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Journalism of Courage
The Indian Express’ UPSC weekly news express covers some of the most important topics of current affairs news from this week to help you prepare for UPSC-CSE. Try out the MCQs, Points to ponder and check your answers provided towards the end of the article.
‘Two-finger test’ on rape victims
Syllabus:
Preliminary Examination: Economic and Social Development-Sustainable Development, Poverty, Inclusion, Demographics, Social Sector Initiatives, etc.
Mains Examination: General Studies I: Social empowerment
Why in news?
—The ‘two-finger test’ on alleged rape victims is regressive, has no scientific basis, and is an affront to the dignity of women, the Supreme Court said Monday, as it declared that those found indulging in the practice will be guilty of misconduct.
KEY TAKEAWAYS
—The so-called two-finger test or per vaginum examination is conducted on alleged victims of sexual assault and rape to determine whether they are habituated to sexual intercourse.
—This is not the first time the SC has expressed its disapproval with the two-finger test. The Centre’s guidelines on examining victims of sexual assault also forbid it, but the practice continues.
What is the ‘two-finger test’?
—A woman who has been sexually assaulted undergoes a medical examination for ascertaining her health and medical needs, collection of evidence, etc.
—The two-finger test, carried out by a medical practitioner, involves the examination of her vagina to check if she is habituated to sexual intercourse. The practice is unscientific and does not provide any definite information. Moreover, such ‘information’ has no bearing on an allegation of rape.
—A handbook released by the World Health Organization (WHO) on dealing with sexual assault victims says, “There is no place for virginity (or ‘two-finger’) testing; it has no scientific validity.”
—Saying it was “regrettable” that the practice was still followed, the SC stated, “Whether a woman is ‘habituated to sexual intercourse’ or ‘habitual to sexual intercourse’ is irrelevant for the purposes of determining whether the ingredients of Section 375 (rape) of the IPC are present in a particular case.”
The SC’s earlier comments on the test
—In May 2013, the apex court had held that the two-finger test violates a woman’s right to privacy and asked the government to provide better medical procedures to confirm sexual assault.
—A bench of Justices BS Chauhan and FMI Kalifulla held that even if a woman is “habituated” to sexual intercourse, that cannot give rise to the presumption of consent in the particular case.
—Invoking the International Covenant on Economic, Social, and Cultural Rights 1966 and the UN Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power 1985, the apex court said rape survivors are entitled to legal recourse that does not re-traumatize them or violate their physical or mental integrity and dignity.
What the government’s guidelines say
—In 2014, the Union health ministry released a document titled ‘GUIDELINES & PROTOCOLS Medico-legal care for survivors/victims of sexual violence.
—The guidelines are clear about the two-finger test, saying, “Per-Vaginum examination commonly referred to by lay persons as ‘two-finger test’, must not be conducted for establishing rape/sexual violence and the size of the vaginal introitus [opening] has no bearing on a case of sexual violence. Per vaginum examination can be done only in adult women when medically indicated.”
—In fact, the guidelines state that a rape victim’s consent (or her guardian’s, if she is minor/mentally disabled) is necessary for any medical examination. Even if consent is not provided, the victim cannot be denied medical treatment.
—However, these are guidelines and are not legally binding.
Other recent attempts to stop the ‘two-finger test’
—In April this year, the Madras High Court directed the state to ban the two-finger test. The bench of Justices R Subramanian and N Sathish Kumar observed that despite the SC’s 2013 observations, the test is being conducted, even on minors.
—In August this year, the National Medical Commission (NMC), the country’s top medical education regulator, modified modules for forensic medicine, including guidelines about the two-finger test. The modified module on virginity test states that students will be trained on “how to apprise courts about unscientific basis of these tests if court orders it”.
Point to ponder: ‘Two-finger test’ in rape cases is offensive to the dignity of women but a stringent legislature alone cannot fix it. Comment.
1. MCQ:
Which of the following statements is/are correct with respect to the union health ministry’s document titled ‘GUIDELINES & PROTOCOLS Medico-legal care for survivors/victims of sexual violence’.
1. Union Health Ministry brought out detailed guidelines for the medical examination of victims of sexual assault in early 2014 after the 2013 Justice Verma Committee report.
2. These guidelines are not legally binding.
a) Both 1 and 2 b) Only 1
c) Only 2 d) Neither 1 nor 2
Syllabus:
Preliminary Examination: General issues on Environmental ecology, Bio-diversity and Climate Change
Mains Examination: General Studies III: Conservation, environmental pollution and degradation, environmental impact assessment.
Why in news?
—The haze and smoke over Delhi, which has become an annual event for about three weeks in October-November, has triggered a temporary ban on construction activities and the movement of trucks and diesel four-wheelers that do not comply with BS-VI norms.
—The Supreme Court will hear a petition on agricultural stubble burning in the northern states, considered the prime reason for the extremely bad air quality in Delhi-NCR.
KEY TAKEAWAYS
Is agricultural burning the main culprit?
—At this time of the year, the burning of agricultural waste in Punjab and Haryana is indeed the dominant reason for the smoke and haze over Delhi. The particulate matter from the burning contributes 30-40% of the PM2.5 concentrations in Delhi’s air during this time. It is the single largest source of PM 2.5 levels on most days during this period.
—The reason is the weather, or rather, heat. Hotter air rises higher above the surface and takes the pollutants along with it. The polluting particles are lifted 2-3 km above the surface or even higher, before getting dispersed.
—During October-November, however, the air is not that hot. The pollutants are trapped and tend to get concentrated at lower levels of the atmosphere, resulting in the smoke and haze situation that is being witnessed now.
But why is agricultural waste burned?
—This waste is the remains of the paddy crop after it has been harvested. This kind of burning is not specific only to Punjab or Haryana. However, the scale of burning in these states is much bigger than elsewhere.
—Even in these states, this practice is relatively new. Even 10 years ago, the crop-burning problem was not this acute.
—The burning is necessitated by the need to prepare the fields for the next crop in a very short window of time. Due to a slight shift in the cropping pattern in these states, there is now very little time between the harvesting of one crop and the planting of the next crop.
—The traditional method of manually uprooting, or cutting, the stumps of the previous crop is time-consuming, and can delay the sowing of the next crop. So farmers resort to the easier option of burning these remains.
So is there no remedy for this situation?
—Several solutions have been suggested, and are being tried. These include suggestions to change the crop cycle, deployment of mechanised equipment for harvesting that would render burning unnecessary, and conversion of this waste into something more useful, like a source of energy, which can become an incentive for not burning.
—Hundreds of crores have been allocated in the last few years to buy the necessary equipment or to try out alternative methods of dealing with this problem. But clearly, these equipment and methods have not been deployed effectively.
Would the ban on construction and diesel vehicles work?
—Construction has a small contribution to PM2.5 concentration. The particles released from these activities are usually larger, and add to PM10 concentrations. The banning of construction, therefore, is unlikely to have any significant impact on the prevailing situation.
—Diesel vehicles, particularly older trucks, are indeed important contributors to high PM2.5 levels. And a ban on their movement can help in improving the situation somewhat.
—However trucks, which are the biggest generators of pollutants in the diesel vehicle segment, are not allowed to move inside Delhi during the day in any case. In fact, the movement of trucks only at night results in a significant variation in the PM2.5 levels between day and night times.
(source: The harvest of polluted air by Amitabh Sinha)
Point to ponder: Delhi’s air pollution is not a seasonal problem – it needs year-round solutions. Comment.
2. MCQ:
Acid rain is caused by the pollution of environment by (2013)
a) carbon dioxide and nitrogen
b) carbon monoxide and carbon dioxide
c) ozone and carbon dioxide
d) nitrous oxide and sulphur dioxide
How is the Governor appointed, and how can she/he be sacked?
Why in news?
—Dravida Munnetra Kazhagam (DMK) leader TR Baalu on Tuesday (November 1) urged “all like-minded MPs” to support a proposal to remove the Tamil Nadu governor, R N Ravi.
—The DMK’s call for removal comes when Governors in several non-BJP-ruled states, including Kerala and Punjab, have expressed disagreements with the government on various issues.
KEY TAKEAWAYS
Governor’s appointment, removal
—Under Articles 155 and 156 of the Constitution, a Governor is appointed by the President and holds office “during the pleasure of the President”. If this pleasure is withdrawn before the completion of the five-year term, the Governor has to step down. As the President works on the aid and advice of the Prime Minister and the council of ministers, in effect, the Governor can be appointed and removed by the central government.
—Thus, a Governor is a representative of the Union government in states. Article 163 of the Constitution says the Governor will normally be aided and advised by the Council of Ministers except in those functions which require his discretion.
—While the Governor’s duties and responsibilities lie in a particular state, there is no provision for impeaching the Governor.
Governor-state relations
—Although envisaged as an apolitical head who must act on the advice of the council of ministers, the Governor enjoys certain powers granted under the Constitution, such as giving or withholding assent to a Bill passed by the state legislature, assenting to the convening of the state legislative assembly, determining the time needed for a party to prove its majority, and which party must be called first do so, generally after a hung verdict in an election.
—All these powers have been flashpoints recently — to cite two instances, when the Maharashtra Governor had Devendra Fadnavis sworn in as the chief minister in 2019 amid a hung verdict, only for his government to fall in 80 hours; and when the Punjab Governor in September refused to allow a special session of the Assembly for a vote of confidence in the AAP government.
What happens in case of disagreements?
—There are no provisions laid down in the Constitution for the manner in which the Governor and the state must engage publicly when there is a difference of opinion. The management of differences has traditionally been guided by respect for each other’s boundaries.
What courts have said?
—Since the Governor holds office “on the pleasure of the President”, questions have been raised time and again on whether the Governor has any security of tenure, and if the President is obligated to show reasons for recalling a Governor.
—In Surya Narain Choudhary vs Union of India (1981), the Rajasthan High Court held that the pleasure of the President was not justiciable, the Governor had no security of tenure and can be removed at any time by the President withdrawing pleasure.
—In BP Singhal vs Union of India (2010), the Supreme Court elaborated on the pleasure doctrine. It upheld that “no limitations or restrictions are placed on the ‘at pleasure’ doctrine”, but that “does not dispense with the need for a cause for withdrawal of the pleasure”.
—This ruling had come in response to a PIL filed by BJP leader BP Singhal, who had challenged the removal of the Governors of Uttar Pradesh, Gujarat, Haryana and Goa on May 2, 2004 by the President on the advice of the newly formed UPA government.
—In its judgment, the Bench, while noting that the President can remove the Governor from office “at any time without assigning any reason and without giving any opportunity to show cause”, the power to remove can’t be exercised in an “arbitrary, capricious or unreasonable manner”.
“The power will have to be exercised in rare and exceptional circumstances for valid and compelling reasons… A Governor cannot be removed on the ground that he is out of sync with the policies and ideologies of the Union Government or the party in power at the Centre. Nor can he be removed on the ground that the Union Government has lost confidence in him,” the Bench ruled.
—The Bench held that the court will presume that the President had “compelling and valid” reasons for the removal but if a sacked Governor comes to the court, the Centre will have to justify its decision.
—After this, in 2014, when the BJP government came to power, it was claimed that the central government was pushing Governors to quit on their own, instead of recalling them. In August 2014, the Supreme Court agreed to examine a petition by then Uttarakhand governor Aziz Qureshi, challenging the NDA government’s push to make him quit the post.
What various commissions have said
—Over the years, several panels and commissions have recommended reforms in how Governors are appointed and how they function, such as the Administrative Reforms Commission of 1968, the Sarkaria Commission of 1988, and the National Commission to Review the Working of the Constitution, headed by retired CJI M N Venkachaliah, in 2001.
—The Sarkaria Commission had recommended that Governors are not sacked before completing their five-year tenure, except in “rare and compelling” circumstances. Recommendations have also been made for a provision to impeach the Governor by the Assembly. However, none of these have been implemented.
Point to ponder: State governments and governors have been at loggerheads for half a century. Comment.
3. MCQ:
Which of the following are the discretionary powers given to the Governor of a State?
Select the correct answer using the code given below.
a) 1 and 2 only
b) 1 and 3 only
c) 2, 3 and 4 only
d) 1, 2, 3 and 4
China’s Belt and Road initiative and India’s longstanding, consistent position
Syllabus:
Preliminary Examination: Current events of national and international importance.
Mains Examination: General Studies II: Bilateral, regional and global groupings and agreements involving India and/or affecting India’s Interests.
Why in news?
—External Affairs Minister S Jaishankar on Tuesday (November 1) told a virtual meeting of the Shanghai Cooperation Organisation (SCO) hosted by Chinese Premier Li Keqiang that “connectivity projects should respect the sovereignty and territorial integrity of Member States and respect international law”.
— Jaishankar’s statement is seen as a reference to the Belt and Road Initiative (BRI), a massive multinational, multi-modal connectivity infrastructure project promoted by China. India does not support the BRI, and has declined to join the project.
—A joint communique issued at the end of Tuesday’s meeting said Kazakhstan, Kyrgyz Republic, Pakistan, Russia, Tajikistan, and Uzbekistan reaffirmed their support for China’s BRI and to work jointly to implement the project.
KEY TAKEAWAYS
—The major reason India opposes BRI is because it passes through Indian territory that is illegally held by Pakistan.
—The arm of the BRI project that links mainland China to the Arabian Sea runs from Kashgar in China’s Xinjiang Uighur Autonomous Region to Gwadar port in southwestern Baluchistan in Pakistan. The project enters Indian territory occupied by Pakistan in Gilgit Baltistan, and traverses the entire length of Pakistan from north to south before reaching the Arabian Sea.
—This arm of the BRI is called the China-Pakistan Economic Corridor, or CPEC, and consists of multiple modern highway and railway projects. It involves the planned rebuilding and upgradation of Pakistan’s National Highway 35 — the Karakoram Highway or China-Pakistan Friendship Highway — that goes from the Khunjerab Pass on the Xinjiang border to Hasan Abdal to the northwest of Islamabad via Gilgit and Mansehra, and the upgradation of the highway that links Gilgit with Skardu to the north of the Line of Control (LoC).
—India has repeatedly voiced its concern and opposition to the CPEC, and flagged the violation of international law in its building by China and Pakistan.
* On May 13, 2017, the official spokesperson of the Ministry of External Affairs had said: “Regarding the so-called ‘China-Pakistan Economic Corridor’, which is being projected as the flagship project of the BRI/OBOR, the international community is well aware of India’s position. No country can accept a project that ignores its core concerns on sovereignty and territorial integrity.”
* In October 2021, speaking at the UN Sustainable Transport Conference hosted by Beijing, Priyanka Sohoni, Second Secretary at the Indian Embassy in China, said: “There have been some references to the Belt and Road Initiative or BRI at this conference. Here, I wish to say that as far as China’s BRI is concerned, we are uniquely affected by it. It’s inclusion of the so-called China Pakistan Economic Corridor (CPEC) as a flagship project impinges on India’s sovereignty.”
* In July 2022, India took note of reports about the participation of third countries in CPEC projects, and cautioned that “any such actions directly infringe on India’s sovereignty and territorial integrity”. MEA official spokesperson Arindam Bagchi said: “India firmly and consistently opposes projects in the so-called CPEC, which are in Indian territory that has been illegally occupied by Pakistan.”
* As far back as in 1994, India’s Parliament had resolved unanimously that the entire former princely state of Jammu and Kashmir belongs to India, and that India’s position has been clear and consistent in this regard. On March 11, 2020, the government told Parliament that India’s “consistent and principled position, as also enunciated in the Parliament resolution adopted unanimously by both Houses on 22 February 1994, is that the entire Union Territories of Jammu & Kashmir and Ladakh have been, are and shall be an integral part of India”.
Point to ponder: The G7’s infrastructure investment plan to counter China’s Belt and Road Initiative. How?
4. MCQ:
Consider the following statements about the Shanghai Cooperation Organisation:
Which of the above statement is/are correct?
a) 1 only
b) 2 only
c) Both 1 and 2
d) Neither 1 nor 2
Performing Grade Index
Syllabus:
Preliminary Examination: Economic and Social Development – Sustainable Development, Poverty, Inclusion, Demographics, Social Sector initiatives, etc.
Mains Examination: General Studies II: Issues relating to development and management of Social Sector/Services relating to Health, Education, Human Resources.
Why in news?
—Kerala, Punjab, Maharashtra, Gujarat, Rajasthan, and Andhra Pradesh have emerged as the best performers in school education across indicators such as learning outcomes, equity and infrastructure in the 2020-21 Performing Grade Index (PGI) of the Ministry of School Education.
KEY TAKEAWAYS
—It assesses states’ performance in school education.
—States are scored on a total of 1,000 points across 70 parameters, which are grouped under five broad categories: access (eg. enrolment ratio, transition rate and retention rate); governance and management; infrastructure; equity (difference in performance between scheduled caste students and general category students) and learning outcomes (average score in mathematics, science, languages and social science).
—States are graded and not ranked to discourage the practice of one improving only at the cost of others, “thereby casting a stigma of underperformance on the latter”.
—According to the government, the objective is to help the states prioritise areas for intervention in school education.
—The Education Ministry released the first PGI in 2019 for the reference year 2017-18.
—The PGI grading system has 10 levels. Level 1 indicates top-notch performance and a score between 951 and 1,000 points. Level II, also known as Grade 1++, indicates a score between 901 and 950. Those with Grade 1+ (or Level III) have scored between 851 and 900. The lowest is Grade VII, and it means a score between 0 and 550 points.
—It sourced data from NAS 2017 and UDISE 2020-21.
—6 states mentioned above and Chandigarh attain level-2. No state or UT attain level-1. Ladakh has significantly improved its performance in PGI. It has moved from Level 8 to Level 4 in 2020-21.
—The maximum and minimum scores obtained by the states in 2020-21 are 928 (Kerala, Maharashtra, Punjab) and 669 (Arunachal Pradesh), respectively.
—Last year, Punjab, Tamil Nadu, Kerala and the UTs of Andaman and Nicobar Islands and Chandigarh were on level-II, for which states/UTs need to score 901 or above out of 1,000. Gujarat, Rajasthan and Andhra Pradesh are the new entrants to level-II.
Point to ponder: What India’s education system needs ? Discuss.
5. MCQ:
With respect to Performing Grade Index, which of the following statements is/are true?
1. The Education Ministry releases Performing Grade Index for states’ performance in school education.
2. 6 states and 1 UT attain level-1 as per 2020-21 PGI.
a) Only 1 b) Only 2
c) Both 1 and 2 d) Neither 1 nor 2
Answers to the MCQs: 1 (a), 2 (d), 3 (b), 4 (a), 5 (a)
