DAILY CURRENT AFFAIRS (MAY 12, 2022)

THE POLITY AND GOVERNANCE

1. WHAT IS THE SEDITION LAW?

THE CONTEXT: The Supreme Court ON 11th May directed the Centre and states to keep in abeyance all pending trials, appeals, and proceedings with respect to the charge framed under Section 124A of the Indian Penal Code (IPC), which deals with the offence of sedition, till the central government completes the promised exercise to reconsider and re-examine the provision.

THE EXPLANATION:

  • The central government had initially defended the colonial provision, but later told the apex court it was reviewing it.

What is the sedition law?

  • Section 124A defines sedition as: “Whoever, by words, either spoken or written, or by signs, or by visible representation, or otherwise, brings or attempts to bring into hatred or contempt, or excites or attempts to excite disaffection towards, the Government established by law shall be punished with im­prisonment for life, to which fine may be added…”
  • The provision also contains three explanations: 1- The expression “disaffection” includes disloyalty and all feelings of enmity; 2- Comments expressing disapprobation of the meas­ures of the Government with a view to obtain their alteration by lawful means, without exciting or attempting to excite hatred, contempt or disaffection, do not constitute an offence under this section; 3- Comments expressing disapprobation of the admin­istrative or other action of the Government without exciting or attempting to excite hatred, contempt or disaffection, do not constitute an offence under this section.

What are the origins of the sedition law?

  • Although Thomas Macaulay, who drafted the Indian Penal Code, had included the law on sedition, it was not added in the code enacted in 1860. Legal experts believe this omission was accidental. In 1890, sedition was included as an offence under section 124A IPC through the Special Act XVII.
  • The punishment prescribed then, transportation “beyond the seas for the term of his or her natural life”, was amended to life imprisonment in 1955.
  • The provision was extensively used to curb political dissent during the Independence movement. Several pre-independence cases involving Section 124A of the IPC are against celebrated freedom fighters, including Bal Gangadhar Tilak, Annie Besant, Shaukat and Mohammad Ali, Maulana Azad and Mahatma Gandhi. It is during this time that the most notable trial on sedition — Queen Empress v. Bal Gangadhar Tilak — took place in 1898.
  • The Constituent Assembly debated including sedition as an exception to the fundamental right to freedom of speech and expression, guaranteed in the Constitution, but several members vehemently disagreed and the word is not included in the document.
VALUE ADDITION

Sedition laws in other countries

In the United Kingdom, the sedition law was officially repealed under Section 73 of the Coroners and Justice Act, 2009, citing a chilling effect on freedom of speech and expression. The common law on sedition, which is traced to the Statute of Westminster, 1275, when the King was considered the holder of Divine right, was termed “arcane” and “from a bygone era when freedom of expression wasn’t seen as the right it is today.”

In the United States, sedition is a federal felony under the Federal Criminal Code, Section 2384, and is now being used against rioters involved in the January 6 attack on the Capitol. Despite the First Amendment that forbids any restrictions on free speech, “conspiracy to interfere directly with the operation of the government” and not just speech is considered sedition.

THE ENVIRONMENT AND ECOLOGY

2. SHALLOW AND DEEP ECOLOGISM

THE CONTEXT: Heat waves are known to have been a reality for hundreds of years. But the long-term effects of climate change have exacerbated them, making the waves more extreme, frequent and prolonged. As India continues to grapple with the unrelenting waves, it becomes pertinent to unpack two strands of environmental philosophy that reinvent the relationship between nature and humans — shallow and deep ecologism.

THE EXPLANATION:

  • The concepts emerged in the 1970s, when Norwegian philosopher Arne Naess sought to look beyond the popular pollution and conservation movements of his milieu to address environmental degradation.
  • In his study of ecological concerns, Naess is more preoccupied with the role of the individual in nature. He believes that owing to increased anthropocentrism, humans have cut themselves off from nature, viewing nature and themselves as competing entities and establishing a master-slave dynamic.
  • By placing humans at the heart of the environmental crisis, Naess outlines the difference between the two styles of ecologism. He terms the powerful and fashionable fight against pollution and resource depletion as shallow ecologism or environmentalism.
  • Exponents of this philosophy believe in continuing our present lifestyle, but with specific tweaks aimed at minimizing the damage to the environment. Also referred to as weak ecologism, it may include the use of vehicles that cause less pollution or air conditioners that do not release chlorofluorocarbons (CFCs).
  • This branch of ecologism primarily serves to maintain the lifestyle of those dwelling in developed countries.
  • Deep ecologism believes that humans should radically change their relationship with nature. Its proponents reject shallow ecologism for prioritising humans above other forms of life, and subsequently preserving the environmentally destructive way of life in modern societies.
  • Deep ecologism maintains that by sustaining this lifestyle, shallow ecologism further widens the inequalities between countries.
  • A narrow focus on pollution and conservation movements is counterproductive. A holistic perspective to environmental crisis is one that acknowledges regional differences and the disparities between under and over-developed nations.

3. WMO REPORT: BELOW NORMAL MERCURY IN INDIA FROM 2022 TO ’26

THE CONTEXT: In the latest Global Annual to Decadal Climate Update, the 2022 will be cooler (compared to the 1991 – 2020 average) over India, along with Alaska and Canada: WMO

THE EXPLANATION:

  • In a rare trend, India could be among the few regions globally where below normal temperatures have been predicted for this year and the next four years, the decadal climate outlook report issued by the World Meteorological Organisation (WMO) has stated.
  • In the latest Global Annual to Decadal Climate Update, the WMO said that 2022 will be cooler (compared to the 1991 – 2020 average) over India, along with Alaska and Canada.
  • One of the primary reasons for lowering of temperatures over India from next year is the possible increase in rainfall activity in this decade.
  • In April this year, the India Meteorological Department (IMD) had said that the Indian monsoon will soon enter the positive epoch after remaining under a negative epoch since 1971.
  • The future trend suggests that the decadal mean value will be close to near normal during 2021 to 2030. It will then turn positive, meaning that the decade 2031-2040 will be the beginning of a wet epoch.

THE ECONOMIC DEVELOPMENT

4. RUPEE FELL ON SPILLOVER EFFECTS OF STRONG DOLLAR

THE CONTEXT: The rupee’s fall to all-time lows and the decline in India’s forex reserves is not driven by capital outflows, but the spillover effects of a stronger U.S. dollar.

THE EXPLANATION: The RBI had been intervening in the forex markets since 9 May, the idea was not to hold or aim to keep the rupee at a certain level but to prevent ‘jerky’ moves, an official aware of the rationale for the interventions pointed out.

  • There is no fixation about any particular value… it’s not as if there is an attempt to resist levels being breached, but they should not be jerky movements, adding that the interventions had helped the currency appreciate to 77.25 to a dollar on Wednesday, from Monday’s record low of 77.46.
  • Dismissing speculation that the forex reserves had fallen below $600 billion due to such market interventions, the official said the scale of interventions were not that large and the dip was mainly attributable to valuation losses in forex holdings in non-dollar currencies as the dollar was appreciating against advanced economy currencies as well.
  • There are adequate reserves to fund 18 months of imports, FDI levels are as high as last year and foreign institutional investors are making a beeline for Indian debt now.

THE SCIENCE AND TECHNOLOGY

5. NATIONAL TECHNOLOGY DAY

THE CONTEXT: Prime Minister of India on 11 May paid tribute to India’s scientists and their efforts behind the successful nuclear tests in 1998 on the occasion of National Technology Day.

THE EXPLANATION:

  • The day is observed to mark the successful nuclear tests in Pokhran.
  • India conducted Pokhran-II tests, a series of five nuclear explosions, in May 1998 at the Indian Army’s Pokhran Test Range in Rajasthan. National Technology Day is observed every year on May 11 as a reminder of the anniversary of the Pokhran-II tests.
  • National Technology Day is celebrated with a new and different theme every year. This year’s theme is ‘Integrated Approach in Science and Technology for a Sustainable Future’.

THE MISCELLANEOUS

6. INDIA ELECTED AS CHAIR OF ASSOCIATION OF ASIAN ELECTION AUTHORITIES FOR 2022-24

THE CONTEXT: India has been unanimously elected as the new Chair of the Association of Asian Election Authorities (AAEA) for 2022-2024.

THE EXPLANATION:

  • India was elected at the recently held meeting of the executive board and general assembly at Manila, the Philippines on May 7.
  • Commission on Elections, Manila was the current chair of AAEA.
  • The new members in the executive board now include Russia, Uzbekistan, Sri Lanka, the Maldives, Taiwan and the Philippines.

THE PRELIMS PRACTICE QUESTIONS

QUESTION FOR 12th MAY 2022

Q. Consider the following statements about provisions under Medical Termination of Pregnancy (Amendment) Act, 2021:

  1. Opinion of one Registered Medical Practitioner (RMP) for termination of pregnancy up to 24 weeks of gestation.
  2. Opinion of two RMPs for termination of pregnancy of 24-28 weeks of gestation.
  3. Opinion of the State-level medical board is essential for a pregnancy to be terminated after 28 weeks in case of substantial foetal abnormalities.

Which of the statements given above is/are incorrect?

a) 1 only

b) 1 and 2 only

c) 2 and 3 only

d) 1, 2 and 3

 

ANSWER FOR THE 11TH OF MAY

Answer: A

Explanation:

  • African swine fever (ASF) is a highly contagious and deadly viral disease affecting both domestic and feral swine of all ages.
  • It was first detected in Africa in the 1920s.
  • ASF is not a threat to human health and cannot be transmitted from pigs to humans.
  • It is not a food safety issue.
  • ASF is found in countries around the world.
  • The disease was first reported in November-December 2019 from the areas of China bordering Arunachal Pradesh.



Ethics Through Current Developments (12-05-2022)

  1. Overcoming constraints to spiritual awakening READ MORE
  2. Non-violence: the essence of the culture of peace READ MORE
  3. TN: ‘Poor Police Accountability Leads to Human Rights Violation’ READ MORE



Today’s Important Articles for Geography (12-05-2022)

  1. Climate crisis: Invest in a holistic approach READ MORE
  2. India Eases Green Rules for Coal Mines to Tackle Fuel Crisis READ MORE



Today’s Important Articles for Sociology (12-05-2022)

  1. Psychiatrists warn of internet addiction in children READ MORE
  2. Upwardly mobile: Digital empowerment of citizens a work in progress READ MORE
  3. A Caste Census Is the Answer to the Impasse Over Political Reservations for OBCs READ MORE



Today’s Important Articles for Pub Ad (12-05-2022)

  1. Frozen sedition: The Government must heed the spirit of SC order and help prevent misuse of sedition law READ MORE
  2. Don’t just reform – remove: Even a changed sedition law will be misused. SC’s review must end in scrapping Section 124A READ MORE
  3. Power overreach strains Centre-state ties READ MORE
  4. WHO estimate and the problem with data in India READ MORE
  5. Regulators don’t need constitutional status READ MORE



WSDP Bulletin (12-05-2022)

(Newspapers, PIB and other important sources)

Prelim and Main

  1. Shallow and deep ecologism READ MORE
  2. Explained: What is the sedition law, and why Supreme Court’s fresh directive is important READ MORE
  3. WMO report: Below normal mercury in India from 2022 to ’26 READ MORE
  4. 70% infections can be prevented if good hand hygiene is followed, says WHO READ MORE
  5. What Is Omicron’s Future? And Will the Delta Variant Stage a Comeback? READ MORE
  6. National Technology Day: Everything you need to know READ MORE
  7. India elected as Chair of Association of Asian Election Authorities for 2022-24 READ MORE

Main Exam    

GS Paper- 1

  1. Psychiatrists warn of internet addiction in children READ MORE
  2. Upwardly mobile: Digital empowerment of citizens a work in progress READ MORE
  3. A Caste Census Is the Answer to the Impasse Over Political Reservations for OBCs READ MORE

GS Paper- 2

POLITY AND GOVERNANCE

  1. Frozen sedition: The Government must heed the spirit of SC order and help prevent misuse of sedition law READ MORE
  2. Don’t just reform – remove: Even a changed sedition law will be misused. SC’s review must end in scrapping Section 124A READ MORE
  3. Power overreach strains Centre-state ties READ MORE
  4. WHO estimate and the problem with data in India READ MORE
  5. Regulators don’t need constitutional status READ MORE

SOCIAL JUSTICE

  1. Still a long way for termination as an unconditional right READ MORE
  2. Delhi HC delivers split verdict on marital rape READ MORE

INTERNATIONAL ISSUES

  1. The Ukraine war will impact Asian politics READ MORE

GS Paper- 3

ECONOMIC DEVELOPMENT

  1. Heading for GST Exit READ MORE
  2. Reviving rural consumption likely to be a long haul READ MORE

ENVIRONMENT AND ECOLOGY

  1. Climate crisis: Invest in a holistic approach READ MORE
  2. India Eases Green Rules for Coal Mines to Tackle Fuel Crisis READ MORE

SECURITY

  1. India’s critical need for cyber doctrine READ MORE

GS Paper- 4

ETHICS EXAMPLES AND CASE STUDY

  1. Overcoming constraints to spiritual awakening READ MORE
  2. Non-violence: the essence of the culture of peace READ MORE
  3. TN: ‘Poor Police Accountability Leads to Human Rights Violation’ READ MORE

Questions for the MAIN exam

  1. ‘Sustaining GST requires restoring trust in the Centre-state relationship’. In the light of the statement highlights the issue with this tax regime and how a fundamental reset of the Union-States relationship can fix them?
  2. ‘In a democratic country, there must not be any space for sedition’. Critically Examine.

QUOTATIONS AND CAPTIONS

  • Hostility and hatred are no match for justice; they offer no pathway to peace.
  • The Government must heed the spirit of the SC order and help prevent misuse of sedition law.
  • Despite amendments, the Medical Termination of Pregnancy Act does not foreground the woman’s right to decide.
  • While access to abortion has been available under the legal regime in the country, there is a long road ahead before it is recognised as a right of a person having the capacity to become pregnant to decide, unconditionally, whether a pregnancy is to be continued or not.
  • GST isn’t just about economic efficiency conceived by technocrats. Sustaining it requires restoring trust in the Centre-state relationship.
  • Fixing GST requires a fundamental reset of the Union-states relationship and nurturing it back to a state of mutual trust and respect.
  • The rising mercury put stress on the coal-fired energy systems, indicating how much climate action and energy transition needs are intertwined.
  • With its humongous consumer base, the country needs to focus on the productive utilisation of mobile data to leverage its digital gains.
  • The government needs to understand that better official statistics are required not just to counter estimates by global agencies. It is required for better policymaking.
  • Keeping the WHO pandemic death estimates aside, the bigger issue that has cropped up time and again is the reliability of India’s official numbers in many areas.
  • At present, storing specific data may prove effective to prevent cybercrimes or incidents.
  • If we are to improve the democratic foundations of our country, there must not be any space for sedition.
  • Dissent, criticism and differences of opinion are vital for the functioning of any democracy.
  • Accountability and transparency are effective ways of ensuring that they remain truly independent.

50-WORD TALK

  • The Supreme Court should be complimented for taking a clear and historic position to keep the sedition law in abeyance. It should follow this up with lower courts to speedily free those languishing in jails for sedition. Modi government should use this opening to bury this obnoxious law for good.

Things to Remember:

  • For prelims-related news try to understand the context of the news and relate with its concepts so that it will be easier for you to answer (or eliminate) from given options.
  • Whenever any international place will be in news, you should do map work (marking those areas in maps and exploring other geographical locations nearby including mountains, rivers, etc. same applies to the national places.)
  • For economy-related news (banking, agriculture, etc.) you should focus on terms and how these are related to various economic aspects, for example, if inflation has been mentioned, try to relate with prevailing price rises, shortage of essential supplies, banking rates, etc.
  • For main exam-related topics, you should focus on the various dimensions of the given topic, the most important topics which occur frequently and are important from the mains point of view will be covered in ED.
  • Try to use the given content in your answer. Regular use of this content will bring more enrichment to your writing.



Day-202 | Daily MCQs | UPSC Prelims | INDIAN MODERN HISTORY

[WpProQuiz 221]

 




THE SUSPENSION OF RUSSIA FROM THE UNHRC

THE CONTEXT: United Nations General Assembly (UNGA) on 07 April 2022 suspended Russia from the UN Human Rights Council over reports of gross and systematic violations and abuses of human rights by invading Russian troops in Ukraine. This article analyses the issue in detail.

AN ANALYSIS OF THE DEVELOPMENT

REASONS BEHIND THE SUSPENSION:

  • Russia was suspended from the UN Human Rights Council after the 193-member General Assembly voted to adopt a resolution moved by the United States over allegations that Russian troops killed civilians while pulling back from towns around the Ukrainian capital of Kyiv.
  • In the 193-member UNGA, 93 nations voted in favour of the resolution, while 24 were against it. Fifty-eight countries, including India, abstained from the process.
  • This met the two-thirds majority benchmark in which only the voting members, not abstentions, are counted from the 193-member General Assembly.

THE PROCEDURE AND HISTORY:

  • As per the rules, the United Nations General Assembly (UNGA) can suspend the rights and privileges of any Council member that it decides has persistently committed gross and systematic violations of human rights during its term of membership.
  • To suspend a member, one needs a two-thirds majority vote by the General Assembly.
  • This is only the second time the UNGA has suspended a country from the 47-member UN Human Rights Council after its formation in 2006. In 2011, Libya was thrown out through a resolution adopted by UNGA through consensus.
  • But for the first time, one of the permanent members has lost its membership rights in a UN body.

INDIA’S STAND:

  • India chose to abstain from the vote, saying that any such decision must follow the “due process” of investigation first. However, India also sharpened its criticism of Russia by reiterating the need to respect the three red lines in international relations:
  • Respect for the sovereignty and territorial integrity of states”,
  • “UN Charter” and
  • International law

AN ANALYSIS OF THE VOTE:

  • Less than half the members of the UNGA voted in favour of the resolution, but it was enough to pass the resolution. The Russian permanent mission to the UN voiced its opinion on the social media platform that the adoption of the resolution was an “illegal and politically motivated step” to punish a country that pursues an independent foreign policy and also announced that Russia was voluntarily “terminating” its membership in UNHRC with immediate effect.
  • Some countries even voted against the resolution for the reasons being:
  • Heavier pressure from Russia for outright opposition to the resolution, rather than abstentions especially the countries having close ties with Moscow.
  • The precedent of removing a country from the UNHRC because of human rights violations – while it may seem like an obvious step – would be controversial for a number of countries such as Kazakhstan and Uzbekistan both have faced criticisms for violations of human rights at home (both are members of UNHRC currently).
  • Though Russia was in its second year of a three-year term on the Geneva-based council, which cannot make legally binding decisions. However, the council’s decisions send important political messages and can authorise investigations.
  • Furthermore, India abstained from the resolution albeit reiterating the condemnation of the civilian killings in Bucha and supported the call for an independent investigation.

THE UNITED NATIONS HUMAN RIGHTS COUNCIL

ABOUT: The Human Rights Council is an inter-governmental body within the United Nations system responsible for strengthening the promotion and protection of human rights around the world.

FORMATION:

  • The Council was created by the United Nations General Assembly in 2006. It replaced the former United Nations Commission on Human Rights.
  • The Office of the High Commissioner for Human Rights (OHCHR) serves as the Secretariat of the Human Rights Council.
  • Headquartered in Geneva, Switzerland.

MEMBERS:

  • It is made up of 47 United Nations Member States which are elected by the UN General Assembly (UNGA).
  • The Council’s Membership is based on equitable geographical distribution. Seats are distributed as follows:
  • African States: 13 seats
  • Asia-Pacific States: 13 seats
  • Latin American and the Caribbean States: 8 seats
  • Western European and other States: 7 seats
  • Eastern European States: 6 seats
  • The UNGA takes into account the candidate States’ contribution to the promotion and protection of human rights, as well as their voluntary pledges and commitments in this regard.

MECHANISMS:

  • Universal Periodic Review: UPR serves to assess the human rights situations in all United Nations Member States. Currently, no other universal mechanism of this kind exists.
  • Advisory Committee: It serves as the Council’s “think tank” providing it with expertise and advice on thematic human rights issues.
  • Complaint Procedure: The complaint procedure addresses communications submitted by individuals, groups, or non-governmental organizations that claim to be victims of human rights violations or that have direct, reliable knowledge of such violations.
  • The Council also established various subsidiary expert mechanisms to provide the Council with thematic expertise and forums providing a platform for dialogue and cooperation. These bodies focus mainly on studies, research-based advice, or best practices.

THE SIGNIFICANCE OF THE UNHRC

UNHRC has played the role of a political platform that aims to ensure that human rights remain a top priority within the UN.

GLOBAL REACH: UNHRC has a wide mandate which facilitates it to respond to human rights cases across the globe. In doing so, it also brings the members of civil society together for voicing concerns related to human rights in their respective local regions.

SPECIAL PROCEDURES:

  • The Human Rights Council’s Special Procedures mandate-holders are made up of special rapporteurs, independent experts, or working groups composed of five members who are appointed by the Council and who serve in their personal capacity. Special procedures undertake country visits; act on individual cases and concerns of a broader, structural nature by sending communications to States and other actors bringing alleged violations or abuses to their attention
  • These independent experts report at least once a year to the Council on their findings and recommendations, as well as to the UN General Assembly. At times they are the only mechanism alerting the international community to certain human rights issues.
  • There are two types of Special Procedures mandates: the thematic mandates, such as water and sanitation, arbitrary detention, the rights of migrants, violence against women, torture, and human trafficking, and the country-specific mandates.

UNIVERSAL PERIODIC REVIEW:

  • The Universal Periodic Review motivates nation-level dialogues on human rights and also mandates that every UN member state examines human rights on a regular basis. It ensures transparency and accountability in the functioning of UNHCR.
  • i.e. the Universal Periodic Review (UPR) is a unique process which involves a review of the human rights records of all UN Member States. The UPR is a State-driven process, under the auspices of the Human Rights Council, which provides the opportunity for each State to declare what actions they have taken to improve the human rights situations in their countries and to fulfill their human rights obligations.

CONDEMNING THE VIOLATIONS: In the recent past, the resolutions adopted by the UNHRC have highlighted and condemned distinctive violations despite the efforts to the contrary by some members of the HRC. For example, in the midst of the Arab Spring, the Human Rights Council voted unanimously to suspend Libya’s membership. More recently, the Council did not permit Syria to bid for a seat on grounds of human rights violations and appointed an investigation there.

ISSUE-BASED COALITIONS: There are an increasing number of countries from all parts of the world which have started working together to further human rights, irrespective of their shared history and regional politics. The regional bloc voting practices have become a matter of the past and considered discussion along with collective action is becoming possible.

DEBATE ON CONTROVERSIAL SUBJECT AREAS: Controversial subject areas have also been addressed at the HRC, including LGBTIQ rights and religious discrimination. South Africa’s efforts to acknowledge the rights of LGBTIQ faced strong opposition from neighbouring countries but it was supported by far-away countries like Brazil, Colombia, the United States, and many others.

THE CRITICISM OF THE UNHRC

BIASED FOCUS ON THE ISRAEL-PALESTINE CONFLICT CESSPOOL OF POLITICAL BIAS: The UNHRC is accused of an anti-Israel bias as it passes resolutions that focus on alleged Israeli human rights violations while ignoring similar allegations against the Palestinian side. Most recently the 49th session of UNHRC that ended on 01 April 2022 passed a total of 35 resolutions and 3 of them were concerned with the Israel-Palestine issue (All 3 of them were in favour of Palestine).

MEMBERS WITH QUESTIONABLE HUMAN RIGHTS RECORDS: Just like the UN Commission on Humans Rights, the UN Human Rights Council also elects members like China, Pakistan, and Russia who have poor or questionable track records on Human rights. It raises questions on how effective or unbiased the organisation is.

IGNORANCE OF OTHER HUMAN RIGHTS ISSUES: It was reported in 2008 that the UNHRC was being controlled by a few Middle-East and African nations with support from China and Russia, in order to shield each other from criticism.

LACK OF STANDARDS: The USA withdrew from the council during the Trump regime but again joined the present regime. The powerful member nations taking such steps also undermine the credibility of the global body.

GLOBAL REPRESENTATION: Although the geographical quota system addresses the disparities in global representation, it is also the Council’s most serious flaw. With a few honourable exceptions, the overwhelming majority of countries outside Western Europe and other groupings have flawed-to-abysmal human-rights records and policies. Many are not democracies. Few have representative governments. Fewer still have an incentive to pursue and commit to universal human rights.

INDIA AND THE UNHRC

  • India was elected for the sixth time to the Council for a three-year term with an overwhelming majority that began on January 1, 2022.
  • As part of the third stage of the Universal Periodic Review (UPR) process, India’s National Human Rights Commission delivered its mid-term report to the Council in 2020.
  • A number of UN Special Rapporteurs have also written to the Indian government, voicing their concerns about the draft Environment Impact Assessment (EIA) notification 2020. Though there are several concerns with the draft, a few of which are related to human rights are mentioned below:
  • Opens the Floodgates of Violations: The environmental lawyers have argued that the Post-Facto Clearance of the Projects is likely to encourage industries to commence operations without bothering clearance and eventually get regularized by paying the penalty amount and thus opening the floodgates of violations.
  • Strengthens the Government but Weakens the Public: The draft offers no remedy for the political and bureaucratic stronghold on the EIA process, and thereby on industries. Instead, it proposes to bolster the government’s discretionary power while limiting public engagement in safeguarding the environment. Also, the draft, by limiting public consultation, is not in consonance with protecting the rights of tribals, among others.
  • Reduced Time means Reduced Awareness: The reduced notice period for a public hearing from 30 days to 20 days will only make it difficult to study the draft EIA report, more so when it is not widely available or provided in the regional language. Moreover, the reduction of time would particularly pose a problem in those areas where information is not easily accessible or areas in which people are not that well aware of the process itself.
  • UNHRC Chief also voiced concerns and criticisms against India on various occasions such as:
  • The impact of actions by the government of India on the human rights of the Kashmiri people, including restrictions on internet communications and peaceful assembly, and the detention of local political leaders and activists.
  • Arbitrary use of the Unlawful Activities (Prevention) Act throughout India.
  • The National Register of Citizens verification process in the northeast Indian state of Assam, caused great uncertainty and anxiety among the people.
  • The unprecedented farmers’ agitation at the borders of the national capital over the three farm laws also drew the attention of the UN human rights chief.
  • India was quick and firm to present counter statements in defence of India’s stand on such issues and stated that:
  • The UNHRC needs to be uniform, consistent, and even-handed when it comes to human rights abuse or denial of civil rights to people across the world and should not resort to a selective approach to seeking accountability for civil rights from different member states.
  • India is also of the view that human rights shall be implemented in a non-selective manner and with due respect to non-interference in internal affairs.

THE RECENT DEVELOPMENTS

  • India recently abstained from a vote at the United Nations Human Rights Council in Geneva. The Council passed a resolution calling for the formation of an international commission to investigate Russia’s conduct in Ukraine.
  • India abstained from voting on resolutions concerning the Russia – Ukraine crisis, on as many as six occasions including the International Atomic Energy Agency (IAEA) resolution concerning the safety of four nuclear power plants and a number of nuclear waste sites, including Chernobyl, because the Russians had taken control of them.

 THE WAY FORWARD – IMPROVING THE WORKING OF UNHRC

  • The impact of the crisis had been felt beyond the region, with increasing food and energy costs, especially for developing countries, and it is in everyone’s collective interest to work constructively, within the UN and outside, towards seeking an early resolution to the conflict.
  • No solution can be arrived at, by shedding blood and at the cost of innocent lives and it is peremptory to choose the side of peace and collectively work towards an immediate end to violence.
  • UNHRC does not have a separate Secretariat. Though UNHRC and OHCHR function in tandem, both the bodies should have separate specialized secretariat staffs which will further enhance their functioning.
  • The decisions on resolutions of the UNHCR are taken, based on the voting of the member nations. Consensus building might prove to be a more feasible approach in a multilateral body.
  • To strengthen the global trust in the organisation it is imperative not to have a nation with a bad human rights record as a member of UNHRC.

THE CONCLUSION: Over a decade ago, when the UNHRC recommended the suspension of Libya to the General Assembly, there had been no vote since the resolution was adopted by consensus. The resolution against Russia is passed with 93 votes in favour, 24 against, and 58 abstentions i.e with consensus. A hasty move at the General Assembly, which forces countries to choose sides, will aggravate the division among member states, intensify the confrontation between the parties concerned, and could be adding fuel to the fire. The move to expel Russia may not contribute to reaching a peaceful resolution of the Ukraine war and could further escalate the polarisation in the international community. The credibility and legitimacy of the multilateral platforms will be enhanced with concrete steps to end the conflict, merely ousting a member would not be sufficient. The response/retaliation from Russia is yet to be seen which will further define the course of history.

Mains Practice Questions:

  1. “The human rights record of some of the member-states in the council has not been in line with the aims and mission of the UNHRC, which has led to critics questioning its relevance.” In the light of the given statement critically examine the relevance of UNHRC in contemporary times.
  2. “Despite the continued participation of several western countries in the UNHRC, they continue to harbour misgivings on the understanding of Human rights.” Elaborate.