Daily Current Affairs for UPSC CSE
Topics Covered
- UNCLOS
- Chikunguniya Vaccine
- Adultery
- Global South & Global South Summit
- Reservation in Private Sector
- Technical Textiles and Technical Textiles Mission
- Facts for Prelims
1 . UNCLOS
Context: India is committed to the freedom of navigation, overflight, and unimpeded lawful commerce in international waters, and supports the 1982 United Nations Convention on the Law of the Sea (UNCLOS), Defence Minister Rajnath Singh said recently.
About UNCLOS
- The United Nations Convention on the Law of the Sea (UNCLOS), also called the Law of the Sea Convention or the Law of the Sea Treaty, is an international agreement that establishes a legal framework for all marine and maritime activities.
Background
- The convention resulted from the third United Nations Conference on the Law of the Sea (UNCLOS III), which took place between 1973 and 1982.
- UNCLOS replaced the four treaties of the 1958 Convention on the High Seas known as the Geneva Convention and the Law of the seas.
- The four treaties include : the Convention on the Territorial Sea and the Contiguous Zone (CTS); the Convention on the High Seas (CHS); the Convention on Fishing and Conservation of the Living Resources of the High Seas (CFCLR); the Convention on the Continental Shelf (CCS); and the Optional Protocol of Signature concerning the Compulsory Settlement of Disputes (OPSD).
Membership
- UNCLOS has been ratified by 168 parties. These include 164 United Nations Member States, a United Nations Observer State (Palestine), the European Union, the Cook Islands and Niu.
- One of the most significant State that has neither signed nor ratified UNCLOS is the United States of America.
- India ratified UNCLOS on June 29, 1995, and the convention entered into force for India on November 16, 1995.
Secretariat
- The Division for Ocean Affairs and the Law of the Sea (DOALOS) of the Office of Legal Affairs of the United Nations serves as the secretariat of the Convention on the Law of the Sea and provides information, advice and assistance to States with a view to providing a better understanding of the Convention and the related Agreements, their wider acceptance, uniform and consistent application and effective implementation.
Objectives
- Establishing Legal Order for the Seas: UNCLOS aims to establish a comprehensive legal framework governing the uses of the oceans and seas to ensure that activities are conducted in a manner that is fair, just, and preserves the marine environment.
- Delimitation of Maritime Boundaries: It provides a mechanism for the delimitation of maritime boundaries between neighboring countries, helping to prevent conflicts over oceanic territories.
- Protection of the Marine Environment: UNCLOS includes provisions for the protection and preservation of the marine environment, encouraging the sustainable use of marine resources and preventing pollution.
- Conservation and Management of Living Resources: The convention addresses the conservation and management of living marine resources, promoting sustainable fisheries management.
- Freedom of Navigation: UNCLOS establishes the principle of freedom of navigation, ensuring that ships of all states enjoy the right to navigate freely on the high seas.
- Economic use: To enable equitable and efficient utilisation of ocean resources beyond national boundaries.
Maritime zones under it
- Internal Waters: Waters on the landward side of the baseline, where the coastal state has full sovereignty, similar to its sovereignty over its land territory.
- Territorial Sea: Extends up to 12 nautical miles from the baseline. Coastal states have sovereignty over this area, and foreign vessels enjoy the right of innocent passage.
- Contiguous Zone: Extends from the outer edge of the territorial sea to up to 24 nautical miles from the baseline. Coastal states can enforce customs, immigration, and environmental laws in this zone.
- Exclusive Economic Zone (EEZ): Extends up to 200 nautical miles from the baseline. Coastal states have sovereign rights for the purpose of exploring and exploiting, conserving, and managing natural resources, both living and non-living, in the adjacent waters.
- Continental Shelf: Coastal states have sovereign rights to explore and exploit the resources of the seabed and subsoil of the continental shelf up to 200 nautical miles or beyond if certain conditions are met.
- High Seas: Beyond the EEZ, the high seas are open to all states, and no state may claim sovereignty over them. Freedom of navigation, overflight, and other internationally lawful uses of the sea are preserved for all nations.
Institutions created by UNCLOS
- International Seabed Authority (ISA): The ISA is an autonomous international organization established under UNCLOS to organize, regulate, and control all mineral-related activities in the international seabed area beyond national jurisdiction.
- International Tribunal for the Law of the Sea (ITLOS): ITLOS is an independent judicial body established under UNCLOS to adjudicate disputes arising out of the interpretation and application of the Convention.
- Commission on the Limits of the Continental Shelf (CLCS): The CLCS, established under Article 76 and Annex II of UNCLOS, reviews submissions from coastal states regarding the outer limits of their continental shelves beyond 200 nautical miles.
2 . Chikunguniya Vaccine
Context: On November 9, the world’s first vaccine for chikungunya was approved by the Food and Drug Administration (FDA) in the U.S.
About the news
- The Chikungunya vaccine has been developed by European vaccine manufacturer Valneva and will be available under the brand Ixchiq, and has been approved for administration in people who are 18 years or older, and are at increased risk of exposure to the virus.
- It was approved using the Accelerated Approval pathway, which allows the FDA to clear certain products for serious or life-threatening conditions based on evidence of a product’s effectiveness that is likely to provide clinical benefit.
About Chikungunya
- It is a viral infection (CHIKV) transmitted primarily by the Aedes aegypti and Aedes albopictus mosquitoes and has been described as “an emerging global health threat.”
- It is characterised by severe joint pain and impaired mobility, and comes with fever.
- As per the WHO fact sheet Chikungunya is prevalent in Africa, Asia, and the Americas; but sporadic outbreaks have been reported in other regions.
- Since 2004, outbreaks of CHIKV have become more frequent and widespread, partly due to viral adaptations allowing the virus to be spread more easily by the Aedes albopictus mosquitoes.
- While severe symptoms and deaths from chikungunya are rare and usually related to other coexisting health problems, it is believed that the numbers are generally underestimated, because chikungunya is often misdiagnosed as dengue or zika, as symptoms can seem similar.
Symptoms
- Joint pain.
- joint swelling,
- muscle pain,
- headache,
- nausea,
- fatigue and rash.
Cure and Prevention
- As of now, there is no cure, only symptomatic relief, with analgesics to help with the pain, antipyretics for the fever, rest, and adequate fluids.
- Prevention includes mosquito control activities, primarily falling under public health outreach and routine civic maintenance.
- Individuals are advised to use medicated mosquito nets and ensure that there is no water stagnation in any containers at home, in order to prevent the breeding of mosquitoes.
About the vaccine
- Ixchiq, the vaccine, is administered as a single dose by injection into the muscle.
- It contains a live, weakened version of the chikungunya virus and may cause symptoms in the vaccine recipient similar to those experienced by people who have the disease.
- Its safety was evaluated in two clinical studies conducted in North America in which about 3,500 participants, 18 years of age and older, received a dose of the vaccine with the other study including about 1,000 participants receiving a placebo.
- The most reported side effects by vaccine recipients were headache, fatigue, muscle pain, joint pain, fever, nausea and tenderness at the injection site.
- The effectiveness of the vaccine was based on immune response data from a clinical study conducted in the U.S. in individuals 18 years of age and older.
- In this study, the immune response of 266 participants who received the vaccine was compared to the immune response of 96 participants who received the placebo. The level of antibody evaluated in study participants was based on a level shown to be protective in non-human primates that had received blood from people who had been vaccinated.
Significance of the vaccine
- The approval addresses an unmet medical need and is an important advancement in the prevention of a potentially debilitating disease with limited treatment options.
- It will fast track the roll out of vaccines in countries where chikungunya is more prevalent, including Brazil, Paraguay, India (as per the National Centre for Vector Borne Diseases Control, India had 93,455 suspected chikungunya cases until September in 2023), and parts of western Africa.
3 . Adultery
Context: The Parliamentary Committee on Home Affairs has suggested that adultery should be re-instituted as a crime in the Bharatiya Nyaya Sanhita (BNS), 2023, the proposed law to replace the Indian Penal Code (IPC), 1860.
What is the legal position on adultery now?
- Until 2018, the IPC contained Section 497, which defined adultery as a criminal offence that attracted up to five years in prison, or a fine, or both. However, only men could be punished under Section 497, not women.
- This was contrary to both the common understanding and the dictionary definition of adultery, which is simply voluntary sexual intercourse between a married person, man or woman, and someone other than that person’s current spouse or partner.
- In Joseph Shine vs Union Of India (2018), a five-judge Bench of the Supreme Court led by then Chief Justice of India (CJI) Dipak Misra, and comprising current CJI D Y Chandrachud, and Justices A M Khanwilkar, R F Nariman, and Indu Malhotra, unanimously struck down Section 497 of the IPC on grounds that included discrimination.
Recommendations by the House Committee
- The report on the Bharatiya Nyaya Sanhita Bill 2023, mentions that adultery should be reinstated as a criminal offence, but it should be made gender-neutral as both men and women should be punished for it.
- The Committee is of the view that the institution of marriage is considered sacred in Indian society and there is a need to safeguard its sanctity.
- According to the Section 497 was struck down on grounds of discrimination, and making it gender-neutral would address this deficiency.
Issues with the re-instituting Adultery as a crime
- The discriminatory nature of Section 497, and its “manifest arbitrariness” in punishing only men for adultery, was just one of the grounds on which the court had struck down the provision. The judgment went much farther.
- According to the judgement Section 497 was violative of Articles 14, 15, and 21 of the Constitution (which protect the fundamental rights to equality, non-discrimination, and life respectively).
- The court underlined the autonomy of women as a facet of human dignity. CJI Misra declared that the husband is neither master of his wife, nor does he have legal sovereignty over her.
- Court ruled that adultery “does not fit into the concept of crime”. If it is treated as a crime, there would be immense intrusion into the extreme privacy of the matrimonial sphere. It is therefore better to be left as a ground for divorce.
- The judgment cautioned that treating it as a criminal offence by the Parliament will offend the two facets of Article 21 of the Constitution, namely, dignity of husband and wife, as the case may be, and the privacy attached to a relationship between the two.
- Justice Malhotra, the only woman judge on the Bench, observed that Section 497 was “replete with anomalies” , for instance, an adulterous relationship would not be an offence if the married woman had her husband’s consent. Also, a wife could not prosecute her husband or his lover, even if they committed this offence.
- The judgment pointed out that “ancient notions” of the man being the seducer and the woman being the victim, no longer applied.
- Justice Chandrachud, described Section 497 as a relic of Victorian morality that “proceeds on the notion that the woman is but a chattel; the property of her husband”.
- The court also struck down Section 198(2) of the CrPC to the extent that it applies to the offence of adultery under Section 497. Section 198(2) CrPC says that in certain cases, courts can take cognizance of a matter only if approached by an aggrieved party and, in cases of adultery, only the husband shall be deemed as “aggrieved”.
Can the Supreme Court’s decision in this case be undone?
- A ruling of the SC is the law of the land. Parliament cannot simply pass a law that contradicts a ruling of the top court. However, it can pass a law that removes the basis of the court’s judgment. Such a law can be both retrospective and prospective.
- In Madras Bar Association vs. Union of India (2021), an SC Bench said: “The test for determining the validity of a validating legislation is that the judgment pointing out the defect would not have been passed, if the altered position as sought to be brought in by the validating statute existed before the Court at the time of rendering its judgment. In other words, the defect pointed out should have been cured such that the basis of the judgment pointing out the defect is removed.”
4 . Global South & Global South Summit
Context: Delivering the inaugural speech at the virtual Voice of Global South Summit, Prime Minister reiterated his condemnation of the October 7 attack on Israel by Hamas and said the Global South should speak in one voice on critical matters.
About Global South
- The term “Global South” refers to a socio-economic and political construct rather than a geographical one.
- It is used to describe countries that are less economically developed and often face social and political challenges.
- The Global South includes regions in Africa, Latin America, Asia (excluding Japan), and Oceania.
- These countries are characterized by factors such as lower income levels, higher poverty rates, and less developed infrastructure compared to the more economically advanced “Global North” or “developed countries.”
Global South Summit
- The Ministry of External Affairs hosted the Voice of Global South Summit (VOGSS).
- This unique initiative brings together 125 countries of the Global South to share their perspectives and priorities on a common platform.
- It serves as a platform to discuss ways to sustain the momentum generated towards our common aspiration of a more inclusive, representative and progressive world order.
- The theme of the first VOGSS was ‘Unity of Voice, Unity of Purpose’.
Highlights of the second summit
- PM Modi inaugurated a global centre for excellence for the Global South countries called DAKSHIN.
- He said that the Global South has for the first time created a voice on the global stage.
- He also called for 5 ‘Cs’ for the Global South: consultation, cooperation, communication, creativity and capacity building.
- The summit will be structured into 10 sessions and the inaugural and concluding sessions will be at the head of state/government level, and hosted by Prime Minister.
- The theme of the inaugural leaders’ session is ‘Together, for Everyone’s Growth, with Everyone’s Trust’ and that of the concluding leaders’ session is ‘Global South: Together for One Future’.
- In addition, there will be eight ministerial sessions with the following themes: foreign ministers’ session on ‘India & the Global South: Emerging Together for a Better Future’; education ministers’ session on ‘Making Human Resources Future Ready’; finance ministers’ session on ‘Financing People-Centric Development’; and the environment ministers’ session on ‘Sustainable Solutions for Climate Resilience and Climate Finance’.
- It will also include foreign ministers’ session on ‘Global South and One Development’; energy ministers’ session on ‘Affordable & Inclusive Energy Transition for Sustainable Development’; health ministers’ session on ‘Solutions from the Global South for One Health’ and commerce or trade ministers’ session on ‘Global South & Resilient Supply Chains’.
Significance of the Global South
- Economic Contributions: Many countries in the Global South are emerging economies with substantial natural resources, a growing consumer base, and increasing economic influence. These nations contribute significantly to global economic growth and trade.
- Demographic Influence: The Global South is home to a large portion of the world’s population. Demographic trends in these regions have implications for global workforce dynamics, market trends, and social development.
- Humanitarian and Development Challenges: The Global South often faces significant challenges such as poverty, healthcare disparities, and educational inequalities. Addressing these challenges is crucial for achieving global sustainable development goals and promoting social justice.
- Resource Management: The Global South possesses a significant share of the world’s natural resources. Effective and sustainable management of these resources is crucial for global environmental sustainability and addressing challenges like climate change.
5 . Reservation in Private Sector
Context: The controversial Haryana law mandating 75% reservation for residents of the state in private-sector jobs has been struck down by the Punjab and Haryana High Court, which has termed it unconstitutional.
Background
- The Haryana State Employment of Local Candidates Act, which underwent several changes after it was passed in 2020, provided for 75% of private-sector jobs with a monthly salary or wages of less than ₹ 30,000 being reserved for people with a resident or domicile certificate.
- The domicile requirement had been brought down from 15 years to five years.
- The petition against the law was filed in the high court by the Gurugram Industrial Association and other employer bodies.
- The Punjab and Haryana High Court had stayed the Act in February 2022 but the order had been set aside by the Supreme Court days later following an appeal by the Haryana government.
- The Supreme Court had asked the high court to decide on the petitions expeditiously. Punjab and Haryana High Court has termed it unconstitutional.
What was this law?
- The Bill passed by the Haryana Assembly in November 2020 reserved 75% of jobs in the private sector that offered a monthly salary of less than Rs 30,000 (originally Rs 50,000) for residents of Haryana. The Bill received the Governor’s assent on March 2, 2021, and came into effect on January 15, 2022.
- Earlier, in November 2019, the Andhra Pradesh Assembly had passed The Andhra Pradesh Employment of Local Candidates in the Industries/Factories Bill, 2019, reserving three-fourths of jobs for local candidates within three years of the commencement of the Act. The law was challenged in the Andhra Pradesh High Court, which observed that “it may be unconstitutional”. However, the challenge is yet to be heard on merits.
Who challenged the law and on what grounds?
- The Faridabad Industries Association and other Haryana-based associations went to court, contending that Haryana wanted to create reservations in the private sector by introducing a policy of “sons of the soil”, which was an infringement of the constitutional rights of employers.
- The petitioners argued that private sector jobs are purely based on skills and an analytical bent of mind, and employees have a fundamental right to work in any part of India. Therefore, they argued, “The act of the respondent (government) forcing the employers to employ local candidates in private sector vide this impugned Act is the violation of the federal structure framed by the Constitution of India, whereby the government cannot act contrary to public interest and cannot benefit one class”.
- The Haryana government argued that it had the power to create such reservations under Article 16(4) of the Constitution, which says that the right to equality in public employment does not prevent the State from “making any provision for the reservation of appointments or posts in favour of any backward class of citizens which, in the opinion of the State, is not adequately represented in the services under the State”.
What else was there in the Haryana law?
- All companies, societies, trusts, limited liability partnership firms, partnership firms, and large individual employers were covered under the Act. Any person employing 10 or more people on salary, wages, or other remuneration for manufacturing or providing any service, as well as any entity that may be notified by the government, were included.
- However, central or state governments or organisations owned by them were kept outside the ambit of the Act.
- According to the law, a candidate “domiciled in State of Haryana”, called a “local candidate”, could avail of the reservation after registering themselves on a designated online portal. Employers were required to make recruitments only through this portal.
- Employers could apply for an exemption under the Act, but that entailed a long procedure and required government-appointed officers to believe that the employer’s exemption request held merit.
What did the High Court rule?
- The court noted that Section 6 — which required employers to submit quarterly reports with details of local candidates employed and appointed — and Section 8 — under which authorised officers could call for documents or verification to ensure the law was being implemented — of the Act amounted to “Inspector Raj”, and that private employers were being put under the State’s anvil on whom to employ.
- Also, the bar, under Section 20 of the Act, on legal proceedings against any authorised or designated officer acting in “good faith”, tied the employer’s hands, the court said.
- The court ruled that the state’s action amounted to exercising “absolute control over a private employer,” which is “forbidden for public employment.” The restrictions were “gross to the extent that a person’s right to carry on occupation, trade, or business” under Article 19(1)(g) of the Constitution was being impaired, the court said.
- Also, the court said, the state “cannot as such discriminate against the individuals on account of the fact that they do not belong to a certain State”.
Issues with Reservation in Private Sector
- Meritocracy and Efficiency: Critics argue that such reservations may compromise meritocracy and hinder the efficiency of private enterprises. They contend that hiring decisions should be based on skills, qualifications, and experience rather than social or regional criteria.
- Equality and Non-Discrimination: Some view these reservations as discriminatory and inconsistent with the principle of equality. They argue that individuals should be treated based on their abilities rather than their caste or regional background.
- Skill Mismatch: Critics argue that focusing on caste or regional quotas might result in a mismatch between the skills required for a job and the skills possessed by the individuals selected through reservations.
- Impact on Business Competitiveness: Opponents suggest that introducing reservations in the private sector may impact the competitiveness of businesses. They argue that companies should have the flexibility to hire the best talent to remain competitive in a globalized economy.
- Against the Constitution: The Constitution of India guarantees freedom of movement and consequently employment within India through several provisions like Article 15, 16.
6 . Technical Textiles and Technical Textiles Mission
Context: India’s market for technical textiles is targeted to touch $40 billion by 2030 from the current $23 billion, said Rajeev Saxena, Joint Secretary, Ministry of Textiles.
What are Technical Textiles?
- Technical textiles refer to textile materials and products manufactured primarily for their technical and functional performance rather than their aesthetic or decorative properties.
- These textiles are engineered to provide specific functionalities and performance characteristics, making them suitable for various technical applications.
- Technical textiles find application in a wide range of industries due to their specialized properties.
Types of Technical Textiles
- Agrotextiles: Used in agriculture for purposes such as crop protection, soil erosion control, and greenhouse applications.
- Geotextiles: Employed in civil engineering and construction for applications like soil stabilization, erosion control, and drainage.
- Medical Textiles: Used in the healthcare industry for products like surgical gowns, wound dressings, and artificial organs.
- Protective Textiles: Designed for personal protection, including bulletproof vests, flame-resistant clothing, and chemical protective suits.
- Automotive Textiles: Applied in the automotive industry for products such as airbags, seat belts, and interior fabrics with enhanced durability.
- Sportech Textiles: Utilized in sports and outdoor activities, including products like sportswear, tents, and specialized fabrics for sports equipment.
National Technical Textile Mission:
- It is launched by the Ministry of Textiles to position India as a global leader in Technical Textiles.
- It was approved for a four-year implementation period from FY 2020-21 to 2023-24, which has now been extended till 2026.
- The Mission will have four components:
- Component -I (Research, Innovation and Development) – The fundamental research activities will be based on ‘pooled resource’ method and will be conducted in various Centre for Scientific & Industrial Research (CSIR) laboratories, Indian Institute of Technology (IIT) and other scientific/ industrial/ academic laboratories of repute. Application based research will be conducted in CSIR, IIT, Research Design & Standards Organization (RDSO) of Indian Railways, Indian Council of Agricultural Research (ICAR), Defense Research & Development Organization (DRDO), National Aeronautical Laboratory (NAL), Indian Road Research Institute (IRRI) and other such reputed laboratories, as approved by the Mission Steering Group.
- Component –II (Promotion and Market Development) – The penetration level of technical textiles is low in India. The Mission will aim at increasing average growth rate through market development, market promotion, international technical collaborations, investment promotions and ‘Make in India’ initiatives.
- Component – III (Export Promotion) – The component aims at export promotion of technical textiles. An Export Promotion Council for Technical Textiles will be set up for effective coordination and promotion activities in the segment.
- Component- IV (Education, Training, Skill Development) – Education, skill development and adequacy of human resources in the country is not adequate to meet the technologically challenging and fast-growing technical textiles segment. The Mission will promote technical education at higher engineering and technology levels related to technical textiles and its application areas covering engineering, medical, agriculture, aquaculture, and dairy segments. Skill development will be promoted, and adequate pool of highly skilled manpower resources will be created for meeting the need of relatively sophisticated technical textiles manufacturing units.
Objectives of the Mission:
- To undertake:
- Fundamental research and development of Carbon Fibre, Aramid Fibre, Nylon Fibre.
- Application based research in Agro-textiles, Geo-textiles, Medical textiles, Mobile textiles and Sports textiles including development of Bio-degradable and Sustainable technical textiles.
- Improve the Penetration level of technical textiles in the country and upgrade the skills sets of the workforce.
- Promote usage of technical textiles in various flagship mission, programmes including strategic sectors in India.
- Develop indigenous machineries and process equipment for technical textiles to promote “Make in India” and enable competitiveness of the industry.
- Promotion of innovation amongst young engineering/ technology/ science standards and graduates; along with creation of innovation and incubation centres and promotion of “start-ups” and “ventures”.
7 . Facts for Prelims
INS Sumedha
- INS Sumedha (P58) is the third Saryu-class patrol vessel of the Indian Navy, designed and constructed indigenously by the Goa Shipyard Limited.
- It is designed to undertake fleet support operations, coastal and offshore patrolling, ocean surveillance and monitoring of sea lines of communications and offshore assets and escort duties.
- Currently, it is on an Extended Range Operational Deployment and is operating in the Atlantic Ocean along the West Coast of Africa.
- During this period, INS Sumedha operated in the Gulf of Guinea (GoG) undertaking a 31 days anti-piracy patrol.
- Sumedha’s deployment also ensured enhancing Navy to Navy connect with regional navies including Senegal, Ghana, Togo, Nigeria, Angola and Namibia.
- It also participated in the maiden India- EU Joint Exercise in the Gulf of Guinea.