23 Oct 2023: UPSC Exam Comprehensive News Analysis

23 October 2023 CNA
Download PDF Here

TABLE OF CONTENTS

A. GS 1 Related
B. GS 2 Related
C. GS 3 Related
SECURITY
1. Cyber Insurance for Cyber Crimes
D. GS 4 Related
E. Editorials
INDIAN POLITY
1. The Court’s ‘no fundamental right to marry’ is wrong
ENVIRONMENT AND ECOLOGY
1. Restoring the ecological health of the Himalayas
F. Prelims Facts
1. EU calls for Global Minimum Tax on billionaires
G. Tidbits
1. Second Thomas Shoal
2. Canada’s actions are in violation of Vienna Convention, says Jaishankar
3. India sends aid to Gaza
H. UPSC Prelims Practice Questions
I. UPSC Mains Practice Questions
FIP Magazine

E. Editorials

Category: INDIAN POLITY

1. The Court’s ‘no fundamental right to marry’ is wrong

Syllabus: Indian Constitution—Historical Underpinnings, Evolution, Features, Amendments, Significant Provisions and Basic Structure.

Prelims-  Supriyo v. Union of India case, Navtej Singh Johar v. Union of India, Universal Declaration of Human Rights, Article 21, Right to Marry

Mains-  Right to Marry, Transformative Constitution, Evolution of ambit of fundamental rights

Context

  • The Supreme Court of India has ruled that there is no fundamental right to marriage, and therefore same-sex couples cannot marry.

 

Supriyo v. Union of India case

  • While the court recognized the right of LGBTQ+ individuals to choose their partners and live together, it did not explicitly recognize same-sex marriage or civil unions. 
  • Existing legal provisions denied queer couples the right to adopt children. They argued that these provisions violated their fundamental rights to equality, non-discrimination, and life.
  • The Supreme court has asked the executive to reconsider the laws on adoption in light of the best interests and welfare of children.
  • The court also directed that same-sex couples must be protected from harassment, and gave instructions for the authorities to be sensitized to this issue.
  • It directed the Union Government to set up a committee to examine whether and how the existing legal framework could be amended to make the benefits of marriage available to same-sex couples.

 

Historical Context

  • Impact of Section 377 on LGBTQ Individuals
      • As a result of Section 377, LGBTQ+ individuals faced blackmail, torture, violence, and harassment from the police, their loved ones, and their families.
      • LGBTQ+ individuals were also afraid to reveal their sexual orientation due to fear of retribution.
  • Repeal of provisions under Section 377
      • In 2009, the Delhi High Court repealed Section 377 of the Indian Penal Code, which criminalized non-heterosexual relationships, but this was overturned by the Supreme Court in 2013 (Suresh Kumar Koushal v. Naz Foundation case), and then reinstated in 2018 (Navtej Singh Johar v. Union of India)
      • The Lawyers Collective challenged the constitutionality of Section 377 in 2001, leading to the landmark cases of 2009 and 2018, which decriminalized consensual non-heterosexual relationships between adults in private.
      • The court also ruled that people have the right to self-identify their gender, leading to the passage of the Transgender Persons (Protection of Rights) Act, which allows for gender change and protects against discrimination.
      • However, neither case struck down Section 377 entirely.
  • Demand for Marriage Equality
    • In India, individuals have the right to autonomy, dignity, privacy, and choice in partner selection.
    • The Supreme Court has recognized the rights of LGBTQ+ individuals to have intimate relationships.
    • After the Navtej Johar judgment, it is logical to assume that couples in such relationships may desire to develop long-term relationships, including marriage.
    • Marriage offers various benefits, including succession, adoption, decision-making in hospitalization, employment benefits, and social legitimacy.
    • LGBTQ+ communities face stigma due to lack of legal recognition of their relationships.
    • As a result, LGBTQ+ communities demanded the right to marry and filed petitions in various courts, which were eventually transferred to the Supreme Court.
  • The Supreme Court was tasked with deciding on the right of non-heterosexual couples to seek recognition of their marriages.

 

LGBTQ+ rights

  • International Recognition of the Right to Marry
      • The Supreme Court’s decision in Supriyo Chakraborty states that there is no fundamental right to marry in India.
      • This decision was reached despite India being a signatory to the Universal Declaration of Human Rights (UDHR), which recognizes the right to marry as a human right.
  • Indian Constitution and Legislation
      • The Indian Constitution and legislation are expected to align with the UDHR, and courts in India have previously interpreted the Constitution and statutes in line with the UDHR and other international covenants.
      • Article 16 of the UDHR provides that men and women have the right to marry and start a family, regardless of race, nationality, or religion.
      • Critics argue that the Indian Constitution does not explicitly provide for the right to marry, but this ignores the Indian constitutional jurisprudence, which has interpreted constitutional provisions in a liberal and expansive manner.
  • Evolution of rights under Article 21
    • The Supreme Court has read the right to be treated with dignity into Article 21 of the Constitution, and has used the provisions of the UDHR to elaborate rights under the Constitution.
    • The Court has referenced the UDHR in previous cases, such as Prem Shankar Shukla and Francis Coralie Mullin, to support the idea that the right to protection against torture and degrading treatment is implicit in Article 21 of the Constitution.
    • In Maneka Gandhi, the Court relied on Article 10 of the UDHR to read in principles of natural justice into the administrative process.

Way Forward

  • The Supreme Court’s ruling currently identifies that marriage is only legal between a biological man and woman, despite the fact that gender identity is self-identified.
  • The court’s decision may perpetuate discrimination against same-sex couples and reduce them to second-class citizens.
  • Extending marriage to queer couples or enabling them to enter into civil unions requires a comprehensive legal reform involving various stakeholders, including the queer community, religious leaders, government officials, and family law experts.

 

Nut Graf: The Supreme Court of India has ruled that there is no fundamental right to marriage, and therefore same-sex couples cannot marry. This decision is being considered a setback for LGBTQI rights in India, as it denies them the social, legal, and economic benefits of marriage. The court has directed the executive to reconsider the laws on adoption in light of the best interests and welfare of children, and has also asked the Union Government to set up a committee to examine whether and how the existing legal framework could be amended to make the benefits of marriage available to same-sex couples.

Category: ENVIRONMENT AND ECOLOGY

1. Restoring the ecological health of the Himalayas

Syllabus: Conservation, Environmental Pollution and Degradation, Environmental Impact Assessment.

Prelims-  Carrying Capacity, Government initiatives to preserve Indian Himalayan Region

Mains-  Sustainable Management of Indian Himalayan Region

Context: 

  • The Supreme Court of India has asked the Union government to suggest a way forward regarding the carrying capacity of the Indian Himalayan Region (IHR) in light of the recent disasters in Uttarakhand, Himachal Pradesh and Sikkim. 

 

Carrying Capacity

  • Carrying capacity refers to the maximum population size that an ecosystem or environment can sustainably support over a specific time period without causing significant degradation or harm to its natural resources and overall health.
  • This is crucial to ensure long-term sustainability and balancing human activities with the preservation of natural ecosystems.

 

Union Government’s Initiatives

  • The Union government’s affidavit recommends that the Director of the G.B. Pant National Institute of Himalayan Environment should lead the assessment of carrying capacity.
  • The affidavit proposes that the carrying capacity of all 13 Himalayan States and Union Territories should be determined.
  • A technical support group consisting of representatives from various institutions such as the National Institute of Disaster Management, National Institute of Hydrology, National Environmental Engineering Research Institute, Wildlife Institute of India etc should be formed.
  • The affidavit suggests that representatives of State disaster management authorities, the Geological Survey of India, Survey of India, and member secretaries or nominees of the Central Pollution Control Board and Central Ground Water Board should also be included in the committee.
  • The government has requested the Court to direct the Himalayan States/UTs to set up a committee headed by the Chief Secretary of the respective State, with members chosen by the Chief Secretary as deemed appropriate.
  • The Indian government has launched various initiatives related to overall development in the Indian Himalayan Region (IHR), including:
    • National Mission for Sustaining the Himalayan Ecosystem 
    • Indian Himalayas Climate Adaptation Programme
    • Secure Himalaya Project
    • Guidelines on ‘Carrying Capacity in the IHR’
    • The Ministry of Environment and Forests reminded all states to submit an action plan (carrying capacity) if they had not already done so.

 

Challenges: 

  • Despite the January 2020 guidelines, little progress has been made in preparing action plans for carrying capacity in states.
  • Critics point out that incomplete recommendations by the ministry and involvement of those responsible for mountain destruction in drafting the plan of action as the major reasons for the delay. 
  • Not assessing the overall sustainable capacity of the state’s environment, including all biological species, food, habitat, water, ecology, and agriculture has been a key challenge.
  • Concerned citizen’s warnings about construction projects have been ignored, resulting in negative consequences and lack of citizen participation.

Conclusion: 

  • The focus should be on sustainable development that covers the broader dimensions of carrying capacity and involves people-centric processes.
  • Measuring the carrying capacity of only towns and cities is insufficient; the entire region should be considered.
  • Expert committees should prioritize social aspects of population sustainability and include adequate citizen representation.
  • Each panchayat samiti and municipality should be encouraged to present recommendations based on established population sustainability criteria.

 

Nut Graf: The Supreme Court of India has asked the Union government to suggest a way forward regarding the carrying capacity of the Indian Himalayan Region (IHR) in light of the recent disasters. The government has proposed a committee to assess the carrying capacity of all 13 Himalayan states and union territories. The focus should be on sustainable development that covers the broader dimensions of carrying capacity and involves people-centric processes.

F. Prelims Facts

1. EU calls for Global Minimum Tax on billionaires

Syllabus: GS 2- Economy

Prelims: Global Minimum Tax

Introduction

  • The European Union Tax Observatory’s ‘Global Tax Evasion Report 2024’ highlights tax evasion by billionaires, enabling them to effectively pay tax rates as low as 0% to 0.5% of their wealth.
  • The report calls for a global minimum tax on billionaires, set at 2% of their wealth, to combat evasion and generate an estimated $250 billion from fewer than 3,000 individuals.

Justification for the Proposed Tax

  • The report justifies the 2% tax rate for billionaires as “modest” considering their wealth has grown at an average of 7% annually since 1995, net of inflation.

Successes in Curbing Tax Evasion

  • The report recognizes the effectiveness of the automatic sharing of bank information in decreasing offshore tax evasion by a factor of three in the last decade.
  • It notes that there is still a significant amount of financial wealth held offshore, but only 25% of it evades taxation today.

Challenges in Curbing Tax Evasion

  • The report identifies two main challenges for offshore tax evasion:
    • Some offshore financial institutions do not comply with automatic exchange of bank information requirements.
    • Wealthy individuals have started shifting their assets to non-covered asset classes, particularly real estate.

Recommendations for Expanding Measures

  • The report calls for an expansion of assets covered by the automatic exchange of information system to further reduce tax evasion.

Global Minimum Tax Concerns

  • The global minimum tax of 15% on multinational corporations (MNCs) adopted in 2012 has faced challenges, as growing loopholes reduce expected revenues.
  • The report mentions the trend of “greenwashing” the global minimum tax, where MNCs can use ‘green’ tax credits for low carbon transition to lower their tax rates below 15%.

Concerns About Tax Competition

  • The report highlights emerging forms of aggressive tax competition targeting wealthy foreign individuals, with such regimes offering tax exemptions or reductions to incoming residents.
  • These preferential tax regimes weaken overall tax collection and have negative spillover effects on other countries.

G. Tidbits

1. Second Thomas Shoal

Introduction

  • Recent collisions have occurred between Chinese vessels and Philippine boats near Second Thomas Shoal in the disputed South China Sea.
  • Both nations have blamed each other for the incidents, adding to longstanding tensions in the region.

First Collision – China Coast Guard and Indigenous Resupply Boat

  • The Philippine government task force attributes the first collision to the “dangerous blocking manoeuvres of China Coast Guard vessel 5203.”
  • China claims the collision occurred because the resupply boat ignored warnings and passed through law enforcement unprofessionally and dangerously.

Second Collision – Philippine Coast Guard and Chinese Maritime Militia Vessel

  • The second collision involved a Philippine Coast Guard vessel and a “Chinese Maritime Militia vessel.”
  • The Philippine task force says the Philippine boat was “bumped” by the Chinese vessel, while China alleges that the Philippine boat deliberately reversed into a Chinese fishing vessel.

Background

  • China claims almost the entire South China Sea, a region crucial for global trade, despite an international ruling against its claims.
  • Second Thomas Shoal is located near the Spratly Islands, a hotly contested area, with its ownership contested by several nations.
  • This situation contributes to the ongoing tensions in the South China Sea, which has been a contentious region due to conflicting territorial claims and frequent incidents involving neighbouring countries and China.

2. Canada’s actions are in violation of Vienna Convention, says Jaishankar

Introduction

  • Canada’s recent withdrawal of 41 diplomats from India and the suspension of walk-in services at Canadian consulates in India have raised diplomatic tensions.
  • External Affairs Minister S. Jaishankar expressed concerns about the safety and security of Indian diplomats in Canada, asserting that it challenges the “most fundamental aspect” of the Vienna Convention on Diplomatic Relations.

Background

  • Canada accused India of violating the Vienna Convention after the withdrawal of its diplomats.
  • Indian missions in Canada had suspended visa issuance in September, citing security concerns for diplomats.

Key Points

  • S. Jaishankar emphasised that ensuring the safety and security of diplomats is a fundamental aspect of the Vienna Convention.
  • He expressed hope that the situation would improve, enabling the resumption of visa services for Canadians in India.
  • India is reportedly reviewing the security situation that led to the suspension of visa services.

International Responses

  • The United Kingdom and the United States supported Canada’s position, expressing concerns that the move by India impacted the principles of the Vienna Convention.
  • The U.S. State Department emphasised the importance of resolving differences between the countries through diplomats on the ground in India.

3. India sends aid to Gaza

Introduction

  • India has joined the list of countries providing humanitarian assistance to the civilian population in the Gaza Strip.
  • The relief material was delivered to the Egyptian Red Crescent at the El-Arish airbase near the Gaza border.

Nature of Aid

  • An Indian Air Force (IAF) C-17 flight carried approximately 6.5 tonnes of medical aid and 32 tonnes of disaster relief material.
  • The assistance comprises crucial supplies such as medications to save lives, surgical equipment, sleeping materials, sanitation utilities, tents, water purification tablets, protective tarpaulins and various other essential items.

Appreciation from Palestine Ambassador

  • Ambassador of Palestine, Adnan Abu Alhaija, expressed his gratitude for India’s assistance.
  • He highlighted that the Israeli blockade of the past two weeks had halted the entry of essential items such as oxygen into the Gaza Strip.
  • The Palestinian people highly appreciate India’s timely and unsolicited assistance.

Transfer of Supplies

  • The Indian consignment landed in Egypt, where Ambassador Ajit V. Gupte handed over the supplies to the Egyptian Red Crescent.
  • The Egyptian Red Crescent is responsible for forwarding the aid to Palestine through the border crossing between Gaza and Egypt.

Support for Two-State Solution

  • India has consistently expressed its support for a two-state solution to resolve the Israel-Palestine conflict.
  • The recent aid delivery underscores India’s commitment to providing humanitarian assistance and contributing to peaceful resolution efforts.

H. UPSC Prelims Practice Questions

Q1. Consider the following statements regarding the 
Vienna Convention on Diplomatic Relations:
  1. It was adopted in 1961 during a United Nations Conference on Diplomatic Intercourse and Immunities held in Vienna, Austria.
  2. This treaty applies only to diplomats, who are present in the country under the authority of the chief of the diplomatic mission.
  3. Any person working as a diplomat cannot be detained or arrested.

How many of the statements given above are incorrect?

  1. Only one
  2. Only two
  3. All three
  4. None
CHECK ANSWERS:-

Answer: a

Explanation: The Vienna Convention applies not only to diplomats but also to both military and civilian personnel from the military departments, who are present in the country under the authority of the chief of the diplomatic mission.

Q2. With reference to the global corporate minimum tax proposal, 
which of the following statements is/are incorrect?
  1. The proposal aims to encourage tax-motivated profit shifting and tax base erosion by multinational corporations.
  2. The proposal was introduced by the Organisation for Economic Co-operation and Development in 2021.

Select the correct answer using the code given below:

  1. 1 only
  2. 2 only
  3. Both 1 and 2
  4. Neither 1 nor 2
CHECK ANSWERS:-

Answer: a

Explanation: Statement 1 is incorrect as the proposal is designed to discourage tax-motivated profit shifting and tax base erosion by multinational corporations

Q3. With reference to the Antarctic krill, 
consider the following statements:
  1. Antarctic krill are small, shrimp-like marine crustaceans found in the waters surrounding Antarctica.
  2. They are a keystone species in the Southern Ocean, serving as a primary food source for various marine creatures, including whales, seals, and penguins.
  3. It is listed as “Vulnerable” on the IUCN Red List.

How many of the statements given above are correct?

  1. Only one
  2. Only two
  3. All three
  4. None
CHECK ANSWERS:-

Answer: b

Explanation: Antarctic krill are indeed small crustaceans vital to the Southern Ocean’s ecosystem, including various marine animals. They are listed as “Least Concern” on the IUCN Red List.

Q4. With reference to the Gaza Strip, which of the following 
statements is/are correct?
  1. The Gaza Strip is located on the Mediterranean coast, bordered by Israel and Egypt.
  2. The United Nations has recognized the Gaza Strip as an independent state.

Select the correct answer using the code given below:

  1. 1 only
  2. 2 only
  3. Both 1 and 2
  4. Neither 1 nor 2
CHECK ANSWERS:-

Answer: a

Explanation: The UN has not recognized the Gaza Strip as an independent state. It is considered a Palestinian territory. Therefore, statement 2 is incorrect.

Q5. Arrange the following cities of South-East Asian countries from south to north?
  1. Manila
  2. Naypyidaw
  3. Jakarta
  4. Singapore

Select the correct answer using the code given below:

  1. 3-1-4-2
  2. 1-3-4-2
  3. 3-4-1-2
  4. 1-4-3-2
CHECK ANSWERS:-

Answer: c

Explanation: The arrangement of the cities of South-East Asian countries from south to north is – Jakarta, Singapore, Manila, and Naypyidaw.

Comments

Leave a Comment

Your Mobile number and Email id will not be published.

*

*