GS Paper 4

Swami Vivekananda introduced Vedanta to West

Context: Swami Vivekananda delivered his iconic speech on Hinduism at the Parliament of the World's Religions in Chicago on September 11, 1893. This historic address marked his introduction of Vedanta, Hinduism and Indian spirituality to the Western world. 

Relevance of the Topic:Prelims: Key facts about Swami Vivekananda; Vedanta Philosophy. Mains: Relevance of Swami Vivekananda’s ideals in the modern world.  

Swami Vivekananda, born Narendranath Datta, was an Indian Hindu monk, spiritual leader, and advocate of Vedanta philosophy in India.

Parliament of the World's Religions in Chicago: 

  • The 1893 World's Parliament of Religions marks the first formal gathering of representatives of Eastern and Western spiritual traditions. It was an attempt to create a global dialogue of faiths. 
  • In a landmark speech on September 11, 1893, 30-year-old Vivekananda preached about religious tolerance and called for an end to fanaticism. 
image 41

Swami Vivekananda introduced Vedanta to West: 

  • He presented Vedanta (philosophical position of radical non-dualism) as an inclusive, universal religion.
  • His speech helped spread the ideals of Vedanta, Hinduism and Indian spirituality to the Western world. They included:
    • importance of tolerance and acceptance of different religious beliefs.  
    • idea that all religions ultimately lead to the same truth.
    • need for harmonious co-existence of different faiths.
    • importance of recognising the divinity within each individual.
  • He highlighted the need for a balanced synthesis of Eastern spiritualism and Western materialism to foster global happiness and progress.
  • His teachings also popularised the practice of meditation and Hatha Yoga (now known only as yoga) in the West. 

What is Vedanta Philosophy?

  • The term Vedanta literally means the “conclusion” (anta) of the Vedas. Vedanta is one of the six systems (darshans) of Indian philosophy. 
  • The roots of the Vedanta philosophy are in the Upanishads (which were elaborations of the Vedas), and to the school that arose out of the study (mimamsa) of the Upanishads. 
  • There arethree main concepts in Vedanta:
    • Brahman or Ishvara which is the ultimate reality. 
    • Atman or the individual souls. 
    • Prakriti or the physical world. 
  • Three fundamental Vedanta texts:
    • Upanishads (Brihadaranyaka, Chandogya, Taittiriya, and Katha)
    • Brahma-sutras (also called Vedanta-sutras): brief interpretations of the doctrine of the Upanishads. 
    • Bhagavad Gita (Song of the Lord).

Various Schools of Thought: 

When it comes to the relationship between the three concepts (Brahman, Atman and Prakriti), there are many schools of thought. 

  • Advaita Vedanta: Brahman and Atman are one and the same. It believes that all souls across space and time are one entity. It rejects rituals and advocates renunciation. The prominent teachers were Gaudapada (500 CE) and Adi Shankaracharya (8th century CE).
  • Dvaita Vedanta: Brahman and Atman are always totally different from each other. This is the opposite of Advaita. The most important philosopher was Madhvacharya (1238-1317 CE).
  • Vishishita Advaita Vedanta: Atman is different from the Brahman though connected to it as its root. The most famous philosopher was Ramanuja (1017-1137 CE), who stressed the importance of bhakti (devotion) to a personal god. 
  • Neo-Vedanta (19th century): Combined Vedantic thoughts with nationalism. This school maintains that different schools of Vedanta are all different interpretations of a single truth. Prominent thinkers of this school include- Ramakrishna Paramhansa, Swami Vivekananda and Sri Aurobindo.

Also Read: Swami Vivekananda

SC’s New Directions on Stray Dogs 

Context: The Supreme Court has issued new directives to manage stray dogs in Delhi-NCR after the death of a six-year-old girl from rabies highlighting the need to balance animal rights with public safety.

Relevance of the Topic: Prelims: Prevention of Cruelty to Animals Act 1960; ABC Rules.
Mains: Balancing animal rights with human safety.

SC’s New Directions on Stray Dogs

  • In a suo motu case, the SC directed Municipal Authorities to pick up and house all stray dogs in Delhi and parts of the National Capital Region in dedicated shelters within eight weeks.
  • The SC directed that the stray dogs, once they are picked up and brought in, should be sterilised and immunised.
  • The dog shelters must be put under CCTV surveillance in order to ensure the dogs were neither released nor taken out.
  • Municipal Authorities must maintain a record of strays captured and housed in pounds, and produce the records in court.
  • The Bench directed the authorities to start a helpline to report incidents of dog attacks. The authorities would assist the victim in accessing treatment without delay. 
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Dog Bites in India

  • India has the largest population of stray dogs. In 2019, the government told Lok Sabha that stray dogs numbered 1.53 crore; it repeated this data in 2022.
  • In 2024, over 37 lakh cases of dog bites were reported throughout the country. Over 50 people died from rabies in 2024. 
  • As per the WHO: 
    • Dog bites are responsible for about 96% of the mortality and morbidity associated with rabies in India.
    • 36% of Rabies death in the world occur in India.
    • 30-60% of reported rabies cases and deaths in India occur in children under the age of 15 years.

About Rabies: 

  • Vaccine-preventable zoonotic disease caused by a RNA virus which infects the central nervous system of mammals, including humans. 
  • Transmission: Bite of an infected animal (dogs, cats, bats, monkeys, foxes), contact with saliva or other bodily fluids of infected animal. 
  • Symptoms: Fever and headache, hallucinations, paralysis and hydrophobia.
  • Treatment: Once symptoms appear, there is no cure for Rabies (100% fatal). 
  • Vaccines are available such as RABIVAX-S, VaxiRab N and VERORAB to immunise people both before and after potential exposures.

Government Policy on Stray Dogs:  

Prevention of Cruelty to Animals Act, 1960 : 

  • The Prevention of Cruelty to Animals Act, 1960 provides the primary legal basis for regulating and protecting stray animals in India.
  • The Act aims to prevent the infliction of unnecessary pain or suffering on animals. 
  • Under the Act, the Centre in 2001 promulgated the Animal Birth Control (Dogs) Rules.

Animal Birth Control (ABC) Programme : 

  • The ABC (Dogs) Rules, 2001 mandate that stray dogs must be humanely captured, sterilised, vaccinated against rabies, and then released back into the same locality from where they were caught.
  • Under no circumstances are stray dogs to be killed unless they are rabid, critically injured, or fatally ill.
  • Under the ABC Rules 2023, stray dogs have been recognised as community animals, acknowledging their co-existence in public spaces. This classification allows for regulated community feeding and protection against displacement.

Previous Court Judgments on Stray Dogs: 

  • Supreme Court’s Stand on Culling: In earlier hearings, the Supreme Court observed that indiscriminate culling of stray dogs is not permissible under Indian law. The SC emphasised that stray dog management must be carried out in accordance with the Animal Birth Control Rules.
  • Kerala High Court Observations (2015): In response to rising dog-bite incidents, the HC permitted local bodies to eliminate dangerous and rabid stray dogs. This order was challenged, leading to the matter being taken up by the Supreme Court.
  • Supreme Court Intervention (Post-2015): The SC stayed orders allowing mass killing of stray dogs and directed that the ABC Rules must be strictly implemented instead. The Court stressed that balance must be maintained between human safety and animal rights.
  • Bombay High Court (2018): The HC upheld the right of citizens to feed stray dogs, provided it is done at designated spots identified by local authorities. The Court underlined that feeding should not cause public nuisance or health hazards.

Also Read: Animal Birth Control Rules 2023 

Animal Birth Control Rules 2023

Context: While hearing a plea by a Noida resident harassed for feeding stray dogs in common areas, the Supreme Court observed that citizens who wished to feed stray dogs should consider doing so inside their own homes. 

The case highlights the relevance of the Animal Birth Control Rules 2023, which aims to regulate feeding practices while balancing animal welfare and public safety.

Relevance of the Topic: Prelims: Animal Birth Control Rules, 2023, Prevention of Cruelty to Animals Act, 1960, Fundamental Duties (Article 51A(g)), Article 21.Mains: GS-IV Ethical Dilemma: Compassion vs Public order 

Animal Birth Control Rules 2023

  • Animal Birth Control Rules 2023 (ABC Rules) were notified under The Prevention of Cruelty to Animals Act, 1960.
  • The Rules seek to control stray dog populations through sterilisation, and to curb the spread of rabies by vaccinating them. 
  • The Rules lay down protocols to ensure that the feeding of dogs respects both animal welfare and public safety.
  • The Rules replaced the Animal Birth Control (Dog) Rules, 2001.
  • These Rules use the expression “community animals” instead of “stray dogs”- recognising that these dogs are not ownerless intruders but territorial beings that inhabit and belong to their local environments.

Rule 20 of the ABC Rules 2023: Feeding of Community Animals

  • If a resident feeds street animals, the Resident Welfare Association (RWA), Apartment Owners’ Association, or local body’s representative must arrange designated feeding spots.
  • Feeding spots must be away from public entry points, stairs, or play areas.
  • The designated spaces must be kept clean and litter-free, and community dogs should be fed at an appointed time.
  • The Rule also lays down a dispute resolution mechanism involving the Chief Veterinary Officer, Representatives of the Police, the District Society for Prevention of Cruelty to Animals, Organisations conducting Animal Birth Control, and the RWA.

Constitutional Provisions:  

  • Article 51A(g) places a fundamental duty on citizens to have compassion for living creatures. 

Important Court Judgments

  • In Jallikattu Case 2014 (Animal Welfare Board of India vs A. Nagaraja): The Supreme court ruled that animal life falls within the meaning of Article 21 of the Constitution. The SC noted that all living creatures (including animals) have inherent dignity, right to live peacefully and the right to protect their well-being. 
  • Bombay High Court in Sharmila Sankar v. Union of India (2023) ruled in favour of residents who had faced opposition from their housing societies for feeding dogs. The court affirmed that the ABC Rules have the force of law. RWAs and societies cannot restrict the feeding of community animals or threaten or penalise individuals who do so. 

The presence of dogs in residential areas cannot automatically be considered unlawful. Nor can those who feed them be considered offenders unless their actions violate specific behavioural and spatial guidelines set by the law.

Gandhian Ideas and their reflection in Contemporary World

Relevance of the topic:

Prelims: Questions based on Gandian movements and life of Gandhi. 

Mains: GS-4 question on Gandhian ethics and ideas; Significance for Essay paper. 

About Mahatma Gandhi

  • Mohandas Karamchand Gandhi was born on 2nd October 1869. He is one of the most prominent freedom fighters associated with the Indian National Movement. 
  • He spent a major portion of his life in South Africa, worked as a lawyer and had significant contributions.

Gandhi’s Initiatives in South Africa

  • Confrontation with Racial Discrimination: Gandhi himself experienced the racial discrimination and raised voice against the policy of Apartheid in South Africa.
  • Formation of the Natal Indian Congress (NIC): Gandhi founded the Natal Indian Congress in 1894 to unite and advocate for the rights of Indians in South Africa.
  • Civil Rights Advocacy: Gandhi fought against the marriage registration Act that violated the civil rights of Indians.
  • Birth of Satyagraha: Gandhi launched his philosophy of non-violent resistance, Satyagraha in 1906 during the fight against the "Black Act."
  • Indian Opinion Newspaper: He founded the Indian Opinion in 1903 to raise awareness about injustices and mobilise the community.
  • Resistance to Indentured Labor System: Gandhi opposed the exploitation of Indian indentured laborers and advocated for their rights.
  • Campaigns Against Discriminatory Laws: He led peaceful protests, including burning registration certificates, to resist oppressive laws.
image 189

Important Gandhian Movements in India

  • Champaran Satyagraha (1917): Gandhi advocated for the rights of peasants of Champaran, and raised voice against the unjust ‘Tinkathia’ system of indigo plantation.
  • Ahmedabad Mill Strike (1918): He demonstrated the tool of hunger strike to secure the Plague bonus for the Ahmedabad mill workers.
  • Kheda Satyagraha (1918): Kheda Satyagraha was led by Gandhi to protest against the oppressive tax increase imposed on peasants despite crop failure and famine conditions.
  • Non-Cooperation Movement (1920-1922): Initiated by Gandhi in response to the Rowlatt Act and the Jalliawalah Bagh Massacre. Later, the movement was called back after the Chauri Chaura incident in 1922.
  • Ground work and social reform: Gandhi played a crucial role in reforms in village culture, and rural economy; eradication of untouchability, upliftment of the Dalit Community with his organisation- Harijan Sewak Sangh.
  • Civil Disobedience Movement: Gandhi initiated the movement by breaking Salt law and marched from Sabarmati Ashram to Dandi in 1930.  
  • Quit India Movement (1942): In response to the failure of Cripps Mission, threat of Japanese invasion during World War II, civil atrocities, and war-led inflation, Gandhi launched Quit India movement on 8 August 1942 with the slogan ‘Do or Die’. 

Gandhian Ideas and their Relevance in present context: 

  • Truth: Gandhi emphasised truth as it is critical for transparency, trust, and accountability in governance, business, and personal relationships.
    • E.g., Whistle blowers like Suchir Balaji who unveiled violations of copyrights by OpenAI upheld the idea of truth.
  • Non-violence: Gandhi advocated for resolving conflicts without violence, whether in personal disputes or political struggles. Challenges like wars, conflicts (Israel-Hamas conflict) and terrorism, make adopting non-violence a key component in the present world. 
  • Sarvodaya: Gandhi's Sarvodaya principle means 'Universal Uplift' or 'Welfare of All', especially the marginalised sections. Inclusive development and policies to reduce inequality reflect Sarvodaya’s principles. E.g., National Food Security Act 2013 for marginalised sections.
  • Self-reliance: Gandhi promoted self-reliance by encouraging the use of locally made goods and rejecting dependency on foreign products. The world is facing issues like neo-colonialism; global issues like CoVID-19 makes self reliance a key.
    • E.g., Atmanirbhar Bharat initiative mirrors Gandhian Swadeshi philosophy. 
  • Decentralisation: Gandhi supported decentralised governance, empowering local communities through self-rule (Gram Swaraj). Decentralisation helps in effective governance and participatory democracy.
    • E.g., 73rd and 74th Constitutional Amendment Act devolving powers to Panchayati Raj institutions and Urban Local Bodies. 
  • Simplicity: Gandhi emphasised on the idea of simple living. He quoted, “The world has enough for everyone's needs, but not enough for everyone's greed.” The idea of simplicity aligns with sustainable living by minimising human greed or materialistic desires.
    • E.g., Lifestyle for Environment (LIFE) campaign to promote sustainability with simple living. 
  • Trusteeship: Gandhi favoured the idea where the rich hold the wealth as the trustee of vulnerable sections of society. The concept is relevant in the present world due to rising inequalities in the world as 1% individuals hold 90% of wealth.
    • E.g., Corporate social responsibility and District Mining Committees are based on Gandhian trusteeship concept. 

Therefore, Gandhian ideology and values are crucial for sustaining the peaceful coexistence of humankind.

Ethical Dilemmas in navigating Farmer Protests

Context: A prominent farmer leader is on an indefinite hunger strike demanding legal guarantee for Minimum Support Price, while following Gandhian principles of Non-violence. The government faces criticism from courts for not providing medical care, while farmers threaten mass mobilisation if force is used. 

Relevance of the Topic: Mains: Ethics and Human Interface: Essence, determinants and consequences of ethics in human actions. 

Ethical Analysis of the Situation

  1. Deontological Ethics (Kant): "Act only according to rules you could as universal law."
    • Government's categorical duty to protect life is absolute
    • Farmer's right to protest cannot override duty to preserve life
    • Medical care is a moral imperative regardless of circumstances.
  2. Utilitarian Ethics (Bentham): "Greatest good for greatest number"
    • Calculate total welfare impact on farmers, consumers, economy
    • Consider long-term effects on agricultural sustainability
    • Balance individual sacrifice against collective benefit.
  3. Virtue Ethics (Aristotle): "Moral excellence comes about as a result of habit"
    • Courage shown by protest leader
    • Government's prudence in handling situation
    • Finding meaning between force and inaction (Golden Mean Principle).
  4. Gandhian Philosophy: "Non-violence is the greatest force at Mankind's disposal". In a gentle way you can change the world - Gandhiji
    • Satyagraha as moral force
    • Self-suffering to highlight injustice
    • Non-violent resistance against perceived wrong.
  5. Social Contract Theory (Rousseau, Locke): "Government derives legitimacy from people's consent"
    • State's obligation to protect citizens
    • Citizens' right to protest unjust policies
    • Balance between individual and collective rights.
  6. Care Ethics (Nel Noddings): "Moral Action stems from Compassion"
    • Empathy for farmer's situation
    • Responsibility for protestor's wellbeing
    • Community relationships and interdependence.
  7. Buddhist Ethics: "Avoid extremes, follow Middle Path"
    • Reduce suffering of all parties
    • Seek compromise and harmony
    • Compassion for all stakeholders.
  8. Contemporary Rights Theory (Rawls): "Justice as Fairness"
    • Fair distribution of benefits and burdens
    • Protection of basic liberties (Liberty principle)
    • Special consideration for disadvantaged groups (Difference principle)

Resolution Framework with Philosophical Underpinnings

1. Immediate Actions: 

  • Medical Care Approach: Hippocratic Tradition
    • "First, do no harm" principle guides medical intervention
    • Balance autonomy with protection of life - Respects individual choice while ensuring survival
    • Respect dignity while ensuring care - Maintains human rights during medical intervention
  • Dialogue Framework (Habermas):
    • Communicative action theory for conflict resolution
    • Create conditions for authentic discourse
    • Enable rational consensus-building
  • Peace Maintenance (Perpetual Peace - Kant):
    • Establish provisional arrangements 
    • Create conditions for lasting resolution
    • Maintain civil order without force

2. Medium-term Solutions:

  • Policy Development (Amartya Sen):
    • Capability approach to agricultural policy
    • Development as freedom concept
    • Participatory policy-making
  • Stakeholder Engagement (Freeman):
    • Multiple stakeholder consideration
    • Balanced interest representation
    • Ethical business approach

3. Long-term Structural Changes:

  • Social Justice (Rawls):
    • Difference principle in agricultural policy
    • Fair equality of opportunity
    • Just savings principle
  • Sustainable Development (Hans Jonas):
    • Imperative of responsibility
    • Future generations consideration
    • Environmental sustainability

4. Implementation Framework:

  • Administrative Ethics (Max Weber):
    • Bureaucratic responsibility
    • Rational-legal authority
    • Professional duty
  • Democratic Theory (Dahl):
    • Inclusive participation
    • Effective opposition
    • Institutional accountability

5. Monitoring Mechanisms:

  • Social Accountability (Rousseau):
    • General will consideration
    • Public oversight
    • Transparent governance
  • Ethics of Care (Gilligan):
    • Relationship maintenance
    • Community healing
    • Trust rebuilding. 

Overall the action must integrate philosophical wisdom with practical governance needs, ensuring both theoretical soundness and implementational feasibility. 

China is World’s largest Debt Collector

Context: Recently, the International Debt Report 2024 was released by the World Bank. Among other trends, the report shows that over 25% of the world’s bilateral external debt was owed to China in 2023, making the country the leading debt collector in the world. 

This has raised ethical concerns over the debt trap diplomacy used by China.

Relevance of the Topic: Mains: Ethics in contemporary International Aid. 

Discussion of Ethical Issues:

1. Deontological Duty – Kantian deontology focuses on respecting sovereignty and autonomy.  

  • Example: China's $8 billion loan to Sri Lanka maximised infrastructure development (utilitarian good) but violated the country's right to self-determination when it had to surrender Hambantota port (deontological violation).

2. Virtue Ethics in International Relations – Focuses on character traits like benevolence, justice, and integrity in lending practices.

  • Example: China's lending to 16 cobalt mines in Democratic Republic of Congo demonstrates lack of virtuous lending - prioritising resource acquisition over genuine development assistance.

3. Care Ethics and Relational Responsibilities – Emphasises contextual relationships and responsibilities toward vulnerable parties.

  • Example: China's 75% debt hold over Laos shows failure of care ethics - exploiting rather than nurturing development relationships despite obvious vulnerability.

4. Social Contract Theory – International aid should reflect mutually beneficial agreements between equal parties.

  • Example: Pakistan owing 60% bilateral debt to China violates social contract principles - creates coercive rather than cooperative relationships.

5. Rawlsian Justice Theory - Aid should benefit least advantaged and ensure fair equality of opportunity.

  • Example: China's Belt and Road Initiative violates difference principle - targets strategic advantages rather than helping neediest nations improve their position. Concentration of debt ownership (25% of world's bilateral external debt held by China). Disproportionate burden on lower-income countries.

Also Read: China’s Debt Trap Diplomacy

Ethical framework for International Aid

1. Foundational Justice (John Rawls)

  • The 'veil of ignorance' test: Aid policies should be designed as if we don't know which country we'll be born in
  • Difference Principle: Aid should prioritize improving conditions for the worst-off nations
  • Fair Equality of Opportunity: Aid should create genuine development opportunities, not dependence

2. Capability Development (Amartya Sen & Martha Nussbaum)

  • Aid should enhance recipients' fundamental capabilities and freedoms.
  • Focus on developing human capital and institutional capacity.
  • Respect for local agencies in determining development priorities.

3. Relational Ethics (Nel Noddings & Virginia Held)

  • Aid relationships should be based on care and mutual respect.
  • Emphasis on long-term relationships over transactional assistance.
  • Recognition of contextual needs and cultural sensitivities.

4. Cosmopolitan Responsibility (Peter Singer & Thomas Pogge)

  • Global moral obligations transcend national boundaries
  • Wealthy nations have positive duties to assist poorer ones
  • Addressing structural inequalities in global economic system

5. Sustainable Development (Hans Jonas)

  • Imperative of responsibility toward future generations
  • Environmental and social sustainability in aid programs
  • Long-term viability over short-term gains

6. Practical Implementation:

  1. Trust & Accountability (Onora O'Neill)
  2. Democratic Participation (Jürgen Habermas)
  3. Local Empowerment (Paulo Freire)
  4. Cultural Respect (Charles Taylor)
  5. Strategic Effectiveness (Peter Drucker)

Conclusion: International aid must balance moral imperatives with practical effectiveness while respecting recipient autonomy and dignity.

Privacy Rights Vs Security

Context: While the government maintains that collection of individual data is necessary to streamline services delivery, however, the explosion of data generation, coupled with the rise of cyber threats, underscores the importance of safeguarding personal information. 

Relevance of the Topic: Mains: GS-IV- Ethical concerns and dilemmas in government and private institutions; Accountability and ethical governance. 

1. Utilitarian Perspective on Privacy vs Security focuses on maximising overall Societal Welfare.

Moral Consequences:

  • Lives saved through prevented terrorism/crime
  • Reduced criminal activity through deterrence
  • Enhanced investigation capabilities
  • More efficient law enforcement resource allocation

Moral Considerations:

  • Erosion of public trust
  • Violation of moral authority. 
  • Potential data misuse for political gain
  • Reduced innovation due to privacy concerns
  • Psychological burden of constant surveillance
  • Discouragement to alternative security measures' effectiveness

Quantitative Analysis:

  • Cost-benefit calculations of surveillance programs
  • Statistical likelihood of preventing attacks
  • Economic impacts of privacy loss
  • Healthcare costs from surveillance-induced stress

The utilitarian approach requires gathering empirical evidence about outcomes while acknowledging measurement challenges for intangible costs like lost privacy.

2. Social Contract Theory analysis of Surveillance vs Privacy:

Core Principles:

  • Citizens come together to surrender certain rights for collective security.
  • Government's power derives from consent of the governed.
  • Mutual obligations between state (moral authority) and citizens (civic duty).
  • Transparency and accountability requirements for trustworthiness.

Key Questions:

  • Have citizens meaningfully consented to surveillance?
  • Is the social contract being upheld by both parties?
  • Are surveillance powers being used as agreed?
  • Do citizens have adequate oversight mechanisms?

Institutional Requirements:

  • Clear legal frameworks limiting state power
  • Independent oversight bodies
  • Protections of the due process
  • Regular public reporting
  • Democratic discussion on surveillance policies

Legitimacy Conditions:

  • Proportional measures only
  • Equal application across society
  • Protection of fundamental rights
  • Redress mechanisms for abuse
  • Regular review and reform of surveillance authority

The social contract approach emphasises procedural safeguards and democratic consent rather than just outcomes.

‘Just War Theory’ in the Syrian situation

Context: Turkish backed rebels in Syria have overthrown President Bashar Al Assad, ending the Assad family’s 5 decades rule in the country. The offensive is led by Hayat Tahrir al-Sham (HTS) formerly known as the Nusra Front (It is a the Syrian branch of al-Qaeda).

Relevance of the Topic: Mains- Essence, determinants and consequences of ethics in human actions. 

Jus ad bellum (Right to War) considerations: 

  • Just cause: Was overthrowing the Assad regime justified?
    • The militant group HTS claimed justification based on Assad's documented human rights violations, including chemical weapons attacks.
    • However, HTS's own history of extremist violence and al-Qaeda links raises questions about their moral standing.
  • Right intention: Were the rebels' motives primarily humanitarian or politically/religiously motivated?
  • Legitimate authority: 
    • HTS lacks clear international recognition or broad-based Syrian support 
    • The absence of UN Security Council authorization raises questions of legitimacy
  • Proportionality: Whether benefits outweigh costs of civil war and instability?
    • The rapid military advance appears to have minimized immediate civilian casualties.
    • However, the long-term costs of potential instability, refugee flows, and economic disruption must be considered.
    • The risk of wider regional conflict involving Iran and Russia remains high.
  • Last Resort: While diplomatic efforts like the UN peace process had stalled, it's debatable whether all peaceful options were exhausted. The timing appears driven more by tactical opportunity than systematic exploration of alternatives.
  • Reasonable Chance of Success
    • The initial military success is clear, but the ability to establish stable governance remains uncertain.
    • Risk of prolonged insurgency or state fragmentation.
    • Questions about HTS's capacity to manage a complex modern state

There are significant challenges in meeting traditional Just War criteria. While Assad's regime allegedly committed serious violations warranting intervention, HTS's legitimacy, intentions, and governance capacity raise serious moral concerns. The international community's muted response reflects these ethical ambiguities.

Imminent challenges:

Post-conflict justice:

  • How to handle former regime officials and security forces?
  • Preventing revenge killings and sectarian violence
  • Establishing legitimate transitional justice mechanisms
  • Balancing accountability with reconciliation

Governance Responsibilities:

  • Occupying force's obligations to maintain order and services
  • Protection of religious and ethnic minorities
  • Managing relationship with international community
  • Economic stabilisation and reconstruction

Regional Implications:

  • Impact on neighboring states and refugee populations
  • Risk of proxy conflicts between external powers
  • Management of cross-border militant groups
  • Regional security architecture. 

Just War Theories must evolve to address contemporary challenges while maintaining its core ethical principles. The Syrian case demonstrates the complex interplay between military necessity, civilian protection, and post-conflict responsibilities.

India’s corneal blindness problem

Context: India is facing an acute shortage of corneas required for transplantation, whereas the cases of corneal blindness in the country are on the rise. 

Relevance of the topic:

Prelims: Cornea; Transplantation of Human Organs and Tissues Act (THOTA), 1994

Mains: Ethical issue- balancing individual consent and public good in medical practices. 

Corneal Blindness in India

  • Prevalence: Corneal blindness, a leading cause of vision impairment in India, with the country seeing an estimated 20,000 to 25,000 new cases every year.
  • Corneal blindness is vision loss due to damage or scarring of the cornea (the eye's transparent outer layer).
    • Reasons include- Infectious diseases like keratitis, eye trauma, injuries, congenital conditions and deficiencies like vitamin-A.
    • Without timely treatment, it can lead to irreversible blindness.
  • Annual Requirement: Approximately 1,00,000 corneal transplants.
  • Availability: Only 30% of corneal transplants demand is met. 
  • Infrastructure Deficit:
    • India has only 12–14 high-functioning eye banks against the required 50 facilities.
    • Shortage of skilled corneal surgeons with a current need for 500 active specialists.
eye anatomy diagram

Policy Proposals: Presumed Consent vs. Required Request:

  • The Ministry of Health is proposing a policy to allow corneal retrieval from deceased patients without prior family consent, aiming to address the shortage. 
  • It will require a ‘presumed consent’ amendment to the Transplantation of Human Organs and Tissues Act (THOTA), 1994 to allow cornea retrieval from all eligible deaths in hospitals.

1. Presumed Consent:

  • Definition: All deceased individuals are treated as donors unless they have explicitly opted out. 
  • Advantages: Quicker organ-retrieval, the process is simplified by by-passing the requirement of consent from the next-of-kin. (Corneas need to be retrieved within eight to 10 hours after death)
  • Issues: Undermines public trust due to lack of explicit consent. 

2. Required Request:

  • Definition: Seeking consent explicitly from the next-of-kin of the deceased person even if a presumed consent law exists. 
  • Advantages: Builds trust between donors, recipients and the healthcare system. 
  • Challenges: Time-consuming and requires counselling at hospitals. 

India’s Hospital Cornea Retrieval Programme (HCRP):

  • India has a successful model of ‘required request’ corneal donation: a hospital cornea retrieval programme (HCRP).
  • In an HCRP, a grief counsellor approaches the kin of the deceased and initiates a conversation, gently motivating them to consider a donation. The donation is processed only after receiving explicit consent from the kin.
    • Of the 1,40,000 corneas harvested by the Ramayamma International Eye Bank in Hyderabad, over 70% have come from HCRP. 

Way Forward

  • Programs focusing on eye health education and nutritional support, particularly with Vitamin-A supplementation for vulnerable populations.
  • Widespread educational campaigns using media and community events to inform the public about the significance of eye donation, the processes involved, and its positive impact.
  • Building high-functioning eye banks, training corneal surgeons and building specialised units for grief-counseling in general hospitals. 
  • Enhance collaboration between public health bodies, NGOs, and private healthcare providers.

It is therefore possible for India to eliminate avoidable corneal vision loss by investing in a consent-driven donation paradigm, 50 high-functioning eye banks, and by activating 500 corneal surgeons. 

No Immunity for MPs/MLAs Taking Bribe for Vote/Speech in Legislature: Supreme Court

Context: Supreme Court in the Sita Soren vs Union of India judgement has overruled its 1998 judgement in P V Narsimha Rao Vs State (CBI/SPE) which granted immunity to the legislators in context of votes made in parliament and legislative assemblies.

Background of the Issue (P V Narsimha vs State (CBI/SPE) Case)

Article 105(2) of the Constitution of India grants immunity to Members of Parliament (‘MPs’) against prosecution in respect of anything said or any vote given by him in Parliament or any committee. Article 194(2) of the Constitution grants similar immunity to the members of Legislative Assembly.  

PV Narsimha Rao case, Constitution Bench of 5 judges upheld the above immunity to the MPs as per Article 105(2) which included the speech or vote made in furtherance of receiving illegal gratification or bribe.

Privileges provided by the Constitution of India:

  • In context of Powers, Privileges and Immunities of Parliament and its Members, Article 105(2) reads:
    • No member of Parliament shall be liable to any proceedings in any court in respect of anything said or any vote given by him in Parliament or any committee thereof, and no person shall be so liable in respect of the publication by or under the authority of either House of Parliament of any report, paper, votes, or proceedings.
  • In context of Powers, Privileges and Immunities of State Legislatures and their Members, Article 194(2) reads:
    • No member of the Legislature of a State shall be liable to any proceedings in any court in respect of anything said or any vote given by him in the Legislature or any committee thereof, and no person shall be so liable in respect of the publication by or under the authority of a House of such a Legislature of any report, paper, votes, or proceedings.

Observations in Sita Soren vs Union of India

  1. Nature of Privileges in India:
    • Privileges not absolute: Unlike the House of Commons in the UK, India does not have ‘ancient and undoubted’ privileges which were vested after a struggle between Parliament and the King. Privileges in pre-independence India were governed by statute in the face of a reluctant colonial government. The statutory privilege transitioned to a constitutional privilege after the commencement of the Constitution.
    • Individual Member's Claim of Privilege: An individual member of the legislature cannot claim privilege to seek immunity from prosecution under Articles 105 and 194 of the Constitution for charges of bribery related to their votes or speeches in the legislature.
    • Such claim of immunity fails to meet the twofold test which involves examining whether such action is (1) connected to the collective functioning of the legislative house and (2) the action has a functional relationship "to the discharge of the essential duties of a legislator."
    • Purpose of Articles 105 and 194: Articles 105 and 194 aim to create an environment conducive to debate and deliberation within the legislature.
    • This purpose gets undermined when a member is influenced to vote or speak in a particular manner due to bribery.
    • Interpretation of Expressions: The expressions "anything" and "any" in Articles 105(2) and 194(2) must be interpreted in the context of the accompanying expressions.
    • The phrase "in respect of" means 'arising out of' or 'bearing a clear relation to' and cannot be construed to include anything remotely connected to the speech or vote given by a legislator.
  • Bribe as a crime:
    • Bribery and Immunity under Articles 105(2) and 194: Bribery is not immune under Article 105(2) and its corresponding provision in Article 194 because it constitutes a crime that is not essential to the casting of a vote or the ability to decide how a vote should be cast.
      • The same principle applies to bribery in connection with a speech in the House or a Committee.
    • Impact of Corruption and Bribery:
      • Corruption and bribery by members of the legislatures undermine probity in public life.
    • Misuse and Immunity:
      • The potential for misuse against individual members of the legislature is neither increased nor decreased by recognizing the court's jurisdiction to prosecute a legislator alleged to have engaged in bribery.
    • Completion of Bribery Offense: The offense of bribery is completed at the moment when the legislator accepts the bribe, regardless of whether the agreed action is performed or not.
    • The majority interpretation in the PV Narasimha Rao case created a paradox. While accepting a bribe and voting as promised granted immunity, whereas voting independently or contrary led to prosecution. This situation has been corrected by the present case.

Conclusion:

  • By committing an act of bribery, the immunity of speech or action without fear or favour is taken away when a member votes in a certain way not because of their belief or position on an issue but because of a bribe taken by the member.
  • Corruption and bribery of members of the legislature erode the foundation of Indian Parliamentary democracy. It is destructive of the aspirational and deliberative ideals of the Constitution and creates a polity which deprives citizens of a responsible, responsive, and representative democracy.

Concerns about the govt.’s fact check unit

Context: Bombay High court has recently reserved its judgement on petitions challenging constitutionality of the Fact Check Unit established under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2023 (IT Rules) in Kunal Kamra v. Union of India.

Background:

  • In 2023, MEiTY promulgated the 2023 rules amending IT rules 2021, allowing the government to constitute a Fact Checking Unit (FCU) under IT (Intermediary Guidelines and Digital Media Ethics Code), Amendment 2023.
  • New rules require Social Media intermediaries to censor or modify the content relating to “business of Central government” if the FCU directs them to do so.
  • FCU will have power to decide whether the content on social media is fake, false, or misleading.
  • Once content is identified as fake or misleading, intermediaries must take action or lose “safe harbor” protection under I.T. Act, 2000.

Concerns against Fact Check Unit

  • Change is not in spirit with Section 79A of IT Act, 2000 which mandates providing details with reasons for such takedown orders given to IT intermediaries.
  • As there is no right to appeal or judicial oversight over orders given by the Fact Check Unit, such powers can be misused to prevent questioning or scrutiny by media organizations.
  • May create a “chilling effect” on the right to speech and expression on digital platforms which is against the spirit of Article 19(1)(a) as it gives unfettered powers to FCU.
  • Violative of Right to Equality under Article 14 as it discriminates between false news about the government and other false news.
  • Violates separation of powers as these orders have a judicial overtone but exercised by an executive unit i.e., the Fact Check Unit.
  • There is a moral argument, government cannot be the sole arbiter of what constitutes fake news.
  • Broad scope open to misuse as the FCU can verify the veracity and take down any post on IT intermediaries which relates to “any business of central government”, which is very broad and not defined.
  • No clear parameters or guidelines have been given on the grounds on which FCU flags an information as Fake or ambiguous.
  • Concerns as to what part of information would be fake, whether the source is fake, or the information itself is fake.
  • Rules do not offer protection to fair criticism of government.
  • PIB is already doing fact checking efficiently, so why need a new mechanism.
  • Ambiguity with respect to the well settled test of reasonableness under Article 19(2) with respect to the boundary separating fake news.

Other ethical issues

  • Misleading for one may not be for the other, such terms are subjective, and open to various interpretations.
  • In editorial content such as Economy, there can be variation in data as per government and other researchers, such data cannot be called as fake data.
  • There are no provisions in Rules that provide an opportunity to justify or defend the flagged content, violating principles of natural justice.

Rationale of Government for establishing FCU

  • FCU’s notices are merely advisory in nature.
  • FCU will only notify intermediaries that the content is fake, or misleading. Intermediaries can choose to take it down or leave with disclaimer.
  • In case the user is aggrieved by the intermediary’s decision, they can avail remedy before the court of law.

Conclusion & way forward

Law has to be tested not only on its intentions, but also if its consequences are constitutional.

In Bennett Coleman & Co. vs Union of India, S.C. has held that freedom of speech and of press is the Arc of the Covenant of democracy because public criticism is essential to the working of its institutions, which must be respected.·   Moving ahead with FCU, the government must ensure that the constitution of FCU restricts to the test of reasonableness under Article 19(2) and guidelines given in Shreya Singhal vs Union of India (2015).

Artificial Intelligence and its Regulation

Context: Artificial Intelligence is the science of making machines perform tasks that require human intelligence. It allows machines to learn from experience, adjust to new inputs, and perform human-like tasks.

Applications of Artificial Intelligence

1. Education: Optimising learning for individuals

2. Smart cities: Improving safety, Enabling intelligent infrastructure, Optimising complex transportation hubs, Sustaining the environment

3. Applications for basic sciences & space research: Enabling extended & flexible space exploration. E.g., the development of autonomous spacecraft & smart habitats.

4. Applications in Healthcare: 

  • Enhanced drug discovery and development: AI in drug design- Predicting the 3D structure of target proteins, AI in pharmacology, AI in drug repurposing and drug screening. 
  • For patients: More personalized diagnosis, prognosis and therapy, Enhanced relationship with the care provider, Computer vision for diagnosis and surgery (AI-enabled medical imaging), and Intelligent personal health records. 

5. Robotics & AI-powered devices: Robots are being used extensively in healthcare to replace the human workforce, augment human abilities and assist human healthcare professionals. E.g., Robots for surgical procedures such as laparoscopic operations, Mitigating effects of disabilities. E.g., assisting the visually impaired with a Chatbot. 

6. Applications of AI in Agriculture: 

  • Crop yield prediction & price forecasts: Identify the output yield of crops and forecast prices for the next few weeks will help farmers obtain maximum profits.
  • Intelligent spraying: AI-based sensors can detect weed-affected areas and can precisely spray herbicides in the right region reducing the usage of herbicides.
  • Predictive insights: Insights on the right time to sow seeds for maximum productivity. Insights on the impacts created by the weather conditions.
  • Agriculture robots: Using autonomous robots for harvesting huge volumes of the crop at a higher volume and faster pace.
  • Crop & soil monitoring: Using AI, farmers can monitor crop health for diagnosing pests/soil defects, nutrient deficiencies in soil etc.
  • Disease diagnosis: Using AI farmers can preempt diseases in their crops. This will help increase the productivity of farming.

7. Applications of AI in national security. E.g., Detecting and responding to cyber threats, identifying vulnerabilities, and conducting cyber attacks.

Fear of AI 

  • The growth of AI technologies and their deployment has raised certain fears related to privacy and surveillance, job automation leading to loss of employment, and the possibility of a loss of control over AI resulting in existential risks for humanity. 
  • However, an important difference between humans and AI machines is the uniqueness and capability of the human mind known as Artificial general intelligence. This means humans can think about a problem from scratch and try to solve it, which the AI machines are presently not capable of. 

Need to regulate AI

There is a need for regulating AI due to several concerns, which include: 

  • Propagate bias: AI systems can perpetuate and even amplify biases into decision-making algorithms through machine learning if trained on biased data. 
  • Privacy concerns: AI systems can collect and process large amounts of personal data which raises concerns about privacy and data security. Additionally, AI can understand consumer preferences and can influence customer behaviour. 
  • Lack of transparency: Algorithms of AI can be so inordinately complex that even those who created the algorithm cannot thoroughly explain how the variables led to the resulting prediction. This opacity poses the risk of exclusion and discrimination by AI in decision-making. 
  • Loss of jobs: AI systems have the potential to automate tasks traditionally performed by humans, which could lead to job displacement and economic disruption. 
  • Security risks: AI can be used for malicious purposes, such as cyberattacks, especially by cybercriminals using the deep web, which is already unregulated. 
  • Ethical concerns: There is no legal accountability and responsibility arising out of the decisions made by AI. 
  • Technological rivalry and regulations: In the absence of regulations, intensifying rivalry between technological giants like the United States and China, may risk misuse of AI for malicious purposes.

Way Forward

Hence, AI should be regulated to ensure that the technology’s development is guided by human-centric principles. The solutions include: 

  • Simple regulatory framework: Government can create a simple regulatory framework that defines the several capabilities of AI and identify the ones that are more susceptible to misuse than the others to promote the responsible use of AI.
  • Ensure privacy protection: As data is the backbone of AI; businesses must learn to access data while ensuring its privacy, integrity and security. There is a need for laws to deploy AI-based systems to comply with Supreme Court requirements under the right to privacy judgment for specific use cases. E.g., European Union has implemented the General Data Protection Regulation to protect the privacy of individuals when their data is used by AI systems. 
  • Elimination of black-box approach: Mandatory explanation for AI systems that how a particular result was reached or details of the steps involved in the analysis will usher in transparency and review the data in each step to unearth biased results.
  • Creating oversight bodies: Governments can create agencies or committees to oversee the development and deployment of AI. These bodies can be responsible for ensuring compliance with regulations and monitoring the impact of AI on society.
  • Common International regulation of AI: Governments, together with other stakeholders, must work together to design guardrails for private-sector innovation and develop a common framework for international regulation of AI.
  • Reskilling of workers: Providing AI-related skill training to workers to remain relevant in the job market like expertise in programming, data analysis, and algorithm development. 

Read in Detail: What is Artificial Intelligence (AI) ?

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