21 May 2023: UPSC Exam Comprehensive News Analysis

E. Editorials

Category: POLITY

1. How has SC validated T.N. stand on jallikattu?

Syllabus: Government policies and interventions and issues arising out of it.

Mains: Jallikattu and developments around it.

Prelims: Jallikattu.

Context: A five-judge Bench of the Supreme Court upheld the amendments made by the legislatures of Tamil Nadu, Maharashtra, and Karnataka to the Prevention of Cruelty to Animals (PCA) Act, 1960.

Details:

• The Supreme Court of India has declared that the 2017 amendment to the Prevention of Cruelty to Animals Act, 1960 is valid.
  • The amendment facilitated the smooth conduct of the sport with stringent regulation.
• The verdict will also be applicable to other similar sports like Kambala (buffalo race) in Karnataka and bullock-cart racing in Maharashtra.

For details on Jallikattu, read here: Jallikattu – Meaning & Important Facts for UPSC

Background Details:

• The Madras High Court in 2006 in a petition to hold the Rekla race (bullock cart race) barred such sports including Jallikattu.
• The Division Bench on appeal set aside the order and asked the government to prevent violence and cruelty and ensure the safety of the spectators/audience.
• In 2009, the State Assembly adopted the Tamil Nadu Regulation of the Jallikattu Act.
• The Ministry of Environment, Forests and Climate Change (MoEFCC) issued a notification in July 2011 about the list of animals that are prohibited from being exhibited or trained for any performance (including bulls).
• Jallikattu could happen for a few years as the efforts to organize the sport as a regulated event failed.
• It also arose the debate about banning and continuing the sport.
• In 2014, SC banned the sport by establishing rights jurisprudence for animals under the Constitution.
  • It was highlighted that the Act was “anthropocentric” as it protected the interests of organizers, spectators, and participants and not the animals.
  • It was against the Prevention of Cruelty to Animals Act, 1960 (PCA) as:
    • It went against the statutory duty of anyone with the care or charge of any animal to ensure its well-being and prevent the infliction of unnecessary pain or suffering.
    • Using animals for entertainment and forcing them to fight.
    • Training and exhibition of performing animals.
  • The SC also cited 5 freedoms recognized by World Health Organization for Animal Health:
    • Freedom from hunger, thirst, and malnutrition
    • Freedom from fear and distress
    • Freedom from physical and thermal discomfort
    • Freedom from pain, injury, and disease
    • Freedom to express normal patterns of behavior
• Tamil Nadu’s Response:
  • The decision was massively protested in January 2017 as the government could not facilitate the safe conduct of Jallikattu for years.
  • An ordinance was issued to eliminate the basis for the 2014 Supreme Court judgment and promote it as an event to preserve culture and tradition and safeguard the native breeds of bulls.
  • The amendment made the sport an ‘exemption’ in the PCA.
  • The President gave assent to the amendment and it became a law.

Controversies over Jallikattu:

• Animal Rights Activists argue that Jallikattu entails unnecessary cruelty to animals in the form of fear, pain, and suffering.
• However, it is pointed out that acts of cruelty like twisting tails and beating bulls are rare.

Recent Ruling of Supreme Court:

• The Constitution Bench has accepted Jallikattu to be a part of the cultural heritage of Tamils.
• Moreover, it upheld the 2014 amendment citing that it has now legitimized the bovine sport. Additionally, it cannot be termed a piece of colourable legislation.
• The court highlighted that the sport can be allowed as the situation is different now and the state amendment encourages conducting the sport with stringent regulations.
• It was clarified that there are no statutory violations that warrant a ban on Jallikattu.

Related Link: 

UPSC Exam Comprehensive News Analysis. May 19th, 2023 CNA. Download PDF

Nut Graf: The Constitution Bench of the Supreme Court has accepted the basic argument that Jallikattu is part of the cultural heritage of Tamils and allows its conduct under stringent regulation.
Category: ECONOMY

1. Will all overseas spends come under tax net?

Syllabus: Indian economy and issues related to it.

Mains: Taxes and associated concerns.

Context: A notification was issued for the implementation of levying a higher tax on some types of remittances of funds abroad from 1 July 2023.

Details:

• The Union Budget of 2023 proposed to levy a higher tax on some types of remittances of funds abroad. It also issued a notification in this direction in May 2023.
• After a huge outcry from the taxpayers, the Finance Ministry made a partial U-turn.

Background Details:

• In Budget 2023, there was a proposal to raise the tax collection at source (TCS) on overseas tour packages and foreign remittances under the Liberalised Remittance Scheme (LRS).
  • The TCS rate is proposed to be increased from 5% to 20%.
  • The 20% tax is proposed on all LRS (as against 5% TCS on remittances over ₹7 lakh).
  • It excludes education or medical expenses abroad.
• On 16 May 2023, the Finance Ministry notified the Foreign Exchange Management (Current Account Transactions) (Amendment) Rules, 2023, to bring all credit card expenditures abroad under the remit of the LRS.
• It enabled the government to levy a higher TCS on credit card spending overseas from July 1.
• However, it was assured that purchases of foreign services like newspaper or streaming services subscriptions will not be impacted while being in India.

Consequences of the Notification:

• The notification implies that additional funds of the taxpayer will be blocked which they could have adjusted against advance tax payments or refunds from their income tax returns.
• This was flagged as unnecessary harassment and blocking of funds for honest taxpayers.
• They also questioned the justification of tracking which could be done by even 2% or 5% TCS.
• Issues were also raised about employees using cards for overseas work trips and foreign holidays.
• Many experts have termed it “tax terrorism”.

Government’s Response:

• The Government clarified that business visits won’t be impacted. It will regulate only the tour travel packages, gifts to non-residents, and domestic high-net-worth individuals investing in assets such as real estate, bonds, and stocks outside India.
• It emphasized that the 20% TCS rate is “not” high.
• The Ministry revised its stance and said that Payments abroad by an individual using their international credit cards up to ₹7 lakh per financial year were exempted from the TCS levy and the LRS calculations.
• However, there are still challenges for frequent business travellers.

Related Link: 

Foreign Exchange Management Act (FEMA) – Features of FEMA Regulation

Nut Graf: The Finance Ministry issued a notification on imposing a higher tax on some types of remittances of funds abroad. This has raised concerns for taxpayers. As a result, the government partially addressed these issues but a lot needs to be done, especially for frequent travellers.

Category: HEALTH

1. WHO’s guideline on non-sugar sweeteners

Syllabus: Issues related to Health.

Mains: Non-sugar sweeteners and associated concerns.

Context: Guidelines by WHO on use of non-sugar sweeteners.

Details:

• New guidelines were issued by WHO on the use of non-sugar sweeteners (NSS) such as aspartame, saccharin, stevia, etc.
• It highlights that non-sugar sweeteners should not be used for weight control and reducing risk of non-communicable diseases (NCD).
• Notably, NSS popularized after 2015, when WHO issued statement that high intake of free sugars is linked to weight gain and obesity.

Non-Sugar Sweeteners:

• NSS are low or no-calorie alternative to free sugars. It is claimed that they can aid in weight loss and controlling blood glucose in diabetes patients.
• WHO includes acesulfame K, aspartame, advantame, cyclamates, neotame, saccharin, sucralose, stevia, and stevia derivatives as NSS.

WHO’s Analysis:

• An analysis was conducted on almost 283 studies on adults and children.
• It was found that ‘higher intake’ of NSS results in a 76% increase in risk of obesity and a 0.14 kg/m2 increase in BMI (Body Mass Index).
• Moreover, a long-term use of NSS can potentially increase the risk of cardiovascular diseases, chronic kidney disease, Type 2 diabetes, and cancer.
• However, experts point out that the evidence cited by the WHO is categorized as moderate, low or very low certainty. 
  • Moderate certainty implies that WHO is moderately confident about the risks and the true effect is likely to be close to the estimate.
• The quality (nutritional profile) and quantity of diet are also important for the study.

Associated Concerns:

• As per the National Family Health Survey (NFHS-5), one in nine women and one in 25 men are obese.
• There is a higher risk of diabetes in obese people.
• Moreover, there are around 25 million people living with pre-diabetes in India. They can further lead to heart attacks in their thirties and forties.
• It is suggested that non-sugar sweeteners are known to have an effect on the gut and bones. They also cause bloating.

Way Ahead:

• WHO recommends foods with minimal processing and unsweetened food and beverages.
• Moreover, weightloss should not be equated with switching from sugars to NSS.
• Rather it should depend on reduced portion size or energy intake of food.
• There should also be deliberations among policy makers before accepting these guidlines.
• Efforts should also be made to tweak taste preferences and eating behaviours of people, especially youngsters.

Related Link: 

Eat Right India Movement | FSSAI & GoI Initiative – UPSC Notes

Nut Graf: The World Health Organization has cautioned against the use of non-sugar sweetners and issued guidelines for the same. They can have serious repercussions on health like affecting the gut or diabetic risks.