Governance

Tapti Basin Mega Recharge Project

Context: Madhya Pradesh and Maharashtra have signed an MoU to jointly implement the Tapti Basin Mega Recharge Project. It is aimed at enhancing regional water security by using Tapti river water for drinking and irrigation needs in both states.

Relevance of the Topic: Prelims: Key facts related to Tapti Basin Mega Recharge Project.

Tapti Basin Mega Recharge Project

The project is described as one of the largest water recharge projects globally with no displacement involved.
Water from the Tapti river will be diverted to cater to:
- drinking water needs of north-eastern Maharashtra, including Nagpur.
- provide irrigation support to southern and south-eastern districts of Madhya Pradesh such as Burhanpur and Khandwa.
Total planned utilisation of water under the scheme stands at 31.13 thousand million cubic feet (TMC), with 11.76 TMC allocated to MP and 19.36 TMC to Maharashtra.
Centre is expected to fund 90% of the project cost and the proposals will be submitted to classify it as a national water project.
This is the third major river-linking initiative undertaken by the Madhya Pradesh government in the past year, following the Ken-Betwa link project with Uttar Pradesh and the Parvati-Kalisindh-Chambal link project with Rajasthan.

About Tapti River:

Tapti or Tapi river is one of the major west-flowing rivers.
Origin: Multai in Betul district, Madhya Pradesh.
States Covered: Madhya Pradesh, Maharashtra, Gujarat.
Major Tributaries of Tapti are:
- Right Bank: Vaghur, Bori, Purna
- Left Bank: Aner, Girna, Panjhra
Important cities along the river: Burhanpur (MP), Jalgaon (Maharashtra), Surat (Gujarat)
Dams and Projects: Ukai Dam (Gujarat), Hathnur Dam (Maharashtra)

India’s shift to Inclusive Conservation of Forests

Context: Conservation laws rooted in colonial legacy, often exclude and criminalise Indigenous Peoples and Local Communities (IPLCs), despite their proven role in biodiversity protection. India’s Forest Rights Act (FRA) 2006 is a shift towards rights-based, community-led conservation framework for truly sustainable and just environmental governance.

Relevance of the Topic: Prelims: Key facts related to FRA, Biological Diversity Act, CBD, KMGBF, OECMs

Fortress Conservation Model

Conservation laws and policies across the world, often rooted in colonial legacy, viewed nature as something to be preserved in its pristine form, free from human presence.
This has led to the "fortress conservation" model, where large tracts of land are designated as Protected Areas with centralised state control.
Indigenous Peoples and Local Communities (IPLCs) despite their historical and cultural ties to these landscapes are frequently displaced, disenfranchised, and criminalised as encroachers.
Impact of Fortress Conservation Model: The Fortress model has displaced 10 to 20 million people globally. In India, >6 lakh people are estimated to have been displaced from protected areas under laws such as the Wildlife Protection Act, 1972, and initiatives like Project Tiger.

Presently, many international legislative institutions are recognising the crucial role of indigenous people and local communities in biodiversity conservation. This shift is visible in international conventions like the Convention on Biological Diversity and domestic legislations such as India’s Forest Rights Act, 2006.

Legal Frameworks Supporting Inclusive Conservation

1. Convention on Biological Diversity (CBD):

Adopted at the Earth Summit in Rio de Janeiro in 1992, and came into force in 1993.
Members: 196 countries including India have ratified CBD, making it a universal treaty.
CBD’s main objectives: conservation, sustainable use, and fair and equitable sharing of the benefits of biodiversity, including landscapes, species, and genetic resources.
CBD has urged countries to respect, preserve and maintain knowledge, innovations and practices of indigenous and local communities embodying traditional lifestyles relevant for the conservation and sustainable use of biological diversity.
CBD’s COP-16 summit established a permanent subsidiary body for IPLCs. This body made the CBD the only UN Convention with a dedicated platform to implement the rights of IPLCs.

2. UN Declaration on Rights of Indigenous People:

In 2007, the UN passed its Declaration on the Rights of Indigenous People to address the discrimination IPLCs face throughout the world and to emphasise their right to maintain and strengthen their own institutions, cultures and traditions.
India voted in favour of UNDRIP but does not use the term “indigenous peoples” domestically. Instead, it offers constitutional safeguards to Scheduled Tribes through: Article 244 & 244A (Schedule V and VI), Panchayats (Extension to the Scheduled Areas) Act 1996 and Forest Rights Act (FRA) 2006.

3. Kunming-Montreal Global Biodiversity Framework (KMGBF):

CBD signatories adopted this at their COP-15 summit in 2022 in Canada. It seeks to integrate and ensure equitable representation of IPLCs and their traditional knowledge in the implementation of the framework.
It envisions a world living in harmony with nature with a list of 23 targets to achieve it. An important one is titled ‘30 by 30,’ i.e. countries committing to bring 30% of the world’s land and marine areas under their protection by 2030.
The targets also mention consultation and inclusion of IPLCs, their cultural practices, and their traditional knowledge.

India’s Domestic Frameworks to support Inclusive Conservation:

As per 2011 Census, India hosts around 104 million tribals, 8.6% of the then Indian population - effectively the world’s largest population of indigenous people in a single country.

1. Biological Diversity Act, 2002:

India enacted the Act in 2002 to implement the objectives of the CBD.
The Act provides for a three-tier institutional system to promote the conservation of local plants, animals, and habitats including documenting biodiversity-related traditional knowledge.
- National Biodiversity Authority at the Centre.
- State Biodiversity Boards in the States.
- Biodiversity Management Committees operate at the local level.

2. India’s Forest Rights Act, 2006:

Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, or The FRA recognises historical injustices suffered by Adivasis and forest dwellers.
It recognises and secures the rights of forest dwelling tribal communities and other traditional forest dwellers to forest resources.
It recognises 13 kinds of rights, including the right of access to biodiversity and community, right to intellectual property and traditional knowledge related to biodiversity, and cultural diversity, and right to protect, regenerate, or conserve or manage any community forest resource that they have been traditionally protecting and conserving for sustainable use.
Research estimates that FRA has the potential to protect at least 4 crore hectares of forest land, including existing protected areas. To enable it to do so without also dispossessing the stewards of this land, other laws and policies must comply with the FRA.

3. National Biodiversity Strategy and Action Plan:

India came up with a list of 23 targets under its updated National Biodiversity Strategy and Action Plan (NBSAPs) that it aims to achieve by 2030.

Challenges to Inclusive Conservation in India:

Even though updated NBSAPs emphasise a paradigm shift towards a bottoms-up governance approach (as in the FRA), it excessively favours State forest departments and State-led conservation measures over decentralised approaches.
India’s conservation efforts often overlook forest dwellers’ legal rights by creating new biodiversity mechanisms without settling claims under the FRA or securing Gram Sabha consent, undermining inclusive and participatory conservation.
Traditional access to forests is still treated as encroachment in many laws.

Thus, for all these international victories, the struggle for the rights of IPLCs in conservation approaches is far from over. The premise of the ‘30 by 30’ agenda itself jeopardises these rights because it promotes the idea that simply expanding protected areas will arrest biodiversity loss.

OECMs: New Models for Conservation

The KMGBF makes provisions to move beyond protected areas through its Other Effective Area-based Conservation Measures (OECMs).
Each OECM is to be identified by four features: should not already be a protected area; is already governed and managed by governments, private entities or IPLCs; makes sustainable efforts to conserve biodiversity; and protects ecosystem functions as well as cultural, socio-economic, etc. values.
India plans to notify the OECM guidelines soon. Some experts have expressed optimism that this is an opportunity to involve communities in conservation.

However, without proper checks and legal recognition of rights, OECMs can become tools of exploitation.

Surat Emissions Trading Scheme

Context: Experimental Evidence from the World's first market for trading in particulate matter emissions established in Surat, Gujarat has found that it has reduced pollution by up to 30% among participating industries, and also lowered the abatement costs.

Relevance of the topic:

Prelims: Key facts about Emissions trading scheme (ETS).

Mains: How trading in particulate emissions work?

Emissions Trading Scheme

Emissions trading scheme (ETS) or market is a regulatory tool to cut greenhouse gas emissions, while providing industries with financial incentives to comply with norms and to get them to invest in cleaner technology.
It is commonly referred to as ‘cap-and-trade’ to emission markets.

How does Emissions Trading Scheme work?

Cap Setting: Under ETS, regulators set a cap or a limit on the total emissions load that can be released into the air.
Permit Allocation: Instead of enforcement through fines or show-cause notices, industries are given emissions permits or allowances, which can be traded among them to meet compliance. Each permit allows industries to release a specific quantity of pollution into the air, such as a kilogram of particulate matter pollution or a ton of carbon dioxide.
Trading Mechanism: Plants with pollution-reducing technology save their permits and sell them to those who might need them to make up for their compliance gap. This way, plants with fewer resources get time to gradually shift to cleaner technology, while complying with a cap, and others earn through trading. A minimum floor price and maximum ceiling price are usually set to maintain stability and to keep the scheme attractive.
Compliance Monitoring: Industries that breach emission caps are penalised, usually on a per tonne cost basis. In some instances, they also have to surrender their permits. To ensure that emissions are reduced, regulators tighten emission caps and issue fewer permits as the ETS matures.

Surat Emissions Trading Scheme:

Launched in: 2019.
It is the world's first ETS targeting particulate matter (PM).
The scheme was designed and developed by the Gujarat Pollution Control Board (GPCB), J-PAL, EPIC-India, and Yale University
The initiative represents a shift in India’s environmental governance from command-and-control models to market-based instruments.

How does the Surat ETS work ?

Cap: Initial cap on emissions was 280 tons/month of suspended particulate matter (SPM) which was later revised to 170 tons/month after real-time emission data was analysed through Continuous Emission Monitoring Systems (CEMS).
Permit: Each permit was equal to 1 kg of particulate matter emissions, and these permits were only valid during one compliance cycle which lasted 4 to 6 weeks. 80% permits are allocated for free, based on historical emissions and plant capacity while 20% permits are auctioned through a uniform price discovery mechanism.
Auction: A uniform price auction is conducted at the start of each cycle. Buyers and sellers submit bids, and a single clearing price is discovered. Permit prices were limited to between Rs 5 per kg (floor price) and Rs 100 per kg (ceiling price).
Compliance: At the end of a compliance period, industries with sufficient permits to meet their emissions targets are said to comply. Plants posted a bond known as an Environmental Damage Compensation Deposit before the market began. Plants with insufficient permits were fined twice the ceiling price for every unit of emissions above their permits, the study stated. This fine is deducted from the bond.

Significance: It resulted in a 20–30% reduction in particulate pollution, demonstrating a cost-effective, flexible, and scalable alternative to conventional regulation.

Limitations:

However, this approach suffers from three critical limitations :

Resource Constraints: With thousands of polluting units and limited regulatory manpower, real-time monitoring and enforcement are often ineffective and delayed.
Uniform Compliance Burden: All industries regardless of their size, technological capacity, or financial strength are subject to the same norms, leading to disproportionate challenges for smaller or less-resourced units.
Regulatory Rigidity: There is little scope for flexibility or innovation. Compliance is rule-based rather than outcome-oriented, and often imposes high transaction costs.

ETS attempt to address these monitoring and enforcement gaps by bringing in more flexibility, and offering incentives for compliance.

India Justice Report 2025

Context: India Justice Report 2025 was released recently. It has revealed that with a national average occupancy rate of more than 131%, Indian jails face extreme overcrowding and are battling multiple health challenges.

Relevance of the Topic:Prelims: Key facts about India Justice Report 2025.

About India Justice Report (IJR) 2025

Published by: Tata Trusts in collaboration with civil society organisations and data partners.
Objective: Tracks State-wise performance across Police, Judiciary, Prisons, Legal Aid.
Methodology: Based on official government data; uses indicators like:
- Budget allocation
- Human resource availability
- Infrastructure
- Workload
- Gender diversity
Coverage: All 36 States and Union Territories.

I. Issues with Prison System in India

1. Severe Overcrowding

The national average occupancy rate exceeds 131%.
Projected inmate population by 2030: 6.8 lakh.
Expected capacity by 2030: only 5.15 lakh.
Between 2012 and 2022: Inmates increased from 3.8 lakh to 5.7 lakh while capacity rose from 3.4 lakh to 4.3 lakh — a 27% rise, which is not sufficient to match growth.
- Uttar Pradesh: Most overcrowded prisons in India.
- Delhi: 91% of prison inmates are undertrials.

2. Public Health Crisis

Medical Officers: 43% vacancies.
Doctor-to-Prisoner ratio: 1 : 775, far above the Model Prison Manual norm of 1 : 300.
Disability data gap: No comprehensive health data on inmates entering with or acquiring disabilities in prisons.

3. Mental Health

Only 25 psychologists/psychiatrists for 5.7 lakh prisoners — 1 per 22,929 inmates whereas the benchmark is 1 psychologist/psychiatrist per 500 inmates.
25 States/UTs have no provision for correctional mental health professionals.

4. Prison Expenditure:

Average annual spend per prisoner (2022–23): ₹44,110 (up from ₹38,028 in 2021–22).

II. Issues with Policing in India

1. Low Representation of Women

Fewer than 1000 women in senior police positions out of 20.3 lakh personnel.
No State/UT has met its own reserved quotas for women in the police.

2. Infrastructure Gaps

17% of police stations lack CCTV surveillance.
Nearly 30% of police stations do not have women help desks.

3. Resource Allocation

Per capita police spending: ₹1,275, highest among the four pillars (Police, Judiciary, Prisons, Legal Aid).
Civil police personnel availability: 1 per 831 people.

III. Judiciary

1. Vacancies and Pendency

More than 50% of High Court judges are vacant/missing in Uttar Pradesh.
Gujarat: Highest vacancies in High Court judges and staff.
Bihar: 71% of trial and district court cases pending for over 3 years.

2. Judiciary Spending

Per capita judiciary spending: ₹182.
No State spends more than 1% of its total budget on the judiciary.

IV. Legal Aid

1. Budgetary Constraints: Per capita legal aid spending: Only ₹6 per annum.

Waqf Amendment Act 2025

Context: The Waqf (Amendment) Bill, 2025 received Presidential assent in April 2025, and has become an Act. Let’s understand the meaning of waqf, its historical background, issues with the previous Act, key changes made by the present Act, its criticisms and way forward.

Relevance of the Topic: Prelims: Key facts related to Waqf Amendment Act 2025

Meaning of ‘Waqf’

Waqf refers to properties dedicated exclusively for religious or charitable purposes under Islamic law. Any other use or sale of this property is prohibited.
Waqf means that the ownership of the property is now taken away from the person making Waqf and transferred and detained by Allah. ‘Waqif’ is a person who creates a waqf for the beneficiary.
As Waqf properties are bestowed upon Allah, in the absence of a physically tangible entity, a ‘mutawalli’ is appointed by the waqif, or by a competent authority, to manage or administer a Waqf. Once designated as waqf, the ownership is transferred from the person making the waqf (waqif) to Allah, making it irrevocable.

Historical Background

Origin of Waqf in India: Waqf (Islamic endowment for religious or charitable purposes) has roots in India since the 12^th century; it was introduced during the reign of Muhammad Ghori. It was further expanded under Delhi Sultanate and Mughal Empire, where rulers encouraged charitable endowments for mosques, madrasas, and public welfare.
Legislation under Colonial Period: British colonial administration codified Waqf laws to regulate Muslim endowments. The Mussalman Wakf Act, 1923 was the first comprehensive law to govern Waqf properties, establishing State Waqf Boards to manage them.
Post-Independence Legislation:
- Waqf Act, 1954 was enacted post-independence to consolidate and amend laws relating to Waqf.
- Waqf Act, 1995 replaced the 1954 Act, introducing provisions for better management and protection of Waqf properties, including mandatory registration and establishment of Waqf tribunals.
Need for reform: Despite these laws, mismanagement, encroachments, and legal disputes have persisted. The 2025 Amendment Act was introduced to address these challenges comprehensively and modernise waqf governance.

Issues with previous Waqf Act

Widespread Mismanagement and Corruption: Many Waqf properties were illegally sold, encroached upon, or leased without proper authorisation. State Waqf Boards often lacked capacity, transparency, and accountability.
Issue of inadequate Survey and Registration: Surveys conducted under the 1995 Act were outdated and incomplete, leading to disputes over ownership. Many properties remained unregistered or improperly documented.
Increased litigation and Disputes: Waqf tribunals were often understaffed, leading to delays in resolving disputes. Tribunal decisions were final with no provision for appeal, causing dissatisfaction and prolonged conflicts among litigants.
Limited representation: Women were largely excluded from Waqf Board membership and decision-making. Minority Muslim sects such as Shia, Bohra, and Aghakhani had no separate representation or boards.
Government-land encroachment: Some government lands were declared Waqf without proper legal basis, leading to conflicts between state authorities and Waqf Boards.

Need for Amendment

Modernising governance: Existing laws were insufficient to handle the scale and complexity of Waqf property management in the 21^st century. There was a need to bring the Waqf administration in line with contemporary legal and administrative standards.
Enhancing transparency: To prevent misuse and encroachment, mechanisms for transparent surveys, audits, and financial management were necessary.
Ensuring inclusivity and representation: Women’s participation and representation of minority Muslim sects were essential for equitable governance.
Resolving legal ambiguities: Clarifying ownership of disputed government lands and enabling appeals against tribunal decisions to reduce litigation backlog.
Aligning with Revenue Laws: Integrating Waqf property surveys with state revenue laws to improve accuracy and enforcement.

Key Changes Made by the 2025 Amendment Act

1. Definition and Formation of Waqf:

Restriction on Waqf Declaration: Only Muslims who have owned immovable property for at least five years can declare it as Waqf. Abolishes the concept of “Waqf by user” (where property used as Waqf for decades automatically becomes Waqf).

2. Survey and Registration:

Role of Revenue Authorities: Surveys of Waqf properties will be conducted by state revenue officials (District Collectors/Senior Official), not Waqf Boards. Surveys will follow the respective state’s revenue laws to ensure accuracy and legal validity.
Registration Process: Waqf properties must be registered with the State Waqf Board within a stipulated timeframe.

3. Governance Reforms:

Composition of State Waqf Boards (SWBs): At least two Muslim women members must be included in each SWB, enhancing gender representation. Non-Muslim members can be appointed to SWBs to promote inclusivity and transparency.
Central Waqf Council (CWC): Non-Muslims can constitute up to 25% of the CWC membership, broadening representation.
Separate Boards for Minority Sects: Provision for separate Waqf Boards for Bohra, Aghakhani, Shia, and Sunni sects to address sect-specific concerns.

4. Dispute Resolution and Appeals:

Changes in Tribunal Composition: Muslim law experts are removed from Waqf tribunals; revenue officers and legal experts will be appointed instead. This intends to bring administrative expertise and reduce religious bias.
Appeals to High Courts: Tribunal decisions are no longer final; aggrieved parties can appeal to High Courts within 90 days. This introduces judicial oversight and safeguards against erroneous tribunal rulings.

5. Government land and Waqf Properties:

Clarification on Government Land: Disputed government lands declared as Waqf will cease to be Waqf properties. The state revenue authorities (collectors) will resolve ownership disputes.

Criticism and Challenges

1. Legal and Constitutional Concerns

Supreme Court Observations: The Supreme Court has raised concerns about the de-notification of court-declared Waqf properties and the removal of Muslim law experts from tribunals. It has also raised questions about the constitutionality of non-Muslim majority representation in Waqf Boards, given the religious nature of Waqf.

2. Community and Religious Opposition

All India Muslim Personal Law Board (AIMPLB): They have called the amendments “arbitrary” and “exclusionary,” alleging infringement on Muslim religious rights. It has also opposed removal of Muslim jurists from tribunals and restrictions on Waqf formation.
Petitions and Protests: Various Muslim organisations filed petitions challenging the Act for violating religious freedoms under Article 14, 25, 26 and 29 of the Indian Constitution.

3. Abolition of ‘Waqf by User’

Historical Erasure: The removal of this provision jeopardizes properties used for religious purposes for decades but lacking formal documentation. The Supreme Court has also raised concerns in this regard as 4 lakh out of 8 lakh waqfs are waqf-by-user properties.
Legal Ambiguity: Genuine Waqf properties declared by courts may lose status if disputed, despite the Act’s clause protecting pre-registered properties.

4. Increased State Control:

Bureaucratic Overreach: Dispute resolution powers have been shifted from Waqf Tribunals to District collectors/Senior officials and revenue officials which centralizes the authority under state machinery. Critics thus fear delays and bias in cases involving government lands.
Removal of Section 40: The repeal of this provision (which allowed Waqf Boards to designate properties as Waqf) weakens the Boards’ autonomy.

5. Sectarian and Gender concerns:

Underrepresentation of Minority Sects: Despite separate boards for Shia, Bohra, and Aghakhani communities, critics argue the Act fails to address historical marginalization.
Tokenism in Gender inclusion: Though the Act mandates two Muslim women on State Boards, skeptics question whether this ensures meaningful participation.

6. Non-Muslim Representation: Requirement for non-Muslim members on Waqf boards is opposed by critics arguing that such representation may undermine the boards’ integrity due to a lack of understanding of Islamic law and jurisprudence.

Way Forward

Community Engagement: Dialogue with Muslim organisations, religious leaders, and minority sects to build consensus and ensure the reforms respect religious sentiments.
Strengthening Institutional Capacity: Equip State Waqf Boards and revenue officials with adequate training, technology, and resources for effective property management and dispute resolution.
Use of Technology: Implement digital platforms like the Quranic Waqf Board Tracking System (QWBTS) and Survey and Settlement Web-based System (SWSVY) for transparent surveys and monitoring.
Empower Women Members: Ensure women in Waqf Boards have meaningful roles and decision-making authority.
Respect Sectarian Autonomy: Facilitate smooth functioning of separate boards for minority sects (Bohra, Aghakhani, Shia), respecting their unique religious practices.
Regular Audits: Conduct periodic financial and property audits to ensure transparency and accountability.

The Waqf (Amendment) Act, 2025 addresses long-standing issues of mismanagement and encroachment, however the Act has faced criticism on religious and constitutional grounds. The success of these reforms will depend on balanced implementation, legal clarity, and meaningful engagement with the Muslim community.

Registration of Birth and Death in India

Context: Recently, the Office of the Registrar General of India (RGI), under the Ministry of Home Affairs, has issued a circular directing all public and private hospitals to report births and deaths within 21 days. This was in response to the persistent issue of under-reporting of births and deaths.

Relevance of the Topic: Prelims: Key facts related to Registration of Births and Deaths Act, 1969.

Registration of Birth and Deaths in India

Registration of births and deaths in India is regulated by the Registration of Births and Deaths Act, 1969. The Act is administered by the Registrar General of India.
Civil Registration System (CRS) is the administrative mechanism through which the RBD Act is implemented.

Key Provisions of the Registration of Births and Deaths Act, 1969:

All births and deaths must be registered within 21 days of occurrence.
The process of registration involves a hierarchy of Registrars:
- Local Registrars appointed by state governments at the village, municipal, or ward level are responsible for actual registration of births and deaths and issuing certificates.
- Chief Registrars appointed at the state/UT level supervise registration activities across the state and coordinate with local registrars and ensure compliance.
- Registrar General of India (RGI) is responsible for national coordination, publishing vital statistics, and maintaining the central Civil Registration System (CRS) portal.
Under the CRS, controlled by the RGI, government hospitals have been entrusted with the responsibility of functioning as registrar.

Registration of Births and Deaths (Amendment) Bill 2023:

Registration of Births and Deaths Act 1969 was amended in 2023 to modernise, digitise, and centralise the system of civil registration in India.

The amended Act mandated the digital registration of all births and deaths through the central Civil Registration System (CRS) portal. Data from CRS is used to update the National Population Register (NPR), Ration cards, Electoral rolls, and Property registration records.
It empowered the RGI to maintain a national database, and made it obligatory for Chief Registrars and local registrars to share real-time data with the Centre.
The digital birth certificate becomes the sole and legally valid document for accessing various services such as school admission, passport application, voter registration, and marriage registration.
The penalties for negligence or delay in registration is ₹1000 under the Act.

Challenges

Nearly 10% of births and deaths are not being registered, thus, undermining the goal of universal civil registration in India.
The Vital Statistics of India report has not been published since 2020.

Vital Statistics of India Report

The report is a compilation of all the vital statistics reports of state governments. It depicts data regarding infant mortality, still-birth and deaths at the national level. It is published by the Registrar General of India.
Such data is used by the government in socio-economic planning, to evaluate the effectiveness of various social sector programs and also serves as the cornerstone of the public health system.

India needs a Comprehensive AI Policy

Context: As of 2024, over 85 countries, including China, Canada, South Korea, European Union, African Union etc. have released National AI strategy documents for regulation of Artificial Intelligence. However India adopts a flexible - mission mode approach lacking a Comprehensive AI policy to address emerging challenges associated with AI.

Relevance of the Topic: Mains: India’s Current AI regulations- its challenges and the need of a comprehensive AI policy.

India’s Current Approach to AI Governance

AI's rapid growth poses profound ethical, legal, economic, and societal challenges, therefore the governance and regulation of AI have garnered significant global attention. India has adopted a mission-driven, flexible approach without formal legislative or strategic endorsement.

Absence of a National Strategy: India neither has an officially approved National AI Strategy document nor a law specifically regulating AI.
NITI Aayog document titled ‘National Strategy for Artificial Intelligence’ from 2018 remains a recommendation without formal endorsement from the Government of India or an implementation plan or budget.
Mission-based framework: Instead, India has focused its resources on a government mission (IndiaAI Mission) which focuses on Innovation, Skill development, Trustworthy, safe AI ecosystem and several initiatives, such as a foundational AI model.
Expert Advisory Committee: An advisory group of experts is currently working to develop recommendations for governance frameworks that could be suitable for India. But there is limited clarity regarding whether these recommendations will be adopted into official governance policies or integrated as internal mechanisms.

Analysis of India's Approach

India's current approach has many benefits like the flexibility to adapt plans in response to the evolving nature of technologies, their adoption, geopolitics, economics, trade, and citizen sentiments. However this approach leaves significant gaps:

It does not provide a comprehensive view of India’s vision, priorities, capacity, achievements, planned milestones, initiatives, or accountability mechanisms.
AI efforts lack institutional continuity or a constitutional mandate. Initiatives remain reactive and may or may not follow a planned trajectory towards the envisioned goals.
Crucial sectors such as healthcare, education, banking, and governance are deploying AI tools without public transparency regarding their functioning or impact.
Absence of public awareness, civic dialogue, and oversight mechanisms on issues like algorithmic fairness, data origins, or labour disruptions heightens the risk of societal harm.

This concern is further aggravated by past instances in India where AI-generated content on social media incited violence, underscoring the urgent need for ethical and accountable AI governance.

What can be India’s Approach?

Globally, countries have adopted varied models for AI and data governance.
- Digital Personal Data Protection (DPDP) Act 2023 represents a centralised, cross-sectoral model, similar to the EU’s GDPR and China’s PIPL, offering a strong foundation for future AI regulation.
- The U.S. follows a decentralised, sector-specific approach.
- China has enacted AI-specific laws for targeted technologies like generative AI and deep synthesis.
India could adopt any of these models or design a hybrid framework.

Also Read: Artificial Intelligence and its Regulation

India should aim to formulate a comprehensive AI policy that outlines a national vision, ethical guidelines, capacity-building strategies, governance mechanisms, and sectoral priorities. This would enable the government to pilot regulatory tools, initiate civic discourse and pave the way for formal legislation.

India’s E-Waste Rules trigger backlash

Context: India’s new e-waste recycling regulations, aimed at formalising the sector and enhancing environmental sustainability, have triggered strong opposition from several global electronics manufacturers including Daikin, Hitachi, and Samsung.

Relevance of the topic:

Prelims: Key facts related to e-waste in India.

Mains: Issues related to e-waste recycling in India.

Current Status of E-Waste in India:

India is the third-largest e-waste generator globally, after China and the US. In FY24, the country generated 1.7 million tonnes of e-waste, more than double the amount from six years ago.
Despite rapid growth in consumer electronics (estimated at $62 billion in 2025), only 43% of the country's e-waste is officially recycled. Comparatively, the US and China have significantly higher recycling rates.
At least 80% of the sector comprises informal scrap dealers, whose methods can pose environmental and health risks.

What is E- Waste?

As per the E-Waste (Management) Rules, 2022, e-waste is defined as: electrical and electronic equipment, including solar photovoltaic modules or panels or cells, whole or in part, discarded or rejected from manufacturing, refurbishment and repair processes.
Examples: Large household appliances like Refrigerators, air conditioners, washing machines ; Consumer electronics like Televisions, computers, laptops, smartphones etc.
E-waste can contain material of economic benefit such as plastics, iron, glass, aluminum, copper, silver, gold, platinum, palladium and indium etc. and rare earth elements.
E-Waste contains hazardous substances such as Lead, Cadmium, Mercury, Hexavalent Chromium, Polychlorinated Bi-phenyls (PCBs), Brominated Flame Retardants (BFR), etc.
Management of E-Waste in India is regulated under E-Waste (Management) Rules, 2022 under the Environment Protection Act, 1986.

India’s E-Waste Regulations

Concerned about poor waste processing practices, the Indian government has introduced a minimum floor price for recycling electronic goods to incentivise formal recycling.
The rules mandate: Rs 22/kg for consumer electronics and Rs34/kg for smartphones.
The Policy aims to:
- Discourage environmentally harmful practices in the informal sector, which handles over 80% of India’s e-waste using dangerous techniques like acid leaching and open burning.
- Incentivise formal recycles by ensuring a guaranteed revenues for processing e-waste.
- Strengthen Extended Producer Responsibility (EPR) and promote circular economy.

Firms’ Response

The firms are urging environment officials to abandon the approach, with four companies suing the Central government over the measures they say will heighten compliance woes and increased costs will cascade into higher consumer prices unsettling businesses
For example, Hitachi stated that its recycling cost has risen nearly fourfold, from Rs 6/kg to Rs22/kg, translating into millions of dollars in additional expenses.

Government’s Response:

The government has maintained that it was ‘reasonable’ and within its powers to fix prices. Allowing companies and recyclers to set their own prices could lead to cost-cutting and unsafe practices.
There are currently 322 authorised recyclers in India. The government believes the floor price will help develop scientific recycling infrastructure and attract more investments in the sector.

The stand-off marks the latest chapter in foreign companies’ battles with India over what some perceive as protectionist policies and shifting regulatory goal posts.

Why does India need to clean its air?

Context: India has set a target to reduce PM 2.5 levels by 2026 to 40% of the levels in 2017. While ambitious, the target risks falling short, if it is not mindful of on-ground realities.

Relevance of the Topic: Mains: Limitations of current policies, and the need for a more structured and data-driven approach to combating air pollution.

India’s Air Pollution Crisis

India’s Air Pollution crisis is a persistent, silent pandemic that chokes our lungs every winter and quietly lingers throughout the year.
While initiatives like the National Clean Air Programme (NCAP), Bharat VI emission norms, Pradhan Mantri Ujjwala Yojana (PMUY), and targeted efforts to phase out coal-burning industries (particularly in the National Capital Region) mark important progress, the national response remains fragmented and slow-moving.

Key Challenges:

Structural and Behavioural Issues: Air Pollution is a complex structural issue shaped by:
- Lack of coordinated execution.
- Demographic pressure due to rapid urbanisation.
- Socio-economic disparity: inequality in access to cleaner alternatives.
- Entrenched economic systems: heavy dependence on coal and outdated industrial practices.
- Behavioral norms: reluctance to shift away from polluting fuels.
Lack of Capacity: Air quality is often treated as a secondary concern rather than a core municipal function. Municipal officers, planners, engineers, and community leaders operate within tight budgets, outdated infrastructure, and competing local demands.
- India’s NCAP budget is just 1% of what China spent on air pollution reduction.
- Between 2019-2023, only 60% of NCAP funds were utilised, highlighting administrative inefficiencies.
Local governments lack access to high-resolution, open-source data on emissions-generating activities. Without such data, air pollution remains an abstract issue, disconnected from daily governance.

Way Forward: Strategy Needed

India needs a phased, data-driven approach.
- Phase I: Build local emissions profiles to identify the biggest pollution sources.
- Phase II: Link funding directly to targeted actions based on that data.
- Phase III : Track reductions in emissions, not just pollution concentrations, to measure real progress.
Activity-based tracking (E.g., monitoring the number of old diesel vehicles; LPG stoves adopted) is needed for more accurate measurement.
Effective utilisation of allocated funds. Better coordination between all levels of government.
Learning from global examples: India must do the same — innovate programmes tailored to its regional requirements.
- China closed coal plants
- Brazil used community-led waste systems
- California reinvested pollution revenue in poor communities
- London banned coal-use before launching sensors.

India’s clean air future will be shaped by people, partnerships, and purpose. Clean air must be a right for all, not a privilege for a few. Securing that right will take coordination, courage, and a commitment to act.

Abortion and Foetal Viability: Legal Framework in India

Context: Abortion rights remain a contentious issue globally, often caught between ethical concerns and legal frameworks. India has a progressive abortion law compared to some nations but still presents challenges beyond 24 weeks of pregnancy.

Relevance of the Topic: Mains: Abortion rights in India- Issues, Case Study, etc.

Abortion Laws in India

The law on abortion in India is primarily governed by Sections 312-316 of the Indian Penal Code and the provisions of the Medical Termination of Pregnancy Act, 1971.
The MTP (Amendment) Act, 2021 has expanded the access to safe and legal abortion services on therapeutic, eugenic, humanitarian and social grounds to ensure universal access to comprehensive care.

Major Provisions of the MTP (Amendment) Act, 2021:

Increase in Gestation Periods:
- The Amendment Act increases the maximum gestational limit for pregnancies that may be aborted on the advice of one 'registered medical practitioner' from 12 weeks to 20 weeks.
- For pregnancies that may be aborted on the advice of two medical practitioners, the limit has been raised to 24 weeks.
- Earlier, if the length of the pregnancy was over 20 weeks and a woman wished to undergo a termination, she would have to file a writ petition before the High Court concerned or the Supreme Court.
Recognition of Pregnancies outside of Traditional Marriages:
- The Amendment reflects the change in definition from "pregnant married woman" to "pregnant woman" and from "her husband" to "her partner".
Termination due to Failure of Contraceptive Method/Device:
- Another laudable amendment is the inclusion of unwanted pregnancies due to the failure of contraceptives, as a ground for abortion.
- Under the original MTP Act, abortions could take place only by proving that there was grave risk to the pregnant woman or grave risk of serious physical or mental abnormality.
Setting up of Medical Boards:
- All state and union territory governments will constitute a Medical Board. The Board will decide if a pregnancy may be terminated after 24 weeks due to substantial foetal abnormalities.
- Earlier, the medical boards were created by various High Courts and Supreme Court after entertaining writs filed by women, and were not in any way statutorily mandated.
Privacy: A registered medical practitioner may only reveal the details of a woman whose pregnancy has been terminated to a person authorised by law.

Also Read: Medical Termination of Pregnancy (Amendment) Act, 2021

Important Judgement(s) by the Supreme Court w.r.t. Abortion

2023 Supreme Court Judgment on Late-Term Abortions:
- The Supreme Court ruled that a woman's bodily autonomy must be respected, even in late-term pregnancies.
- However, it also emphasised the role of medical boards in determining whether abortion can be granted beyond 24 weeks.
- This judgment highlighted the conflict between individual reproductive rights and state-mandated medical scrutiny.
- This case has shown that women can be compelled to carry pregnancies, even if they vouch that the pregnancy is unwanted and dangerous to their well-being.
X v/s NCT of Delhi (2022):
- In this judgement, the Supreme Court held that termination of pregnancies between 20 and 24 weeks is available to all women who are undergoing any change in their material circumstances.
- The Court said that ‘it is the woman alone who has the right over her body’ and is the ‘ultimate decision-maker’ in deciding if she wants an abortion.

Key Considerations on ‘Abortion Rights’ in evolving Medico-legal landscape:

1. Rights of a Foetus Under Indian Law: The rights of a foetus under the Indian Constitution are unclear as there has been no upfront articulation of it. A 2016 Bombay High Court decision relied on international human rights law to hold that the foetus does not have rights till birth. Hence, there is an urgent need to articulate the rights of a foetus under the Indian Laws.

2. Challenges in Accessing Late-Term Abortions (Medico-legal Barriers): Medical boards follow strict guidelines, allowing abortion only in extreme cases. Even severe congenital conditions may not guarantee approval for termination. Women seeking abortions post-24 weeks face lengthy legal battles, delaying decisions. E.g., A woman with postpartum depression was denied abortion at 26 weeks despite medical complications.

3. Implications of Advancements in Neonatal Medicine: With medical advancements, premature babies as early as 24-26 weeks can survive with intensive care. This raises concerns that should abortion rights be reduced as neonatal care improves? However, there is a risk of legal precedence restricting abortion rights based on medical developments rather than reproductive autonomy.

4. Privacy Concerns (Case study: Haryana’s Pregnancy registration mandate): Haryana state government aims at curbing female foeticide by ensuring early pregnancy registration. It mandates ultrasound centers to register pregnant women. Critics argue it violates privacy rights and deters women from seeking legal abortions. Could push women towards unsafe abortions outside formal healthcare systems. The mandate is in conflict with the MTP Act, which ensures confidentiality in abortion cases.

Reforming India’s Textiles Industry

Context: India has set an ambitious target to elevate its textile and apparel (T&A) exports from $34.8 billion in 2023-24 to an eye-popping $100 billion by 2030. This requires game-changing reforms in the textile sector.

Relevance of the Topic: Mains: Challenges in India’s Textile Sector and way forward

Key Stats in the Textile Sector

India has set an ambitious target to increase its textile and apparel (T&A) exports from $34.8 billion in 2023-24 to $100 billion by 2030.
India’s Textile and Apparel exports have grown steadily from $11.5 billion in FY2001 to $34.8 billion in FY24, accounting for only a 4% share in global exports of $774.4 billion.
- India's apparel export growth has remained stagnant at around 3% of global apparel exports from FY2001 to FY24, despite an increase in export value from $5.5 billion to $14.5 billion.
- In contrast, competitors like Bangladesh and Vietnam have significantly increased their global share during the same period.
At this pace, achieving the $100 billion target by 2030 seems a tall order, unless dramatic, game-changing reforms are introduced.

Challenges in the Textile Sector

Stagnation in Cotton Production:
- India’s cotton production surged after introducing Bt cotton hybrids (2002), but has declined since 2014. Production is projected to fall to 30 million bales (2024-25), the lowest in 15 years.
- India may become a net importer of cotton, with imports (2.6 million bales) surpassing exports (1.5 million bales).
- Next-gen Ht Bt seeds not approved despite the clearance from Genetic Engineering Appraisal Committee (GEAC).
Outdated Fibre Mix: India’s cotton-to-Man Made Fibre ratio (60:40) contrasts with the global average (30:70), indicating an outdated fibre mix, and the global shift towards man-made fibres.
Raw Material Cost: MMF (Man-Made Fibres) such as polyester and viscose are 20% costlier in India compared to competitors (Bangladesh, China, Vietnam). Non-tariff barriers like quality control orders hinder MMF-based apparel growth.
Decentralised Production: 80% of India's garment factories are in the decentralised sector, leading to inefficiency and low export potential.
Lack of Modernisation: Slow adoption of modern technology and weak value chain integration.
Trade Barriers: High tariff rates on apparel exports to key markets: EU (9.7%) and US (11.47%). In contrast, the EU offers zero-duty access to Bangladesh under the “GSP Everything but Arms” arrangement and imposes a 1.66% tariff on Vietnam’s apparel exports under the “EU-Vietnam FTA” this creates a competitive disadvantage for Indian exports.

Reforms needed in India’s Textile Sector

India’s garment sector needs to transition into a fashion-driven industry. To support this transformation, it is crucial to incentivise and invest in MMF-based apparel while removing non-tariff barriers, such as the quality control orders on MMF.
The PM-MITRA scheme must be fast-tracked to create integrated textile hubs, which will enhance scalability and efficiency in fabric and garment manufacturing.
India needs to negotiate Free Trade Agreements (FTAs) with the EU and the US — key markets that account for nearly 66% of India’s apparel exports.
India should explore emerging markets like Japan, Russia, Brazil, and South Korea, which offer significant opportunities for products like women’s western wear, intimate wear, swimwear, and outerwear.
Improving cotton productivity and fibre quality. Expanding irrigation, promoting high-density planting techniques, and investing in precision farming can help India bridge the productivity gap (435 kg/hectare) with global leaders like China (1,945 kg/hectare) and Brazil.
Streamlining the approval process for GM crops and establishing a single-window clearance system to speed up the adoption of high-yield, pest-resistant, next-generation cotton varieties.

To achieve the ambitious target of $100 billion in textile and apparel exports by 2030, India must address the challenges hampering the sector. This requires modernising production, adopting MMF-based apparel, enhancing value chain integration, removing trade barriers through strategic FTAs and capitalising on emerging markets.

Asbestos

Context: The Ministry of Education has banned the use of asbestos in construction or refurbishment of Kendriya Vidyalayas (KVs) and Jawahar Navodaya Vidyalayas (JNVs).

Relevance of the topic : Prelims: Key facts related to Asbestos.

Asbestos:

Asbestos is a group of six-naturally occurring silicate minerals composed of long, thin fibres.
Chemically, asbestos contains atoms of silicon and oxygen in their molecular structure. The main form in current use is chrysotile (white asbestos).
It has a widespread commercial use owing to its material properties - durability, resistance to heat, and insulating properties.

Uses of Asbestos:

Due to its heat and corrosion resistance, asbestos is widely used in Construction, textiles, automotive parts etc.
Despite a ban on asbestos mining in 1993, India continues to import and use chrysotile (a type of asbestos) primarily for asbestos-cement roofing and other applications.
India imports Asbestos mainly from Russia, Kazakhstan and China.

Issues related with use of Asbestos

Exposure to asbestos causes chronic respiratory diseases such as asbestosis (fibrosis of the lungs), and other adverse effects on the lungs.
- If products containing asbestos are disturbed, tiny asbestos fibers are released into the air.
- Asbestos fibers may get trapped in the lungs. Over time, these fibers can accumulate and cause lung scarring and inflammation.
All six main forms of asbestos have been assessed by WHO as being carcinogenic to humans. It causes cancer of the lung, larynx and ovaries, and mesothelioma (a cancer of the pleural and peritoneal linings).
Continuous exposure to asbestos can cause damage to DNA.