Society 

Study categorises 268 tribes, moots inclusion of 179 communities on SC, ST, and OBC lists - The Hindu

In one of the largest ethnographic studies of its kind, the Anthropological Survey of India (AnSI) and Tribal Research Institutes (TRIs) across the country have, for the first time, comprehensively categorised 268 denotified, semi-nomadic, and nomadic tribes that previous commissions believed had never been classified.

Key Findings

• Recommended Inclusions:
  • 179 communities proposed for SC, ST, OBC (Central) lists across 26 States/UTs.
  • 85 are fresh additions: 46 (OBC), 29 (SC), 10 (ST).
  • Highest new inclusions in UP (19), followed by Andhra Pradesh, Tamil Nadu, MP, and Rajasthan (8 each).
• Status of Report: The report is “pending” with NITI Aayog for scrutiny.
• Groups Not Traceable: 63 communities (>20%) due to assimilation, name changes, or migration.
• Procedural Mandates: Government policy requires inclusion proposals from State/UT governments first, followed by approval from the Registrar General of India and relevant National Commissions.

 

UGC regulations or State university laws? - The Hindu

Six of Tamil Nadu’s State universities are at present without a Vice Chancellor (VC). Some of these posts have been vacant from a few months to over a year. This impasse is due to a disagreement between the Governor and the State government regarding the composition of the search committee for selecting VCs.

Conflict over Vice-Chancellor Appointments

• Governor’s Position: As ex-officio Chancellor, insists on a UGC nominee in the search committee (UGC Regulations, 2018).
• Govt’s Position: Prefers existing provisions in State University Acts, with search committees formed by nominees from Chancellor, syndicate, & senate.
• Conflicting Supreme Court rulings:
  • Some uphold UGC regulations as mandatory over State Acts.
  • Others view UGC regulations as merely recommendatory for State universities.
  • Draft UGC Regulations, 2025 are seen to further diminish State autonomy.
• Parallel Stand-offs & Impact:
  • Similar issues in Kerala and Punjab.
  • Leadership vacancies have led to administrative delays, including staff appointments and degree awards.

Judicial Precedents

• Scope of Article 254(1): Addresses conflicts only between central and State laws enacted by Parliament and State legislatures.
• Key Rulings:
  • Ch. Tika Ramji vs State of Uttar Pradesh (1956): Held that a Central Control Order could not repeal provisions of a State Act. Repeal power rests solely with Parliament, which cannot delegate this authority.
  • Indian Express vs Union of India (1984): Subordinate legislation may be challenged on grounds applicable to plenary legislation.
  • J.K. Industries vs Union of India (2007): Reaffirmed that delegated legislation must yield to plenary legislation.
• Implication: Subordinate legislation framed under a Central law cannot override or repeal plenary State laws. 

An Overreach by the UGC

• Lack of Statutory Basis: No provision in the UGC Act, 1956 governs Vice-Chancellor (VC) appointments.
• Exceeding Delegated Authority: Regulation 7.3 on VCs claims legal basis under Sections 26(1)(e) and 26(1)(g), but neither applies to VCs.
• Advisory Powers: The UGC can only advise on standards and withhold grants if unheeded. 
• Ultra Vires Regulations: Regulation 7.3 on VCs is seen as executive overreach, lacking support from any clear statutory provision.
• Shifting Positions: UGC has changed its stance (2010, 2013, 2018, 2025 draft) on whether a UGC nominee should be part of the search committee.

Inconsistencies in Judgments

• Supreme Court Rulings: Held that once UGC regulations are laid before Parliament, they become part of the UGC Act, and any VC appointments violating them are void.
• Kalyani Mathivanan (2015), P.J. Dharmaraj (2024): Ruled UGC regulations are not mandatory for State universities unless adopted by the State.
• Chief Inspector of Mines vs Karam Chand Thapar (1961): Subordinate legislation remains subordinate even if “treated as if contained in the Act.”

Procedures for Laying Subordinate Legislation:

• Without further procedure: Takes effect immediately, only for information.
• Negative resolution: Takes effect immediately but can be annulled or modified within a set period (UGC follows this under Section 28(1)).
• Affirmative resolution: Requires the legislature’s prior approval before taking effect.

Way forward

• A definitive Ruling: A definitive judgment is required to resolve constitutional ambiguities and clarify the scope of Article 254(1).
• Key Clarifications Needed:
  • Article 254(1) applies only to plenary Central and State laws.
  • Delegated legislation does not become part of the parent Act unless laid under the affirmative resolution procedure.
  • UGC regulations remain advisory for State universities unless officially adopted by the State.

 

Mitigating, aggravating circumstances in death penalty cases - Indian Express

A sessions court in Kolkata sentenced Sanjoy Roy, convicted of the rape and murder of a doctor at RG Kar Medical College and Hospital, to life imprisonment recently. The Supreme Court has held that a sentence of death should be passed only in the “rarest of rare” cases, after the court has considered possible “aggravating” and “mitigating” circumstances (Bachan Singh v. State of Punjab, 1980).

‘Rarest of Rare’ Test

• Origin: Bachan Singh judgment upholding constitutionality of death penalty. Imposed only if there is no possibility of reforming the offender.

Aggravating Circumstances (favoring death penalty):

• Murder that is pre-planned, calculated, and extremely brutal.
• “Exceptional depravity” in the nature of the offence.
• Killing a public servant, police officer, or armed forces member on duty or for actions in discharge of duty.

Mitigating Circumstances (arguing against death penalty):

• Accused under severe mental or emotional disturbance during the crime.
• Young or very old age of the accused.
• Likelihood that the accused does not pose a continuing threat to society.
• Potential for reform.
• Acting under another’s direction or believing actions were morally justified.
• Suffering from mental incapacity affecting ability to understand the criminality of their actions.

New mitigating and aggravating circumstances

• Age of the Accused: Young age of the accused (below 30 cases) as an indication that they could be reformed.
• Law Commission (262nd Report, 2015): Age-based mitigation varies unpredictably, making sentencing “judge-centric.”
• Nature of Offence: Shankar Khade (2013) suggested comparing similar offences to avoid subjective application of “rarest of rare.”
• Machhi Singh (1983): Advocated the “collective conscience” test, focusing on crime circumstances rather than the criminal’s capacity for reform.
• Bachan Singh (1980): Prosecution must prove no chance of reform; presumption is against the death penalty.
• Santosh Bariyar (2009): Courts must provide clear evidence why the convict is not fit for reformation or rehabilitation.

 

Redefining obesity - Indian Express

The Lancet medical journal’s Diabetes & Endocrinology Commission last week proposed a new definition and method for diagnosing obesity, beyond simply looking at a person’s Body Mass Index (BMI), the ratio of one’s weight and height.

BMI-based Classification

• Under 18.5: Underweight
• 18.5–24.9: Normal
• 25–29.9: Overweight
• 30 & above: Obese

Criticism of the BMI-Only Method

• Over/Under-diagnosis: High muscle mass can result in a BMI over 30 despite being healthy. Some individuals with excess fat remain under 30 BMI but still experience obesity-related health risks.
• Variations in Body Composition: Many lean-looking Indians with normal BMI still have harmful abdominal fat.
• Greater Disease Risk at Lower BMI: Indians have higher body fat and central obesity.

New Proposed Definition of Obesity (Lancet Commission)

• Definition: A long-term disease that alters organ functions, leading to serious complications.
• Broader Criteria: Goes beyond height, weight, and waist circumference to include muscle mass and organ function.
• Clinical Indicators: Breathlessness, wheezing, sleep apnoea, high triglyceride levels, metabolic issues, fatty liver disease, reproductive changes, heart failure, fatigue, and joint pain.
• Lifestyle: Degree of daily activity is also considered.
• Replacement of ‘Overweight’: Replaced by “pre-clinical obesity,” indicating excess body fat without current illness.

What’s Different for Indians?

• Two-Stage System:
  • Stage 1 Obesity: BMI>23, with optional waist circumference/ waist-to-height ratio; no daily activity limitations or obesity-related chronic conditions.
  • Stage 2 Obesity: BMI > 23 plus at least one more physical parameter (e.g., waist circumference), and limitations in day-to-day activities or comorbid diseases.
• BMI: A primary entry-point for diagnosis.

 

WHAT IS THE SVAMITVA SCHEME, WHO BENEFITS FROM IT AND HOW - Indian Express

Prime Minister recently said once property cards under the Centre’s SVAMITVA scheme have been distributed in all the villages of the country, it could unlock economic activity worth over Rs 100 lakh crore.

Survey of Villages and Mapping with Improvised Technology in Village Areas (SVAMITVA) Scheme

• Objective: Issue property cards to rural homeowners.
• Method: Aerial surveys of village properties using drones; creation of GIS-based village maps.
• Launch & Rollout:
  • Launched on National Panchayati Raj Day (April 24, 2020).
  • Distribution of property cards began on October 11, 2020.
• Benefits of a SVAMITVA Property Card
  • Access to Financial Assets: Recognizes homes as collateral, enabling rural households to obtain loans and other financial services.
  • Property Tax Revenue: Helps determine property tax, increases liquidity of land parcels, boosting credit availability.
  • Accurate Land Records: Facilitates rural planning through precise property mapping.
• Implementation Process of SVAMITVA Scheme
  • MoU with Survey of India (SoI): SoI conducts topographical mapping using drones, satellite images, and UAVs.
  • Continuously Operating Reference System (CORS) Network: Helps in accurate geo-referencing, ground truthing, and land demarcation.
  • Village Identification: Villages are chosen for survey, and residents are informed about the mapping process.
  • Drone Survey & Mapping: A GIS database on a 1:500 scale and “Gram Manchitra” (village maps) are prepared.
  • Ground Verification: The drone survey team verifies on the ground, and any corrections are made.
  • Final Property Cards/Title Deeds: “Sampatti Patrak” (property cards) are generated; available digitally or as physical copies for property owners.

 

Polity 

How does welfare politics translate into votes? - The Hindu

Right from the time of its independence, India has had to contend with extreme inequality and a large population of poor people. While there have been improvements since 1947, the twin challenges of high inequality and widespread indigence remain. This has made social welfare an integral element of electoral politics.

Evolution of Welfare in India

• Initial Phase (Planned Economy):
  • Address socio-economic inequality through state-led interventions
  • State as a driver of change against status quoist social forces
• Shift to Market-Led Growth: Welfare viewed as an “antidote” to market shortcomings

Constraints on Traditional Public Goods:

• Fiscal discipline and limited budgets restricted investment in education, healthcare
• Outcomes of capacity-building (e.g., health, education) not aligned with electoral cycles, making credit-claiming difficult

Market-Compatible Approach:

• Emphasis on technology, cash subsidies, direct transfers
• Citizens seen as “consumers” free to choose services
• Political parties leverage tangible benefits (cash, gas connections, housing) for easy brand identification

 

Bail under PMLA: interpretation by SC, HCs of law on exception for women - Indian Express

The Supreme Court criticised the Enforcement Directorate (ED) last week for arguing that the rigorous bail conditions in money laundering cases will apply to women even though the Prevention of Money Laundering Act, 2002 (PMLA) provides an exception to this standard.

PMLA and Exception

• Stringent Bail Standard (Section 45):
  • Accused must prove no prima facie case exists for bail, mirroring the tough bail requirements under UAPA.
  • The Public Prosecutor gets the opportunity to oppose the bail plea.
  • If opposed, the court must be convinced the accused is likely not guilty and will not re-offend.
• Exceptions: Minors, women, and sick or infirm persons.

Legal Precedents

• Preeti Chandra Case (2023): Delhi HC granted bail citing the special provision for women under Section 45(1) of PMLA.
• K Kavitha Case (2024): A Delhi court denied interim bail, stating the exception is not “obligatory” or “mandatory.”

 

Abetment to suicide: Why SC advised caution in using the provision - Indian Express

Recently, the Supreme Court said that police and the courts should avoid “unnecessary prosecutions” in cases of abetment of suicide stemming from the workplace.

Abetment Under IPC and BNS

Definition (Section 107 IPC / Section 45 BNS):

• Instigates a person to do something.
• Conspires with others to do it.
• Intentionally aids (by act or illegal omission) in its commission.

Punishment: Under Section 306 IPC (Section 108 BNS), imprisonment up to 10 years and fine.

SC judgement

• Threshold: In suicide cases, there must be “direct and alarming encouragement/incitement” by the accused.
• Two Categories:
  • Sentimental Ties: The threshold for proving abetment may be lower because normal quarrels can cause psychological imbalance.
  • Official Capacity: Managed through law and regulations..
• No Full-Fledged Trial If Facts Are Clear: Where facts indicate no intention to drive someone to suicide, proceeding with a trial is “an abuse of process.”

Earlier precedents

• M Mohan v State, 2011: Must show the accused intended to push the deceased to a point where suicide was the only option.
• Karnataka HC Ruling (July 2023): 
  • Refused to quash proceedings against three persons accused of harassing an LGBT employee, leading to suicide.
  • Held there is no fixed standard to prove abetment; “destroying a hypersensitive person’s self-esteem” can amount to abetment.

• Ude Singh v State of Haryana (2019):

• Each case depends on specific facts.
• Must show direct or indirect acts of incitement.
• A continuous course of conduct driving the victim to see no alternative but suicide could fall under Section 306 IPC.

 

World Affairs 

What did the ILO report state about international migrants? - The Hindu

By addressing labour market shortages in host nations and contributing remittances to home countries, International Migrants (IM) continue to make contributions to world economic growth, the fourth edition of ‘Global Estimates on International Migrant Workers’, released by the International Labour Organization (ILO), said.

Findings of the report

• Global Share (2022): IMs constituted 4.7% (167.7 million) of the global labour force.
• Gender Distribution: 61.3% of employed IMs (approx. 102.7 million) were men; 38.7% (64.9 million) were women.
• Age Brackets (2022):
  • Prime-age adults (25-54 years): Largest group at 74.9% (125.6 million).
  • Youth (15-24 years): 9.3% (15.5 million).
  • Older adults (55-64 years): 12.5%.
  • 65+ years: 3.4%.

Economic Sectors Attracting IMs

• Services Sector (68.4%): 80.7% of female IMs and 60.8% of male IMs.
• Non-migrant women and men in services: 59.4% and 46.3%, respectively.
• Industry (24.3%) closely matches non-migrants (24.2%).
• Agriculture (7.4%) significantly lower than non-migrants (24.3%).

Main Host Countries

• High-Income Countries (68.4% of IMs): About 114 million, mostly in services and care-related jobs.
• Upper-Middle-Income Countries (17.4%): Around 29.2 million.

Regional Distribution (2022):

• Northern, Southern & Western Europe: 23.3% of IM workforce.
• Northern America: 22.6% (slight drop over a decade).
• Arab States: 13.3% (down by three percentage points since 2013).
• Reasons: Ageing populations, rising care economy, and better economic opportunities continue to draw IMs to high-income destinations.

 

The impact of H-1B visas on the tech industry in U.S. - The Hindu

A section of billionaires, politicians, and tech workers were piqued by a specific U.S. immigration policy that allows skilled foreign workers to work in the country.

H-1B Visa Programme

• Origin: Immigration Act of 1990 revised and expanded the H-1B visa to meet economic and social needs in a globalising world.
• Annual cap: Fixed at 65,000 visas; employers must ensure hiring foreign workers does not harm wages/conditions of U.S. workers.
• Evolving Caps: Cap briefly raised to 1,95,000 during the dot-com boom; later reverted.

Impact on the U.S. Economy

• Labour Market & Wages:
  • Studies (e.g., Giovanni Peri) show H-1B STEM workers raise wages for both college-educated and non-college-educated natives.
  • H-1B inflows attributed to 30-50% of U.S. productivity growth (1990-2010).
  • Immigrants often specialise in complementary roles, enhancing innovation.
• Innovation & Entrepreneurship:
  • Significant contribution to patents, particularly in emerging tech.
  • Transition to permanent residency linked to higher innovation and new firm creation.

Criticisms & Future Outlook

• Concerns Over Indian IT Services:
  • Large share of H-1B visas among certain Indian IT firms raised questions about programme concentration.
  • Critics argue these practices focus more on profit than on high-end innovation.
• Policy Debate:
  • Calls to reform skilled worker immigration to prioritise individuals’ skills/education over corporate interests.

 

Economy 

How is TRAI and the govt. combating spam? - The Hindu

The Telecom Regulatory Authority of India (TRAI) will be using distributed ledger technology (DLT) to register spam preferences from customers, TRAI chairman Anil Kumar Lahoti said. Spam rules will be tightened to make commercial messages traceable, the TRAI has indicated.

TRAI’s Role 

• Regulation of Unsolicited Commercial Communications (UCC)/ Spam: Implemented Do-Not-Disturb (DND) registry in 2007.
• Tools: Mandated DND reporting through telecom providers’ apps in 2024 to simplify the process.
• TCCCPR, 2018: Telemarketers violating DND rules receive warnings and risk blacklisting from telecom operators for repeated violations.

• Challenges: 
  • DND app faced maintenance issues & was unavailable from 2022.
  • SMS-based reporting lacked user-friendliness.

Role of Blockchain in Fighting Spam

• Mandated Use: Telcos must use blockchain to maintain an updated list of approved SMS senders and pre-approved message formats.
• Advantages: Provides immutability and traceability, preventing tampering or fraudulent registrations.
• Enhanced Regulations (2024): Tightened rules for traceability to prevent fraudulent messages bypassing existing systems.

Effectiveness of Measures

• Legitimate Communication: Reduced spam from rule-abiding businesses for DND-registered users.
• Challenges:
  • Spam evolves, including fraudulent calls using disposable phone numbers or international VoIP numbers.
  • Hard to enforce real-time protections against cyber fraud and scams.

Other Government Initiatives

• Sanchar Saathi Portal (DoT):
  • Includes “Chakshu” for reporting suspected fraudulent calls/messages.
  • Cancellation of lakhs of numbers linked to unauthorized telemarketers/scammers.
• Telecom Security Operation Centre: Real-time monitoring of suspicious internet traffic.

Telco Efforts:

• Airtel uses AI to label calls as “Suspected Spam” and flags international calls on smartphones.
• Similar measures being adopted by other telecom operators.

 

ANNUAL MEET BEGINS IN DAVOS: WHAT IS THE WORLD ECONOMIC FORUM? - Indian Express

The World Economic Forum (WEF) is holding its Annual Meeting from January 20 to 24 in Davos, Switzerland. Attendees will include European Commission President Ursula von der Leyen, China’s Vice Premier Ding Xuexiang, and other leaders in business and politics.

World Economic Forum (WEF)

• Founder: Klaus Schwab, a German professor in 1971
• Original name: European Management Forum.
• Significance: Introduced “stakeholder capitalism” focusing on long-term value creation for all stakeholders, not just shareholders.
• Purpose: A platform for leaders from business, government, and civil society to discuss global issues and brainstorm solutions.

Key Activities:

• Annual Meeting: Expanded from management to economic and social issues after 1973 events (e.g., Bretton Woods collapse, Arab-Israeli War).
• Membership: 1,000 global companies with turnover >$5 billion.
• Partnerships: Established ties with China in 1979.
• Funding: Supported by partnering global corporations.
• Diplomacy: Facilitated meetings like North-South Korea ministerial talks, German reunification discussions, and South Africa’s political transition.
• Global Initiatives: Led to the creation of the G20 framework in 1998, elevated to a summit level in 2008.
• Reports: Global Competitiveness Report and Global Gender Gap Report.

 

Defence 

Nine Navies hold joint drills in strategic straits between Indian Ocean and the Pacific - The Hindu

The Navies of nine Indo-Pacific countries, including India, are taking part in a multilateral exercise, La Perouse, hosted by France in the strategic straits of Malacca, Sunda, and Lombok, between the Indian Ocean and the Pacific Ocean.

La Perouse Multilateral Naval Exercise

• Participants: India, Australia, Canada, France, Indonesia, Malaysia, Singapore, the U.K., and the U.S.
• Location: Strategic straits of Malacca, Sunda, and Lombok.
• Indian Navy's Role: Deployed guided-missile destroyer INS Mumbai.
• Leader: French Carrier Strike Group, including carrier Charles de Gaulle.

Focus Areas:

• Strengthening maritime safety and interoperability.
• Addressing maritime crises such as accidents, illegal immigration, drug trafficking, earthquakes, and tsunamis.

Significance:

• Enhances coordination to counter rising forays by the Chinese Navy in the region.
• Use of IORIS, a communication system for synchronized response during maritime crises.