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Critical Topics and Their Significance for the UPSC CSE Examination on November 28, 2024
Daily Insights and Initiatives for UPSC Exam Notes: Comprehensive explanations and high-quality material provided regularly for students
For Preliminary Examination: Current events of national and international importance
For Mains Examination: GS II - International treaties
Context:
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The high seas account for 64% of the ocean's surface and roughly 43% of Earth's total area. These regions are home to approximately 2.2 million marine species and up to a trillion types of microorganisms. They are not governed by any single entity, allowing equal rights for navigation, overflight, economic ventures, scientific exploration, and the establishment of undersea infrastructure, such as cables.
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The lack of specific accountability for the high seas has resulted in overexploitation of resources, loss of biodiversity, pollution (including plastic waste), ocean acidification, and other environmental concerns. According to the United Nations, around 17 million tonnes of plastics were dumped into the oceans in 2021, with the situation projected to worsen in the future.
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The treaty finalized in March 2023 focuses on ocean areas beyond the national jurisdiction of any country. Typically, national jurisdiction extends up to 200 nautical miles (370 km) from the coastline, known as an Exclusive Economic Zone (EEZ). Regions outside these EEZs are referred to as high seas or international waters. This agreement is officially titled the Agreement on Conservation and Sustainable Use of Marine Biological Diversity of Areas Beyond National Jurisdiction.
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The High Seas Treaty encompasses four primary goals:
- Establishment of Marine Protected Areas (MPAs), similar to protected wildlife or forest zones;
- Sustainable utilization of marine genetic resources and fair distribution of benefits derived from them;
- Mandatory environmental impact assessments for major ocean activities;
- Support for capacity building and technology transfer.
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Marine Protected Areas (MPAs): These are regions in the ocean where ecosystems and biodiversity are under pressure due to human activities or climate change. Comparable to national parks or wildlife reserves on land, activities in MPAs will be strictly regulated to enable conservation. Currently, only 1.44% of high seas are protected, as per the International Union for Conservation of Nature (IUCN).
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Marine Genetic Resources: Oceans contain a vast array of life forms, some of which hold potential benefits for humanity, such as in drug discovery. The treaty aims to ensure that benefits arising from such resources, including financial gains, are shared equitably and not restricted by stringent intellectual property rights. Furthermore, knowledge from such research is to remain openly accessible.
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Environmental Impact Assessments (EIAs): The treaty mandates prior EIAs for activities that could harm marine ecosystems or conservation efforts. These assessments must be publicly disclosed. Additionally, activities within national jurisdictions that could impact high seas also require EIAs.
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Capacity Building and Technology Transfer: Emphasizing equitable participation, the treaty addresses the lack of resources and expertise in many countries, particularly small island and landlocked nations, to engage in conservation and utilize marine resources. It also acknowledges that obligations like conducting EIAs may pose a financial strain on these nations.
United Nations Convention on the Law of the Sea (UNCLOS):
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UNCLOS is a comprehensive framework for regulating the use and governance of oceans globally. It delineates the rights and obligations of nations regarding oceanic activities, covering issues such as sovereignty, navigation, and economic rights. It also defines boundaries like territorial waters and EEZs.
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Territorial Sea (TS): Under UNCLOS, the TS extends up to 12 nautical miles from a country’s coastline. Unlike the EEZ, where a nation has sovereign economic rights to resources beneath the seabed, a state has full sovereignty over waters within its TS.
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While UNCLOS establishes broad principles for equitable ocean resource usage and biodiversity conservation, it does not provide specific measures for achieving these goals. The High Seas Treaty fills this gap, functioning as an implementation mechanism under UNCLOS, akin to how the Paris Agreement operates within the framework of the UNFCCC
Concerning the United Nations Convention on the Law of Sea, consider the following statements: ( UPSC 2022)
- A coastal state has the right to establish the breadth of its territorial sea up to a limit not exceeding 12 nautical miles, measured from a baseline determined by the convention.
- Ships of all states, whether coastal or landlocked, enjoy the right of innocent passage through the territorial sea.
- The Exclusive Economic Zone shall not extend beyond 200 nautical miles from the baseline from which the breadth of the territorial sea is measured.
Which of the statements given above is correct?
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Answer (D)
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For Preliminary Examination: Current events of national and international importance
For Mains Examination: GS II - Indian Polity & Governance
Context:
Indian Constitution turns 75 of age for this November 26 2024
Read about:
Constituent assembly
Features of Indian Federalism
Key takeaways:
The drafting of the Indian Constitution by the Constituent Assembly marked a pivotal moment in India's transition to independence, culminating in its adoption on November 26, 1949, and coming into effect on January 26, 1950. This milestone is commemorated annually as Constitution Day or National Law Day.
This day serves as an opportunity to reflect on one of the Constitution's most distinctive aspects—its federal structure—embodied in the division of powers outlined in the Seventh Schedule, which includes the Union List, the State List, and the Concurrent List.
Former Chief Justice of India, Justice DY Chandrachud, highlighted that Indian federalism was a conscious choice by the Constitution's framers to strike a balance between unity and diversity, decentralization, and democratic governance. This structure promotes self-rule while fostering shared governance.
Key Features of Indian Federalism
India is often described as a "quasi-federal" system, combining elements of both federal and unitary governance to accommodate its vast socio-cultural and political diversity. While the Constitution provides for a federal framework dividing powers between the central and state governments, it also incorporates unitary features for flexibility in governance.
Some major federal characteristics include:
- Dual Polity: India operates a dual governance system with the Union government at the center and state governments at the periphery.
- Constitutional Supremacy: All laws enacted by different legislatures must align with the Constitution.
- Rigid Amendment Process: The Constitution ensures the federal structure is preserved by requiring stringent procedures, often involving both central and state approvals, for amendments that impact the balance of power.
- Division of Powers: The division of powers between the Union and states is transparently codified in the Seventh Schedule, which includes the Union, State, and Concurrent Lists.
The Three Lists
The Seventh Schedule provides a robust mechanism to delineate powers between the Union and states:
- Union List: Subjects under this list, such as defense and foreign affairs, fall exclusively within Parliament's legislative domain.
- State List: Matters like police, public health, and agriculture are under state legislatures' jurisdiction.
- Concurrent List: Inspired by the Australian Constitution, this list allows both Union and state governments to legislate on subjects like education and marriage, with Union laws prevailing in case of conflicts.
This tripartite division helps maintain national unity while preserving regional autonomy, ensuring that India’s diverse sociocultural identities are respected. It also fosters cooperative federalism, encouraging collaboration between central and state governments to promote development and public welfare. Any changes to the Seventh Schedule require a special parliamentary majority and, in some cases, ratification by half the state legislatures.
Changes in the Three Lists
- Over the years, adjustments to the Seventh Schedule have addressed evolving governance needs. Initially, the Union List had 98 subjects, the State List 66, and the Concurrent List 47. Today, these numbers stand at 100, 59, and 52, respectively, reflecting significant shifts.
- The 42nd Amendment Act of 1976, often termed the "mini-Constitution," introduced major changes by transferring key subjects like education, forests, and wildlife protection from the State List to the Concurrent List. This centralizing shift facilitated the Union government’s ability to implement uniform policies, such as the Right to Education Act, 2009, and the Forest Conservation Act, 1980, while allowing states to address local priorities.
- While these changes strengthened national initiatives, they also led to tensions, as some states viewed them as restrictive, particularly concerning forest land use for development projects. Nevertheless, such shifts underscore the dynamic nature of Indian federalism, balancing national goals with regional interests.
Contemporary Challenges
The division of powers in the Seventh Schedule reflects the Constitution's adaptability, balancing central authority and regional autonomy. This framework institutionalizes cooperative federalism, allowing the Union and states to work together in pursuing national and regional priorities while preserving India's democratic ethos.
Justice DY Chandrachud noted emerging challenges like climate change, artificial intelligence, and cybercrime, which transcend territorial boundaries. India’s flexible federal structure, with its collaborative mechanisms, is well-equipped to tackle these issues. On the 75th anniversary of its adoption, the Indian Constitution remains a testament to the vision and foresight of its framers, ensuring unity in diversity and fostering progress through shared governance
Follow Up Question
1.The Parliament of India acquires the power to legislate on any item in the State List in the national interest if a resolution to that effect is passed by the (UPSC 2016)
A. Lok Sabha by a simple majority of its total membership
B. Lok Sabha by a majority of not less than two-thirds of its total membership
C. Rajya Sabha by a simple majority of its total membership
D. Rajya Sabha by a simple majority of not less than two-thirds of its members present and voting
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Answer (D)
Under Article 249 of the Indian Constitution, the Parliament can legislate on a matter in the State List if the Rajya Sabha passes a resolution to that effect. The resolution must be supported by not less than two-thirds of the members present and voting, declaring that it is necessary in the national interest for Parliament to legislate on that matter. This provision allows the Union to intervene in State List subjects in exceptional circumstances while respecting federal principles |
The Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA) guarantees rural households the legal right to 100 days of work annually. Each household is issued a unique job card listing all its eligible adult members, which is essential for participation in the program. New members can be added to these job cards upon providing valid proof of adulthood.
As per Schedule II, Paragraph 23 of the Act, the Gram Panchayat can direct the removal of names from job cards if false information is used during registration. This process mandates that affected individuals, if alive, must be granted an opportunity to present their case in the presence of two independent witnesses.
Guidelines for Job Card Deletion
- Guidelines for the implementation of MGNREGA, including the deletion of job cards, are specified in Master Circulars issued by the Ministry of Rural Development (MoRD).
- According to the 2021-22 circular, job cards can be deleted under specific conditions: (a) permanent migration of the household, (b) issuance of duplicate job cards, or (c) use of forged documents.
- Additionally, reclassification of a Gram Panchayat into a municipal corporation results in the deletion of all associated job cards. Due process requires independent verification by the Programme Officer, documentation, reporting to the Gram Sabha/Ward Sabha, and updates to the MGNREGA Management Information System (MIS).
- The MIS includes 12 predefined reasons for deletions, such as "Duplicate Applicant," "Fake Applicant," and "Not willing to work." During 2021-22, 1.49 crore workers were removed, rising to 5.53 crore in 2022-23—a 247% increase. Over the last four years, 10.43 crore workers have been removed from MGNREGA records across India.
Link to Aadhaar-Based Payment Systems
The surge in deletions during 2022-23 coincided with the government's push for mandatory Aadhaar-Based Payment Systems (ABPS). This required workers to link their Aadhaar numbers to job cards, with compliance monitored closely. Reports suggest field officials prioritized increasing ABPS compliance, often by deleting job cards without thorough verification.
Deletion Analysis
An investigation using statistical sampling examined job card deletions across 1,914 villages in 21 states over the past four financial years. In this sample, 2.98 lakh workers were deleted, with 1.65 lakh deletions occurring in 2022-23 alone. Significant regional variations were observed, with states like Bihar and West Bengal recording the highest deletions. Notably, in some cases, workers who had been marked as "Not willing to work" had actively sought or participated in employment during the same year their names were removed. Civil society organizations have highlighted instances of deletions occurring without Gram Sabha consultations or worker awareness, in violation of MGNREGA protocols.
Concerns and Recommendations
The official data indicates that 71% of deletions in the sample were attributed to workers being "not willing to work," despite the prevalence of rural unemployment. Additionally, the lack of analysis by the MoRD on deletion reasons raises questions about transparency and accountability.
To address these issues, strict adherence to verification protocols, independent audits, and regular reviews are essential. Gram Panchayats should be trained to conduct impartial investigations, and worker representatives should be included in decision-making processes. Public consultations and robust grievance redress mechanisms are necessary to uphold MGNREGA’s commitment to employment and social justice while ensuring transparency and fairness in the program’s implementation
1.Among the following who are eligible to benefit from the “Mahatma Gandhi National Rural Employment Guarantee Act”? (UPSC 2011)
(a) Adult members of only the scheduled caste and scheduled tribe households
(b) Adult members of below poverty line (BPL) households
(c) Adult members of households of all backward communities
(d) Adult members of any household
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Answer (d)
Under the Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA), any rural household whose adult members are willing to do unskilled manual work can register for employment. The Act does not restrict eligibility based on caste, economic status, or community. Hence, all adult members of rural households, irrespective of their socio-economic background, are eligible to benefit
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On gender performativity: how it challenges the gender binary
For Preliminary Examination: Current events of national and international importance
For Mains Examination: GS II & IV Governance, Ethics
Context:
A concept that has significantly influenced gender theory, gender performativity enables a more fluid understanding of gender by challenging fixed notions of identity. Poststructuralist scholar Judith Butler introduced this idea in her 1990 work, Gender Trouble. Butler critiques the essentialist view, which associates sex to the binary of the masculine and the feminine
Read about:
What is Sex and Gender?
LGBTQ Community
Key takeaways:
- Gender performativity, a concept pivotal to gender theory, offers a more flexible view of gender by challenging rigid notions of identity. Introduced by Judith Butler in Gender Trouble (1990), this idea critiques the essentialist view that links sex with a binary understanding of masculinity and femininity.
- Instead, Butler asserts that gender is socially constructed, created and maintained through repeated actions, behaviors, and language. As a result, gender is never a stable identity, even though it may seem consistent over time.
- Butler argues that societal norms around gender are so ingrained in everyday life that they appear natural, confining people to strict gender roles. However, these norms are not fixed and can be disrupted because they rely on continual repetition.
- Acts of resistance can lead to shifts in how gender is understood. Butler’s work has been a milestone in both third-wave feminism and queer theory, challenging traditional gender constructs.
- Two major gender theories stand out: gender essentialism and social constructivism. Gender essentialism argues that biology determines gender, with sex chromosomes and DNA defining one’s gender identity. According to this view, the characteristics, roles, and behaviors linked to masculinity or femininity are biologically predetermined.
- Conversely, social constructivism sees gender as shaped by social discourse, encompassing verbal and non-verbal actions. Gender norms become internalized to the point where they seem natural.
- For instance, children are often assigned gender roles based on their sex, and deviations from these norms can lead to social repercussions, like bullying or criticism. An example from Indian schools highlights how even in supposedly uniform environments, boys and girls are held to different standards, such as boys being discouraged from growing long hair.
- Iris Marion Young's 1980 essay "Throwing Like a Girl" explores how gender norms influence even physical movements, showing how girls are socialized to use less space and energy compared to boys. These behaviors, however, are not fixed and can vary across time and culture, exemplified by the historical shift in gendered color associations.
- Simone de Beauvoir’s famous quote, “One is not born, but rather becomes, a woman,” emphasizes that gender identity is constructed through societal norms. This notion ties into Butler’s critique of second-wave feminism’s separation of sex and gender, where she challenges the idea that sex is purely biological. Butler argues that both sex and gender are socially constructed, and the idea that a person’s body predetermines their gender is a product of social discourse.
- Butler’s key argument is that gender is not something one is but something one does. She conceptualizes gender as a verb, a set of repeated actions that reinforce societal expectations, much like how language operates through repeated usage over time.
- While the concept of gender performativity might suggest an active performance of gender roles, Butler differentiates performativity from performance. Performativity refers to the unconscious reinforcement of gender norms through everyday actions, which creates the illusion that these norms are natural.
- For example, girls playing with baby dolls may seem like a natural expression of nurturing instincts, but it is actually a learned behavior reinforced by societal expectations. These repetitive acts reinforce gender identity.
- Although Butler’s work has been highly influential, it has faced criticism, especially from transgender theorists like Julia Serano. Serano critiques both gender essentialism and social constructivism, arguing that transgender experiences demonstrate that gender identity often emerges from within, rather than simply being a response to social norms.
- Serano introduces the idea of “subconscious sex,” which suggests that individuals have an innate sense of gender identity, independent of external conditioning.
- While society shapes gender, Serano agrees with Butler that social norms influence how individuals interpret their inherent gender identities. Thus, gender is both an internal and external phenomenon
Follow Up Question
1.Judith Butler's concept of gender performativity challenges traditional notions of gender identity and has had a profound impact on feminist and queer theory. Critically analyze Butler’s argument that gender is a social construct shaped through repeated actions. How does this theory differ from essentialist views of gender, and what are some criticisms of Butler’s approach? Illustrate your answer with relevant examples. (250 words)
Why has the SC clarified POCSO provisions?
For Preliminary Examination: Current events of national and international importance
For Mains Examination: GS II - Indian Polity & Governance
Context:
In a far-reaching verdict that clarifies the penal consequences of dealing with online sexual material involving children, the Supreme Court has underscored that viewing, downloading, and storing of such content are all offences under the Protection of Sexual Offences Against Children (POCSO) Act, and that criminal liability not be limited to creating, uploading and transmitting the material.
Read about:
What is the age of Consent?
Significance of the POCSO Act
Key takeaways:
- In a significant ruling that clarifies the legal consequences of engaging with online sexual content involving children, the Supreme Court has emphasized that viewing, downloading, and storing such material are all punishable offences under the Protection of Children from Sexual Offences (POCSO) Act.
- The Court stressed that criminal liability should not be restricted to the creation, uploading, or transmission of such material. This decision came after a coalition of non-governmental organizations appealed against a Madras High Court ruling, which had dismissed criminal charges against a man accused of viewing and storing videos of child sexual exploitation.
- The police had charged him based on information from the National Crime Records Bureau (NCRB), which revealed that the individual had downloaded the material onto his phone. The police later filed charges under Section 67B of the Information Technology Act, 2000, and Section 15(1) of POCSO.
- Section 67B of the IT Act, introduced in 2009, imposes a prison sentence of up to five years for a first-time offence and up to 10 years for subsequent offences related to publishing or transmitting child sexual abuse material electronically. It also allows for a fine of up to ₹10 lakh.
- Section 15(1) of POCSO, which mandates a three-year jail term for those who store child pornography for commercial purposes, was expanded to include other offences related to online child sexual abuse material.
- The NGOs were discontented with the High Court’s decision to dismiss the criminal case, and the Supreme Court allowed them to appeal, even though they were not involved in the original case.
- The High Court had ruled that simply possessing or storing pornographic content was not an offence under POCSO. It further held that Section 67B of the IT Act only criminalized the transmission, publication, or creation of child pornography, and that merely watching or downloading such content in private was not punishable.
- Thus, the High Court quashed the case, stating that no offence was committed under either POCSO or the IT Act. In other words, possession or storage of child pornography was not deemed a crime, but its transmission or publication was.
- The Supreme Court, however, disagreed with the High Court’s interpretation and clarified the scope of offences under Section 15 of POCSO, which was amended in 2019 to criminalize a broader range of acts related to child sexual abuse material. It explained that the amended section encompasses three types of offences related to child exploitative content.
- Section 15(1) penalizes the failure to delete, destroy, or report child pornography that a person has in their possession or storage with the intent to share or distribute it. Sub-section (2) criminalizes the transmission, propagation, display, or distribution of child pornography, while the third aspect punishes the possession or storage of such material when done for commercial purposes.
- The Court also invoked the concept of "constructive possession" to highlight the gravity of the offence. This concept, introduced in the 2019 amendment, extends the idea of possession beyond physical control, applying it to individuals who have the ability and intent to control illegal content, even if they do not physically possess it at the time.
- The Supreme Court noted that actions like viewing, distributing, or displaying child pornography, even without physically possessing it, could still be considered "possession" under Section 15 of POCSO
Significance of the POCSO Act
The Protection of Children from Sexual Offences (POCSO) Act, 2012, holds significant importance in safeguarding children's rights and protecting them from sexual exploitation.
Key aspects of its significance include:
- The POCSO Act provides a clear legal framework to address a wide range of sexual offences against children, including sexual assault, sexual harassment, and pornography. It covers all forms of abuse, whether physical or non-physical
- The Act ensures that the child's interests are prioritized at every stage of the legal process, including investigation and trial. It mandates child-friendly procedures such as in-camera trials, recording statements at home, and the presence of a trusted adult during legal proceedings
- The POCSO Act is gender-neutral, offering protection to both male and female children, making it more inclusive than previous laws that primarily focused on female victims of sexual abuse
- It imposes a legal obligation on any individual who suspects or is aware of child sexual abuse to report it to the authorities. Failure to report such incidents can result in penalties, ensuring increased vigilance against child abuse
- To ensure speedy justice, the Act mandates the establishment of special courts for the trial of offences under POCSO. These courts are designed to deliver judgments within a year, minimizing delays that could negatively affect the child's recovery
- The Act prescribes severe punishments, including imprisonment for up to life, for those convicted of sexual offences against children. This acts as a strong deterrent against committing such crimes
- The Act also criminalizes the use of children in pornography and other forms of online exploitation, addressing modern forms of abuse in the digital age
- The Act provides provisions for the rehabilitation of child victims, including immediate and long-term counseling, compensation, and care, ensuring their well-being after the trauma of abuse
- In 2019, the Act was amended to introduce harsher penalties, including the death penalty for aggravated penetrative sexual assault. It also widened the scope of punishable offences related to child sexual exploitation materials (CSEM)
Follow Up Question
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Answer (A)
The Protection of Children from Sexual Offences (POCSO) Act was enacted in 2012 to safeguard children from sexual assault, harassment, and pornography while ensuring their overall welfare and interests.
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| Subject | Topic | Description |
| History | Modern Indian History | Company rule and Crown rule 1773 - 1947 |
| History | Modern Indian History | Fall of Mughals |
| History | Modern Indian History | Establishment of British rule in India |
| History | Modern Indian History | Economic Policies of the British |
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