13 December 2023 CNA
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TABLE OF CONTENTS
A. GS 1 Related GEOGRAPHY 1. India’s extreme rainfall ‘corridor’ B. GS 2 Related C. GS 3 Related ECONOMY 1. Understanding the debates around anarcho-capitalism D. GS 4 Related E. Editorials INTERNAL SECURITY 1. An anti-terror law and its interference with liberty ECONOMY 1. Patent exclusions — Madras High Court shows the way F. Prelims Facts 1. 74% Indians could not afford healthy diet in 2021: report G. Tidbits 1. Rajya Sabha passes Bill for appointment of CEC, ECs 2. Lok Sabha passes Bills for women’s quota in J&K, Puducherry H. UPSC Prelims Practice Questions I. UPSC Mains Practice Questions
A. GS 1 Related
1. India’s extreme rainfall ‘corridor’
Syllabus: Salient features of World’s Physical Geography, Important Geophysical Phenomena such as earthquakes, Tsunami, Volcanic activity, cyclone etc., Geographical features and their location-changes in critical geographical features (including Water-bodies and Ice-caps) and in flora and fauna and the effects of such changes.
Mains: Indian Monsoon
Context:
The Indian monsoon, affected by global warming, reveals a surprising stability—a ‘highway’ of synchronised extreme rainfall events stretching from West Bengal to Gujarat, persisting since 1901.
Introduction
- The Indian monsoon, a complex climatic phenomenon, has experienced changes due to global warming, impacting various aspects like onset, withdrawal, and precipitation patterns.
- A recent study, part of which is presented here, sheds light on the stability of a corridor witnessing synchronised extreme rainfall events from West Bengal to Gujarat and Rajasthan, challenging assumptions about the loss of stationary elements in climate systems.
Impact of Global Warming on Indian Monsoon
- Over seven decades, total seasonal rainfall has exhibited a downward trend, attributed to global warming’s differential heating of land and ocean.
- Changes in the monsoon season include longer dry spells, intensified wet spells, and unpredictable heavy rain events, challenging forecasting efforts.
Identifying the Synchronised Extreme Rainfall ‘Highway’
- A recent study discovered a remarkable stationary element in the monsoon dynamics—a ‘highway’ hosting synchronised extreme rainfall events. This corridor stretches from parts of West Bengal and Odisha to parts of Gujarat and Rajasthan.
- The most significant revelation is that this corridor has remained unchanged from 1901 to 2019, providing hope for potential improvements in process understanding and better predictions.
Network Analysis and Stability
- Traditional statistical methods often miss the complex relations between multiple nodes of rainfall centres.Â
- Sophisticated network analysis, using IMD’s rich rainfall data, revealed active nodes following the ‘highway’ for more than a century.
- The lengths between nodes, indicating the scales of synchronicity, have remained nearly constant, emphasising the stability of this phenomenon.
Forecasting Implications
- The findings challenge the notion that stationary elements no longer exist in climate systems due to global warming. The monsoon’s ability to synchronise heavy rain events and adhere to the ‘highway’ suggests a unique stability.
- The geographic trapping of synchronised extreme rainfall is likely linked to the mountain ranges along the west coast and across Central India. This hypothesis, when tested in models, could enhance forecast accuracy without necessitating increased model resolution and computational costs.
- The potential to reduce risks associated with large-scale extreme rainfall events, affecting agriculture, water, energy, transportation, and health, is significant. India, with robust modelling capacity and computational resources, is well-positioned to exploit this potential for improved forecasts and risk reduction.
NutGraf: Amidst the dynamic changes in the Indian monsoon due to global warming, a recent study uncovers a consistent ‘highway’ hosting synchronised extreme rainfall events, offering potential improvements in understanding and forecasting.
B. GS 2 Related
Nothing here for today!!!
C. GS 3 Related
1. Understanding the debates around anarcho-capitalism
Syllabus: Indian Economy and issues relating to planning, mobilisation of resources, growth, development and employment. Government Budgeting. Inclusive growth and associated issues/challenges.
Mains: Anarcho-capitalism and its impact on economic policies.
Context:
Anarcho-capitalism, championed by figures like Murray Rothbard, promotes the privatisation of law and order in a free market, challenging state-run systems. Javier Milei’s recent popularity adds contemporary relevance.
Introduction
- Anarcho-capitalism is a political philosophy advocating for the abolition of the state, entrusting law and order to private companies within a free market.
- Coined by libertarian economist Murray Rothbard, anarcho-capitalism has gained attention, with recent notable figures such as Javier Milei in Argentina identifying as anarcho-capitalists.
Philosophy and Functionality
- Traditionally, free market proponents supported private provision for most services, leaving policing and courts to the state.
- Anarcho-capitalists argue that private companies, driven by market competition, can offer policing and legal services more efficiently and at a higher quality.
- In an anarcho-capitalist society, individuals would pay private entities for protection and dispute resolution, fostering accountability through customer satisfaction.
Contrast with State-Run Systems
- Anarcho-capitalists criticise the state’s monopoly on policing and legal services, highlighting inefficiencies, lack of accountability, and suboptimal quality.
- State-funded services, like police and courts, often lack accountability to citizens as taxes are mandatory, irrespective of service quality.
- Competition in an anarcho-capitalist system, proponents argue, would enhance service quality and lower costs through customer-driven choices.
Critics and Concerns
- Critics argue that having multiple private firms providing these services within a single region might lead to conflicts and chaos.
- Concerns are raised about favouritism towards the rich, who may influence private police and courts with financial power, leaving the poor without justice.
Response to Criticisms
- Anarcho-capitalists argue that cooperation among competing firms would prevent conflicts. Refusal to cooperate would lead to a loss of business.
- Critics’ claims of favouritism are countered by asserting that private firms primarily depend on revenue from the larger society, making it impractical to favour only the rich.
- Anarcho-capitalists contend that an open market would encourage firms to cater to the demands of the broader population, including the poor.
Notable Figures
- Anarcho-capitalist ideology is associated with contemporary figures like David Friedman, Edward Stringham, and Michael Huemer.
NutGraf: Anarcho-capitalism advocates abolishing the state, and entrusting law and order to private firms. Critics fear chaos and favouritism, while proponents believe market dynamics ensure efficient, customer-driven services.
D. GS 4 Related
Nothing here for today!!!
E. Editorials
1. An anti-terror law and its interference with liberty
Syllabus: Challenges to Internal Security through Communication Networks
Mains: UAPA & debate of Liberty vs State Security
Context: In Fahad Shah’s case, the Jammu and Kashmir High Court scrutinized the broad interpretation of the UAPA, expressing concerns over its impact on personal freedoms.
About UAPA:
- Purpose: UAPA (Unlawful Activities (Prevention) Act) stands as India’s primary anti-terrorism statute.
- Scope: Empowers wide-ranging intervention based on vaguely defined terrorism-related offences.
- Procedural Impact: Imposes limitations on bail under Section 43-D(5) if accusations seem ‘prime facie true.’
Misuse of UAPA:
- Overreach in Application: Instances documented where UAPA was used in cases disconnected from actual violence.
- Vagueness in Offenses: Allows interpretation to encompass innocent actions as preparatory or conspiratorial to terrorism.
- Case Example – Fahad Shah: Arrested under UAPA despite tenuous links to alleged offences.
- Judicial Observations: High Court questions the use of UAPA in cases lacking a clear terror threat.
Balancing Liberty and State Security:
- Interpretation of Charges: Examination of charges, like defamation as a terror act, scrutinized by the High Court.
- Critical Legal Argument: The state’s attempt to link non-violent actions to terrorism is seen as overstepping legal boundaries.
- Bail and Detention: The High Court highlights the need for a nuanced approach in differentiating between varying levels of threat in UAPA cases.
- Principle of ‘Clear and Present Danger’: Emphasizes the necessity for solid evidence before arresting or detaining individuals under UAPA.
Way Forward:
- Legal Evolution: Courts must evolve to hold the state accountable for wrongful arrests and detentions.
- Compensation and Redress: Lack of provision for compensation or accountability highlighted in Fahad Shah’s case.
- Empowering Accountability: Emphasizes the need for questioning state actions and holding them accountable for securing personal liberties.
- Constitutional Mandate: Reminder to uphold constitutional principles by scrutinizing state actions.
Nut Graf: The Fahad Shah case highlights the contentious use of India’s anti-terror law, the UAPA. While the law’s vague scope allows for wide interpretation, the Jammu and Kashmir High Court’s recent judgment scrutinizes its application. This case illuminates the fine balance between personal liberties and state security, prompting calls for increased accountability and a nuanced approach to law enforcement under UAPA.
1. Patent exclusions — Madras High Court shows the way
Syllabus: Issues relating to Intellectual Property Rights
Mains: Pharmaceutical Patents in India and their impact on ease of doing Business and Public Welfare
Context: The Madras High Court recently delivered key judgments on pharmaceutical patents in India, focusing on the interpretation of exclusionary clauses in the Patents Act, 1970, to guide innovation and accessibility.
Pharmaceutical Patents in India:
- Pharmaceutical patents in India bear significant implications for both medicine accessibility and innovation within the industry.Â
- The Patents Act of 1970, particularly Section 3, establishes exclusions that define what can and cannot be patented.Â
- However, beyond the well-defined exclusion regarding enhanced therapeutic efficacy outlined in Section 3(d), there remains a dearth of precise interpretations for other exclusionary clauses.
The outcome of Judgment ‘Novozymes vs Assistant Controller of Patents and Designs’:
- Section 3(e) exclusion: compositions amounting to mere aggregation of components.
- Ruling: Known aggregates aren’t excluded; if individual components meet patent criteria, inclusion in a composition doesn’t invalidate patent eligibility.
- Emphasis on producing evidence showcasing synergistic properties of multi-ingredient compositions.
- Rejection is justified due to failure to prove the invention as more than a sum of its parts.
Outcome of Judgment ‘Hong Kong and Shanghai University versus Assistant Controller of Patents’:
- Section 3(i) exclusion: processes for treatment of human/animal diseases.
- Court’s clarification: Exclusion is not limited to in vivo/invasive diagnoses nor encompasses all diagnostic processes.
- Proposed standard: Evaluating claims and complete specifications to discern disease-diagnosing processes.
- Example: Non-invasive prenatal disease test—If it can’t uncover foetal pathology, not a diagnostic test and is not excluded by Section 3(i).
What are Bright-Line Rules?
- Bright-line rules refer to clear and specific standards or guidelines that establish easily understandable and unambiguous criteria for decision-making in legal or regulatory contexts.Â
- These rules are precise, leaving little room for interpretation or discretion.Â
- They aim to simplify complex issues by providing explicit boundaries or criteria, offering certainty and consistency in decision-making processes.Â
- Bright-line rules are often used in various fields, including law, finance, and regulations, to streamline decision-making and ensure uniformity in applying specific standards or principles.
Need for Bright-Line Rules:
- High R&D costs in pharmaceuticals demand clarity in patent protection boundaries.
- Bright-line rules offer consistency, certainty, and ease in decision-making for the Indian Patent Office.
- Simplification reduces administrative burden and aids inventors and opposing groups in understanding legal boundaries.
- Potential issues are countered by existing safeguards within patent laws, especially in pharmaceuticals.
- Judiciary’s role in addressing legislative gaps for public health interests and balancing competing interests in pharmaceutical patents.
- Opportunity for Indian courts to shape patent law jurisprudence considering socio-economic conditions and far-reaching consequences of their decisions.
Nut Graf: In the realm of pharmaceutical patents in India, the recent judgments from the Madras High Court emphasize the need for clear interpretations of exclusionary clauses in the Patents Act, 1970. Addressing gaps beyond the well-known Section 3(d), the rulings highlight the significance of establishing bright-line rules to provide clarity and consistency in the complex landscape of patent eligibility, fostering innovation and accessibility to essential medicines.
F. Prelims Facts
1. 74% Indians could not afford healthy diet in 2021: report
Syllabus: GS 2- Social Issues
Prelims: About Regional Overview of Food Security and Nutrition 2023
Introduction
- The Food and Agriculture Organization (FAO) of the United Nations released a report indicating that over 74% of Indians could not afford a healthy diet in 2021, a slight improvement from 2020 when the percentage was 76.2.
- The report, titled “Regional Overview of Food Security and Nutrition 2023: Statistics and Trends,” highlights the impact of rising food costs on the population’s ability to access a nutritious diet.
Regional Context
- In comparison, in Pakistan, 82.2% of the population faced difficulties in affording healthy food, while in Bangladesh, the figure was 66.1%.
- The report noted that if the increase in food costs is not accompanied by rising incomes, more people will struggle to afford a healthy diet.
Global Targets and Sustainable Development Goals
- The FAO report serves as an assessment of progress in meeting Sustainable Development Goals and World Health Assembly global nutrition targets.
- The report indicates that the Asia-Pacific region, even after confronting the “5Fs” crisis (food, feed, fuel, fertiliser, and finance) amid the pandemic, still contends with issues of undernourishment and food insecurity.
Key Statistics and Challenges in India
- The report notes that 16.6% of India’s population is undernourished, leading to broader economic and social costs.
- Child malnutrition remains a significant concern, with 31.7% of children in India under the age of five experiencing stunted growth.
Child Nutrition Indicators
- India records the highest rate of wasting (low weight for height) in the region, with 18.7% of children under five facing this health issue.
- Other concerns include 2.8% of children below five being overweight, 53% of women aged 15 to 49 experiencing anaemia, and 1.6% of adults in the country being obese.
Breastfeeding and Low Birth Weight
- India demonstrates improvement in exclusive breastfeeding, with a prevalence of 63.7%, higher than the global prevalence.
- However, India also has the highest prevalence of low birth weight in the region (27.4%).
G. Tidbits
1. Rajya Sabha passes Bill for appointment of CEC, ECs
- The Rajya Sabha passed the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Bill, which outlines the appointment process for the Chief Election Commissioner (CEC) and Election Commissioners (ECs) in the future.
- The Union Law Minister denied charges that the Supreme Court was being kept away from the process of selecting the CEC and the ECs, stating that the Bill had been prepared following a direction from the Supreme Court.
- The 1991 Act did not have a clause related to the appointment of the CEC and ECs, and the Bill aimed to make the process transparent.
- A search-and-selection committee will be responsible for the appointments, replacing the government’s previous role in deciding names.
- The Bill also introduced a clause related to protection from the initiation of legal proceedings against the CEC and ECs for actions taken while carrying out their duties.
- Two amendments were made, bringing the protocol of the CEC and ECs on par with Supreme Court judges, with similar salaries and emoluments.
2. Lok Sabha passes Bills for women’s quota in J&K, Puducherry
- The Lok Sabha passed two bills to extend the provisions of the Constitution (106th Amendment) Act, which grants 33% reservation to women in the Lok Sabha and State Assemblies, to the Union Territories of Puducherry and Jammu and Kashmir.
- The Bills introduced in the Lok Sabha include the Jammu and Kashmir Reorganisation (Second Amendment) Bill and the Government of Union Territories (Amendment) Bill.
H. UPSC Prelims Practice Questions
Q1. Consider the following statements:
- Section 3(d) of the Patents Act of 1970, prohibits evergreening of patents.
- The term of every patent in India is 20 years from the date of filing the patent application.
- The Patents (Amendment) Act 2005 extended product patent protection to products in sectors of drugs, foods and chemicals.
How many of the statements given above are incorrect?
- Only one
- Only two
- All three
- None
CHECK ANSWERS:-
Answer: d
Explanation: All three statements are correct.
Q2. Consider the following statements regarding the Unlawful Activities (Prevention) Act (UAPA) 1967:
- The act allows the government to designate individuals as terrorists.
- Section 43D(2) of the Unlawful Activities (Prevention) Act (UAPA), 1967, extends the maximum period of detention of an accused to 180 days.
- Under UAPA, only Indian nationals can be charged.
How many of the statements given above are correct?
- Only one
- Only two
- All three
- None
CHECK ANSWERS:-
Answer: b
Explanation: Under UAPA, both Indian and foreign nationals can be charged.
Q3. Which of the following factors will inhibit the onset and intensification of monsoon in India?
- Withdrawal of Subtropical jet streamÂ
- Formation of Tropical Easterly Jet Stream
- Positive Indian Ocean Dipole
- Negative Indian Ocean Dipole
CHECK ANSWERS:-
Answer: d
Explanation: Negative Indian Ocean Dipole hinders the monsoon’s progress over India.
Q4. The term ‘Anarcho-Capitalism’, recently seen in the news refers to which of the following options?
- Individuals owning resources
- State owning of resources
- Control of law and order by private companies
- Control of law and order by the community
CHECK ANSWERS:-
Answer: c
Explanation: Anarcho-capitalism is a political philosophy that calls for the abolition of the state and for law and order to be controlled by private companies.
Q5. Consider the following statements:
- The Total Fertility Rate (TFR), has declined from 2.2 to 2.0 at the national level between NFHS-4 & 5.
- The WHA global nutrition target aims to achieve a 40% reduction in the number of children under 5 who are stunted
Which of the statements given above is/are correct?
- 1 only
- 2 only
- Both 1 and 2
- Neither 1 nor 2
CHECK ANSWERS:-
Answer: c
Explanation: Both statements are correct
I. UPSC Mains Practice Questions
- UAPA has been continuously in the headlines from the time of its inception. Discuss the concerns and necessity of such an Act. GS III -Internal security (250 words, 15 marks)
- India’s patent regime faces continuous criticism from the developed world, especially the US. Identify the reasons for such criticism and the justifications given by India for our patent regime. GS III – Economy (250 words, 15 marks)
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