25 February 2023

DAILY CURRENT AFFAIRS ANALYSIS

1 – Menstrual Leave Policy: GS II – Topic Government Policies and Interventions:

Context:

• While being a biological occurrence, menstrual pain may nevertheless act as a “disincentive” for employers to hire women, according to the Supreme Court’s ruling on February 24.

What is the process for maternity leave?

• Students typically need to have at least 75% attendance each semester in order to sit for the exams. The state will now grant female students an extra 2% off.
• This shows that female students who maintain a 73% attendance rate are eligible to take their exams.

What makes this activity crucial?

• The nation’s first “feminist choice for university-college students” has been hailed as a result of this initiative.
• Period leave would improve inclusion and tolerance in the classroom and at employment.
• This would boost the proportion of working women and encourage girls to pursue higher education.

Have similar activities since occurred?

• The Bihar government introduced period leave for working women in 1992.
• The Menstrual Hygiene Scheme of the Health Ministry, which was introduced in 2011, sought to expand the availability of sanitary napkins for rural girls.
• The Arunachal Pradesh Legislature first tabled the Menstruation Benefits Bill in 2017. It was brought up once more in 2022. The Bill was dropped because it was determined that the subject was “unsuitable” for discussion in the “holy” institution.

What are the concerns?

• Although this is a kind gesture, the fact that menstruation is taboo in India raises questions. In this case, the word “leave” could readily be used to justify discrimination.
• For instance, in countries like Japan and South Korea, there exist laws allowing for time off. Yet, according to surveys, the number of women utilising it is declining because to concerns about social stigma.
• Another concern is the potential medicalization of a typical biological process. This might also exacerbate existing gender biases.
• Businesses can be less willing to hire women due to worries about the productivity and financial costs of missed periods.

How do we go about it?

• Even though this menstrual break solely pertains to women and excludes other persons who menstruate, it is still a wise decision. It has sparked a more serious discussion about a sensitive topic.
• Given the level of stigma that currently surrounds the topic, it is imperative to keep up the conversation on menstruation hygiene. To achieve gender justice and equality, the government must overcome a number of obstacles, including this one.
• Students in Kerala are now demanding that the period leave be taken into account going forward while determining internal marks. In addition to internal points, a student earns two marks for participation in class. This is given to students who have between 75 and 85% attendance.
• The government would also be wise to extend the benefit to transgender children.
• Extending the advantages of paid time off to working women would be a major step in meeting the needs of so many.

Conclusion:

• The most recent Kerala ruling is a positive step towards gender equality and justice. Yet there’s still a taboo issue that needs to be solved. It would be preferable to make the advantages available to everyone who menstruates.

 Source The Hindu

2 – India EU Free Trade Pact: GS II – Topic International Relations:

Context:

• According to Union Commerce Minister Piyush Goyal, negotiations for a free trade agreement (FTA) with the 27-nation union will require more time.
• Speaking at the Technotex conference in this city, which was put on by the business association FICCI, Mr. Goyal said that the EU and two to three other countries are currently engaged in active negotiations for FTAs.
• Despite the government’s excellent attempts to entice foreign investors, they have faced a number of regulatory challenges in India.
• Investors filed a lawsuit against India: Many international companies have sued India to compel India to uphold the rights outlined in the bilateral investment treaties, including Vodafone, Cairn Energy, Nissan, White Industries, Telenor, Nokia, and Vedanta (BITs). This is the main justification behind the EU’s desire for an IPA with India.
• EU investors are still protected by Indian law despite India’s history of unilaterally altering the law. Nonetheless, it is conceivable to unilaterally change Indian law to the harm of the investor.
• lengthy legal process Indian courts agonisingly drag out the decision-making process. The yearning for protection under international law arises from this.

What challenges must be overcome before the INDIA-EU Treaty is signed?

• Non-justiciable tax regulations: India aims to push taxation policies outside the scope of the treaty by making tax-related regulatory measures non-justiciable. The EU finds it challenging to accept this proposal in light of India’s recent experience of tax-related investment challenges with Vodafone, Cairn Energy, and Nissan.
• judicial system with two levels: The EU’s investment plan for India proposes for the formation of a two-tier court-like framework with an appellate procedure and tenured judges to resolve treaty disputes between investors and the state.
• EU’s advice for MIC This notion is related to the EU’s support on a global scale for the creation of a multilateral investment court (MIC), for which discussions are now taking place at the United Nations Commission on International Trade Law (UNCITRAL). The MIC seeks to solve several issues with the current investor-state dispute settlement system, which is centred on arbitration.
• India’s view regarding the establishment of a system equivalent to an investment court is uncertain. India hasn’t formally taken part in the UNCITRAL deliberations to establish a MIC.

What is the issue with MFN and FET?

• EU wants MFN status: The EU’s investment plan contains a most-favorable-nation (MFN) clause to make sure that EU investors do not experience discrimination in contrast to other foreign investors.
• Since it worries that foreign investors would use the MFN clause to engage in disruptive treaty shopping, India is opposed to incorporating it. India is opposed to having the MFN clause in its investment treaties, on the other hand. Such disruptive treaty shopping can be avoided by negotiating for a qualified MFN provision rather than completely excluding it.
• Provision for fair and equitable treatment (FET) This clause is present in the EU investment proposal but not in the Indian 2016 Model BIT.

Why is IPA required at this point?

• The amount of FDI is decreasing: For the last ten years, FDI to India has decreased to a level of only 2% of GDP. While increasing from €63.7 billion in 2017 to €87.3 billion in 2020, the EU’s share of foreign investments in India is still far lower than its share of investments in China (€201.2 billion) or Brazil (€263.4 billion).
• BIT terminations have a negative impact. Several analyses show that India’s unilateral decision to end BITs has had a negative impact on FDI inflows into India.
• India requires the IPA with the EU to bring in FDI in order to meet the aspirational milestone of having a $10 trillion GDP by 2030.

Conclusion:

• India must handle its own business. Also, the Parliament’s standing committee on foreign affairs has encouraged India to reevaluate the 2016 Model BIT.

 Source  The Hindu

3 – MGNREGA: GS II – Topic Government Policies and Interventions:

Context:

• According to the Economic Report 2022-23, which was published on January 31—the day before the Union Budget—6.49 crore households requested employment through the Mahatma Gandhi National Rural Employment Guarantee Program (MGNREGS). 6.48 crore of them received job offers from the government, and 5.7 crore of those households accepted them. The poll concluded that the system had a positive impact on household income, agriculture productivity, and production-related expenses. It was stated that this helped with “income diversification and strengthening rural livelihoods.”

 About MGNREGA:

• About: In 2005, the Ministry of Rural Development launched MGNREGA, one of the world’s largest labour guarantee programmes.
• The basic objective of the programme is to offer every adult resident of a rural home who is willing to engage in unskilled physical labour for the benefit of the public 100 days of guaranteed work per fiscal year.
• As of 2022-2023, 15.4 crore people are MGNREGA-eligible workers.
• Lawful Ability to Work: This act uses a rights-based framework, in contrast to earlier employment guarantee programmes, to address the underlying causes of chronic poverty.
• At least one-third of the recipients must be women.
• The Minimum Wages Act of 1948 mandates that salaries be paid in accordance with the state’s statutory minimum wages for agricultural labourers.
• Demand-Driven Strategy The MGNREGA’s design’s most important feature is its legally supported demand that any rural adult find employment within 15 days of applying; if this is not the case, a “unemployment allowance” must be supplied.
• Worker self-selection is possible under the demand-driven system.
• Decentralized preparation There is an emphasis on deepening the decentralisation process by giving Panchayati Raj Institutions (PRIs) a substantial role in organising and carrying out these initiatives.
• According to the law, Gram Sabhas must recommend projects to be taken on and must execute at least half of those projects.

What Issues Arise in the Implementation of the Scheme?

• Delay and Insufficiency in Funds Disbursement: The MGNREGA mandate that wages be paid within 15 days has not been met by the majority of states. Moreover, employees are not compensated for late wage payments.
• The programme has consequently became supply-based, and employees have begun to lose interest in working for it.
• There is currently no lack of evidence to support the claim that financial shortfalls are the root cause of wage payment delays, including a statement from the Ministry of Finance.
• Separation based on caste: By caste, the delays varied greatly. While just 26% of payments for non-SC/ST employees were completed within the necessary seven days, 46% of payments for SC (Scheduled Caste) employees and 37% of payments for ST (Scheduled Tribes) employees were.
• Caste-based segregation had a negative impact that was most noticeable in underdeveloped States like West Bengal, Madhya Pradesh, Jharkhand, and Odisha.
• Ineffective PRI role: Grame panchayats are unable to effectively and timely implement this act because of their restricted authority.

Source The Hindu

4 – Cyberattacks: GS III – Topic Science and Technology:

Context:

• Over the past few weeks, our rapidly expanding digital networks’ fragile underbelly has come to light. The first ransomware attack on servers was directed at the All India Institute of Medical Sciences, a prestigious university in India. When the systems finally went online more than two weeks later, over 40 million health records were impacted. Soon after, the ransomware organisation BlackCat broke into the parent company of Solar Industries Ltd, one of the Ministry of Defence’s munitions and explosives suppliers, and stole over 2 Terabyte of data.

 About:

• Cyberattacks are unauthorised attempts to access computer systems without authorization in order to steal, expose, modify, disable, or destroy data.
• Such attacks are typically carried out by ransomware-seeking organisations to stop networks from functioning after encrypting data. Demands are addressed to organisations, frequently negotiated, and then paid without informing law enforcement.
• Cyberterrorism: It is generally characterised as any premeditated, politically motivated attack against information systems, programmes and data that threatens violence or results in violence.

The surge of cyberattacks in India is due to:

• increasing reliance on technology As we develop more fast, more and more services are being transferred online to increase accessibility and usability.
• This propensity has the drawback of making such systems more vulnerable to hackers.
• For instance, there is fear over serious injury and loss if hackers are successful in breaking into a country’s nuclear, banking, or energy networks.
• The increased reliance on digital technology in the post-COVID era has revealed digital inequality that must be removed through enhancing competence.
• Terrorists use cutting-edge techniques to disseminate their message and incite hatred online.
• ineffectiveness of the law enforcement measures India’s approach to cyber security has so far been disorganised and haphazard.
• Even though there are several organisations, regulations, and programmes, their implementation has not been up to par.
• strained relations with China: China is one of the top nations in the world for information technology. So, it ought to be able to disable or partially interfere with information technology services in other nations.
• With the current border standoff and the violent clashes between their armies, it is expected that relations between the two countries would deteriorate to the point where they begin assaulting one other’s crucial information infrastructure.
• Covert and asymmetrical conflict: Cyberwarfare, in contrast to traditional conflict, which results in casualties and face-to-face confrontations, is covert and has the advantage of credible denial, which enables governments to deny involvement even after they are exposed.
• Similar to this, a small nation with advanced technology and skilled personnel can engage a more strong adversary without fear of suffering substantial losses.
• As a result, nation-to-nation conflict has increasingly moved online.
• Due to a lack of international coordination, there is a lack of global consensus and collaboration in this sector.
• An unsustainable online environment results from both the general public’s low level of digital literacy and the digital divisions across nations.
• It has been asserted on occasion that people are easily duped by click-baiting into reading information that frequently has virus attached to it.

Guidelines for minimising cyberattacks:

• Cyber readiness: Using this approach as a road map, institutes will be encouraged to increase their level of cyber readiness and will be able to develop their skills in a range of areas, including collaboration, accurate attribution, and forensics.
• Financial Preference: Several ministries must allocate considerable sums in order to make sure that cyber security measures don’t remain the lowest priority.
• The need for a national cyber security policy Businesses in all sectors should take note of this tragedy and tighten their cyber security procedures. Publicizing and promoting the national cyber security policy is also essential.
• increasing capability The National Critical Information Infrastructure Centre (NCIIPC) and CERTIn must become more capable in order to counter the increasingly complex threats and attacks. In addition, sectoral CERTs must be set up for a number of businesses, including the health industry.
• Cooperation between nations: International collaboration on countering cyberattacks needs to gain more clout outside of the GGE meetings, the 37-nation Counter Ransomware Initiative (CRI) sponsored by the US, and the European Union.

 Source The Hindu