Current Affairs 12 March 2024

CONTENTS

1. Supreme Court Acknowledges Bail System Inefficacy
2. Status Quo Ordered on Shanan Hydropower Project Amid Punjab-Himachal Pradesh Dispute
3. India to Resume Penicillin G Manufacturing Under PLI Scheme
4. Gig Workers
5. Yaounde Declaration
6. Golden Langurs
7. Parrot Fever

Supreme Court Acknowledges Bail System Inefficacy

Context:

The Supreme Court of India, in the case of Satender Kumar Antil vs Central Bureau Of Investigation (2022), has brought attention to the inefficiency of India’s bail system. This acknowledgment underscores the urgent requirement for reforming bail laws to tackle systemic challenges within the criminal justice system and alleviate the crisis of undertrial incarceration.

Relevance:

GS II: Polity and Governance

Dimensions of the Article:

1. Concerns Regarding India’s Bail System
2. Fair Trial Programme (FTP)
3. Way Forward for Bail System Reform

Concerns Regarding India’s Bail System:

High Undertrial Population:

• Over 75% of India’s prison population consists of undertrials, revealing a significant issue with the bail system.

Undertrial Definition:

• Undertrial prisoners are accused individuals awaiting trial who haven’t been convicted, leading to judicial custody during court proceedings.

Overcrowding in Prisons:

• Indian prisons exhibit an overcrowding rate of 118%, highlighting systemic problems within the criminal justice system.

Discretionary Bail Adjudication:

• Bail decisions heavily rely on court discretion, guided by Supreme Court guidelines emphasizing the need for bail but allowing denial based on factors like the gravity of the offence and the risk of absconding.

Inconsistent Court Practices:

• Courts often deviate from guidelines, leaning towards bail denial or imposing strict conditions without providing clear reasons for their decisions.

Disproportionate Impact on Marginalized:

• Marginalized individuals face disproportionate consequences, either facing bail denial or stringent conditions, due to broad exceptions in the system.

Challenges in Meeting Bail Conditions:

• Many undertrials remain in prison even after receiving bail due to difficulties in meeting conditions, including financial constraints, lack of local sureties, and navigating the court system.

Inadequate Addressal of Challenges:

• Existing bail laws fail to adequately address challenges, as demonstrated by data from the Fair Trial Programme (FTP) revealing continued imprisonment in 14% of cases and delays in meeting conditions in almost 35% of cases.

Lack of Safeguards Against Arbitrary Arrest:

• While the Supreme Court emphasizes safeguards against arbitrary arrest, these safeguards often exclude individuals from disadvantaged backgrounds, contributing to the high number of undertrials.

Exclusion from Arrest Protections:

• Data from the FTP underscores the unjustifiable exclusion of a significant portion of undertrials, such as migrants, asset-less individuals, those without family contact, and those with a history of previous incarceration.

Assumptions in Current Bail System:

• The current bail system assumes that all arrested individuals can afford bail or have influential social connections, contradicting the principle of “bail not jail.”

Need for Evidence-Based Reforms:

• Reforms in the bail system are necessary, but they should be based on empirical evidence to understand the root problems and implement effective changes.

Fair Trial Programme (FTP):

• The Fair Trial Programme (FTP) is a criminal justice initiative situated at the National Law University in Delhi.
• The primary goal of the FTP is to ensure fair trials for undertrial prisoners within the Indian criminal justice system.
• The FTP undertakes the training and mentorship of young professionals, including lawyers and social workers.
• These trained professionals collaborate with the State Legal Services Authority, working together to enhance the fairness of legal proceedings for undertrial prisoners.
• The initiative places a specific emphasis on promoting fair trials, addressing systemic issues, and ensuring that legal processes adhere to principles of justice and human rights.
• Through training and mentorship programs, the FTP aims to build the capacity of young professionals, empowering them to contribute effectively to the improvement of the criminal justice system.
• The collaboration with the State Legal Services Authority likely involves providing legal assistance, representation, and support to undertrial prisoners who may face challenges in navigating the legal system.
• By focusing on fair trials and involving young professionals in the legal and social work domains, the FTP plays a crucial role in contributing to broader criminal justice reform in India.

Way Forward for Bail System Reform:

• Bail Law Revision:
  • Revise bail laws to ensure fairness and equity, irrespective of socio-economic status, addressing systemic issues contributing to the high undertrial population.
• Special Bail Legislation:
  • Consider the enactment of special bail legislation similar to the Bail Act of the UK.
  • Establish a general right to bail and define clear criteria for bail decisions to reduce reliance on monetary bonds and sureties.
• Legal Aid for Compliance:
  • Provide legal aid and support to undertrial prisoners to facilitate bail compliance and court appearances.
• Safeguards Against Arbitrary Arrest:
  • Ensure safeguards against arbitrary arrest are inclusive and accessible to individuals from disadvantaged backgrounds.
• Support Programs for Bail Conditions:
  • Establish support programs to assist undertrials in meeting bail conditions.
  • Provide access to legal aid, financial assistance, and social support services to overcome challenges.
• Collaboration Among Stakeholders:
  • Foster collaboration among government agencies, legal institutions, civil society organizations, and community groups.
  • Develop holistic approaches to bail reform that address multi-faceted challenges.
• Ongoing Monitoring and Evaluation:
  • Establish mechanisms for continuous monitoring and evaluation of bail reform initiatives.
  • Assess effectiveness, identify areas for improvement, and adapt strategies based on empirical evidence.

-Source: The Hindu

Status Quo Ordered on Shanan Hydropower Project Amid Punjab-Himachal Pradesh Dispute

Context:

The central government has issued orders for maintaining the status quo on the Shanan hydropower project, which has become a subject of contention between Punjab and Himachal Pradesh. The dispute has prompted Punjab to approach the Supreme Court seeking resolution.

Relevance:

GS III: Infrastructure

Dimensions of the Article:

1. Shanan Project and Claims of Different Parties
2. Major Inter-State River Disputes in India

Shanan Project and Claims of Different Parties:

Historical Context:

• The Shanan Project, a 110-MW hydropower project in Jogindernagar, Mandi district, Himachal Pradesh, was leased to Punjab in 1925 during the British era.

Lease Agreement Details:

• Lease formalized between Raja Joginder Bahadur of Mandi and Col BC Batty, Chief Engineer of Punjab, representing the British government.
• Served energy needs of undivided Punjab and Delhi during the British era.

Post-Partition Changes:

• After partition, supply to Lahore ceased, and the transmission line terminated in Amritsar.
• In 1966, the project was transferred to Punjab during state reorganization, as Himachal Pradesh became a Union Territory.

Claims of Himachal Pradesh:

• Ownership and Operational Rights: Asserts ownership and operational rights over the project before the 1925 lease.
• Lease Period Only: Contends that the 1925 lease granted operational, not ownership, rights for a specific period.
• Deterioration Concerns: Raises concerns about the project’s deteriorating condition due to alleged neglect by Punjab.

Claims of Punjab:

• Rightful Owner: Asserts Punjab’s rightful ownership and lawful possession under the central notification of 1967.
• Control through PSPCL: Exercises control over project assets through Punjab State Power Corporation Ltd (PSPCL).
• Legal Action: Files a case in the Supreme Court under Article 131, seeking a “permanent Prohibitory Injunction” to prevent Himachal Pradesh’s interference.

Centre’s Interim Measure:

• Status Quo Order: Central government intervenes, issuing an order to maintain the status quo on the Shanan Project a day before the lease conclusion.
• Legal Basis: Invokes powers under Sections 67 and 96 of the Punjab Reorganisation Act, 1966, and Section 21 of the General Clause Act, 1887.

Major Inter-State River Disputes in India

Active River Water Dispute Tribunals in India

• Krishna Water Disputes Tribunal II (2004) – Karnataka, Telangana, Andra Pradesh, Maharashtra
• Mahanadi Water Disputes Tribunal (2018) – Odisha & Chattisgarh
• Mahadayi Water Disputes Tribunal (2010) – Goa,Karnataka, Maharashtra
• Ravi & Beas Water Tribunal (1986) – Punjab, Haryana, Rajasthan
• Vansadhara Water Disputes Tribunal (2010) – Andra Pradesh & Odisha.

Constitutional and legal provisions related to water disputes

• Article 262(1) provides that Parliament may by law provide for the adjudication of any dispute or complaint with respect to the use, distribution or control of the waters of, or in, any inter State river or river valley.
• Article 262(2) empowers Parliament with the power to provide by law that neither the Supreme Court nor any other court shall exercise jurisdiction in respect of any such dispute or complaint.
• Under Article 262, two acts were enacted:
  • River Boards Act 1956: It was enacted with a declaration that centre should take control of regulation and development of Inter-state rivers and river valleys in public interest. However, not a single river board has been constituted so far.
  • The Interstate River Water Disputes Act, 1956 (IRWD Act) confers a power upon union government to constitute tribunals to resolve such disputes. It also excludes jurisdiction of Supreme Court over such disputes.
• Despite Article 262, the Supreme Court does have jurisdiction to adjudicate water disputes, provided that the parties first go to water tribunal and then if they feel that the order is not satisfactory only then they can approach supreme Court under article 136.
• The article 136 gives discretion to allow leave to appeal against order, decree, judgment passed by any Court or tribunal in India.

Issues with Interstate Water Dispute Tribunals

• Interstate Water Dispute Tribunals are riddled with Protracted proceedings and extreme delays in dispute resolution.
  • For example, the Cauvery Water Disputes Tribunal, constituted in 1990, gave its final award in 2007.
• Interstate Water dispute tribunals also have opacity in the institutional framework and guidelines that define these proceedings and ensure compliance.
• There is no time limit for adjudication. In fact, delay happens at the stage of constitution of tribunals as well.
• Though award is final and beyond the jurisdiction of Courts, either States can approach Supreme Court under Article 136 (Special Leave Petition) under Article 32 linking issue with the violation of Article 21 (Right to Life). In the event the Tribunal holding against any Party, that Party is quick to seek redressal in the Supreme Court. Only three out of eight Tribunals have given awards accepted by the States.
• The composition of the tribunal is not multidisciplinary and it consists of persons only from the judiciary.
• No provision for an adequate machinery to enforce the award of the Tribunal.
• Lack of uniform standards- which could be applied in resolving such disputes.
• Lack of adequate resources- both physical and human, to objectively assess the facts of the case.
• Lack of retirement or term- mentioned for the chairman of the tribunals.
• The absence of authoritative water data that is acceptable to all parties currently makes it difficult to even set up a baseline for adjudication.
• The shift in tribunals’ approach, from deliberative to adversarial, aids extended litigation and politicisation of water-sharing disputes.
• The growing nexus between water and politics have transformed the disputes into turfs of vote bank politics.

-Source: Indian Express

India to Resume Penicillin G Manufacturing Under PLI Scheme

Context:

India is set to resume the manufacturing of Penicillin G in 2024, marking a significant development after three decades since the closure of India’s last plant. This revival comes as a result of the government’s Production Linked Incentive (PLI) scheme, initiated during the Covid-19 pandemic to bolster domestic manufacturing.

Relevance:

GS III: Indian Economy

Dimensions of the Article:

1. Reasons for the Discontinuation of Penicillin Manufacturing in India:
2. Production Linked Incentive (PLI) Scheme Overview

Reasons for the Discontinuation of Penicillin Manufacturing in India:

Competition from Chinese Alternatives:

• Influx of competitively priced Chinese alternatives flooded the market.
• Lower prices made Indian manufacturers economically nonviable, leading to plant closures.

Economic Factors:

• Significantly lower prices of Chinese alternatives rendered Indian production economically unviable.
• Multiple manufacturing plants had to be liquidated for scrap.

Drug Prices Control Order:

• Price caps on essential medicines under the Drug Prices Control Order further incentivized the adoption of cheaper imported products.
• For Example, India initially sold Paracetamol at approximately Rs 800 per kilogram, but the entry of Chinese competitors slashed prices to nearly Rs 400 per kilogram, rendering domestic production economically unviable..

Lack of Urgency for Domestic Revival:

• Availability of cheaper alternatives globally diminished the urgency to revive Penicillin manufacturing domestically.

Disruption in Supply Chain during the Pandemic:

• The COVID-19 pandemic highlighted the vulnerability of supply chains, prompting a reevaluation of self-reliance.

Government Initiatives:

• The government initiated the Production-Linked Incentive (PLI) scheme to boost domestic manufacturing.

High Initial Costs and Capital Investment:

• Substantial capital investment required, particularly for fermented drugs like Penicillin G.
• Profitability often takes years to achieve.

Chinese Dominance in Manufacturing:

• China has emerged as a dominant supplier with expanded manufacturing capabilities.
• Competing with Chinese prices would necessitate substantial investments in larger facilities.

PLI Scheme Impact:

• Significant decrease in API imports, such as Paracetamol, following the implementation of the PLI scheme.
• Ongoing imports highlight the need for further development in domestic API manufacturing.

Incentives Under PLI Scheme:

• PLI scheme offers incentives for fermentation-based bulk drugs like antibiotics, enzymes, and hormones.
• Support includes a 20% incentive for the first four years, 15% for the fifth year, and 5% for the sixth year.

Need for Further Development:

• Despite the decline in API imports, a substantial portion, especially for antibiotics, is still imported.
• The PLI scheme aims to encourage development in domestic API manufacturing.

Production Linked Incentive (PLI) Scheme Overview:

• The PLI Scheme, or Production Linked Incentive Scheme, is a government initiative in India.
• It operates as a performance-linked incentive, offering companies incentives based on incremental sales from domestically manufactured products.
• The primary goals include boosting the manufacturing sector and reducing dependence on imports.
• The scheme has the potential to significantly enhance production, employment, and overall economic growth over the next few years.
• In 2021, the government announced PLI schemes worth Rs 1.97 lakh crore for 13 key sectors, spanning auto components, electronics, pharmaceuticals, textiles, and more.
• These schemes are at various stages of implementation, with the aim of positively impacting the Micro, Small & Medium Enterprises (MSME) ecosystem in the country.

Performance Evaluation of PLI Schemes:

Positive Outcomes:

• Mobile Handset Exports: India doubled the value of mobile handset exports in FY22 to Rs 45,000 crore compared to FY21. FY23 estimates indicate further growth, with an expected export value of Rs 90,000 crore.
• Pharma Industry: India is now manufacturing 35 active pharmaceutical ingredients (APIs) domestically, reducing reliance on imports and showcasing self-sufficiency.

Export Achievements:

• PLI schemes have contributed to exports surpassing Rs 3.2 lakh crore, with notable contributions from electronics, pharma, food processing, and telecom sectors.

Challenges and Slow Implementation:

• Implementation Challenges: The implementation of PLI schemes has been slow, and certain large-ticket industries have been slow to adopt or commence major activities under the scheme.
• Incentive Payouts: The government spent only Rs 10 crore in incentive payouts in 2021-22 for mobile handsets, white goods, and food processing combined. This increased to Rs 2,874 crore in 2022-23.
• Job Creation: The slow start has resulted in lower job creation than projected. Out of the projected 6 million new jobs over seven years, only around 300,000 jobs (5% of the total) were created between 2020 and early-2023 through various PLIs.

-Source: The Hindu

Gig Workers

Context:

According to a recent study on app-based workers, gig workers work long hours for minimal pay, with 68% of drivers reporting that their expenses surpass their profits.

Relevance:

GS III: Indian Economy

Dimensions of the Article:

1. Highlights of Recent Study on App-Based Workers
2. Minimum Wage Policy in India
3. Who is a ‘gig worker’?

Highlights of Recent Study on App-Based Workers:

Long Working Hours:

• Nearly one-third of app-based cab drivers work over 14 hours daily.
• More than 83% work more than 10 hours, with 60% working over 12 hours.
• Social disparities intensify the situation, with over 60% of SCs and STs drivers working over 14 hours a day.

Low Earnings:

• Over 43% of participants earn less than ₹500 a day or ₹15,000 a month after deducting all costs.
• More than 80% of cab drivers express dissatisfaction with company fares.
• Over 73% of delivery persons are dissatisfied with their rates.
• 68% of cab drivers’ overall expenses exceed their earnings, potentially leading to debt-like situations.

Stress and Health Issues:

• Demanding work hours result in physical exhaustion, increasing the risk of road traffic accidents.
• 10-minute delivery policies from certain e-commerce platforms contribute to the risk.
• Lack of social and job security leads to stress and potential health problems.

Other Issues:

• 41% of drivers and 48% of delivery persons are unable to take a single day off in a week.
• Less than 37% of drivers belong to a union.
• ID deactivation and customer misbehavior are major concerns raised by workers.

Recommendations:

• Stronger social security measures are recommended for app-based workers.
• Government oversight on the fairness of algorithms and monitoring mechanisms used by platforms is emphasized.
• The study aims to address income disparities, social inequalities, and improve the overall working conditions of app-based workers.

Minimum Wage Policy in India

The Minimum Wage Policy in India is governed by the Code of Wages Act 2019. Here are the key provisions and components of the Minimum Wage Policy in India:

Code of Wages Act 2019:

• The Code of Wages Act 2019 aims to modernize and update the existing labor laws in India, making them more accountable and transparent.
• It introduces provisions for minimum wages and labor reforms, ensuring uniformity in wage-related matters across sectors and wage ceilings.

Universalization of Provisions:

• The Act universalizes the provisions related to minimum wages and timely payment of wages to all employees, regardless of their sector or income level.
• This move is intended to guarantee the “Right to Sustenance” for every worker and strengthen the legal protection of minimum wages.

Floor Wages:

• The Central Government is authorized to establish floor wages, considering the living standards of workers. Different floor wages may be set for various geographical areas.
• It is important to note that the minimum wages fixed by either the central or state governments must be higher than the floor wage.

Fixation of Floor Wage:

• The Code on Wages Rules, 2020 outlines the concept of a floor wage, which provides the central government with the authority to determine floor wages based on the minimum living standards of workers.
• The floor wage serves as a baseline wage below which state governments cannot set minimum wages.

Geographical Variation:

• The Wage Code permits the fixation of different floor-level wages for different geographical areas.
• However, this has raised concerns about the potential relocation of capital and industries from areas with higher wages to regions with lower wage standards.

Who is a ‘gig worker’?

• Gig workers are those who work outside the traditional employer-employee relationship.
• There are two groups of gig workers – platform workers and non-platform workers.
• Gig workers who use online platforms are called platform workers, while those who work outside of these platforms are non-platform workers.
• Gig workers have characteristics of both employees and independent contractors and do not fit into any rigid categorization.
• As a result, gig workers have limited recognition under current employment laws and fall outside the ambit of statutory benefits.

Concerns related to gig workers and the proposed labour codes in India:

Limited benefits and protections:

• Gig workers are excluded from the benefits and protections offered by the other proposed labour codes, such as minimum wage and occupational safety.
• They are also not allowed to create legally recognised unions.

Lack of effective remedy:

• Gig workers are excluded from accessing the specialised redressal mechanism under the Industrial Disputes Act, 1947.
• This denies them an effective remedy for grievances against their employers.

No right to collective bargaining:

• Gig workers do not have the right to collective bargaining, which is a fundamental principle of modern labour law crucial to safeguard the rights of workers.

Poor working conditions:

• A 2022 report by Fairwork India highlighted the deplorable working conditions of digital platform workers in India.
• There is a need for statutory affirmation of the rights of gig workers.

Delay in implementation:

• The proposed labour codes have received the assent of the President, but are still awaiting implementation three years on.
• The Centre has cited the delay in framing of rules by the States as the reason for the delay.

Measures to address the issues related to gig workers:

• Evaluating scale of Gig economy: As of now there exists no authoritative estimate on the total number of gig workers in India, though the centralised nature of the platforms, and the larger platform labour market should make the collating of this data relatively straightforward for the Labour Ministry.
• Making regulations related to Gig economy: A more viable strategy then would involve conditional government partnerships with platforms under some of its flagship schemes. Here, the successful pilot of Swiggy’s Street Food Vendors programme under the PM SVANidhi, or PM Street Vendor’s Atma Nirbhar Nidhi scheme, may prove to be an illustrative example.

-Source: The Hindu

Yaounde Declaration

Context:

Ministers of Health from African countries with the highest burden of malaria recently signed the Yaounde Declaration with the objective of ending malaria deaths.

Relevance:

GS II: International Relations

About Yaoundé Declaration:

• The Yaoundé Declaration was signed by health ministers from 11 African countries with the highest malaria burden.
• Signed at the Yaoundé conference, co-hosted by the World Health Organization (WHO) and the Government of Cameroon.

Participating Countries (70% of global malaria burden):

• Burkina Faso
• Cameroon
• Democratic Republic of the Congo
• Ghana
• Mali
• Mozambique
• Niger
• Nigeria
• Sudan
• Uganda
• Tanzania

Objectives:

• Commitment to accelerated action for ending malaria-related deaths.
• Sustainable and equitable addressing of the malaria threat in the African region (95% of global malaria deaths).

Pledges:

• Sustainably address malaria threats with strong leadership and increased domestic funding.
• Invest in data technology, apply latest technical guidance, and enhance efforts at national and sub-national levels.
• Increase health sector investments for infrastructure, personnel, and program implementation.
• Foster multi-sectoral collaboration and build partnerships for funding, research, and innovation.

Commitments:

• Unwavering commitment to the accelerated reduction of malaria mortality.
• Mutual accountability among signatory countries for outlined commitments in the declaration.

-Source: The Hindu

Golden Langurs

Context:

According to the comprehensive population estimation by the Primate Research Centre NE India (PRCNE), Assam Forest Department, Bodoland Territorial Council, Salim Ali Centre for Ornithology and Natural History (SACON), and Conservation Himalayas there are an estimated 7,396 golden langurs in India.

Relevance:

GS III: Environment and Ecology

About Golden Langurs:

Physical Characteristics:

• Named for the golden color of their fur.
• Fur changes color with seasons.
• Young ones are almost pure white.

Geographic Range:

• Limited to Assam, India, and neighboring Bhutan.
• Inhabits the region surrounded by the foothills of Bhutan (north), Manas river (east), Sankosh river (west), and Brahmaputra river (south).

Habitat:

• Occupies moist evergreen and tropical deciduous forests.
• Found in riverine areas and savannas in Assam and Bhutan.
• Primarily tree-dwelling, living in the upper canopy of sub-tropical forests in the south and more temperate forests in the north.
• Can be found at elevations close to sea level in the south and up to 3000 m at the foothills of Bhutan in the north.

Conservation Status:

• IUCN: Endangered
• CITES: Appendix I
• Wildlife Protection Act, 1972: Schedule I

-Source: The Hindu

Parrot Fever

Context

In a recent outbreak parrot fever has claimed the lives of five individuals across Europe this year.

Relevance:

Facts for Prelims

About Parrot Fever (Psittacosis):

Causative Agent:

• Also known as psittacosis.
• Caused by the bacterium Chlamydophila psittaci (C. psittaci).

Transmission:

• Primarily affects birds but can be transmitted to humans.
• Human transmission occurs through inhalation of contaminated particles from feathers or droppings.
• More common in people with close contact with birds, such as poultry workers, veterinarians, and pet-bird owners.

Symptoms:

• Fever, headache, muscle pains, coughing, difficulty breathing.
• Symptoms may resemble pneumonia.
• Severe cases can lead to complications such as myocarditis or other neurological symptoms.

Human-to-Human Transmission:

• Very rare, with only a handful of cases reported.

Treatment:

• Involves antibiotics, such as doxycycline or tetracycline.
• Administered orally for two to three weeks.
• Supportive care, including over-the-counter medications for symptomatic relief.
• Maintaining proper hygiene practices is crucial for recovery.

-Source: Times of India