Karnataka law on SC/ST promotion quota upheld                                                    

Fani’s fury creates four new mouths in Odisha’s Chilika Lake                               

SC seeks Centre’s reply on content on streaming platforms                                  

Singapore reports first case of rare monkeypox virus                                             

US unveils strategy to detect and respond to health security threats globally     

‘India faces acute shortage of healthcare providers’ : WHO                                 

Karnataka law on SC/ST promotion quota upheld

GS PAPER - 02 GOVERNANCE - mechanisms, laws, institutions and Bodies constituted for the protection and betterment of these vulnerable sections.

Context :

• The Supreme Court has upheld the Constitutional validity of the Karnataka Extension of Consequential Seniority to Government Servants Promoted on the Basis of Reservation (to the Posts in the Civil Services of the State) Act 2018.

Karnataka Reservation Act 2018:

• According to this Act, employees belonging to SC/ST will get one-time promotion, and it was referred as a "catch-up" clause.

Background :

• In 2002, the Karnataka government enacted a very similar law. However, it faced a challenge to its constitutional validity. In 2006, a Constitutional Bench had upheld its validity, but raised the issue of availability of quantifiable data and asked the state to diligently collect data to determine backwardness of the SC/STs.

• In 2011 and 2017, the Act was again challenged.

• In 2017, the Supreme Court held that it was necessary for "the state to place material on record that there was compelling necessity for such exercise of such power and decision of the state was based on material including the study that overall efficiency is not compromised".

• Addressing this apex court observation, the Karnataka government appointed the then Chief Secretary K Ratna Prabha to head a committee for studying the backwardness and inadequacy of representation of SC/ST employees.

Ratna Prabha Committee report :

• On the basis of the Ratna Prabha Committee report, the Government of Karnataka introduced the Karnataka Extension of Consequential Seniority to Government Servants Promoted on the Basis of Reservation (to the Posts in the Civil Services of the State) Bill 2017 which received assent of the President on 14 June 2018 and was published in the official Gazette on 23 June 2018.

The Challenge :

• Various writ petitions were filed before the Supreme Court contending that the Reservation Act 2018 does not take away basis of the decision of this Court in B K Pavitra I and is ultra vires.

• It was urged that the Reservation Act 2018 is substantively the same as the Reservation Act 2002.

• It was also contended that the report of the Ratna Prabha Committee was not in compliance with principles laid down in constitution bench judgments in Nagaraj and Jarnail.

• The Ratna Prabha Committee report is flawed and does not establish inadequacy of representation and impact on administrative efficiency, it was submitted.

          SC Observation :

Validity of the assent by the president is non - justiciable :

•  Addressing one of the contention raised in the writ petition questioning the assent of the bill, the bench said

• Once the Bill (which led to the Reservation Act 2018) was reserved by the Governor for the consideration of the President, it was for the President to either grant or withhold assent to the Bill.

• The President having assented to the Bill, the requirements of Article 201 were fulfilled. The validity of the assent by the President is non-justiciable.

 Creamy layer and retrospectivity :

• The concept of creamy layer has no application in assessing the validity of the Reservation Act 2018 which is designed to protect consequential seniority upon promotion of persons belonging to the SCs and STs.

• Provisions in regard to retrospectivity in the Ratna Prabha Committee report are neither arbitrary nor unconstitutional, the bench held

State collected quantifiable data :

• The bench further observed that the state has studied in the present case the extent of reservation for SCs and STs in groups A to D, consisting of several cadres.

• Since, the group includes posts in all the cadres in that group, it can logically be presumed that the state has collected quantifiable data on the representation of SCs and STs in promotional posts in the cadres as well.

• The data submitted by the State of Karnataka indicates that if consequential seniority is not allowed, there would be under representation of the reserved categories.

• The Reservation Act 2018 has cured the deficiency which was noticed by B K Pavitra I in respect of the Reservation Act 2002.

• The Reservation Act 2018 does not amount to a usurpation of judicial power by the state legislature.

•  It is Nagaraj and Jarnail compliant. The Reservation Act 2018 is a valid exercise of the enabling power conferred by Article 16 (4A) of the Constitution.

                                                                                                                                  Source :- The Hindu

Fani’s fury creates four new mouths in Odisha’s Chilika Lake

GS PAPER - 03 ENVIRONMENT - Conservation, environmental pollution and degradation, environmental impact assessment

Context :

• The extremely severe cyclone, Fani, has created four new mouths in Chilika Lake.

More about the news:

• Earlier, Chilka lake had only two active mouths — the point where it meets the sea. However, in the aftermath of cyclone Fani, four new mouths have opened due to wave energy with high tidal prism.

• According to Chilika Development Authority (CDA) officials, due opening up of new mouths, sea water ingression would increase.

• This would consequently increase fish migration will increase and the biodiversity will get richer.

• Further, the officials have said that the increase in salinity would not affect the Irrawaddy dolphins.

                                                                                                                                  Source :- The Hindu  

SC seeks Centre’s reply on content on streaming platforms

GS PAPER - 02 GOVERNANCE - Important aspects of governance, transparency and accountability, e-governance- applications, models, successes, limitations, and potential; citizens charters, transparency & accountability and institutional and other measures.

Context :

• Supreme Court has issued a notice to Centre to regulate the content featured on Online streaming Platform platforms like Netflix, Amazon Prime and Hotstar.

Background:

• The appeal has been filed against the decision of the Delhi High Court, which had dismissed the Public Interest Litigation seeking formulation of guidelines for the regulation of content on online streaming platforms such as Netflix, Amazon Prime etc.

• The PIL was filed by the NGO Justice for Rights Foundation,represented by Advocate Harpreet Singh Hora.

• The appeal filed by the NGO in the Supreme Court claims that the said platforms are not only displaying unlicensed, unregulated and uncertified content, but also running without being governed by any guidelines.

Need of Regulation :

• Due to lack of regulation for the web-exclusive content, the platforms were telecasting shows full of 'vulgarity, religiously forbidden and morally unethical'.

• The content of several shows on the online platform violated provisions of the Indian Penal code (IPC) and the Information Technology Act.

• Due to lack or absence of any guidelines to govern the online platforms, government agencies are creating a special class of broadcasters and discriminating against customers, Cable TV producers, and D2H operators.

• There is a need of Such content must be certified by a certifying body as the content on these web platforms is broadcasted for consumption of general public.

                                                                                                                           Source :- The Hindu

Sand, a global sustainability challenge: UN report

GS PAPER - 03 ENVIRONMENT  - Conservation, environmental pollution and degradation, environmental impact assessment

 Context :

• United Nations Environment Programme (UNEP) has recently released a report on sand mining and its consumption.

• The report published with title - Sand and sustainability: Finding new solutions for environmental governance of global sand resources

Key Findings :

• UNEP report on sand resources indicates that global demand for sand and gravel is at 40 to 50 billion tonnes per year.

• It also highlights the issues caused by illegal sand mining from rivers such as flooding, rising level of pollution, lowering of water aquifers and worse drought occurrences.

• It emphasises on the changing pattern of sand consumption, demand and role in growing population.

• Report informs that sand and gravel are the second largest natural resources extracted after water but least regulated.

• UNEP declares it one of the major sustainability challenges of the century.

• A growing trend of irresponsible and illegal extraction in marine, coastal and freshwater ecosystems makes this a sustainability challenge of significant proportions.

• China and India head the list of critical hotspots for sand extraction impacts in rivers, lakes and on coastlines, most likely because these countries also lead globally on infrastructure and construction.

Concern :

• Their extraction often results in river and coastal erosion and threats to freshwater and marine fisheries and aquatic ecosystems, instability of river banks leading to increased flooding, and lowering of ground water levels.

• Most large rivers of the world have lost between half and 95% of their natural sand and gravel delivery to ocean the report says.

• The damming of rivers for hydro-electricity production or irrigation is reducing the amount of sediment flowing downstream.

• This broken replenishment system exacerbates pressures on beaches already threatened by sea level rise and intensity of storm-waves induced by climate change, as well as coastal developments.

• There are also indirect consequences, like loss of local livelihoods — an ironic example is that construction in tourist destinations can lead to depletion of natural sand in the area, thereby making those very places unattractive — and safety risks for workers where the industry is not regulated.

India stand :

• Two thirds of global cement production occurs in China (58.5%) and India (6.6%), as per United States Geological Survey.

• China stands out for aggregates production at 14.3 tonnes/capita per year. In total, China, India and Asia represent 67% of global aggregates production.

• Social and environmental impacts have been reported in India, China, and other locations across Asia, Africa and South America.

• Permeable pavements are used in cities around the world, particularly in new cities projects in China and India to reduce surface water runoff volumes and rates by allowing water to infiltrate soil rapidly, helping to reduce flooding while replenishing groundwater reserves.

Recommendations:

• Improving sustainable consumption and production of sand resources does not imply waiting for new global laws or rules to enable international cooperation.

• A hierarchy of three major strategies emerged that could lay new foundations for improved governance of sand resources in 2019 and thereafter:

  • Avoiding unnecessary natural sand consumption in construction;

  • Using alternative materials to replace natural sand in construction; and

  • Reducing sand extraction impacts with existing standards and best practices.

                                                                                                                            Source :- The Hindu

Singapore reports first case of rare monkeypox virus

GS PAPER - 02 GOVERNANCE - Issues related to health

Context :

• Singapore recently reported the first ever case of the Monkeypox Virus, a rare virus similar to the human smallpox.

MonkeyPox virus :

• Monkeypox virus (MPXV) is an orthopoxvirus that causes a viral disease with symptoms in humans similar, but milder, to those seen in smallpox patients.

• Human monkeypox is endemic in villages of Central and West Africa.

• The occurrence of cases is often found close to tropical rainforests where there is frequent contact with infected animals.

• There is no evidence to date that person-to-person transmission alone can sustain monkeypox in the human population.

• Typically, case fatality in monkeypox outbreaks has been between 1% and 10%, with most deaths occurring in younger age groups.

Transmission :

• Monkeypox is a rare viral zoonosis (a virus transmitted to humans from animals)

• Infection of index cases results from direct contact with the blood, bodily fluids, or cutaneous or mucosal lesions of infected animals.

• It is mostly transmitted to people from various wild animals such as rodents and primates, but has limited secondary spread through human-to-human transmission.

Treatment :

• There is no specific treatment or vaccine available although prior smallpox vaccination was highly effective in preventing monkeypox as well.

                                                                                                                             Source :- The Hindu

US unveils strategy to detect and respond to health security threats globally

GS PAPER - 02 GOVERNANCE - Issues related to Health

Context :

• The U.S. government unveils Global Health Security Strategy.

Global Health Security Strategy :

• It defines the actions the administration will take by adopting a whole-of-government approach to health security and leveraging the strengths of different federal departments, agencies and funding streams

• It is a first of its kind strategy to prevent,detect and respond to biological threats from infectious diseases occurring naturally or accidentally in an effort to help improve the world’s ability to stop deadly outbreaks before they spread between countries.

• The strategy outlines a coordinated US approach that focuses on three interrelated goals:

  • strengthen partner country global health security capacities,

  • increase international support for global health security and

  • A homeland prepared and resilient against global health threats.

• Under the new Strategy, the country will work to ensure that every partner country has a plan to achieve self-reliance in the critical area of health security.

• Nations, international organizations and the private sector established the Global Health Security Agenda, laying out specific targets to reduce infectious disease threats

• Under the new strategy, the Centre for Disease Control (CDC) will increase its ability to monitor threats globally from headquarters and provide rapid response through deployment of staff across the agency.

• CDC has developed the Global Emergency Alert and Response Service to do that.

                                                                                                                     Source :- Business Standard

‘India faces acute shortage of healthcare providers’ : WHO

GS PAPER - 02 GOVERNANCE - Issues relating to development and management of Social Sector/Services relating to Health, Education, Human Resources.

Context :

• A World Health Organisation database has put India into the “critical shortage of healthcare providers” category.

critical shortage of healthcare providers” category:

• Despite the health sector employing five million workers, India continues to have low density of health professionals.

• India faces the problem of acute shortages and inequitable distributions of skilled health workers as have many other low- and middle-income countries.

• The figures for India are lower than those of Sri Lanka, China, Thailand, United Kingdom and Brazil, according to a WHO database.

• This workforce statistic has put the country into the “critical shortage of healthcare providers” category.

• Bihar, Jharkhand, Uttar Pradesh and Rajasthan are the worst hit while Delhi, Kerala, Punjab and Gujarat compare favorably.

• The health workforce in India comprises broadly eight categories, namely: doctors (allopathic, alternative medicine); nursing and midwifery professionals; public health professionals (medical, non-medical); pharmacists; dentists; paramedical workers (allied health professionals); grass-root workers (frontline workers); and support staff.

• Government statistics for 2008, based on vacancies in sanctioned posts showed 18% of primary health centres were without a doctor, about 38% were without a laboratory technician and 16% were without a pharmacist.

Way Forward :

• The need of the hour is to design courses for different categories of non-physician care providers.Competencies (and not qualification alone) should be valued and reform must be brought in regulatory structures to provide flexibility for innovations.

                                                                                                                                                      Source :- The Hindu

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