Current Affairs – August 10, 2024

{GS2 – Governance – Issues} Malpractices in Organ Transplantation

• Context (TH): Plea in HC seeks CBI probe into alleged malpractices in organ transplantation.

• Common malpractices include:
  • Commercialization of organs: Illegal buying and selling of organs. Eg., Illegal organ trade networks.
  • Falsification of donor-recipient relationships: To circumvent legal restrictions. In 2018, a family in Chennai was accused of falsifying their relationship to a recipient.
  • Improper brain death determination: Hasty or inaccurate declaration of brain death to facilitate organ retrieval. In 2016, a family in Mumbai alleged that their loved one was prematurely declared brain-dead to facilitate organ retrieval.
  • Exploitation of poor and vulnerable: Inducements or coercion to obtain organs from impoverished individuals. In 2013, impoverished individuals from West Bengal were lured to foreign countries under false promises and forced to donate organs.
  • Violation of ethical guidelines: Non-adherence to medical and ethical standards during transplantation procedures. In 2015, a recipient in Delhi died following a kidney transplant procedure due to complications related to substandard medical care.

Causes of Malpractices

• Shortage of Organs: The acute shortage of organs creates a black market, leading to illegal practices.
• Poverty and Exploitation: Economic vulnerabilities make people targets for organ trafficking.
• Weak Regulatory Framework: Gaps in the legal framework and its implementation create loopholes.
• Lack of Awareness: Contribute to misconceptions and illegal activities.
• Commercialization of Healthcare: Lead to profit-driven decisions over ethical considerations.
• Corruption: Within the healthcare system facilitates illegal organ trade and transplantation.

Concerns and Challenges

• Organ Shortage: Lead to long wait times and high mortality rates for patients.
• Awareness and Education: Affect donor registration rates, with cultural and religious reservations also playing a role.
• Legal and Ethical Issues: Problems with organ trafficking and illegal trade have arisen, despite legal measures to address them, raising ethical concerns.
• Infrastructure and Logistics: Such as inadequate cold storage and inefficient transport, can delay or complicate organ delivery.
• Cost and Accessibility: The high cost can be prohibitive for many in lower-income areas, affecting access to necessary treatments.
• Post-Transplant Care and Compliance: Adherence to immunosuppressive medication and regular check-ups can be challenging due to high costs and logistical issues, impacting patient health.

Way Forward

• Comprehensive legislation: Implementing stricter laws to curb organ trafficking and ensure ethical practices.
• Dedicated organ transport corridors: Creating specialized routes for efficient organ transportation. Several states in India have initiated the development of green corridors for organ transport.

• Enhancing Public Awareness: Through awareness programs and campaigns through mass media.
• Real-time tracking: Implementing a centralized system to track organs from retrieval to transplantation.
• Ethical and Legal Framework: Imposing stringent penalties for violations of organ transplantation laws and developing clear ethical guidelines for all stakeholders involved in the process.

{GS2 – Governance – Laws} Waqf (Amendment) Bill, 2024

• Context (IE): A Bill to amend the 1995 Waqf Act and overhaul Waqf governance has been sent to a Joint Committee of Parliament after opposition protests.

What is a Waqf Property?

• A Waqf is a donation of personal property by Muslims for religious, charitable, or private purposes, with the ownership believed to belong to God.
• A Waqf can be established through a written document, spoken agreement, or if a property has been used for religious or charitable purposes over time.
• Once a property is declared as Waqf, its status changes permanently and cannot be reversed.

How is a Waqf Governed?

• Waqf properties are governed by the Waqf Act, of 1995, which replaced the Central Waqf Act, of 1954.
• The Act includes provisions for the constitution and appointment of Waqf Boards, Waqf Councils, and Chief Executive Officers in the states.
• Central Waqf Council (CWC): A statutory body established in 1964, oversees and advises state-level Waqf Boards across India.
• 2013 Amendment to Waqf Act 1995:
  • Authority to Waqf Boards to designate a property as Waqf.
  • Prescribed imprisonment of up to two years for encroachment on Waqf property
  • Explicitly prohibit the sale, gift, exchange, mortgage, or transfer of Waqf property.
• Management and Oversight:
  • Waqf properties are managed by a mutawalli (caretaker) and are overseen by a survey commissioner who maintains a list of all Waqf properties.
  • Disputes related to Waqf properties are resolved by a Waqf Tribunal constituted by the state government.
  • The Tribunal is constituted by the state government and comprises three members:
    1. Chairperson: State judicial officer with rank not below District Judge, Sessions Judge, or Civil Judge, Class I.
    2. Includes an officer from the State Civil Services.
    3. Person expert in Muslim Law and jurisprudence.

Functions of Waqf Boards

• Waqf Boards act as custodians of Waqf properties in their respective states.
• Composition: It is led by a chairperson and includes state government nominees, Muslim legislators and parliamentarians, Muslim members of the state Bar Council, Islamic scholars, and mutawallis of Waqfs with an income of Rs 1 lakh or more annually.
• Waqf Boards have the authority to recover lost properties and sanction the transfer of immovable Waqf property (e.g., by sale, gift, or lease). Such transfers require approval from at least two-thirds of the Waqf Board members.

Major changes proposed to the Waqf Act

• Name Change: The Bill proposes to rename the Waqf Act, 1995, to the Unified Waqf Management, Empowerment, Efficiency and Development Act, 1995.
• New Provisions Introduced:
  • Section 3A: No Waqf can be created unless the person is the lawful owner of the property and competent to transfer or dedicate it.
  • Section 3C (1): Government property, whether identified as Waqf before or after the Act, will not be considered Waqf property.
  • Section 3C (2): The Collector will decide if a disputed property is government land, not the Waqf Tribunal. Waqf cannot control the land until the government decides.
• The Bill grants the central government authority to direct audits of any Waqf at any time by an auditor appointed by the Comptroller and Auditor-General or another designated officer.
• The Bill aims to eliminate “Waqf by use,” requiring a valid Waqfnama (formal document) for a property to be recognized as Waqf.
• Waqf Board Composition: The Bill proposes changes to the composition of Waqf Boards, allowing a non-Muslim CEO and requiring at least two non-Muslim members on state Waqf Boards.

Need for the Waqf (Amendment) Bill, 2024

• Enhancing Transparency in Waqf Board operations, addressing concerns of corruption.
• Boosting Efficiency could significantly raise revenue, supported by better infrastructure, documentation, and a centralized database. The Sachar Committee reported that efficient management could increase the annual income from Rs 163 crore to Rs 12,000 crore for 4.9 lakh Waqf properties.
• Preventing Encroachment: Stricter regulations are introduced to combat encroachment and illegal transfers of Waqf properties.
• Improving Justice Delivery: The amendments simplify the tribunal system, reduce case backlogs, and enhance audit and financial accountability.
• Promoting Inclusiveness: Misuse of the ‘Waqf-al-Aulad’ provision denies inheritance rights to women and orphans in certain cases. The Bill addresses issues of inheritance rights for women and orphans and introduces women’s representation on Waqf Boards.
• Reducing Property Disputes: Clearer definitions and mandatory property verification aim to minimize disputes over Waqf land.

Controversies Surrounding the Waqf (Amendment) Bill, 2024

• Constitutional Concerns:
  • The Bill is seen as infringing on religious freedoms and the autonomy of Muslim institutions as guaranteed by Article 25 and Article 26.
  • Violates Article 14 (equality before the law) and undermines federalism by encroaching on state jurisdiction over land.
• Excessive Government Control over Waqf properties, disrupting liberalization and historical rights.
• Community Division Risks: Removing the “Waqf by use” concept and bureaucratic control could lead to community disputes and conflicts over historical mosques.
• Insufficient Community Input: The Bill has been criticized for lacking adequate consultation with the Muslim community and stakeholders.

Way forward

• Ensure Constitutional Compliance: Review and revise the Bill to ensure alignment with constitutional provisions, particularly Articles 25, 26, and 14, to respect religious freedoms and state jurisdiction.
• Preserve Autonomy: Ensure Waqf institutions are managed by representatives knowledgeable in Islamic practices while balancing government oversight and religious self-management.
• Address Adverse Possession: Safeguard Waqf properties from misuse of adverse possession laws through clear protections.
• Enhance Community Consultation: Engage with the Muslim community and stakeholders, such as the All-India Muslim Personal Law Board, to incorporate their feedback.
• Streamline Dispute Resolution: Reevaluate the roles of district collectors and Waqf Tribunals to ensure efficient and impartial dispute resolution.
• Ensure Representation and Inclusivity: Create guidelines for including non-Muslims in Waqf Boards that respect the institutions’ religious nature while ensuring fair representation.
• Legislative Review: Regularly review and adjust the Waqf Act to address emerging issues and uphold constitutional values.

{GS2 – IR – Issues} Impact of Displacement on Refugee Women

• Context (TH): Refugee women with disabilities are entitled to certain rights but often face barriers that hinder their realisation.

Read more > Refugee vs. Asylum Seeker vs. Migrant

Scale of Displacement

• According to UNHCR, by the end of 2023, 117.3 million people were forcibly displaced globally, 37.6 million of whom were refugees.
• Current conflicts (Eg., Israel-Hamas, Ukraine-Russia, Myanmar) are expected to increase these numbers.

Factors Contributing to Refugee Displacement

• Armed Conflict: Syrian Civil War (2011–present).
• Persecution: Rohingya crisis in Myanmar.
• Human Rights Violations: Venezuelan crisis.
• Political Instability: Libya’s government collapse (2011).
• Natural Disasters: Hurricane Maria in Puerto Rico (2017).
• Economic Hardship: Zimbabwe’s economic collapse in the 2000s.

The Gendered Nature of Displacement

• Increased Caregiving Burdens: Refugee women often bear the responsibility for children/old-aged.
• Higher Risk of Gender-Based Violence: Face risks of sexual violence and exploitation such as transactional sex in refugee camps and may face stigma and discrimination within their communities.
• Mental Health Challenges: More prone to depression due to trauma and isolation.
• Limited Access to Resources such as essential educational services and healthcare services, including reproductive health, limiting their future opportunities. This would contribute to gender inequality.

• Limited Access to Support Services: Refugee women with psychosocial disabilities face significant barriers in accessing mental health services due to stigma and lack of resources.
• Epistemic Injustice and Marginalization: Displaced women’s experiences and testimonies are often dismissed, particularly in patriarchal societies, leading to their needs being overlooked.
• Socio-Economic Disadvantages: Impacts their ability to provide for their families, access services, and make decisions. This makes them dependent on male relatives or humanitarian aid.

International Conventions and Treaties Protecting Refugee Rights

• 1951 Refugee Convention: Primary international legal instrument defining refugees and outlining the rights and obligations of states towards them.
• 1967 Protocol Relating to the Status of Refugees: This Protocol extends the protection of the 1951 Convention to refugees who have fled persecution since 1951 and aims to ensure the same rights and protections regardless of when refugees fled their country.
• The 1954 Convention Relating to the Status of Stateless Persons: Protects individuals who lack nationality. It outlines the rights and obligations of states towards stateless persons, including access to education, employment, and social services.
• 1961 Convention on the Reduction of Statelessness: Prevent and reduce statelessness by establishing rules governing the acquisition and loss of nationality.
• International Covenant on Civil and Political Rights (ICCPR): Adopted by the UN General Assembly in 1966, it guarantees various civil and political rights, including the right to life, liberty, and security of persons, including refugees.
• International Covenant on Economic, Social, and Cultural Rights (ICESCR): Adopted in 1966, it guarantees a range of economic, social, and cultural rights, such as the right to work, education, and health care. These rights are also applicable to refugees.

India and Refugees

• India has a long history of hosting refugees, accommodating over 200,000 individuals from various conflicts since independence.
• “Vasudhaiva Kutumbakam” embodies India’s tradition of welcoming diverse people and has guided its supportive approach to refugees throughout history.
• The Sanskrit phrase “Atithi Devo Bhava” reflects India’s tradition of hospitality.
• About 46,000 refugees and asylum-seekers were registered with UNHCR in India, with women and girls constituting 46% of this group (2022).
• India is not a signatory to the 1951 Refugee Convention or its 1967 Protocol, resulting in gaps in formal refugee protections and lacks a comprehensive refugee-specific law.

Way Forward

• Ratify and Implement International Treaties: Countries should ratify and implement the 1951 Refugee Convention and 1967 Protocol, ensuring asylum, basic services, and legal protection.
• Strengthen Refugee Status Determination Procedures: Efficient and fair asylum processes are vital, including adequate legal aid, interpreters, and information access.
• Address Gender-Based Violence: Governments and organizations must provide safe shelters, medical care, and legal support to combat gender-based violence. Eg., UNHCR’s Women and Girls Safe Spaces.
• Ensure Access to Education and Employment: Refugees need access to education, vocational training, and job placement services to rebuild their lives.
• Promote Refugee Self-Reliance: Support self-reliance through entrepreneurship, small business development, and community initiatives.
• Combat Discrimination and Xenophobia: Promote tolerance and understanding through education, awareness campaigns, and anti-discrimination efforts, Eg., UNHCR’s “I Am a Refugee” campaign.

{GS2 – Polity – IC – FRs} Bail is the Rule Principle

• Context (TOI): Former Delhi deputy CM Manish Sisodia is out on regular bail after 17 months of custody.

• The SC reiterated the principle of ‘bail is the rule, and jail is an exception’ and highlighted that his prolonged custody without a trial has justified bail, emphasizing the right to a speedy trial.
• In March, the CJI had expressed concern over declining adherence to the principle of bail as the rule in lower courts.
• Principle Origin: It was established in the State of Rajasthan vs Balchand alias Baliya (1977).
• Application: Bail should only be denied if there is a risk of the accused fleeing, committing repeat offenses, or intimidating witnesses.
• SC Stance: Granted bail in the 2G spectrum case (2011), INX Media case (2019), and extended interim bail to journalist Arnab Goswami (2020) reinforcing the principle.
• The principle highlights that bail is the default position, with the gravity of the offense and the likelihood of avoiding justice considered when deciding on bail.

Challenges under PMLA

• The 2018 amendment to the Prevention of Money Laundering Act (PMLA) revived the ‘twin conditions’ under Section 45(1), making it harder to secure bail.
• Conditions (Section 45):
  • The public prosecutor must be given an opportunity to oppose the bail application.
  • The court must be satisfied that the accused is not guilty and unlikely to commit further offenses.
• Before the 2019 amendments, the law presumed guilt of the original crime (scheduled offense) for bail considerations, placing the burden on the accused to prove their innocence.

Read more > Statutory Bail, Anticipatory Bail

{GS2 – Social Sector – Education} National Education Policy (NEP) 2020

• Context (TH): The Centre has subtly urged Tamil Nadu to adopt the National Education Policy (NEP) 2020, linking the release of funds under the Samagra Shiksha scheme to the implementation of the NEP, though the State government prefers not to connect the two.

Read more > National Education Policy (NEP) 2020

{GS2 – Social Sector – Health} New TB Treatment Regimen

• Context (TH): India will introduce the BPaL regimen (bedaquiline, pretomanid, linezolid) for all multidrug-resistant (MDR-TB) and extensively drug-resistant tuberculosis (XDR-TB) patients following successful trials in Pakistan, South Africa, and Ukraine. BPaL will offer better, safer, and shorter treatment.

Credits: TH

• In 2022, WHO recommended the six-month regimens BPaL (bedaquiline + pretomanid + linezolid) and BPaLM (BPaL + moxifloxacin) as options to cure drug-resistant TB.
• The government will also scale up the Nucleic Acid Amplification Test (NAAT) for better detection of the DNA of Mycobacterium tuberculosis (TB bacteria) from sputum (a mixture of saliva and mucus coughed up from the respiratory tract).

Read More > Tuberculosis.

{GS3 – Agri – Initiatives} Clean Plant Programme

• Context (TH): The Union Cabinet approved the Clean Plant Programme (CPP) to supply farmers with virus-free, high-quality planting material to boost crop yields and income.
• Features include affordable access to clean plant material, active engagement of women farmers and ensuring resource access, training and decision-making opportunities for women.

Other Programmes Approved by the Cabinet

• Pradhan Mantri Awas Yojana-Urban (PMAY-U) 2.0: It will invest ₹10 lakh crore to give financial assistance to one crore urban poor and middle-class families to construct, purchase or rent a house. PMAY-U sanctioned 1.18 crore houses and constructed 85.5 lakh houses.
• Eight new railway projects will cover 14 districts in the seven States of Odisha, Maharashtra, Andhra Pradesh, Jharkhand, Bihar, Telangana, and West Bengal to provide connectivity, facilitate ease of travelling, minimise logistics costs, reduce oil imports, and lower carbon dioxide emissions.

Read More > PMAY

{Prelims – Sports} Technological Doping

• Context (SA | TT): Technological doping raises ethical questions about the limits of fair competition.

• Technological doping (Techdoping) is the use of technology, including performance-enhancing equipment and data-driven strategies, to gain an unfair advantage in sports.
• Examples of Tech doping:
  • Performance-enhancing suits: The LZR Racer swimsuit used in the Beijing Olympics, 2008 was designed to reduce drag and improve buoyancy.
  • High-tech shoes: Nike’s Vaporfly shoes can improve running economy and speed.
  • Telemetric devices: Wearable devices to track and analyse athlete performance can give coaches and athletes valuable insights. For example, Smart shoes with embedded sensors.

{Prelims – In News} Californium Stone

• Context (IE): Police seizes rare radioactive Californium stone worth Rs 850 crore in Bihar.

• Californium (Cf) is a highly expensive, man-made, radio-metallic chemical element.
• It is a very good source of neutrons, making it useful in nuclear power plants.
• It is used in treating brain cancer through its neutrons due to penetrative properties of radiation.

{Prelims – In News} Kuki-Zo community

• Context (TH): Three village volunteers from the Kuki-Zo community were killed on Friday in firing near Molnoi village, Tengnoupal, Manipur.

Read more > Manipur’s Kuki–Zo Group

{Prelims – Sports} Technological Doping

• Context (SA | TT): Technological doping raises ethical questions about the limits of fair competition.

• Technological doping (Techdoping) is the use of technology, including performance-enhancing equipment and data-driven strategies, to gain an unfair advantage in sports.
• Examples of Tech doping:
  • Performance-enhancing suits: The LZR Racer swimsuit used in the Beijing Olympics, 2008 was designed to reduce drag and improve buoyancy.
  • High-tech shoes: Nike’s Vaporfly shoes can improve running economy and speed.
  • Telemetric devices: Wearable devices to track and analyse athlete performance can give coaches and athletes valuable insights. For example, Smart shoes with embedded sensors.