves with any group or community other than those mentioned here, from the above mentioned countries won't be eligible for citizenship.</li>
<li><strong>Exceptions:</strong> The provisions on citizenship for illegal migrants <strong>will not apply to two categories -</strong> states protected by the<a href="/daily-updates/daily-news-analysis/nagaland-extends-ilp-in-dimapur" target="_blank" rel="noopener"><strong> &lsquo;Inner Line&rsquo;</strong></a>, and areas covered under the <strong>Sixth Schedule</strong> of the Constitution.<br />
<ul style="list-style-type: circle;">
<li><strong>Inner Line Permit (ILP):</strong> This is a special permit that citizens from other parts of India require to enter a state protected by the ILP regime. Without an ILP granted by the state government, an Indian from another state cannot visit a state that is under the ILP regime.</li>
<li><strong>Sixth Schedule:</strong> The Sixth Schedule relates to special provisions in administration of certain Northeastern states (Assam, Mizoram, Meghalaya and Tripura). It provides special powers for Autonomous District Councils (ADCs) in these states.</li>
</ul>
</li>
<li><strong>Citizenship by Naturalization</strong><br />
<ul style="list-style-type: circle;">
<li>Under The Citizenship Act, 1955, one of the requirements for citizenship by naturalisation is that the applicant must have resided in India <strong>during the last 12 months,</strong> as well as for <strong>11 of the previous 14 years.</strong></li>
<li>The amendment<strong> relaxes</strong> the second requirement from <strong>11 years to 5 years</strong> as a specific condition for applicants belonging to the specified six religions, and the above mentioned three countries.</li>
</ul>
</li>
<li><strong>Additional Ground for Cancelling Overseas Citizen of India (OCI) Registration i.e.</strong> violation of any law notified by the central government. <br />
<ul style="list-style-type: circle;">
<li>However, the Bill does not provide any guidance on the nature of laws which the central government may notify. The Supreme Court has noted that this guidance is necessary to set limits on the authority&rsquo;s powers and to avoid any arbitrariness in exercise of powers.</li>
</ul>
</li>
</ul>
<h3>Arguments Against the Bill</h3>
<ul style="list-style-type: square;">
<li>The fundamental criticism of the Bill has been that it <strong>specifically targets Muslims.</strong> Critics argue that it is<strong> violative of Article 14 of the Constitution</strong> (which guarantees the right to equality) and the principle of<strong> secularism.</strong></li>
<li>India has several other refugees that include<strong> Tamils from Sri Lanka</strong> and <strong>Hindu Rohingya from Myanmar</strong>. They are <strong>not covered under the Act.</strong></li>
<li>Despite exemption granted to some regions in the Northeastern states, the prospect of citizenship for massive numbers of illegal Bangladeshi migrants has triggered deep anxieties in the states.</li>
<li>It will be difficult for the government to differentiate between illegal migrants and those persecuted.</li>
</ul>
<h3>Arguments in Favour</h3>
<ul style="list-style-type: square;">
<li>The government has clarified that Pakistan, Afghanistan and Bangladesh are Islamic republics where<strong> Muslims</strong> are in majority hence they <strong>cannot be treated as persecuted minorities.</strong> It has assured that the government will examine the application from any other community <strong>on a case to case basis.</strong></li>
<li>This Bill will come as a big boon to all those people who have been the<strong> victims of Partition</strong> and the subsequent conversion of the three countries into theocratic Islamic republics.<br />
<ul style="list-style-type: circle;">
<li>Citing partition between India and Pakistan on religious lines in 1947, the government has argued that millions of citizens of undivided India belonging to various faiths were staying in Pakistan and Bangladesh from 1947.</li>
<li>The constitutions of Pakistan, Afghanistan and Bangladesh provide for a specific state religion. As a result, many persons belonging to Hindu, Sikh, Buddhist, Jain, Parsi and Christian communities have faced persecution on grounds of religion in those countries.</li>
<li>Many such persons have fled to India to seek shelter and continued to stay in India even if their travel documents have expired or they have incomplete or no documents.</li>
</ul>
</li>
<li>After Independence, not once but twice,<strong> India conceded that the minorities in its neighbourhood is its responsibility.</strong> First, immediately after Partition and again during the Indira-Mujib Pact in 1972 when India had agreed to absorb over 1.2 million refugees. It is a historical fact that on both occasions, it was only the Hindus, Sikhs, Buddhists and Christians who had come over to Indian side.</li>
</ul>
<p><a href="https://www.thehindu.com/news/national/parliament-clears-citizenship-amendment-bill/article30279517.ece" target="_blank" rel="noopener"><strong>Source: TH</strong></a></p>',
		'postdate' => object(Cake\I18n\FrozenTime) {},
		'url' => 'https://www.drishtiias.com/daily-updates/daily-news-analysis/citizenship-amendment-bill-2019'
	],
	(int) 17 => [
		'title' => 'Taj Trapezium Zone',
		'catname' => 'News Analysis',
		'desc' => '<h3>Why in News</h3>
<p>Recently, the Supreme Court has permitted Northern Railways to cut over 400 trees in the Taj Trapezium Zone (TTZ) for construction of an additional rail track between Delhi and Agra on the condition of mandatory compensatory afforestation.</p>
<h3>Background</h3>
<ul style="list-style-type: square;">
<li><strong>Supreme Court Ruling:</strong> In response to a Public Interest Litigation seeking to protect the Taj Mahal from environmental pollution, the Supreme Court of India delivered a ruling in December,1996 that banned the use of coal/ coke in industries located in the TTZ.<br />
<ul style="list-style-type: circle;">
<li>It ordered for switching over from coal/ coke to natural gas, and relocating them outside the TTZ or shutting down.</li>
</ul>
</li>
<li>The Central Government in exercise of the powers conferred under the <strong>Environment (Protection) Act, 1986</strong> has constituted the <strong>Taj Trapezium Zone Pollution (Prevention and Control) authority in 1998.</strong></li>
<li><strong>TTZ</strong> is a defined area of 10,400 sq km around the Taj Mahal to protect the monument from pollution. <br />
<ul style="list-style-type: circle;">
<li>TTZ is so named since it is located around the Taj Mahal and is shaped like a trapezium.</li>
<li>It comprises monuments including three <a href="/daily-updates/daily-news-analysis/world-heritage-week-2019" target="_blank" rel="noopener"><strong>World Heritage Sites</strong></a> the <strong>Taj Mahal, Agra Fort </strong>and <strong>Fatehpur Sikri.</strong></li>
</ul>
</li>
</ul>
<p><a href="http://www.drishtiias.com/images/uploads/1576136330_image2.jpg" target="_blank" rel="noopener"><strong><img class="content-img" src="http://www.drishtiias.com/images/uploads/1576136330_image2.jpg" width="507" height="300" style="display: block; margin-left: auto; margin-right: auto;" caption="false" /></strong></a></p>
<h3>Geographical location</h3>
<ul style="list-style-type: square;">
<li>The geographical limits of the Taj Trapezium Zone is defined in the shape of a trapezium lying in the Agra Division of the <strong>State of Uttar Pradesh</strong> and in the Bharatpur Division of the <strong>State of Rajasthan.</strong></li>
</ul>
<p><a href="https://www.livemint.com/" target="_blank" rel="noopener"><strong>Source: Live mint</strong></a></p>',
		'postdate' => object(Cake\I18n\FrozenTime) {},
		'url' => 'https://www.drishtiias.com/daily-updates/daily-news-analysis/taj-trapezium-zone'
	],
	(int) 18 => [
		'title' => 'Heavy Metals Contaminating India’s Rivers',
		'catname' => 'News Analysis',
		'desc' => '<h3>Why in News</h3>
<p>Recently, the <a href="/daily-updates/daily-news-analysis/central-water-commission-on-kerala-floods" target="_blank" rel="noopener"><strong>Central Water Commission (CWC)</strong></a> has reported that the samples from<strong> two-thirds of the water quality stations</strong> spanning India&rsquo;s major rivers are contaminated by<strong> one or more heavy metals, exceeding safe limits</strong> set by the <a href="/daily-updates/daily-news-analysis/bureau-of-indian-standards-bis-act-2016" target="_blank" rel="noopener"><strong>Bureau of Indian Standards</strong></a>.</p>
<ul style="list-style-type: square;">
<li>The samples from only <strong>one-third</strong> of water quality stations were <strong>safe</strong> whereas <strong>65%</strong> were <strong>polluted</strong> by <strong>heavy metals.</strong><br />
<ul style="list-style-type: circle;">
<li>Heavy metals are naturally occurring elements that have a high atomic weight and a density of at least 5 times greater than that of water.</li>
</ul>
</li>
<li>The exercise was <strong>limited to surface water</strong> and<strong> did not cover</strong> <a href="/to-the-points/paper3/groundwater-crisis-in-india" target="_blank" rel="noopener"><strong>groundwater</strong></a> contamination.</li>
<li>The <strong>presence of metals</strong> in drinking water to <strong>some extent</strong> is <strong>unavoidable</strong> and certain metals, in<strong> trace amounts,</strong> are required for <strong>good health.</strong> However, when present above safe limits, they are associated with a range of disorders.<br />
<ul style="list-style-type: circle;">
<li><strong>Long-term exposure</strong> to the heavy metals may result in physical, muscular, and neurological degenerative processes that mimic Alzheimer&rsquo;s disease, Parkinson&rsquo;s disease, muscular dystrophy and multiple sclerosis.</li>
</ul>
</li>
</ul>
<h3>Key Points<a href="http://www.drishtiias.com/images/uploads/1576135756_image1.jpg" target="_blank" rel="noopener"><img class="content-img" src="http://www.drishtiias.com/images/uploads/1576135756_image1.jpg" width="263" height="177" style="float: right;" caption="false" /></a></h3>
<ul style="list-style-type: square;">
<li><strong>Iron</strong> emerged as the <strong>most common contaminant</strong> with<strong> above safe limits</strong> across the country.</li>
<li><strong>Arsenic and zinc</strong> are the two toxic metals whose concentration is always found within the limits.<br />
<ul style="list-style-type: circle;">
<li>Arsenic contamination is a major environmental issue that affects <strong>groundwater.</strong></li>
</ul>
</li>
<li>The other <strong>major contaminants</strong> found in the samples were<strong> lead, nickel, chromium, cadmium and copper.</strong></li>
<li>The contamination of water sites depends on the<strong> season.</strong> As the <strong>varied presence of contaminants</strong> is found in <strong>different seasons.</strong> Thus, the water samples were collected in <strong>three different</strong> seasons: <strong>Non-Monsoon, and Monsoon.</strong><br />
<ul style="list-style-type: circle;">
<li><strong>Non-Monsoon Period:</strong> Lead, cadmium, nickel, chromium and copper contamination were more common in this period.</li>
<li><strong>Monsoon Period:</strong> Iron, lead, chromium and copper exceeded &lsquo;tolerance limits&rsquo; in this period most of the time.</li>
</ul>
</li>
</ul>
<h3>Reasons for Contamination of Surface Water</h3>
<ul style="list-style-type: square;">
<li>The main sources of heavy metal pollution are <a href="/daily-updates/daily-news-analysis/rat-hole-mining" target="_blank" rel="noopener"><strong>mining</strong></a>, milling, plating and surface finishing industries that discharge a variety of toxic metals into the environment.</li>
<li>The population growth and rise in agricultural and industrial activities are also responsible for contamination of surface water.</li>
</ul>
<p><a href="https://www.thehindu.com/news/national/heavy-metals-contaminating-indias-rivers/article30279681.ece" target="_blank" rel="noopener"><strong>Source: TH</strong></a></p>',
		'postdate' => object(Cake\I18n\FrozenTime) {},
		'url' => 'https://www.drishtiias.com/daily-updates/daily-news-analysis/heavy-metals-contaminating-india-s-rivers'
	],
	(int) 19 => [
		'title' => 'Retributive Justice',
		'catname' => 'News Editorials',
		'desc' => '<div class="border">
<p>This article is based on<a href="https://www.thehindu.com/opinion/op-ed/demonising-the-legal-system-wont-help/article30239307.ece" target="_blank" rel="noopener"><strong> &ldquo;Demonising the legal system won&rsquo;t help&rdquo;</strong> </a>which was published in The Hindu on 09/12/2019. It highlights the challenges associated with retributive justice.</p>
</div>
<p>The demand for speedy retributive justice in the recent heinous crime done against a veterinarian has brought into light the question of extra-constitutional killings. The public sentiments, political demand of public lynching of rapists inter-alia have raised the debate whether a democratic country should follow the constitutional norms and adhere to the due process of law or shall it adopt the measures of retributive justice to bring instant and speedy justice to the victim.</p>
<h3>What do we mean by Retributive Justice?</h3>
<p>Retributive justice is a system of criminal justice based on the <strong>punishment of offenders rather than on rehabilitation.</strong> It is a theory of punishment that when an offender breaks the law, justice requires that he or she must <strong>suffer in return.</strong> It also requires that the response to a crime must be proportional to the committed offence.</p>
<h3>Current Issue</h3>
<ul style="list-style-type: square;">
<li>While in India we have had a stringent, amended rape law in place and also fast track judicial processes, the <a href="/daily-updates/daily-news-editorials/war-on-women" target="_blank" rel="noopener"><strong>crime against women is still on the rise.</strong></a></li>
<li>In the recent Hyderabad case, the police first turned away the victim&rsquo;s family when they went to lodge a complaint and finally after the encounter of the four alleged convicts they claimed that the accused, who was under heavy police protection, tried to escape and had to be killed.</li>
<li>From protests on the ground, to the commentary on social media, to MPs in Parliament, the demand for the instant killing of the accused from all corners created the public opinion for the <strong>abandonment of the rule of law</strong> that appears to have led to the incident.<br />
<ul style="list-style-type: circle;">
<li>The argument in this regard is that there is a perception that the legal institutions are ill-equipped to deal with such crimes and to bring the perpetrators to justice. The rule of law is not giving women the due justice, and that at the very least, laws need to be amended to create a stronger deterrent and provide quicker closure to victims of crimes of sexual violence.</li>
<li>But this argument needs to be challenged. As per the <strong>National Crime Records Bureau data-2017, chargesheeting rates</strong> in cases of rape as well as rape and murder are higher than that for all other violent crimes, and the <strong>conviction rates are higher too,</strong> while the <strong>pendency rates</strong> are roughly the same as the average for all violent crimes.</li>
</ul>
</li>
</ul>
<ul style="list-style-type: square;">
<li>For several affected families, death is the only answer to rape. But public responses that equate judicial outcomes and justice to immediate and quick retribution are neither universal nor just.</li>
<li>This raises a concern whether retributive justice is the way to go in a democratic country that has a historical legacy of resisting violence in fundamentally non-retributive ways?</li>
</ul>
<h3>Constitutional Conflict</h3>
<ul style="list-style-type: square;">
<li>There is a procedure prescribed by the law for criminal investigation which is embedded in constitutional principles. <strong>Article 21</strong> of the Constitution (which is fundamental and non-derogable) states that no person shall be deprived of his life or personal liberty except according to the procedure established by law. <br />
<ul style="list-style-type: circle;">
<li>Hence, <strong>it is the responsibility of the police, being the officers of government, to follow the Constitutional principles and uphold the Right to Life</strong> of every individual whether an innocent one or a criminal.</li>
</ul>
</li>
<li>Also in the <strong>Salwa Judum case in 2011</strong> a core constitutional precept was set out that in modern constitutionalism no wielder of power can be allowed to claim the right to perpetrate state&rsquo;s violence against anyone. This is also the touchstone of the constitutionally prescribed rule of law<strong> (Article 14).</strong></li>
<li>Also it was argued in the <strong>Encounters case</strong> before the Andhra Pradesh High Court, the discussion on the law was on &lsquo;whether a plea of self-defense where excessive force is used, should be tried for manslaughter or murder&rsquo;.</li>
<li>Till date, there is no law in force in India that authorises the police to kill. Hence, the plea of self-defence by police cannot be used to rationalise a targeted, premeditated killing of suspects in custody.</li>
</ul>
<h3>Challenges with the Present System</h3>
<ul style="list-style-type: square;">
<li><strong>Stringent Laws:</strong> Some of the existing legal provisions are too harsh in ways that harm both men and women, and other important legal provisions are not being implemented. <br />
<ul style="list-style-type: circle;">
<li>Even, the <strong>Justice Verma Committee report</strong> acknowledged the same and recommended at improving the status of women in <strong>non-legal ways</strong> alongwith its legal recommendations that included a much-needed broadening of the definition of rape and raising of the minimum sentence for rape to 10 years.</li>
<li>However, the <strong>Criminal Law (Amendment) Act, 2013</strong> went well beyond what was recommended by the Verma Committee Report. It <strong>introduced the death penalty</strong> for some circumstances around rape, including repeat offences, despite the Verma Committee expressly arguing against this. These stringent provisions have had a few worrisome results:<br />
<ul style="list-style-type: disc;">
<li>First, there has been further <strong>criminalisation</strong> (with longer sentences) of consenting underage couples (there are over 25% cases related to breach of promise to marry).</li>
<li>Second, laws have <strong>removed any discretion</strong> in minimum sentencing from the hands of judges. There is evidence that removing such discretion actually lowers the rate of conviction.</li>
</ul>
</li>
</ul>
</li>
<li><strong>Inadequate Protection:</strong> There is now a situation where there are not much loopholes in laws concerning sexual violence against women but on the other hand, there is <strong>no legal protection for adult men</strong> from rape; and under the new <strong>Transgender Persons (Protection of Rights) Act,</strong> the sexual abuse of a transgender person carries a maximum sentence of two years only.</li>
<li><strong>Powerful Accused:</strong> There have been instances when the accused is a powerful person, there is an attempt of exhausting the individual&rsquo;s pre-trial options, including attempts to quash charges or shift the trial to a friendlier city, making a mockery of a fast-track case. <br />
<ul style="list-style-type: circle;">
<li>Other challenges include, the police officials refrain from filing an FIR (already a punishable act for the police), victims facing cross-examination about their past sexual histories, and little is done for rehabilitation or therapy offered to victims.</li>
</ul>
</li>
<li><strong>Time-consuming Process:</strong> Official statistics on the speed of trials by nature of crime are not maintained, however, there is anecdotal evidence that the <strong>average rape trial</strong> in a big city at the trial court stage is <strong>completed within two years,</strong> but the appellate process takes longer.<br />
<ul style="list-style-type: circle;">
<li>For instance, in the 2012 Delhi case, the trial was conducted within a year, the High Court appeal by March 2014, and the Supreme Court appeal by May 2017.</li>
</ul>
</li>
</ul>
<h3>Way Forward</h3>
<ul style="list-style-type: square;">
<li>Justice in any civilised society is not just about retribution, but also about deterrence, and in less serious crimes, <strong>rehabilitation</strong> of the offenders. Although existing laws on sexual crimes and punishment need a better application, a recourse to brutal retribution as suggested unwisely by many is no solution.</li>
<li>The political sanction of &ldquo;encounter killings&rdquo; to deliver swift retribution would only be a disincentive for the police to follow due process and may even deter them from pursuing the course of justice. Far from ensuring justice to the victims, <strong>bending the law in such cases would only undermine people&rsquo;s faith in the criminal justice system.</strong></li>
<li>There is no doubt that the anguish or outrage of people in the aftermath of such horrific crimes is justified. There is a need to keep in sight of the rule of law and constitutional tenets. <br />
<ul style="list-style-type: circle;">
<li>The ends of justice are not served by wanton killing and retributive blood lust. Justice lies in supporting them in their moment of grief and pain and insisting on due process that brings suspects and accused to trial through a robust, stringent and competent criminal investigation.</li>
</ul>
</li>
</ul>
<p>According to <strong>Dr. B.R. Ambedkar,</strong> the pathways of justice are not linear nor without obstacles. But we have, as a people, chosen the route of democracy and the Constitution, so we really have no option but to school ourselves in constitutional morality that with time must replace public morality.</p>
<table border="1" style="border-collapse: collapse; width: 100%;" height="97">
<tbody>
<tr>
<td style="width: 100%; border-style: dotted; border-color: #ff0000; background-color: #fcf5cc;">
<p><span style="color: #000080;"><em><strong>Drishti Mains Question</strong></em></span><br /><br />&lsquo;The ends of justice are not served by wanton killing and retributive measures&rsquo;. In the light of the given statement, briefly discuss the significance of the due process of law in the criminal investigation in India.</p>
</td>
</tr>
</tbody>
</table>
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