Weekly Current Affairs (8th to 14th January 2023) Part - 2 | Current Affairs & Hindu Analysis: Daily, Weekly & Monthly - UPSC PDF Download

Assisted Reproductive Technology

Context: The Kerala High Court has said that personal choice to build a family is a fundamental right and fixing an upper age limit for the same was a restriction which needs a relook.

What is the Issue?

• The court passed the directive while disposing of a batch of petitions challenging the age limit of 50 years for women and 55 years for men prescribed under the Assisted Reproductive Technology (ART) (Regulation) Act, 2021, for undergoing the assisted reproductive technology.
• According to the petitioners, prescription of the upper age limit under Section 21 (G) of the ART Act is irrational, arbitrary, unreasonable and violative of their right to reproduction, which is acknowledged as a fundamental right.
• They sought to declare it as unconstitutional.
• The High Court has directed the National Assisted Reproductive Technology and Surrogacy Board to alert the Union government about the need for having a relook at the upper age limit prescribed for using assisted reproductive technology.
• Apart from this, the petitioners have also challenged the provision wherein medical practitioners have been brought within the purview of the Indian Penal Code (IPC) and offences have been made cognizable.
• These provisions are having a chilling effect on IVF practitioners across the country dissuading them from performing their professional duties due to the fear of prosecution.

What are the Provisions of the ART (Regulation) Act, 2021?

Legal Provisions:

• The ART (Regulation) Act 2021 provides a system for the implementation of the law on surrogacy by setting up of the National Assisted Reproductive Technology and Surrogacy Board.
• The Act aims at the regulation and supervision of ART clinics and assisted reproductive technology banks, prevention of misuse, and safe and ethical practice of ART services.

Definition of ART Services:

• The Act defines ART to include all techniques that seek to obtain a pregnancy by handling the sperm or the oocyte (immature egg cell) outside the human body and transferring the gamete or the embryo into the reproductive system of a woman. These include gamete donation (of sperm or egg), in vitro fertilization (IVF), and gestational surrogacy.
• ART services will be provided through: (i) ART clinics, which offer ART related treatments and procedures, and (ii) ART banks, which collect, screen and store gametes.

Eligibility Criteria for Donors:

• A bank may obtain semen from males between 21 and 55 years of age, and eggs from females between 23 and 35 years of age. The woman may donate eggs only once in her life and not more than seven eggs may be retrieved from her. A bank must not supply gamete of a single donor to more than one commissioning party (i.e., couples or single women seeking services).

Conditions for Offering Services:

• ART procedures must be conducted only with the written consent of the commissioning parties and the donor. The commissioning party will be required to provide insurance coverage in favour of the egg donor (for any loss, damage, or death).

Rights of a child born through ART:

• A child born through ART will be deemed to be a biological child of the commissioning couple and will be entitled to the rights and privileges available to a natural child of the commissioning couple. A donor will not have any parental rights over the child.

Shortcomings:

• Exclusion of Unmarried and Heterosexual Couples: The Act excludes unmarried men, divorced men, widowed men, unmarried yet cohabiting heterosexual couples, trans persons and homosexual couples (whether married or cohabiting) from availing ART services. This exclusion is relevant as the Surrogacy Act also excludes above said persons from taking recourse to surrogacy as a method of reproduction.
• Reduces the Reproductive Choices: The Act is also limited to those commissioning couples who are infertile - those who have been unable to conceive after one year of unprotected coitus. Thus, it is limited in its application and significantly reduces the reproductive choices of those excluded.
• Unregulated Prices: The prices of the services are not regulated, this can certainly be remedied with simple directives.

Way Forward

• Mandatory counselling should be provided by independent organizations, not by clinic ethics committees.
• All ART bodies should be bound by the directions of central and state governments in the national interest, friendly relations with foreign states, public order, decency and morality.
• All the constitutional, medico-legal, ethical and regulatory concerns raised must be thoroughly reviewed before affecting millions.

Ladakh’s Demand of Sixth Schedule

Context: Recently, the Ministry of Home Affairs (MHA) constituted a high-powered committee for the Union Territory of Ladakh to “ensure protection of land and employment” for the people of Ladakh.

• According to a few members of the committee, the MHA's order is vague and does not address their demand for inclusion in the Sixth Schedule.
• In September 2019, the National Commission for Scheduled Tribes recommended the inclusion of Ladakh under the Sixth Schedule, noting that the new UT was predominantly tribal (more than 97%) and its distinct cultural heritage needed preservation.

Why was the Committee Formed?

Background:

• Civil society groups in Ladakh have been demanding protection of land, resources and employment for the past three years after the special status of the erstwhile State of Jammu and Kashmir under Article 370 of the Constitution was revoked by Parliament in 2019.
• The fear of big businesses and conglomerates taking away land and jobs from the local people have contributed to this demand.

Purpose:

• To discuss measures to protect the region’s unique culture and language taking into consideration its geographical location and strategic importance.
• To strategize inclusive development and discuss issues related to the empowerment of the Ladakh Autonomous Hill District Councils of Leh and Kargil.

What is the Government’s Stand?

• As far as special status for Ladakh is concerned, the government is not very eager to give it.
  • The MHA informed a parliamentary standing committee recently that the objective for inclusion of tribal population under the sixth schedule is to ensure their overall socio-economic development, which the UT administration has already been taking care of and that sufficient funds are being provided to Ladakh to meet its overall developmental requirements.
• According to the Ministry of Home Affairs, Ladakh’s inclusion in the Sixth Schedule would be difficult.
  • The Constitution is very clear, Sixth Schedule is for the Northeast. For tribal areas in the rest of the country, there is the Fifth Schedule.
• According to a recent report tabled in Rajya Sabha, Ladakh administration recently increased the reservation for the Scheduled Tribes in direct recruitment from 10% to 45% which will significantly help the tribal population in their development.
• However, it remains the prerogative of the government — it can, if it so decides, bring a Bill to amend the Constitution for this purpose.

What is the Sixth Schedule?

• Article 244: The Sixth Schedule under Article 244 provides for the formation of autonomous administrative divisions — Autonomous District Councils (ADCs) — that have some legislative, judicial, and administrative autonomy within a state.
  • The Sixth Schedule contains special provisions for the administration of tribal areas in the four north-eastern states of Assam, Meghalaya, Tripura and Mizoram.
• Autonomous Districts: The tribal areas in these four states have been constituted as autonomous districts. The governor is empowered to organise and re-organise the autonomous districts.
  • The acts of Parliament or the state legislature do not apply to autonomous districts or apply with specified modifications and exceptions.
  • The power of direction, in this regard, lies either with the President or Governor.
• District Council: Each autonomous district has a district council consisting of 30 members, of whom four are nominated by the Governor and the remaining 26 are elected on the basis of adult franchise.
  • The elected members hold office for a term of five years (unless the council is dissolved earlier) and nominated members hold office during the pleasure of the governor.
  • Each autonomous region also has a separate regional council.
• Powers of the Council: The district and regional councils administer the areas under their jurisdiction.
  • They can make laws on certain specified matters like land, forests, canal water, shifting cultivation, village administration, the inheritance of property, marriage and divorce, social customs and so on. But all such laws require the assent of the Governor.
  • They can constitute village councils or courts for trial of suits and cases between the tribes. They hear appeals from them. The jurisdiction of the high court over these suits and cases is specified by the governor.
  • The district council can establish, construct or manage primary schools, dispensaries, markets, ferries, fisheries, roads and so on in the district.
  • They are empowered to assess and collect land revenue and to impose certain specified taxes.

Delegated Legislation

Context: In the Supreme Court judgement on the Central Government’s decision of demonetisation, the majority ruling upheld the validity of the delegated legislation while the dissenting verdict noted that excessive delegation of power is arbitrary.

What is Delegated Legislation?

About:

• Since the Parliament cannot deal with every aspect of the governance system by themselves, they delegate these functions to the authorities established by law. This delegation is noted in statutes, commonly called delegated legislations.
• E.g. - Regulations and by-laws (law made by a local authority which applies only in its area) under legislations.

SC’s View on Delegated Legislation:

• The SC in Hamdard Dawakhana v Union of India (1959) case struck down delegation of powers on the grounds that it was vague.
  • It held that the Centre’s power of specifying diseases and conditions under Drug and Magic Remedies (Objectionable Advertisements) Act 1954 is ‘uncanalised’, ‘uncontrolled’, and going beyond the permissible boundaries of valid delegation. Hence, the same was deemed unconstitutional.
• The Supreme Court in a 1973 ruling held that the concept of delegated legislation has evolved out of practical necessity and pragmatic needs of a modern welfare State.

Delegated Legislation in Demonetisation Case:

• As per the RBI Act, 1934 (Section 26(2)) the Central govt. is empowered to notify ceasing a particular denomination of currency as legal tender.
  • Parliament, here, has delegated the power to alter the nature of legal tender to the central govt. which the latter exercised by issuing a gazette notification (legislative basis).
• This delegation of power to the Centre was challenged on the basis that Section 26(2) contains no policy guidelines on how the Centre can exercise its powers, thus it is arbitrary (and unconstitutional).

What is the Significance and Criticism of Delegated Legislation?

Significance:

• It allows flexibility and adaptability in the law-making process. By delegating certain powers, the legislature can respond more quickly and efficiently to changing circumstances and emerging issues.
• Delegated authorities with extra skills, experience, and knowledge (in fields like technology, environment etc. where the Parliament may not always have an expertise) are more suitable for making law.

Criticism:

• It can lead to a lack of accountability/transparency in the law-making process as laws made by executive agencies/administrative bodies are not subjected to the same level of public scrutiny and debate as laws made by legislature.
• Additionally, it can also lead to a concentration of power in the executive and administrative branches of government, which may undermine the principle of separation of powers.
• However, certain types of delegated legislation, such as ordinances must be approved by the legislature.

Way Forward

• Parliamentary control over delegated legislation in India is not as effective, there are no statutory provisions regarding ‘laying’ of delegated legislation.
  • It is necessary to strengthen the committees of the Parliament and a separate law providing for uniform rules for delegating powers be enacted.
• Moreover, the citizens can ensure accountability and transparency in delegated legislation by staying informed about the laws and regulations being proposed and implemented by executive agencies and administrative bodies.
  • They can also participate in public consultations and comment periods and hold the government accountable through their elected representatives.
• Additionally, the media can play a vital role in bringing attention to any issues with delegated legislation and providing a platform for public discourse.

Human Rights Watch’s World Report 2023

Context: Recently, the Human Rights Watch in its World Report 2023 (33rd edition) said that Indian authorities had “intensified and broadened” their crackdown on activist groups and the    media throughout year 2022.

• It also claimed that the current Central ruling party used abusive and discriminatory policies to repress minorities.

What are Human Rights?

• Human Rights are rights inherent to all human beings, regardless of race, sex, nationality, ethnicity, language, religion, or any other status.
  • These include the right to life and liberty, freedom from slavery and torture, freedom of opinion and expression, the right to work and education, and many more.
• The National Human Right Commission (NHRC) of India defines Human Rights as rights relating to life, liberty, equality and dignity of the individual guaranteed by the Constitution or embodied in the International Covenants and enforceable by courts in India.

What is the Human Rights Watch?

• Human Rights Watch (HRW) is an international non-governmental organisation founded in 1978 as “Helsinki Watch,” initially aimed at investigating rights abuses in countries that signed the Helsinki Accords.
  • Currently, its ambit has expanded to about 100 countries worldwide.
  • It is headquartered in New York City.
• Helsinki Accords (1975) was a major diplomatic agreement signed in Helsinki, Finland, at the conclusion of the first Conference on Security and Co-operation in Europe (now Organization for Security and Co-operation in Europe).
  • Primarily an effort to reduce tension between the Soviet and Western blocs, they were signed by all the countries of Europe, the US and Canada.
  • The agreement made the 35 signatory nations pledge to respect human rights and fundamental freedoms.

What are the World Report 2023’s Findings about India?

Violation of Human Rights by Government:

• The report found the Central govt. promoting Hindu majoritarian ideology, provoking authorities and supporters to engage in discriminatory and at times violent actions against religious minorities.
• It highlighted the government’s discriminatory stance toward minority communities in cases of violence against women (release of Bilkis Bano rape convicts).
• Even after 3 years of removal of Article 370 and subsequent creation of two UTs (J&K and Ladakh), “the government continued to restrict free expression and peaceful assembly” in the two UTs.
  • Authorities also invoked the J&K Public Safety Act and Unlawful Activities Prevention Act (UAPA), 1967 to “arbitrarily” detain journalists and activists.
  • It also referred to suspected militant attacks on minority Hindu and Sikh communities in the Kashmir Valley.

Welcoming of Various SC Rulings:

• HRW appreciated the increasingly liberal steps taken by the Supreme Court of India such as the ruling to halt all use of the colonial-era Sedition law.
• It also referred to the SC’s ruling on extending abortion rights to all women regardless of marital status and widening the definition of a family to include same-sex couples, single parents, and other households.
• It also took note of the SC’s banning of the two-finger tests in a step to protect survivors of sexual assault.
  • However, the SC did not reach a verdict on the rights of Muslim female students of wearing a hijab in educational institutions.

What are India’s Initiatives for Human Rights?

• Provisions in the Constitution:
  • Fundamental Rights: Articles 14 to 32
  • Directive Principles of State Policy: Including the right to social security, right to work, to free choice of employment, and protection against unemployment, right to equal pay for equal work, right to existence worthy of human dignity, right to free & compulsory education, equal justice & free legal aid etc.
• Statutory Support:
  • Protection of Human Rights Act (PHRA), 1993 (amended in 2019). NHRC was established under this Act.
• Role in International Convention:
  • India took an active part in drafting of the Universal Declaration of Human Rights (UDHR).
  • India has also ratified the International Covenant on Economic, Social and Cultural Rights (ICESCR) and International Covenant on Civil and Political Rights (ICCPR)

What are Other Similar Reports?

• Human Rights Report on India 2021 (by US State Department).
• Freedom in the World 2021 Report (by US based Freedom House).
• Democracy Report 2022 (by V-Dem Institute at University of Gothenburg, Sweden).

India-US Trade Policy Forum

Context: Recently, the Union Minister of Commerce and Industry of India and the US Trade Representative Ambassador co-chaired the 13th Ministerial-level meeting of India – US Trade Policy Forum (TPF) in Washington D.C.

What is the India-US TPF?

About:

• The India-US TPF aims to activate its working groups in the fields of agriculture, non-agriculture goods, services, investment, and intellectual property to meet frequently and address issues of mutual concern in a mutually beneficial manner.
• The idea is to deliver tangible benefits to both countries by resolving outstanding market access issues.

Highlights of the Meeting:

• While the two sides appreciated the rise in bilateral trade in goods and services (which reached ~160 billion USD in 2021), they also recognised that for economies of their size, significant potential still remains unfulfilled.
• The US welcomed India’s participation in the Indo-Pacific Economic Framework for Prosperity (IPEF).
• Both the countries have like-minded views about the efficiency of IPEF for continued growth, peace, and prosperity in the Indo-Pacific region.
• The Ministers welcomed the finalization of the Turtle Excluder Device (TED) design with the technical support of the National Oceanic and Atmospheric Administration (NOAA).
• The TED will help in minimizing the impact of fishing on sea-turtle populations.
• A new TPF Working Group on Resilient Trade was launched to help the officials deepen bilateral dialogue on a range of issues. Till the next TPF Ministerial meeting, it will focus on:
  • Trade facilitation
  • Promotion of labour rights and workforce development
  • Circular economy; role of trade in environment protection

How are India’s Trade Ties with the US?

• India-US bilateral partnership today encompasses a whole host of issues including the response to Covid-19, economic recovery post-pandemic, the climate crisis and sustainable development, critical and emerging technologies, supply chain resilience, education, the diaspora, and defence and security.
• The US is India’s largest trading partner and most important export market. It is one of the few countries with which India has a trade surplus. In 2021-22, India had a trade surplus of USD 32.8 billion with the US.
• Although India and the US have quite contradictory responses towards the Russia-Ukraine crisis, the two have underscored their commitment to continue to build on the momentum of recent years and not lose sight of the larger strategic picture.

Ganga Vilas Cruise

Context: Recently, the Prime Minister of India flagged off the world’s longest river cruise, MV Ganga Vilas in Varanasi.

• During the event, the Prime Minister also inaugurated Tent City in Varanasi and laid the foundation stones for several other inland waterways projects.

Ganga Vilas Cruise: What You Need to Know?

About:

• The cruise will be managed by private operators, the Inland Waterways Authority of India (IWAI), under the Ministry of Shipping, Ports and Waterways (MoPSW) has supported the project.
• It will explore forty historic sites on the banks of the river Ganga including, Mahabodhi temple, Hazarduari Palace, Katra Masjid, Bodh Gaya, Chandanagar church, Char Bangla Temple and more.
• Besides connecting National Waterway 1 (NW-1) which includes Ganga and National Waterway 2 (NW-2) on Brahmaputra, the cruise will cross 27 river systems.
  • The Ganga - Bhagirathi-Hooghly River system between Haldia (Sagar) and Allahabad (1620 km) was declared as NW-1 in 1986.
• The 51 days cruise is planned with visits to 50 tourist spots including World Heritage Sites, National Parks, River Ghats, and major cities like Patna in Bihar, Sahibganj in Jharkhand, Kolkata in West Bengal, Dhaka in Bangladesh and Guwahati in Assam.

Significance:

• The sector would generate employment opportunities in the hinterland.
• The project will boost river cruise tourism and bring about a new age of tourism for India. The cruise has been curated to showcase the best of India to the world.
• The journey will give foreign tourists an opportunity to embark upon an experiential voyage and indulge in the art, culture, history, and spirituality of India and Bangladesh.

What is the Inland Waterways Authority of India?

• It came into existence on 27th October 1986 for the development and regulation of inland waterways for shipping and navigation.
• It primarily undertakes projects for development and maintenance of IWT infrastructure on national waterways through grants received from the Ministry of Shipping.
• It is headquartered in Noida with regional offices at Patna (Bihar), Kolkata (West Bengal), Guwahati (Assam) and Kochi (Kerala) and sub-offices at other places throughout India.

FSSAI Standards for Basmati Rice

Context: For the first time in India, the Food Safety and Standards Authority of India (FSSAI) has specified the identity standards for Basmati Rice which will be enforced with effect from 01 August 2023.

What are the Characteristics of Basmati Rice?

• Basmati has its origin from India (and some parts of Pakistan); it is a premium variety of rice cultivated in the Himalayan foothills of the Indian subcontinent.
• It is universally known for its long grain size, fluffy texture and unique inherent aroma and flavour.
• It is cultivated in Himachal Pradesh, Punjab, Haryana, Delhi, Uttarakhand, Madhya Pradesh, UT of Jammu and Kashmir and western Uttar Pradesh.
• Agro-climatic conditions of the areas where Basmati rice is grown; as well as the method of harvesting, processing and ageing of the rice contribute to the uniqueness of Basmati rice.
• Basmati is widely consumed both domestically and globally and India accounts for 2/3rd of its global supply.
• Being a premium quality rice and fetching a price higher than the non-basmati varieties, Basmati rice is prone to various types of adulteration for economic gains such as undeclared blending of other non-basmati varieties of rice.

What are the Standards for Basmati Rice?

• The standards have been notified under Food Safety and Standards (Food Products Standards and Food Additives) First Amendment Regulations, 2023.
  • They are aimed at establishing fair practices in the trade of Basmati rice and protecting consumer interest, both domestically and globally.
• Standards:
  • Basmati rice shall possess the natural fragrance characteristic of basmati rice
  • Basmati rice has a unique fragrance and flavour due to the presence of a chemical called 2-acetyl-1-pyrroline.
• It should be free from artificial colouring, polishing agents and artificial fragrances.
• Further, these standards also specify the average size of Basmati grains and their elongation ratio after cooking; maximum limits of moisture, amylose content, uric acid, defective/damaged grains and incidental presence of other non-basmati rice etc.