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21 January 2023

21 January 2023

Highlights

  • Polity: SC Collegium reiterated its decision to appoint advocate Saurabh Kirpal as Delhi HC judge despite government objection citing his sexual orientation and his foreign partner.
  • Health: India's rural healthcare infrastructure has an 83.2 per cent shortage of surgeons at Community Health Centres and only 45 per cent of PHCs operate 24 hours a day.
  • Environment: Lantana camara has invaded 44 per cent of India's forests, directly threatening tiger and leopard prey.
  • Governance: Social media influencer endorsement guidelines made disclosure of material benefits mandatory, with penalties up to 50 lakh rupees.

1. SC Collegium reiterates Saurabh Kirpal's appointment

GS area: Polity (judiciary, fundamental rights)

The Supreme Court Collegium reiterated its recommendation to appoint Senior Advocate Saurabh Kirpal as a judge of the Delhi High Court, pushing back against the government's refusal to act on the original recommendation.

  • Government's objections: The government cited three concerns: Kirpal's sexual orientation (he is openly gay), his partner being a Swiss national (potential conflict of interest), and his social media posts critical of the government.
  • Collegium's response: Decriminalisation of same-sex relationships under Section 377 IPC was settled in Navtej Singh Johar (2018). Sexual orientation cannot be a basis for rejecting a candidate who meets merit, competence and integrity criteria. Free speech is a constitutional right.
  • Collegium system: The SC Collegium (Chief Justice plus four senior-most judges) recommends judicial appointments. If the government sends back a recommendation, the Collegium can reiterate it and the government is constitutionally bound to act.
  • Significance: First instance of the Collegium explicitly addressing sexual orientation as an objection. Tests whether the 2018 ruling's spirit extends to professional life.

Static linkage: Judiciary, fundamental rights (GS Paper 2).

2. Rural healthcare: the deficit picture

GS area: Health, Governance

Rural Health Statistics 2021-22 data revealed deep shortfalls in specialist availability at Community Health Centres and in round-the-clock primary care.

  • Specialist shortfalls at CHCs: Shortage of surgeons: 83.2 per cent. Shortage of obstetricians and gynaecologists: 74.2 per cent. These are the two specialities critical for maternal health.
  • 24/7 PHCs: Only 45 per cent of Primary Health Centres operate around the clock. The rest are limited to daytime hours, leaving rural patients without emergency access.
  • Functional CHCs: Of 5,480 Community Health Centres, only 541 have all four specialist categories. That is under 10 per cent.
  • Progress: The number of doctors at PHCs increased from 20,308 in 2005 to 30,640 in 2022, a 51 per cent improvement. But the base was too low for the rural population.
  • Schemes: Ayushman Bharat for health insurance coverage. PM Ayushman Bharat Health Infrastructure Mission (PM-ABHIM) for physical infrastructure. National Ambulance Service for emergency transport.

Static linkage: Health, social justice (GS Papers 2 and 3).

3. Invasive species in tiger habitats: Lantana crisis

GS area: Environment (biodiversity, invasive species)

A study in Kanha Tiger Reserve, Madhya Pradesh found that multiple invasive plant species together produce a magnified cumulative impact on native biodiversity, greater than any single species in isolation.

  • Lantana camara: An invasive shrub of Central American origin that has invaded 44 per cent of India's forests. It forms dense thickets that suppress native understorey plants.
  • Impact chain: Lantana reduces native forage plants. Herbivores move into marginal habitat. Their health declines and numbers fall. Tiger and leopard prey base collapses.
  • Other invasives: Parthenium hysterophorous (congress grass, highly allergenic), Prosopis juliflora (mesquite, invades dry forests and grasslands).
  • Management challenge: Lantana is nearly impossible to eradicate once established. Manual removal is labour-intensive and requires repeated follow-up.
  • National context: India has 108 national parks and 564 sanctuaries. Invasive species are among the top three threats to their biodiversity, alongside habitat loss and human-wildlife conflict.

Static linkage: Biodiversity, wildlife conservation (GS Paper 3).

4. Social media influencer guidelines

GS area: Governance, Consumer Protection

The Department for Consumer Affairs under the Ministry of Consumer Affairs issued guidelines requiring social media influencers to disclose material connections with brands.

  • Scope: Any individual with the ability to influence purchase decisions of an audience based on authority, knowledge or popularity qualifies as an influencer.
  • Mandatory disclosure: All monetary benefits, free products, discounts, trips and employment relationships must be disclosed at the time of promoting a product.
  • Penalty: Failure to disclose can result in a penalty of up to 50 lakh rupees under the Consumer Protection Act, 2019.
  • Legal framework: Consumer Protection Act, 2019 and the Guidelines for Prevention of Misleading Advertisements, 2022.
  • Scale: A study cited 34 per cent of Indian social media users as having made purchases based on influencer recommendations.

Static linkage: Consumer protection, governance (GS Paper 2).

5. AT1 bonds: Yes Bank write-off quashed

GS area: Economy (banking, financial markets)

The Bombay High Court quashed the write-off of 8,400 crore rupees in Additional Tier 1 (AT1) bonds issued by Yes Bank.

  • AT1 bonds: Also called perpetual bonds. Unsecured, rank below other creditors, and can be written down or converted to equity if the bank's capital ratio falls below a threshold. They are a Basel III capital instrument.
  • Yes Bank resolution (2020): Under RBI's Yes Bank reconstruction scheme, AT1 bond holders were written to zero, unlike other creditors. The court found this violated contractual terms.
  • SEBI's role: AT1 bonds are classified as debt securities traded in the secondary market. SEBI had separately tightened rules on retail investor access to AT1 bonds after the Yes Bank episode.
  • Basel III: The international regulatory framework for bank capital adequacy, liquidity and leverage ratios. AT1 bonds are one component of Additional Tier 1 capital.

Static linkage: Banking, financial markets (GS Paper 3).

6. Briefly noted

  • Kewda oil: Geographical Indication-registered product from Ganjam, Odisha. Extracted from the flowers of Pandanus fascicularis. Supports roughly 2 lakh people in the region's economy.
  • TB vaccine: BCG (Bacillus Calmette-Guérin) remains the only licensed tuberculosis vaccine. WHO established a TB Vaccine Accelerator Council to coordinate development of next-generation candidates.
  • Wayanad district: Became the first district in India to provide all tribal residents with Aadhaar, ration cards, and birth and death certificates, achieving complete documentation coverage.

Practice MCQs

Check yourself

With reference to the SC Collegium's recommendation of a judicial appointee, which of the following is correct?

Check yourself

Additional Tier 1 (AT1) bonds issued by banks are characterised by:

Check yourself

Consider the following statements about Lantana camara:

  1. It is a native Indian plant used in traditional medicine.
  2. It has invaded approximately 44 per cent of India's forests.
  3. It forms dense thickets that suppress native understorey plants.

Which of the statements given above is/are correct?

Check yourself

The Consumer Protection Act, 2019 provides penalties for misleading advertisements and undisclosed influencer promotions under which regulatory body?

Check yourself

India's Rural Health Statistics 2021-22 showed what proportion of Community Health Centres have all four specialist categories (surgeon, physician, gynaecologist, paediatrician)?