UPSC Daily Current Affairs- 1st November 2022 | Current Affairs & Hindu Analysis: Daily, Weekly & Monthly PDF Download

GS-II

Case of Citizenship to Stateless Indian origin Tamils

Context

The Supreme Court of India has now posted the 232 petitions challenging the Citizenship (Amendment) Act (CAA) to be heard on December 6, 2022. However, there is another issue linked to the subject, i.e., the unresolved status of Indian origin Tamils who repatriated from Sri Lanka.

Present status of Sri Lankan refugees in India

• For over four decades, Indian origin Tamils have been classified as stateless persons, based on technicalities. Nations High Commission for Refugees, “Comprehensive Solutions Strategy for Sri Lankan Refugees”, there are around 29,500 Indian origin Tamils currently living in India.

Historical background of citizenship to Indian origin Tamils

• As Indentured plantation workers: Indian origin Tamils were brought in as indentured labourers to work in plantations. They remained mostly legally undocumented and socially isolated from the native Sri Lankan Tamil and Sinhalese communities due to the policies of the British.
• Denied citizenship led to stateless population: After 1947, Sri Lanka witnessed rising Sinhalese nationalism, leaving no room for their political and civil participation. They were denied citizenship rights and existed as a ‘stateless’ population, numbering close to 10 lakhs by 1960.
• Bilateral pacts granted citizenship: As an ethnolinguistic minority without voting rights, this resulted in a double disadvantage till the two national governments addressed this issue. Subsequently, under the bilateral Sirimavo-Shastri Pact (1964) and the Sirimavo-Gandhi Pact (1974), six lakh people along with their natural increase would be granted Indian citizenship upon their repatriation.
• Civil wars forcing to seek asylum in India: The Sri Lankan civil war resulted in a spike in Sri Lankan Tamils and Indian origin Tamils together seeking asylum in India. This resulted in a Union Ministry of Home Affairs directive to stop the grant of citizenship to those who arrived in India after July 1983.
• Focus on Refugee welfare and rehabilitation: The focus of the Indian and Tamil Nadu governments shifted to refugee welfare and rehabilitation. The legal destiny of Indian origin Tamils has been largely intertwined with that of Sri Lankan Tamil refugees, and both cohorts have been relegated to ‘refugee’ status.
• Classified as Illegal migrants as per the CAA 2003: Indian origin Tamils who arrived after 1983 came through unauthorized channels or without proper documentation and came to be classified as ‘illegal migrants’ as per the CAA 2003. This classification has resulted in their statelessness and blocking of potential legal pathways to citizenship.

How to overcome the problem of statelessness?

• While constitutional courts have not had an occasion to deal with the question of statelessness, there have been two recent judgments (Madurai Bench of the Madras High Court, Justice G.R. Swaminathan), taking these issues head on.
• Judgment on P. Ulaganathan vs Government of India (2019): The status of citizenship of Indian origin Tamils at the Kottapattu and Mandapam camps came up for consideration. The court recognized the distinction between Indian origin Tamils and Sri Lankan Tamils and held that a continuous period of statelessness of Indian origin Tamils offends their fundamental right under Article 21 of the Constitution of India. The court further held that the Union Government has implied powers to grant relaxation in conferring citizenship and prescribed that a humanitarian approach, shorn of the rigors of law, should be adopted.
• Abirami S. vs The Union of India 2022: Statelessness is something to be avoided. The court further held that the principles of the CAA, 2019, which relaxes the conditions for citizenship for Hindus from Afghanistan, Pakistan and Bangladesh, would also apply to Sri Lankan Tamil refugees. As such, these judgments have provided categorial judicial guidance to the Union of India on how to utilize an expanded and liberal interpretation of the CAA, 2019 to overcome statelessness.
• Supreme Court (Committee for C.R. of C.A.P. and Ors. vs State of Arunachal Pradesh 2015): An undertaking made by the Government of India with respect to grant of citizenship inheres a right in the stateless or refugee population. As such, India has made repeated undertakings, through the 1964 and 1974 pacts, which have created a legitimate expectation among the Indian origin Tamils and would entitle them to be granted citizenship.
• Obligatory International customary law: The situation of statelessness of Indian origin Tamils is ‘de jure’, created from the failure in implementing the 1964 and 1974 pacts. De jure statelessness is recognized in international customary law. Therefore, India has an obligation to remedy the situation.

How other nations deals with statelessness situation?

• United States: Remedying statelessness is not a novel process in law. While dealing with a similar situation, in 1994, the United States enacted the Immigration and the Nationality Technical Corrections Act to retroactively grant citizenship to all children born to an alien father and citizen mother.
• Brazil: Through the Constitutional Amendment No. 54 of 2007 retroactively, Brazil granted citizenship to children under jus sanguinis, which was earlier stripped by an earlier amendment, i.e., Constitutional Amendment No. 3 of 1994.

What India can do?

• Any corrective legislative action by the Government of India to eliminate statelessness should necessarily include retroactive citizenship for Indian origin Tamils.

Conclusion

India has provided the one of largest refuge to people in the world including Tibetan, Sri Lankan, Pakistani, and Bangladeshi. Despite not being a signatory to UN refugee convention. any decision of granting citizenship has to be based on national interest rather than emotional connect.

Source: The Hindu

Context

An internal study commissioned by the Ministry of Rural Development has argued for decentralization of the Mahatma Gandhi National Rural Employment Guarantee Scheme (MGNREGS), allowing for more “flexibility” at the ground level.

Key recommendations to revamp MGNREGS

• Work diversification: There should be a greater diversification of permissible works instead of listing the types of permissible works.
• Broad categories of works may be listed out.
• Flexibility should be given at ground level to select the type of works as per broad categories.

What is MGNREGS?

• The MGNREGA stands for Mahatma Gandhi National Rural Employment Guarantee Act of 2005.
• This is labour law and social security measure that aims to guarantee the ‘Right to Work’.
• The act was first proposed in 1991 by P.V. Narasimha Rao.

What is so unique about it?

• MGNREGA is unique in not only ensuring at least 100 days of employment to the willing unskilled workers, but also in ensuring an enforceable commitment on the implementing machinery i.e., the State Governments, and providing a bargaining power to the labourers.
• The failure of provision for employment within 15 days of the receipt of job application from a prospective household will result in the payment of unemployment allowance to the job seekers.
• Any Indian citizen above the age of 18 years who resides in rural India can apply for the NREGA scheme. The applicant should have volunteered to do unskilled work.
• Employment is to be provided within 5 km of an applicant’s residence, and minimum wages are to be paid.
• Thus, employment under MGNREGA is a legal entitlement.

Why imbibe some changes?

•  Empowering Gram Sabhas
  • The fund management has been centralised instead of paying the Gram Sabhas.
  • The Gram Sabhas could better decide the work they want to undertake.
  • The Sabhas can take into account the local conditions and the community’s requirement instead of chasing a target set for them.
• Prevent delays in fund disbursal
  • The internal study also flagged the frequent delay in fund disbursal, and to deal with it suggested a revolving fund that can be utilised whenever there is a delay in the Central funds.
  • The survey quoted various instances to underline this chronic problem.
• Prevent delay in wages
  • In Himachal Pradesh and Gujarat, the delay in wages was by three or four months and the material component by six months.
  • The study also noted that the MGNREGS wages were far below the market rate in many States, defeating the purpose of acting as a safety net.

Source: The Hindu

Context

• Brazilian leftist leader Luiz Inacio Lula da Silva narrowly defeated President Jair Bolsonaro in a run-off election.
• The Supreme Electoral Court declared Mr. Lula the next President, with 50.9% of votes against 49.1% for Mr. Bolsonaro.

Presidential Election in Brazil

Electoral system

• Brazil is a presidential republic. The president and state governors are elected by an absolute majority with a run-off election, if necessary.
• The president and state governors may serve for two consecutive four-year terms.
• The Constitution does not prohibit a third non-consecutive term. Hence, they may run again after a subsequent four-year term.
• The Constitution defines three electoral systems for different positions, which are detailed in the Electoral Code:
• A simple majority system is used to elect senators;
• An absolute majority system is used to elect the president and governors; and
• A proportional representation system is used to elect federal districts & state deputies.
• Elections for the 81-member Federal Senate take place every four years, alternately for one-third and two-thirds of its members.
• At the election, held recently, one-third, or 27, senators are to be chosen.

Voting eligibility

• Voting is compulsory in Brazil for all those who are literate and aged between 18 and 70. The Electoral Code defines the civil penalties for eligible voters if they fail to vote.
• People aged 16 to 17 or older than 70 or who cannot read or write can cast a ballot if they wish.

Election Process

• Under Brazil's election rules, if no candidate in the elections for president and governors receives more than 50% of the vote, there will be a second round.
• In the current election, held on October 2, none of the contesting candidates was able to secure at least 50% of the votes.
• Hence, the top two - leftist former leader Lula and incumbent far-right president Bolsonaro - advance to a second-round election, held on Oct. 30.
• After becoming the President, Lula will have to face the following key challenges:
  • Faltering economy
  • Worsening joblessness
  • Rising inflation
  • Rising government debt
  • Widening political differences

Source: The Hindu

Context

• The Ministry of Electronics and IT (MeitY) has notified amendments to the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 on October 28.

Background:

• Intermediaries are entities that store or transmit data on behalf of other persons, and include telecom and internet service providers, online marketplaces, search engines, and social media sites.
• The Information Technology Act, 2000 was amended in 2008 to provide an exemption to intermediaries from liability for any third-party information.
• Following this, the IT (Intermediary Guidelines) Rules, 2011 were framed under the IT Act to specify the due diligence requirements for intermediaries to claim such exemption.
• Later on, Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 were notified in February, 2021, to replace the 2011 Rules.

IT (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021:

• The rules were notified by the MeitY in February, 2021.
• The Rules provide the due diligence to be followed by an intermediary (including social media intermediary) while discharging its duties, Grievance Redressal Mechanism and Digital Media Code of Ethics.
• Due Diligence to be followed by Intermediary –
  • Prominently publish on its website (or mobile based application or both), the rules and regulations, privacy policy and user agreement for access or usage of its computer resource by any person;
  • The rules have modified the categories of content that users are not allowed to upload or share.
  • Periodically (at least once in a year) inform its users of its rules and regulations, privacy policy or user agreement or any change in the rules and regulations, privacy policy or user agreement.
• Grievance Redressal Mechanism of Intermediary –
  • The intermediary must ensure to prominently publish on its website/mobile based application, the name of the Grievance Officer and his contact details.
  • It must provide a mechanism by which a user or a victim may make complaint against violation of the provisions of this rule or any other matters pertaining to the computer resources made available by it.
  • Grievance Officer shall acknowledge the complaint within 24 hours and resolve it within fifteen days from its receipt.
• Additional Due Diligence for Significant Social Media Intermediary –
  • Intermediaries with registered users above a notified threshold will be classified as significant social media intermediaries (SSMIs).
  • SSMI shall appoint a Chief Compliance Officer who shall be responsible for ensuring compliance with the Act.
  • SSMI shall appoint a nodal contact person for 24×7 coordination with law enforcement agencies and officers.
• Identifying the first Originator of Information –
  • An SSMI which primarily provides messaging services (for example WhatsApp), must enable the identification of the first originator of information within India on its platform.
• Ensuring Online Safety and Dignity of Users –
  • Intermediaries shall remove or disable access within 24 hours of receipt of complaints of contents that exposes the private areas of individuals, show such individuals in full or partial nudity or in sexual act or is in the nature of impersonation including morphed images etc.
  • Such a complaint can be filed either by the individual or by any other person on his/her behalf.
• Oversight Mechanism –
  • Ministry of Information and Broadcasting shall formulate an oversight mechanism.
  • It shall publish a charter for self-regulating bodies, including Codes of Practices. It shall establish an Inter-Departmental Committee for hearing grievances.

Need for amendments to the IT Rules, 2021:

• First, there was a need to ensure that the interests and constitutional rights of netizens are not being contravened by big tech platforms.
• Second, to further strengthen the grievance redressal framework in the Rules.
• Third, compliance with IT Rules should not impact early-stage start-ups.

Amendments to the IT Rules, 2021:

• The amendments have put additional obligations on the Social Media Intermediaries (SMI) to ensure better protection of user interests.
  • The original IT Rules, 2021 obligated the SMIs to merely inform its users of the “rules and regulations, privacy policy and user agreement” that governed its platforms.
  • This obligation on the SMIs has now been extended to ensuring that its users are in compliance with the relevant rules of the platform.
  • Further, SMIs are required to “make reasonable” efforts to prevent prohibited content being hosted on its platform by the users.
  • To a large extent, this enhances the responsibility and concomitantly the power of SMIs to police and moderate content on their platforms.
• SMIs are also now obligated to “respect all the rights accorded to the citizens under the Constitution, including in the Articles 14, 19 and 21”.
  • Given the importance of SMIs in public discourse and the implications of their actions on the fundamental rights of citizens, the horizontal application of fundamental rights is appreciable.
• SMIs are now obligated to remove information or a communication link in relation to the six prohibited categories of content as and when a complaint arises.
  • They have to remove such information within 72 hours of the complaint being made.
  • Given the virality with which content spreads, this is an important step to contain the spread of the content.
• Lastly, “rules and regulations, privacy policy and user agreement” of the platform should be made available in all languages listed in the eighth schedule of the Constitution.

Source: The Hindu 

GS-III

Context

According to Uttar Pradesh Government, Dolphins have started coming back to the Ganga river with improvement in the quality of its water through the Namami Gange programme

About:

• The Gangetic Dolphin is a fresh-water species, and one of the few river dolphins found in the world.
• It inhabits the Ganges-Brahmaputra-Meghna and Karnaphuli-Sangu river systems of Nepal, India, and Bangladesh.
• Common Names:Blind dolphin, Ganges dolphin, Ganges susu, hihu, side-swimming dolphin, South Asian River Dolphin
• Scientific name:Platanista gangetica
• The Gangetic Dolphin has been recognized as India's National Aquatic Animal and is the official animal of the Indian city of Guwahati.

Description:

• A long thin snout, rounded belly, stocky body and large flippers are characteristics of the Ganges River dolphin.
• It feeds majorly on fishes and is are usually found in counter current systems of the main river channel.
• Its eyes lack lens, and as a result, this species is also referred to as the "blind dolphin".
• They have a highly developed bio sonar system that facilitates them to hunt for fish even in murky waters.
• Being a mammal, the Ganges River dolphin cannot breathe in the water and must surface every 30-120 seconds. Because of the sound it produces when breathing, the animal is popularly referred to as the 'Susu'.

Conservation status:

• The population of the Ganges dolphin is estimated to be a few hundred.
• IUCN Status: Endangered
• It is placed in Schedule-I of the Wildlife (Protection) Act
• It is  listed on CITES Appendix I, which lists species that are the most endangered among CITES-listed animals and plants.

Source: The Hindu

Context

• The recent clearance by the government for the release of GM Mustard Hybrid DMH 11 based on the recommendations of GEAC under the Ministry of Environment, Forests and Climate Change is a bold decision in the best interest of our farmers and the nation.

What are Genetically modified organisms (GMO)?

• Changes in genetic material: GMOs can be defined as organisms (i.e., plants, animals or microorganisms) in which the genetic material (DNA) has been altered in a way that does not occur naturally by mating and/or natural recombination
• Transfers of genes: It allows selected individual genes to be transferred from one organism into another, also between nonrelated species.
• GM foods: Foods produced from or using GM organisms are often referred to as GM foods
• GM Mustard: GM mustard crop was introduced, which was later withdrawn. There is a raging debate going on advantages and disadvantages of GMOs. For a long time, further study was requested by farmers, environmentalist on GMO crops.

Advantages of GM mustard?

• Benefits to producers and consumers: GM foods are developed and marketed because there is some perceived advantage either to the producer or consumer of these foods. This is meant to translate into a product with a lower price, greater benefit (in terms of durability or nutritional value) or both. Initially GM seed developers wanted their products to be accepted by producers and have concentrated on innovations that bring direct benefit to farmers (and food industry generally)
• Improves crop protection: One of the objectives for developing plants based on GM organisms is to improve crop protection.
• Insect Resistance: Some GMO foods have been modified to make them more resistant to insects and other pests. This means the amount of pesticide chemicals used on the plants are reduced, so their exposure to dangerous pesticides is also reduced
• Develops stronger Crop: Another benefit that GM technology is believed to bring about is that crops can be engineered to withstand weather extremes and fluctuations, this means that there will be good quality and sufficient yields even under a poor or severe weather condition
• Provides Environment Protection: GM crops often requires less time, tools and chemicals, and may help with reducing greenhouse gas emissions, soil erosion and environmental pollution
• More Nutritious Foods: According to the UN Food and Agricultural Organization (FAO), some GM foods have been engineered to become more nutritious in terms of vitamin or mineral content.
• More economic benefits: Larger production leading to increased farm income, reduced poverty, low food prices and thus reduced hunger and malnutrition. Besides new food products are also included, diversifying food varieties

What is the risk associated with GMO?

• Contamination of genes: GMOs contaminate forever. GMOs cross pollinate and their seeds can travel far and wide.
• Irreversible changes in gene pool: It is impossible to fully clean up our contaminated gene pool.
• More herbicides in our food: Genetic engineering allows plants to survive high doses of weed killers, resulting in higher herbicide residues in our food.
• Super weeds and super bugs: GMO crops are creating ‘super weeds’ and ‘super bugs,’ which can only be killed with more toxic poisons.

Why there was necessity to grant approval for GM Mustard?

• To meet our current challenges: Over-exploitation of natural resources (soil, water, biodiversity), declining factor productivity, urgency to achieve sustainable development goals, especially ending poverty and hunger, and addressing timely the adverse effects of climate change the best option is scientific innovations and their scaling.
• The adoption of GM food crops is in our broader national interest: Genetically modified maize, soybean, cotton, tomato and canola are grown across the world and the area currently under GM crops is about 200 m ha. Besides India, these have been grown for many years in the US, Brazil, Argentina, Canada, Australia, Philippines, Pakistan, Bangladesh, and China.
• To meet the existing deficit in edible oils: India is currently importing around 13 million tonnes at a cost of Rs 1.17 lakh crore to the exchequer. Interestingly, of this, 2.0-2.5 mt soybean oil and 1.0-1.5 mt canola oil is already GM. Hence, we are consuming GM oil already, besides, the 1.5 mt of GM cotton oil produced domestically.
• Associated health benefits: It is scientifically proven that the consumption of refined oil does not allow any protein to enter the human system. Thus, the consumption of GM oil is completely safe from a health point of view.
• High yields to farmers: A major concern of our farmers is that yields of mustard are low and have stagnated for a long time at around 1,260 kg/ha, much lower than the global average of 2,000 kg/ha. Yields of canola in Canada, China and Australia are almost three times higher than in India since they use GM hybrid technology. Mustard is a very important oilseed crop, grown in 6.0 -7.0 million hectares, mostly in Rajasthan, Haryana, Punjab and Madhya Pradesh. Thus, the government’s decision to allow the production of GM Mustard hybrids will go a long way in increasing our yields, while reducing the use of pesticides.

What else needs to be done?

• Providing enabling environment: The Department of Agriculture (DoA) and ICAR need to move forward fast and provide an enabling environment to test the available seed of Hybrid DMH 11 in the current rabi season.
• Encourage public-private partnership: This needs to happen on several farmers’ fields in the mustard belt. It must also encourage public-private partnerships to produce quality seeds to cover more area next year.
• Encouraging further innovation: Also, scientists at ICAR institutes must be encouraged to develop new GM Mustard hybrids on a mission mode. Allowing the production of GM Soybean and GM Maize going forward will also be a positive step, increasing both the productivity and profitability of these crops and doubling farmers’ income.

Conclusion

The decision to remove the unscientific ban on GM crops reflects the determination of the government to move towards Atmanirbhar Bharat. It also meets the aspirations of our scientific community and farmers can derive the benefits of innovative technology.

Source: DownTo Earth

RBI launches first pilot project for digital rupee

• The Reserve Bank of India (RBI) recently launched its first pilot project to use central bank digital currency (CBDC) in the wholesale market for secondary trade in government securities (G-secs) beginning November 1.
• Within a month, a second pilot project on retail use of the digital rupee will begin in closed user groups.

India’s Digital Currency Plans:

About a Central Bank Digital Currency (CBDC):

• If a virtual currency (be it a cryptocurrency) is recognised by the central bank it is known as the CBDC.
• CBDCs are the virtual or electronic form of fiat currencies (like the Indian rupee). Hence, a CBDC is the legal tender issued by a central bank in a digital form.
  • It would appear as a liability on a central bank’s balance sheet.
• Many countries are exploring CBDC, with the Bahamian Sand Dollar was the first to debut CBDC in 2020, while Jamaica's JAM-DEX was the most recent.

India’s approach to virtual currencies:

• In 2018, the RBI issued a directive prohibiting banks from providing services to the cryptocurrency ecosystem.
• The Supreme Court of India overturned this decision, calling it disproportionate given that such currencies were not prohibited in the country.
• A cryptocurrency law - the Cryptocurrency and Regulation of Official Digital Currency Bill, 2021 - that was supposed to be passed last year has yet to be enacted.
  • The bill seeks to prohibit all private cryptocurrencies in India.
  • However, it is expected to promote the underlying technology of cryptocurrency and its uses.
• Currently, there is no regulation or any ban on the use of cryptocurrencies in the country.
• In her 2022-23 Budget speech, the Finance Minister of India announced the launch of the Digital Rupee - a central bank digital currency (CBDC) - from 2022-23.

RBI’s announcement and its significance:

• The RBI announced that the first pilot in the Digital Rupee or e-rupee in the wholesale segment will commence in G-Secs from November 1, 2022.
• The pilot will include 9 banks: State Bank of India, Bank of Baroda, Union Bank of India, HDFC Bank, ICICI Bank, Kotak Mahindra Bank, Yes Bank, IDFC First Bank and HSBC.
• According to the RBI, the use case for this pilot is settlement of secondary market transactions in G-Secs.
• The use case for this pilot is expected to make the interbank market more efficient.
  • Settlement in central bank money lowers transaction costs by eliminating the requirement for settlement guarantee infrastructure or collateral to offset settlement risk.
• Based on the learnings from this one, a second pilot project on retail use of the digital rupee will begin in closed user groups within a month. Future pilots will concentrate on other wholesale transactions and cross-border payments.

 Source: Indian Express