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Time: 40 Min. Date: 15-07-2021

Polity & Governance

Supreme Court Strikes Down Tribunals Ordinance Syllabus: GS2/ Statutory, Regulatory and various Quasi-judicial Bodies.Statutory, Regulatory and various Quasi-judicial Bodies. In News Recently, the Supreme Court (SC) struck down certain provisions of the Tribunals Reforms (Rationalisation and Conditions of Service) Ordinance, 2021. About

● In a 2:1 verdict, the SC struck down certain provisions such as fixing 4-year terms for members.

● It relates to the minimum age requirement of 50 for appointment as Chairperson or Members and fixing their tenure at four years.

● The ruling came on an appeal by the Madras Bar Association, challenging the provisions of the Ordinance.

Section 184 ● The court held certain provisions of Section 184 introduced by Section 12 of the Tribunals

Reforms (Rationalisation and Conditions of Service) Ordinance, 2021 as void, inoperative and unconstitutional.

○ Section 184 of the Finance Act, 2017, empowered the government to make rules ■ to provide for qualifications, ■ appointment, ■ term of office, ■ salaries and allowances, ■ resignation, ■ removal and ■ other terms and conditions of service of the Chairperson and Vice-

Chairperson (and commensurate positions bearing different nomenclature) and other Members of tribunals.

● The majority verdict said the term of Chairperson of a tribunal shall be five years or till she or he attains the age of 70, whichever is earlier,

● And the term of a Member of a tribunal shall be five years or till she or he attains the age of 67, whichever is earlier.

DAILY CURRENT

AFFAIRS

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Tribunals Reforms (Rationalisation and Conditions of Service) Ordinance, 2021 ● Introduced by the Ministry of Law and Justice. ● The Tribunals Reforms (Rationalisation and Conditions of Service) Ordinance, 2021 was

promulgated on April 4, 2021. ● It dissolves certain existing appellate bodies and transfers their functions (such as

adjudication of appeals) to other existing judicial bodies. ● A Bill with similar provisions was introduced in Lok Sabha on February 13, 2021 and is

currently pending. ● The Finance Act, 2017 empowered the central government to notify rules on:

○ qualifications of members of tribunals, ○ terms and conditions of their service, and ○ composition of search-cum-selection committees for 19 tribunals (such as the

Customs, Excise, and Service Tax Appellate Tribunals). ● Transfer of functions of key appellate bodies as proposed under the Ordinance:

○ The Cinematograph Act, 1952 ○ The Trade Marks Act, 1999 ○ The Copyright Act, 1957 ○ The Customs Act, 1962 ○ The Patents Act, 1970 ○ The Airports Authority of India Act, 1994 ○ The Control of National Highways (Land and Traffic) Act, 2002 ○ The Geographical Indications of Goods (Registration and Protection) Act, 1999

● Search-cum-selection committees: ○ The 2017 Act specifies that the Chairperson and Members of the Tribunals will be

appointed by the central government on the recommendation of a Search-cum-Selection Committee.

○ The Ordinance specifies that these Committees will consist of: ■ the Chief Justice of India, or a Supreme Court Judge nominated by him, as

the Chairperson (with casting vote), ■ two Secretaries nominated by the central government, ■ the sitting or outgoing Chairperson, or a retired Supreme Court Judge, or

a retired Chief Justice of a High Court, and ■ the Secretary of the Ministry under which the Tribunal is constituted (with

no voting right). ● Term of office:

○ The Ordinance specifies that the term of office for the Chairperson of the tribunals will be of four years or till the attainment of the age of seventy years, whichever is earlier.

○ For other members of the tribunals, the term will be of four years or till the age of sixty-seven years, whichever is earlier.

● National Consumer Disputes Redressal Commission: ○ The Ordinance includes the NCDRC established under the Consumer Protection

Act, 2019 within the purview of the Finance Act, 2017. ○ The Ordinance removes the following bodies from the purview of the Finance Act,

2017: ■ the Airport Appellate Tribunal established under the Airports Authority

of India Act, 1994,

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■ the Appellate Board established under the Trade Marks Act, 1999, ■ the Authority of Advance Ruling established under the Income Tax Act,

1961, and ■ the Film Certification Appellate Authority established under the

Cinematograph Act, 1952. Stand of the Judges on Verdict (Ethical)

● Without independence, impartiality cannot thrive: ○ Independence is not the freedom for Judges to do what they like. It is the

independence of judicial thought. ○ It is the freedom from interference and pressures which provides the judicial

atmosphere where he can work with absolute commitment to the cause of justice and constitutional values.

● Habits and Outlook: ○ It is also the discipline in life, habits and outlook that enables a Judge to be

impartial. ○ Its existence depends, however, not only on philosophical, ethical or moral aspects

but also upon several mundane things — security in tenure, freedom from ordinary monetary worries, freedom from influences and pressures within (from others in the judiciary) and without (from the executive).

● Principle of Independence of any organization: ○ Independence of the judiciary as an institution or an organ of the State, that is,

functional independence, are the broad concepts of the principle of independence of the judiciary/ tribunal.

● Security of tenure: ○ Security of tenure and conditions of service are recognised as core components of

independence of the judiciary. ○ It can be sustained only when the incumbents are assured of fair and reasonable

conditions of service, which include adequate remuneration and security of tenure.

● Judicial overreach: ○ Courts can declare law, interpret law, remove obvious lacunae and fill up the gaps

but they cannot entrench upon in the field of legislation”. ○ Supreme Court has observed that if a law is enacted by Parliament or Legislature,

even if it is assumably contrary to the directions or guidelines issued by the court, it cannot be struck down by reason of such directions/guidelines issued by the court;

○ It can be struck down only if it violates the fundamental rights or the right to equality under Article 14.

Conclusion ● Impartiality, independence, fairness and reasonableness in decision-making are the

hallmarks of the judiciary. ● The Parliament should take caution while overriding or manipulating the

judgements/orders of the Court. Source: IE

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Polity & Governance

Commission to Examine the issue of Sub-categorization of

OBCs

Syllabus: GS2/ Constitutional Bodies

In News Recently, the Cabinet approved the Extension of term of the Commission constituted under Article 340 of the Constitution. About

● The Commission was constituted to examine the issue of Sub-categorization within Other Backward Classes (OBCs) in the Central List.

● The extension is for 6 months beyond 31st July 2021 and upto 31st January 2022. Benefit of this extension

● The proposed extension of tenure and addition in its terms of reference shall enable the “Commission” to submit a comprehensive report on the issue of sub-categorization of OBCs, after consultation with various stakeholders.

Background ● Setup: The Rohini Commission, set up in October 2017 ● Objective:

○ to examine the sub-categorisation of Other Backward Classes (OBCs) and ○ the equitable distribution of the benefits reserved for OBCs among these

● Reason for extension: This extension came after the Supreme Court dismissed the central government’s review plea against the Court’s May 5th verdict that stated that the 102nd

amendment to the Constitution takes away the states’ power to identify Socially and Economically Backward Classes (SEBC) in the region.

● 102nd Constitutional Amendment: ○ It gives constitutional status to the National Commission for Backward Classes. ○ It also inserted Article 338B in the Constitution, which deals with the structure,

duties and powers of the commission, and ○ Article 342A, which gives the President the power to notify a class as SEBC and

the power of Parliament to alter the central SEBC list. ● Subcategorization of OBC

○ Reservation given: OBCs are granted 27% reservation in jobs and education under the central government.

○ Supreme Court’s intervention: In September last year, a Constitution Bench of the Supreme Court reopened the legal debate on sub-categorisation of Scheduled Castes and Scheduled Tribes for reservations.

■ Only affluent communities enjoying reservation: The debate arises out of the perception that only a few affluent communities among the over 2,600 included in the Central List of OBCs have secured a major part of this 27% reservation.

○ Rohini Commission was constituted:

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■ To examine this, the Rohini Commission was constituted on October 2, 2017.

■ At that time, it was given 12 weeks to submit its report, but has been given several extensions since, the latest one being the 11th.

■ The other member in the Commission is former journalist Jitendra Bajaj, director of the Centre for Policy Studies.

■ Before the Rohini Commission was set up, the Centre had granted constitutional status to the National Commission for Backward Classes (NCBC).

Terms of Reference for Commission:

● To examine the extent of inequitable distribution of benefits of reservation among the castes or communities included in the broad category of OBCs with reference to such classes included in the Central List;

● To work out the mechanism, criteria, norms and parameters in a scientific approach for sub-categorisation within such OBCs;

● To take up the exercise of identifying the respective castes or communities or sub-castes or synonyms in the Central List of OBCs and classifying them into their respective sub-categories.

● To study the various entries in the Central List of OBCs and recommend correction of any repetitions, ambiguities, inconsistencies and errors of spelling or transcription.

Findings so far

● In 2018, the Commission analysed the data of 1.3 lakh central jobs given under OBC quota over the preceding five years and OBC admissions to central higher education

institutions, including universities, IITs, NITs, IIMs and AIIMS, over the preceding three years.

● The findings were: ○ 97% of all jobs and educational seats have gone to just 25% of all sub-castes

classified as OBCs; ○ 24.95% of these jobs and seats have gone to just 10 OBC communities; ○ 983 OBC communities — 37% of the total — have zero representation in jobs and

educational institutions; ○ 994 OBC sub-castes have a total representation of only 2.68% in recruitment and

admissions. ● As per the report submitted to the NCBC by the Department of Personnel and Training

○ OBC representation is 16.51 % in group-A central government services, ○ 13.38 % in group-B, ○ 21.25 % in group-C (excluding safai karamcharis) and ○ 17.72 % in group-C (safai karamcharis). ○ This data was for only 42 ministries/departments of the central government.

● Reason for low numbers is that a number of posts reserved for OBCs were being filled by people of general category as OBC candidates were declared “NFS” (None Found Suitable).

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Image Courtesy: TOI

National Commission for Backward Classes ● NCBC is a constitutional body (123rd constitutional amendment bill 2017 and 102nd

amendment 2018 in constitution to make it constitutional body) (Article 338B of the Indian Constitution)

● Under India's Ministry of Social Justice and Empowerment established on 14 August 1993.

● Two Backward Class Commissions were appointed in 1950s and 1970s under Kaka Kalelkar and B.P. Mandal respectively.

● In the Indra Sawhney case of 1992, the Supreme Court had directed the government to create a permanent body to entertain, examine and recommend the inclusion and exclusion of various Backward Classes for the purpose of benefits and protection.

● In pursuant to these directions parliament passed the National Commission for Backward Classes Act in 1993 and constituted the NCBC.

● It was constituted pursuant to the provisions of the National Commission for Backward Classes Act, 1993.

● According to Article 338B, It shall be the duty of the Commission— ○ to investigate and monitor all matters relating to the safeguards provided for the

socially and educationally backward classes under this Constitution or under any other law for the time being in force or under any order of the Government and to evaluate the working of such safeguards;

○ to inquire into specific complaints with respect to the deprivation of rights and safeguards of the socially and educationally backward classes;

○ to participate and advise on the socio-economic development of the socially and educationally backward classes and to evaluate the progress of their development under the Union and any State;

○ to present to the President, annually and at such other times as the Commission may deem fit, reports upon the working of those safeguards;

○ to make in such reports the recommendations as to the measures that should be taken by the Union or any State for the effective implementation of those

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safeguards and other measures for the protection, welfare and socio-economic development of the socially and educationally backward classes; and

○ to discharge such other functions in relation to the protection, welfare and development and advancement of the socially and educationally backward classes as the President may, subject to the provisions of any law made by Parliament, by rule specify.

Source: PIB

Polity and Governance

25 Years of PESA Act

Syllabus: GS 2, Local Body Governance, Government Policies & Interventions, Management

of Social Sector

In News

Recently, the Tilma gram sabha, Jharkhand has written a letter to the State Chief Minister

seeking restoration of their rights guaranteed under the Panchayat Extension to Scheduled

Areas (PESA) Act 1996.

● The Act completes 25 years in 2021.

About the Issue

● According to the Tilma gram sabha, the district administration and the police have

encroached upon their Sarna Sthal (sacred place for tribal worship) and prevented the

villagers from offering their worship.

○ A large contingent of security forces levelled the land and fenced it in February

2021.

● Tilma and Turup are among the two villages where Pathalgarhi movement was not

carried out.

○ Pathalgadi movement refers to a practice where tribal villages erect a huge stone

structure at the entry point of their villages notifying the power and rights of

the gram sabhas.

● The police officials have held that the land was acquired by the administration and

handed over to police and the plot, with construction going on, does not include any

Sarna Sthal.

○ An adjacent plot is the Sarna Sthal but the villagers wanted to carry out rituals

inside the fencing, so they were stopped.

Background

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● The 73rd and the 74th Amendments to the Indian Constitution passed in 1992 took the

three-tier Panchayati Raj governance structure to rural and urban parts of the country

and came into force in April 1993.

● However, scheduled areas, predominantly inhabited by the tribal population, were

exempted from the new amendments.

● Given low human development indicators, there was a huge demand to empower local

governance in the scheduled area as well.

● Thus, the government of India constituted a committee in 1994 to look into the need for

such law and modalities and how it can be extended. Chaired by Dilip Singh Bhuria, a

parliamentarian from Madhya Pradesh, the committee highlighted the plight of the

tribal communities and the exploitation they faced and submitted its recommendations

in 1995.

Panchayat Extension to Scheduled Areas Act, 1996

● The Parliament enacted a special legislation called Panchayat (Extension to Scheduled

Areas) Act (PESA) in 1996 and came into force on 24th December 1996.

● It is now applicable in the Fifth Schedule areas, which deals with the administration of

the districts dominated by the tribal communities, and is in force in 10 states of the

country.

○ These states include Jharkhand, Chhattisgarh, Odisha, Andhra Pradesh, Gujarat,

Himachal Pradesh, Madhya Pradesh, Maharashtra, Rajasthan and Telangana.

● Objectives

○ To extend the provisions of Part IX of the Constitution relating to the

Panchayats to the Scheduled Areas with certain modifications.

○ To provide self-rule for the bulk of the tribal population.

○ To have village governance with participatory democracy and to make the Gram

Sabha a nucleus of all activities.

○ To evolve a suitable administrative framework consistent with traditional

practices.

○ To safeguard and preserve the traditions and customs of tribal communities.

● The Gram Sabhas under PESA Act were entrusted with wide-ranging powers to:

○ Enforce prohibition or to regulate or restrict the sale and consumption of any

intoxicant.

○ Ownership of minor forest produce.

○ Prevent alienation of land in the Scheduled Areas and to take appropriate action

to restore any unlawfully alienated land of a Scheduled Tribe.

○ Manage village markets by whatever name is called.

○ Exercise control over money lending to the Scheduled Tribes.

○ Exercise control over institutions and functionaries in all social sectors.

○ Control over local plans and resources for such plans including tribal sub-plans.

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● In 2013, while hearing a case, the Supreme Court of India referred to the PESA and

asked the Odisha government to go to the Gram Sabha to get permission for bauxite

mining in Kalahandi and Rayagada districts.

○ Local forest dwellers were asked whether bauxite mining will affect their

religious and cultural rights and they decided against the mining on Niyamgiri

hills which led to the cancellation of a huge project.

○ The case is considered a milestone that shows the power of the Gram Sabhas

but this one of the rare achievements of PESA even as it underlines the

possibilities the Act carries.

Significance

● It aimed to decentralise power and empower indegneous communities, paving the

way for participatory democracy & envisaged that each tier of the local governance is

independent.

○ It is based on the cardinal principle of governance that human communities are

the best agency to handle most of their survival challenges, manage their

affairs and progress towards growing emancipation through the instrumentality

of participatory deliberative democracy.

● It also calls for creating the appropriate levels of Panchayats similar to 6th Schedule

Area, where the administrative boundaries are autonomous enough for self-rule.

● The act is constructed around the Gandhian concept of Gram Swaraj which was

included in the Constitution as Article 40 (organisation of village panchayats) and came

alive only when PESA was adopted.

● While the 73rd Amendment, which inserted Article 243, made the terms Gram (village)

and Gram Sabha (village assembly) a part of the Constitution for the first time, PESA

gave shape to the concept of self governance, by devolving power and authority to

them.

● Hence the first substantive section of PESA begins with the legal presumption that the

‘Gram Sabha’ is ‘competent’ and calls upon the state governments to ensure legal,

procedural and administrative empowerment as a means of deepening democracy.

● The principle that underlies PESA has two corollaries in relation to development

namely

○ Any community can best decipher advancement and modernity when it is

grounded in the strength of its own culture and way of life.

○ Any community can negotiate both advancement and modernity only when it is

founded on the bedrock of its own culture and way of life.

● Its provisions appeared to come as a saviour that is designed to erase the historical

injustice done to the tribal community and was perceived as restoration of their dignity

and tradition of self-governance.

Challenges

● The act has now been termed “toothless” with the erosion of its spirit.

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● Till now 40 per cent of States have not formulated necessary rules regarding PESA

which highlights the apathetic attitude of the state governments towards it.

○ Four states (Chhattisgarh, Jharkhand, Madhya Pradesh and Odisha) have not

even framed the rules for the implementation of the act yet.

○ Not a single state has currently amended the Panchayat Raj Act as required as

per PESA.

○ Even in the states where the rules were formulated, they performed quite poorly

on ensuring their implementation.

● After enacting PESA, the Union Government brought several other legislations and

included many provisions of PESA into these laws, shadowing its purpose and

significance.

○ For instance, the Land Acquisition Act, 2013 empowered Gram Sabhas

immensely.

○ Similarly, the Forest Right Act, 2006 has provisions of PESA and now when

people need to protect their rights and resources, they look up to these laws.

● Violations of the self-governance aspects of the Gram Sabhas with respect to

customary resources, minor forest produce, minor minerals, minor water bodies,

selection of beneficiaries, sanction of projects and control over local institutions

continue.

○ Currently, no Gram Sabha can function without going through revenue officers

at various levels and in a majority of cases, required sanctions are denied by

inordinate delays or outright refusals.

○ No stretch of common property can in any way be rightfully owned and

controlled by any village, communities, groups, or people.

○ And the gram sabha’s power to accord such ownership is never recognised.

● While the constitution of Gram Sabhas was made mandatory in states, the powers and

functions of the Gram Sabhas have been left to the discretion of the state legislatures.

As a result, different states have developed powers and functions for this body

differently.

○ From the land acquired and the clearing of villages for the Statue of Unity in

Gujarat, where 121 villages were notified for the project in a blatant disregard for

PESA.

○ Another example was the criminalisation of the Pathalgadi movement, wherein

Adivasis erected stone slabs to demarcate the area of their villages.

● PESA laws of maintenance of autonomy and tribal culture remained obscure.

○ The infringement of the provisions of PESA outlined with it a disregard for the

rights of forest-dwellers, mostly tribal communities which constitute around

nine per cent of India’s population.

● Violations of the Act and its dilution highlights a pattern of developments which show

the Centre and states' lack of commitment towards strengthening of gram sabhas.

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○ Instead there has been a push for corporate entry and control of resources,

making it easier to surpass gram sabha consent.

● The biggest challenge is the degradation of the spirit of PESA as the formulation of

rules did not take place for varied reasons giving rise to increased conflict.

○ The traditional Gram Sabhas and the State structured Panchayats are in conflict

with one another.

Way Forward

● Structures above Gram Sabha should be patterned on the Sixth Schedule.

○ Scheduled areas should have had a structure where the powers of the State could

be allocated in such a way that the Gram Sabha is not overridden but

empowered.

● There is a need to pledge plausible and time bound actions to implement PESA in

letter and spirit.

● The conflict and the inconsistencies between the Gram Sabhas and the Panchayats

need to be ironed out.

● State governments need to change their laws in order to comply with PESA and laws

relating to land acquisition, excise, forest produce, mines and minerals, agri produce

market and money lending need to be amended.

● PESA is good legislation but it will only make sense only if taken seriously and

implemented well.

● It is hoped that in its 25th year of implementation, serious efforts would be pledged to

identify the pitfalls and promote policies that pave the environment for establishment,

prevalence and persistence of a system of tribal self rule in the Fifth Schedule Areas.

Source: TOI

Biodiversity & Environment

Fit for 55: New European Climate Law

Syllabus: GS3/ Environmental Pollution & Degradation, Conservation

In News

Recently, the European Commission has announced a plan called ‘Fit for 55 Package’ for all its

members against climate change.

About

● The deal aims to cut carbon emissions, achieve economic growth not tied to resource

use and ensure no one is left behind.

● EU countries have set binding emission targets for key sectors of the economy to

substantially reduce greenhouse gas emissions.

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● By 2017, the EU had reduced its emissions by almost 22% compared to 1990, reaching its

2020 emission reduction target three years ahead of schedule.

Fit for 55 Package

● It will make the EU's climate, energy, land use, transport and taxation policies fit for

reducing net greenhouse gas emissions by at least 55% by 2030, compared to 1990 levels.

● These measures are the EU’s roadmap to achieve its target to reduce emissions by 55%

by 2030, compared with 1990 levels.

● Its target is more aggressive than that of the United States, which committed to reducing

emissions by 40% to 43% over the same period, but behind Britain, which pledged a

68% reduction.

● It includes a contentious plan called “Carbon Border Adjustment Mechanism” which

would impose tariffs on imported products based on the greenhouse gas emissions

associated with them.

○ The aim is to ease pressure on European producers that cut emissions but

struggle to compete with importers that don’t have the same environmental

restrictions.

Image Courtesy: BS

Implications

● On Goods and Services

○ The European Union’s plan to cut its greenhouse gas emissions by more than

half by the end of the decade will touch almost every industry in the trade bloc.

○ This transition would be painstaking for some companies and customers due to

the rise in the cost of a variety of goods and services.

● On Automobile sector

○ Automobile companies have announced plans to shift to electric vehicles, but

many have resisted putting an expiration date on the fossil-fuel-powered

vehicles, which still generate the most profits.

○ The European Commission plan would effectively require all new cars to be

emissions-free by 2035, removing any flexibility for companies to continue

selling some gasoline or diesel vehicles.

● On Airline Sector

○ The aircraft are major producers of carbon dioxide emissions but also difficult to

convert to emission-free operation.

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○ Under the new proposal, the airlines would be compelled to begin mixing

synthetic fuel with the fossil fuels they now use, and they will no longer receive

tax breaks on fossil fuels.

● On Energy Sector

○ The electricity producers will be pushed to speed up the switch to wind, solar

and hydropower from coal.

○ The goal is to raise the figure for electricity generation by renewables to 40% by

2030, largely by increasing the penalty that utility companies pay for power

generated by fossil fuels.

● On Heavy industry

○ The European Commission plan would raise the cost of polluting by tightening

the European Trading System, which compels companies to effectively pay for

the dangerous carbon dioxide they release into the environment.

■ Anticipation of the changes has already helped drive up the price of

credits by about 50%.

○ Steelmakers made concerns that the proposals could further erode their

competitive advantage over producers in China and discourage the investment

needed to shift to lower emissions.

● On Shipping Sector

○ The deal singles out companies that ship cargo by water, making them pay more

for the emissions they generate to encourage their transition to cleaner energy.

○ Most ships plying the seas today run on low-grade oil and are major polluters.

Source: IE

Health

Burden of Neurological Disorders

Syllabus: GS 2, Government Policies & Interventions, Health, Human Resources

In News

Recently, the first comprehensive estimates of disease burden due to neurological disorders

and their trends in every State of India.

About the Study

● The findings have been published under the title of ‘The burden of neurological

disorders across states of India: the Global Burden of Disease Study 1990–2019’.

● It is based on collaboration with leading neurology experts in India.

● The study aimed at increasing awareness about these disorders, early identification,

cost-effective treatment and rehabilitation.

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● It provides policy-relevant insights into the trends of neurological disorders across the

States.

● It presented a comprehensive perspective of the burden of neurological disorders over

the last 30 years and systematically highlights the variations between the States.

● It has been released and published by the India State-Level Disease Burden Initiative.

○ It was launched in October 2015 to address the knowledge gap with support

from the Ministry of Health and Family Welfare.

○ This is a collaborative effort between the Indian Council of Medical Research

(ICMR), Public Health Foundation of India (PHFI), Institute for Health Metrics

and Evaluation (IHME) and experts and stakeholders from about 100 institutions

across India.

○ The work of this Initiative is overseen by an Advisory Board consisting of

eminent policymakers and involves extensive engagement of 14 domain expert

groups with the estimation process.

○ It reported an unprecedented comprehensive assessment of the diseases

causing the most premature deaths and ill-health in each state of the country, the

risk factors responsible for this burden, and their trends spanning 26 years from

1990 to 2016.

■ The burden from 333 disease conditions and injuries and 84 risk factors

are computed for each state of India as part of the Global Burden of

Disease Studies.

Neurological Disorders

● These are diseases of the central and peripheral nervous system.

○ In other words, the brain, spinal cord, cranial nerves, peripheral nerves, nerve

roots, autonomic nervous system, neuromuscular junction, and muscles.

● These neurological disorders include:

○ Non-communicable neurological disorders like stroke, headache disorders,

epilepsy, cerebral palsy, Alzheimer’s disease and other dementias, brain and

central nervous system cancer, Parkinson’s disease, multiple sclerosis, motor

neuron diseases, and other neurological disorders.

○ Communicable neurological disorders like encephalitis, meningitis, and

tetanus.

○ Injury-related neurological disorders like traumatic brain injuries and spinal

cord injuries.

● Many bacterial, viral, fungal and parasitic infections can affect the nervous system.

Neurological symptoms may occur due to the infection itself, or due to an immune

response.

● Prevalence

○ Hundreds of millions of people worldwide are affected by neurological

disorders.

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○ More than 6 million people die because of stroke each year and over 80 per cent

of these deaths take place in low- and middle-income countries.

○ More than 50 million people have epilepsy worldwide.

○ It is estimated that there are globally 47.5 million people with dementia with 7.7

million new cases every year. Alzheimer's disease is the most common cause of

dementia and may contribute to 60–70 per cent of cases.

○ The prevalence of migraine is more than 10 per cent worldwide.

Major Findings

● Neurological disorders contributed 10 per cent of the total disease burden in India.

● High blood pressure, air pollution, dietary risks, high fasting plasma glucose and high

body-mass index (BMI) were found to be the leading contributors among the known

risk factors for neurological disorders burden.

● The burden of many neurological disorders vary substantially across the States.

● In 2019, the largest contributors to the total neurological disorder DALYs (disability

adjusted life-years) in India were stroke (37.9 per cent), headache disorders (17.5 per

cent), epilepsy (11.3 per cent), cerebral palsy (5.7 per cent), and encephalitis (5.3% per

cent).

● While communicable diseases contributed to the majority of total neurological

disorders burden in children younger than five years, non-communicable neurological

disorders were the highest contributor in all other age groups.

● Contribution of non-communicable and injury-related neurological disorder to the total

disease burden has more than doubled between 1990 and 2019.

○ The burden of non-communicable neurological disorders was increasing in the

country, mainly due to the ageing of the population.

● While the burden of communicable neurological disorders has fallen in India, this

burden is higher in less developed States.

● On the other hand, the burden of injury related neurological disorders related to injury

is higher in more developed States.

● Among non-communicable neurological disorders, stroke is the third leading cause of

death in India and dementia is the fastest growing neurological disorder.

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(Image Courtesy: Lancet)

Recommendations

● Several government policies and initiatives are in place to address the burden of

neurological disorders across India, however, more focused efforts are required for the

planning of specific neurology services in each State.

○ Related Government Initiatives

■ Rashtriya Bal Swasthya Karyakram

■ Ayushman Bharat-Pradhan Mantri Jan Arogya Yojana

■ National Programme for Health Care of the Elderly

■ Janani Surakhya Yojana and Janani Shishu Suraksha Karyakram

■ National Programme for Prevention and Management of Trauma and

Burn Injuries, etc.

● Prevention and early management which are key in reduction in neurological burden.

○ On the prevention side, simple lifestyle modifications like a healthy diet, healthy

oils, no smoking, blood pressure control, avoiding refined foods, staying

physically active, reducing stress etc. can be done

○ Early treatment can save irreversible damage be it from stroke, epilepsy, status

epilepticus etc as time is crucial, with neurons (nerve cells) once lost do not

replenish and regain function again.

● There is a need to address the shortage of trained neurology workforce and strengthen

early detection and cost-effective management of neurological disorders in the country

to deal with their growing burden.

Source: TH

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Facts in News

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Ultraviolet-C

Technology

Recently, it has been decided that Ultraviolet-C (UV-C) air duct

disinfection systems would be installed in Parliament for

mitigation of Covid-19.

● It was developed by the Council Of Scientific And

Industrial Research-Central Scientific Instruments

Organisation (CSIR-CSIO).

● It is designed to fit into any existing air-ducts and the

virucidal dosages using UV-C intensity and residence

time can be optimised according to the existing space.

● The virus is deactivated in any aerosol particles by the

calibrated levels of UV-C light.

○ Research has proved that UV-C radiation can

destroy the outer protein coating of Covid-19 and

is effective in inactivating the replication.

● UV-C radiation has been used to disinfect the air in

hospitals, laboratories and also in water treatment, but

these conventional germicidal treatments are done in

unoccupied rooms as they can cause health problems.

● Ultraviolet Light

○ It is a type of light or radiation naturally emitted by

the Sun and covers a wavelength range of 100-400

nm (human visible light ranges from 380–700 nm).

○ UV is divided into three bands:

■ UV-C (100-280 nm): UV-C radiation from

man-made sources has been known to

cause skin burns and eye injuries.

■ UV-B (280-315 nm): Can only reach the

outer layer of skin or epidermis and can

cause sunburns and are also associated with

skin cancer.

■ UV-A (315-400 nm): Can penetrate the

middle layer of skin or the dermis and can

cause aging of skin cells and indirect

damage to cells’ DNA.

○ UV-A and UV-B rays from the Sun are transmitted

through the atmosphere and all UV-C is filtered

by the ozone layer.

● Safety for Humans

○ The device was specifically developed to disinfect

non-living things and the operator must use

spectacles with UV-C radiation protection.

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○ However, few studies have shown that far-UVC

light (207–222 nm) does not harm mammalian

skin as it has a very limited range and cannot

penetrate through the outer dead-cell layer of

human skin or the tear layer in the eye.

21

Article 311 of the

Constitution

Recently, the Lt Governor of Jammu and Kashmir (J&K) has

dismissed 11 government employees for alleged terror links

under provisions of Article 311(2)(c) of the Constitution.

● Article 311 of the Constitution deals with ‘Dismissal,

removal or reduction in rank of persons employed in civil

capacities under the Union or a State’.

● Under Article 311(2), no civil servant can be “dismissed or

removed or reduced in rank except after an inquiry in

which he has been informed of the charges and given a

reasonable opportunity of being heard in respect of those

charges’’.

● Subsection (c) of the provision, however, says this clause

shall not apply “where the President or the Governor, as

the case may be, is satisfied that in the interest of the

security of the State it is not expedient to hold such

inquiry”.

○ The safeguard of an inquiry also does not apply

in cases of conviction on a criminal charge

[subsection (a)], or “where the authority…is

satisfied that for some reason, to be recorded by

that authority in writing, it is not reasonably

practicable to hold such inquiry” [subsection (b)].

● Section 126 of the constitution of the erstwhile state of

Jammu and Kashmir too, while providing safeguards to

civil servants/government employees like in Article 311 of

the Indian Constitution, laid down exceptions under

which a person could be dismissed without holding an

inquiry.

● The only available remedy to terminated employees is to

challenge the government’s decision in the High Court.

22

Kanwar Yatra

Recently, the Supreme Court (SC) has allowed Kanwar Yatra with

certain restrictions.

● It is a pilgrimage organised in the Hindu calendar month

of Shravana.

● Saffron-clad Shiva devotees generally walk barefoot with

pitchers of holy water from the Ganga or other holy

rivers.

○ In the Gangetic plains, the water is taken from

pilgrimage sites such as Haridwar, Gaumukh and

Gangotri in Uttarakhand, Sultanganj in Bihar and

Prayagraj, Ayodhya or Varanasi from Uttar

Pradesh.

● Devotees carry the pitchers of holy water on their

shoulders, balanced on decorated slings known as

Kanwars.

● The water is used by the pilgrims to worship Shivalingas

at shrines of importance.

● The first Kanwar yatra was believed to have been

undertaken by Parashuram, the renowned and loyal

devotee of Shiva.

● The Yatra follows some strict rules. Once the kanwar is

filled with holy water, the pitchers should never touch

the ground.

● An important festival with similarities to the Kanwar yatra

in North India, called the Kavadi festival, is celebrated in

Tamil Nadu, in which Lord Muruga is worshipped.

● Like all religious processions, it exerts tremendous

pressure on the law and order machinery and often

causes breakdowns.

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(Image Courtesy: IE)

24

National AYUSH Mission (NAM)

Recently, the Union Cabinet has approved the continuation of the

National AYUSH Mission (NAM) as a Centrally Sponsored

Scheme from 1st April 2021 to 31st March 2026.

About

● In the year 2020, the Union Cabinet has approved the

proposal to operationalise AYUSH HWCs through

States/UTs under the National AYUSH Mission (NAM)

in a phased manner by 2023-24.

● The setting up of AYUSH Hospitals and Dispensaries

comes under the purview of respective State/UT

Governments because Public Health is a State subject.

National Ayush Mission (NAM)

● It is a flagship scheme of the Ministry of AYUSH approved

and notified in 2014.

● It is a centrally sponsored scheme for the development

and promotion of the AYUSH system of medicine

including Homoeopathy.

● Under this, the grant-in-aid is being provided to State/UT

Governments for the development and promotion of

AYUSH as per their proposed State Annual Action Plans

(SAAPs)

● Aims and Objectives: It will create community awareness

about lifestyle, diet, Yoga, medicinal plants and provision

of medicines for selected conditions as per the strength of

AYUSH systems.

○ Upgradation of existing AYUSH dispensaries and

Sub Health Centres.

○ To Enhance accessibility to achieve universal

health coverage for affordable treatment.

○ To reduce the burden on secondary and tertiary

health care facilities

○ To reduce out of pocket expenditure due to the

self-care model.

○ To Integrate AYUSH in the implementation of SDG

3, as mandated by NITI Aayog

○ To Ensure a holistic wellness model in target areas.

Expected outcomes of National AYUSH Mission

● Better access to AYUSH healthcare services through

increased healthcare facilities offering AYUSH services

and better availability of medicines and trained

manpower.

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● Improvement in AYUSH education through a well-

equipped enhanced number of AYUSH Educational

institutions.

● To focus on reducing communicable/non-communicable

diseases through targeted public health programmes

using AYUSH systems of Healthcare.

Rebate of State and Central Taxes and Levies (RoSCTL) Scheme

Recently, the Government of India approved the extension of the

RoSCTL scheme for textiles exporters.

About ● The scheme will continue till March 2024. ● Notified by: Ministry of Textiles in 2019 ● Revised guidelines prepared by the Ministry of Textiles in

consultation with the Department of Revenue. ● Duty Credit Scrip

○ Issued to exporters for the value of embedded taxes and levies contained in the exported product.

○ Exporters can use this scrip to pay basic customs duty for the import of equipment, machinery or any other input.

○ These scrips are tradeable. ● Benefits:

○ It will enhance the competitiveness of the labour-intensive textiles sector.

○ Garment exporters will continue to get a rebate on Central and State taxes on their outward shipments.

○ It will help boost exports and job creation. ● The sectors covered will not get benefits under the

Remission of Duties and Taxes on Exported Products (RoDTEP) scheme.