07 Feb 2022: UPSC Exam Comprehensive News Analysis

CNA 07 Feb 2022:- Download PDF Here

TABLE OF CONTENTS

A. GS 1 Related
B. GS 2 Related
POLITY
1. SC to weigh between ‘national security’, judicial scrutiny
C. GS 3 Related
SCIENCE AND TECHNOLOGY
1. Understanding Artificial Neural Networks
D. GS 4 Related
E. Editorials
POLITY AND GOVERNANCE
1. The interpretative answer to the hijab row
INTERNATIONAL RELATIONS
1. India’s ‘return’ to Central Asia
HEALTH
1. Weighing in on a health data retention plan
F. Prelims Facts
1. Centre to tweak no-build zone around monuments
2. An oasis in the heart of a concrete jungle
3. Satkosia making fresh attempts to become a suitable tiger habitat
G. Tidbits
1. Green bonds to have long tenure, says Centre
H. UPSC Prelims Practice Questions
I. UPSC Mains Practice Questions
FIP Magazine

E. Editorials

Category: POLITY AND GOVERNANCE

1. The interpretative answer to the hijab row

Syllabus: Government policies and interventions for development in various sectors and issues arising out of their design and implementation.

Prelims: Fundamental Rights on Freedom of Religion

Mains:  Religious practices impacting the education system in the state

Context: –

The issue of wearing a hijab to the colleges along with the uniform has sparked a debate in Karnataka over religious practices impacting the education system in the state.

  • Hijab: head covering worn in public by Muslim women.

What is the Issue?

  • The issue initially began in Udupi where six students who attended classes wearing headscarves in violation of the stipulated dress code were sent out.
  • There have also been reports of similar instances of students turning up at educational institutions with either hijab or saffron shawl.

Constitution On Freedom Of Religion
  • Article 25(1) of the Constitution guarantees the “freedom of conscience and the right freely to profess, practise and propagate religion”.
  • It is a right that guarantees that the state shall ensure that there is no interference or obstacle to exercise this freedom.
  • The state can restrict the right on grounds of  public order, morality and health and to the other provisions as enshrined in this part of the constitution.

Judicial Observations on Religious Practices So far: –

  • Fathima Tasneem v State of Kerala (2018): A single bench of the Kerala HC held that the collective rights of an institution would be given primacy over the individual rights of the petitioner.
  • Shirur Mutt Case:
    • The Supreme Court held in 1954 Shirur Mutt case that the term “religion” will cover all practices “integral” to a religion, in what came to be known as “essential religious practices”.
    • “In the first place, what constitutes the essential part of a religion is primarily to be ascertained with reference to the doctrines of that religion itself,” the Supreme Court held in the Shirur Mutt case.

“Essential Religious Practices” Test: –

  • What is the “Essential Religious Practices” Test?
    • The Supreme Court of India has tested the validity of religious practices on the basis of whether they are ‘essential to a religion’ or not.
    • This is known as the “Essential Religious Practices” Test.
  • One of the first attempts of this test was made in Madras vs Sri Lakshmindra Thirtha Swamiar of Sri Shirur Mutt case(1954).
    • In this case,the Supreme Court held that rituals and practices that were integral/essential to a religion would be covered under the ambit of the term “religion” as used in the Constitution.
    • The “essential religious practices” test appeased traditionalists by ‘assuring them that the Court would be sympathetic to their respective religious faiths.
  • Justice D.Y. Chandrachud in the Sabarimala case observed that compulsions nonetheless have led the court to don a theological mantle.
    • The enquiry has moved from deciding what is essentially religious to what is an essential religious practice.
    • Donning such a role is not an easy task when the Court is called upon to decide whether a practice does nor does not form an essential part of a religious belief.

Way Forward: –

  • Today, there is no one uniform code which is mandated throughout the State. Individual colleges do decree uniforms, but not necessarily the manner of wearing them.
  • In the absence of a statutory uniform code, a court may well ask whether a head covering mandated by some religions, when worn in addition to the uniform, violates any legal tenet.

Nut Graf
The Karnataka government has asked educational institutions to follow existing uniform-related rules. This has raised the concerns not only on individual liberty but also the religious rights of citizens, which stress on the need for uniform civil code to create unity.

Category: INTERNATIONAL RELATIONS

1. India’s ‘return’ to Central Asia

Syllabus: Effect of policies and politics of developed and developing countries on India’s interests

Mains: India’s Engagement in Central Asia and Challenges for India

Context: –

India’s participation in initiatives such as inauguration of India-Central Asia Summit, the India-Central Asia Dialogue, and the Regional Security Dialogue on Afghanistan indicate India’s renewed enthusiasm in the Central Asian region.

What are the Significant Aspects of India’s Engagement in Central Asia?

  1. Great power dynamics
  • One of the factors driving India’s Engagement in Central Asia is the great power dynamics there.
  • The decline of American presence and power in the broader region has led to a reassertion by China and Russia seeking to fill the power vacuum.
  1. Focus on Afghanistan
  • India’s engagement in Central Asia would also help it to consolidate its post-American Afghan policy.
  • S. withdrawal from Afghanistan has very limited space to engage Taliban 2.0 despite the current relationship which has forced it to devise new ways of engaging Afghanistan.
  1. Significance of Tajikistan
  • Given its location bordering Afghanistan as well as its close geographical proximity to Pakistan-occupied Kashmir, Tajikistan holds immense geopolitical significance for India.
  • The announcement of a Joint Working Group on Afghanistan during the summit between India and the Central Asian Republics (CARs) is surely indicative of such interest.
  1. Role of Russia
  • In India’s current vision for a regional security architecture, Russia appears prominent.
  • This growing India-Russia partnership also explains India’s non-critical stance on the developments in Ukraine and Kazakhstan.
  1. Economic and Energy Security
  • India has major geostrategic and economic interests in this region.
  • Central Asia can be a future source of energy for India.
  • The future prospects for cooperation between Central Asia and India in the field of energy security seem to be very important.

What are the Challenges for India?

  • India has limited economic and other stakes in the region, primarily due to lack of physical access.
  • China shares a land border with the region and is a major investor there. China is the region’s most important economic partner, a reality that worries Russia and sharpens India’s relative irrelevance in the region.
  • There are mounting security concerns in Central Asia and South Asia over rising cross-border and state sponsored terrorism; religious extremism and ethnic unrest, radiating out of Afghanistan and Pakistan.
  • Accessing the oil and gas from Central Asia remains the major difficulty. It’s prohibitive cost is the major issue of consideration.
  • Another problem that confronts India, Russia and CARs is that of drug trafficking. A lucrative drugs trade in Central Asia poses a major threat to stability in Central Asia.

Conclusion: –

Central Asia’s location, its geographical proximity to India, ancient linkages render the region highly relevant to India’s strategic interests. India has a huge goodwill in Central Asia.

Nut Graf
India’s renewed engagement of Central Asia is in the right direction in the context of new geopolitical, geo-economic interests in the region.

Category: HEALTH

1. Weighing in on a health data retention plan

Syllabus: Issues relating to development and management of Social Sector/Services relating to Health

Prelims: Health data retention plan

Mains: Critical Evaluation of Health Data Retention Policy

Context: –

The National Health Authority (NHA) has initiated a consultation process on the retention of health data by health-care providers in India.

Health Data Retention Policy Of India:

  • The National Health Authority (NHA) released a consultation paper on a proposed health data retention policy.
    • Data retention is the practice of storing and managing personal health data for a designated period.
  • The proposed policy would fall within the ambit of the Ayushman Bharat Digital Mission (‘ABDM’), formerly known as the National Health Digital Mission.
  • Objective: –
    • To ensure uniformity in record retention, as well as compliance with applicable regulations, guidelines, and laws in India.
    • To minimize risks associated with personal health data, while also maximizing the benefits from the use of the same.
  • The consultation paper specifies key considerations in formulating such a policy:
    • determining the scope of the policy.
    • defining aspects of retention, such as duration, data classification, storage and maintenance, and uses cases for health records; and
    • current practices in India and in other countries.
  • Need for such a policy:
    • Currently, service providers can compete on how they handle the data of individuals or health records.
    • Given the landscape of health-care access in India, including through informal providers, many patients may not think about this factor in practice.
  • Benefits of the Policy:
    • Individuals benefit through greater convenience and choice, created through portability of health records.
    • The broader public benefits through research and innovation, driven by the availability of more and better data to analyze.
Justice K. S. Puttaswamy Judgment:-
  • The Supreme Court of India, in Justice K. S. Puttaswamy (Retd) Vs Union of India, held that privacy of medical/health data is a fundamental right under Article 21 of the Constitution.
  • Consequently, any policy with a significant bearing on this right must meet the four tests laid by Puttaswamy, i.e. the measure must be
    • a procedure established by law aimed at a legitimate goal;
    • just, fair and reasonable;
    • proportionate to the objective sought to be achieved; and
    • have procedural guarantees to check against abuse by state or non-state actors.

What are the Issues with the Health Data Retention Policy?

  • Privacy Concerns: The privacy risks should make us very hesitant about retaining an individual’s entire health or medical record on the grounds that they might be useful for research someday. As per Indian law, if an individual’s rights are to be curtailed due to anticipated benefits, such benefits cannot be potential or speculatory.
  • Legality Concerns: The question of legality becomes a question about the legal standing and authority of the NHA. The NHA is not a sector-wide regulator, it has no legal basis for formulating guidelines for health-care providers in general.
  • Concerns with Sensitive Data: The legal systems consider health data particularly sensitive, and improper disclosure of this data can expose a person to a range of significant harms.
  • Concerns with Anonymity: Standards for anonymisation are still developing. The research community is still to arrive at consensus on what constitutes adequate anonymisation.

Way Forward

  • A clear and specific test for retaining data with rigorous processes run by suitable authorities.
  • To anonymise data that is being retained for research purposes.
  • An alternate basis for retaining data can be the express and informed consent of the individual in question.
  • Health-care service providers will have to comply with the data protection law, once it is adopted by Parliament.

Nut Graf
As the pace of digitisation proceeds in modern India, it is likely that the healthcare sector too will increasingly ‘go digital’. Pushing the implementation of digital health without adequately taking into account and planning for these requirements will cause more harm than any stated benefit of digitization.

F. Prelims Facts

1. Centre to tweak no-build zone around monuments

  • The Ancient Monuments and Archaeological Sites and Remains (AMASR) Act, 1958, was amended in 2010 to declare the 100-metre radius around Centrally protected monuments as prohibited areas and the next 300-metre radius as regulated areas.
  • Given the arbitrary limit, the Union Culture Ministry is said to be working on an amendment to the AMASR Act to rationalise the prohibited and regulated areas. It proposes to have expert monument committees to decide the site-specific prohibited area limits around a monument.

2. An oasis in the heart of a concrete jungle

  • The Basai wetlands is a 250 acre shallow wetland located close to Gurugram city.
  • It is recognized as a key biodiversity area by the International Union for Conservation of Nature (IUCN), the Wildlife Institute of India and the BirdLife International, a global network of NGOs that work to protect bird habitats.

3. Satkosia making fresh attempts to become a suitable tiger habitat

Context:

  • The Satkosia Tiger Reserve has started making efforts afresh to re-establish it as a tiger habitat.

Satkosia Tiger Reserve:

  • Satkosia Tiger Reserve is a tiger reserve located in the Angul district of Odisha.
  • The Tiger Reserve is located where the Mahanadi River passes through a long gorge in the Eastern Ghats mountains.
  • Satkosia was declared as a tiger reserve in 2007. It comprises the Satkosia Gorge Wildlife Sanctuary and the adjacent Baisipalli Wildlife Sanctuary.
  • To revive tiger population in the STR, India’s first inter-State tiger relocation programme was launched by way of import of a pair of tiger and tigress from Kanha Tiger Reserve and Bandhavgarh Tiger Reserve in 2018.

G. Tidbits

1. Green bonds to have long tenure, says Centre

  • The issuance of sovereign green bonds is going to be part of the Indian government’s overall borrowing programme.
    • These would be rupee-denominated papers having long tenure to mobilise finances for building green infrastructure. The proceeds will be deployed in public sector projects which help in reducing the carbon intensity of the economy.
  • A sovereign green bond can provide a strong signal of the country’s commitment to a low-carbon economy while also helping bring down the cost of capital for green projects.

H. UPSC Prelims Practice Questions

Q1. Which of the following articles in the Indian constitution is/are associated with 
Education?
  1. Article 21A
  2. Article 27
  3. Article 45
  4. Article 47

Options:

  1. 1 and 2 only
  2. 2, 3 and 4 only
  3. 1 and 3 only
  4. 1, 3 and 4 only
CHECK ANSWERS:-

Answer: c

Explanation:

  • Article 27- No person shall be compelled to pay any taxes, the proceeds of which are specifically appropriated in payment of expenses for the promotion or maintenance of any particular religion or religious denomination.
  • Article 47- Directs the State to raise the level of nutrition and the standard of living and to improve public health as among its primary duties and, in particular, the State shall endeavour to bring about prohibition of intoxicating drinks and drugs

Articles in the Indian constitution associated with education:

  • Article 21A: The State shall provide free and compulsory education to all children of the age of six to fourteen years in such manner as the State may, by law, determine.
  • Article 28: Freedom as to attendance at religious instruction or religious worship in certain educational institutions
  • Article 45: Provision for early childhood care and education to children below the age of six years
  • Article 46: Promotion of educational and economic interests of Scheduled Castes, Scheduled Tribes and other weaker sections. The State shall promote with special care the educational and economic interests of the weaker sections of the people, and, in particular, of the Scheduled Castes and the Scheduled Tribes, and shall protect them from social injustice and all forms of exploitation
Q2. Consider the following statements with respect to Right to Education (RTE):
  1. The 86th Constitutional Amendment (2002) inserted Article 21A in the Indian Constitution
  2. It provides free and compulsory education for children between the age of 6 to 14 years
  3. The RTE Act has provisions for a non-admitted child to be admitted to an age appropriate class.

Which of the above statements is/are correct?

  1. 1 and 2 only
  2. 2 and 3 only
  3. 1 and 3 only
  4. 1, 2 and 3
CHECK ANSWERS:-

Answer: d

Explanation:

  • The 86th Constitutional Amendment (2002) inserted Article 21A in the Indian Constitution which states that the State shall provide free and compulsory education to all children of the age of six to fourteen years in such manner as the State may, by law, determine.
  • The RTE Act has provisions for a non-admitted child to be admitted to an age appropriate class. If a child above 6 years of age has not been admitted in any school or could not complete his or her elementary education, then he or she shall be admitted in a class appropriate to his or her age. However, if a case may be where a child is directly admitted in the class appropriate to his or her age, then, in order to be at par with others, he or she shall have a right to receive special training within such time limits as may be prescribed.
Q3. With respect to African Union (AU), which of the following statements is/are correct?
  1. The AU’s secretariat, the African Union Commission is based in Abuja, Nigeria
  2. The Abuja Treaty led to the creation of the African Union

Options:

  1. 1 only
  2. 2 only
  3. Both
  4. None
CHECK ANSWERS:-

Answer: d

Explanation:

  • The African Union Commission (AUC) is the AU’s secretariat and undertakes the day to day activities of the Union. It is based in Addis Ababa, Ethiopia.
  • The AU was announced in the Sirte Declaration in Sirte, Libya in 1999, calling for the establishment of the African Union.

For more information refer to the following link:

African Union (AU)

Q4. Which of the following statements about Basai Wetland is/are correct?
  1. It located in Gurgaon district in Haryana
  2. It is recognised globally as an Important Bird Area (IBA) by the BirdLife International

Options:

  1. 1 only
  2. 2 only
  3. Both
  4. None
CHECK ANSWERS:-

Answer: c

Explanation:

  • The Basai wetlands is a 250 acre shallow wetland located close to Gurugram city.
  • It is recognised as one of India’s Important Bird and Biodiversity Areas and is of global conservation significance as it supports populations of several endangered, vulnerable, and threatened bird species. Basai wetlandis is recognised globally as an Important Bird Area (IBA) by the BirdLife International.
  • It is recognized as a key biodiversity area by the International Union for Conservation of Nature (IUCN) and the Wildlife Institute of India.
Q5. A legislation which confers on the executive or administrative authority an unguided and 
uncontrolled discretionary power in the matter of the application of law violates which one 
of the following Articles of the Constitution of India?
  1. Article 14
  2. Article 28
  3. Article 32
  4. Article 44
CHECK ANSWERS:-

Answer: a

Explanation:

  • A legislation which confers on the executive or administrative authority an unguided and uncontrolled discretionary power in the matter of the application of law violates Article 14 of the Indian Constitution.
  • Article 14 of Indian Constitution says that the state shall not deny to any person equality before law, which in itself is an element of the concept of ‘Rule of Law’. The absence of arbitrary power is a major principle of ‘Rule of Law’.

I. UPSC Mains Practice Questions

  1. Off late, there has been a renewed enthusiasm in New Delhi to engage the Central Asian region. While the gains from engaging Central Asia may be minimal, non-engagement could be costly. Analyse. (250 words; 15 marks)[GS-2, International Relations]
  2. What do you understand by Artificial Neural Networks? Examine how it has made artificial intelligence more powerful. (250 words; 15 marks)[GS-3, Science and Technology]

Read the previous CNA here.

CNA 07 Feb 2022:- Download PDF Here

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