07-03-2024 CARE mains practice

Topic- Issues related to development of Education sector in India:

Introduction:

Educators play a crucial role in imparting quality and value education and fostering qualitative change through teaching and learning. They bring about valuable pedagogical and curriculum changes, thus promoting equity and helping students overcome cultural barriers. Avant-garde pedagogies can enhance the active participatory teaching-learning process

Body :

• Feminist pedagogy
• Peer teaching
• Paolo Freire’s ‘banking model’
• Freire’s ‘problem-posing model’
• New Education Policy 2020
• Way Ahead

Conclusion :                                                                                                                                                                                                                                       

Segregating learners into prejudices and gender socialisation in terms of their class, caste, gender, religion, sexuality, and region would not provide the desired sense of belonging to diverse learning population in India. Instead, they should be included in the least restrictive environment possible, prompting successful self-actualization. NEP, seeks the implementation of the aforementioned objectives.

 

UPSC Syllabus Issues related to development of Education sector in India:

 

National Education Policy 2020 is in conformity with the Sustainable Development Goal-4 (2030). It intends to restructure and reorient the education system in India. Critically examine the statement. (UPSC Main 2022)

Introduction

Educators play a crucial role in imparting quality and value education and fostering qualitative change through teaching and learning. They bring about valuable pedagogical and curriculum changes, thus promoting equity and helping students overcome cultural barriers. Avant-garde pedagogies can enhance the active participatory teaching-learning process

Body Status : 

Feminist pedagogy

• The UN promotes feminist pedagogy to create space for open discussions to ensure a curriculum aligned with themes to develop learner strategies to resist institutional challenges and apply the and ‘trans’ scientifically.
• Therefore, it does not address the nuances of class-based gendered violence, caste-based gendered offences, frotteurism, paraphilia, and the arbitrary role of religion in sociosexual stratification.
• A curriculum accommodating ‘peer teaching’ as a pedagogical strategy is becoming increasingly popular in Indian education.

Peer teaching

• Peer teaching can effectively deal with conflicts arising out of class, caste, religion, region, community, and their gender-specific indexes present in the social hinterland of India where the learners inhabit.
• Learners encountering gendered situations and experiences of conflict would call for a revised moral assessment and action.
• Peer teaching, therefore, has the potential to erase gendered conflict from knowledge. It can endorse a syncretic discourse to ‘illegitimate’ particular patriarchal visions and chauvinistic claims of society.
• However, peer teaching requires the educators, the academicians, and the learners to ‘unlearn’ their preconceived notions of gender norms, traditional values, and patriarchal ideals.

Paolo Freire’s ‘banking model’

• Indian classrooms reflect Paolo Freire’s ‘banking model’, i.e., the teacher is more knowledgeable than the students and therefore possesses the authority; therefore, the teacher ‘deposits’ facts into the students’ minds, who are to memorise and recall them.
• The teacher is superior to the rest and thus determines what is good or correct.
• Therefore, peer teaching, even in such a classroom, can issue communiqué but does not ensure ‘inquiry’ about learning.
• NEP’s emphasis on “education as the single greatest tool for achieving social justice and equality” is deemed fit to offer an educational praxis for the Indian education scenario that can liberate learners from gendered oppression, garnering a positive change in Indian society.

 

Freire’s ‘problem-posing model’

• Educators can think of Freire’s ‘problem-posing model’ as one of the liberating pedagogies. This technique, as enunciated in Paolo Freire’s Pedagogy of the Oppressed, is, hitherto, underused in the Indian education context.
• However, it restores a more equal relationship between the educator and the students, as everyone simultaneously fills the roles of the teacher and the student.
• These ‘teacher-students’ and ‘student teachers’ decide on important topical points to talk about together.

1. The teacher becomes a facilitator.
2. The educator becomes an instructor.
3. The topical points are presented as ‘problems’ to the whole class.

• The ‘problems’ are the issues raised to be solved together without any ‘correctness’ prejudice of authoritative ‘ranking’.

• The classroom becomes a real academic discourses into a method of gender liberation, deterring gender polarisation from becoming a tool of oppression and patriarchal dominance.

New Education Policy 2020

• NEP provides for setting up a Gender Inclusion Fund (GIF), especially for girls and transgender students, and recommends that Samagra Shiksha integrate and universalize access to education in all states and UTs.
• The most critical task in ensuring equity and inclusion at all levels of education is to make the learner an independent thinker.
• Identification and incorporation of real-life situations and experiences, reflecting the gender paradigm, include discussion, role play, skit, narration, presentation, improvisation, hot seat, etc.; appreciate gender-inclusive participation; and inculcate empathy among the young to adult learners of primary to higher education.

Way Ahead

• Thus, educators can adopt feminist pedagogy to dismantle gender dysphoria, the hegemony of gendered hierarchy in Indian education.
• Such a pedagogy approaches curriculum design in line with international benchmarking to develop academic critical thinking and intellectual open-mindedness, directly reflecting the learning curve of outcome-based education (OBE).
• The zeal for problem-solving and perception of gender inconsistencies, gender gaps, or gendered disturbances become the essential stimuli in this creative pursuit and experiential learning process.

Conclusion

Segregating learners into prejudices and gender socialisation in terms of their class, caste, gender, religion, sexuality, and region would not provide the desired sense of belonging to diverse learning population in India. Instead, they should be included in the least restrictive environment possible, prompting successful self-actualization. NEP, seeks the implementation of the aforementioned objectives.

Topic- Statutory Bodies :

Introduction

Primarily tasked with spearheading legal reforms, the Law Commission serves as an advisory body to the Ministry of Law and Justice during its tenure.  In the present scenario trade secrets protection is fundamental to encourage innovative steps, foreign investment and to promote healthy competition. There is a need of having a unified codified law for this asset in India and also the need of getting a proper remedy against any violation or infringement of the right.

Body

• • Law Commission of India
  • Composition
  • About Trade secrets
  • History of trade secrets in India
  • Need of law

Conclusion

Law Commission of India has explored the development of laws relating to trade secrets and economic espionage in other jurisdictions like the UK, USA, EU, and Germany while proposing a draft Protection of Trade Secrets Bill, 2024. There is a need of a law that define the punishments and repercussions in case of wrong done by the person in infringing the confidentiality information which has been getting private by the business.

 

UPSC Syllabus Statutory Bodies:

 

Why was this question asked?

Which steps are required for the constitutionalization of a commission? Do you think imparting constitutionality to the National Commission for Women would ensure greater gender justice and empowerment in India? Give reasons. (UPSC Main 2020)

Introduction:

Primarily tasked with spearheading legal reforms, the Law Commission serves as an advisory body to the Ministry of Law and Justice during its tenure.  In the present scenario trade secrets protection is fundamental to encourage innovative steps, foreign investment and to promote healthy competition. There is a need of having a unified codified law for this asset in India and also the need of getting a proper remedy against any violation or infringement of the right.

Body Status

Law Commission of India

• The Law Commission of India is a non-statutory body that conducts research and advises the Law Ministry on legal reforms. The Commission is made up of legal and judicial experts.
• The Commission was originally constituted in 1955 and is re-constituted from time to time.
• The Twenty-second Law Commission of India’s term has been extended until August 31, 2024.
• Justice Rituraj Awasthi (Former Chief Justice of the Karnataka HC) was appointed as the chairperson of the 22nd Law Commission on November 7, 2022.

Composition

• Apart from having a full-time chairperson, the commission will have four full-time members, including a member-secretary.
• Law and Legislative Secretaries in the Law Ministry will be the ex-officio members of the commission.
• It will also have not more than five part-time members.
• A retired Supreme Court judge or Chief Justice of a High Court will head the Commission.

About Trade secrets

• Trade secrets are intellectual property rights on confidential information that may be sold or licensed. They derive their value from being kept secret.
• However, unlike other forms of intellectual property, which are limited in duration, trade secrets can be protected indefinitely.
• Legal landscape surrounding trade secrets in India has evolved through case laws leading to variations and inconsistencies in its application.
• Thus, the company must take legal and protective steps for the protection of the secrets and should avoid getting the information leaked to outsiders.

History of trade secrets in India

• The concept of trade secrets first came to the limelight in 1977 when the government asked Coca-Cola to hand over the formula for its cola drink, which led to the company exiting India to re-enter only a decade later.
• However, the National Intellectual Property Rights Policy, 2016, and the Parliamentary Standing Committee Report have brought back focus on the need for introducing legislation to deal with trade secrets, the report informs.
• On the subject of economic espionage, the report states that “even trade secrets held by the Government of India have been consistently targeted by foreign governments in acts of active and passive economic espionage”, and hence, there is a need for a single statute to address “all issues related to trade secret leakages and economic espionage”.

Need of law

• Trade secrets have become a very important intellectual property in today’s scenario as all the business works on their techniques, and processes and uses their secret recipes, so therefore protection becomes an important and mandatory aspect.
• In India trade secrets is a most deserted field as there is no proper policy framework for the protection of trade secrets.
• In India, there is no effective legislation or regime for protection of trade secrets, though Section 27 of the Contract Act provides civil remedy up to a certain limit.
• It restricts a person from disclosing information which he acquired during the course of his employment. But again there is no uniformity in the views of the Courts over this issue. Unlike US, there is no provision of criminal liability in India.
• However, the 289th Law Commission Report, published on ‘Trade Secrets and Economic Espionage’, states that the reference to the commission arose after deliberations in the government, where the need for legislation on the subject was felt.
• Commission has looked at the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement and India’s obligations arising from it.

Conclusion

Law Commission of India has explored the development of laws relating to trade secrets and economic espionage in other jurisdictions like the UK, USA, EU, and Germany while proposing a draft Protection of Trade Secrets Bill, 2024. There is a need of a law that define the punishments and repercussions in case of wrong done by the person in infringing the confidentiality information which has been getting private by the business.