Getting drunk, on homoeopathy

Mains Paper 3

Context: Alcohol-based tinctures marketed as homeopathic remedies in India present a significant threat to public health.

What are the recent changes in homoeopathic tinctures? Introduction of Rule 106B: This regulation limits the alcohol content in homeopathic tinctures to a maximum of 12%. It also restricts retail sales to 30 ml bottles, while larger bottles, up to 100 ml, are permitted exclusively for hospitals.  Taxation After GST: Alcohol used for medicinal purposes is subject to an 18% tax, which is considerably lower than the state taxes imposed on alcoholic beverages. This makes homeopathic tinctures a more affordable alternative.  Supreme Court’s Ruling: In the Bhagwati Medical Hall case, the Supreme Court affirmed that only the Union government has the authority to regulate homeopathic tinctures. The court stressed the need for stricter enforcement to mitigate public health risks.

What are the implications of the recent regulatory changes in homoeopathy?

Regulatory Challenges and Taxation Issues 

• The governance of homeopathic alcoholic tinctures is highly intricate, with overlapping authority between the Union and State governments. 
• Following the implementation of GST, alcohol used for medicinal purposes is taxed at 18%, which is significantly lower than the state-imposed taxes on alcoholic beverages. This price difference makes homeopathic tinctures a more cost-effective option for consumers. 
• Since states require presidential approval to regulate these tinctures, there is minimal quality control and inadequate public health oversight. 

Public Health Risks

• Homeopathic tinctures containing 12% alcohol are frequently misused as substitutes for liquor, contributing to alcohol-related health issues such as alcoholic hepatitis. 
• For instance, states like Gujarat and Bihar—where alcohol is banned—have reported fatalities due to the consumption of adulterated homeopathic tinctures. 

Legal Battles and Regulatory Delays 

• The homeopathic industry has persistently contested regulations, including Rule 106B of the Drugs and Cosmetics Rules, 1945, leading to prolonged legal disputes. 
• Instead of presenting Rule 106B before Parliament for approval, the Union government has chosen to engage in litigation, further delaying regulatory enforcement.

How does the public perception of homoeopathy impact healthcare choices?

False Sense of Safety

• Many consumers believe homeopathic remedies are entirely natural and harmless, unaware of the significant alcohol content in tinctures. 
• This misconception often results in the misuse of homeopathic tinctures as alcohol substitutes, particularly in prohibition states like Bihar and Gujarat. 

Lack of Awareness

• Due to limited awareness, some individuals consume homeopathic tinctures regularly, assuming they are treating ailments while unknowingly exposing themselves to alcohol-related health risks. 
• The issue is further aggravated by inadequate labeling and the absence of clear warnings, preventing consumers from fully understanding the potential dangers of these products. 

Effect on Healthcare Decisions 

• The affordability of alcohol-based homeopathic tinctures significantly influences healthcare decisions, especially among economically disadvantaged groups seeking low-cost alternatives to mainstream medicine. 
• Dependence on homeopathy in such cases can lead to delays or a complete lack of access to scientifically proven medical treatments, ultimately worsening health conditions.

Way forward

Urgency for Regulatory Reforms 

• Regulatory decisions regarding the inclusion of alcohol in homeopathic and Ayurvedic products should be guided by scientific research. 
• Nations like the U.S. and U.K. are exploring the addition of cancer warnings on alcoholic beverages, underscoring the need for similar scrutiny of alcohol-based medicinal products in India. 

Public Health Policy Considerations 

• Data-driven research can help shape public health policies, ensuring that regulations prioritize consumer safety rather than industry interests. 
• Additionally, research should focus on preventing the misuse of homeopathic tinctures as alcohol substitutes, especially in states where liquor is prohibited.

Should Governors be Chancellors of State Universities?

Mains Paper 2

Context: The Governor’s position as Chancellor of State universities has been widely debated. It is often mistakenly viewed as a post-independence measure intended to shield universities from political influence.

What are the implications of having the Governor serve as Chancellor for university autonomy?

• Reduced Autonomy: The position of the Governor as the chancellor has historically limited the independence of universities, as this framework originates from colonial times. The authority vested in Governors, including the appointment of Vice-Chancellors and overseeing university bodies, often results in political involvement rather than ensuring academic autonomy. 
• Political Influence: Rather than shielding universities from politics, the Governor’s involvement frequently intensifies political interference. This is especially evident when Governors align with the Central government’s interests, undermining the universities’ ability to function independently and affecting academic freedom. 
• Conflicting Authorities: The presence of both the Governor and State governments creates overlapping jurisdictions, often leading to administrative conflicts. This issue is particularly pronounced in Opposition-led states, where disagreements can stall essential decisions like the appointment of Vice-Chancellors.

How does the role of Governors as Chancellors align with or contradict the principles of federalism?

• Concurrent Legislative Powers in Education (Entry 25, List III, Seventh Schedule): Education is part of the Concurrent List, allowing both the state and central governments to legislate on the subject. The Governor’s role as Chancellor helps align state and national education policies, fostering better coordination. 
• Governor Acting Beyond State Government’s Advice (Article 163): When Governors exercise their discretionary authority as Chancellors without considering the elected state government’s recommendations, it weakens democratic accountability and infringes on state autonomy. 
• State Authority over Universities (Entry 32, List II, Seventh Schedule): Since universities fall under the jurisdiction of state governments, direct intervention by Governors in their administration goes against the principles of federalism by consolidating power at the central level.

What is the role of the President vs Governors as Chancellors?

• President: As the constitutional head, the President’s functions are carried out based on the guidance and counsel of the Union Council of Ministers, as outlined in Article 74 of the Constitution. The President does not serve as a Chancellor for any educational institution directly. 
• Governor: Appointed by the President under Article 155, the Governor functions as the constitutional head of the state and also holds the position of Chancellor for State universities, as per state laws, often with discretionary authority. This dual role creates a distinction between their constitutional responsibilities and their involvement in state governance.

What alternative models for university governance could be considered?

• Governor as Ceremonial Chancellor: In this model, the Governor’s powers would be restricted, requiring them to act solely on the advice of the State Council of Ministers regarding university matters. States such as Gujarat, Karnataka, and Maharashtra have adopted versions of this system. 
• Chief Minister as Chancellor: This proposal suggests that the Chief Minister should assume a ceremonial role. States like West Bengal and Punjab have passed legislation for this system, but it still awaits Presidential approval. 
• State-Appointed Chancellor: In Telangana, this model enables the state government to appoint a ceremonial Chancellor, typically an eminent academic or public figure, ensuring closer alignment with local governance and accountability. 
• Chancellor Elected by University Bodies: Borrowing from models used in prestigious institutions like Oxford and Cambridge, this approach allows university bodies and alumni to elect their Chancellor, promoting greater institutional self-governance and minimizing political interference. 
• Chancellor Appointed by University’s Executive Council: In this model, universities select their Chancellors through transparent processes within their governing bodies, ensuring independence from external political influences.

Way forward:

• Decentralize University Governance: Grant universities the authority to elect or appoint their Chancellors through their governing bodies, enhancing institutional autonomy and transparency while minimizing political interference from external sources. 
• Restrict the Governor’s Role to Ceremonial Functions: Confine the Governor’s involvement in university affairs to a purely ceremonial role, ensuring that academic decisions remain in line with the principles of state autonomy and federalism.

The Union Budget as a turning point for climate action

Mains Paper 3

Context: All eyes will be on Finance Minister Nirmala Sitharaman on February 1 as she presents the FY26 Budget, which must address climate concerns and support India’s target of achieving Net-Zero emissions by 2030.

How will the proposed climate finance taxonomy influence investment in sustainable projects?

• Standardization and Clarity: The proposed climate finance taxonomy will establish standardized definitions for green finance, offering greater clarity and minimizing ambiguity for investors. This will help differentiate truly sustainable projects from those that are not, thereby boosting investor confidence. 
• Increased Investment: By standardizing the definitions of green finance, the taxonomy has the potential to attract a substantial portion of the ₹162.5 trillion ($2.5 trillion) required to meet India’s Nationally Determined Contributions (NDCs) by 2030. This is essential for scaling up investments in sustainable initiatives. 
• Market Readiness: The taxonomy will require the development of both institutional and technical infrastructure, including market readiness programs, verification systems, and capacity building for financial institutions. This will help establish a strong ecosystem for green investments. 
• Differential Tax Treatment: The Budget could introduce differential tax treatment for investments that align with the taxonomy, making green investments more appealing compared to traditional ones.

What specific measures are needed to incentivize green investments in the upcoming budget?

• Expanding PLI Schemes for Solar Module Supply Chain: India’s current domestic solar module manufacturing capacity is 18-20 GW, while the annual demand is 30-35 GW. Imported solar panels are 65% cheaper than locally produced ones. Expanding the scope of PLI schemes can boost domestic manufacturing capacity and reduce reliance on imports.
• Public-Private Partnerships for Railway Renewable Energy: Indian Railways has 51,000 hectares of land suitable for renewable energy projects, yet only 142 MW of solar capacity has been installed, far below the potential 5 GW. Public-private partnerships could unlock this potential and support the Railways’ decarbonization goals.
• Establishing a Climate Action Fund for CBAM Compliance: India exports $8.22 billion worth of CBAM-covered products to the EU annually. MSMEs, which contribute 30% of GDP and 45% of exports, often lack the resources needed for decarbonization. A dedicated Climate Action Fund could assist MSMEs in meeting compliance requirements and maintaining their global competitiveness.
• Fiscal Allocations for the RESCO Model: Of the 1.45 crore registrations under the PM Surya Ghar Muft Bijlee Yojana, only 6.34 lakh (4.37%) have been completed. Additionally, 60% of Indian households find rooftop solar installations unaffordable due to upfront costs. The RESCO model could provide financing solutions to bridge this affordability gap.
• Tax Deductions and Depreciation Benefits for Circular Economy: India generates 62 million tonnes of waste annually, with only 30% being recycled. Shifting to a circular economy could contribute ₹40 lakh crore ($624 billion) annually by 2050. Tax incentives and accelerated depreciation benefits could encourage private sector involvement in recycling and resource efficiency.

What are the steps taken by the Government of India? National Action Plan on Climate Change (NAPCC): Launched in 2008, NAPCC is a comprehensive framework consisting of eight missions designed to tackle climate change through initiatives like promoting renewable energy, improving energy efficiency, and fostering sustainable habitat development.  Key missions such as the National Solar Mission and the Green India Mission aim to expand solar energy adoption and enhance forest cover, respectively.Commitment to Renewable Energy: India has set a target of achieving 500 GW of non-fossil fuel energy capacity by 2030 and has committed to reducing projected carbon emissions by one billion tonnes.Adaptation and Resilience Initiatives: The government has created the National Adaptation Fund on Climate Change (NAFCC) to support projects that strengthen resilience to climate impacts.State Action Plan on Climate Change (SAPCC): Aligned with NAPCC’s goals, the SAPCC focuses on sector-specific adaptations in areas like agriculture, water management, and biodiversity.

Way forward:

• Sovereign Green Bond Framework: Develop a sovereign green bond framework dedicated to financing circular economy infrastructure, ensuring that funds are allocated with transparency and used for their intended purposes.
• Verification Systems: Establish strong verification systems to confirm that projects funded through the green finance taxonomy are genuinely sustainable and comply with required environmental standards.
• Capacity Building: Invest in strengthening the capacity of financial institutions to implement the climate finance taxonomy effectively, including through training programs and providing technical support.
• Government Expenditure Classification: Ensure that government expenditures are classified according to green criteria, directing public funds toward sustainable initiatives.
• Regular Reporting and Audits: Require regular reporting and audits of climate-related expenditures and projects to maintain accountability and transparency. This will facilitate tracking progress and making necessary adjustments to policies and funding allocations.

Why Bombay HC said use of loudspeakers is not essential to religion?

Mains Paper 2

Context: The High Court was considering a petition filed by two residents’ groups from Mumbai’s Nehru Nagar, Kurla (East), and Chunabhatti areas, who raised concerns about mosques and madrasas using loudspeakers at excessively high volumes and during prohibited hours.

What are the present directions by the Bombay High Court?

• The Court instructed the state to establish a system for regulating the decibel levels of loudspeakers and other sound-emitting devices at religious sites, recommending the use of “calibration or auto-fixation” to set decibel limits. 
• The Mumbai Police Commissioner was tasked with ensuring that police officers use mobile apps to measure decibel levels and identify any violations. 
• A four-step graduated penalty system was outlined, starting with a warning for first-time offenders, fines for repeat violations, confiscation of loudspeakers, and revocation of licenses for continued offenses, along with the initiation of complaints against the violators.

Why did the Bombay High Court rule that the use of loudspeakers is not essential to religious practices (ERP)?

• Non-Essential Practice: The court emphasized that using loudspeakers for prayers or religious sermons is not an essential practice of any religion. It clarified that such activities are not protected under Article 25 of the Constitution, which guarantees the right to practice religion.
• Public Health Concerns: The court pointed out that noise pollution presents significant health risks. It argued that allowing unrestricted use of loudspeakers could violate the rights of nearby residents, thus prioritizing public health and interest over the claimed religious rights associated with loudspeaker usage.
• Legal Framework Compliance: The ruling reiterated that all religious institutions must adhere to noise pollution regulations, specifically the Noise Pollution (Regulation and Control) Rules, 2000, which set permissible noise levels in residential areas. The court instructed strict enforcement of these laws, making it clear that violations should lead to penalties, rather than exemptions based on religious grounds.

What are the Supreme Court Judgements related to essential religious practices (ERP)? Shirur Mutt Case (1954): This case laid the groundwork for the ERP doctrine, with the Supreme Court ruling that Article 25 protects not only religious beliefs but also the outward practices of those beliefs through rituals and ceremonies. The court highlighted that what constitutes an essential part of religion should be decided based on the doctrines of the religion itself.Durgah Committee Case (1961): In this judgment, the Supreme Court adopted a more restrictive stance, ruling that only practices that are essential and integral to a religion are protected under Article 25. The court drew a distinction between superstitious practices and those that are essential, signaling a narrower interpretation of protected religious practices.Ismail Faruqui v. Union of India (1995): This case centered on the Babri Masjid land acquisition issue. The Supreme Court concluded that while offering prayers is an essential Islamic practice, doing so in a mosque is not mandatory unless the mosque holds specific religious significance, revealing inconsistencies in applying the ERP test.Dr. Mahesh Vijay Bedekar v. Maharashtra (2016): In this case, the Supreme Court emphasized that the use of loudspeakers is not an essential religious practice and cannot be considered a fundamental right under Article 25 (freedom of religion) or Article 19(1)(a) (freedom of speech and expression).Sabarimala Temple Entry Case (2018): The Supreme Court ruled that restricting women from entering the Sabarimala temple violated their rights to equality and non-discrimination.

Way forward:

• Implementation of Strict Noise Regulations: Ensure robust enforcement of noise pollution laws, utilizing technology such as mobile apps to monitor decibel levels, and establish a clear and consistent penalty system for violations at religious sites.
• Public Awareness and Sensitization: Educate the public about the non-essential nature of loudspeaker use in religious practices, while maintaining a balance between religious freedom, public health, and the rights of nearby residents. Promote discussions between religious institutions and local authorities to reach peaceful resolutions.

Centre notifies Unified Pension Scheme for Government Staff

Mains Paper 2

Context: The Finance Ministry has declared the implementation of the Unified Pension Scheme (UPS) for Central Government employees under the National Pension System (NPS), starting from April 1, 2025.

Salient features of the Unified Pension Scheme (UPS)

• Effective from April 1, 2025.
• Eligibility: Available to Central Government employees with a minimum of 10 years of service.

Assured Pension:

• Employees with 25 or more years of service will receive 50% of the average basic pay over the last 12 months before retirement.
• Employees with 10-25 years of service will receive proportionate benefits.

Assured Minimum Pension: ₹10,000 per month for eligible employees.

• Assured Family Pension: 60% of the pension drawn by the employee before their death.

Inflation Protection:

• Pensions will be adjusted for inflation.
• Dearness Relief (DR) will be linked to the All India Consumer Price Index for Industrial Workers (AICPI-IW).
• Government Contribution: Increased to 18.5% of basic pay and DA, up from 14% under the NPS.
• Employee Contribution: 10% of basic pay and DA, same as the NPS.
• Lump Sum Payment: One-tenth of the last drawn pay (including DA) for every six months of completed service, in addition to gratuity.
• Choice of Scheme: Employees can choose between UPS and NPS starting from the next financial year, with the decision being final once made.
• Beneficiaries: Initially benefits 23 lakh Central Government employees, with the potential to extend to 90 lakh employees if adopted by state governments.

Differences between UPS, NPS and OPS (Old Pension Scheme)

Feature	Unified Pension Scheme (UPS)	National Pension Scheme (NPS)	Old Pension Scheme (OPS)
Pension Amount	50% of average basic pay over the last 12 months; proportional for service < 25 years.	Market-linked, dependent on contributions and market performance.	50% of last drawn salary, increases with DA hikes.
Family Pension	60% of employee’s pension after their death.	Based on accumulated corpus and annuity plans.	Continued benefits to family after retiree’s death.
Employee Contribution	10% of basic salary.	10% of basic salary.	None; entirely government-funded.
Government Contribution	18.5% of basic salary.	14% of basic salary.	Entire cost borne by the government.
Inflation Indexation	Linked to AICPI-IW.	Not applicable (market-linked returns).	Indexed; pension increases with DA hikes.