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Editorials & Articles : 7 May 2024

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Editorials & Articles : 7 May 2024

A half-hearted climate change verdict

Topic: GS2 – Indian Polity – Judiciary

GS3 –  Environment – Environmental pollution and degradation

Context:
●  In a landmark decision, the Supreme Court of India extends constitutional rights to include protection from climate change impacts, offering hope amidst global inaction.

●  The potential of this Supreme Court judgement to redirect India towards sustainable and just climate action is emphasised.

●  While recognizing the disproportionate impact on marginalised communities, the judgement’s flaws in rapid energy transition are highlighted in the following article.

 Introduction: The Supreme Court’s Climate Rights Ruling

  • The Supreme Court of India has extended constitutional rights to life and equality to include protection from the ill-effects of climate change, offering a glimmer of hope in a dire ecological situation.
  • Despite governments worldwide failing to act on scientific evidence, the judgement holds promise in addressing climate crisis impacts, especially on marginalised communities.
 What are the arguments put forth by the Supreme Court in the judgement?
●     Recognition of Climate Change Impacts: The Supreme Court recognized the adverse impacts of climate change, linking them with fundamental rights.

●     Interpretation of Constitutional Provisions: It interpreted Articles 48A, 51A(g), and 21 of the Constitution, emphasising the duty to protect the environment and the right to life.

●     Judicial Precedents: The court cited past judgments, such as MC Mehta vs Kamal Nath (2000) and Virender Gaur vs State of Haryana (1995), recognizing environmental protection as integral to fundamental rights.

●     Threat to Right to Life and Equality: Climate change-induced disruptions were seen as jeopardising the right to life and equality, especially for vulnerable communities.

●     International Obligations: The judgement aligned with international human rights principles, acknowledging states’ obligations to prevent harm caused by climate change.

●     Role of Legal Framework: It highlighted the absence of an umbrella legislation on climate change in India despite existing environmental protection laws.

●     Need for Articulation of Rights: The court stressed the necessity to articulate the right against adverse climate change effects, considering its impact on various constitutional rights.

●     Intersection of Environmental Protection and Human Rights: The judgement underscored the intrinsic connection between environmental protection, climate change, and human rights, emphasising the need for effective laws and policies to mitigate climate impacts.

Significance of the Judgment

  • The Court’s decision has the potential to translate into actions mitigating climate crisis impacts and facilitating adaptation, particularly given its recognition of the disproportionate burden borne by marginalised groups.
  • However, flaws in the judgement risk undermining its positive potential, notably concerning energy transition strategies and their environmental impacts.

Flaws in the Judgment

  • The Court emphasises the importance of solar and wind power to meet India’s climate commitments but fails to address problematic aspects of the proposed energy transition.
  • The inclusion of large hydropower and nuclear plants under ‘non-fossil-fuel’ and ‘renewable’ energy categories overlooks their adverse effects, such as biodiversity loss and displacement of communities.
  • Mega-solar and wind projects have significant adverse impacts, including land displacement and destruction of ecosystems, yet they are exempt from environmental impact assessments.
  • Despite renewable energy investments, the government continues to approve new coal mining blocks, undermining climate goals and impacting biologically diverse areas, often at the expense of indigenous communities.

Lack of Consideration for Alternatives

  • The Court’s acceptance of the energy transition overlooks alternatives like decentralised renewable energy sources, which could address energy needs while minimising environmental impact.
  • Questions regarding energy wastage, inefficient transmission, and luxury consumption are not addressed, neglecting potential solutions like demand management and power redistribution.
  • The Court disregards emerging global jurisprudence, including the rights of nature and indigenous peoples, which could inform more just climate actions and project assessments.

Expanding the Positive Potential

  • The Court could enhance the judgement’s positive impact by tasking its expert committee to explore less damaging energy generation alternatives and non-electric means of meeting energy demand.
  • Additionally, the Court should consider broader issues of development models that violate constitutional rights, directing the government to re-examine projects causing deforestation and displacement, in line with protecting indigenous communities’ traditional ways of life.

Conclusion: Realigning Climate Rights

  • The Supreme Court’s ruling offers hope in addressing climate crisis impacts but requires critical examination and action to fulfill its potential.
  • By addressing the flaws and expanding considerations for alternatives and indigenous rights, the Court can steer India towards a more sustainable and just approach to climate action.

India’s press freedom has rapidly declined in recent years

Topic: GS2 – Governance
Context:
●  The 2024 press freedom index places India at 159 out of 180 nations, showing a slight improvement but reflecting long-standing issues.

● Comparisons with other nations, trends in press freedom, and global developments highlight ongoing challenges and occasional improvements in media freedom worldwide.

 India’s Press Freedom Ranking

  • India is ranked 159 out of 180 nations in the 2024 press freedom index by Reporters Without Borders.
  • This marks a slight improvement from the previous year but reflects a longstanding issue, with India ranking over 100 since 2003.
  • Despite marginal progress, India’s press freedom remains consistently poor, with recent years witnessing a rapid erosion.
More About World Press Freedom Index
World Press Freedom Index:

● The World Press Freedom Index ranks countries annually based on the level of freedom available to journalists.

● Developed by Reporters Without Borders (RSF), it evaluates pluralism, media independence, environment, self-censorship, legislative framework, transparency, and abuses.

● Scores range from 0 (best) to 100 (worst), with higher scores indicating more freedom.

● Nordic countries like Norway, Finland, Sweden, consistently rank highest due to robust legal protections and media independence.

● Countries with authoritarian regimes often rank lowest, with North Korea, Turkmenistan, and Eritrea frequently at the bottom.

● Factors influencing rankings include government censorship, intimidation, violence against journalists, and internet restrictions.

About Reporters Without Borders:

● Reporters Without Borders (RSF) is a non-profit organization advocating for freedom of the press and journalists’ rights globally.

● Founded in 1985 in Montpellier, France, RSF has consultative status at the United Nations and UNESCO.

● The organization provides support and legal assistance to journalists facing threats, imprisonment, or censorship.

● RSF campaigns against censorship, digital surveillance, and attacks on journalists worldwide.

● They operate on the principles of independence, impartiality, and neutrality.

● RSF conducts advocacy efforts, raising awareness about press freedom violations and advocating for the release of imprisoned journalists.

● The organisation relies on donations and grants to fund its activities.

● RSF has regional offices in various countries, working directly with local journalists and organisations.

● They engage in legal battles and lobbying efforts to promote and protect press freedom internationally.

Comparison with Other Nations

  • India’s press freedom ranking is comparable to that of territories like the occupied Palestinian territories, authoritarian regimes like Russia, flawed democracies like Turkey, and absolute monarchies like the UAE.
  • Scandinavian countries like Norway, Denmark, and Sweden continue to lead in press freedom, while Eritrea, Syria, and Afghanistan rank among the worst performers.
  • Among BRICS nations, Brazil and South Africa fare better than India, while China and Russia rank lower. In South Asia, except for Bangladesh, all neighbouring countries surpass India in press freedom.

Trends in Press Freedom

  • While India’s press freedom has declined in recent years, the trend is mirrored in many other nations. However, some countries have shown significant improvements.
  • Bhutan witnessed the largest decline in press freedom rankings from 2019 to 2024, followed by Hong Kong and Afghanistan. Conversely, the Central African Republic, Timor-Leste, and Montenegro saw substantial improvements.

Global Developments

  • Italy and Argentina have experienced declines in press freedom rankings in the past five years. Notably, Argentina’s closure of the public press agency Telam is criticized as a concerning symbolic act.
  • Greece faces criticism for its handling of a wiretapping scandal involving journalists and the murder of a veteran crime reporter in 2021.
  • The Wall Street Journal’s decision to relocate its Asia headquarters from Hong Kong to Singapore reflects concerns over Hong Kong’s national security law, which critics argue curtails freedoms.
  • Al Jazeera’s shutdown in Israel underscores a decline in press freedom, with Israel’s ranking dropping from 88 to 101. The move is denounced by Al Jazeera as “criminal.”

Conclusion: Press Freedom in Global Context

  • Despite slight improvements, India’s press freedom ranking remains unsatisfactory, echoing persistent concerns.
  • The global landscape presents a varied scenario, with shifts in press freedom observed across nations.
  • Ongoing developments underscore the complex challenges faced by media freedom, requiring continued vigilance and efforts to safeguard journalistic independence.
Press Freedom Threats & Impacts
Threats to Press Freedom in India:

●  Political Interference: Government attempts to control media narratives through intimidation and regulation.

●  Violence against Journalists: Attacks on journalists by state and non-state actors hinder their ability to report freely.

●  Legal Challenges: Laws like sedition and defamation are often misused to suppress dissent and investigative journalism.

● Economic Pressures: Media ownership by corporations or political entities leads to self-censorship to protect interests.

Impact:

● Diminished Democracy: Free press is essential for holding power accountable and informing citizens.

● Undermined Transparency: Without independent journalism, corruption and injustices can go unchecked.

● Threat to Human Rights: Suppressed media limits exposure of human rights violations and impedes advocacy efforts.

Way Forward:

● Legal Reforms: Amend laws to safeguard journalistic freedom and prevent misuse.

● Journalist Protection: Ensure safety through legal and physical protection measures.

● Public Awareness: Educate citizens on the importance of a free press in democracy.

● Media Pluralism: Encourage diverse ownership and funding models to reduce susceptibility to control.


DON’T DEMONISE THE JAB

Topic: GS3 – Science and Technology GS2 – Social Justice – Health

 

Context:
  • The recent admission by AstraZeneca regarding the rare side effect of its Covid-19 vaccine, Covishield, has sparked discussions and concerns on social media and mainstream channels.
  • This analysis delves into the implications of this admission, the rarity of the side effect and the intersection of vaccines with politics.

Rarity of Side Effects:

  • AstraZeneca’s admission highlights the occurrence of Thrombosis with Thrombocytopenia Syndrome (TTS), a rare side effect characterized by blood clots and low platelet levels.
  • The rarity of this side effect is underscored by statistics from various sources, such as the Australian Department of Health and the World Health Organization, which estimate the risk to be between 1 in 100,000 to 1 in 250,000.
  • Despite the rarity, the acknowledgment of this side effect is significant for public awareness and health monitoring.

About Thrombocytopenia Syndrome (TTS):

  • It is a rare condition in which there is simultaneous occurrence of blood clots (thrombosis) and a low platelet count (thrombocytopenia).It is also known as ‘vaccine-induced immune thrombotic thrombocytopenia’ (VITT).
  • Note: Thrombosis is the formation of a blood clot, which can reduce normal blood flow in an affected blood vessel.

Symptoms:

  • Various symptoms are linked to TTS, such as shortness of breath, chest or limb pain, tiny red spots or bruising on the skin beyond the injection site, headaches, and numbness in certain body regions.
  • TTS may result in restricted blood flow due to clot formation.

Risk versus Benefit:

  • The analysis emphasizes the principle of risk versus benefit in medicine. It compares the risk of TTS associated with the AstraZeneca vaccine to the global risk of dying in a traffic accident, highlighting that the vaccine’s risk is substantially lower.
  • Moreover, it draws parallels with the oral polio vaccine, which despite a rare risk of vaccine-associated paralysis, has been crucial in eradicating polio worldwide, showcasing the importance of considering broader public health benefits.

Challenges in Testing for Rare Risks:

  • The analysis explores the challenges of detecting rare risks during vaccine development.
  • Traditional clinical trials, with limited sample sizes and durations, may not detect risks as rare as 1 in 100,000.
  • Conducting large-scale trials involving millions of volunteers over many years would be impractical and inefficient, especially during a pandemic.
  • Thus, rare events like TTS often only become apparent after widespread vaccine rollout.

Importance of Observational Studies:

  • Large-scale observational studies play a critical role in assessing vaccine safety in real-world conditions.
  • The analysis cites studies published in April 2024, which identified potential rare side effects associated with Pfizer, Moderna, and AstraZeneca vaccines, such as Guillain-Barré syndrome and brain inflammation.
  • These studies provide valuable insights into vaccine safety profiles and inform future research to enhance vaccine platforms’ safety.

Vaccines and Politics:

  • The analysis warns against politicizing Covid-19 vaccines, citing a study linking excess mortality among Republican voters in the US to political rhetoric undermining trust in vaccines.
  • It underscores the importance of depoliticizing vaccine discourse to maintain public trust and facilitate widespread vaccination efforts, crucial for curbing the pandemic’s impact.

Conclusion:

  • The recent revelations regarding AstraZeneca’s vaccine side effects should be contextualized within the broader landscape of vaccine safety and public health.
  • While rare side effects exist, the benefits of vaccination far outweigh the risks.
  • It is imperative to prioritize public health, depoliticize vaccine discourse, and continue efforts to improve vaccine safety and accessibility for all.
How are TTS and blood clots linked to the AstraZeneca vaccine?
1. TTS was a rare syndrome reported in people who received a Covid-19 adenovirus vector-based vaccine. The incidence of TTS has been marginally higher among individuals under 60 years of age. 2. TTS can be seen in various body regions, including the brain, the abdomen, the lungs, limb veins and arteries. 3. The process that causes TTS is not fully understood, but it is believed to be similar to heparin-induced thrombocytopenia (HIT) which is also a rare reaction to a medicine called heparin that affects how platelets works.

Making e-rupee at par with paper currency

Why in news?

  • RBI Governor Shaktikanta Das said that permanent deletion of transactions can make the e-rupee or central bank digital currency (CBDC) become anonymous and make it at par with paper currency.
  • He made those remarks while speaking at the BIS Innovation Summit.

What’s in today’s article?

  • Central bank digital currency (CBDC) or e-rupee
  • Key highlights of the speech delivered by RBI Governor

Central bank digital currency (CBDC) or e-rupee

  • About
    • CBDC is the legal tender issued by a central bank in a digital form.
      • The digital rupee (e-Rupee) is the digital currency launched by Reserve Bank of India.
    • It is the same as a fiat currency and is exchangeable one-to-one with the fiat currency, only its form is different.
    • The central bank creates the CBDC and the banks distribute it.
    • To widen the reach of the e-rupee, the RBI recently announced the participation of non-banks in the pilot.
      • The idea is that their reach can be leveraged for distribution of CBDCs and for providing value-added services.
  • Launch of Digital Rupee
    • RBI has demarcated the digital rupee into two broad categoriesgeneral purpose (retail) and wholesale.
      • This demarcation is based on the usage and the functions performed by the digital rupee and considering the different levels of accessibility.
    • From November 1, 2022, RBI launched its first pilot project to use digital rupee in the wholesale market for secondary trade in government securities (G-secs).
    • From December 1,2022, retail digital rupee (e-R) pilot was launched.
      • In effect, the retail e-rupee is an electronic version of cash, and will be primarily meant for retail transactions.
      • It is available for use by all — the private sector, non-financial consumers and businesses. It will be distributed through intermediaries, i.e., banks.
      • It will not earn any interest and can be converted to other forms of money, like deposits with banks.
  • CBDC is non-remunerative
    • India has made CBDC non-remunerative, by making it non-interest bearing to mitigate any potential risks of bank disintermediation.
  • Introduction of offline functionality in Central Bank Digital Currency (CBDC) -Retail
    • In February 2024, the RBI announced to introduce an offline functionality in CBDC-Retail for transactions in areas with poor or limited internet connectivity.
      • The CBDC Retail (CBDC-R) pilot currently enables Person to Person (P2P) and Person to Merchant (P2M) transactions.
      • It is now proposed to enable additional functionalities of programmability and offline capability in CBDC retail payments.
      • Programmability will facilitate transactions for specific/targeted purposes.
      • Offline functionality will enable these transactions in areas with poor or limited internet connectivity.

Key highlights of the speech delivered by RBI Governor

  • CBDC transferable in the offline mode
    • He said that India is also working on making the CBDC transferable in the offline mode along with introducing the programmability feature to help its financial inclusion goals.
  • Anonymity can be addressed through legislation and/or through technology
    • Since the introduction of the CBDC in late 2022, there have been concerns about the privacy aspect.
    • Many experts have said that the electronic nature will leave a trail of where all the currency has been used, unlike cash which offers anonymity.
    • In this context, the governor said that the anonymity can be addressed through legislation and/or through technology.
      • For example, through permanent deletion of transactions.
    • The basic principle is that CBDC can have the same degree of anonymity as cash, no more and no less.
  • UPI (unified payment interface) still popular among retail users
    • Despite the efforts which are being undertaken by the Reserve Bank, the RBI still sees preference for UPI (unified payment interface) among retail users.

Launch of Boeing’s Starliner Significant

Why in News?

  • The launch of the Boeing Starliner, which was set to take astronaut Sunita Williams to space for a third time, has been postponed due to a technical glitch.

What’s in Today’s Article?

  • What is Boeing’s Starliner?
  • What is the Mission?
  • What Caused the Delay?
  • Why is the Mission Significant?

What is Boeing’s Starliner?

  • Starliner is a partially reusable crew capsule, officially known as CST-100 (crew space transportation).
  • It consists of two modules.
    • One is the crew module, which can be reused up to 10 times, with a six-month turnaround.
    • The other is the service module – the powerhouse of the spacecraft – which supplies electricity, propulsion, thermal control, air, and water in space. This module is expandable.
  • On its first crewed test flight, Boeing’s Starliner spacecraft would be carrying two NASA astronauts and will be launched on an Atlas V rocket from the Kennedy Space Center to the International Space Station (ISS).
    • The two NASA astronauts are Barry “Butch” Wilmore and Sunita Williams
  • If the mission is successful, Boeing will become the second private firm to be able to provide NASA crew transport to and from the ISS, alongside Elon Musk’s SpaceX.

What is the Mission?

  • The main objective of the mission is to see how Starliner performs in space with a crew onboard.
  • It is supposed to dock with the ISS (a day after the launch) for around 10 days before it returns to the Earth.
  • But before Starliner automatically docks with the space station, the crew members will test flying it manually.
  • The crew will also test seats, assess onboard life-support and navigation systems, as well as evaluate the system that moves cargo into the ISS.
  • The space suits worn by Wilmore and Williams will also be tested – these blue suits are around 40% lighter than their predecessors and have touchscreen-sensitive gloves.
  • During the return journey, NASA and Boeing will be keeping an eye on the spacecraft’s heat shield and parachutes.
    • They will slow the descent before airbags open to soften the moment of impact with the ground.
    • Unlike other crew capsules, Starliner will land on the ground and not in the sea.

What Caused the Delay?

  • After NASA retired its space shuttle fleet in 2011, it invited commercial space companies to help it transport astronauts and cargo to the ISS.
  • Two companies got the contracts: SpaceX and Boeing. While SpaceX has been ferrying astronauts to and from the ISS since 2020, Boeing is yet to successfully launch its first crewed flight.
  • Starliner’s first uncrewed flight itself came after four years of delay. Although it was set to take off in 2015, the company postponed it to 2019.
    • When it did finally happen, a series of software and hardware failures thwarted the spacecraft from getting into its planned orbit and docking with the ISS.
    • It took more than 80 fixes for Starliner to make its first successful uncrewed flight.
    • Even after achieving the goal, there were concerns about the performance of the spacecraft’s safety and cooling system.
  • As a result, Boeing delayed the launch of Starliner’s first crewed flight from 2023 to where we are today.

Why is the Mission Significant?

  • The mission’s success is crucial for both NASA and Boeing. Currently, NASA has only one private company, SpaceX, which can take its astronauts and cargo to the ISS.
  • Starliner getting approval for conducting routine flights to and from the ISS would give NASA a backup and option to not depend on one company or vehicle for space launches.
  • The success is more important for Boeing. If Starliner completes its objectives, it will also help Boeing challenge SpaceX’s dominance in the commercial space industry.

The Muslim Quota Question

Why in News?

  • In election season, India is debating fundamental constitutional questions around religion-based reservation.

What’s in Today’s Article?

  • What are the Fundamental Constitutional Questions Around Religion-Based Reservation?
  • The Concept of Equality and Equity
  • Reservation and the Constitution of India
  • The Observations of SC on Muslim Reservation
  • How Indian States Dealt with Muslim Quota Question?

What are the Fundamental Constitutional Questions Around Religion-Based Reservation?

  • Can a secular country like India have religion-based reservation?
  • Have Muslims ever been given reservation by reducing the quota for Scheduled Castes (SCs), Scheduled Tribes (STs), or Other Backward Classes (OBCs)?
  • Does reservation for SCs that is limited to only certain religious denominations amount to reservation based on religion?

The Concept of Equality and Equity:

  • The Constitution of India moved away from equality (equal treatment for all) to equity, which ensures fairness and may require differential treatment or special measures for some groups.
  • On the other hand, substantive equality is concerned with equality of outcomes. Affirmative action promotes this idea of substantive equality.
  • As a result,
    • The Mandal Commission (1980), following the example set by several states, included a number of Muslim castes in the list of OBCs.
    • The Justice Rajinder Sachar Committee (2006) found that the Muslim community as a whole was almost as backward as SCs and STs, and more backward than non-Muslim OBCs.
    • The Justice Ranganath Misra Committee (2007) suggested 15% reservation for minorities, including 10% for Muslims.

Reservation and the Constitution of India:

  • Article 15 (1) specifically prohibits the state from discriminating against citizens on grounds only of both religion and caste (along with sex, race, and place of birth).
  • The first constitutional amendment inserted Article 15(4), which empowered the state to make any special provision for the advancement of any socially and educationally backward classes of citizens or for the SCs or STs.
  • Article 16 (1) states that there shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State.
  • Article 16 (2) specifically prohibits the state from discriminating against citizens on grounds only of religion, race, caste, sex, descent, place of birth, residence or any of them, in respect of any employment or office under the State.
  • Article 16(4) enables the state to make any provision for reservation in favour of any backward class of citizens which is not adequately represented in the services under the state.

The Observations of SC on Muslim Reservation:

  • In M R Balaji (1962), the SC held that while castes among Hindus may be an important factor to take into account when assessing the social backwardness of certain groups or classes of citizens, it cannot be the only test in this regard.
    • Therefore, it is possible that in some states certain Muslims, Christians or Jains form socially backward groups.
  • In the E P Royappa vs State Of Tamil Nadu (1973), the SC has held that equality is a dynamic concept and cannot be confined within traditional limits.
  • After the SC’s judgement in State of Kerala vs N M Thomas (1975), reservation is considered not an exception to the equality, but as an extension of equality. The crucial word in Articles 15 and 16 is ‘only’ – which implies that –
    • If a religious, racial, or caste group constitutes a weaker section (under Article 46) or
    • Constitutes a backward class, it would be entitled to special provisions for its advancement.
    • For example, some Muslim castes were given reservation without reducing the quota for SCs, STs, and OBCs by creating a sub-quota within the OBCs.
  • The SC in Indra Sawhney (1992) laid down that any social group, if found to be backward under the same criteria as others, will be entitled to be treated as a backward class.

How Indian States Dealt with Muslim Quota Question?

  • Kerala: Muslims, who constituted 22% of the population, were included within the OBCs in 1952.
  • Karnataka: In 1995, the State government implemented 4% Muslim reservation within the OBC quota. 36 Muslim castes which are part of the central list of OBCs were included in the quota.
  • TN: The State government passed a law in 2007 that provided within the 30% OBC quota, a subcategory of Muslims with 3.5% reservation. This did not include upper-caste Muslims.
  • Andhra Pradesh (undivided): In 2004, the State government provided 5% reservation, treating the entire community as backward.
    • The HC struck down the quota on the technical ground.
    • However, it held that reservations for Muslims or sections/ groups among them, in no manner militate against secularism, which is part of the basic structure of the constitution.
  • Telangana: After the bifurcation of Andhra Pradesh in 2014, the Telangana government passed a law in 2017 proposing 12% reservation for OBC Muslims.
    • Since the proposal would take reservation beyond the 50% cap mandated by the SC (in 1992), it was referred to the central government for inclusion in the Ninth Schedule.
    • But the Centre did not bring the proposal to Parliament.

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