Current Affairs

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‘Grey areas’ in law banning prenatal sex determination need fixing, says HC

Context: The Delhi High Court has remarked that certain aspects of the PreConception & PreNatal Diagnostic Techniques (Prohibition of Sex Selection) (PC & PNDT) Act need reconsideration for effective implementation of the Act. Court also remarked that “the low rate of conviction under the PC & PNDT Act poses a significant challenge, as it is incredibly arduous to prohibit prenatal diagnosis of sex”.

The problem of declining child sex ratio

Continuous decline in child sex ratio since 1961 Census is a matter of concern for the country. Beginning from 976 in 1961 Census, it declined to 927 in 2001. As per Census 2011 the Child Sex Ratio (0-6 years) has dipped further to 919 against 927 girls per thousand boys recorded in 2001 Census.

Important provisions of the Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994

The Pre-natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act was enacted on September 20, 1994 and the Act was further amended in 2003. The Act provides for the prohibition of sex selection ,before or after conception, and for regulation of pre-natal diagnostic techniques for the purposes of detecting genetic abnormalities or metabolic disorders or chromosomal abnormalities or certain congenital malformations or sex linked disorders and for the prevention of their misuse for sex determination leading to female foeticide and for matters connected therewith or incidental thereto.

The Act is implemented through the following implementing bodies:

Central Supervisory Board
State Supervisory Boards and Union Territory Supervisory Boards
Appropriate Authority for the whole or a part of the State or Union Territory
State Advisory Committee and Union Territory Advisory Committee
Advisory Committees for designated areas (part of the State) attached to each Appropriate Authority.
Appropriate Authorities at the District and Sub-District levels

Registration

Appropriate Authority of the district is responsible for registration of ultrasound diagnostic facilities.

Mandatory Displays at ultrasound centre

(1) Pre-conception and Pre-natal Diagnostic Techniques (PC and PNDT) Certificate: It is mandatory for every clinic or facility or hospital etc. registered under the Pre-conception and Pre-natal Diagnostic Techniques Act to display the certificate of registration at a conspicuous place at such Centre, Laboratory or Clinic.

(2) Signage, board or banner in English & local language indicating that foetal sex is not disclosed at the concerned facility.

(3) Copy of the Pre-conception and Pre-natal Diagnostic Techniques Act must be available in every ultrasound centre

Renewal of registration

(1) Every certificate of registration is valid for a period of 5 years

(2) Renewal of registration to be done 30 days before the date of expiry of the certificate of registration.

Mandatory maintenance of records: Register showing in serial order:

(1) Names and addresses of men or women subjected to pre-natal diagnostic procedure or test

(2) Names of their spouses or fathers

(3) Date on which they first reported for such counselling, procedure or test.

(4) A monthly report should be submitted to the Appropriate Authority regularly, before the 5th of every month. A copy of same monthly reports with the signature of the Appropriate Authority acknowledging receipt must be preserved.

Preservation of the following duly completed forms

Form F
Referral Slips of Doctors
Forms of consent
Sonographic plates or slides 9.

Record storage

All above records should be preserved for 2 years.

Powers of Appropriate Authority

(1) Appropriate Authority can enter freely into any clinic or facility for search and seizure.

(2) Examine and inspect of registers, records including consent forms, referral slips, Forms, sonographic plates or slides and equipment like ultrasonography machines.

(3) To ensure presence of at least two independent witnesses of the same locality or different locality during the search.

Concerns

Non-compliance with the legal requirements for operating the facility is rampant in many parts of India.
The primary reason for non-conviction is due to the inadequate legal expertise provided by the Public Prosecutor.
As per the 10th Common Review Mission Report of the National Health Mission , there are low conviction rates under this Act, due to lack of witnesses, insufficient evidence, and out-of-court settlements.
The ground-level people are more focused on clerical errors than working on the bigger picture of reducing female foeticide. This has led to many instances of harassment of radiologists and has also provided additional avenue for corruption.
Future technologies being developed for sex-determination, like testing of craniate cells in maternal blood, subtle techniques for sex-pre-selection, like electrolysis, Ericsson’s methodology, etc are presently not covered under the law.

Suggestions

Implementation of Act should be strengthened through regular survey and inspection.
Renewal of the registration should be done on the basis of track record of the compliance to the record keeping rules.
Regular meetings among various implementation bodies of state should be taken up.
Monitoring and evaluation process should be made robust by inclusion of PRI’s , NGO’s and community workers.
Capacity building various stakeholders like prosecutors, District appropriate authorities, community workers like ASHA’s etc, through training and media workshop should be undertaken.

Conclusion

The sex determination techniques and female infanticide is an inhumane act that needs to be curtailed by effective implementation of the PC PNDT Act. Protection of women and girl child should be priorities through effective implementation of public policies and regulations. There needs to be proper vigilance by the state and civil society to look after the declining sex ratio of the female population in the country.

Geopolitics of Indo-Pacific

Context: There was an assessment made by Central Intelligence Agency as per which China will likely launch its military mission against Taiwan sometime around 2027. It has made efforts to ready itself for this mission continue to make ripples among the tiny island nations of the South Pacific where it seeks to set up bases to tighten its grip in the region.

Recent Steps taken by China that highlights China flexing its muscle:

The Solomon Islands have been in the news recently with China trying to enter into a security pact with that country by persuading it to quit its present arrangement overseen by Australia. China has also been eyeing Vanuatu.
China has been trying to coerce the countries in the region to toe its line on Taiwan, especially when taken with Federated State of Micronesia.
Australia definitely has reasons to worry about China's attempts to win over the South Pacific island nations. Strategic access to these island nations could help China's military manoeuvres in the event of a conflict involving Australia or the US. This fear has been testified by China's deployment of its anti-ship ballistic missiles DF21 and DF21D.
China's recent manoeuvres should worry India also. It was reported that one of the missions of Xi Jinping during his recent summit with President Putin was to seek Russian supply of nuclear fuel, which China needs badly for expanding its arsenal at a feverish pace.
The closer Russia comes within China's sphere of influence the more uncertain will be Russia's dependability as a friend if the India-China conflict were to worsen.
China's role as a peacemaker in the Middle East could also be problematic. Most nations will see the peace brokered by China between Saudi Arabia and Iran in the region as a symbol of its increasing heft as a global mediator and its ability to fill the space held so long by the US. It could become a leading arms supplier of the region and bring in massive investments. The promise of a $400 billion investment in Iran is one of them.
Further China could even help Iran overcome its bottlenecks and realise its nuclear ambitions. India's involvement in Iran's Chabahar port project could be jeopardised in the long term and if China succeeds in peddling its influence in Yemen, with its base also in Djibouti on the horn of Africa, its presence in the region will be formidable.

Happening Haryana slips as investments drop amid worries over law reserving jobs for locals

Context: Once one of the most sought-after investment destinations, particularly for skill driven manufacturing sectors such as automobiles, Haryana seems to have lost some of its sheen with its share of new investment projects in the country tripping to a six year low of 1.06% in 202223, down sharply from almost 3% in the year before.

Highlights

Total investment outlays announced in the State fell 30% last year to ₹39,000odd crore from nearly ₹56,000 crore in 202122.
This pushed Haryana from the ninth best State in terms of new investment projects to the 13th rank in 202223.
Manufacturing investments declined 60% to just about ₹9,500 crore.

Maruti Suzuki — one of the State’s largest legacy investors, which announced a ₹18,000crore project, Haryana’s largest investment in 202122 — is now eyeing a ₹24,000crore plant that will come up elsewhere.
Compared to 202122, when manufacturing, industrial parks, roadways and realty projects dominated the State’s largest investments, realty projects dominate the outlays announced in 202223.

The decline in fresh projects in the State coincides with its enactment of a law in early 2022 that reserved 75% of private sector jobs with monthly salaries up to ₹30,000 for local people. The law has been kept in abeyance after being challenged judicially, but the suspense over its implementation remains a worry for investors.

HARYANA’S LOCAL RESERVATION LAW

Haryana government passed a law reserving 75% of private sector jobs for residents of the state. This raised a debate on such sons of soil policies undertaken by state governments like Haryana and Andhra Pradesh.

Haryana Employment of Local Candidates Act 2020

The Act requires private sector employers to reserve 75% of job posts that offer a salary of less than Rs 30,000 for individuals who are domiciled in Haryana. It is applicable to all private companies, societies, partnership firms, trusts, any person employing ten or more persons in Haryana, or any other entity as may be notified by the Government.

Potential Benefits

• Provides employment opportunities to the locals and reduces regional inequalities.

• Reduces the friction between local and Migrant labour and helps in managing labour unrest.

• Since migration of labour is more often seasonal, the law can lower the dependence on migrant labour and reduces absenteeism.

Problems

Drive away investments: Mandatory quotas for jobs and powers for officials to slap penalties on companies for violations may drive away competitive firms who will be wary of new inspector raj and the impact on productivity.
Barrier to migration: Poses risk of obstructing free flow of labour from labour surplus states to labour shortage states, which is essential to reap the benefits of Demographic dividend.

Legal Implications: Violation of Art 14, Art 16 and Art 19(a) guaranteed by the Indian Constitution. In a landmark Pradeep Jain Case, the Supreme Court has raised concerns that such policies may lead to Economic and Social Fragmentation of India.
Political Implications: Rise of strong Sons-of-soil movement even in other states and thus end up affecting the spirit of Cooperative Federalism.

Increased Automation: Such affirmative actions in private industry might encourage firms to increase automation in production process which reduces employment generation potential of private firms.
Social Implications: In a multilinguistic society such as India, restricted work-related migration stifles interaction of different languages and cultures and helps in thriving regionalist tendencies.
Unsustainable solution: Though such reservations provide temporary benefits to the local community in terms of assured employment, it will not help in addressing the basic issues that are responsible for low employment growth.

Hence, States need to abstain from such inward- oriented and parochial policies, adopt spirit of cooperative federalism and work in a coordinated and synergistic manner to address the root cause- Lack of employment opportunities.

G7 should adopt 'risk-based' AI regulation, say digital ministers

Context: Digital ministers from the Group of Seven advanced nations have agreed on the adoption of "risk-based" regulation for artificial intelligence (AI).

More on news:

G7 digital ministers emphasised on preserving an "open and enabling environment" for the development of AI technologies based on democratic values. The agreement sets a landmark for how major countries govern AI amid privacy concerns and security risks. The G7 ministers also recognised the security risks posed by generative AI, such as the production of fake news.

Artificial Intelligence and its Regulation

Sanskrit poetess Shilabhattarika

Context: Shilabhattarika, the celebrated Sanskrit poetess of Ancient India, has recently been the subject of new research by researchers at the Pune-based Bhandarkar Oriental Research Institute (BORI), which is home to the largest collection of manuscripts and rare books in South Asia. They claim to have shed new light on her by identifying her as the daughter of the renowned Chalukyan Emperor Pulakeshin II of Badami (in modern Karnataka).

Findings from the copper plates

Information about the literary past
The copper plate gives critical details to the literary history of the Chalukyas, in addition to providing information on the geography and politics.
Marked change in the Historiography of the Badami Chalukyas
- It had provided earliest concrete historical proof of Shila-Bhattarika's status as a poetess, who made a name for herself in the historically male-dominated field of classical Sanskrit literature.
- The new research has put Shilabhattarika's life in the 7th century CE instead of the prevailing belief that placed her as the wife of the 8th-century Rashtrakuta ruler, Dhruva.
- Shilabhattarika was a Chalukyan princess who may have been Pulakeshin II's daughter.
- Pulakeshin II, who ruled from 610 to 642 CE, is known for having notably defeated Harshavardhan of Kanauj in a battle that took place in close proximity to the Narmada River in 618 CE.

Reconstruction of the Past

Archaeologists, linguists, and orientalists employ copper plates, which frequently have inscriptions of hereditary grants made by kings, to recreate the past.
A copper-plate charter with five copper plates from the era of Vijayaditya, the Badami Chalukyan king (696-733 CE) has been deciphered.
A copper ring with a Varaha (boar) seal serves as the binding element of the charter. The Varaha seal served as the royal seal of Badami Chalukyas. A Sanskrit text written in late-Brahmi script was included in the charter.
According to a preliminary interpretation of the plates, Vijayaditya gave the village of Sikkatteru to the Vedic scholar Vishnusharma in the month of Magha, Shaka year 638.
The plates also revealed that Mahendravarma, son of Shilabhattarika, the daughter of "Satyashraya," had asked Vijayaditya to make the grant. Pulakeshin II was the only Badami Chalukyan ruler who was solely known by the title "Satyashraya," which can be translated as "patron of truth."
Additionally, evidence points to Shilabhattarika's marriage to Dadiga, a prince from Talakkad's Ganga lineage.

Shila-Bhattarika

A Sanskrit poetess from the ninth century.
In the accounts of Rajashekhara:
- Shilabhattarika has been lauded for her delicate compositions by the Sanskrit poet-critic Rajashekhara, court poet of the Gurjara-Pratiharas (9th–10th century CE).
- Rajashekhara claims that the Panchali style (one of the four primary literary styles, the other three are Vaidharbhi, Gaudi, and Lati) can be seen in the writings of Shilabhattarika and perhaps in a few of the works of the poet Bana from the seventh century.
- The 15th-century anthology Subhashitavali contains a lyric attributed to Rajashekhara that states that Panchali style preserves "a balance between words and meaning."
- In Sharngadhara-paddhati, a 14th-century anthology, she and three other female poets are lauded, in the following sentences: Poetesses like Shilabhattarika, Vijja, Marula, and Morika are well-known for their poetic brilliance and erudition. These women are proficient in all academic fields, have engaged in disputes with other academics.
- Subjects in her poetry: It is known that she wrote at least 46 poems, some of which deal with "love, morality, politics, nature, beauty, the seasons, insects, anger, indignation, codes of conduct, and the characteristic features of various kinds of heroines."
- The deciphering of the plates also sheds light on how, Shilabhattarika might have developed the level of poetry-writing expertise that put her on par with the most esteemed male poets of the day.
- Durvinita, a well-known ruler of the Western Gangas, was Shilabhattarika's grandfather-in-law. He was also an accomplished composer who had patronised Bharavi, the author of the classical epic Kiratarjuniya.

Tread a new path, one that prioritises social justice

Context: May 1 is widely known as the Labour Day, a day when we celebrate the contribution of workers worldwide. It is a moment of pride, celebration and hope. Three years after the COVID-19 crisis, followed by inflation, conflict, and food and fuel supply shocks, we badly need this. But the promises of renewal made during the pandemic, of ‘building back better’, have so far not been delivered for the great majority of workers worldwide.

Labour Day & its Concerns

The erosion of hard-won labour rights Reverse the hard reality, mistrust Globally, real wages have fallen, poverty is rising, and inequality seems more entrenched than ever.
Enterprises have been hard hit.
Many could not cope with the cumulative effects of recent unexpected events.
Small and micro-enterprises were particularly affected, and many have ceased operations.
People feel that the sacrifices they made to get through COVID-19 have not been recognised, let alone rewarded.
Their voices are not being heard clearly enough.
This, combined with a perceived lack of opportunities, has created a disturbing level of mistrust.

Way forward

Realise the Declaration of Philadelphia 1944: Our policies and actions must be human-centred, to allow people to pursue both their material well-being and their spiritual development in conditions of freedom and dignity, economic security and equal opportunity.

Focusing on ‘decent work’

To set out guiding principles for our economic and social systems, that they should not be turned exclusively to hitting specific growth rates or other statistical targets, but to address human needs and aspirations. This means focusing on inequality, poverty alleviation and core social protection.
The most effective way to do this is by providing quality jobs so that people can support themselves and build their own futures — ‘Decent Work for All’, as Sustainable Development Goal 8 terms it.
It means realistically addressing the long-term structural transformations of our time;
Ensuring that new technology creates and supports employment;
Pro-actively facing the challenges of climate change and ensuring we offer the jobs,
Skills training and
Transition support necessary for workers and businesses to benefit from the new low-carbon era;
Treating demographic changes as a ‘dividend’ rather than a problem, with supporting action on skills, migration and social protection, to create more cohesive and resilient societies.
We also need to reassess and refashion the architecture of our social and economic systems, so that they support this change of course towards social justice, rather than continuing to channel us into a policy ‘doom loop’ of inequality and instability.
Reinvigorate labour institutions and organisations so that social dialogue is effective and vigorous.
Review laws and regulations affecting the world of work, so that they are relevant and up-to-date and able to protect workers and support sustainable businesses.
Labour rights are in free fall Create a global platform to make all this happen, we need to recommit to international cooperation and solidarity.
We must enhance our efforts and create greater policy coherence, particularly within the multilateral system.

Improve Global Coalition for Social Justice.

This coalition will create a platform to bring together a broad range of international bodies and stakeholders.
It will position social justice as the keystone of the global recovery so that it is prioritised in national, regional and global policies and actions.
It will ensure that our future is human-centred.

Recall and fulfil the promises made under different ILO conventions

Sr. No.	Convention	Convention number	India’s Position
1.	Forced labour convention, 1930	29	Signed& Ratified
2.	Freedom of association and protection of the right to organise convention, 1948	87	Not Signed
3.	Right to Organise and collective bargaining convention, 1949	98	Not Signed
4.	Equal remuneration convention, 1951	100	Signed& Ratified
5.	Abolition of forced labour convention, 1957	105	Signed& Ratified
6.	Discrimination (Employment and Occupation) Convention, 1958	111	Signed& Ratified
7.	Minimum age convention, 1973	138	Signed& Ratified
8.	Occupational Safety and health convention, 1981	155	Not Signed
9.	The worst form of child labour convention, 1999	182	Signed& Ratified
10.	Promotional Framework for occupational safety and health convention, 2006	187	Not Signed

Reimagining ration shops

Context: The Food Corporation of India (FCI) has procured over 20 million tonnes of wheat this season, with Punjab, Haryana and Madhya Pradesh contributing over 98% of the total to the central pool.

Punjab is expected to be the largest contributor to wheat procurement despite producing less wheat than Uttar Pradesh. Farmers in Punjab who used zero tillage and mulched paddy straw at the time of sowing wheat through smart happy seeders were able to achieve a high yield, while others who experienced heavy rain had lower yields. Mulching paddy straw helps increase organic carbon in soil and can be a good case for India to show to the agriculture group of G20, with Punjab Agricultural University and Borlaug Institute for South Asia leading the way.

Public distribution System (PDS):

The Public Distribution System (PDS) in India was established in June 1947 as a way to ensure that food grains are distributed at affordable prices and to manage emergency situations.
Its primary goal is to provide subsidized food and non-food items to the country's poor population.
By helping to alleviate hunger, malnutrition, Anaemia, and other challenges faced by the poorest members of society, including women and children, PDS has played an important role in promoting socio-economic justice in India.
The PDS is managed jointly by the Central and State/UT Governments.
It works under the Ministry of Consumer Affairs, Food and Public Distribution.
The Central Government, through the Food Corporation of India (FCI), is responsible for procurement, storage, transportation, and bulk allocation of food grains to the State Governments. On the other hand, the operational responsibility, including allocation within the State, identifying eligible families, issuing Ration Cards, and overseeing the functioning of Fair Price Shops (FPSs), falls under the purview of the State Governments.
The PDS currently distributes wheat, rice, sugar, and kerosene to States/UTs for distribution. Some States/UTs also use PDS outlets to distribute other essential items like pulses, edible oils, iodized salt, spices, etc.

Issues in PDS:

Targeting: The targeting of the PDS is often flawed, with many deserving beneficiaries being excluded while others who are not in need receive the benefits.
Leakage and corruption: There are high levels of leakage and corruption in the PDS, with food grains being diverted to the black market or sold to non-eligible beneficiaries.
Poor quality of food grains: The food grains provided through the PDS are often of low quality, with high levels of adulteration and not fit for human consumption.
Inadequate coverage: The PDS does not cover all deserving households, leaving many without access to essential food grains.
Inefficient distribution mechanism: The distribution mechanism of PDS is often inefficient, with delays and irregularities in the supply of food grains to the beneficiaries.
Lack of awareness: Many of the beneficiaries are not aware of their entitlements under the PDS, and hence, do not receive the full benefits of the system.
Storage and transportation issues: The storage and transportation infrastructure for the food grains is often inadequate, leading to spoilage and wastage of the grains.
Price disparities: The prices of food grains provided through PDS vary across states, resulting in disparities and discrimination.
Limited nutritional diversity: The food grains provided through PDS are limited in terms of nutritional diversity, leading to malnutrition and health issues among the beneficiaries.

Way Forward:

Professor Ashok Gulati suggests the introduction of more nutritious food in PDS that is climate resilient, such as millets, pulses, and oilseeds.
Upgrading 10% of the five-lakh odd fair price shops as Nutritious Food Hubs (NFHs) and offering electronic vouchers for targeted beneficiaries.
FCI should outsource its stocking operations to various agencies such as Central Warehousing Corporation, State Warehousing Corporation to bring down costs of storage. (Shantakumar committee)
Covered and plinth (CAP) storage should be gradually phased out. The Movement of grains needs to be gradually containerized to reduce transit losses.
End to End computerization to reduce leakages in PDS and setting up of vigilance committees to check pilferage from PDS.

All eyes on monsoon as cooler summer delays crucial pattern

Context: The large parts of country have logged temperatures that are up to 10°C lower than normal due to rains. An uncharacteristically cooler start to the summer, which is likely to persist for a few more weeks in several parts of the country, may hurt the arrival of the crucial monsoon season, weather scientists have said, at a time when the rainy season is expected to anyway be sapped by the Pacific warming phenomenon El Nino.

How lower temperatures are going to affect monsoon?

Relative thermal differences create pressure differences which play very significant role in the onset of monsoon.
More heating over northwest India helps with the onset of monsoon. When the ground heats up, especially in heatwave prone parts of northwest India (which includes Rajasthan, Haryana and Delhi), it creates an area of low pressure. There is something called the heat low which forms over northwest India.
Hence low temperatures over NW part will lower the advance of monsoonal winds.

What is heat low? What are its impacts on monsoon rainfall?

During the northward march of sun in northern hemisphere, the continent surrounding the Arabian Sea begin to receive large amounts of heat; not only in the form of radiation from sun, but also flux of heat from the earth’s surface into atmosphere.
As a result of this large input of power, trough of low pressure forms over this region.
Intense heat low acts as suction devise for moist air along the monsoon trough and to some extend related to good monsoon over India.
During weak heat low monsoon rainfall over India is greatly affected and results in deficient or scanty rainfall over vast area of country.

What is the role of monsoon trough?

Monsoon Trough is an elongated low-pressure area which extends from heat low over Pakistan to Head Bay of Bengal.
This is one of semi-permanent feature of monsoon circulation.
Monsoon trough may be a characteristic of east west orientation of Himalayan ranges and north south orientation of Khasi-Jaintia Hills.
Generally eastern side of monsoon trough oscillates, sometimes southwards and sometimes northwards.
- Southward migration results in active/vigorous monsoon over major part of India.
- In contrast, the northward migration of this trough leads to break monsoon condition over major part of India and heavy rains along foothills of Himalayas and sometimes floods in Brahmaputra river.

Shifting positions of monsoon trough	Impacts on distribution of rainfall across India
	• When we say that the trough is in normal position, that means it passes through Ganganagar, Allahabad, Calcutta and Head Bay. • This gives good rain to Central India. • As a effect of low formation and it’s passage along the trough, the strong wind currents form over the west coast. • These currents are blocked by Sahyadri mountains resulting in formation of offshore trough. • Hence due to this offshore trough west of coast of India receives good rain.
	• When the trough shifts to the south of it’s normal position, than the monsoon conditions are active giving excessive rainfall in central India and over the west coast of India due to offshore trough. • This position is best for monsoon condition giving rain to all over Peninsular India.
	• When the trough shifts to north of normal position it means that it shift to foothills of Himalayas giving good rain to Uttarakhand, Himachal Pradesh, Jammu and to all Northeast states of India. • This condition is known as “Break Monsoon” where rainfall activity over rest of India ceases.

Water metro in Kochi

Context: Prime Minister Narendra Modi inaugurated India's first water metro in Kerala's Kochi which will connect 10 islands around the city in Malabar coast through battery-operated electric hybrid boats.

Waterways - Kochi Scenario

The Kerala backwaters are a network of brackish lagoons and lakes lying parallel to the Arabian Sea coast (Known as Malabar Coast) of Kerala state in southern India. Kochi is the largest city in the south Indian state of Kerala. Kochi is less vulnerable to storm surges or cyclones compared to cities on the eastern coast of the country. The city sits within a complex estuarine system comprising Lake Vembanad and the many rivers flowing into the lake, including the Periyar and Muvattupuzha rivers.

Inland water ways India Scenario

India has approximately 14,500 km of navigable waterways which comprise of rivers, canals, backwaters, creeks, etc. Navigable waterways are a fuel-efficient, environment friendly and cost-effective mode of transport. Despite the inherent advantages, the share of Inland waterway transport (IWT) in India is currently estimated to be only around 2% in comparison to 35% in Bangladesh and 20% in Germany.

Initiatives

Inland Waterways Authority of India (IWAI): Statutory authority created under the Inland Waterways Authority of India (IWAI) Act, 1985 for regulation and development of Inland Waterways.

National Inland Navigation Institute (NINI): Setup by IWAI to develop human resources for Inland Water Transport sector

National Waterways Act, 2016: Under this act, Parliament has declared 111 National Waterways which cover a total length of 20300 Kms and spread across 24 States.

Sagarmala Program: Promote port-led development through 14,500 km of potentially navigable waterways

Jal Marg Vikas Project (JMVP): Capacity augmentation of navigation on National Waterway-1 with the technical and financial assistance of the World Bank.

Central Road and Infrastructure fund (CRIF): Set up under the CRIF Act, 2000 and administered by Finance Ministry. The money for this fund is raised through the cess on petrol and high-speed diesel. The fund can be used for various social and physical infrastructure projects, including inland water transport.

International Cooperation such as Kaladan Multi- modal Transit Transport Project, Treaty of Transit between India and Nepal, agreement between India and Bangladesh for use Chaogram and Mongla Ports for transit movement of Indian Goods.

Some important operational National Waterways in India

S.no.	National Waterways	Details of waterways	States
1	National Waterway 1	Ganga-Bhagirathi-Hooghly River System (Haldia - Allahabad)	Uttar Pradesh, Bihar, Jharkhand & West Bengal
2	National Waterway 2	Brahmaputra River (Dhubri - Sadiya)	Assam
3	National Waterway 3	West Coast Canal (Kottapuram - Kollam), Champakara and Udyogmandal Canals	Kerala
4	National Waterway 4	Krishna River (Vijayawada – Muktyala)	Andhra Pradesh
5	National Waterway 5	Dhamra-Paradio via Mangalagadi to Pankopal	Odisha
6	National Waterway 8	Alappuzha- Changanassery Canal	Kerala
7	National Waterway 9	Alappuzha-Kottayam – Athirampuzha Canal	Kerala
8	National Waterway 16	Barak River	Assam
9	National Waterway 27	Cumberjua River	Goa
10	National Waterway 68	Mandovi River	Goa
11	National Waterway 86	Runarayan River	West Bengal
12	National Waterway 97	Sunderbans Waterways	West Bengal
13	National Waterway 111	Zuari River	Goa

Ports & Shipping and Inland Waterways

India has a coastline spanning about 7,500 km, forming one of the biggest peninsulas in the world. Around 90 per cent of India’s external trade by volume and 70 per cent by value are handled by 12major ports and 205 non-major ports operate on India’s coast. Yet, roads and railways continue to be the dominant mode for cargo movement. Despite being the most cost-effective and efficient mode, water transport accounted for mere 6 per cent of freight transport in India in 2016-17.

Constraints before inland water ways

Modal mix: Roads (54 per cent) continue to be the dominant mode of transporting cargo, followed by rail (33 per cent). Transportation of cargo through waterways – shipping and inland water – accounts for a minuscule modal share (6 per cent) despite it being the most cost effective and efficient mode.
Draught levels: Most Indian container handling ports lack the capability to handle large container vessels due to inadequate depth; a minimum draft depth of 18 metres is needed to enable mother vessels to dock at ports.
Connectivity to ports: Weak hinterland connectivity between production centres and gateway ports
Transhipment port: A large percentage of containers in India are currently transhipped through other ports, such as Colombo (just south of India), Singapore (East) due to the absence of a transhipment port in the country. This has led to additional costs and delays due to the feeder voyage from India to the hub port.
Capital for inland vessels: At present, the cost of capital is very high and makes IWT freight uncompetitive.
Technical issues in inland waterways: The varying and limited depths due to the meandering and braiding of alluvial rivers and the erosion of their banks causing excessive siltation, lack of cargo earmarked for IWT, non-mechanized navigation lock systems and insufficient unloading facility at terminals hinder the use of IWT by shippers.

Way forward

Open up India’s dredging market: At present, the Dredging Corporation of India (DCI) and a limited set of private vendors serve the Indian dredging market, limiting competition.
Expedite the implementation of Sagarmala to modernise ports.
Enhance last mile connectivity to inland waterways: IWT should be integrated to multimodal/ intermodal connectivity. Inland terminals with proper road and/or rail connectivity and seamless transfer of goods from one mode to the other are important for an efficient logistics supply chain.
Facilitate access to capital for inland vessels: Financing for inland vessels could be made part of priority sector lending by banks. Categorizing inland vessels as infrastructure equipment will further ease access to capital issues for a sector where capital investments and operational costs are high.
Address technical and regulatory constraints in inland waterways to ease movement of inland vessels- Detention of a vessel without a valid reason should not be allowed; A clear directive needs to be issued for security of inland vessels, crew and cargo; Strengthen existing Inland Water Transport Directorates or Maritime Boards or set them up in states where they do not exist to ease the IWT business and to ensure efficient regulation and facilitation of IWT for cargo movement.
Streamline the governance of inland waterways: Currently, inland waterways are governed by multiple authorities including the Central Inland Water Corporation Limited (CIWTC Ltd), port authorities and state governments. Streamlining the regulatory structure and bringing an overarching body to oversee Inland Water Transport such as the IWAI will bring more consistency in the rules and strategy of the sector.
Develop measures for year-round navigation: Currently, due to weather conditions, several inland waterways are only serviceable during a part of the year. The seasonality of this mode of transport reduces its adoption. Efforts should be made to develop deeper stretches of the river, i.e., at least 2.5 m to 3 m.

Govt. to revamp patenting process

Context: Central government is revamping the patent office functioning to reduce the massive backlog in granting official recognition for innovations by fast-tracking the hiring process and promotions of some existing officers to ease the process and looking at legislative changes to fix timelines for patent grants/rejections.

What are Patents?

Patent grants exclusive rights for an invention which may be of a product or a process for 20 years.
Patent is granted for:
- new invention
- involves an inventive step which did not exist before
- such thing has not existed before and has industrial applications.
When a patent is granted on a particular invention, it means that no other person can either produce or sell for commercial purposes those inventions in the market without the approval of the creator of such invention.
India grants legal protection to various inventions through The Patents Act, 1970.

Economic Objectives of Intellectual Property Protection:

Promote investments in knowledge creation and business innovation by establishing exclusive rights to use and sell newly developed technologies, goods and services.
Promote the widespread dissemination of new knowledge by encouraging or requiring rights holders to place their inventions and ideas on the market.

Objectives of National Intellectual Property Rights (IPR) Policy 2016:

National Intellectual Property Rights (IPR) Policy 2016 recognises the abundance of creative and innovative energies that flow in India, and the need to tap into and channel these energies towards a better and brighter future with suitable protection.

IPR Awareness, Outreach and Promotion - To create public awareness about the economic, social and cultural benefits of IPRs among all sections of society.
Generation of IPRs - To stimulate the generation of IPRs.
Legal and Legislative Framework - To have strong and effective IPR laws, which balance the interests of rights owners with the larger public interest.
Administration and Management - To modernize and strengthen service-oriented IPR administration.
Commercialization of IPRs - Get value for IPRs through commercialization.
Enforcement and Adjudication - To strengthen the enforcement and adjudicatory mechanisms for combating IPR infringements.
Human Capital Development - To strengthen and expand human resources, institutions and capacities for teaching, training, research and skill building in IPRs.

Major Concerns on Patent Filing in India:

Manpower Shortage: The major reason for delays is the lack of sufficient manpower in the patent office. Though some additional workforce was added in the patent office in the last few years, especially at the examiner level, it is very small when compared with China or USA. The increase in manpower at the examiner level does not correspond with the increase in manpower at the controller level. This merely shifted the pendency from the first examination level to the next stage. Approximately 1.64 lakh applications are pending at the controller level (which was 40,000 in March 2017) as of the end of March 2022 for which preliminary examination has already been done.

No fixed timelines for each step of the process: The lack of timelines for each step leads to various issues.

For instance, under Section 25(1) of the Patents Act 1970, a pre-grant opposition can be filed by any person opposing the patent at any time after the patent application has been published and before the grant.
However, there is no fixed time frame and this leads to build-ups and delays. Lack of time frame for filing an opposition for a grant of patent is also misused for making frivolous complaints which keeps delaying the process.
There is also no time limit prescribed in the law for the Controller to conduct a hearing to determine the validity of responses to the First Examination Report and any outstanding objections which may not have been adequately addressed by the applicant.

Increase in Abandoned Applications: As per the Annual Report (2019-20) of the Office of the Controller General of Patents, Designs, Trademarks and Geographical Indications (CGPDTM) shows that the number of abandoned patent applications, on account of not meeting the requirements under the Patents Act grew by almost 350% (5,186 in 2010-11 to 23,291 in 2019-20).

Cumbersome compliance requirements delay the process: There are certain provisions of the Patent Act 1970 which lead to cumbersome compliance requirements on the applicants. For instance, some provisions require an applicant to keep submitting information relating to the prosecution of foreign patent applications periodically.

Not much focus on Industry-Academia Collaboration: One of the indicators of the Global Innovation Index (GII) is industry-academia collaboration where India’s score has decreased from 47.8 in 2015 to 42.7 in 2021. Consequently, India’s ranking in this indicator in the GII declined from 48 to 65 during this period. However, improvements in some other indicators have resulted in India’s overall ranking in the GII improving from 81 in 2015 to 46 in 2021.

Way Forward:

Increase in Manpower in Patent Office: There is a need to immediately sanction additional posts at the controller level to clear the current backlog of 1.64 lakh applications (which have already undergone preliminary examination) as of the end of March 2022. Further, a substantial increase in manpower is required in the patent office in the next few years to be able to compete with our global peers in terms of the scale of patent applications and the time taken to process them.

Need for Skill Enhancement: To expand the available pool of trained workforce, a short certificate course (like a diploma) may be developed in collaboration with some academic/technical institutions that may be done concurrently with the existing graduation courses. There is a need to build the career path of the employees in the patent office to attract good talent to the patent office.

Address Procedural Issues: Fixing timelines for each step of the process as per the laws of the United States - the time limit for any party to submit any material of potential relevance to the examination of the application is within 6 months after the date on which the patent application is first published.

Remove the Cumbersome compliance requirements: For instance, there are requirements for applicants to keep submitting information relating to the prosecution of foreign patent applications in a periodic manner leading to high compliance requirements. Considering that now India is a part of WIPO Centralized Access to Search and Examination (CASE), such information can easily be accessed by the patent office for PCT applications.

Consider bringing in utility model of patents: A utility patent is a special form of patent right granted by a state to an inventor for a fixed time period where the eligibility requirements are less stringent and the term of protection is shorter and these are cheaper to acquire as well. It secures protection for small innovations, which does not require the strict novelty and invention conditions as required by the patent law.

Outsource the Administrative Process to a Third Party: The administrative process of the patent application process can be outsourced to a third party, as has been done in the case of the passport office so that the examiners and controllers can focus on the core technical work.

Extensive use of machine learning/automation of administrative steps can be done to make the process more streamlined.

Key Facts:

China is the world leader in both filing and granting patents and has over 13,700 people in its patents office, and the US is the second largest, while India has just about 858 as of 2022.
As of FY23, the total number of patent filings touched 82,809 of which 52.3% or 43,337 applications were from domestic companies and 39,472 were from foreign companies operating here. The domestic share was 37% in FY20 and 44.4% in FY22.
In FY22 the number of patents granted stood at 34,153 from 82,805 filings and at 30,074 in the previous year from 66,400 filings. As against this, the numbers in China were 6.95 lakhs and 15.85 lakhs for FY22 and 3.27 lakhs and 6.95 lakhs in the U.S.

Governor's power to reserve bills for approval

Context: The Supreme Court has given a timely reminder to Governors that the Constitution expects that a decision to return a Bill to the State Assembly for reconsideration should be made “as soon as possible”. It has drawn attention to the phrase found in the first proviso to Article 200, seeking to convey a sense of immediacy in the matter of returning a Bill. “The expression ‘as soon as possible’ contains significant constitutional content and must be borne in mind by constitutional authorities,” the Court observed. This effectively means it would be constitutionally impermissible for Governors to hold on to Bills indefinitely without communicating their decision to the House.

Power and function of the Governor pertaining to giving assent to a bill falls under category of legislative powers.

Constitutional Provisions

Article 200 – When a Bill has been passed by the Legislative Assembly of a State or, in the case of a State having a Legislative Council, has been passed by both Houses of the Legislature of the State, it shall be presented to the Governor and the Governor shall have following options

He may give his assents to the Bill , thus the bill becomes an Act.
He may withholds assent , the bill thus ends and does not becomes an Act.
He may return the bill for the reconsideration of House or houses. If the bill is passed again with or without amendments and presented to Governor for his assent, the governor must give his assent to the bill.
He may reserves the Bill for the consideration of the President.

Article 201 – When a Bill is reserved by a Governor for the consideration of the President, the President shall have following options

He may give his Assent.
He may withhold his Assent.
He may direct the Governor to return the bill to the House or, as the case may be.

The Governor’s power to withhold assent or return a Bill, with a message, for reconsideration is seen as discretionary.

Article 163

Another constitutional provision of importance is Article 163 which states that there shall be a Council of Ministers with the Chief Minister at the head to aid and advise the Governor in the exercise of his functions, except in so far as he is by or under this Constitution required to exercise his functions or any of them in his discretion.
However, the discretionary powers of the Governors have not been explicitly defined in the constitution and can only be ascertained by going through certain constitutional provisions.

Concerns

There are three clear problems associated with Article 200, which deals with assent to Bills:

The absence of a time limit for acting on Bills
The scope for reserving a Bill for the President’s consideration against the express advice of the Cabinet
The claim that the Governor can kill any Bill by declining assent.

The mischief lies in Article 163, which hedges the primary rule that the Governors function on the ‘aid and advice’ of the Cabinet, with a clause that prohibits any inquiry into whether a particular matter fell within their discretion or not. These provisions give abundant scope for conflict between the government and Raj Bhavan.

Way Ahead

Important Supreme Court Judgements
Shamsher Singh v. State of Punjab (1974) – Supreme Court said: “The Governor has no right to refuse to act on the advice of the Council of Ministries. Such a position is antithetical to the concept of ‘responsible government’.” B.P. Singhal v. Union of India (2010)Five Judge Bench of Supreme on removal of governors mentioned about the dual role of governor: 1. Agent of the Centre & 2. Head of the state.SC also held that there may be instances of conflict between Centre and states where the governor has to act neutrally.

Sarkaria commission recommendation w.r.t assent to the bills

Normally, in the discharge of the functions under Article 200, the Governor must abide by the advice of his Council of Ministers.
In dealing with a State Bill presented to him under Article 200, the Governor should not act contrary to the advice of his Council of Ministers merely because, personally, he does not like the policy embodied in the Bill.
Needless reservation of Bills for President's consideration should be avoided.
Normally, when a Bill passed by the State Legislature is presented to the Governor with the advice of the Council of Ministers that it be reserved for the consideration of the President, then the Governor should do so forthwith. If, in exceptional circumstances, the Governor thinks it necessary to act and adopt, in the exercise of his discretion, any other course open to him under Article 200, he should do so within a period not exceeding one month from the date on which the Bill is presented to him.
State Governments often consult the Government of India at the drafting stage of a Bill. This is a healthy practice and should continue.
As a matter of salutary convention, a Bill reserved for consideration of the President should be disposed of by the President within a period of 4 months from the date on which it is received by the Union Government.
As a matter of convention, the President should not withhold assent only on the consideration of policy differences on matters relating, in pith and substance, to the State List.
President's assent should not ordinarily be withheld on the ground that the Union is contemplating a comprehensive law in future on the same subject. To the extent feasible, the reasons for withholding assent should be communicated to the State Government.

For further readings regarding the details of Article 200 and Article 201 refer to the following links

TELANGANA GOVT. MOVES SC AGAINST GOVERNOR

Delay in Bills: Pinarayi, Stalin to fight together

India-China Defence Ministers Meeting

Context: The meeting between defence minister Rajnath Singh and his counterpart Li Shangfu saw both sides reiterating their positions, highlighting the persisting gap in the respective perceptions about what went wrong in Ladakh in 2020, its resolution, and how to move forward peacefully from there.

It was reiterated that development of relations between India and China is premised on prevalence of peace and tranquillity at the borders, all issues at the LAC need to be resolved in accordance with existing bilateral agreements and commitments and the violation of basic agreements has eroded the entire basis of bilateral relations.

On Border Dispute and its resolution:

Previously Indian and Chinese armies have conducted 18 rounds of military talks on ending the border row.
Though at the 16th round of military talks, the two sides carried out disengagement from Patrolling Point 15 in the Gogra-Hot springs area.
The ties between the two countries nosedived significantly following the fierce clash in the Galwan Valley in June 2020 that marked the most serious military conflict between the two sides in decades. As a result of a series of military and diplomatic talks, the two sides completed the disengagement process on the north and south banks of the Pangong Lake and in the Gogra area. The eastern Ladakh border standoff erupted following a violent clash in the Pangong Lake area.
Recently China released a statement included a map that showed the 11 places renamed by China as being within “Zangnan”, or southern Tibet in Chinese, with Arunachal Pradesh included in southern Tibet and China’s border with India demarcated as just north of the Brahmaputra river.

The problem of declining child sex ratio

Important provisions of the Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994

Registration

Renewal of registration

Mandatory maintenance of records: Register showing in serial order:

Preservation of the following duly completed forms

Record storage

Powers of Appropriate Authority

Concerns

Suggestions

Conclusion

Recent Steps taken by China that highlights China flexing its muscle:

Highlights

HARYANA’S LOCAL RESERVATION LAW

Haryana Employment of Local Candidates Act 2020

Potential Benefits

Problems

Findings from the copper plates

Reconstruction of the Past

Shila-Bhattarika

Labour Day & its Concerns

Way forward

Focusing on ‘decent work’

Improve Global Coalition for Social Justice.

Public distribution System (PDS):

Issues in PDS:

Way Forward:

How lower temperatures are going to affect monsoon?

What is heat low? What are its impacts on monsoon rainfall?

What is the role of monsoon trough?

Waterways - Kochi Scenario

Inland water ways India Scenario

Initiatives

Some important operational National Waterways in India

Ports & Shipping and Inland Waterways

Constraints before inland water ways

Way forward

What are Patents?

Objectives of National Intellectual Property Rights (IPR) Policy 2016:

Major Concerns on Patent Filing in India:

Way Forward:

Key Facts:

Constitutional Provisions

Article 163

Concerns

Way Ahead

Sarkaria commission recommendation w.r.t assent to the bills

On Border Dispute and its resolution:

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