29-July-2024-Daily-Current-Affairs

DEFENDING DISABILITY RESERVATIONS

TOPIC: (GS2) POLITY AND GOVERNANCE – SOURCE: THE HINDU

The recent controversy surrounding Puja Khedkar, who allegedly faked her disability and caste to gain benefits, has sparked a debate on the reservations for persons with disabilities (PwDs).

 Comments by a former NITI Aayog CEO questioning these reservations, particularly for mental disabilities, highlight the prevailing societal biases and call into question the fairness and effectiveness of reservation policies for PwDs.

Deep-rooted Ableism

• Interaction with PwDs: Many officers lack exposure to the challenges faced by PwDs.
• Societal Barriers: PwDs encounter multiple obstacles in society and the workforce, including inaccessible infrastructure, unsuitable education systems, and biased exam formats.
• Purpose of Reservation Policies: These policies aim to provide equitable opportunities, and isolated cases of misuse should not undermine their broader intent.

Challenges Faced by PwDs

• Employment Statistics: Only 23.8% of PwDs were employed in 2018 compared to a national labor force participation rate of 50.2%.
• Structural Issues: Barriers include lack of accessible education, hiring biases, and inadequate workplace accommodations.

Instances of Bias and Injustice

• Civil Services: Cases like Kartik Kansal and Ira Singhal illustrate systemic biases despite clearing competitive exams.
• Supreme Court Ruling: In Vikash Kumar v. UPSC (2021), the court highlighted the potential misuse of scribes but stressed the need for fair punitive measures rather than discriminatory policies.

Flaws in Disability Certification System

• Outdated Practices: India’s method of quantifying disabilities by percentage is outdated and inconsistent with international standards.
• Certification Process: The process is inaccessible, time-consuming, and often yields contradictory results due to the lack of specialists and unrealistic assessment guidelines.

Conclusion

Addressing systemic issues is crucial for ensuring fairness and equity for PwDs. Ms. Khedkar’s alleged fraud should be dealt with strictly, but it should not lead to unwarranted reviews of reservation policies that support a marginalized group.

ON RESERVATIONS AND THE OBC CREAMY LAYER

TOPIC: (GS2) POLITY AND GOVERNANCE – SOURCE: THE HINDU

The allocation of IAS to Puja Khedkar as an OBC Non-Creamy Layer (NCL) candidate with disabilities has highlighted issues related to the creamy layer in OBC reservations. This controversy underscores the need for equitable distribution of reservation benefits.

History of Reservation

• Constitutional Provisions: Articles 15 and 16 guarantee equality and enable special provisions for socially and educationally backward classes, SC, and ST.
• Fixed Reservations: SC and ST reservations are 15% and 7.5%, respectively, in central jobs, educational institutions, and PSUs.
• OBC Reservation: Implemented in 1990 (27% in central government jobs) based on Mandal Commission recommendations.
• Expansion: 2005 – reservations in educational institutions including private ones; 2019 – 10% reservation for EWS among the unreserved category.

Creamy Layer Concept

• Supreme Court Ruling: In the Indra Sawhney case (1992), caste was seen as a determinant of class, and a 50% cap on reservations was set.
• Creamy Layer Exclusion: Based on Justice Ram Nandan Prasad Committee (1993) recommendations. Criteria include:
• Parental income exceeding ₹8 lakh annually (excluding salary/agricultural income).
• Parents in specific government or managerial positions.
• Parents holding constitutional posts.

Issues with Reservation

• Inadequacies: Allegations of fraudulent NCL, EWS, and disability certificates.
• Exploitation: Strategies to bypass creamy layer exclusions (e.g., gifting assets, premature retirement).

Concentration of Benefits: Rohini Commission findings:

• 97% of reserved jobs and educational seats claimed by 25% of OBC castes/sub-castes.
• 1,000 out of 2,600 OBC communities had no representation.
• SC/ST Concentration: Similar issues without creamy layer exclusion for these groups.

Way Forward

• Addressing Loopholes: Thorough scrutiny of NCL, EWS, and disability certificates to ensure eligibility.
• Filling Vacancies: Addressing backlogs for reserved community positions.
• Sub-categorisation: Essential for equitable representation among OBC communities.
• Creamy Layer in SC/ST: Consideration for exclusion, especially for children of Group I/Class A officials.

Conclusion

Addressing these issues requires a balanced approach and inclusive discussions with all stakeholders to ensure reservations benefit the most marginalized and underprivileged groups.

Multiple Choice Question:

1. Consider the following statements with reference to the Mandal Commission judgment (Indra Sawhney case) of 1992:
2. The Supreme Court upheld the reservation for Other Backward Classes (OBCs) in government jobs.
3. The judgment introduced the concept of the ‘creamy layer’ to exclude the affluent members among the OBCs from availing the benefits of reservation.
4. The judgment provided for reservations in promotions for OBCs.

Which of the statements given above is/are correct?

1. 1 and 2 only
2. 2 and 3 only
3. 1 and 3 only
4. 1, 2 and 3

ANSWER: A

EXPLANATION:

The Supreme Court upheld the reservation for Other Backward Classes (OBCs) in government jobs in the Indra Sawhney case, also known as the Mandal Commission case.

The judgment introduced the concept of the ‘creamy layer’, which excludes the economically advanced members among the OBCs from availing the benefits of reservation.

The judgment did not provide for reservations in promotions for OBCs. It explicitly held that reservations in promotions are unconstitutional.

SC TO EXAMINE ACQUITTED MAN’S ‘RIGHT TO BE FORGOTTEN’

TOPIC: (GS2) POLITY AND GOVERNANCE – SOURCE: INDIAN EXPRESS

India does not currently have a statutory framework for the “right to be forgotten.” However, the Supreme Court has agreed to hear a case that will likely define its contours in the country.

This case involves a man who was acquitted in a 2014 rape and cheating case and is challenging a Madras High Court ruling.

The SC’s decision will address whether this right is fundamental and how it aligns with other constitutional rights.

What is the Right to Be Forgotten?

• The right to be forgotten allows individuals to remove their digital footprint from online searches when it infringes on their privacy.
• This concept was affirmed by the Court of Justice of the European Union (CJEU) in the “Google Spain case” in May 2014, where it ruled that search engines must honor requests to delete data that is deemed inadequate, irrelevant, or excessive.

Interpretation in India:

• In India, the right to be forgotten is not explicitly stated in any statute. However, the Supreme Court recognized the right to privacy as a fundamental right in the 2017 Justice K S Puttaswamy v Union of India case.
• In his concurring opinion, Justice S K Kaul mentioned the right to be forgotten, outlining conditions under which personal data should be removable from public access when it is no longer necessary or relevant.

Previous Court Rulings:

• Rajagopal vs. State of Tamil Nadu (1994): The SC ruled that individuals have the right to safeguard their privacy but distinguished this from the publication of public records.
• Dharamraj Bhanushankar Dave vs State Of Gujarat (2017): The Gujarat HC denied the removal of acquittal details from public records.
• [Name Redacted] vs The Registrar General, Karnataka HC (2017): The court protected the petitioner’s name in an annulment case, following trends in Western countries.
• Jorawar Singh Mundy Case, Delhi HC (2021): The court allowed the removal of case details from search results to prevent irreparable harm to the petitioner.
• Orissa HC (2020): The court highlighted the need for a debate on the right to be forgotten in cases involving “revenge porn.”

Conclusion:

The Supreme Court’s decision on this case will be pivotal in establishing the right to be forgotten in India. This ruling could define how this right is balanced with other fundamental rights and its application in protecting individuals’ privacy and digital footprint.

Multiple Choice Question:

1. With reference to the landmark Supreme Court judgment in Justice K.S. Puttaswamy (Retd.) v. Union of India case, consider the following statements:
2. The judgment declared the right to privacy as a fundamental right under the Indian Constitution.
3. The judgment upheld the validity of the Aadhaar Act, 2016, in its entirety.
4. The judgment held that the right to privacy is protected under Articles 14, 19, and 21 of the Indian Constitution.

Which of the statements given above is/are correct?

1. 1 only
2. 1 and 3 only
3. 2 and 3 only
4. 1, 2 and 3

ANSWER: B

EXPLANATION:

The Supreme Court in the Justice K.S. Puttaswamy case declared the right to privacy as a fundamental right under the Indian Constitution.

The judgment did not uphold the validity of the Aadhaar Act, 2016, in its entirety. While the court upheld the Aadhaar scheme’s constitutionality, it also struck down certain provisions of the Act.

The judgment held that the right to privacy is protected under Articles 14 (Right to Equality), 19 (Right to Freedom), and 21 (Right to Life and Personal Liberty) of the Indian Constitution.

HOW EDUCATED MOTHERS OF YOUNG KIDS CAN BE ASSET FOR NIPUN

TOPIC: (GS2) POLITY AND GOVERNANCE – SOURCE: INDIAN EXPRESS

The National Education Policy (NEP) 2020, launched on July 29, aims to ensure foundational literacy and numeracy by Grade 3. The National Initiative for Proficiency in Reading with Understanding and Numeracy (NIPUN) Bharat Mission, initiated on July 5, 2021, focuses on achieving this goal through improved frameworks and teacher training.

 Leveraging the education of mothers, particularly those with young children, can significantly contribute to this mission.

Two Demographic Trends:

School Enrollment Levels:

• Enrollment levels for ages 6-14 have significantly increased, exceeding 90% due to initiatives like Sarva Shiksha Abhiyan.
• Focus is now on elevating foundational skills in early grades.

Education Levels of Mothers:

• From 2010 to 2022, the percentage of mothers of young children who studied beyond Grade 5 rose from 35% to nearly 60%.
• States like Uttarakhand, Maharashtra, Punjab, and Haryana have 30-40% of such mothers with education beyond Grade 10.
• Tamil Nadu and Himachal Pradesh see even higher percentages.

Leveraging Educated Mothers:

Increased Participation:

• Mothers’ education levels can be instrumental in supporting their children’s foundational literacy and numeracy.
• Higher engagement with schools and involvement in children’s education has been observed, especially during the pandemic.

Economic Implications:

• Despite high education levels, the labor force participation rate (LFPR) for women remains low, with many educated mothers available to support educational goals.
• The latest data shows only 37% of women in India participate in the labor force, indicating a potential resource for enhancing children’s learning.

Conclusion:

Educated mothers can play a crucial role in achieving the goals of the NIPUN Bharat Mission. By actively involving educated mothers, especially in early childhood education, India can leverage their potential to ensure all children achieve foundational literacy and numeracy by Grade 3, ultimately contributing to the nation’s educational and developmental goals.

IN MIDNIGHT RESHUFFLE, PRESIDENT APPOINTS SIX NEW GOVERNORS

TOPIC: (GS2) POLITY AND GOVERNANCE – SOURCE: THE HINDU

President Droupadi Murmu conducted a significant reshuffle of gubernatorial positions, announcing six new appointments and shifting three others in a late-night communique.

New Appointments

• Om Mathur appointed Governor of Sikkim. His appointment is notable due to speculation about his potential run for BJP president.
• Kailashnathan, former IAS officer and close aide to PM Modi, appointed Lieutenant-Governor of Puducherry after stepping down as Chief Principal Secretary in Gujarat.
• Lakshman Prasad Acharya replaces Anusuiya Uikey as Governor of Manipur and takes on additional duties in Assam.

Governor Transfers

• Gulab Chand Kataria from Assam to Governor of Punjab and Administrator of Chandigarh.
• P. Radhakrishnan shifts from Jharkhand and Telangana to Governor of Maharashtra.

New Governors

• Santosh Kumar Gangwar (Jharkhand).
• Jishnu Dev Varma (Telangana).
• Ramen Deka (Chhattisgarh).
• H. Vijayashankar (Meghalaya).
• Haribhau Kisanrao Bagde (Rajasthan)

Governor’s Role:

The Governor in India has a dual role:

• Constitutional Head: Acts on the advice of the state’s council of ministers.
• Union-State Link: Serves as a vital connection between the Union Government and the State Government.

Constitutional Provisions:

• Appointment and Powers: Article 153 of the Indian Constitution states that there shall be a Governor for each State. A single person can be appointed as Governor for multiple states.
• Dual Capacity: The Governor acts both as the state’s constitutional head and as the Union’s representative, bridging the Union and state governments.
• Eligibility: According to Articles 157 and 158, a Governor must:

Be a citizen of India.

• Be at least 35 years old.
• Not be a member of the Parliament or State Legislature.
• Not hold any office of profit.
• Term and Termination: The Governor’s term is usually five years but can end earlier by:
• Dismissal by the President on the Prime Minister’s advice (dismissal without valid reason is not allowed; unconstitutional acts by the Governor can lead to dismissal).

Resignation by the Governor.

Issues:

• Abuse of Position: The Governor’s role has often been misused for political gains by the ruling party at the Centre, leading to biased appointments and actions.
• Discretionary Powers: The Governor’s power to invite the leader of the largest party/alliance to form the government has been misused.
• Imposition of President’s Rule: The use of Article 356 (President’s rule) has been frequently misused by the central government.
• Rubber Stamp: The Governor’s dependency on the council of ministers’ advice has reduced the office’s significance.

Recommendations:

• R. Bommai Case (1994): The Supreme Court, following the Sarkaria Commission’s recommendations, clarified that constitutional machinery breakdown implies a severe inability to govern a state. The court emphasized that while the President’s satisfaction in declaring President’s rule is beyond judicial review, the material basis for this satisfaction, including the Governor’s report, is subject to judicial scrutiny.
• The Supreme Court reinstated governments in cases where President’s rule was arbitrarily imposed, emphasizing the need for solid evidence before such decisions.
• This summary highlights the key aspects and challenges related to the Governor’s role and suggests judicial scrutiny as a check on potential abuses.
• Consider the following statements regarding the role and constitutional provisions of Governors in India:

Multiple Choice Question:

1. The Governor of a state in India can act in a dual capacity as both the constitutional head of the state and as a representative of the Union Government.
2. According to the Indian Constitution, a person can be appointed as a Governor for more than one state.
3. The term of office for a Governor is five years and cannot be terminated before the completion of the term.
4. The Governor has discretionary powers to invite the leader of the largest party/alliance to form the government after an election.

Which of the statements given above is/are correct?

1. 1 and 2 only
2. 2 and 3 only
3. 1, 2 and 4 only
4. 1, 2, 3, and 4

ANSWER: C

EXPLANATION:

The Governor acts in a dual capacity as both the constitutional head of the state and as a representative of the Union Government.

As per Article 153 of the Indian Constitution, one person can be appointed as Governor for two or more states.

While the term of office for a Governor is normally five years, it can be terminated earlier by dismissal by the President or resignation by the Governor.

The Governor has discretionary powers to invite the leader of the largest party/alliance to form the government after an election, though this power has sometimes been misused to favor certain political parties.

INTEGRATED DISEASE SURVEILLANCE PROGRAMME (IDSP)

TOPIC: (GS2) POLITY AND GOVERNANCE – SOURCE: HINDUSTHAN TIMES

The Integrated Disease Surveillance Programme (IDSP) is a key health initiative in India.

It focuses on monitoring and controlling disease outbreaks.

Key Points:

Launch and Objective:

• Initiated by the Ministry of Health and Family Welfare in November 2004 with World Bank support.
• Aims to strengthen a decentralized, lab-based, IT-enabled surveillance system for epidemic-prone diseases.

Programme Structure:

• Surveillance units are established at Central, State, and District levels.
• These units work together to integrate and decentralize surveillance activities.

Human Resource Development:

• Training is provided for State Surveillance Officers, District Surveillance Officers, Rapid Response Teams (RRTs), and other medical staff.

Use of Technology:

• Information Communication Technology (ICT) is used for data collection, analysis, and dissemination.

Public Health Laboratories:

• Strengthening of public health laboratories is a significant component.

Intersectoral Coordination:

• Coordination with various sectors for managing zoonotic diseases.

Data Collection and Management:

• Weekly data on epidemic-prone diseases is collected using specific formats: “S” (suspected cases), “P” (presumptive cases), and “L” (laboratory-confirmed cases).
• Health Workers, Clinicians, and Laboratory staff fill these forms.
• States and Union Territories submit weekly reports, including NIL reports.
• This data helps in tracking disease trends and seasonality.
• RRTs investigate rising illness trends to control outbreaks.

MAKO MISSILE

TOPIC: (GS3) SECURITY SOURCE: THE HINDU

The Mako missile is an advanced air-launched hypersonic missile.

It is developed by Lockheed Martin, a leading American aerospace and defense company.

Key Points

Deployment:

• To be installed in all US military aircraft, including Navy SEAL commandos and the Air Force.
• Compatible with fifth-generation stealth fighter jets like the F-35 and F-22 Raptor.

Capabilities:

• Multi-mission use: targets at sea, in the air, and on land.
• Named after the fastest shark, reflecting its speed and agility.
• Penetrates advanced air-defense systems to hit high-value targets.

Features:

• Achieves speeds over Mach 5 with high maneuverability.
• Developed using a “digital engineering ecosystem”.
• Weighs approximately 590 kg, with a diameter of 13 inches and a length of 4 meters.

Significance:

• The world’s first hypersonic weapon for internal weapons bays of stealth fighters.
• Enhances the precision and efficiency of military operations.

NOTIFIED DISASTERS IN INDIA

TOPIC: (GS3) SCIENCE AND TECHNOLOGY : THE HINDU

Notified disasters in India are defined under the Disaster Management Act, 2005.

These are significant events causing substantial loss of life, property, or environmental damage.

Key Points:

Definition and Scope:

• A disaster is described as a “catastrophe, mishap, calamity or grave occurrence” from natural or man-made causes.
• The classification is essential for coordinating response and relief efforts.

Current Notified Disasters:

There are 12 types of disasters officially recognized:

1. Cyclone
2. Drought
3. Earthquake
4. Fire
5. Flood
6. Tsunami
7. Hailstorm
8. Landslide
9. Avalanche
10. Cloud burst
11. Pest attack
12. Frost and cold wave

Relief Funds:

• Disasters on this list are eligible for assistance from the National Disaster Response Fund (NDRF) and State Disaster Response Fund (SDRF).
• Heatwaves have not been included in this list by the 15th Finance Commission.