ADDRESSING THE ISSUE OF ADJOURNMENTS AND CASE PENDENCY
TOPIC: (GS2) POLITY: THE HINDU
President Droupadi Murmu has emphasized the need to eliminate delays in the judicial process. During the District Judiciary Conference, she highlighted that frequent adjournments create obstacles for poor and rural populations in accessing justice, as they fear their cases will remain unresolved for extended periods.
Primary Causes of Case Pendency and Frequent Adjournments in Indian Courts:
- Judge-Population Ratio: India currently has a low judge-to-population ratio, with only 21 judges for every million citizens as of 2024, significantly lower than the Law Commission’s suggested 50 judges per million.
- Vacant Judicial Positions: The failure to fill judicial vacancies has led to understaffed courts, with High Courts experiencing around 30% vacancies, thereby overburdening existing judges.
- Additional Judicial Responsibilities: Judges are frequently required to manage multiple courts or take on specialized roles, which detracts from their focus on primary cases, leading to additional delays.
- Complex Case Load: Courts face a variety of cases, including civil, criminal, constitutional, and appeals. Many cases escalate to higher courts, contributing to substantial backlogs.
- Lack of Judicial-Impact Assessment: New legislations often increase the caseload without assessing their impact on court infrastructure, staffing, and resources, thus worsening delays.
- Delay in Witness Availability: The unavailability of witnesses can lead to postponements of court hearings, adversely affecting trial timelines.
How can technology be leveraged to reduce case pendency?
- Digitization of Case Records: Electronic management of records can streamline the processes of filing, retrieving, and transferring cases between courts, thus minimizing administrative delays.
- AI-Powered Case Management Systems: AI technology can aid in prioritizing cases, monitoring progress, and forecasting potential delays, which helps judges and clerks optimize schedules.
- E-Courts and Video Conferencing: Virtual court sessions can accelerate the resolution of cases, particularly those that are minor or remote, by eliminating travel time and scheduling conflicts.
- Automation of Routine Processes: Automating tasks such as case status updates, notifications, and scheduling can help reduce clerical delays and enhance transparency for litigants.
- Data Analytics for Judicial Insights: Utilizing predictive analytics can reveal case trends, allowing policymakers to make informed decisions regarding judicial staffing and resource allocation.
What reforms are necessary to improve judicial efficiency and reduce backlog? (Way forward)
- Filling Vacancies and Enhancing Judge Numbers: It is essential to promptly address judicial vacancies and increase the number of sanctioned positions to align with the population’s needs and the rising caseload.
- Implementing Judicial-Impact Assessments: Adopting the recommendations from the Justice M. Jagannadha Rao Committee for conducting pre-legislative impact assessments would ensure that new laws are supported by adequate resources.
- Expanding Mediation and Alternative Dispute Resolution (ADR): Promoting mediation centers and encouraging ADR methods can help settle disputes outside of court, thereby alleviating the pressure on the judiciary.
- Dedicated Special Courts: Creating well-resourced, specialized courts for specific types of cases (e.g., economic crimes, family disputes) would help lessen the burden on general courts.
- No Additional Charge Policy for Judges: Assigning judges a single area of focus allows them to concentrate on cases without excessive distractions, enhancing efficiency and the quality of judgments.
- Periodic Judicial Training: Regular training sessions on case management and technology can equip judges and court personnel to meet evolving demands, reducing inefficiencies in the system.
CONCLUSION:
Addressing the issues of adjournments and case pendency requires a multifaceted approach that includes filling judicial vacancies, leveraging technology, and implementing effective reforms. By prioritizing these strategies, the judicial system can enhance efficiency and ensure timely justice for all citizens.
SUPREME COURT RULING ON CHILD MARRIAGE: THE SIGNIFICANCE OF MOVING BEYOND MERE PUNISHMENT.
TOPIC: (GS2) POLITY: THE HINDU
In the recent ruling of Society for Enlightenment and Voluntary Action v. Union of India, the Supreme Court has shifted the emphasis in child marriage cases from penalizing criminal behaviour to addressing the “harm inflicted on the victim.”
What is the law on Child Marriage?
- Prohibition of Child Marriage Act, 2006 (PCMA): This act defines child marriage as one in which the husband is below 21 years old or the wife is under 18 years old.
- Voidable Marriages: Child marriages are considered voidable, meaning the underage individual has the option to annul the marriage, but until they do, the marriage is legally recognized.
- State Variations: In states like Karnataka and Haryana, child marriages are deemed void from the outset, eliminating the need for annulment.
- Annulment vs. Divorce: An annulment treats the marriage as if it never happened, while divorce ends an existing marriage. Under the PCMA, a marriage can be annulled simply by demonstrating that one party was underage at the time of marriage.
Why are there concerns about using criminal action to tackle child marriage?
- Legal Validity and Criminalization: Although the marriage remains valid until annulled, activities associated with child marriage are criminalized under the PCMA, as well as the Bharatiya Nagarik Suraksha Act (BNS) and the Protection of Children from Sexual Offences (POCSO) Act. This includes promoting child marriages and engaging in sexual activities with minors.
- Impact on Families: The criminal provisions can result in charges against the girl’s family members (including parents, husbands, and in-laws), which can isolate the girl and hinder her access to necessary sexual and reproductive healthcare.
- Disparities in Enforcement: Studies indicate that criminal provisions are more frequently applied in self-initiated marriages rather than in arranged marriages, often failing to consider the complexities involved in these situations.
- Agency in Marriage Decisions: Some adolescents may opt for marriage as a means to escape abusive situations or forced unions, viewing it as a way to assert control in a restrictive environment.
Why is the SC judgment significant?
- Addressing Social and Economic Barriers: Women who exit child marriages often face serious social and economic repercussions. The Supreme Court’s ruling advocates for skill development, vocational training, economic support programs, rehabilitation services, and victim compensation to aid these individuals.
- Supporting Empowerment: The judgment recognizes that some women may choose to remain in their marriages but need assistance in asserting their rights. It encourages resources to empower them in making informed choices about reproductive health, employment, and education.
- Importance of Sex Education: The ruling highlights the necessity of sex education, equipping adolescents with the knowledge and skills to navigate relationships and enhance their agency.
- Comprehensive Approach: By transitioning from a purely punitive approach to one that emphasizes empowerment and support, the Supreme Court’s judgment presents a more holistic, agency-enhancing response to the issue of child marriage.
- Encouraging Community Involvement: The judgment also calls for community engagement and involvement in addressing child marriage, recognizing the role of local leaders and organizations in promoting awareness and support systems.
Way Forward:
- Strengthening Support Systems: It is essential to develop targeted initiatives for skill development, financial aid, and rehabilitation services that assist individuals in leaving child marriages, thereby promoting economic stability and social reintegration.
- Enhancing Education and Awareness: Comprehensive sex education and community awareness campaigns should be implemented to empower young people and deter child marriage by promoting informed decision-making and better access to reproductive rights.
- Legislative Revisions: Reviewing and amending existing laws to ensure they align with the focus on victim support rather than punishment could lead to more effective outcomes in combatting child marriage.
Conclusion:
The Supreme Court’s judgment represents a pivotal shift towards a more supportive and empowering framework for addressing child marriage. By prioritizing victim welfare and education, we can foster a society that protects young individuals and promotes their rights.
THE CSE REPORT HIGHLIGHTS THAT THE MISUSE OF EPR LEGISLATION IS EXACERBATING INDIA’S PLASTIC WASTE CRISIS.
TOPIC: (GS3) ENVIRONMENT: THE HINDU
The Indian government’s 2022 “Extended Producer Responsibility” (EPR) guidelines represent a step forward in managing plastic waste. However, a recent report from the Centre for Science and Environment (CSE) emphasizes the need for stronger measures to effectively implement the “polluter pays” principle.
What is the CSE Report?
- The Centre for Science and Environment (CSE) is a prominent think tank in Delhi focused on environmental research and advocacy.
- CSE reports provide in-depth analyses of critical environmental issues, supported by data and policy recommendations.
What is Extended Producer Responsibility (EPR)?
- Extended Producer Responsibility (EPR) is a policy where producers are financially and sometimes operationally responsible for the disposal of their post-consumer products.
- The aim is to hold manufacturers accountable for the environmental impact of their products throughout their entire lifecycle, including collection, recycling, and disposal.
Extent of EPR Certificate Misuse in India’s Plastic Recycling Industry
- Fake Certificates: CSE and the Central Pollution Control Board (CPCB) found that over 700,000 fraudulent recycling certificates have been issued, indicating significant fraud in the plastic recycling sector.
- Certificate Inflation: Some recyclers claimed to handle far more waste than their registered capacities allow. For instance, cement plants reported processing 335.4 million tonnes of plastic annually, despite a maximum capacity of only 11.4 million tonnes.
- Undermined Trust: Such fraudulent practices lead to artificially low prices for recycling certificates, eroding the credibility of the EPR system and making it challenging to manage plastic waste accurately.
Impact on Environmental Compliance and Plastic Waste Management
- Underreported Waste Generation: Producers of plastic packaging introduced 23.9 million tonnes in April 2022, leading to an estimated annual waste of about 8 million tonnes. However, CPCB estimates only 4.1 million tonnes, indicating substantial underreporting.
- Limited Stakeholder Participation: Key players like urban local bodies and informal waste collectors are often excluded from the EPR system, diminishing traceability and shifting the waste management burden onto local governments.
- Compromised Recycling Integrity: The prevalence of low-cost fraudulent certificates weakens genuine recycling efforts, leading to underfunding and inadequate regulation that obstructs sustainable plastic waste management and the enforcement of the “polluter pays” principle.
Measures to Improve Oversight and Accountability within the EPR Framework
- Inclusion of the Informal Sector: Formalizing the roles of informal waste collectors and urban local bodies can enhance waste collection, segregation, and recycling, leading to a more transparent value chain.
- Combating Fraud: Improving auditing and certification processes to identify fraudulent activities, along with implementing stricter penalties, would help deter misuse.
- Transparent Reporting: Upgrading the EPR portal for accurate data collection on plastic waste generation and disposal, and ensuring fair pricing for recycling certificates can prevent undervaluation.
- Standardizing Products: Establishing uniform standards for plastic packaging can enhance recyclability, reduce contamination, and make recycling more effective.
- Enhanced Monitoring and Accountability: Strengthening the monitoring capabilities of the CPCB and State Pollution Control Boards (SPCBs) ensures consistent enforcement of guidelines at both state and central levels.
Conclusion
To effectively manage plastic waste, it is crucial to address the misuse of EPR certificates and enhance accountability within the recycling industry. By implementing comprehensive measures and fostering stakeholder collaboration, India can strengthen its commitment to sustainable waste management practices.
MOUNT FUJI
TOPIC: (GS3) ENVIRONMENT: INDIAN EXPRESS
Mount Fuji, Japan’s iconic peak, has recently recorded the longest delay in snowfall since record-keeping began in 1894.
Reasons for Delay in Snowfall at Mount Fuji:
- Higher Temperatures: This summer was Japan’s hottest on record, followed by above-average temperatures in October, hindering snow formation.
- Heatwave: Japan faced numerous extremely hot days, with temperatures exceeding 35°C, even into September.
- Jet Stream Shift: A northerly shift in the sub-tropical jet stream brought warmer air over Japan, contributing to the delay in snowfall.
About Mount Fuji:
- Location: Situated on Honshu Island, approximately 100 kilometers (62 miles) southwest of Tokyo.
- Height: Stands at 3,776 meters (12,389 feet), making it Japan’s tallest mountain.
- Type of Volcano: A stratovolcano characterized by a conical shape formed from layers of lava flow, ash, and tephra.
- Eruptions: The last major eruption occurred in 1707 (Hoei eruption), which deposited ash over Edo (now Tokyo).
- Geological Formation: Formed from volcanic activity over thousands of years; its current shape was solidified around 300,000 years ago.
- Climate: Experiences varied climates; the summit is capped with snow from November to May.
- Surrounding Area: Part of the Fuji-Hakone-Izu National Park, surrounded by five lakes: Lake Kawaguchi, Lake Yamanaka, Lake Sai, Lake Shoji, and Lake Motosu.
- Cultural Significance:
- Recognized as a national symbol of Japan.
- Considered sacred in Shintoism and associated with the deity Konohanasakuya-hime.
- Known as one of Japan’s Three Holy Mountains.
- Art and Literature: Frequently depicted in traditional Japanese art, notably in Hokusai’s “Thirty-Six Views of Mount Fuji,” and referenced in poetry and literature.
- UNESCO World Heritage Site: Designated as a UNESCO World Heritage Site in 2013 due to its cultural importance and scenic beauty.
- Cultural Festivals: Hosts several festivals, such as the Fuji Shiba-sakura Festival, which celebrates local flora.
Conclusion:
Mount Fuji’s delayed snowfall highlights the impacts of climate change and extreme weather on natural phenomena. Its cultural and environmental significance emphasizes the need for awareness and conservation efforts.
VELU NACHIYAR AND ANJALAI AMMAL
TOPIC: (GS1) INDIAN HISTORY: THE HINDU
Why in the News?
Superstar Thalapathy Vijay recently launched his new political party, citing Rani Velu Nachiyar and Anjalai Ammal as his inspirations.
Contributions of Velu Nachiyar (1730-1796)
- Birth and Background: Born in 1730 to King Chellamuthu Sethupathy and Queen Sakandhimuthal of the Ramnad kingdom (present-day Tamil Nadu).
- Training and Education:
- Skilled in horse riding, archery, kalaripayattu, and silambam (South Indian martial arts).
- Fluent in multiple languages: Tamil, Urdu, English, and French, with expertise in military strategy.
- Marriage and Early Life: Married Muthu Vaduganatha Periyavudaya Thevar in 1746, serving as the Queen of Sivagangai.
- Conflict with the British:
- In 1772, British East India Company forces, allied with the Nawab of Arcot, invaded Sivagangai; her husband was killed in battle.
- Fled to Dindigul with her daughter, seeking protection from Hyder Ali of Mysore.
- Reclaiming Her Kingdom: Formed alliances with Hyder Ali and the Marudu brothers, successfully reclaiming Sivagangai in 1780.
- Rule and Legacy: Ruled for a decade before passing the throne to her daughter in 1790.
- Recognition: Celebrated as Tamil Nadu’s ‘Veeramangai’ (Brave Lady) and recognized as an early Indian queen who resisted British colonialism.
Significant Role of Anjalai Ammal (1890-1961)
- Birth and Early Life: Born in 1890 in Cuddalore, Tamil Nadu, into a weaver family.
- Marriage and Activism: Married Murugappan in 1908; both were inspired by Mahatma Gandhi to join the freedom struggle.
- Political Involvement: Active in the Non-Cooperation Movement starting in 1921.
- Key Contributions:
- Participated in the Neil Statue Satyagraha against a statue of Colonel James Neil.
- Engaged in the Salt Satyagraha in 1930 and the Quit India Movement in 1942.
- Leadership Roles: Served as President of the All-India Women’s Congress in Madras in 1931.
- Imprisonment: Arrested multiple times for her activism; gave birth to her youngest son during a six-month prison sentence.
- Meeting with Gandhi: Prevented from meeting Gandhi in 1934; she eventually met him in disguise, earning the title “South India’s Rani of Jhansi.”
- Political Milestone: Became the first woman elected to the Madras legislature as a Congress representative.
- Legacy: Remained politically active until her death in 1961, remembered as a pioneer for women’s rights and freedom.
Conclusion
Velu Nachiyar and Anjalai Ammal played crucial roles in India’s struggle against colonialism, symbolizing bravery and resilience. Their legacies continue to inspire future generations in the fight for justice and equality.
RECOGNIZING THE ECONOMIC VALUE OF UNPAID WORK IN INDIA
TOPIC: (GS3) ECONOMY: THE HINDU
Unpaid work, especially that done by women in India, significantly contributes to the economy yet remains largely unrecognized.
Findings
- The monetary value of unpaid household work was estimated at ₹49.5 lakh crore (GOC) and ₹65.1 lakh crore (RCM) for 2019–20, accounting for 24.6% and 32.4% of nominal GDP, respectively.
- During the COVID-19 pandemic, the contributions of unpaid work rose significantly, with women’s contributions reaching 26.2% of GDP in 2020-21.
- After the pandemic, the overall contribution of unpaid work to GDP decreased, indicating a shift back to other economic activities.
The Invisibility of Unpaid Work
- Women’s contributions through unpaid care work, parenting, and domestic responsibilities are often overlooked.
- Although the System of National Accounts has included household production in Gross Domestic Product (GDP) since 1993, unpaid care work is not counted.
- The infrequent implementation of Time Use Surveys makes it difficult to accurately measure this labour.
The Importance of Valuing Unpaid Work
- Authors Satyananda Sahoo, Kaustav K. Sarkar, and Amit Kumar highlight the economic significance of unpaid household work in India.
- Data show that women not in the labour force spend over 7 hours daily on unpaid domestic tasks, while employed women spend about 5.8 hours.
- In contrast, unemployed men spend less than 4 hours, and employed men contribute only 2.7 hours to household work.
- This disparity emphasizes the heavy burden of unpaid labour that falls on women.
Economic Impact in India
- In India, unpaid work is valued at around ₹22.7 lakh crore, which is about 7.5% of the GDP.
- Women dedicate approximately 36 hours a week to unpaid tasks, compared to 16 hours for men, highlighting gender disparities in household responsibilities.
- Studies suggest that if women’s participation in the labor force increases, India’s GDP could potentially rise by 27%.
Methodology of the Study
- The study utilized data from the Consumer Pyramids Household Survey (CPHS) conducted by the Centre for Monitoring Indian Economy (CMIE), covering individuals aged 15 and above from September 2019 to March 2023.
- The authors employed two methods to estimate the economic value of unpaid work: Opportunity Cost (GOC) and Replacement Cost (RCM).
Global Context
- Globally, there is an increasing recognition of unpaid work’s economic value, particularly emphasized in the United Nations Sustainable Development Goals (SDGs), especially Goal 5, which focuses on gender equality.
- APEC (2022) estimates that unpaid work contributes about 9% to the GDP of its member economies, amounting to approximately $11 trillion globally.
Methods of Valuation
- Opportunity Cost Method: This approach estimates the value of unpaid work based on the potential earnings foregone by individuals while engaged in these activities.
- Replacement Cost Method: This values unpaid tasks by considering what it would cost to hire someone to perform those tasks in the market.
Conclusion
Recognizing the economic value of unpaid work is crucial for developing policies that promote gender equity and redistribute care responsibilities. By valuing women’s contributions to the economy, we can enhance their participation in the labour force, ultimately benefiting the nation’s productivity and growth.
REPATRIATION OF INDIAN NATIONALS FROM THE U.S.
TOPIC: (GS2) INDIAN POLITY: THE HINDU
In recent developments, the United States has repatriated 1,100 Indian nationals for attempting to enter the country illegally. This action, taken by the U.S. Department of Homeland Security (DHS), highlights a growing trend in the repatriation of Indian migrants and underscores the consequences of illegal immigration.
Increase in Repatriations
- Rising Numbers: A senior DHS official, reported that there has been a steady rise in the number of Indians being sent back over the past few years.
- Fiscal Year 2024 Data: During the fiscal year 2024, which concluded in September, more than 1,100 Indian citizens were repatriated.
- Recent Flight: On October 22, 2024, a charter flight was organized specifically to return individuals who lacked legal grounds to stay in the U.S.
Purpose of Repatriation
- Deterrence of Irregular Migration: The repatriation is part of the U.S. government’s strategy to curb illegal immigration. The DHS aims to enforce U.S. immigration laws strictly.
- Consequences for Illegal Entry: Individuals attempting to enter the U.S. unlawfully face serious repercussions, including deportation and potential long-term bans on re-entry.
Details of the Operation
- Flight Destination: The repatriation flight landed in Punjab, India, though specific details regarding other states supplying illegal migrants were not disclosed.
- Entry Points: Many Indian nationals attempt to enter the U.S. through the U.S.-Mexico and U.S.-Canada borders. Individuals with visas who overstay their allowed time may also be subject to deportation.
Collaboration with India
- Partnership with India: The U.S. regards the Indian government as a significant ally in addressing migration issues. Murray warned about human smuggling operations that seek to exploit vulnerable individuals attempting to migrate to the U.S.
- Legal Implications: Those caught crossing the border illegally may face a minimum five-year bar from re-entering the U.S., and repeat offenders could face criminal charges.
REPATRIATION
Repatriation refers to the process of returning a person to their home country, particularly in the context of citizens or nationals who have been deported or have fled to another country. This can involve individuals who have entered a country illegally, overstayed their visas, or are considered undesirable due to legal issues.
Repatriation in the Indian Context
In India, repatriation can occur for various reasons, including illegal immigration, foreign nationals overstaying their visas, or those seeking asylum or refugee status. Here’s an overview of the rules and procedures related to repatriation in India:
Legal Framework
- Foreigners Act, 1946: This is the primary legislation governing the entry, stay, and departure of foreign nationals in India. It allows for the deportation of foreigners who violate visa conditions.
- Immigration Act: This act sets rules for immigration and the powers of authorities to repatriate individuals who do not meet immigration requirements.
Repatriation Procedures
- Identification: Authorities identify illegal immigrants through various means, including raids and surveillance.
- Legal Hearings: Detained individuals may have legal hearings to contest their deportation. If unsuccessful, they may be repatriated.
- Coordination with Countries: The Ministry of External Affairs coordinates with the embassies of the repatriated individuals to ensure smooth processes.
- Use of Charter Flights: In cases involving large numbers of individuals, governments may use charter flights for repatriation.
Rights of Repatriated Individuals
- Repatriated individuals have the right to legal representation.
- They are entitled to consular assistance from their home country.
Challenges in Repatriation
- Diplomatic Relations: Repatriation processes can be complicated by diplomatic relations between India and the individual’s home country.
- Human Rights Concerns: There are concerns about the treatment of repatriated individuals, particularly if they face persecution in their home countries.
- Human Smuggling: The Indian government is wary of human trafficking and smuggling networks that exploit individuals seeking to migrate.
Conclusion
The recent repatriation of 1,100 Indians underscores the serious nature of illegal immigration and the strict measures being enforced by the U.S. The collaboration between the U.S. and Indian governments is crucial in addressing these migration challenges, and it serves as a warning to those considering illegal entry into the U.S.
GLOBAL TB REPORT 2023
TOPIC: (GS3) HEALTH: THE HINDU
The World Health Organization (WHO) released the Global TB Report 2023. India has made progress in tuberculosis (TB) diagnosis and treatment but faces challenges in meeting its 2025 elimination target.
Global TB Situation:
- New Cases: In 2023, approximately 8.2 million people were newly diagnosed with TB, making it the leading infectious killer globally.
- India’s Burden: India reported about 2.8 million estimated TB cases, constituting 26% of global cases and 29% of TB-related deaths (totaling 315,000 deaths).
Progress and Challenges in India:
- Reduction in Cases and Deaths: India has decreased TB cases by 18% and deaths by 24% since 2015. However, these reductions fall short of the 2025 targets, which aim for a 50% reduction in cases and a 75% reduction in deaths.
- Improved Diagnostics: The number of reported TB cases increased to 2.51 million in 2023, indicating better diagnostic coverage. Approximately 85% of diagnosed patients received treatment.
Multi-Drug-Resistant TB (MDR-TB):
- India is responsible for 27% of global MDR-TB cases, emphasizing the urgent need for effective treatment strategies.
Funding and Economic Impact:
- Funding Decline: TB funding in India decreased from $432.6 million in 2019 to $302.8 million in 2023, with domestic funding dropping to $253 million.
- Catastrophic Costs: For the first time, the report indicates that many households are experiencing catastrophic health expenditures, spending over 20% of their income on TB-related healthcare.
Conclusion:
India’s significant TB burden requires increased funding and targeted healthcare strategies to meet the ambitious goals for TB elimination by 2025.