Daily Prelims Notes 20 July 2023

Daily Prelims Notes

20 July 2023

Table Of Contents

1. India’s non­ GMO certification norm: US protests citing GM mustard
2. EU rules on subsidies to hurt exports
3. Tigers struggle to move within Nepal even as they cross borders: study
4. Ministry weighs feasibility of coal shipments from Meghalaya to Bangladesh via Assam’s Pandu port
5. Restoring the perennial Thamirabarani river with people power
6. Over 60 species of plants that can survive extreme dehydration found in Western Ghats
7. India climbs seven points to 80 on Passport Index
8. Complaint on improper use of India
9. Marital Rape
10. More than court action, revisit the Indus Waters Treaty
11. Household Consumption Expenditure Survey (HCES)

1. India’s non­ GMO certification norm: US protests citing GM mustard

Subject: Economy

Section: External Sector

Context: US has once again raised the issue of India’s order requiring a “non-GM origin and GM-free certificate” for 24 commodities imported for human consumption

Key Points:

• The US is protesting against the requirement of “non-GMO origin and GM-free certificate” from exporters on the one hand, while allowing environmental release of GM mustard, in addition to routine cultivation of GM cotton by Indian farmers, on the other.
• Food Safety and Standards Authority of India (FSSAI) from 2021 requires a mandatory “non-GMO and GM-free status certificate” from exporting countries for 24 listed  food products. The items include pineapples, apples, wheat, rice, tomato, potato, maize, melon, plum, papaya, potato, egg plant, bean, among others.
• The issue was raised by the USA at the recent Sanitary and phytosanitary measures (SPS) Committee meeting of the WTO in Geneva, US also complained that India has still not shared the requested scientific justification of its GMO stance.
• United States holds that the GM-free certificate requirement is not consistent with the WTO SPS Agreement.

Status of GM Mustard:

• The environmental release of GM mustard hybrid DMH-11 and its parental lines was approved in India by the Genetic Engineering Appraisal Committee (GEAC) on October 18, 2022, for its seed production and testing prior to commercial release,
• The matter remains under adjudication before the Supreme Court of India following complaints around bio-safety protocols filed by some green groups.

Status of GM Cotton:

• Transgenic cotton is the only GM crop which has been approved and is currently being cultivated in farmer’s fields in India.
• GM cotton seed was developed by Hyderabad-based Bioseed Research India and contains a gene, cry2Ai, that purportedly makes cotton resistant to pink bollworm, a major pest. The seed has passed preliminary, confined trials and was recommended by the GEAC to be tested in farmer’s fields.
• Under the current rules, transgenic seeds must be tested in open fields before they can hope to be cleared by the GEAC for commercial development.
• Agriculture being a State subject means that, in most cases, companies interested in testing their seeds need approvals from the States for conducting such tests. Of the four States that Bioseed applied to, only Haryana gave permission for such tests.

FSSAI Certification:

• From 01st March 2021, India’s food regulator FSSAI requires some of the major food crops to be accompanied with the “non-GM cum GM free certificate”. 
• Through this certificate, exporters will need to declare that the imported food crops are of non-GM origin, does not contain genetically modified organism and is also not genetically modified.
• The food safety authority also stated that the tolerance limit for “adventitious presence” of GMOs at one percent will be permissible in these imported food crops consignments. The term adventitious presence refers to unintentional or incidental presence of trace amounts of GM material in non-GM crops.

2. EU rules on subsidies to hurt exports

Subject: Economy

Section: External Sector

In News: India’s exports of smartphones, information technology products and services to European Union countries could be hit by the Foreign Subsidies Regulations (FSR)

Key Points:

• The proposed regulations prohibit foreign subsidies and grants the European Commission (EC), the executive arm of the EU, to investigate cases where foreign subsidies distort competition within the EU.
• Under the FSR companies must begin notifying the details of relevant transactions involving foreign subsidies starting from October 12, 2023.
• FSR covers financial contributions from non-EU governments to companies operating in or exporting to the EU’s market. These contributions include direct grants, interest-free or low-interest loans, tax incentives, state-funded research and development, provision of goods or services at below-market prices, and provision of land or buildings at below-market prices.
• The FSR applies to transactions above a certain threshold. Companies must notify the European Commission if their transactions involving foreign subsidies exceed this threshold.
• In cases where the Commission finds that a foreign subsidy is distorting competition, it can impose various remedies, including fines of up to 10% of the company’s annual aggregated turnover, requiring the company to repay the foreign subsidy if competition distortion is confirmed, or banning the company from participating in public procurement.
• According to experts the World Trade Organisation explicitly prohibits countries from investigating subsidies given by other countries. Thus, FSR is also in violation of the WTO mandate

Impact on India:

• With the new regulations the commission can now investigate products if they have received any incentives like Production Linked Incentives, Faster Adoption and Manufacturing of Electric Vehicles (FAME) or export benefits in India.
• EC is already investigating the PLI scheme, and a decision is expected soon. If the Commission finds the PLI scheme violates WTO rules, it could impose sanctions or fines.

3. Tigers struggle to move within Nepal even as they cross borders: study

Subject: Environment

Section: Species in new

Context:

• Tigers in Nepal are increasingly isolated in protected areas and facing difficulties moving within the country due to human activities and habitat fragmentation.

Details:

• Suhelwa Wildlife Sanctuary in Uttar Pradesh which borders Nepal is the new habitat of tigers of that region.
• Tigers move from here to Banke National Park of Nepal.
• Both the countries, India and Nepal, adopted the landscape-based approach in the early 2000s to save the Tigers in the Terai ARC Landscape (TAL), a flatland region along the Ganges and its tributaries.
• Presently Nepal has 355 wild Tigers.
• Domestic corridors in the Siwalik hills could connect the tiger populations and increase their genetic diversity and viability.
• Conservationists recommend involving community forest user groups and implementing wildlife-friendly infrastructure guidelines to manage and protect the domestic corridors.

Concern:

• The habitat destruction due to various causes include:
  • Construction of east-west highway across India and Nepal
  • Deforestation
  • Development of new settlements
  • Mining activities
• The tiger habitat in the ARC region confined to Chitwan and Parsa in the east and Banke-Bardiya and Shuklaphanta in the west.
• All this has reduced the genetic diversity of tigers.

About Tiger:

• Scientific Name: Panthera tigris
• Indian Sub Species: Panthera tigris tigris.
• Habitat:
  • Its habitat stretches from Siberian temperate forests to subtropical and tropical forests on the Indian subcontinent and Sumatra.
  • It is the largest cat species and a member of the genus Panthera.
  • Traditionally eight subspecies of tigers have been recognized, out of which three are extinct.
• Bengal Tigers: Indian Subcontinent
• Caspian tiger: Turkey through central and west Asia (extinct).
• Amur tiger: Amur Rivers region of Russia and China, and North Korea
• Javan tiger: Java, Indonesia (extinct).
• South China tiger: South central China.
• Bali tiger: Bali, Indonesia (extinct).
• Sumatran tiger: Sumatra, Indonesia.
• Indo-Chinese tiger: Continental south-east Asia.
• Threats:
  • Habitat destruction, habitat fragmentation and poaching.
• Protection Status:
  • Indian Wildlife (Protection) Act, 1972: Schedule I
  • International Union for Conservation of Nature (IUCN) Red List: Endangered.
  • Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES): Appendix I.
• Tiger Reserves in India
  • Total Number: 53 according to NTCA.
• Largest: Nagarjunsagar Srisailam Tiger Reserve, Andhra Pradesh on the basis of core area.
• Smallest: Orang tiger reserve in Assam on the basis of core area.

About Suhelwa WLS:

• Suhelwa Sanctuary is a wildlife sanctuary located in Balrampur, Gonda and Sravasti districts of the state of Uttar Pradesh in India.
• It covers an area of 452 square kilometres.
• The main mammals of Suhelwa are Bengal tiger, Indian leopard, sloth bear, antelope and deer. Other animals include fox, hyena, Indian elephant and wild cat.

Banke National Park:

• It is located in the Lumbini Province and was established in 2010 as Nepal’s tenth national park after its recognition as a “Gift to the Earth”.
• The protected area covers an area of 550 km2 (210 sq mi) with most parts falling on the Churia range.
• Together with the neighbouring Bardia National Park, the coherent protected area of 1,518 km2 (586 sq mi) represents the Tiger Conservation Unit (TCU) Bardia-Banke.

4. Ministry weighs feasibility of coal shipments from Meghalaya to Bangladesh via Assam’s Pandu port

Subject: Geography

Section: Economic geography

Context:

• The Ministry of Ports, Shipping and Waterways is now exploring the possibility of moving coal shipments from Meghalaya’s mines to Bangladesh via Pandu port.

Details:

• The Inland Waterways Authority of India (IWAI) has appointed an operator for Pandu and Dhubri ports.
• Coal would be moved from Meghalaya to Assam, and then to Bangladesh’s Srirajganj port, via the Brahmaputra river in India, and Jamuna river in Bangladesh.
• India is dredging the waterway to make it navigable.
• Use of waterways to transport material to the neighbour would improve access, reduce the time taken, and bring down logistics costs.

Dhubri port:

• Dhubri port is an important river port in Assam.
• This port is located in Dhubri town on the banks of the Brahmaputra River.
• This port is located on the National Waterway 2.
• It is important for the port terminal. It is located near the Bangladesh border at the western end of National Waterway 2.
• It is currently used for commodity transit movement to Bangladesh.
• Dhubri is also being looked at as an option to improve connectivity between the North-East and the Indian mainland.
• A trial run, carrying 200 tonnes of rice, was done on the Patna–Pandu route (of 2,350 km) using National Waterways 1 (Ganges), the India–Bangladesh Protocol route (through Khulna, Narayanganj, Sirajganj, Chilmari), National Waterways 2 (Brahmaputra) through Dhubria and Jogighopa. The journey took 25 days.

Pandu port:

• Pandu Port is a river port in the Indian state of Assam, serving Guwahati.
• This port has been developed on the bank of the Brahmaputra river.
• The port is the most important and the largest river port in Assam state.
• Many passenger ships at the port are anchored with the tourists. However, the state government has now allocated funds for the modernization of the port for national waterway development projects.
• In order to arrange a ship anchorage, a naval terminal or permanent jetty has been formed.
• The Port is included in the port of call agreement between India and Bangladesh.

5. Restoring the perennial Thamirabarani river with people power

Subject: Geography

Section: Rives in news

Context:

• In recent years, the Thamirabarani river in Tamil Nadu has been polluted with sewage and solid waste rendering the water unfit for drinking or fishing.

Details:

• The Nellai Neervalam project, an initiative by the district authorities and the local community, has been conducting citizen-driven cleaning and biodiversity mapping of water bodies, including Thamirabarani river.
• The project has digitally mapped over 1,200 water bodies in 2021, which facilitates easier identification, streamlines cleaning activities and enhances the overall water ecosystem management.

About the Thamirabarani river:

• Thamirabarani is the only perennial river in south India that flows through the districts of Tirunelveli and Thoothukudi in Tamil Nadu.
• Originating from the Pothigai hills of Western Ghats, the life-giving river dribbles, sprints and gallops for about 128 kilometres along the southern edge of the country.
• It originates and ends in the same state (Tamil Nadu).
• The river is deeply connected to the lives, livelihoods and culture of the people in the state.
• The river supports wildlife such as the Nilgiri marten, slender loris, lion-tailed macaque, white spotted bush frog, galaxy frog, Sri Lankan Atlas moth and the great hornbill.

Concern:

• The river has been polluted with untreated or poorly treated industrial waste and domestic sewage, and solid waste such as clothes and plastics, rendering the water unfit for drinking or fishing.

Rivers of Tamilnadu:

• Kaveri, Thenpennai, Palar, are the three largest rivers of Tamil Nadu followed by Vaigai River, Noyyal River, Cheyyar River, Then Pennai, Vellar River (Northern Tamil Nadu), Vellar River (Southern Tamil Nadu), Moyar River, Pampar River, Bhavani River, Thamirabarani River, Vaippar River are the major rivers in Tamil Nadu.

Major rivers of Tamilnadu

6. Over 60 species of plants that can survive extreme dehydration found in Western Ghats

Subject : Environment

Section: Species in news

Context:

• In the biodiversity hotspot Western Ghats, researchers have found 62 species of plants that can withstand harsh environments .

Details:

• The discovery of the species, called desiccation-tolerant (DT) vascular plants, has potential applications in agriculture, particularly in areas where water is scarce.
• Out of the 62 species identified, 16 are endemic to India while 12 are exclusive to Western Ghats outcrops.
• Hydration and desiccation-tolerance are two commonly studied strategies for plants in extreme habitats.
  • Hydration is a condition where plant tissues can tolerate more than 30 percent of water content. But in desiccation, plants undergo longer dry days during which the moisture content of the leaves is the same as in the air.
• India now has nine new generic records for the global list. They are identified as Pyrrosia, Aleuritopteris, Corallodiscus, Arundinella, Bhidea, Bothriochloa, Danthonidium, Dimeria and Glyphochloa.
• The findings revealed that Indian desiccation tolerant plants are spread mainly in rock outcrops and partially shaded tree trunks inside the forests. Ferricretes (layers of sedimentary rock) and basaltic plateaus seemed to be the preferred habitats.
• Glyphochloa goaensis, Glyphochloa ratnagirica and Glyphochloa santapaui were found only on ferricretes, while the rest of the species were found in both ferricretes and basaltic plateaus. The dominant genus was Glyphochloa, with mostly annual species occurring on plateaus.

About the desiccation-tolerant (DT) plants:

• DT plants can withstand extreme dehydration, losing up to 95 per cent of their water content.
• They are usually found in rocky outcrops in the tropics and can recover quickly when water supplies are restored.
• Some species were found to survive at increasing temperatures, which is crucial for the warming planet.
• DT plant varieties are found in both flowering and non-flowering species and in both temperate and tropical climates. The global population of these species ranges between 300 and 1,500.
• Colour changes and morphological characteristics were also observed in the species.
  • It was found that Tripogon species changed colours from greyish in dry conditions to green in hydrated situations, while turning orange to brownish yellow in the beginning of greening.
  • In another species, Oropetium thomaeum, the leaf cloud changed from green in hydrated phase to dark purple or orange and ranged from greyish to ash colour during the period of desiccation.
  • Ferns (fronds) displayed a variety of characteristics, including curling inwards towards the costa, exposing spores at the start of the dry season and during brief dry spells.
  • In the case of C lanuginosus, its leaves folded and shrank inward to protect the chlorophyllous part, not directly exposing them to sunlight during the desiccation phase.
• Utility of the discovery:
  • The genes of these plants could be used to create a high-temperature tolerant variety of crops to improve climate resilience and ensure food security for the masses.

Characteristics:

Extremophytes:

• Some plant species — ranging from algae to angiosperms — thrive in harsh environments and are termed as extremophytes.
• These species are found in extreme habitats, like hot and cold deserts, estuaries, rock outcrops, glaciers and other arid and semi-arid regions.
• Organisms living in such habitats face consistent droughts, but some experience cycles of desiccation. “To adapt to extreme conditions, these plant species develop adaptive strategies to survive through morphological and physiological traits.

Types of Extremophiles

• Acidophile: low pH; optimally 3 or below
• Alkaliphile: high pH; optimally 9 or above
• Anaerobe: little to no oxygen needed for growth
• Halophile: high salt, at least 0.2M, needed for growth
• Hyperthermophile: high heat, 80-122 C
• Hypolith: lives under rocks in cold deserts
• Metallotolerant: tolerating high levels of metal concentrations
• Oligotroph: can grow in nutritionally limited environments
• Osmophile: can grow in high sugar concentrations
• Psychrophile: very low heat, temperatures of less than -15 C
• Radioresistant: extreme radioactivity
• Xerophile: grow in very dry condition

Biodiversity Hotspots

• Biodiversity hotspots are regions that contain a high level of species diversity, many endemic species and a significant number of threatened or endangered species.
• These are heavily threatened by habitat loss and other human activities.
• Endemic species are those species which are limited/restricted to a particular region and are not found in other parts/areas of the world.
• This concept of hotspots was introduced in the late 1980s.
• A total of 36 regions across the globe are considered as Biodiversity Hotspots, which represent 2.5% of Earth’s land surface.
• These support more than half of the world’s plant species as endemics and more than 40% Mammals / birds / reptiles species as endemics.

Criteria for a Biodiversity Hotspot :

• It must have at least 1,500 vascular plants as endemics — which is to say, it must have a high percentage of plant life found nowhere else on the planet. A hotspot, in other words, is irreplaceable.
• It must have 30% or less of its original natural vegetation. In other words, it must be threatened.

Biodiversity Hotspots in India

• India has 4 Biodiversity Hotspots which are –
  • Himalayas
  • Indo-Burma region
  • Western Ghats
  • Sundaland

7. India climbs seven points to 80 on Passport Index

Subject : International Relations

Section: Reports and indices

Concept :

• Recently, the Henley Passport Index 2023 was published by the consultancy firm named ‘Henley & Partners’.

About Henley Passport Index:

• Henley Passport Index is a global ranking of countries according to the travel freedom for their citizens.
• It started in 2006 as Henley & Partners Visa Restrictions Index (HVRI).
• It is the ranking of all the world’s passports according to the number of destinations their holders can access without a prior visa.
• The index includes 199 different passports and 227 different travel destinations.
• The number of countries that a specific passport can access becomes its visa-free ‘score’.
• In collaboration with the International Air Transport Association (IATA), and based on official data from their global database, Henley & Partners analyses the visa regulations of all the countries and territories in the world.

Henley Passport Index 2023:

• It is published by Henley & Partners, a global citizenship and residence advisory firm, in partnership with the International Air Transport Association (IATA).
• The index is based on exclusive data from the International Air Transport Association (IATA) and enhanced by Henley & Partners’ research team.
• As per the 2023 rankings, Japan has been replaced by Singapore, which is now officially the most powerful passport in the world.
• Citizens of Singapore can visit 192 travel destinations out of 227 around the world visa-free.
• Germany, Italy, and Spain occupy the second place.
• Japan, which occupied the top position on the Henley Passport Index for five years, dropped to the third place.
• Alongside Japan at the third position are Austria, Finland, France, Luxembourg, South Korea, and Sweden.
• India :
• India has climbed seven places on Henley Passport Index 2023 to 80th rank from 87 last year.
• Indian citizens can now enjoy visa-free access to 57 destinations.
• In 2014, India ranked 76 with 52 countries allowing Indian passport holders visa free access but its performance has not been linear.
• It ranked 88 in 2015 (visa free access to 51 countries), 85 in 2016, 87 in 2017, 81 in 2018, 82 in 2019 and 2020, and 81 in 2021.

Henley Openness Index

• Henley & Partners also conducted an exclusive new research resulting in the Henley Openness Index.
• This Index measures how many nations does a country allow visa-free access to.
• The Top 20 ‘most open’ countries are all small island nations or African states, except for Cambodia.
• There are 12 completely open countries that offer visa-free or visa-on-arrival entry to all 198 passports in the world (not counting their own).
• Here, India was ranked 94 out of a total of 97 ranks for allowing only four countries visa-free access.
• At the bottom of the Index were four countries for scoring zero for not permitting visa-free access for any passport.

About International Air Transport Association (IATA):

• IATA is a trade association of the world’s airlines founded in 1945.
• Objective: To support airline activity and helps formulate industry policy and standards.
• Headquarters: Montreal, Canada

8. Complaint on improper use of India

Subject : Polity

Section: Constitution

Concept :

• A complaint has been filed with the Delhi police against the 26 Opposition parties for “improper use” of the name ‘INDIA’ for their newly formed alliance to gain “undue influence” in elections, officers said on Wednesday.
• The complainant, one Dr. Avinish Mishra, cited the multiple Sections of the Emblems and Names (Prevention of Improper Use) Act, 1950 and claimed that the use of name ‘INDIA’ is prohibited by any person.

Emblems & Names (Prevention of Improper Use) Act, 1950

• It extends to the whole of India and also applies to citizens of India outside India.
• Emblem: Any emblem, seal, flag, insignia, coat-of-arms, or pictorial representation specified in the Schedule;
• Competent Authority: Any authority competent under any law for the time being in force to register any company, firm, or other body of persons or any trademark or design or to grant a patent;
• Name: Includes any abbreviation of a name.

Prohibition of Improper Use (Section 3):

• Regardless of any existing laws, individuals are not allowed to use or keep using, without prior permission from the Central Government or its authorized officer, any name or emblem listed in the Schedule or any imitation of it that looks similar.
• This applies to using them for trade, business, profession, patent titles, trademarks, or designs. The Central Government may specify certain cases and conditions where such usage is allowed.

Penalty:

• Any person who contravenes the provisions of section 3 shall be punishable with a fine which may extend to 500 rupees.

Previous Sanctions for Prosecution:

• No legal action for any offense punishable under this Act can be initiated without prior approval from the Central Government or an authorised officer designated by the Central Government through a general or specific order.

Exemption:

• This Act does not provide any exemption to individuals from any legal action or proceeding that could be filed against them independently of this Act.

Power to Amend the Schedule:

• The Central Government has the authority to modify or expand the Schedule by issuing a notification in the Official Gazette.
• Any such additions or changes made to the Schedule will be considered valid and enforceable as if they were originally part of the Act itself.

Power to Make Rules:

• The Central Government has the authority to create rules, which will be published in the Official Gazette, to fulfil the objectives of this Act.

Naveen Jindal vs Union of India Case, 2004

• In this case, the Supreme Court (SC) held that the right to unfurl the National Flag with dignity is a Fundamental Right of the citizen within the meaning of Article 19(1)(a) of the Indian Constitution.
• The right to hoist or unfurl the National Flag is an expression and manifestation of a person’s allegiance and feelings and sentiments of pride for the nation.
• The Emblems and Names (Prevention of Improper Use) Act, 1950 and the Prevention of Insults to National Honour Act, 1971 regulate the use of the National Flag.
• In this case, the Flag Code of India 2002 was challenged.

9. Marital Rape

Subject : Polity

Section: Constitution

Concept :

• The Supreme Court (SC) is going to list a batch of petitions before it that pertain to matters related to ‘marital rape’.

Marital Rape

• Marital rape’ refers to the act of forcible sexual intercourse by a man with his wife without her consent.

Issues before the Court:

• “Sexual intercourse or sexual acts by a man with his own wife, the wife not being under eighteen years of age, is not rape.” Delhi-HC
• Constitutional validity of the ‘marital rape immunity’: An appeal against a split verdict by a two-judge Bench of the Delhi High Court on a challenge to the constitutional validity of the ‘marital rape immunity’ in the Indian Penal Code.
• An appeal against a judgment by the Karnataka High Court that allowed the prosecution of a man for raping his wife.
• Conflict on Section 375: PILs challenging the ‘marital rape exception’ allowed under IPC Section 375 which defines rape.
• Legality: While rape is a serious crime in India, marital rape is not illegal.

Assumption for exceptions in Marital Rape:

• The marital rape exception is premised on broadly two assumptions:
• Consent in perpetuity: This is the assumption that once married; a woman gives her permanent consent, which she cannot retract.
• This concept in the colonial-era law is rooted in the idea that a woman is the ‘property’ of the man who marries her.
• Expectation of sex: This is the assumption that a woman is duty-bound or is obligated to fulfil sexual responsibilities in a marriage, since the aim of marriage is procreation.

Main arguments against the exception to the IPC section on rape

• Against Fundamental Right of Women: It has been argued that the marital rape immunity stands against the light of the right to equality, the right to life with dignity, personhood, sexual, and personal autonomy — all of which are fundamental rights protected under Articles 14, 19 and 21 of the Constitution respectively.
• Burden on a married women and her Right of Consent: The petitioners argued that the exception creates an unreasonable classification between married and unmarried women and, by corollary, takes away the right of a married woman to give consent to a sexual activity.
• Consent as ‘not’ irrevocable: On the issue of “reasonable expectation of sex”, the petitioners argued that even though there is a reasonable expectation of sex from a sex worker or other domestic relationships as well, consent is not irrevocable.

Stand of the government

• Protect Marriage as an Institution: The Centre defended marital rape immunity. Its arguments spanned from protecting men from possible misuse of the law by wives, to protecting the institution of marriage.
• Married women can opt for alternate actions against Rape: The Delhi government too defended the law on the ground that married women who might be subjected to rape by their husbands have other kinds of legal recourse such as filing for divorce or a case of domestic violence.
• Basis of Law on restitution of conjugal rights: The government has also said that since the law on restitution of conjugal rights, a provision in the Hindu Marriage Act that allows a court to compel a spouse to cohabit with the husband is valid, so is the exception to marital rape, by extension.

Judgements related to the Issue:

• On May 11, 2022, a Bench comprising of Justices Rajiv Shakdher and C. Hari Shankar, delivered a split verdict in the case. The bench stated that the exception was unconstitutional as it was discriminatory and violated a woman’s bodily autonomy and expression.
• The Karnataka High Court gave verdict taking basis of the Justice J.S. Verma Committee which recommended deleting the marital rape exception.
• The Court held that the exception was regressive and violated the Right to equality by treating the wife as subordinate to her husband.

10. More than court action, revisit the Indus Waters Treaty

Subject : International  Relations

Section : International Conventions

Concept :

• India announced that it wants to modify the 62-year-old IWT with Pakistan, citing what it called Pakistan’s “intransigence” in resolving disputes over the Kishenganga and Ratle hydropower projects, both in Jammu and Kashmir.

Current status

• In the last decade, exercising judicial recourse to settle the competing claims and objections arising out of the construction and design elements of the run-of-river hydroelectric projects that India is permitted under the IWT to construct on the tributaries of the Indus, Jhelum and Chenab before these rivers flow into Pakistan, has increased.
• In January this year, Pakistan initiated arbitration at the Hague-based Permanent Court of Arbitration to address the interpretation and application of the IWT to certain design elements of two run-of-river hydroelectric projects — on the Kishanganga (a tributary of the Jhelum) and Ratle, a hydro-electric project on the Chenab.
• India raised objections as it views that the Court of Arbitration is not competent to consider the questions put to it by Pakistan and that such questions should instead be decided through the neutral expert process.
• On July 6, 2023, the court unanimously passed a decision (which is binding on both parties without appeal) rejecting each of India’s objections. The court determined that it is competent to consider and determine the disputes set forth in Pakistan’s request for arbitration.

Principles of water course

• The partitioning of the rivers goes against the logic of treating the entire river basin as one unit which is needed to build its resource capacity.
• The thrust of the IWT is optimal use of the waters which India believes to be the object and purpose of the IWT as opposed to Pakistan’s understanding to be the uninterrupted flow of water to its side.
• Reconciling this divergent approach can be sought with the help of two cardinal principles of international water courses law accompanying binding obligations, i.e., equitable and reasonable utilisation (ERU) and the principle not to cause significant harm or no harm rule (NHR).
• Although there is no universal definition of what ERU amounts to, the states need to be guided by the factors mentioned in the Convention on the Law of the Non-navigational Uses of International Watercourses 1997, including climate change.
• The NHR is a due diligence obligation which requires a riparian state undertaking a project on a shared watercourse having potential transboundary effect to take all appropriate measures relating to the prevention of harm to another riparian state, including carrying out a transboundary environmental impact assessment.
• In order to ensure rapid development, the states prioritise the ERU over the NHR.

Indus Water Treaty (IWT)

• The Treaty is a water-distribution treaty between India and Pakistan, brokered by the World Bank.
• IWT was signed by the then Prime Minister Jawaharlal Nehru and then Pakistani President Mohammed Ayub Khan in Karachi on September 19, 1960, after nine years of negotiations between the two countries.
• According to this treaty, three rivers: Ravi, Sutlej and Beas were given to India and the other three: Sindh, Jhelum and Chenab were given to Pakistan.

Rights & obligations under this treaty

• India is under obligation to let the waters of the western rivers flow, except for certain consumptive use.
• The treaty allocates Pakistan approx. 80% of the entire water of the six-river Indus system and reserved for India just remaining 19.48% of the total waters.
• India can construct storage facilities on western rivers of up to 3.6-million-acre feet, which it has not done so far.
• The IWT permits run of the river projects and require India to provide Pakistan with prior notification, including design information, of any new project.

Dispute redressal mechanism under the Treaty

• Article IX of the Treaty is a dispute resolution mechanism – graded at three levels to resolve a difference or a dispute related to projects on the Indus waters.
• First level
• Either party has to inform the other side if they are planning projects on the Indus river with all the information that is required or asked for by the other party.
• This process is done at the level of the Permanent Indus Commission (PIC), created to implement and manage the goals of the IWT.
• If PIC is unable to solve the question in contention, the question becomes difference and goes to second level.
• Second level
• The second grade is the World Bank appointing a neutral expert to resolve the differences.
• If a neutral expert cannot resolve the issue, the difference becomes a dispute and goes to third level.
• Third level
• At this level, the matter goes to a Court of Arbitration (CoA) whose chair is appointed by the World Bank.

For further notes on IWT, refer – https://optimizeias.com/india-sends-notice-to-pakistan-to-amend-indus-water-treaty/

11. Household Consumption Expenditure Survey (HCES)

Subject : Economy

Section: National Income

Concept :

• The Ministry of Statistics and Programme Implementation has formed a new Standing Committee on Statistics (SCoS) to advise on official data, including the household surveys carried out by the National Sample Survey Office (NSSO).
• With 14 members, the new panel is also leaner and more likely to deliver quality guidance. The 28-member economic data review panel may have found it tougher to establish a coherent consensus.
• One of the new panel’s first tasks will likely pertain to the results of the Household Consumption Expenditure Survey (HCES) by the NSSO over the past year, and it must sensitise users on the methods deployed and interpretational nuances they necessitate.

Household Consumer Expenditure Survey (HCES)

• The HCES is traditionally a quinquennial (recurring every five years) survey conducted by the government’s National Sample Survey Office (NSSO).
• It is designed to collect information on the consumer spending patterns of households across the country, both urban and rural.
• Typically, the Survey is conducted between July and June.

Why HCES?

• The HCES is used to arrive at estimates of poverty levels as well as review key economic indicators like Gross Domestic Product (GDP).
• The results of the survey are also utilised for updating the consumption basket and for base revision of the Consumer Price Index.
• It helps generate estimates of household Monthly Per Capita Consumer Expenditure (MPCE) as well as the distribution of households and persons over the MPCE classes.
• It is used to arrive at estimates of poverty levels in different parts of the country and to review economic indicators such as the GDP, since 2011-12.

Why need this survey?

• India has not had any official estimates on per capita household spending.
• It provides separate data sets for rural and urban parts, and also splice spending patterns for each State and Union Territory, as well as different socio-economic groups.