CNA 13 May 2023:- Download PDF Here
TABLE OF CONTENTS
A. GS 1 Related B. GS 2 Related GOVERNANCE 1. Model Prisons Act POLITY 1. Supreme Court on default bail C. GS 3 Related ECONOMY 1. Aviation leasing watchdog puts India on watchlist D. GS 4 Related E. Editorials GOVERNANCE AND ECONOMY 1. Welfare spending has been getting a regular pruning POLITY AND HEALTH 1. Diagnostic imaging of the Rajasthan Right to Health Act HEALTH AND GOVERNANCE 1. Welcome initiative F. Prelims Facts G. Tidbits 1. Global Financial Innovation Network (GFIN) 2. London Interbank Offered Rate (LIBOR) H. UPSC Prelims Practice Questions I. UPSC Mains Practice Questions
A. GS 1 Related
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B. GS 2 Related
Syllabus: Government Policies & Interventions for Development
Mains: Significance of prison reforms in India
Context: Model Prisons Act by the Union Ministry of Home Affairs.
Introduction:Β
- The Union Ministry of Home Affairs has prepared the βModel Prisons Act 2023,β to replace the British-era Prisons Act, 1894 in orderΒ to overhaul the prison administration.
- The state governments and Union territory administrations can beneο¬t from the Model Prisons Act, 2023 by adopting it in their jurisdictions, with such modiο¬cations which they may consider necessary, and repeal the existing three Acts in their jurisdictions.
- Along with the Prisons Act, 1894, the Prisoners Act, 1900 and the Transfer of Prisoners Act, 1950 have also been reviewed by the Ministry of Home Aο¬airs and relevant provisions of these Acts have been assimilated in the Model Prisons Act, 2023.
- As per the provisions of the Constitution of India, βprisonsβ/βpersons detained thereinβ is a ‘State’ subject.Β
- The responsibility of prison management and prisoners’ administration vests solely with State Governments that alone are competent to make appropriate legislative provisions in this regard.Β
- The model Act has been prepared by MHA on the basis of a draft prepared by the Bureau of Police Research and Development after holding wide-ranging discussions with State prison authorities and correctional experts.
Salient features of the new Model Prisons Act:
- Provision for security assessment and segregation of prisoners, individual sentence planning.
- Grievance redressal, prison development board, attitudinal change towards prisoners.
- Provision of separate accommodation for women prisoners, transgender, etc.
- Provision for the use of technology in prison administration with a view to bringing transparency in prison administration.
- Provision for video conferencing with courts, scientiο¬c and technological interventions in prisons, etc.
- Provision of punishment for prisoners and jail staο¬ for use of prohibited items like mobile phones, etc. in jails.
- Provision regarding establishment and management of high-security jails, open jails (open and semi-open), etc.
- Provision for protecting society from the criminal activities of hardened criminals and habitual offenders, etc.
- Provision for legal aid to prisoners, provision of parole, furlough and premature release, etc. to incentivise good conduct.
- Focus on vocational training and skill development of prisoners and their reintegration into society.
Need for new act:
- The current prison act is outdated and inadequate in addressing the current needs and challenges of the prison system. The act does not reflect the changing nature of crimes and punishments, nor does it address the increasing number of human rights violations in Indian prisons.
- Indian prisons are plagued by overcrowding, with many inmates living in inhumane conditions. The lack of staff and resources exacerbates this problem, leading to increased violence, corruption, and the spread of diseases. A new prison act is needed to address these issues and ensure the safety and well-being of prisoners and staff.
- The current prison act does not prioritize the rehabilitation and reintegration of prisoners into society. The new act focuses on providing education, vocational training, and mental health services to prisoners to enable them to lead productive lives after their release.
- The current prison act does not adequately protect the rights of prisoners or hold prison staff accountable for any violations.Β
- Provisions of the new act are in line with several international human rights treaties signed by India, such as the International Covenant on Civil and Political Rights and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
Read more on Criminal Justice Reforms
Read more on E-Prisons
Nut Graf:Β The union government has developed the ‘Model Prisons Act 2023’ to revamp prison administration by replacing the Prisons Act of 1894. The act is designed to be adopted by state and union territory administrations, with modifications if necessary. This is a long overdue measure considering the sad state of Indian prisons.
1. Supreme Court on default bail
Syllabus: Judiciary – Judgments & Cases
Mains: Reforms in Bail law and process in India
Context: Supreme Courtβs direction to lower courts on default bail.
Key Details:
- The Supreme Court of India has directed lower courts to decide on pending default bail applications without relying on its own judgment of April 26.
- In the Ritu Chhabaria versus Union of India case, the Supreme Court held that central agencies cannot deny accused persons their right to default bail by filing multiple supplementary chargesheets and seeking renewed custody.Β
- The judgment held that βthe right of default bail under Section 167(2) of the Criminal Procedure Code (CrPC) is not merely a statutory right, but a fundamental right that flows from Article 21 of the Constitutionβ to protect accused persons from the βunfettered and arbitrary power of the Stateβ.
Significance of the order:
- A judgment of the Supreme Court is considered the law of the land. Article 141 of the Constitution provides that the law declared by the Supreme Court shall be binding on all courts within India.
- After the Ritu Chhabaria judgment was delivered, the Enforcement Directorate (ED) filed an urgent application in the Supreme Court to “recall” the verdict.Β
- The ED contended that the judgment contradicted past rulings of the Supreme Court. The ED also filed an appeal against the default bail granted to Manpreet Singh Talwar, an accused in a money laundering case who had relied on the Ritu Chhabaria verdict, arguing that the judgment would not apply to special laws such as the Prevention of Money Laundering Act.
- The Supreme Court clarified that lower courts can decide on default bail applications independently of its judgment in the Ritu Chhabaria case.
Nut Graf: The Supreme Court of India has directed lower courts to decide on pending default bail applications independently of its judgment of April 26, which held that the right to default bail is a fundamental right. This follows a recall application filed by the Enforcement Directorate, which argued that the judgment contradicted past rulings of the Supreme Court.
C. GS 3 Related
1. Aviation leasing watchdog puts India on watchlist
Syllabus: Infrastructure-Airports
Mains: Issues with aviation sector in India
Context: Aviation leasing watchdog puts India on watchlist for NCLTβs Go First order.
Key Details:
- The global aviation leasing watchdog βAviation Working Groupβ has placed India on a watchlist, assigning it a βnegativeβ outlook.
- As per the group, this outlook is based on the βDGCAβs failure to process deregistration application for aircraft whose leases were terminated prior to the intimation of the moratoriumβ.
- This follows the National Company Law Tribunalβs order barring bankrupt Go Firstβs lessors from repossessing planes while the airline is under the insolvency process.
- The NCLT order preventing recovery of aircraft by lessors βhas raised significant concerns among aviation industry lessors and creditors regarding the risks associated with aircraft leasing in India, which could result in higher risk premiums on local airlines, pushing up lease rentals and consequently ticket prices.β
- The Aviation Working Group oversees the implementation of the Cape Town Convention and its Aircraft Protocol β a treaty designed to facilitate financing and leasing of aviation equipment.
- Under the Cape Town Convention (CTC), to which India is a signatory, lessors maintain that the court order cannot apply retrospectively, when insolvency is initiated, the insolvency administrator or debtor has to give possession of aircraft to the lessor within 60 days.Β
Cape Town Convention:
- The Convention on International Interests in Mobile Equipment was concluded in Cape Town on 16 November 2001, as was the Protocol on Matters Specific to Aircraft Equipment.Β
- The Convention and the Protocol, adopted under the joint auspices of ICAO and UNIDROIT, shall be read and interpreted together as a single instrument.
- The primary aim of the Convention and the Protocol is to resolve the problem of obtaining certain and opposable rights to high-value aviation assets, namely airframes, aircraft engines and helicopters which, by their nature, have no fixed location.
- This promotes the granting of credit for the acquisition of more modern and thus more fuel-efficient aircraft. The airlines of States that adopt the Convention and the Protocol may receive a ten percent (10%) discount on export credit premiums.
Read more on recent developments in Indiaβs aviation sector in CNA dated May 11, 2023.
Nut Graf: The Aviation Working Group, responsible for overseeing the implementation of the Cape Town Convention, has placed India on a watchlist with a “negative” outlook due to concerns over aircraft leasing risks following a National Company Law Tribunal order preventing bankrupt Go First’s lessors from repossessing planes.Β
D. GS 4 Related
Nothing here for today!!!
E. Editorials
Category: GOVERNANCE AND ECONOMY
1. Welfare spending has been getting a regular pruning
Syllabus: Welfare schemes for vulnerable sections of society and Budget allocations.
Mains: Social welfare schemes and their share in the Budget.
Prelims: Budget.
Context: Reducing shares of social welfare schemes in the Budget.
Details:
- It is highlighted that the experts criticize the Union Budget of 2023-24 as well as 2022-23 for ignoring social spending and favouring capital expenditure.
- However, the author presents a research analysis that the trend of declining central government spending on critical social schemes that ensure basic rights have declined as a proportion of GDP.
Also read: Union Budget 2023 Summary
Research Analysis:
- Saksham Anganwadi and Poshan 2.0 were schemes to address child malnutrition and hunger.Β
- In 2021, the Anganwadi programme (ICDS) was clubbed with POSHAN Abhiyaan and a nutrition scheme for adolescent girls.
- Moreover, its allocation declined from 0.13% of GDP (2014-15) to 0.07% in 2023-24.
- The Mid Day Meal (MDM) scheme has shown considerable improvements in attendance, nutritional outcomes, and stunting among children.
- The budget allocation for the scheme has decreased from 0.08% in 2014-15 to 0.04% in 2023-2024.
- The maternity benefits programme or PM Matru Vandana Yojana (PMMVY) provides conditional cash transfers of βΉ5000 to women in the unorganized sector.
- According to National Food Security Act (NFSA), it requires almost βΉ14000 crore, however, PMMVY Budget is yet to cross βΉ3000 crore.
- The budget of the Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA) and NFSA have also been reduced as a share of GDP.
- MGNREGA as a share of GDP has reduced from 0.26% in 2014-15 to 0.20% in 2023-24.
- NFSA declined from 0.94% in 2014-15 to 0.65% in 2023-24.
- The share of the National Social Assistance Programme (NSAP) has considerably declined (except 2020-21) from 0.06% in 2014-15 to 0.03% in 2023-24.
- Furthermore, central expenditure on school education (primary and secondary) has constantly reduced from 0.37% in 2014-15 to 0.23% in 2023-24.
- Areas of Gains:
- The central healthcare expenditure increased marginally from 0.25% in 2014-15 to 0.30% in 2023-24.
- There was improvement in providing tangible goods like access to cooking fuel, and electricity.Β
- The situation also improved in the financial inclusion of women.
Also read: Poshan Abhiyaan – Features, Significance, Concerns
Associated Concerns:
- As per the National Family Health Survey (NFHS)-5, the share of anaemic, underweight, and stunted children in India is 67%, 32%, and 36%, respectively.
- According to the Reserve Bank of India (RBI), real wages of casual workers grew at less than 1% per year from 2014-15 to 2021-22. It is highlighted by various economists that this is a worrying trend for economic growth.
- The pensions for the elderly have not increased since 2006. It stands at a meagre βΉ200 per month for the elderly and βΉ300 for widows.
- The World Social Protection Report by the International Labour Organization (ILO) highlights that approximately 24.8% of Indians are covered by at least one social security scheme against the Asia-Pacific average of 44%.
- India performs poorly on Human Development Index with a rank of 132.
Also read: Human Development
Way Ahead:
- As per international experience, the share of social expenditure in GDP should grow proportionately with the GDP of the country.
- It is suggested that government should recover the revenue foregone due to tax concessions and the lowering of corporate tax rates in 2019.
Also read: Social Welfare
Nut Graf: The trend analysis of various welfare schemes highlights that their share in GDP has declined during the last decade. The government should acknowledge the importance of social security programmes and raise their budget allocation.
1. Diagnostic imaging of the Rajasthan Right to Health Act
Syllabus: Government policies and intervention in the Health sector.
Mains: Rajasthanβs Right to Health Act.
Introduction:
- The Rajasthan Right to Health (RTH) Bill became an Act in April 2023. However, severe opposition has forced the government to some exclusion.
For detailed information, read here: Rajasthan’s Right to Health Bill
Details:
- The primary iteration of the bill was sent for the select committeeβs review in 2022. Later the amended Bill was passed on 21st March 2023.
- However, the amended version (which was already highly moderated) resulted in protests.
- Positive Amendments in the Bill:
- Definitions of accidental emergency, emergency care, and first aid were added. The term βdesignated health care centresβ was also introduced.
- There was an addition of a reimbursement clause for unpaid emergency care.
- Amendments that raised concerns:
- The composition of the State and district health authorities is renewed.
- Instead of three representatives from alternative medicine systems (ayurveda, homoeopathy, and unani), the amendment proposes only one and replaces the two with medical education representatives.
- Moreover, it swapped public health/hospital management experts with Indian Medical Association (IMA) representatives as nominated members.
- The grievance redress system was considerably overhauled.Β
- Instead of redressal through web portals, helpline centres, and officers concerned within 24 hours, grievances will be handled by the same healthcare institution in 3 days.
- This will cause conflicts of interest.
- It should be noted that medical care also includes nutrition, health promotion, and disease prevention.
- However, the act lacks public health representation in such domains.
- The state government assured that private multispecialty hospitals with less than 50 beds and those that have not availed of concession or subsidy will be kept out of the ambit of the law.
- This would result in the exclusion of many small and medium hospitals, specifically outside urban agglomerations.
- Ambiguous definitions of various terms like βemergencyβ.
- The composition of the State and district health authorities is renewed.
Way Ahead:
- The State should meticulously draft such legal medical pronouncements.
- In the case of health legislation, the government should not be swayed by organized medical interests alone. Both the government and medical community should sensitize themselves to the broader dimension of public health.
- There should also be enough financial preparedness.
Related Link:Β Medical Council of India
Nut Graf: The Right to Health Act of Rajasthan has several issues which need to be addressed in a timely manner. It is also advised that the government should be very careful in drafting healthcare legislation covering both logical and social welfare aspects.
Category: HEALTH AND GOVERNANCE
Syllabus: Government intervention; Issues related to Health.
Mains: Alternative medicines in India and their validation.
Prelims: AYUSH.
Context: AYUSH Ministry and ICMR will collaborate for human clinical trials.
Details:
- The Ministry of AYUSH and ICMR have collaborated with each other in a welcome move for quality human clinical trials.Β
- This would result in an evidence-based analysis of Ayurveda in treating certain diseases.
- Initially, trials will be restricted to Ayurveda and later other systems of AYUSH (Yoga, Unani, Siddha, and Homeopathy) will be included.
- It will be tested together with modern medicines.
- Moreover, the trials will have two arms, to begin with:
- Modern medicine as the standard of careΒ
- A combination of modern medicine and Ayurveda
- Notably, scientific validation of superior outcomes of combined therapy will form the basis of integrated medicine for patients.
Also read: National Ayush Mission
Significance of the Collaboration:
- It is the first major step in the evidence-based approach to validate medical interventions.
- It will serve as a starting point to undertake further evaluation of the effectiveness of Ayurveda.
- There were various limitations in previous trials, which can be addressed now.
- Notably, the lack of validation for AYUSH has been the bane of alternative medicine in India.
- This would be the first serious large-scale attempt to analyze the effectiveness of alternative medicine.
Related Link:Β UPSC Exam Preparation-Gist of Yojana June 2019 Issue: Yoga and Alternative Systems of Medicine
Nut Graf: The collaboration of the AYUSH Ministry with ICMR is a step in the right direction. It would provide scientific validation to Ayurveda through human trials and encourage alternative medicine for both preventive and curative healthcare.
F. Prelims Facts
Nothing here for today!!!
G. Tidbits
1. Global Financial Innovation Network (GFIN)
- The Global Financial Innovation Network (GFIN) is organizing its first-ever Greenwashing TechSprint to combat greenwashing risks in financial services.Β
- The Reserve Bank of India (RBI) has announced its participation among 12 other international regulators in this initiative to develop a tool that helps the market and regulators address the issue.
- The central bank noted the number of investment products marketed as βgreenβ was growing.
- Greenwashing risks in financial services refer to the practice of making exaggerated, misleading, or false claims about the environmental, social, and governance (ESG) characteristics of investment products or services.Β
- This is done to attract investors who are interested in sustainable or responsible investing, but can ultimately result in harm to the environment or society.Β
2. London Interbank Offered Rate (LIBOR)
- The Reserve Bank of India (RBI) has advised banks and other RBI-regulated entities asking them to ensure a complete transition away from the London Interbank Offered Rate (LIBOR) from July 1, 2023.
- They have been advised to ensure no new transactions undertaken by them or their customers rely on or are priced using the U.S. Dollar LIBOR or the Mumbai Interbank Forward Outright Rate.Β
- In 2021, the Financial Conduct Authority, U.K. had said all LIBOR settings would either cease to be provided by any administrator or no longer be representative.
H. UPSC Prelims Practice Questions
Q1. 'Fisher effect' describes the relationship between: (Level-Difficult)
- Inflation and Unemployment
- Income Inequality and Economic Growth
- Inflation and Interest Rate
- Tax Rate and Tax Revenue
CHECK ANSWERS:-
Answer: c
Explanation:Β The Fisher Effect is an economic theory created by economist Irving Fisher that describes the relationship between inflation and both real and nominal interest rates. The Fisher Effect states that the real interest rate equals the nominal interest rate minus the expected inflation rate.
Q2. With respect to Default Bail, which of the following statements is/are correct? (Level-Difficult)
- According to Section 187(2) CrPC, an accused is entitled to default bail if the investigating agency failed to file a final charge sheet within 60 days from the date of remand.
- It is given to bailable offences only.
Options:
- 1 only
- 2 only
- Both
- None
CHECK ANSWERS:-
Answer: d
Explanation: Section 167 CrPC says that an arrested person will be entitled to default bail after 90 days in cases where the investigation relates to an offence punishable with death, imprisonment for life or imprisonment for a term of not less than 10 years and 60 days, where the investigation relates to any other offence.
- It is granted to both bailable and non-bailable offences.
Q3. Consider the following statements with respect to the Prevention of Sexual Harassment (PoSH) Act, 2013: (Level-Medium)
- Every employer must constitute an Internal Complaints Committee (ICC) at each office or branch that has 20 or more employees.
- The Act protects the rights of all women who are working or visiting any workplace, in any capacity.
- If the woman cannot complain because of βphysical or mental incapacity or death or otherwiseβ, her legal heir may do so.
Which of the following statements is/are correct?
- 1 and 2 only
- 2 and 3 only
- 1 and 3 only
- 1, 2 and 3
CHECK ANSWERS:-
Answer: b
Explanation:
- Every employer must constitute an Internal Complaints Committee (ICC) at each office or branch that has 10 or more employees.
Read more on the Prevention of Sexual Harassment (PoSH) Act, 2013.
Q4. Which of the following statements is incorrect with respect to LIBOR? (Level-Difficult)
- It is the global reference rate for unsecured short-term borrowing in the interbank market.
- The five currencies for which LIBOR is computed are the Swiss franc, euro, pound sterling, Japanese yen and US dollar.
- LIBOR is administered by the Intercontinental Exchange or ICE.
- The United Kingdom financial regulator that oversees LIBOR has announced that theyβll discontinue the index by 2030.
CHECK ANSWERS:-
Answer: d
Explanation: The United Kingdom financial regulator that oversees LIBOR has announced that theyβll discontinue the index by June 30, 2023.
Q5. Microbial fuel cells are considered a source of sustainable energy. Why? (Level-Difficult)
- They use living organisms as catalysts to generate electricity from certain substrates.
- They use a variety of inorganic materials as substrates.
- They can be installed in waste water, treatment plants to cleanse water and produce electricity.
Which of the statements given above is/are correct?
- 1 only
- 2 and 3 only
- 1 and 3 only
- 1, 2 and 3
CHECK ANSWERS:-
Answer: c
Explanation: Microbial fuel cells are bio-electrochemical systems that drive a current by using bacteria and taking away bacterial interactions from nature. These devices consist of anode and cathode compartments separated by cation specific membrane which converts chemical energy into electrical energy through a catalytic reaction of microorganisms, which makes statement 1 correct. The substrates used in such cells are organic in nature such as glucose, acetate, arabitol, carboxymethyl cellulose, corn stover biomass, etc. which makes statement 2 incorrect. Statement 3 is correct as such cells are used in the treatment of wastewater.
I. UPSC Mains Practice Questions
- βBesides being a moral imperative of a Welfare State, primary health structure is a necessary precondition for sustainable development.β Analyze. (250 words; 15 marks) (GS-2;Governance)
- No Right to Health legislation should come at the cost of medical practitioners. In this context, explain the issues raised by doctors against Rajasthanβs Right to Health Act. (250 words; 15 marks) (GS-2;Governance)
Read the previous CNAΒ here.
CNA 13 May 2023:- Download PDF Here
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