Articles Covered:

1. Could the Preamble have been amended without changing its date of adoption, asks Supreme Court
2. preamble
3. LS clears bills to put Valmikis & Paharis in J&K SC, ST lists
4. India’s stance at WTO balances fisheries subsidies for artisanal fishers and sectoral growth
5. Centre hikes FAME II allocation, scheme valid till March-end
6. SWIFT Messaging System
7. ‘Malicious parent syndrome’ increasing trend in child custody cases: Karnataka HC
8. Bharat Ratna 2024: Narasimha Rao, Chaudhary Charan Singh, MS Swaminathan to receive India’s highest civilian award
9. Renewable Energy in India

Could the Preamble have been amended without changing its date of adoption, asks Supreme Court

• A Bench of Justices Dipankar Datta and Justice Sanjiv Khanna was hearing a petition filed by BJP leader Subramanian Swamy seeking to delete the words ‘socialist’ and ‘secular’ from the Preamble

Constitution (Amendment) Bill, 2021: K J Alphons, a BJP representative from Kerala, presented the Constitution (Amendment Bill) 2021. The phrase “EQUALITY of status and opportunity” in the Preamble is proposed to be replaced by “EQUALITY of status and opportunity to be born, nourished, trained, find work, and be treated with dignity.” It also intends to replace the term “socialist” with “equitable.” The bill also includes goals for “access to information technology” and “pleasure.”

Status of Preamble:

• The preamble being part of the Constitution is discussed several times in the Supreme Court. It can be understood by reading the following two cases.
• Supreme court – previous judgements-
• Berubari Case:It was used as a reference under Article 143(1) of the Constitution which was on the implementation of the Indo-Pakistan Agreement related to the Berubari Union and in exchanging the enclaves which were decided for consideration by the bench consisting of eight judges.
• Through the BERUBARI case the Court stated that ‘Preamble is the key to open the mind of the makers’ but it can not be considered as part of the Constitution. Therefore it is not enforceable in a court of law.
• Kesavananda Bharati Case: for the first time, a bench of 13 judges was assembled to hear a writ petition. The Court held that:
• The Preamble of the Constitution will now be considered as part of the Constitution.
• The Preamble is not the supreme power or source of any restriction or prohibition but it plays an important role in the interpretation of statutes and provisions of the Constitution.
• So, it can be concluded that preamble is part of the introductory part of the Constitution.

In the 1995 case of Union Government Vs LIC of India also, the Supreme Court has once again held that Preamble is the integral part of the Constitution but is not directly enforceable in a court of justice in India.

Amendment of the Preamble:

42^nd Amendment Act, 1976: After the judgment of the Kesavanand Bharati case, it was accepted that the preamble is part of the Constitution.

1. As a part of the Constitution, preamble can be amended under article 368of the Constitution, but the BASIC STRUCTURE  of the preamble can not be amended.
2. As of now, the preamble is only amended once through the 42^nd AMENDMENT

The term ‘Socialist’, ‘Secular’, and ‘Integrity’ were added to the preamble through 42^nd Amendment Act, 1976.

1. ‘Socialist’ and ‘Secular’ were added between ‘Sovereign’ and ‘Democratic’.
2. ‘Unity of the Nation’ was changed to ‘Unity and Integrity of the Nation’.

Fact:

1. Article 394 of the Constitution states that Articles 5, 6, 7, 8, 9, 60, 324, 367, 379 and 394 came into force since the adoption of the Constitution on 26th November 1949 and the rest of the provisions on 26^thJanuary 1950.
2. The concept of Liberty, Equality, and Fraternity in our Preamble was adopted from the French Motto of the French Revolution.

Preamble:

1. A preamble is an introductory statement in a document that explains the document’s philosophy and objectives.
2. In a constitution, it presents the intention of its framers,the history behind its creation, and the core values and principles of the nation.

The preamble basically gives idea of the following things/objects:

• Source of the Constitution
• Nature of Indian State
• Statement of its objectives
• Date of its adoption

History of the Preamble to Indian Constitution

1. The ideals behind the Preamble to India’s Constitution were laid down by Jawaharlal Nehru’s Objectives Resolution,adopted by the Constituent Assembly on January 22, 1947.
2. Although not enforceable in court, the Preamble states the objectives of the Constitution, and acts as an aid during the interpretation of Articles when language is found ambiguous.

Components of Preamble

1. It is indicated by the Preamble that the source of authorityof the Constitution lies with the people of India.
2. Preamble declares India to be a sovereign, socialist, secular and democratic republic.
3. The objectives stated by the Preamble are tosecure justice, liberty, equality to all citizens and promote fraternity to maintain unity and integrity of the nation.
4. The date is mentioned in the preamble when it was adopted i.e. November 26, 1949.

Key words in the Preamble

• We, the people of India:It indicates the ultimate sovereignty of the people of India.Sovereignty means the independent authority of the State, not being subject to the control of any other State or external power.
• Sovereign:The term means that India has its own independent authority and it is not a dominion of any other external power. In the country, the legislature has the power to make laws which are subject to certain limitations.
• Socialist:The term means the achievement of socialist ends through democratic It holds faith in a mixed economy where both private and public sectors co-exist side by side.
• It was added in the Preamble by 42^ndAmendment, 1976.
• Secular:The term means that all the religions in India get equal respect, protection and support from the state.
• It was incorporated in the Preamble by 42^ndConstitutional Amendment, 1976.
• Democratic:The term implies that the Constitution of India has an established form of Constitution which gets its authority from the will of the people expressed in an election.
• Republic:The term indicates that the head of the state is elected by the people. In India, the President of India is the elected head of the state.

Objectives of the Indian Constitution:

• The Constitution is the supreme law and it helps to maintain integrity in the societyand to promote unity among the citizens to build a great nation.
• The main objective of the Indian Constitution is to promote harmony throughout the nation.
• The factors which help in achieving this objective are:
• Justice:It is necessary to maintain order in society that is promised through various provisions of Fundamental Rights and Directive Principles of State Policy provided by the Constitution of India. It comprises three elements, which is social, economic, and political.
• Social Justice –Social justice means that the Constitution wants to create a society without discrimination on any grounds like caste, creed, gender, religion, etc.
• Economic Justice –Economic Justice means no discrimination can be caused by people on the basis of their wealth, income, and economic status. Every person must be paid equally for an equal position and all people must get opportunities to earn for their living.
• Political Justice –Political Justice means all the people have an equal, free and fair right without any discrimination to participate in political opportunities.
• Equality:The term ‘Equality’ means no section of society has any special privileges and all the people have given equal opportunities for everything without any discriminations. Everyone is equal before the law.
• Liberty:The term ‘Liberty’ means freedom for the people to choose their way of life, have political views and behavior in society. Liberty does not mean freedom to do anything, a person can do anything but in the limit set by the law.
• Fraternity:The term ‘Fraternity’ means a feeling of brotherhood and an emotional attachment with the country and all the people. Fraternity helps to promote dignity and unity in the nation.

Bharat Ratna 2024: Narasimha Rao, Chaudhary Charan Singh, MS Swaminathan to receive India’s highest civilian award:

Bharat Ratna 2024: Announcing the three awards on social media platform X, Prime Minister Narendra Modi lauded their many contributions to the country.

P.V. Narasimha Rao:

• He was the ninth Prime Minister of India and the first from South India.
• Widely hailed as the Father of economic reforms in India, as he initiated the liberalisation and globalisation of the Indian economy in 1991.
• Steered the country through several challenges, such as the balance of payments crisis, the Babri Masjid demolition, and the insurgency in Kashmir.
• He was also a scholar, polyglot, and author of several books.
• He was awarded the Bharat Ratna for his visionary leadership and his multifaceted legacy as a leader who transformed India.

Chaudhary Charan Singh:

1. He was the fifth Prime Minister of India and a prominent leader of the farmers.
2. A staunch advocate of farmers’ rights and rural development.
3. Introduced several policies and schemes for the welfare of the peasantry and the poor.
4. Resisted the Emergency and upheld the values of democracy.
5. He was awarded the Bharat Ratna for his incomparable contribution to the country and his unwavering dedication to the welfare of farmers.

M.S. Swaminathan: 

1. He was a renowned agricultural scientist and the chief architect of the Green Revolution in India.
2. He introduced high-yielding varieties of wheat and rice, which increased the food production and saved millions from famine.
3. Made significant contributions to the fields of biodiversity, biotechnology, and environmental conservation.
4. Founded the M.S. Swaminathan Research Foundation, which works for sustainable agriculture and rural development.
5. He was awarded the Bharat Ratna for his pivotal role in ensuring India’s food security and prosperity and his invaluable work as an innovator and mentor.

‘Malicious parent syndrome’ increasing trend in child custody cases: Karnataka HC

• The Protection of Children from Sexual Offences Act was being used to settle scores between estranged parents, the Karnataka High Court said in a recent order.

POCSO Act

• POCSO Actcame into effect on 14^th November 2012 which was enacted in consequence to India’s ratification of the UNCRC
• The aim of this special law is to address offences of sexual exploitation and sexual abuseof children, which were either not specifically defined or in adequately penalised.
• The Act definesa child as any person below the age of 18 years. The Act provides punishment as per the gravity of offence.

1. The Act was further reviewed and amended in 2019to Introduce more stringent punishment including the death penalty for Committing sexual crimes on children, with a view to deter the perpetrators & prevent such crimes against children.
2. The Government of India has also notified thePOCSO Rules, 2020.

Salient Features of POCSO Act 2012 UPSC: The POCSO Act 2012 has some distinct features which make it important and relevant. They are discussed below: The act defines children as any individual aged below 18 years of age. The problem of gender exclusion in the previous acts was ignored here altogether, as this act is gender-neutral in its stance. There are multiple forms and acts of sexual abuse defined under this act that is not just limited to pornography, harassment, or penetrative/non-penetrative offences. These acts would be considered ‘aggravated’ if the child is mentally ill and/or the perpetrator comes from a position of authority and/or trust like a family member, doctor, teacher, etc. The prevention of ‘re-victimization’ of the child within the JUDICIAL SYSTEM is of utmost importance, as the POCSO act allows a policeman to act under the role of a child protector throughout the investigation. The process of investigation is to be made as child-friendly as possible, and justice to be served promptly within a year front the reporting of the incident. The setting up of ‘Special Courts’ has been done under this act which will exclusively deal with such offences with the sensibility and sensitivity they need. The central government is given the authority to make rules under the 45th section of the act. The State Commissions for the Protection of Child Rights (SCPCRs) and the NCPCR have been given the authority to monitor the implementation of the act’s provisions. Both of these authorities are statutory in nature. The POCSO Act will override instances of inconsistencies with other provisions according to section 42A. The act makes the reporting of a sexual offense mandatory. Misuse of these laws with the purpose of defamation of the person is punishable.

Gender-Neutral Nature:

1. The Act recognizes that both girls and boys can be victims of sexual abuse and that such abuse is a crime regardless of the genderof the victim.
2. This is in line with theprinciple that all children have the right to protection from sexual abuse and exploitation, and that laws should not discriminate based on gender.

Ease in Reporting Cases:

• There is sufficient general awareness now to report cases of sexual exploitation of childrennot only by individuals but also by institutions as non-reporting has been made a specific offence under the POCSO Act. This has made it comparatively difficult to hide offences against children.

Explicit Definition of Terms:

1. The storage of child pornography material has been made a new offence.
2. Further, the offence of ‘sexual assault’ has been defined in explicit terms (with increased minimum punishment) unlike an abstract definition of ‘outraging modesty of a woman’ in the IPC.

POCSO Rules 2020:

Interim Compensation and Special Relief

• Rule-9 of the POCSO Rules allows theSpecial Court to order interim compensation for the child’s needs related to relief or rehabilitation after the FIR’s registration. This compensation is adjusted against the final compensation, if any.

Immediate Payment of Special Relief:

• Under the POCSO Rules, the Child Welfare Committee (CWC)may recommend immediate payment for essential needs like food, clothes, and transportation, using funds from the District Legal Services Authority (DLSA), the District Child Protection Unit (DCPU), or funds maintained under theJUVENILE JUSTICE ACT-
• The payment must be made within a week of receiving the CWC’s recommendation.

Support Person for the Child:

1. The POCSO Rules empower the CWC to provide a support person to assist the child throughout the investigation and trial process.
2. The support person is responsible for ensuring the child’s best interests, including physical, emotional, and mental well-being, access to medical care, counseling, and education. They also inform the child and their parents or guardians about court proceedings and developments related to the case.

Note: In furtherance to the CRIMINAL LAW AMENDMENT-2018 Department of Justice has started a Centrally Sponsored Scheme in October, 2019 for setting up of a total of 1023 Fast Track Special Courts (FTSCs) (including 389 exclusive POCSO Courts) Across the country.

As on May 31, 2023, a total of 758 FTSCs including 412 Exclusive POCSO (e-POCSO) Courts are functional in 29 States/UTs across the country.

Renewable Energy in India:

Sources of Renewable Energy:

1. Primary Sources– Renewable energy sources such as solar, wind, and geo-thermal are the primary sources.
2. Secondary sources– Nonrenewable energy derived from the conversion of coal, oil, natural gas, and other fossil fuels.

Renewable Energy in India:

1. India is the world’s third largest electricity consumer and third largest renewable energy producer, with renewable energy accounting for 38% (136 GW out of 373 GW) of total installed energy capacity in 2020.
2. According to Ernst & Young’s (EY) 2021 Renewable Energy Country Attractiveness Index (RECAI), India is ranked third, after the United States and China.
3. India committed to producing 50% of its total electricity from non-fossil fuel sources by 2030 as part of the Paris Agreement’s Intended Nationally Determined Contributions targets in 2016.
4. The Central Electricity Authority of India set a goal of producing 50% of total electricity from non-fossil fuel sources by 2030 in 2018.
5. The government has increased the target for renewable energy capacity to 175 GW by 2022, which includes 100 GW from solar, 60 GW from wind, 10 GW from biopower, and 5 GW from small hydropower.
6. India has also set a renewable energy target of 500 GW by 2030.
7. As of September 2020, 89.22 GW of solar energy is already operational, 48.21 GW of projects are in various stages of completion, and 25.64 GW of projects are in various stages of bidding.
8. In 2020, three of the world’s top five largest solar parks were in India,

• including the world’s largest 2255 MW Bhadla Solar Park in Rajasthan;
• world’s second-largest solar park, Pavgada Solar Park Tumkur in Karnataka; and
• 100MW Kurnool in Andhra Pradesh.

1. Wind power in India has a strong manufacturing base, with 20 manufacturers producing 53 different wind turbine models of international quality up to 3 MW in size, with exports to Europe, the United States, and other countries.
2. In terms of installed hydroelectric power capacity, India ranks fifth worldwide.
3. As of 31 March 2020, India’s installed utility-scale hydroelectric capacity was 45,699 MW, or 12.35% of its total utility power generation capacity.
4. As of November 2020, India had 10 nuclear reactors under construction with a combined capacity of 8 GW and 23 existing nuclear reactors in operation in 7 nuclear power plants with a total installed capacity of 7.4 GW (3.11% of total power generation in India).
5. Nuclear power is India’s fifth-largest source of electricity, trailing coal, gas, hydroelectricity, and wind power.

Installed Power Generation Capacity in India:

India’s installed renewable energy capacity stood at 158.12 GW as of April 2022, accounting for 39.43% of total installed power capacity.

1. Solar: 55.34 GW
2. Wind: 40.53 GW
3. Small hydro Power: 4.85 GW
4. Bio-power: 10.68 GW
5. Large Hydro: 46.72 GW

• India has the world’s fourth-largest wind power capacity.
• At the COP26, India committed to achieving 500 GW of installed electricity capacity from non-fossil fuel sources by 2030.

SWIFT Messaging System:

1. SWIFT provides the trusted messaging platformthat enables financial institutions to exchange information about global monetary transactions such as money transfers.
2. While SWIFT does not actually move money,it operates as a middleman to verify information of transactions by providing secure financial messaging services to more than 11,000 banks in over 200 countries.
3. Most of the world trade takes place with financial messaging passing through SWIFT.
4. It was established in 1973and is based in Belgium.
5. It is overseen by the central banks from eleven industrial countries: Canada, France, Germany, Italy, Japan, the Netherlands, Sweden, Switzerland, the United Kingdom, and the United States, besides Belgium.
6. India’sfinancial system has access to the SWIFT.
7. Prior to SWIFT, the only reliable means of message confirmation for international funds transfer was
8. It was discontinued due to a range of issues such as low speed, security concerns, and a free message format.

SWIFT work:

An important component of the SWIFT messaging system is the SWIFT code:

• Each bank that participates in the system is assigned this code, which identifies the bank, the country it’s in, where it’s located in the country, and, optionally, the branch.
• It has the eight-character SWIFT code UNCRITMM.
• First four characters: the institute code (UNCR for UniCredit Banca)
• Next two characters: the country code (IT for the country Italy)
• Next two characters:the location/city code (MM for Milan)
• Last three characters:optional, but organizations use them to assign codes to individual branches.
• When a bank is a member of SWIFT, their instruction messages are cleared as secure immediately, so the transactions happen quickly.

Centre hikes FAME II allocation, scheme valid till March-end;

FAME India Scheme:

1. FAME Indiais a part of the national electric mobility mission plan
2. The scheme’s main objective is to encourage the adoption of electric and hybrid vehicles by offering upfront incentives on purchase.
3. The scheme covershybrid and electric  technologies like Mild Hybrid, Strong Hybrid, Plug-in Hybrid and battery Electric Vehicles.

Phase I:

• Started in 2015 and was completed on 31^stMarch 2019, with an outlay of Rs 895 crore.
• The 1^stphase of FAME The scheme had four focus areas namely, technology development, demand creation, pilot project, and charging infrastructure.

Achievements:

• In the 1^stphase of the scheme, about 2.78 lakh xEVswere supported with total demand incentives. In addition, 465 buses were sanctioned to various cities/states under this scheme.

FAME India Phase-II:

1. The Ministry of Heavy Industriesis implementing the scheme for five years, starting April 1, 2019, with a total budget of Rs. 10,000 crore.
2. This phase mainly focuses on supporting the electrification of public & shared transportationand aims to support through demand incentive eBuses, e-3 Wheelers, e-4 Wheeler Passenger Cars and e-2 Wheelers.
3. In addition, the creation of charging infrastructure is also supported under the Scheme.

FAME India Phase-II:

Duration: Five years from April 1, 2019.

1. Budgetary support: 10,000 crores.
2. Target:Encouraging the adoption of 7,090 eBuses, 5 lakh e-3 Wheelers, 55,000 e-4 Wheeler Passenger Cars, and 10 lakh e-2 Wheelers.
3. Focus:Electrification of public and shared transportation.

Steps Taken to Promote Electric Vehicles:

Expanding EV Charging Network:

1. Under Phase-I:520 charging stations/infrastructure sanctioned.
2. Phase-II:Sanctioning of 2,877 Electric Vehicle Charging Stations in 68 cities across 25 States/UTs and 1,576 charging stations across 9 Expressways and 16 Highways.
3. Capital Subsidy for OMCs: Rs. 800 crore sanctioned for the establishment of 7,432 electric vehicle public charging stations.

Government Incentives and Subsidies for Electric Vehicles:

1. FAME India Scheme Phase-II:Upfront reduction in the purchase price of EVs for buyers.
2. Production Linked Incentive (PLI) Scheme for Automotive Sector:Budgetary outlay of Rs. 25,938 crores to support domestic manufacturing of vehicles, including electric vehicles.
3. PLI Scheme for Advanced Chemistry Cell (ACC): Budgetary outlay of Rs. 18,100 crores to establish a competitive ACC battery manufacturing setup in the country.

Reduced GST and Exemptions:

1. GST on EVs reduced from 12% to 5%
2. GST onchargers/charging stations for EVs reduced from 18% to 5%.

Exemptions and Waivers:

1. Battery-operated vehicles are exempt from permit requirements and given green license plates.
2. Ministry of Road Transport and Highways (MoRTH) advised states to waive road tax on EVs to reduce initial cost.

Awareness Initiatives Promoting E-Mobility:

1. Various initiatives to create awareness about EVs in colleges/universities and institutions across India.
2. Collaboration with ICAT for EV awareness programs.

LS clears bills to put Valmikis & Paharis in J&K SC, ST lists:

The Constitution (Jammu and Kashmir) Scheduled Tribes Order (Amendment) Bill, 2023 has been proposed by the government to add four communities to the list of Scheduled Tribes (STs) in Jammu and Kashmir. The Bill aims to provide them with special rights and benefits under the Constitution.

1991. The Bill introduced by the government aims to add four more communities to the list of Scheduled Tribes (STs) in Jammu and Kashmir. These are: “Gadda Brahmin”, “Koli”, “Paddari Tribe”, and “Pahari Ethnic Group”. These communities are currently not recognised as STs in J&K,unlike the Gujjars, Bakerwals, Gaddis, and Sippis, who have been enjoying the benefits of reservation in jobs, education, and political representation since 1991.
1992. The Gujjars and Bakerwals are the largest and most influential ST group in J&K,with a population of around 18 lahks. They mostly reside in the mountainous regions of the Union Territory and follow a nomadic lifestyle.
1993. The move to expand the ST list has met with opposition from the Gujjar-Bakerwal community, who fear that their share of the quota benefits will be reduced by the inclusion of the new communities. They have also questioned the eligibility and identity of some of the proposed STs, especially the Paharis and Paddaris. They claim that the Paharis are not a distinct ethnic group but a linguistic category and that the Paddaris are a nomadic tribe that has migrated from other states.
1994. The government has justified the Bill by saying that it is based on the recommendations of a committee set up in 2014 to examine the demands for ST status by various communities in J&K. The Bill also states that the amendment will entail additional expenditure for providing benefits to the newly recognised STs.

Criteria for inclusion in Schedule list (SC, ST) is determined based on following factors:

1. The community’s distinct and identifiable ethnological traits as tribal identity.
2. Traditional practices, customs, and way of life as part of tribal culture i.e. unique and distinctive culture that sets the community apart from other groups.
3. Community’s geographical isolation is taken into account to assess its historic and continuous presence in specific regions.
4. Socio-economic backwardness is considered to evaluate the level of disadvantage faced by the community.

However, The Constitution of India does not define the criteria for recognition of STs.

Process: Stages are as follows–

1. initiates at the State or Union Territory level-the concerned government or administration recommends the inclusion of a specific community.
2. The proposal is sent to the Union Ministry of Tribal Affairs for examination and further deliberations. After this, the Ministry of Tribal Affairs, through its own deliberations, examines the proposal and sends it to the Registrar General of India (RGI). Once approved by the RGI, the proposal is sent to the National Commission for Scheduled Tribes
3. The proposal is sent back to the Union government
4. Bill that amends the Constitution (Scheduled Tribes) Order, 1950 following its passage in both the Lok Sabha and Rajya Sabha.
5. The inclusion of any community in the Scheduled Tribes list takes effect only after the President assents to a Bill.

Recent addition in Jammu and Kashmir:

• addition of the Pahari ethnic group to the Union Territory’s ST list.
• added the Paddari Tribe, Gadda Brahmin, and Koli communities to the ST list and the Valmiki community (including synonyms) to the Scheduled Castes list of Jammu and Kashmir.
• Bills state that the reservation already available for these existing tribes will be maintained while giving these new communities additional reservation.
• Amid protest by Gujjar-Bakarwal it is said that the ST quota of Gujjar and Bakarwal will remain unaffected and there would be no dilution in the same.
• Constitutional provision related to tribes are mentioned in Art.366(25) with article 342(1)for inclusion of tribes by President along with these 5th and 6th schedule is also part of it.

India’s stance at WTO balances fisheries subsidies for artisanal fishers and sectoral growth

India is set to prioritize the welfare of its artisanal fishers and the development of its fishing sector at the upcoming 13th Ministerial Conference (MC13) of the World Trade Organisation (WTO) in Abu Dhabi.

1. The conference will focus on negotiations around the regulation of fisheries subsidies,which are known to contribute to overfishing by supporting activities like vessel construction, fuel purchases, and more.
2. A significant point of discussion will be the WTO’s draft textfrom December 2023, aiming to limit subsidies that lead to overcapacity and overfishing, requiring member countries to prove sustainability in their fishing practices.
3. The draft exempts least-developed and certain developing countries,while imposing stricter scrutiny on the top 20 subsidy providers.
4. Experts, however, believe that the proposed terms may disproportionately benefit developed countrieswith large industrial fishing fleets, as they can more easily comply with sustainability requirements, leaving developing countries at a disadvantage.
5. This disparity could hinder developing nations like Indiafrom building significant industrial fishing capabilities, as they struggle with stringent documentation and sustainability demonstration requirements.
6. India argues for the application of the principle of common but differentiated responsibilities (CBDR) and respective capabilities (RC)in the agreement, advocating for strong regulations on industrial fishing fleets to address the root cause of overfishing historically facilitated by substantial government subsidies in developed countries.
7. Indiais pushing for a 25-year transition period for developing countries that are neither covered by the de minimis (a global share of marine catch not greater than 0.8%) nor considered least developed countries (LDCs).

Evolving negotiations:

1. In 2001,during the Doha Ministerial Conference, World Trade Organization (WTO) members agreed to address the issue of fisheries subsidies, a commitment further elaborated in 2005 at the Hong Kong Ministerial Conference.
2. Here, the focuswas on controlling subsidies that contribute to overcapacity and overfishing, while acknowledging the need for special and differential treatment for developing and least developed countries, given the sector’s role in development, poverty reduction, livelihoods, and food security.
3. The negotiations were propelled forward with the adoption of the United Nations’ Sustainable Development Goals (SDGs) in 2015,particularly Goal 14.6, which aims to eliminate harmful fisheries subsidies by 2020, thus targeting overcapacity, overfishing, and illegal fishing subsidies.

Debate over fisheries subsidy:

15. The International Institute for Sustainable Development (IISD) reported a significant increase in India’s fisheries subsidies from Rs. 15.5 billion in 2016 to Rs. 22.25 billion in 2019, marking a 43% growth.
16. Fuel subsidies, in particular, were noted for disproportionately benefiting wealthier fishers who can afford more subsidized fuel, thus favouring larger-scale fishing activities.

Global Fisheries Subsidies:

35. Estimated at $35.4 billion in 2018; $22.2 billion for capacity-enhancing subsidies.
36. The UN General Assembly tasked WTO to deliver an agreement against harmful fisheries subsidies.

Fisheries Sector in India:

1. Recognized as a powerful income and employment generator.
2. 3rd largest fish-producing and 2nd largest aquaculture nation globally.
3. Pradhan Mantri Matsya Sampada Yojana (PMMSY) focuses on the sustainable development of the fisheries sector.
4. Related Government Initiatives in India’s Fisheries Sector:

Fishing Harbours:

1. Development of major Fishing Harbours (Kochi, Chennai, Visakhapatnam, Paradip, Petuaghat).
2. Transformation into hubs of economic activity to support the fisheries industry.

Seaweed Park in Tamil Nadu:

1. Establishment of a Multipurpose Seaweed Park in Tamil Nadu.
2. Center for the production of high-quality seaweed-based products, utilizing a hub-and-spoke model.

Pradhan Mantri Matsya Sampada Yojana (PMMSY):

1. Objective: Creation of direct employment for 15 lakh fishers, fish farmers, etc.
2. Indirect employment opportunities expected to be three times the direct employment.
3. Aims to double the incomes of fishers, fish farmers, and fish workers by 2024.

Palk Bay Scheme:

1. Launched in 2017 as a Centrally Sponsored Scheme.
2. Part of the umbrella Blue Revolution Scheme.
3. Focus on diversification of trawl fishing boats from Palk Straits into deep-sea fishing boats.

Special and Differential Treatment (S&DT):

Definition:

• S&DT is a set of provisions in international trade agreements that offers preferential treatment to developing countries, recognizing their unique challenges and needs.

Objective:

• To address the developmental, financial, and trade-related constraints faced by developing nations.

Key Features:

1. Flexibilities:Provides flexibility in meeting certain commitments or obligations, considering the developmental stage of the country.
2. Transitional Periods:Allows extended timelines or transition periods for implementing certain provisions.
3. Technical Assistance:Includes support in capacity building, technology transfer, and financial assistance.
4. Market Access:Grants preferential market access, including tariff reductions and exemptions.