LOST VOICE: ON INDIA’S ABSTENTION ON THE GAZA VOTE AT THE UN

THE CONTEXT: India has explained its decision to abstain at last week’s vote at the UN General Assembly (UNGA) for a ceasefire in the Israel-Palestine conflict as its way of protesting the omission of any “explicit condemnation” of the heinous October 7 terror attack by Hamas militants on Israel.

ABOUT UNGA:

It was established in 1945 under the Charter of the United Nations. It Comprised of all 193 Members of the United Nations. The United Nations General Assembly (UNGA) is the main deliberative, policymaking and representative organ of the UN.

The functions and powers of the UNGA:

Elect the non-permanent members of the Security Council and the members of other United Nations councils and organs and, on the recommendation of the Security Council, appoint the Secretary-General.
Consider and make recommendations on the general principles of cooperation for maintaining international peace and security, including disarmament.
Discuss any question relating to international peace and security and, except where a dispute or situation is currently being discussed by the Security Council, make recommendations on it.
Initiate studies and make recommendations to promote international political cooperation, codification of international law, the realization of human rights and fundamental freedoms, etc.
Make recommendations for the peaceful settlement of any situation that might impair friendly relations among countries.
Consider reports from the Security Council and other United Nations organs.

INDIA’S STAND:

India said that the resolution did not mention Hamas and that the UN needs to send a clear message against terror.
India is concerned about the security situation and called for all parties to exercise
India referred to the need for an “early solution” to the humanitarian and security situation.
India has always supported a negotiated Two-State solution to the Israel-Palestine issue leading to the establishment of a sovereign, independent and viable State of Palestine living within secure and recognized borders, side-by-side in peace with Israel.

HISTORY:

Emergence of Hamas (1987): In 1987, amidst the First Intifada (Palestinian uprising). Hamas was founded by Sheikh Ahmed Yassin. This political and military organisation emerged as a counterforce to the secular Palestine Liberation Organisation (PLO), seeking to establish as Islamic state.
Impact of Intifadas and peace Efforts: The two Palestinian uprisings, known as’ intifadas (1987-1993 and 2000-2005), profoundly influenced Israeli-Palestinian relations. The second intifada effectively ended the peace process initiated in the 1990, leading to the renewed era of conflict.

THE MAJOR POINTS OF CONFLICT:

Two-state solution: An agreement that would create a state for the Palestinians in the West Bank and Gaza Strip alongside Israel. Israel has said that a Palestinian state must be demilitarized so as not to threaten its security.
Settlements:Most countries deem Jewish settlements built on land Israel occupied in 1967 as illegal. Continued settlement expansion is among the most contentious issues between Israel, the Palestinians and international community.
Jerusalem: Palestinians want East Jerusalem, which includes the walled Old City’s sites sacred to Muslims, Jews and Christians alike, to be the capital of their state. Israel says Jerusalem should remain its “indivisible and eternal” capital.
Refugees: Today about 5.6 million Palestinian refugees – mainly descendants of those who fled in 1948 – live in Jordan, Lebanon, Syria, the Israeli-occupied West Bank and Gaza. About half of registered refugees remain stateless.

THE WAY FORWARD:

The two-state solution calls for establishing an independent state for Palestinians alongside. that of Israel.

The issue of equal rights for both Palestinians and Israelis can no longer be ignored. We need a new paradigm that emphasizes a rights-based approach, regardless of solution.

India could have explored other options to register reservations regarding the UNGA resolution than abstention like France which used the “Explanation of Vote (EoV)” method.

THE CONCLUSION:

India’s abstention in the recent UN General Assembly vote reflects its balanced and nuanced approach to international conflicts. While it has drawn criticism from some quarters, it underscores India’s commitment to principles of diplomacy and its focus on a negotiated resolution to complex global issues.

PREVIOUS YEAR QUESTION:

Q) “India’s relations with Israel have, of late, acquired a depth and diversity, which cannot be rolled ” Discuss. (2018)

MAINS PRACTICE QUESTION:

Q) “The government lost an opportunity to make India’s voice heard in the growing geopolitical conflict”. Discuss in the context of India’s abstention from the recent UNGA resolution related to Israel -Palestine conflict.

SOURCE: https://www.thehindu.com/opinion/editorial/lost-voice-on-indias-abstention-on-the-gaza-vote-at-the-un/article67477119.ece

INDIANS ARE CHOKING ON POLLUTION. HOW CAN IT BE STOPPED?

THE CONTEXT: A recent report of the Air Quality Life Index (AQLI), published by Michael Greenstone from the Energy Policy Institute of the University of Chicago (EPIC), estimated that Indians were losing 5.3 years of life expectancy on average due to the health effects of air pollution.

SOME FINDINGS OF AIR LIFE QUALITY INDEX

India ranked second among the countries worst hit by air pollution with Bangladesh topping the list. Nepal ranked third followed by Pakistan and Mongolia.
Particulate pollution has increased 9.7 percent from 2013 to 2021 in South Asia. In India, PM2.5 levels rose 9.5 percent; in Pakistan 8.8 percent; and in Bangladesh, levels rose by 12.4 percent over this same time interval.
Pollution in India has increased from 56.2 µg/m3 in 2020 to 58.7 µg/m3 in 2021. This is more than 10 times the WHO guideline of 5 µg/m3.

AIR QUALITY LIFE INDEX (AQLI)

AQLI measures the impact of particulate pollution on life expectancy. It is released by Energy Policy Institute at University of Chicago (EPIC).
It aims to quantify the causal relationship between long-term human exposure to air pollution and life expectancy.

NATIONAL AIR QUALITY INDEX?

It is developed in 2014 by the CPCB in consultation with IIT-Kanpur and an expert group comprising medical and air-quality professionals.
The measurement of air quality is based on eight pollutants, namely: Particulate Matter (PM10), Particulate Matter (PM2.5), Nitrogen Dioxide (NO2), Sulphur Dioxide (SO2), Carbon Monoxide (CO), Ozone (O3), Ammonia (NH3), and Lead (Pb).
AQI has six categories of air quality. These are: Good, Satisfactory, Moderately Polluted, Poor, Very Poor and Severe.

SOURCES OF AIR POLLUTION

Sources of both ambient (outdoor) and household (indoor) air pollution are well recognised.
The sources of emissions vary across different regions of India and between urban and rural areas.
Household air pollution comes from the use of biomass fuels and open fire-cooking stoves.
Diesel fuel emissions, and road and construction dust are important contributors year-round, with stubble burning as a seasonal culprit.
Particulate matter comes from

1. Line sources (vehicles)
2. Point sources (power plants, factories)
3. Area sources (garbage dump sites, sewage treatment plants)
4. Natural sources (forest fires, volcanic eruptions).

CAUSES OF AIR POLLUTION

Geographical causes: Geographically, the landlocked Indo-Gangetic plain has the highest levels of pollution as it lacks the dispersal that sea breeze brings to coastal areas.
Slow wind flow in winter: The problem is exacerbated during the harsh winter that much of this region experiences, as cold air does not flow easily to disperse pollutants.
Stubble and waste burning: Due to burning of agricultural crop residue during this period and burning of garbage by the urban poor in winters leads to very high AQI levels.

IMPACTS OF AIR POLLUTION

Impact on life expectancy: There is impact on life expectancy with early deaths due to pollution. For example, the estimate for Delhi was worse, with life lost estimated to be 11.9 years. Prolonged exposure to air pollution even at AQI levels declared as “satisfactory” will have adverse health effects.
Impact on health: Apart from the impact on early death, there are severe impacts on health:
- Benzene and formaldehyde from wildfire emissions can lead to cancer. .
- Fine particulate pollution refers to particles less than 2.5 microns being suspended in the air. There is growing concern about “ultra-fine particles” that are smaller than 0.1 microns in diameter and can bypass entrapment in the lungs to enter the bloodstream.
- PM 2.5 can easily enter the circulatory system of humans through the nose and throat. It can cause chronic diseases such as asthma, heart attack, bronchitis and other respiratory problems.PM 2.5 has close link between exposure to fine particles and premature death from heart and lung disease.
- There is an association between mothers’ exposure to fine particles and birth defects. Exposure to air pollution during pregnancy increases the risk of stillbirths, neonatal deaths, low birth weight babies and birth defects.
- Children chronically exposed to air pollution have repeated respiratory infections, susceptibility to asthmatic attacks, lower learning ability and impaired physical growth.
- Long-term exposure to air pollution can raise blood pressure (hypertension), lead to cardiovascular, cerebrovascular and peripheral vascular disease, cause cancers. It can raise the risk of diabetes, dementia and cataracts besides the well-recognised risks of chronic lung disease and asthma.

THE WAY FORWARD:

Align to WHO Standards: India needs to change its approach and bring out effective policies in order to improve air quality and reduce pollutants to levels considered acceptable by the World Health Organisation (WHO). Presently, 22 states meet the national standards of AQI, while 15 do not. None meet the pristine WHO standards.
Rise above personal protection: Personal protection measures have only a limited impact. Severe health consequences of air pollution cannot be mitigated by personal protection measures alone. Clean, public transport and rapid transition away from fossil fuels are much needed.
Technological initiative: There is a need to bring technology to tackle pollution by adopting innovative solutions for in-situ treatment of pollution. For example, the Delhi government is also experimenting with a new organic way of decomposing stubble with Indian Agriculture Research Institute’s “Pusa decomposer”.
Proactive public policy: There is a need to bring efficient public policy for effective enforcement by vigilant monitoring. Also, reliable and regular data flows are needed to frame effective policies to keep our air clean.

THE CONCLUSION:

Air quality has become a serious health issue in the current situation. Hence, awareness and planning are much needed for protecting the environment and human health from the pollution. In this regard, there is a need for concerted and coordinated efforts with active involvement of all the stakeholders.

PREVIOUS YEAR QUESTIONS

Q.1 What are the key features of the National Clean Air Programme (NCAP) initiated by the Government of India? (2020)

Q.2 Describe the key points of the revised Global Air Quality Guidelines (AQGs) recently released by the World Health Organisation (WHO). How are these different from its last update in 2005? What changes in India’s National Clean Air Programme are required to achieve revised standards? (2021)

MAINS PRACTICE QUESTION

Q.1 Recently, the report of the Air Quality Life Index (AQLI) was published which indicated high pollution level in India. In this respect, highlight the causes of air pollution in Indo-Gangetic plain and its impacts on human health. What measures need to be taken to address the problem of air pollution in India?

Note: Refer to mains focus article for more information: https://blog.lukmaanias.com/2023/10/27/why-mumbai-is-witnessing-more-poor-air-quality-days/

Source: https://indianexpress.com/article/opinion/columns/indians-are-choking-on-pollution-how-can-it-be-stopped-9006506/

TIME AND CHANGE: ON THE PARLIAMENTARY STANDING COMMITTEE ON HOME AFFAIRS AND NEW CRIMINAL LAWS

THE CONTEXT: The Parliamentary Standing Committee on Home Affairs postponed its adoption of a draft report on three Bills seeking to replace the existing criminal laws, after pressure from the Opposition seeking more time to examine it.

WHY WERE THE BILLS INTRODUCED?

To undo colonial legacy: The existing criminal justice system was designed with the purpose of ruling the nation to serve British powers. The system of criminal justice delivery now has become less effective to serve its desired purpose, based on the current situation.
Ineffective criminal justice system: There is increasing pressure on the judiciary with huge pendency which obstructs delivery of justice. Another issue is of huge undertrials as according to National Crime Records Bureau (NCRB)-Prison Statistics India, 67.2% of our total prison population comprises of under trial prisoners. These indicate the inefficiency of our criminal justice system.
To increase the confidence of the common public: The existing criminal justice system has become a tool for harassing common people. There is a need to overhaul the current criminal justice system to increase the confidence of the common public in the laws of the country.

ISSUES RAISED BY THE OPPOSITION

Inadequate consultation: Opposition members raised issue on the speed at which the committee reviewed the Bills without proper stakeholder consultation. There is no adequate consultation of lawyers activists, and members of the subordinate judiciary who would actually work the law and procedure laid down in the codes.
Copy of existing legislation: It is argued that considerable sections of the new laws are mere reproductions of the old Codes. In this case, the government could have sought to amend the laws instead of bringing in new legislation.
Hindi nomenclature: Another major criticism of the Bill is use of the Hindi nomenclature, which is said to be exclusionary for a large section of the country.
Short-term electoral gains: There are issues of deeper scrutiny to bring reform in the criminal justice system. Opposition is blaming the government for hurrying the Bill without proper scrutiny for short-term electoral gains. It is leading to mocking the process of “legislative scrutiny”.

THE WAY FORWARD

Need for wider stakeholder consultation: There should be a wider consultation among all the stakeholders, whether government, activists and all levels of judiciary. It should be done in order to serve the interest of people to deliver effective and quicker justice.
Need of more scrutiny: The Parliamentary standing committee should take more time to study the proposed criminal laws. The extended time should be seen as an opportunity for deeper scrutiny of the Bills to tackle all the issues raised to reform the Bills.
Need of Structural changes: There is a need for structural changes in the criminal justice system of India. There is a need for comprehensive changes in the criminal laws of the country to provide affordable and speedy justice to all and create a people-centric legal structure.
Step towards decolonisation of the Bills: The current Bills is seen as a step towards getting rid of colonial era laws. It is stated that while the aim of the old laws was to protect the British administration, the aim of the new laws is to protect the rights of people. It has potential to enter a new era of criminal justice system to defeat all the forces that prevent people’s rights being taken to them.

THE CONCLUSION:

The whole point of introducing these new criminal codes was to bring about a major overhaul of a body of law deemed to be too colonial in orientation. However, bringing the Bill in a haste without proper consultation is not the solution and there is a need of extensive consultations of all the stakeholders involved for its effective implementation.

PREVIOUS YEAR QUESTIONS

Q.1 We are witnessing increasing instances of sexual violence against women in the country. Despite existing legal provisions against it, the number of such incidences is on the rise. Suggest some innovative measures to tackle this menace. (2014)

Q.2 Mob violence is emerging as a serious law and order problem in India. By giving suitable examples, analyze the causes and consequences of such violence. (2015)

MAINS PRACTICE QUESTIONS

Q.1 The law of the land has to be in tune with the demands of the changing times and nature of complexities in offences. How the proposed Criminal law Bills tend to justify this statement by replacing colonial-era laws. Analyse.

Q.2 The existence of an orderly society depends on the efficient functioning of the Criminal Justice System. Analyze the concerns associated with existing criminal justice system in India. Suggest measures to address the concerns.

Note: Please refer to Mains focus article for more information: https://blog.lukmaanias.com/2023/10/03/criminal-law-bills-and-a-hollow-decolonisation/

SOURCE: https://www.thehindu.com/opinion/editorial/time-and-change-the-hindu-editorial-on-the-parliamentary-standing-committee-on-home-affairs-and-new-criminal-laws/article67473537.ece#:~:text=Panel%20should%20be%20given%20more%20time%20to%20study%20new%20criminal%20laws&text=The%20Parliamentary%20Standing%20Committee%20on%20Home%20Affairs%20has%20postponed%20the,more%20time%20to%20study%20it.

POLITICAL MISINFORMATION IS A PROBLEM. BUT ASKING WHATSAPP TO RISK USER PRIVACY IS THE WRONG SOLUTION

THE CONTEXT: With elections around the corner, addressing political misinformation will understandably remain a policy priority. However, message traceability under the IT Rules, 2021, in the name of preserving election integrity, is a rising concern related to the issue of privacy.

INFORMATION TECHNOLOGY INTERMEDIARY GUIDELINES 2021

These rules have been passed under the Information Technology Act, 2000 and supersede the previously enacted Information Technology (Intermediary Guidelines) Rules 2011.
Broadly, the IT Rules (2021) mandate social media platforms to exercise greater diligence with respect to the content on their platforms.
They are required to establish a grievance redressal mechanism and remove unlawful and unfitting content within stipulated time frames.
The rules stress the point that online content publishers and social media intermediaries should follow the Constitution of the country and subject themselves to domestic laws.

RULE 4(2) OF THE 2021 INFORMATION TECHNOLOGY INTERMEDIARY GUIDELINES

The rule demands that all significant social media messaging entities must have the capability to identify the “first originator of the information” on their platform.
Originator requests can then be invoked either under a court order or by the government using its powers to intercept, monitor or decrypt information.
The stated purposes under Rule 4(2) are to aid in the prevention and investigation of certain types of serious offences. This includes threats to India’s sovereignty, security of the state, public order and sexual offences with imprisonment of over five years.

INFORMATION TECHNOLOGY (INTERMEDIARY GUIDELINES AND DIGITAL MEDIA ETHICS CODE) AMENDMENT RULES 2023

Ministry of Electronics and IT (MeitY) notified the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules 2023 to amend the IT Rules 2021.
This amendment authorises the central government to designate a “fact check unit” to identify “fake or false or misleading” information in respect of “any business of the central government.”
The flagged content must be removed by all intermediaries. These intermediaries include internet service providers (ISPs) and file hosting companies as well.
If any intermediary fails to comply, they will be at risk of losing protections guaranteed by “Section 79 of the IT Act, 2000”. Section 79 of the IT Act, 2000 exempt intermediaries of liability for content posted by its users.

ISSUES ARISING OUT OF REGULATION

Ample scope of misinterpretation: The listed ground for maintenance of public order leaves ample scope for misinterpretation by courts and the government. In this case, tracing encrypted messages can be used for varied purposes and is prone to misuse and can be an excessive intrusion.
Issue with privacy: The provision is primarily meant to target end-to-end encrypted platforms though stated on reasonable grounds but there are issues of implementation. This tends to compromise the privacy of all messaging users in the hope of being able to penalise few. Also, according to the experts, traceability is also unlikely to serve its assigned purpose.
Don’t define the first originator: The IT Rules, 2021 does not define the “first originator” of a message and is prone to be misinterpreted. For instance, a person who copies and pastes an existing message instead of using the forwarding function may become a new originator. Unsuspecting users would come under the fold of this provision, while real culprits can easily evade it by spoofing the identity of another user.
Issue of fake news: Social and digital media have been found to amplify and accelerate the diffusion of misinformation, providing tools for propaganda at an unprecedented scale. Whether used voluntarily or maliciously, deep fakes in the electoral context run the risk of misleading users and influencing their actions.
As a tool of polarisation: Misinformation has become instrument for political parties that is utilized to promote polarization. Therefore, this mechanics of political misinformation and its connections with public opinion formation is a vital challenge for democracy.

THE WAY FORWARD

Need to implement standard practice: There is a need for implementation of standard practice for curbing fake news by bringing comprehensive parliamentary legislation. A lawfully enacted statute would have demanded consideration of less restrictive alternatives to removing misinformation.
Steps by intermediaries: Intermediaries need to come forward and adopt self-regulatory measures to prevent the spread of fake news and misinformation. This can include setting up internal committees to monitor content and fact-checking websites to ensure accuracy to prevent misinformation.
Collaborative Approach: There is a need to develop a concentrated and a collaborative approach by taking into the concerns of stakeholders like the government, intermediaries, and civil society organizations. This can include setting up a joint task force to identify and remove false information and promoting media literacy among the public.
Free and fair election: It is high time that to ensure that the voting is not influenced but people need to vote with own preferences without any influence or bias. For these, measures need to be taken for effective use of social media in elections without any violation of individual rights.
Ensuring privacy: The right to privacy is protected as an intrinsic part of the right to life and personal liberty underArticle 21. It is a sensitive issue and need to be dealt with keeping in the interest of all the stakeholders with an independent and effective oversight mechanism.

THE CONCLUSION:

Though, high quality information and curb on misinformation is critical for the functioning of democracy but censorship in the name of fact checking undermines the democratic principles. Hence, a comprehensive guideline is necessary to put in effect to address both the issue of misinformation and user’s privacy.

PREVIOUS YEAR QUESTIONS

Q.1 Examine the scope of Fundamental Rights in the light of the latest judgement of the Supreme Court on Right to Privacy. (2017)

Q.2 “Recent amendments to the Right to Information Act will have a profound impact on the autonomy and independence of the Information Commission”. Discuss. (2020)

MAINS PRACTICE QUESTION

Q.1 The use of social media as an instrument for polarisation is increasingly being used by political parties. Discuss the impacts of misinformation and fake news on the integrity of the electoral process.

SOURCE: https://indianexpress.com/article/opinion/editorials/remedy-worse-than-malaise-9002600/

A CHINA-INDIA PARTNERSHIP, ITS VAST GLOBAL POTENTIAL

THE CONTEXT: The crisis in Ukraine continues unabated even as new conflict has flared up in West Asia. Traditional and non-traditional security threats are interlocked and global deficits in peace, development, security and governance are growing.

CHINA AND INDIA RELATION:

China and India share common thoughts on the future and destiny of mankind.
The Chinese people have cherished the vision of “a world of fairness and justice for the common good” since ancient times.
In the 1950s, China and India jointly initiated the Five Principles of Peaceful Coexistence. which has turned into basic norms governing international relations.
The Chinese people have cherished the vision of “a world of fairness and justice for the common good” since ancient times.
The Silk Route played a significant role in the cultural exchange between India and other countries, as it facilitated the exchange of ideas, religions, and artistic styles. Buddhism, for instance, spread to Central Asia and China through the Silk Route.
India exported 4,459 commodities to China in FY23. Major exported items from India to China include petroleum products, marine products, organic chemicals.
India imported 7,484 commodities from China in FY23. Major items imported from China include electronic components, followed by computer hardware and peripherals, telecom instruments, organic chemicals and machinery for dairy.
India is the biggest borrower in NDB, with 19 projects approved with a commitment of US$ 6.92 billion as of August 31, 2022.New Development Bank (NDB), which has established its office in Shanghai, opened its India Regional Office in Gujarat International Finance Tec-City in June 2022.

ISSUES:

Border disputes: Border disputes between the two countries have existed since many years, and remain unresolved. While several territorial land pockets (14 divisions) along the 3488-km-long border, (Line of Actual Control) have come under dispute, the two main unresolved issues remain Aksai Chin and Arunachal Pradesh.

Border Incursions: An immediate fallout of the several unresolved territorial claims by both nations, border incursions/intrusions have been a major stumbling block to improving relations between India and China.

Tibet: At the very heart of India’s relations with China is the unresolved issue of Tibet. In 1950, Chinese troops invaded Tibet to reclaim and re-assert its sovereignty (Tibet declared independence from China in 1913) over the region, which was confirmed after both parties signed the Seventeen Point Agreement.

String of pearls: It involves the development of commercial ports in various countries as part of its new “Silk Route”. The route, which China claims as an important trade corridor, extends from its naval base in Hainan Island (South China Sea) to Bagamayo in Tanzania, Africa, with several of the ports encircling mainland India. These include Hambantota (Sri Lanka), Gwadar (Pakistan), Chittagong (Bangladesh) and Marao Atoll (Maldives).

Water Dispute: While China is already involved in several water-sharing disputes with countries like Laos, Cambodia, Thailand and Vietnam over the Mekong River, its plans to build several dams on the upper reaches of the Brahmaputra (known as Tsangpo in China) hasn’t gone down well with New Delhi. The Brahmaputra, which originates as Tsangpo in Tibet, is one of the major water resources in India’s north-east, especially as a source for irrigation and industry.

THE WAY FORWARD:

With a third of the global population, China and India are natural partners in building a global community of a shared future.
China and India could jointly work hand in hand with global development, security an civilisation initiatives to demonstrate the common will and resolution of the Global South countries.
Practice true multilateralism.
A balanced trade and economic relationship between India and China can serve as a strong foundation for future relations.China needs India as a trade partner for increasing its GDP and it cannot afford to lose that since this would witness a great fall in the GDP of the country.
The border dispute that has proved to be the root cause of this conflict needs to be clarified between the two nations.
Lastly, apart from the political, economic, geographical and military solutions, there should be sharing of the cultures of the countries with each other.

THE CONCLUSION:

The two nations have the responsibility, the ability and the opportunity to chart the path for the world with Oriental wisdom.

PREVIOUS YEAR QUESTION:

Q) Critically examine the aims and objectives of SCO. What importance does it hold for India? (2021)

MAINS PRACTICE QUESTON:

Q) “China and India share common thoughts on the future and destiny of mankind”. Discuss in the context of recent developments.

SOURCE: https://www.thehindu.com/opinion/op-ed/a-china-india-partnership-its-vast-global-potential/article67467078.ece

BREAKING THE ICE: HOW INDIA CAN HELP SAVE THE ARCTIC

THE CONTEXT: The impacts of climate change are disproportionately affecting the Global South, and the melting Arctic is no exception. As India takes greater steps towards leading the Global South, it should involve pushing for reforms and ensuring that climate protection is at the forefront of global Arctic policymaking.

ISSUES IN THE ARCTIC REGION:

Rapid warming of ice: The Arctic is warming at a rate four times faster than the global average, leading to an unprecedented loss of sea ice, as well as the thawing of permafrost. It can lead to unleashing of vast quantities of stored carbon and emissions which can trigger multiple catastrophic and irreversible climate tipping points.
Affect Indian monsoon: Recent research shows an intricate correlation between the melting of Arctic sea ice and extreme rainfall events during the Indian summer monsoon. Warming of Arctic can affect the monsoon which is crucial to agriculture and livelihoods of South Asia.
Commercialization of Arctic region: Despite awareness about the importance of the Arctic, the climatic challenge is being exacerbated by rapid development and growing geopolitical tensions. For example, Russia is pouring resources into commercialising and expanding trade channels along the Northern Sea Route which signals its interest in short-term commercial exploitation, not long-term climate preservation. Other Arctic countries are also planning oil and gas development endeavours.
Suspension of Arctic Council: The suspension of the Arctic Council due to the Russian invasion of Ukraine has made it more difficult to hold countries accountable and to monitor wider activity contributing to changes in the Arctic. Also, the Arctic Council does not prohibit the commercial exploitation of resources in the Arctic. It only seeks to ensure that it is done in a sustainable manner without harming the interests of local populations and in conformity with the local environment.

WHAT IS ARCTIC COUNCIL?

Arctic Council was created with the signing of the Ottawa Declaration on 19 September 1996 in Canada and is mandated to protect the Arctic environment.
Its eight members include: Canada, Denmark, Finland, Iceland, Norway, Russia, Sweden and United States.
The standing Arctic Council Secretariat is located in Tromsø, Norway.
It aims to promote cooperation, coordination and interaction among the Arctic States together with the indigenous communities and other Arctic inhabitants.

INDIA AND THE ARCTIC

India holds one of the 13 positions as the Observer in the Arctic Council.
India’s interests in the Arctic region are scientific, environmental, commercial as well as strategic. India launched its first scientific expedition to the Arctic Ocean in 2007.
It opened a research base named “Himadri” at the International Arctic Research Base at Ny-Alesund, Svalbard, Norway in July 2008 for carrying out studies in disciplines like Glaciology, Atmospheric sciences & Biological sciences.
In July 2018, the Ministry of Earth Sciences renamed the “National Centre for Antarctic and Ocean Research” to the “National Centre for Polar and Ocean Research.” It is a nodal organisation coordinating the research activities at the stations at the poles.
In March 2022, the Ministry of Earth Science has unveiled India’s Arctic Policy, titled ‘India and the Arctic: building a partnership for sustainable development’.

THE WAY FORWARD

Need for collective action: As impacts in one region can affect the rest of the world, therefore, consensus-based collective action to mitigate climate impacts in the Arctic is much needed.
Expansion of Arctic Council: The Council does not have any member from the Global South, though some, including India, have observer status. There is a need of inclusion of more members from the global south as they are the most vulnerable to climate change.
India’s role: The active involvement of India as a member of the Arctic Council to voice the environmental concerns can push for an end to further exploitation. India has ability to balance the aspirations of both Global North and Global South, as evidenced at the G20 Summit. It holds the potential to forge a united approach to safeguarding crucial global ecosystems, especially the Arctic. Also, to stay relevant in the Arctic region, India should take advantage of the observer status it has earned in the Arctic Council and consider investing more in the Arctic.
Treat as global common: Instead of creating a potential battleground in the Arctic region, the parties concerned should utilise their expertise and create the required synergy to achieve shared goals. The Arctic region should also be treated as a global common like the Antarctic region, and a treaty on similar lines should be signed to protect the region.

THE CONCLUSION:

The protection of the Arctic region is, therefore, crucial to protect the world from the worst effects of the climate emergency. There is a need to generate unanimity to reform Arctic governance and protect the climate, and the countries involved should have a long-term vision and strategic goals as compared to immediate short-term gains.

PREVIOUS YEAR QUESTIONS

Q.1 What are the main functions of the United Nations Economic and Social Council (ECOSOC)? Explain different functional commissions attached to it. (2017)

Q.2 Discuss the impediments India is facing in its pursuit of a permanent seat in the UN Security Council. (2015)

MAINS PRACTICE QUESTION

Q.1 Rising geopolitical tensions and environmental challenges have made the Arctic region an important concern for humanity. Discuss the role of Arctic Council in addressing these tensions and challenges.

Q.2 Critically examine the role which India can play to preserve and protect the integrity of the Arctic region from international politics and environmental concerns.

SOURCE: https://indianexpress.com/article/opinion/columns/breaking-the-ice-how-india-can-help-save-the-arctic-9001185/

THE VOICE OF A GAZA UNDER OCCUPATION

THE CONTEXT:

While the conflict rages in Gaza amidst allegations and counter allegations, and in the midst of unabashed American partiality, it is relevant to recall what the senior leader of Hamas, Mousa Abu Marzouk, told to The New Yorker magazine about the political approach.

MORE ON THE NEWS:

Abu Marzouk added that in earlier conflicts, the Israelis waged wars outside their borders, and this is the first time that the Palestinians are crossing the borders and fighting in their historic land.
The Israeli response to the Hamas attack has been to order the evacuation of the northern half of Gaza, to enforce it by a blockade, by the cutting off of food, water and electricity as also by the massing of 3,00,000 troops on Gaza’s border.
Israel’s objectives for the Gaza operation have been officially identified- Toppling Hamas and destroying its military capabilities, eliminating the threat of terrorism emanating from the Gaza strip, exerting maximum pressure to find a solution to the hostage issue and defending the borders of the state and its citizens.

ABOUT ISRAEL HAMAS CONFLICT:

The Palestinian militant group Hamas launched an unprecedented assault on Israel on 7 October, with hundreds of gunmen infiltrating communities near the Gaza Strip.
More than 5,000 Palestinians in Gaza have been killed in air and artillery strikes carried out by the Israeli military.
Israel has also cut off electricity and most water and stopped imports of food and medicine, although it has allowed in several dozen aid lorries through Egypt’s Rafah crossing since Saturday.

HISTORY:

Israel is small country in the Middle East, about the size of New Jersey, located on the eastern shores of the Mediterranean Sea and bordered by Egypt, Jordan, Lebanon and Syria. The nation of Israel, with a population of more than 9 million people, most of them Jewish, has many important archaeological and religious sites considered sacred by Jews, Muslims and Christians alike, and a complex history with periods of peace and conflict.

The word Israel comes from Abraham’s grandson, Jacob, who was renamed “Israel” by the Hebrew God in the Bible. More than 100 years ago, on November 2, 1917, Britain’s then-foreign secretary, Arthur Balfour, wrote a letter addressed to Lionel Walter Rothschild, a figurehead of the British Jewish community.
It committed the British government to “the establishment in Palestine of a national home for the Jewish people” and to facilitating “the achievement of this object”. The letter is known as the Balfour Declaration.
A European power promised the Zionist movement a country where Palestinian Arab natives made up more than 90 percent of the population.
A British Mandate was created in 1923 and lasted until 1948. During that period, the British facilitated mass Jewish immigration, many of the new residents were fleeing Nazism in Europe, and they also faced protests and strikes.

In April 1936, the newly formed Arab National Committee called on Palestinians to launch a general strike, withhold tax payments and boycott Jewish products to protest British colonialism and growing Jewish immigration. In second half of 1939, Britain had massed 30,000 troops in Palestine. In those three years of revolt, 5,000 Palestinians were killed, 15,000 to 20,000 were wounded and 5,600 were imprisoned.

The wars on the Gaza Strip:

In 2008, 2012, 2014 and 2021-Israel has launched four protracted military assaults on Gaza: Thousands of Palestinians have been killed, including many children, and tens of thousands of homes, schools and office buildings have been destroyed.
Rebuilding has been next to impossible because the siege prevents construction materials, such as steel and cement, from reaching Gaza.
The 2008 assault involved the use of internationally banned weaponry, such as phosphorus gas.
In 2014, over a span of 50 days, Israel killed more than 2,100 Palestinians, including 1,462 civilians and close to 500 children.

ISSUES:

Israel and the Palestinians cannot agree on:

What should happen to Palestinian refugees?
Whether Jewish settlements in the occupied West Bank should stay or be removed?
Whether the two sides should share Jerusalem?
Whether a Palestinian state should be created alongside Israel?

Abraham Accords -The Abraham Accords are bilateral agreements on Arab–Israeli normalization signed between Israel and the United Arab Emirates and Bahrain on September 15, 2020. It is held that the normalisation process between Israel and these Arab nations has forced the Hamas to launch an attack on Israel to safeguard the Palestinian cause.

Significance of Abraham Accord:

Promotes stability in West Asia.
Regional and Multinational Cooperation – The accords have laid the foundation for expanded regional and multinational cooperation.
Trade Cooperation – Trade between Israel and other West Asian countries increased 74% between 2021 and 2022. Tourism, mostly non-existent in the past, has skyrocketed. In 2021, visits from Israel to the UAE increased by 172%.
The Prosperity Green & Blue agreement between Israel, the UAE, and Jordan determined that a solar field to supply 600 megawatts of electricity to Israel and a desalination plant in Israel would deliver 200 million cubic meters of water to Jordan.

SIGNIFICANCE FOR INDIA:

It has led to substantial increase in the commercial collaborations between companies from the UAE, Israel, Bahrain, and the U.S., partnering with the Indian private sector.
The vibrant Indian diaspora in the Gulf now has the convenience of direct flights between the UAE and Israel, as well as between Israel and Bahrain.
Indian students are enjoying increased ease of travel, gaining improved access to universities and the opportunity to explore international study programmes.
India’s engagement in the new “Quad” in the Middle East, bridging the Arab-Israeli rift, served as a nonideological engagement with the Middle East.
The Abraham Accords made the I2U2 Group possible, and its primary focus will be on joint investments in critical areas such as water, energy, transportation, space, health, and food security.

THE WAY FORWARD:

Immediate ceasefire needs to be enforced to save the civilian populations in Gaza as advocated by the UN Secretary General. This requires the Hamas to release the hostages immediately.
The two-state solution calls for establishing an independent state for Palestinians alongside that of Israel.
The issue of equal rights for both Palestinians and Israelis can no longer be ignored. We need a new paradigm that emphasizes a rights-based approach, regardless of solution.
In 2003, The European Union, UN, US, and Russia had released a road map for peace in which outlined a clear timetable towards a Palestinian state.

THE CONCLUSION:

Hoping to arrive at a solution today is unrealistic. But approaching the issue from a rights-based perspective ensures that both sides can lay down a solid basis for a democratic and sustainable solution.

PREVIOUS YEAR QUESTION:

Q.1 “India’s relations with Israel have, of late, acquired a depth and diversity, which cannot be rolled back.” Discuss. (2018)

MAINS PRACTICE QUESTION:

Q.1 As the Israel-Palestine crisis spirals to unprecedented levels, discuss the Impact on Global Economy and Challenges in Achieving Peace. Question should be on the article.

Q.2 “ The two-state solution appears to have reached a dead-end”. Examine in the context of current developments.

SOURCE: https://www.thehindu.com/opinion/editorial/warming-ties-the-hindu-editorial-on-bhutan-china-relations-and-indias-concerns/article67458318.ece

WHY MUMBAI IS WITNESSING MORE POOR AIR QUALITY DAYS?

THE CONTEXT: Mumbai is facing severe air pollution levels worse than that of Delhi’s at a four-year high mark for the October in particulate matters as well as temperature after the withdrawal of the southwest monsoon.

CAUSES OF AIR POLLUTION

Wind patterns: The direction and strength of winds are often the key factor in determining Mumbai’s air quality. Winds usually alternate between moving from the sea towards the land and moving from the land towards the sea, and this cycle repeats every three to four days. This year, instead of alternating every 3-4 days, the winds were sometimes changing directions after eight or ten days, which impacted the city’s air quality.
Diminshing effect of sea breezes: The effect of sea breezes is weakening because of adverse meteorological conditions, triggered by climate change. This has negated the natural cleansing advantages of the city by the sea.
Climate change: The dip in La Nina and cooling of the ocean surface and change in wind patterns partially caused a sudden spike in the particulate matter in the coastal city. The dip in the periodic cooling of the sea surface leads to a defers the strong wind reversal from across the sea, keeping the pollutants hanging in the lower atmosphere for longer period.
Dust from road and construction sites: There is high level of construction activity ongoing in the city. City officials concluded dust from construction sites as the key contributor of this pollution. Another cause of pollution in the city is found to be the displacement of dust particles from roads and vehicles carrying construction debris.
Use of unclean oils for cooking in eateries: Cooking at several restaurants, dhabas and other eateries using unclean oils emit ultrafine particles including oil droplets and condensed organic compounds. Unclean kitchens also produce nitrogen dioxide, carbon monoxide and formaldehyde in harmful concentrations.

STEPS TAKEN BY AUTHORITIES:

Officials decided to operate anti-smog guns on 50 to 60 major roads. A sensor-based air pollution monitor to be installed at work sites.
Vehicles transporting construction debris will be covered properly with tarpaulin sheets and not carry more than the prescribed load.
The transport commissioner has also been directed to take stringent action against vehicles which are past their service life, do not have a Pollution Under Control (PUC) certificate or are overloading.
BMC formed task forces to conduct weekly drive to identify those restaurants, bakeries and banquet halls those were using unclean oils as well as fuels to fire the ovens.
BMC issued a warning to halt construction activities at all sites if dust and pollution control measures were not being implemented in response to deteriorating air quality in Mumbai.
Earlier, BMC had released Mumbai Air Pollution Mitigation Plan(MAPMP) guidelines that laid down procedures to be followed during construction and other activities that cause dust and pollution.

THE WAY FORWARD

Robust air quality monitoring: Air quality monitoring needs to become robust and regular, with real-time updates about the critical air pockets and sources of pollution along with health information. Data dissemination should be quick, sorted and effective so that analysis becomes easier for mitigation and policymaking.
Addressing root cause of the pollution: There is a need to address the root cause of the pollution which is not the natural cause but anthropogenic. For that, the government needs to run awareness programmes and prioritise long-term mitigation of pollution by using scientific techniques.
Inclusive approach: There is a need to have a more inclusive approach by involving everyone in the decision-making step. The government can form a city-level committee under the National Clean Air Program, including citizen stakeholders and experts from civil society. The inputs from the committee and collectives can be taken into consideration while addressing different sources of air pollution.

THE CONCLUSION:

Geographical advantage of Mumbai has protected the city from bad quality air but the recent rise in pollution is rising concerns among the residents. However, given the seriousness of climate change, it is time to take serious steps for effective measures to improve the city’s air quality.

PREVIOUS YEAR QUESTIONS

Q.1 What are the key features of the National Clean Air Programme (NCAP) initiated by the Government of India? (2020)

Q.2 Enumerate the National Water Policy of India. Taking river Ganges as an example, discuss the strategies which may be adopted for river water pollution control and management. What are the legal provisions of the management and handling of hazardous wastes in India? (2013)

MAINS PRACTICE QUESTION

Q.1 Despite having natural cleansing air mechanism, Mumbai is facing severe air pollution. Discuss the causes and suggest measures to tackle the pollution.

SOURCE: https://indianexpress.com/article/explained/explained-climate/why-mumbai-is-witnessing-more-poor-air-quality-days-8998070/#:~:text=Long%2Dterm%20trends%20show%20a,more%20consumptin%20and%20more%20emissions.

WARMING TIES: ON BHUTAN-CHINA RELATIONS AND INDIA’S CONCERNS

THE CONTEXT: This week’s visit of Bhutan’s Foreign Minister Tandi Dorji to China, was unprecedented on several levels. Bhutan and China do not maintain diplomatic relations

BOUNDARY ISSUE BETWEEN BHUTAN AND CHINA:

Bhutan and China have disputes over territory in the north and in the west in the Himalayas.
Territorial disputes revolve around the 495 square kilometres in north-central Bhutan and 269 square kilometres in western Bhutan. Since 2020, Beijing has extended its claim on 740 square kilometres in the Sakteng Wildlife Sanctuary in eastern Bhutan.
Among all the contentious places, the key issue is a strategic plateau called Doklam – situated close to the tri-junction between India, Bhutan and China. Bhutan and China claim the region and India supports Thimphu’s position.

ISSUES FOR INDIA

One such red line will involve keeping China away from southern Doklam’s ridges that overlook India’s “Siliguri corridor”.
A second line will likely involve Thimphu going slow on normalising ties and opening itself up to a permanent Chinese diplomatic presence, while continuing with border talks.
China asserts claims over roughly 764 square kilometres in the northwestern and central regions of Bhutan.

India- Bhutan Relation

Diplomatic relations between India and Bhutan were established in 1968 with the establishment of a special office of India in Thimphu.
The basic framework of India Bhutan bilateral relations is the Treaty of Friendship and Cooperation signed in 1949 between the two countries and revised in February 2007.
The India-Bhutan Agreement on Trade, Commerce and Transit – which was first signed in 1972 and revised most recently for the fifth time in 2016 – establishes a free trade regime between the two countries.
India has been extending economic assistance to Bhutan’s socio-economic development since the early 1960s when Bhutan launched its Five Year Plans.
There is ongoing cooperation between India and Bhutan hydro-power sector is covered under the 2006 bilateral agreement for cooperation and its Protocol signed in 2009.
There is close bilateral cooperation in the educational and cultural fields between India and Bhutan.
India and Bhutan agreed to collaborate on the joint development of a small satellite for Bhutan, and the MoU between India and Bhutan on cooperation in the peaceful uses of outer space signed on November 19, 2020.

SILIGURI CORRIDOR:

The Siliguri Corridor, also known as the Chicken’s neck, is a narrow stretch, just 17 km wide, of land located in West Bengal, that connects the north-eastern states to the rest of India.
The corridor has borders connected to Nepal, Bangladesh and Bhutan, whereas it connects the northeast via Darjeeling, Jalpaiguri and Terai areas in West Bengal.
The Siliguri Corridor has been a strategically important and vulnerable region. The BSF, Indo-China Border Police and even Assam Rifles have been guarding the corridor for India.
The corridor has a significant road and rail network that connects West Bengal to eight north-eastern states. It has become a vulnerable area since Bengal’s partition in colonial times and the 1971 war that led to the creation of Bangladesh.

THE WAY FORWARD:

India must pay attention to the domestic sentiment in Bhutan, develop a deeper understanding of Bhutanese perspectives, and connect with Bhutanese youth through education.
India should avoid displaying any insecurity about emerging trends in Bhutan and its relationship with China, and instead approach this relationship with trust and confidence.

THE CONCLUSION:

India must approach the boundary negotiations with a greater understanding of Bhutan’s reasoning, and with confidence that India’s long-trusted neighbour will take both India’s interests and its own into consideration before any final agreement.

PREVIOUS YEAR QUESTION:

Q) ‘China is using its economic relations and positive trade surplus as tools to develop potential military power status in Asia’, In the light of this statement, discuss its impact on India as her neighbour. (2017)

MAINS PRACTICE QUESTION:

Q) “The ongoing Sino-Bhutan boundary talks open up a new challenge for India’s bilateral relations with the latter”.

SOURCE: https://www.thehindu.com/opinion/editorial/warming-ties-the-hindu-editorial-on-bhutan-china-relations-and-indias-concerns/article67458318.ece

CROSSING A LINE: ON THE VIKSIT BHARAT SANKALP YATRA ROADSHOW, THE IMPLICATIONS

THE CONTEXT: The Centre has asked all departments to deploy officers to showcase its achievements across the country down to the village level, through a roadshow titled Viksit Bharat Sankalp Yatra, which will run from November 20 to January 25, 2024. This circular reportedly issued by the Department of Revenue, Ministry of Finance, on the nomination of bureaucrats as “rath prabharis” has sparked a political row.

ISSUES WITH THE MOVE:

Politicisation of the bureaucracy and the military: Joint Secretaries, Directors, and Deputy Secretaries will be appointed Rath Prabharis (chariots in-charge) for the roadshow. Also, the Ministry of Defence is setting up 822 ‘selfie points’ at prominent locations which is being seen as politicisation of the bureaucracy and the military.
Outreach limited to nine years: The outreach is only about achievements of the last nine years that corresponds to the two terms of the ruling government that began in 2014. The campaign is conveniently timed for the Lok Sabha election, which is expected in April-May 2024, and is evident to be used in electoral politics.
Partisan roles: Such directives force bureaucrats into partisan roles in furtherance of the interests of the ruling party. It can damage the institution’s independence and functioning. This assigned role also goes against the task assigned to those bureaucrats and shrinks the vital degrees of separation.
Electoral politics: The drafting of civil servants into government propaganda ahead of elections is quite disturbing and indicates towards electoral politics. The use of bureaucracy for short term gains at the cost of governance is affecting the representative democracy.

THE WAY FORWARD

Separation of power: India’s constitutional scheme of governance envisages the separation of power among the three arms of the state: the executive, the judiciary and the legislature. There is also a line of separation between the bureaucracy and the military from the political executive and thus they need to be insulated from partisan politics.
Ensure free and fair electoral process: The extensive election process in India has largely retained its credibility because of the bureaucratic impartiality demanded by the system. The military’s involvement in any kind of domestic politics is considered wrong. Civil and military officials are expected to remain loyal to the government elected by the citizens, regardless of their personal ideological inclination.
Immediate withdrawal of circular: There is a need of urgent withdrawal of circular as it is not fair to direct soldiers on annual leave to promote government schemes. The bureaucracy must be neutral and independent, and especially in polarised times for imparting stability to governance.

THE CONCLUSION:

It is the responsibility of the government that the lines of governing principles are not crossed and it should be ensured that the bureaucracy must be neutral and independent to ensure public trust in the system’s functioning.

PREVIOUS YEAR QUESTION

Q. Resorting to ordinances has always raised concern on violation of the spirit of separation of powers doctrine. While noting the rationales justifying the power to promulgate ordinances, analyze whether the decisions of the Supreme Court on the issue have further facilitated resorting to this power. Should the power to promulgate ordinances be repealed? (2015)

MAINS PRACTICE QUESTION

Q. The designation of bureaucrats as ‘’Rath Prabharis’’ to highlight the achievement of the government leads to the politicisation of bureaucracy’. Examine in the light of the role of civil services in Indian democracy.

Please refer to MAINS FOCUS article for more: https://blog.lukmaanias.com/2023/10/24/government-move-to-turn-government-officers-into-rath-prabharis-stirs-storm/

SOURCE: https://www.thehindu.com/opinion/editorial/crossing-a-line-the-hindu-editorial-on-the-viksit-bharat-sankalp-yatra-roadshow-the-implications/article67454499.ece

https://indianexpress.com/article/opinion/editorials/officer-and-prabhari-8998014/

THE POST OFFICE AMENDMENT BILL, 2023: BEYOND REASONABLENESS?

THE CONTEXT: The Post Office Amendment Bill, 2023, was recently introduced in the Rajya Sabha during the special session of Parliament.

PROVISIONS OF THE BILL:

The Bill proposes to replace the Indian Post Office Act of 1898, which was enacted to consolidate and amend laws relating to post offices in India.

Exclusive privileges of the central government: The Act provides that wherever the central government establishes posts, it will have the exclusive privilege of conveying letters by post, as well as incidental services such as receiving, collecting, sending, and delivering letters. The Bill does not provide for such privileges. The Act provides for the issuance of postage stamps as per the prescribed Rules. The Bill also states that India Post will have the exclusive privilege of issuing postage stamps.
Services to be prescribed: The Act specifies the services provided by India Post to include: (i) delivery of postal articles including letters, postcards, and parcels, and (ii) money orders. The Bill provides that India Post will provide services as may be prescribed by the central government.
Powers to intercept postal articles: The Act allows interception of an article being transmitted through post on certain grounds. An interception may be carried out on the occurrence of any public emergency or in the interest of public safety or tranquillity. Such interceptions may be carried out by the central government, state governments, or any officer specially authorised by them.

The Bill instead provides that interception of an article being transmitted through post may be carried out on the following grounds:

1. Security of the state
2. Friendly relations with foreign states
3. Public order
4. Emergency
5. Public safety
6. Contravention of the provisions of the Bill or any other laws.
An officer empowered by the central government through a notification may carry out interception.
Director General to make regulations regarding services: The Act, as well as the Bill, provides for the appointment of the Director General of Postal Services. Under the Act, the Director General has powers to decide the time and manner of delivery of postal services. The Bill provides that the Director General may make regulations regarding any activity necessary to provide postal services.
Examination of postal articles prohibited under law or liable for duty: Under the Act, an officer in charge may examine a postal article if he suspects that it contains goods which are prohibited, or are liable to be paid duty upon. The Bill removes the powers of examination. It instead provides that in such cases, the central government may empower an officer of India Post to deliver the postal article to the customs authority or any other specified authority.
Exemptions from liability: The Act exempts the government from any liability related to the loss, mis-delivery, delay, or damage to a postal article. This does not apply where the liability is undertaken by the central government in express terms. Officers are also exempt from such liability unless they have acted fraudulently or wilfully. The Bill retains these exemptions. It also provides that the central government may prescribe liability with regard to services by India Post under the Rules.
Removal of offences and penalties: The Act specified various offences and penalties, all of which were removed by the Jan Vishwas (Amendment of Provisions) Act, 2023. For instance, theft, misappropriation, or destruction of postal articles by an officer of the Post Office was punishable with imprisonment up to seven years and a fine. Sending certain prohibited items through post was punishable with imprisonment up to one year, a fine, or both. The Bill does not provide for any offences or consequences, except one. Amounts not paid by a user will be recoverable as arrears of land revenue.

ISSUES:

Potential misuse of power: There is absence of clear standards for state interference in the postal department. This raises concerns about the potential misuse of power by the authorities. The Bill allows the authority to arbitrarily scrutinize and seize postal articles without concrete evidence.
Vague procedure: The grounds specified for interception are so vague that the government can bring in anything and everything under the same. Thus, it confers unlimited power on the Central government and postal officers.
Undermines accountability: The exemption granted to postal officers from liability for any mishaps during the delivery process undermines the accountability and efficiency of the postal services. The Bill thus incites serious doubts with regard to the privacy of citizens and the efficiency of postal services.
Violation of fundamental rights: Non-prescription of penalty for opening postal articles against the provisions of the Bill can have severe implications on the right to privacy of stakeholders. It is in clear violation of freedom of speech and expression [Article 19 (1) (a)], the right to privacy (Article 21) and subsequent violation of the right to equality (Article 14) under the Constitution of India.
Absolute exemption: The Bill also exempts the liability for lapses of postal officers and confers the power to prescribe liability through rules framed by the Central government, which administers the postal department. This can lead to misuse of power.

THE WAY FORWARD

Clearance on Vagueness:There is a need to have a clarification of the vagueness in the Bill and that needs to be sort out with stakeholders’ consultation.
Ease with Facilitation:There is a need of technological intervention in postal services to ease the process of sorting and facilitating accurate delivery of mails and parcels. For example this may include delivery of parcels by drone. This can lead to expansion of services, futuristic postal delivery for a better system.
Rule of law: The non-arbitrariness is essential to ensure the rule of law and as the Bill is in violation of Articles 14, 19 and 21 of the Constitution of India, the state actions need to be based on valid relevant principles.

THE CONCLUSION:

The Post Office Bill 2023 represents a vital step toward modernizing India’s postal services to align with contemporary needs. However, there are few concerns in the Bill that needs to be adequately addressed to make it a hub for various citizen-centric services.

PREVIOUS YEAR QUESTION

Q. “Recent amendments to the Right to Information Act will have a profound impact on the autonomy and independence of the Information Commission”. Discuss. (2020)

MAINS PRACTICE QUESTION

Q. Discuss the provisions of the Post Office Amendment Bill, 2023. Is it leading to the reduction in accountability and transparency in the postal department of the country? Examine.

SOURCE: https://www.barandbench.com/columns/the-post-office-amendment-bill-2023-beyond-reasonableness

BOMBAY HC IS RIGHT – BANNING PAKISTANI ARTISTS IS NOT THE RIGHT STEP

THE CONTEXT: Recently, a petitioner had sought directives from the Ministry of Information and Broadcasting, Ministry of External Affairs and Ministry of Home Affairs prohibiting the employment of Pakistani actors, technicians, singers, musicians and lyricists in India. The Bombay High Court however, dismissed the petition seeking a total ban on Pakistani artists working in India.

BACKGROUND OF THE ISSUE:

Over the last decade, art, culture and sports have been affected due to political tensions between India and Pakistan.
In the early 2010s, the success of Pakistani serials had made room for Indian television channels to stream shows from across the border and for Pakistani stars to sign up projects in Bollywood.
The September 2016 Uri attack put an end to these cross-border exchanges with resolutions from the Indian Motion Pictures Producers Association and the Federation of Western India Cine Employees barring Pakistani artistes from working in the Indian film industry.
In 2019, the Pulwama strikes brought forth a resolution by the All-Indian Cine Workers Association, upholding the 2016 ban.

WHY BANNING IS A RIGHT DECISION?

Discrimination against Indian artists: It is being argued that allowing Pakistani artists to work in India could lead to discrimination against Indian artists. The favourable environment available to Pakistani artists in India is not reciprocated for Indian artists in Pakistan.
Prevent commercial exploitation: The ban is essential to prevent the exploitation of commercial opportunities by Pakistani artists in India, which could potentially deprive Indian artists of similar opportunities.
Enemy nation: Pakistan is a terrorist nation which treats India as an enemy. Supporting a terrorist nation which wants to harm our nation is not a good idea.

WHY BANNING IS NOT A RIGHT DECISION?

Deprive both nation of cultural exchanges: Banning of artist is a backward step in promoting cultural harmony, unity and peace and these actions deprive both countries of cultural exchanges. Art has unifying nature and are instrumental in fostering a sense of unity and peace between nations.
Parochial nationalism: Patriotism isn’t demonstrated by hostility towards foreign nationals, particularly those from neighbouring countries. Banning is a shrill narrative of parochial nationalism. Cultural or artistic life should not be disrupted in the country, given the fact that cross-border trade is still going on despite the latest round of tensions.
Curtail freedom of expression: Artists are the most vulnerable because they operate in public spaces, and banning them curtails the freedom of expression of artists. Also, banning is based on the resolutions passed by private associations, although expressing a sentiment, lacked statutory force and could not be enforced through judicial orders. And enforcing such bans would contravene the fundamental rights guaranteed under Articles 19(1)(a), 19(1)(g), and 21 of the Constitution.
For global harmony: The court hailed the Indian government’s proactive measures to allow artists, in accordance with Article 51 of the Indian Constitution, which fosters global peace and security. Additionally, the court cited the example of allowing the Pakistani cricket team to participate in the World Cricket Cup held in India, asserting that entertaining such petitions would undermine such efforts.

THE WAY FORWARD:

Scope of soft diplomacy: Art, music, dance and so on are the activities which rise above nationalities, cultures and nations and truly bring about peace, tranquillity, unity and harmony between nations. These instruments can be used for soft diplomacy, and cultural similarities between both nations can be used for conflict resolution.
Collaboration: There is a need of collaboration between different stakeholders to rise over differences and appreciate each other’s cultural brilliance.
Cultural exchanges: Cultural exchanges are one of the most important ways for the exchange of ideas, values, traditions and other aspects of culture or identity to strengthen relationships, enhance socio-cultural cooperation or promote the national interest. For example, Urdu poetry and ghazals from Pakistan and shows like Coke Studio, and MTV unplugged have a wider range fan following in both countries.
People to People: The main connecting agents are people and their personal relationship is vital to beat the differences. Hatred is not going to serve any purpose, and an artist represents freedom and the universal idea that humanity must be free to live without fear and violence. Therefore, the citizen’s diplomacy or people-to-people contact between India and Pakistan is significant in building peace between the two nations.

THE CONCLUSION:

Banning artists is not the long-term solution to resolve the conflict between the nations, and cross-border cultural cooperation should be promoted for reconciliation and hope for fostering better relations.

PREVIOUS YEAR QUESTIONS

Q.1 Keeping in view India’s internal security, analyse the impact of cross-border cyber-attacks. Also discuss defensive measures against these sophisticated attacks. (2021)

Q.2 Terrorist activities and mutual distrust have clouded India-Pakistan relations. To what extent the use of soft power like sports and cultural exchange could help generate goodwill between the two countries. Discuss with suitable examples. (2015)

MAINS PRACTICE QUESTION

Q.1 Cultural diplomacy and soft power are important instruments in regional and international cooperation and are of particular relevance for India-Pakistan relations. Comment.

SOURCE: https://indianexpress.com/article/opinion/editorials/bombay-hc-is-right-banning-pakistani-artists-is-not-the-right-step-8996665/

ARE SOUTHERN STATES BEING PUNISHED FOR THEIR SUCCESS?

THE CONTEXT: There are concerns regarding the potential danger of political disenfranchisement in the South when the delimitation freeze ends in 2026 and the tussle over the distribution of Central taxes as well.

ISSUES ARISING:

The decline in the share of resources: There is a drastic decline in the share of resources distributed to the South, and it is contented that the devolution of funds by the finance commission work against the Southern states. Inter-State distribution is based on two factors: State’s share in the total population and the income distance ratio. On both these counts, the south loses out. For example, in the case of Kerala, it was 3.8% during the 10th Finance Commission, now, it is 1.9%.
Issue of unspent cash: Despite government relaxing the borrowing limits for States, there is a strange issue of unspent cash balances. Fiscal Responsibility and Budget Management (FRBM) Act is structured as such that states don’t want to spend money on revenue expenditure and poorer States were the biggest depositories of these funds.
Delimitation issue: There is rising issue related to delimitation as it can lead to shift in political power balance within the federal polity. Article 81 of the Constitution says that each State should have seats in proportion to the population and that constituencies should roughly have the same population. The delimitation of constituencies would lead to a decline in their representation in Parliament. This is a serious issue and it can have devastating consequences, marginalising the southern States in the political sphere.

THE WAY FORWARD

No penalisation: The States which have successfully implemented the national policies cannot be penalised for their success. There is a need to identify the points where intervention is required so that the union does not tilt towards an unbalanced and disastrous course of development or move in a direction which could lead to fragmentation.
Ensure Equity: Inter-state transfers would have to have a component of equity. The richer States and regions, though have to contribute to the development of the States which are backward, but the redistributive transfers must be within a certain limit. The equity principle has to be kept in the calculation in the sense that there is a certain number of cross transfers and redistribution across the federal polity.
Devolution of sources: The terms of reference of the 16th Finance Commission are due soon and it is the time that a voice is raised for involving the States. There should be a strong effort to ensure that the next Finance Commission has terms of reference which take cognisance of the problems that the federal policy is facing. For example, if the population basis is being shifted from 1971 to a new figure, the weightage of the population can be adjusted. States must get a space and voice in the decision-making of federal finance.
Reasonable distribution of seats: There is a need of reasonable distribution of seats by increasing the total number of seats in the parliament to ensure adequate representation of the states.

THE CONCLUSION:

After the proposed delimitation there may be inequitable distribution of seats which will not be in favour of southern states. Thus, there is a need for effective distribution of seats and equitable distribution of funds among all the states instead for a federal balance.

PREVIOUS YEAR QUESTIONS

Q.1 Discuss the main objectives of Population Education and point out the measures to achieve them in India in detail. (2021)

Q.2 How far do you think cooperation, competition and confrontation have shaped the nature of federation in India? Cite some recent examples to validate your answer. (2020)

MAINS PRACTICE QUESTION

Q. The upcoming delimitation exercise has raised concerns about the unequal representation of states in the Lok Sabha. What impacts can it have on the federal relations of the country?

Please refer to MAINS FOCUS article for more: https://blog.lukmaanias.com/2023/10/06/retribution-for-the-south-accolade-for-the-north/

SOURCE: https://www.thehindu.com/opinion/op-ed/are-southern-states-being-punished-for-their-success/article67439076.ece

THE COURT’S ‘NO FUNDAMENTAL RIGHT TO MARRY’ IS WRONG

THE CONTEXT: In its latest judgment, with respect to same-sex marriage, the Supreme Court has stated that there is no fundamental right to marry.

RELATED KEY JUDGEMENTS:

Section 377 of the IPC: Section 377 IPC was a law made by the British, that criminalised sex between non-heterosexual couples was punishable with 10 years imprisonment. For decades, the LGBTQ community and others argued that this section was discriminatory, and provided legal protection to the harassment and intimidation of gay couples.
Navtej Singh Johar v. Union of India Case (2018): In September 2018, a five-judge bench of the Supreme Court unanimously decriminalized consensual sex between two adults irrespective of their gender and partially struck down Section 377 of the IPC. The court referred to those areas of the section that criminalized consensual unnatural sex as “irrational, indefensible and manifestly arbitrary”. However, in its ruling, the court also made it clear that other aspects dealing with unnatural sex with animals and children still remained in force, and that it was confining its order to consenting acts between two adults.
NALSA Case Judgement: The judgement was delivered by a two-judge bench comprising of Justice K.S. Radhakrishnan and Justice A.K. Sikri on 15th April 2014. The court held that transgenders fall within the purview of the Indian Constitution and thus are fully entitled to the rights guaranteed therein. The court made a distinction between biological sex and Psychological sex.

NEED FOR LEGALISATION:

Upheld by court judgement: It had also been held by the court in diverse decisions that in India a person is entitled to autonomy, dignity, privacy and the right to choose their own partners to live with or in marriage. Especially after Navtej Johar, it is logical to assume that they may prefer to develop a long-term relationship, including that of marriage.
Essentiality of marriage: Marriage brings along with it a host of advantages for the couple, including succession in the field of inheritance, adoption of children, taking decisions in case of hospitalisation, and benefits from employers. More than anything else, in the eyes of society, it sanctifies the relationship and gives it legitimacy. Without that legitimacy, LGBTQI communities are stigmatised.
Fundamental rights: The Supreme Court of India has read the right to be treated with dignity into Article 21. It is on that basis, that positive rights, including the rights to education, food, environment have been evolved. Thus, it is reasonable to develop the concept of the right to marry into Articles 19 and 21.
India signatory to Universal Declaration of Human Rights (UDHR): The Supreme Court has used the provisions of UDHR to elaborate rights under the Constitution. India, being a signatory to UDHR, must take steps to protect the human rights of same sex couples. Article 16 of the UDHR, 1948 provides that, “Men and women of full age, without any limitation due to race, nationality or religion, have the right to marry and to found a family’’.

ISSUES WITH COURT JUDGEMENT:

Violation of human rights: Under the UDHR, the right to marry is a human right .Ignoring the right to individual is violation of UDHR as India is an original signatory to the Universal Declaration of Human Rights (UDHR) and even Constitution was greatly influenced by the UDHR. As a signatory country to the UDHR, legislation by Parliament and State Legislatures in India must be in accord with the UDHR.
Reduces them to second class citizen: Not recognising marriage for same sex couples is not only discriminatory against them. The unintended consequence of the judgment in the larger society is that the notion that same-sex couples are “not fit for marriage” will be established and will reduce them to second-class citizens.
Issues with Supreme Court judgement: Though for transgender persons, the court holds that marriage between a trans-man and a cis-woman or between a transwoman and a cisman is legal. Thus, the court has rightly made the leap from biological sex to gender, which is self-identified in accordance with NALSA. But the court couldnot made the leap for from biological sex to sexual orientation.

THE WAY FORWARD:

Queer inclusive Policies: Legal and the law enforcement systems need to be on the issues of same sex marriages. Inclusive approach for queer couples must be planned and adopted by the Government and society.
Dialogue and Engagement: Engaging in a dialogue with religious leaders and communities can help bridge the gap between traditional beliefs and modern attitudes towards same-sex relationships. By working together, we can create a more inclusive society where everyone has the right to love and marry whomever they choose, regardless of their gender.
Sensitization: The Court must pass the directions to sensitise the authorities on this behalf and should set up committees to look into a number of issues to protect same-sex couples from any harassment.

THE CONCLUSION:

However, the flaw is fundamental which needs to be corrected, sooner than later. The sooner this wrong is set right, the better it would be for society as a whole. It requires constant efforts and collaboration from all stakeholders, including the LGBTQIA+ community, the government, civil society, and religious leaders.

PREVIOUS YEAR QUESTION

Examine the scope of Fundamental Rights in the light of the latest judgement of the Supreme Court on Right to Privacy. (2017)

MAINS PRACTICE QUESTION

The recent judgement on same-sex marriage is a violation of the fundamental rights of the queer community. Examine.

NOTE: Please refer to Mains focus article for more: https://blog.lukmaanias.com/2023/10/21/on-marriage-equality-the-supreme-court-stops-short/

SOURCE:https://www.thehindu.com/opinion/lead/the-courts-no-fundamental-right-to-marry-is-wrong/article67450210.ece#:~:text=There%20is%20no%20fundamental%20right%20to%20marry%2C%20it%20holds.,be%20protected%20from%20any%20harassment.

GOVERNMENT MOVE TO TURN GOVERNMENT OFFICERS INTO ‘RATH PRABHARIS’ STIRS STORM

THE CONTEXT: The recent circular issued by the ruling government at centre mentions deploying of government officers as rath prabharis. It is being done for celebrating the achievements of the last nine years of the government through the ‘Viksit Bharat Sankalp Yatra’ from November 20 to January 25 which draws criticism.

CONSTITUTIONAL PROVISIONS RELATED TO CIVIL SERVICES

• As per Articles 53 and 154, the executive power of the Union and the States vests in the President or Governor directly or through officers subordinate to him. These officers constitute the permanent civil service and are governed by Part XIV of the Constitution (Services under the Union and States (Article 308- 323)).
• Government of India (Transaction of Business) Rules: The manner in which the officers are required to help the President or Governor to exercise his/her executive functions is governed by these Rules.
• Article 309: Powers of Parliament and state legislatures – It empowers the Parliament and the State legislature regulate the recruitment, and conditions of service of persons appointed, to public services and posts in connection with the affairs of the Union or of any State respectively.
• Article 310: Doctrine of Pleasure – Every person of Defence service, Civil Service and All India Service holding any post connected with the above services holds office during the pleasure of the President or Governor of the State.

RULES FOR CIVIL SERVANTS

Civil servants are governed under two sets of rules for the two types of services. These rules were framed based on recommendations of the Committee on Prevention of Corruption, headed by K.Santhanam. They are
1. The All India Services (AIS) Conduct Rules, 1968
2. Central Civil Services (CCS) Conduct Rules, 1964

ISSUES

• The historical context: On June 12, 1975, the Allahabad high court famously found the then prime minister, Indira Gandhi, guilty of misusing official machinery in the Congress party’s election campaign, leading to her disqualification from contesting any election for six years in a row. The current ruling government went against emergency and worked for restoring democracy. However, ironically, it is doing the work on similar lines.
• Violating model code of conduct: The circular were issued when the model code of conduct had already come into force and, as such, they amount to its brazen infringement, as they place the ruling government at an advantage vis-à-vis the political parties in opposition. This amounts to misuse of government machinery for activity that will influence elections.
• Blurring lines between civil services and politics: Using senior civil servants and defence personnel in special campaigns improperly in the context of electoral politics is blurring the line between civil service and politics. It is a matter of serious concern of mis-deployment of officers of the defence Forces for showcasing the current government’s achievements.
• Violation of Central Civil Services (Conduct) Rules, 1964: It is a clear violation of the Central Civil Services (Conduct) Rules, 1964, which directs that no government servant shall take part in any political activity. It is not acceptable to turn government officers into political affairs.
• Politicisation of soldiers: Ministry of Defence has issued guidelines to set up selfie points to ‘showcase good works being done’ and various schemes of the Central government by soldiers. Though the intention behind this initiative may be genuine but compelling the soldiers may not be in the interest of the institutional integrity of the armed forces.

THE WAY FORWARD:

• Facilitating democracy: The civil servants play a vital role in maintaining the democratic ideals by assisting their political heads (Ministers) in policy-making function and in implementing the policies made. But they should not be employed for a single party to ensure democratic character of the country.
• Independent and non-politicisation: It is essential that government machinery is kept out of politics and be independent for effective implementation of policies. Civil servant should actively participate in policy formulation and implementation by giving advice to ministers and providing them the necessary information.
• Socio economic development: Both government and bureaucrats must work for socio economic development of the nation for welfare goals by addressing the issues. It should be ensured to develop a sense of nationhood to serve the country that should be completely unbiased.

THE CONCLUSION:

The politicisation of civil servants and soldiers is not acceptable in a democratic country like India, and they must be kept independent and non-political. To protect our democracy and constitution, it is imperative that the orders must be withdrawn immediately.

PREVIOUS YEAR QUESTION

Resorting to ordinances has always raised concern on violation of the spirit of separation of powers doctrine. While noting the rationales justifying the power to promulgate ordinances, analyze whether the decisions of the Supreme Court on the issue have further facilitated resorting to this power. Should the power to promulgate ordinances be repealed? (2015)

MAINS PRACTICE QUESTION

Politicization of bureaucracy defeats the bureaucrats’ primary purpose of providing non-partisan and efficient administration. Comment.

SOURCE: https://thewire.in/government/modi-government-move-to-turn-government-officers-into-rath-prabharis-stirs-storm
https://indianexpress.com/article/india/defence-machinery-cong-president-kharge-pm-modi-bjp-achievements-8994832/

FROSTY TIES: ON THE WORSENING INDIA-CANADA TIES

THE CONTEXT: Diplomatic tensions between India and Canada escalated earlier this month when India requested the withdrawal of diplomats and threatened to remove the diplomatic immunity of any Canadian diplomat who remained in the country after the specified date.

WHAT IS THE VIENNA CONVENTION?

The Vienna Convention on Diplomatic Relations is an international treaty signed by 61 countries in 1961.
It puts forth a framework for diplomatic interactions between independent nations and aims to ensure the ‘development of friendly relations among nations’.
At present, 193 countries are party to the document.

What is Article 11.1 about?

This particular segment pertains to the size of international missions within other countries.
India insists that its actions are consistent with the tenets set forth in Article 11.1 of the Vienna Convention on Diplomatic Relations.

INDIA-CANADA RELATIONS

India and Canada have longstanding bilateral relations built upon shared traditions of democracy, pluralism and strong interpersonal connections.
Canada is home to one of the largest communities of Indian origin, with approximately 4% of Canadians being of Indian heritage (1.3 million people).
The deep cultural and political ties between Canada and India are strengthened by a growing network of official dialogues, agreements, memoranda of understanding and working groups.
India is Canada’s 10th largest trading partner. Canada and India are working toward a Comprehensive Economic Partnership Agreement and a Foreign Investment Promotion and Protection Agreement (FIPA) to deepen the commercial relationship.

ISSUES ARISING OUT OF DIPLOMATIC TENSION:

Impact on trade: Diplomatic tension can impact trade relations between both the countries and can accelerate global slowdown which is already affected by the ongoing war in Ukraine.
Suffering of Ordinary people: Ordinary people will suffer as India and Canada cut down visa services. Apart from that, there are issues of human rights that both countries are pointing in each other countries. As Canada is pointing towards conditions of Sikhs and Muslims, while India expresses concerns over Hindu minorities in Canada.
Khalistan issue: India has expressed repeated concerns about terrorism related to the Khalistan issue for decades. However, no serious actions have been taken by Canadian authorities.
Issue of diplomats: Expelling of diplomatic immunity is being seen as a violation of global treaties such as the Vienna Convention which can taint India’s image of
Geopolitical issues:The recent diplomatic tension can harden viewpoints of both the countries over the important issues as terrorism which can have geopolitical implications.

THE WAY FORWARD

People to People: Both India and Canada should involve cultural exchanges, educational programs, and other initiatives that would help to strengthen the mutual understanding and respect between the two peoples.
Addressing Khalistan Issue: To effectively address the Khalistan issue, Both India and Canada must adapt its diplomatic approach to address the issue of the Khalistani separatism.
Inclusive Dialogue: There is a need to encourage open and inclusive dialogue between all the stakeholders including Indian government, sikh officials and Canadian authorities to address their grievances and misunderstandings.

THE CONCLUSION: With ongoing diplomatic tension between India and Canada, their relations have reached a low point. This needs to be resolved mutually with cooperation and collaboration beyond any political motive for a dynamic partnership.

PREVIOUS YEAR QUESTION

Q. ‘Indian diaspora has a decisive role to play in the politics and economy of America and European Countries’. Comment with examples. (2020)

MAINS PRACTICE QUESTIONS

Q. India and Canada bilateral relations face multiple challenges. Comment in the light of recent developments.

SOURCE: https://www.thehindu.com/opinion/editorial/frosty-ties-the-hindu-editorial-on-the-worsening-india-canada-ties/article67442967.ece

ON LICENCE RAJ IN LAPTOP IMPORTS, GOVERNMENT DOES WELL TO RECONSIDER

THE CONTEXT: In August, 2023, the central government had issued an order imposing licensing requirements on the imports of laptops, tablets and other devices with immediate effect. However, after the criticism, the government subsequently deferred the deadline for the implementation of the licencing requirement.

MORE ON THE NEWS

Import restrictions have been imposed under HSN Code 8471 on seven categories of electronic gadgets, including laptops, tablets, all-in-one personal computers and ultra-small computers and servers.
The Harmonized System of Nomenclature (HSN) classifies products for taxation purposes. HSN Code 8471 identifies devices for data processing.
The rationale for the move was ostensibly two-fold:

To provide a fillip to domestic manufacturing
To curb imports from China

ISSUES IN IMPOSING LICENSING ON IMPORTS:

Fear of license Raj: The move raised the concern of the government marching back to the era of the infamous licence permit raj. Such a regime could lead to the imposition of import quotas and increase the room for bureaucratic discretion pushing back the Indian economy.
Lack of competitiveness: This move can lead to monopolisation of trade and economy as government controlled production and protected workers and businesses lack competitiveness and tends to produce low-quality products.
Impact on global trading system: This move will likely impact the global trading system and be seen to be violative of international trade commitments. WTO has ruled that this can undermine the rules-based global trading system. For instance, at a recent meeting of the World Trade Organisation, countries like the US, China, South Korea and Taiwanraised concerns over this move.
Wrong policy approach: This is not the first instance of such policy approach. Earlier also, proposal as bringing credit card spending outside the country under the liberalised remittance scheme raised concerns. This shows the signs of a command-and-control economy when the state machinery exercised greater control over every aspect of the economy.

What was the ‘Licence Raj’?

“Licence Raj”, also known as “Permit Raj” or the “Licence-Permit Raj,” is a term used for a system of government that adhered to strict rules, regulations and control over the Indian economy.
Under this system, businesses in the country required licences to operate with high restrictions where state decides the quantity of production, market price as well as the course of the capital.
The central belief behind the system was that India needed to rely on its own markets, become self-sustaining and self-sufficient and Import substitution was at the centre of this form of policy.

Status of India’s imports:

According to Ministry of Commerce and Industry data, the import bill for electronic goods in 2022-23 was $8,786 million. Imports from China alone were worth $5,118 million.
As per a report from think tank Global Trade Research Initiative (GTRI), India’s imports from China are predominantly focused on 3 key product categories – electronics, machinery, and organic chemicals.

GOVERNMENT REACTION

Modified its position: After the criticism, the government modified its position on the issue. Government rolled out an import management system for IT hardware, which includes laptops and computers. Under the new system, companies will only have to register and reveal data that relates to their imports and the country of origin. There are carve-outs for special economic zones, hardware that is essential for capital goods, among others. However, companies in the “denied entity list” will not receive authorisation for imports.
Boost domestic manufacturing : The Government asserts that this step is taken to make India self-reliant and as bid to checkmate the rapid Chinese incursion into the Indian electronic devices market. The government has indeed identified electronics manufacturing as a key priority area for the country’s future growth ambitions and hopes to attract investments from global electronic corporations and cited example of Production Linked Incentive 2.0 scheme.
Internal security: Government has raised concern that hardware from ‘non-trusted’ sources could come with ‘built-in security loopholes’ endangering sensitive personal and enterprise data. This move will curb imports from China and ensure citizen’s security.

THE WAY FORWARD:

Structural changes: For boosting domestic manufacturing there is a need for bringing structural changes like building on infrastructure and supply chain by bringing in high financing costs and putting in required skills.
Strengthen existing government policies: There is a need for proper implementation of existing government policies like Make in India and production-linked incentive scheme to boost manufacturing.
Research and development: A key element of the self-reliance move includes a strong push for reforms across sectors. For this, the ecosystem for research and development needs to be strengthened.
Conducive environment: A more prudent approach would involve creating a more conducive environment for development of a strong and vibrant manufacturing ecosystem. The policy framework must be geared towards ensuring greater openness and more freedom to operate.

THE CONCLUSION: The recent attempt to impose licensing requirements in the IT sector could have opened the door to similar licensing requirements in other sectors. This could have widened the scope for bureaucratic discretion, leading to avoidable uncertainty. But the government has taken the right step in keeping the decision in abeyance.

PREVIOUS YEAR QUESTIONS

Q.1 Discuss how emerging technologies and globalisation contribute to money laundering. Elaborate measures to tackle the problem of money laundering both at national and international levels. (2021)

Q.2 Account for the failure of the manufacturing sector in achieving the goal of labour-intensive exports rather than capital-intensive exports. Suggest measures for more labour-intensive rather than capital-intensive exports. (2017)

MAINS PRACTICE QUESTION

Q.1 Can the imposition of a license on the import of electronic devices boost the domestic manufacturing industry in India? Analyse and give your view.

SOURCE: https://indianexpress.com/article/opinion/editorials/on-licence-raj-in-laptop-imports-government-does-well-to-reconsider-8992859/#:~:text=In%20August%2C%20the%20central%20government,to%20curb%20imports%20from%20China

THE SHAPE OF CLIMATE JUSTICE IN A WARMING INDIA

THE CONTEXT: Given India’s historically lower emissions, economic growth has taken precedence over climate concerns, but such an approach evades concerns of climate justice such as its effect on inequality across levels class, caste and region.

ISSUES:

Could not find consensus: Delhi Declaration on the climate question could not find consensus on the most contentious issue, which is the root cause of the climate crisis of the phasing out of fossil fuels. With the policies articulated at the international level, how such policies and politics affect the domestic front do not get debated.
Inequality matrix: It is now well documented across the world that climate change and energy transition disproportionately affect the poor. The climate-induced problems and droughts have compounded the agrarian crisis and allied economic activities. Variations in rainfall, temperature and extreme climate events directly impact agricultural productivity, compounding farmers’ income loss.
Regional imbalance: There is a regional imbalance in the effect of climate change. Regions heavily reliant on coal production may lose revenues and livelihoods. This regional divide in economic inequality correlates with the energy source divide in India. Coal, the cheapest source of energy, is located in the poorer regions in eastern and central India while renewable energy hubs, powered by wind and solar photovoltaics (PV) technologies, are located in the relatively wealthy southern and western India

INDIA AND CLIMATE CHANGE

India’s energy consumption (2021)

Coal was the major contributor to the total energy supply in India (accounting for 56.1% followed by crude oil (33.4%).
Industrial sector was the largest consumer of energy, using more than half, i.e., 51% of the total final energy consumption followed by transport (11%), residential (10%), and agriculture (3.6%)
Manufacturing is far more energy- and carbon-intensive than agriculture and services.

India’s approach:

India’s Nationally Determined Contributions (NDC) aim to ensure that 40% of the total installed power generation capacity is clean energy. The country has pledged to achieve net-zero emissions by 2070.
India’s approach to common but differentiated responsibilities (CBDR) in international negotiations allows developing countries in the global south to prioritise economic growth and development over climate mitigation.
India’s historically lower emissions, focusing on economic growth, has naturally taken precedence over climate concerns. Such approach evades concerns of climate justice within India, particularly its effect on inequality across levels class, caste and region.

THE WAY FORWARD

Balance development with Climate justice: There is a need of balancing the development with climate justice to ensure that development in the time of changing climate does not affect the livelihoods of the poor and vulnerable.
Renewable energy adoption: Renewable energy adoption is crucial to address climate justice. However, it should be kept in mind that this shift should not exacerbate existing disparities of class, caste, and regional disparities. Transitioning to renewables requires a deliberate focus on protecting livelihoods, offering alternative job opportunities, and ensuring that vulnerable communities are not adversely impacted.
Holistic approach: A just transition entails a holistic approach that considers economic, social, and regional inequalities. To ensure an equitable and sustainable transition, strategies must target inequality reduction and green investment simultaneously.
Adequate compensation: Climate justice requires compensation for those who are harmed, as those who contribute to climate change are not the ones who are affected by it. Any mitigation effort must invert this carbon injustice by making the richer countries or richer classes within a country pay for the energy transition to the less developed countries.

THE CONCLUSION: Climate change and use of fossil fuels around the world is exacerbating the negative impact on vulnerable communities. There is a need to take steps for climate justice by

mitigation and adaptation , policy alignment and cooperation among nations.

PREVIOUS YEAR QUESTION

Q. Describe the major outcomes of the 26th session of the Conference of the Parties (COP) to the United Nations Framework Convention on Climate Change (UNFCCC). What are the commitments made by India in this conference? (2021)

MAINS PRACTICE QUESTION

Q. What are the challenges in ensuring climate justice in India? As an emerging leader of Global South, how can India work with other developing nations to bring climate justice into global discourse? Discuss.

SOURCE: https://www.thehindu.com/opinion/lead/the-shape-of-climate-justice-in-a-warming-india/article67438965.ece

REFORMS FOR MULTILATERAL DEVELOPMENT BANKS

THE CONTEXT: Recently, the G20 expert panel on strengthening Multilateral Development Banks (MDBs) has discussed the need to shift the MDB’s focus from financing individual projects to prioritising programmes. This development has once again brought the issue of reform in MDBs into the forefront.

WHAT ARE MULTILATERAL DEVELOPMENT BANKS?

Multilateral Development Banks are institutions whose members include multiple developed and developing countries, which have to fulfill certain lending obligations to facilitate developmental objectives.
They provide financing and technical assistance to countries and organisations undertaking projects across sectors including transport, energy, urban infrastructure, and waste management.
Usually, developed countries in MDBs contribute to the lending pool, while developing countries primarily borrow from these institutions to fund development projects.
MDBs include the World Bank Group, the Asian Development Bank, the African Development Bank, the Inter-American Development Bank, etc.

NEED FOR REFORMING WITHIN MDBS

Climate crisis: The G20 expert group cites the issue of climate crisis that there is a lack mechanisms for mitigation of crisis, especially in emerging markets and developing economies (EMDEs).
Existing perception of MDBs: The expert group also notes that the existing perception and practices of MDBs have adversely impacted their engagement with the private sector. MDBs are often seen as possessing bureaucratic hurdles which deters the private sector from being more involved in assisting with financing.
Outdated framework of MDBs: The current legal and institutional framework of MDBs is outdated and inadequate to deal with the rapid changes and complexities of the current global order.
Inefficient resource: MDBs face resource constraints in meeting the increasing demands for development financing. The current funding levels are not sufficient to address the scale of challenges faced by developing countries.

MDBs AND INDIA

As a leader of global south: India, as a leader and partner of the Global South, has a stake and a role in shaping the reforms of MDBs to make them more responsive and effective in addressing these issues and opportunities.
As a major beneficiary, India is also a major borrower and beneficiary of MDBs, especially the World Bank Group and the Asian Development Bank. India has received loans and grants from these institutions for various sectors such as infrastructure, health, education, agriculture, etc. MDBs have played a crucial role in India’s development journey by financing key infrastructure projects with longer gestation periods.
As a contributor: India is also a contributor and shareholder of MDBs. India has provided capital and resources to these institutions to support their operations and lending capacity. India has also participated in their governance and decision-making

THE WAY FORWARD:

To better deal with global challenges: According to the expert group, a reformed MDB ecosystem can equip stakeholders to better deal with global challenges in effective ways. Therefore, MDBs should operate more in sync with the developmental priorities of individual nations.
Private sector role: Given that MDBs need to ramp up financing to $390 billion by 2030, the private sector can play a pivotal role in making that happen by reversing the current trend of disappointingly low private financial flows to EMDEs.
Achieving SDG: According to the expert group, MDBs should focus their operations financial as well as analytical on helping national governments to create and operationalise their respective country platforms for the highest priority sustainable development goals (SDG).
Promoting Inclusive Growth and Shared Prosperity: MDBs can help Middle-income countries (MICs) address the challenges by supporting policies and programs that enhance productivity, competitiveness and

THE CONCLUSION: MDBs are facing several challenges and limitations that affect their relevance and performance in the changing global context. Therefore, there is a need to reform and strengthen MDBs to make them more responsive and effective in addressing the emerging challenges and opportunities.

PREVIOUS YEAR QUESTIONS

Q.1 India has recently signed to become a founding member of the New Development Bank (NDB) and also the Asian Infrastructure Investment Bank (AIIB). How will the role of the two Banks be different? Discuss the strategic significance of these two Banks for India. (2014)

Q.2 The World Bank and the IMF, collectively known as the Bretton Woods Institutions, are the two inter-governmental pillars supporting the structure of the world’s economic and financial order. Superficially, the World Bank and the IMF exhibit many common characteristics, yet their role, functions and mandate are distinctly different. Elucidate. (2013)

MAINS PRACTICE QUESTION

Q. Discuss the challenges faced by the Multilateral Development Banks in mobilizing the resources. What steps can be taken to address these challenges? Explain.

SOURCE: https://indianexpress.com/article/explained/explained-economics/reforms-proposed-world-bank-multilateral-development-8990139/

THE BRI AT 10, SOME HITS, MANY MISSES

THE CONTEXT: Recently, the third Belt and Road Forum(BRF) was convened in Beijing, China which has put the spotlight back on Chinese signature initiative of Belt and Road Initiative (BRI). Even though the BRI is criticised for ground realities, all eyes will be on the future of the Belt and Road Initiative.

OUTCOME OF THE BRF

The BRF III is themed on “High-quality Belt and Road Cooperation: Together for Common Development and Prosperity”.
Three high-level forums were held under the topics of Connectivity in an Open World Economy, Green Silk Road for Harmony with Nature, and Digital Economy as a New Source of Growth, respectively.
Six thematic forums with focuses on Trade Connectivity, Maritime Cooperation, Clean Silk Road, Think Tank Exchanges, People-to-People Bonds, and Subnational Cooperation were respectively convened.

Chinese President announced the following major steps:

Building a multidimensional Belt and Road connectivity network.
Supporting an open world economy
Carrying out practical cooperation
Promoting green development
Advancing scientific and technological innovation.
Supporting people-to-people exchanges
Promoting integrity-based Belt and Road cooperation
Strengthening institutional building for Belt and Road international cooperation

WHAT IS BELT AND ROAD INITIATIVE (BRI)?

Belt and Road Initiative (BRI) is a large-scale infrastructure development programme launched by China in 2013.
In October 2017, the Belt and Road Initiative was written into the Communist Party’s Constitution, signalling an all-out effort to realize the vision.
The initiative aims to connect Asia with Europe and Africa through a network of railways, highways, ports, airports, and other infrastructure projects with the intent to promote trade, investment, and economic growth in participating countries.
The BRI comprises two main components:

1. The Silk Road Economic Belt : It focuses on improving connectivity and cooperation between China and countries in Central Asia, Europe, and West Asia.
2. Maritime Silk Road: It focuses on strengthening maritime cooperation between China and countries in Southeast Asia, South Asia, and Africa.

CHINA’S INTENT OF BRI

From regional to global: Early debates in China reveal the intent behind the Belt and Road Initiative (BRI). It was intended to be a gateway for China to transition from a regional power with global influence to a global power with comprehensive strength. It is argued that the BRI was China’s bid to reboot globalisation and rectify its shortcomings.
Infrastructure to counter rivals: A rising China also felt the need to develop new transport and trade arteries as alternatives to counter rivals to boost Chinese economy.
Challenging other lending institutions: China intends to put its money all over the world through the initiative and having a strong economic hold by challenging other lending institutions.
Building an economic order centred on countering the dollar: At the onset, China was pitching for the use of local currency in trade, with the intent of pushing out the dollar to build an economic order centred on China.

ACHIEVEMENT OF BRI

Since its introduction in 2017, the BRI has evolved into a comprehensive strategy for China, with greater involvement in projects.

The Chinese government’s white paper on BRI (“The Belt and Road Initiative: A Key Pillar of the Global Community of Shared Future”) revealed that over 200 BRI cooperation pacts had been inked with over 150 nations.
The document also stated that total two-way investment between China and partner countries from 2013 to 2022 touched $380 billion.
Under China’s Marshall Plan, motorways, power plants, ports, railway networks, and digital infrastructure have been built.
Some of the key projects are:

1. Laos High-speed railway: Laos took on huge loans from China to partially finance a $6 billion high-speed railway connecting it with the underdeveloped, landlocked nation.
2. Djibouti Naval base: China showered Djibouti with investment after bringing the small African nation into the BRI’s orbit, and a military base is the centerpiece of the project.

ISSUES WITH BRI:

Debt sustainability: One of the most significant criticisms of the BRI is that it is a debt trap, which involves China lending money to developing countries for infrastructure projects that they cannot afford to repay. Critics argue that this leads to countries becoming trapped in a cycle of debt and dependence on China, which can undermine their sovereignty and increase their vulnerability to economic and political pressure from China.
Social and environmental impact: There are also concerns regarding social and environmental impact of the infrastructure projects. A report from the ISEAS-Yusof Ishak Institute on the BRI has highlighted issues related to ecological damage, displacement of people, disputes over payouts and labour unrest.
Decentralised approach: The BRI is not a multilateral initiative but seen as a collection of bilateral projects. This decentralized approach leads to lack of coordination and create governance challenges. It lacks a centralized governing structure, making it difficult to address issues collectively.

INDIA’S POSITION

India is among the first countries to oppose the project, India had signalled its strong displeasure ahead of the first BRF over the inclusion of the China-Pakistan Economic Corridor (CPEC) as a BRI project.
The CPEC passes through Pakistan-Occupied Kashmir and is the main reason for India not participating in the BRI. It is against the sovereignty and territorial integrity of India.

THE WAY FORWARD:

India’s initiative: India need to participate actively with its partners in the region to offer alternative connectivity arrangements to its neighbours.
Global initiative: There is a need of strengthening of global initiatives to counter BRI. With the emergence of alternative initiatives, such as the G7’s Partnership for Global Infrastructure and Investment (PGII) and the EU’s Global Gateway Plan, could also shape the future of infrastructure development in developing countries.
China’s role: The future of the BRI will depend on China’s ability to address the challenges and concerns raised by participating countries and to adapt to changing global conditions.

To ensure the long-term sustainability and success of the BRI, China may need to focus on promoting greater transparency and sustainability in BRI projects and work collaboratively with participating countries to address debt sustainability concerns.

THE CONCLUSION: The BRI faces significant challenges, including concerns about debt sustainability and the impact of China’s economic slowdown. Here, there is a need to provide an alternative to BRI, but the larger and stronger economies have to come together to find a way ahead.

PREVIOUS YEAR QUESTIONS:

Q.1 The China-Pakistan Economic Corridor (CPEC) is viewed as a cardinal subset of China’s larger ‘One Belt One Road’ initiative. Give a brief description of CPEC and enumerate the reasons why India has distanced itself from the same. (2018)

Q.2 “China is using its economic relations and positive trade surplus as tools to develop potential military power status in Asia”. In the light of this statement, discuss its impact on India as her neighbour. (2017)

MAINS PRACTICE QUESTIONS

Q.1 BRI has raised geopolitical concerns regarding Chinese control over critical infrastructure, and it is blamed for its “debt-trap diplomacy’’. Analyse.

SOURCE: https://www.thehindu.com/opinion/op-ed/the-bri-at-10-some-hits-many-misses/article67435346.ece

ON MARRIAGE EQUALITY, THE SUPREME COURT STOPS SHORT

THE CONTEXT: In its latest judgment, the Supreme Court of India has taken some steps to protect same-sex unions from discrimination. But in the final analysis, the Court limited itself to protecting only a few rights instead of granting full recognition to same-sex marriage.

IS THE RIGHT TO MARRY A FUNDAMENTAL RIGHT?: RECENT VERDICT

According to the recent court verdict, marriage is an institution set up under law and same-sex couples do not have a right to participate in it unless the law permits them to do so.
The Court upheld the Special Marriage Act, 1954 in its current form, e., permitting marriages only between a ‘man’ and a ‘woman’. It does not extend it to same-sex marriages.
It upheld the institution of marriage flows from the statutes created by the state and the right to marry is not expressly recognized either as a fundamental or constitutional right under the Indian Constitution but a statutory right.
The Court held that same-sex marriage is possible only through specific law and that it can’t read into existing laws. The issue of codifying has been left to the government, which has been told to set up a committee to deliberate on same-sex marriages issue.

OTHER OBSERVATIONS:

The right to enter into a union and ability to choose partner is mentioned in Article 19 and Article 21.
The court observed that the bar on union between two queer persons based on their gender identity would be in violation of right under Article 15.
CJI also added that in Article 21 – sex must also be used to mean sexual orientation.

ISSUES:

Denied right to marry: As the recent verdict has not granted any approval on the right of marriage, this is discriminatory to queer people. As they are denied to create a union solely on account of their sexual orientation. Society’s recognition of marriage is a public recognition of that form of commitment that is being denied here.
Issue of adoption: The current laws embody a discriminatory assumption that only heterosexual parents can, as a couple, be appropriate parents.
Historical injustice: Queer people are facing historical injustice in the society and a larger web of discrimination is going on which affects not only their fundamental right but human rights as well. Discrimination also has indirect and deep consequences on society as
Religious and Cultural Beliefs: The union of same-sex couples is seen against religious and cultural beliefs. Also, it is seen as against the primary purpose of marriage that is procreation and thus seen as unnatural.
Legal issues: There are concerns that allowing same-sex marriage will create legal problems, such as issues with inheritance, tax, and property rights. There are not appropriate laws in the country to regulate on these issues.

THE WAY FORWARD:

Granting recognition to marriage: It should be on the part of the legislature to frame adequate laws to grant recognition to the marriage of queer people. It is the duty of the State to extend necessary protection. It would signal a positive message and acceptance in society for queer people as well.
Regulatory framework: There should be a separate anti-discrimination law and proper laws for punishment for the discriminatory practices against queer people to undo the historical injustice against the community as current laws are fragmented.
Collective force: There is a need of collective force for advocacy of queer marriage and all the NGOs, the activism has to be even strongly come forward and work on strategies and policies to bring in the consensus to understand the challenges.
Adoption regulation: Law on adoption should be on the basis of merit, not on sex. Merely because a relationship is regulated by law, it does not mean that couples who are not married does not mean they are not serious about their relationship.
Global recognition: A growing number of governments around the world are considering whether to grant legal recognition to same-sex marriages. India should also come forward to grant legal recognition for protection of their rights. State legislatures can enact laws recognising and regulating same-sex marriages; the Constitution under Articles 245 and 246 empowers both the Parliament and the State to enact marriage regulations. They need to create a gender-neutral law for marriage.

THE CONCLUSION: This judgment will only delay the already long and arduous struggle to create the conditions where same sex couples could live a life in freedom without fear. There is a need to create a more inclusive society by giving equal rights regardless of their gender.

PREVIOUS YEAR QUESTION

Q. Examine the scope of Fundamental Rights in the light of the latest judgement of the Supreme Court on Right to Privacy. (2017)

MAINS PRACTICE QUESTION

Q. The recent verdict has left the issue of codification of law to recognise same-sex marriage to the government instead of stepping into the domain of legislature. How far do you think this will address the concerns of queer people?. Explain in the context of recent judgments on queer people by Supreme Court.

SOURCE: https://indianexpress.com/article/opinion/columns/pratap-bhanu-mehta-writes-on-marriage-equality-the-supreme-court-stops-short-8987605/

OBCs AND SUBCATEGORIES: WHY THIS HAS BEEN A HOT-BUTTON ISSUE FOR LONG

THE CONTEXT: The publication of the results of the caste survey in Bihar had raised the possibility that other states too would announce similar exercises. In this respect, the Minister for Backward Classes Welfare in Andhra Pradesh recently announced that the state will begin a backward classes census soon.

ABOUT OTHER BACKWARD CLASSES (OBCs)?

The expression ‘OBC’ was coined to denote backward/ marginalised communities and castes that were not Scheduled Castes (SCs) or Scheduled Tribes (STs).
Affirmative action for OBCs is mandated by

Article 15(4) of the Constitution which states that “Nothing in this article shall prevent the State from making any special provision for the advancement of any socially and educationally backward classes of citizens.’’
Article 16(4) allows the state to make “any provision for the reservation of appointments or posts in favour of any backward class of citizens which, in the opinion of the State, is not adequately represented in the services under the State”.

However, the OBCs, which are the beneficiaries of 27% reservation in Central Govt jobs, are not a single category, and within the OBC, there are hundreds of castes, all at different levels of marginalisation.
The demand for reservation for the “backwards among OBCs” has gained traction as the feeling has grown that a handful of “upper” OBCs have grabbed most of the benefits of the 27% reservation that came with the implementation of the Mandal Commission.

HISTORICAL EVOLUTION OF THE OBC RESERVATION STATUS IN INDIA

With the establishment of Kalelkar Commission in 1953, backward classes were first recognised beyond the Scheduled Castes (SCs) and Scheduled Tribes (STs) on a national level.
In 1980, the Mandal Commission Report estimated that the OBC population constituted 52% and identified 1,257 communities as backward.
To address the inequity, it suggested an increase in the existing quotas (which were previously applicable only to SC/ST) from 22.5% to 49.5%, extending the reservation to include OBCs.
Following these recommendations, the central government implemented the reservation policy, reserving 27% of seats in union civil posts and services for OBCs under Article 16(4). This policy was also enforced in central government educational institutions under Article 15(4).
In 2008, the Supreme Court intervened and directed the central government to exclude the “creamy layer” (advanced sections) among the OBCs from benefiting from the reservation policy, ensuring that it reaches the most disadvantaged.
In 2018, 102nd Constitution Amendment Act granted constitutional status to the National Commission for Backward Classes (NCBC). This elevated the NCBC from its previous status as a statutory body under the Ministry of Social Justice and Empowerment, giving it more authority and recognition in safeguarding the interests of backward classes, including the OBCs.

WHAT IS SUB-CATEGORISATION OF OBCs?

The idea of sub-categorisation of OBC is to provide reservation to backwards amongst the OBCs which are granted 27% reservation in jobs and education under the central government.
For OBCs, the debate arises out of the perception that only a few affluent communities in the Central List of OBCs have secured a major part of the 27% reservation. By creating sub-categories within OBCs it would ensure “equitable distribution” of representation among all OBC communities. To examine this, the Rohini Commission was constituted on October 2, 2017.

About Rohini Commission

In 2017, the President of India constituted a 5 member commission to explore the concept of sub-categorization of OBC. The commission is headed by former Chief Justice of Delhi, G. Rohini.
This commission was appointed by the President by exercising the provisions given in Article 340 of the Indian Constitution.

Terms of Reference:

Examine the inequitable distribution of benefits among OBCs listed in the Central List.
Propose a scientific approach and parameters for sub-categorisation within OBCs.
Identify and classify the respective castes or communities into their respective sub-categories.
Study the entries in the Central List of OBCs and recommend corrections for repetitions, ambiguities, inconsistencies, and errors in spelling or transcription.

SUBCATEGORIES IN STATES

Over the decades, state governments have applied their own criteria to distribute quota benefits among the various categories of OBCs, a process that began well before the Mandal recommendations were implemented at the Centre
In Andhra Pradesh, OBCs are divided into five subcategories: (A) Aboriginal tribes, vimukt jatis, nomadic and semi nomadic tribes etc; (B) Professional group like tappers, weavers, carpenters, ironsmiths, goldsmiths, kamsalins etc; (C) SC converts to Christianity and their progeny; (D) all other OBC castes and communities not covered in the previous three categories; (E) 14 Muslim OBC castes, who were identified in 2007. Groups A-E share 29% reservation benefits, split into 7%, 10%, 1%, 7%, and 4% respectively. Telangana follows the same model.
In Karnataka, 207 OBCs castes are divided into five sub-groups.
Jharkhand has two groups: Extremely Backward Classes (EBCs) and Backward Classes.
West Bengal’s 143 OBC castes are divided into More Backwards and Backwards.
In Maharashtra, the 21% OBC reservation is shared by the Special Backward Category (2%) and Other Backward Classes (19%).
In Tamil Nadu, the 50% OBC quota is divided among Backward Classes (26.5%), Backward Class Muslims (3.5%), and Most Backward Classes/Denotified Community (20%).
In Kerala, 40% OBC reservation is divided into eight subgroups, including Ezhava/Thiyya/Billava (14%), and Muslims (12%).

CHALLENGES

Delay in sub-categorisation: There has been delay in sub-categorisation due to various issues including the disruptions caused by COVID-19 pandemic.
Complex issues: Enumeration of OBC data is administratively complex and the information lacks completeness and accuracy since the State and Central list of OBCs are distinct.
Breach of 50-per-cent ceiling: With sub categorisation, issue of more reservation will arise. It may lead to breach of apex court’s 50-per-cent ceiling, since many communities have sought separate reservations at the State and Central levels across India.
Lack of data: Government lacks information for data enumeration of OBC as data from 2011 Socio-Economic Caste Census were never made public.
Electoral politics: This sub categorisation can lead to manipulation of voters and can be used for electoral politics rather than ensuring marginalised communities issues.

THE WAY FORWARD:

Revision of list: There is a need of periodic revision of the income limit in determining the creamy layer with inclusion of factors such as the per capita income and rise in the cost of living, etc. There is a need to develop an evidence-based policy options that can be tailored to meet specific requirements of specific groups.
Use of Rohini Commission data: Recently released(not published) report of the Rohini Commission should be properly used for the classification of OBC without having any prejudice or bias.
Strong political will: Political parties should channel their energies to make substantive and qualitative changes in the way the reservation is implemented and not use it for vote bank politics.

THE CONCLUSION: With the issue of sub-categorisation is again raising the debate in the country, it should be done carefully. Also, there is a need to frequently revise the income limit in determining the creamy layer for non-discrimination and equal opportunity for the marginalised section.

PREVIOUS YEAR QUESTION

Q.1 How do you explain the statistics that show that the sex ratio in Tribes In India is more favourable to women than the sex ratio among Scheduled Castes? (2015)

Q.2 Though there have been several different estimates of poverty in India, all indicate reduction in poverty levels over time. Do you agree? Critically examine with reference to urban and rural poverty indicators. (2015)

MAINS PREVIOUS YEAR QUESTION

Q.1 The Sub-categorisation of OBCs aims to provide appropriate positive discrimination for the benefit of the downtrodden and economically backward sections of the society. Examine.

SOURCE: https://indianexpress.com/article/explained/obcs-and-subcategories-why-this-has-been-a-hot-button-issue-for-long-8989702/

WHEN TIGERS AND JACKALS GET THE SAME PROTECTION

THE CONTEXT: Ecologists are expressing concerns over the inclusion of larger number of species in the new schedules of the Wildlife Protection (Amendment) Act, 2022, with no consultation, process or logic.

WILDLIFE PROTECTION (AMENDMENT) ACT, 2022

The Act amends the Wild Life (Protection) Act, 1972 which regulates the protection of wild animals, birds and plants.

Some of the provisions are:

Implement the provisions of CITES: The Amended Act seeks to implement the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). Under CITES, plant and animal specimens are classified into three categories (Appendices) based on the threat to their extinction. The Convention requires countries to regulate the trade of all listed specimens through permits. It also seeks to regulate the possession of live animal specimens.
Penalties: The Amended Act increases the prescribed imprisonment terms and fines for violating the provisions of the Act.
Rationalising schedules:Earlier, the Wildlife Protection Act had six schedules one for specially protected plants, four for specially protected animals, and one for vermin species.

The amended Act reduces the total number of schedules to four by:

Reducing the number of schedules for specially protected animals to two (one for greater protection level)
Removes the schedule for vermin species
Inserts a new schedule for specimens listed in the Appendices under CITES (scheduled specimens)
Conservation reserves: Under the earlier Act, state governments may declare areas adjacent to national parks and sanctuaries as a conservation reserve, for protecting flora and fauna, and their habitat. The Amended Act empowers the central government to also notify a conservation reserve.

ISSUES:

Increased the number of species:The Amended Act seeks to increase the species protected under the law. In brief, Schedule 1, which confers the highest protection, contains about 600 species of vertebrates and hundreds of invertebrates, while Schedule 2 contains about 2,000 species (with 1,134 species of birds alone). This rationalisation has meant the inclusion of a very large number of species in Schedule I, which was meant essentially for critically endangered and endangered species. This also goes against the scientific logic of studying populations in the wild before deciding to place a species in Schedule I.
Only two level of protection: The amendment Act sought to rationalise the schedules, and has created only two main levels of protection for animals — Schedule I specifying the animal species with the highest level of protection, and Schedule II specifying the animal species with a relatively lower degree of protection. Schedule III in the amendment Act is for plant species, and Schedule IV is for species protected under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES).
More scrutiny for research: One of the issues with the new system of schedules is that scientists may require two levels of permissions from the state and the Centre to collect specimens. Any handling of animals in Schedule I requires permission from MOEFCC in addition to the state. Thus, any sample collection, tagging, ringing, etc. will now require state and Central permission. Thus, research on animals on both Schedules 1 and II will become highly restricted.
Issue of prioritisation: Another issue is about the new system not prioritising species as per their ecological importance, including whether they are endangered or not, whether their habitat is degraded or not. As Jackals and bonnet macaques are listed in the same protection as tigers and rhinos in Schedule I. On the other hand, the white-bellied sholakili is in Schedule 1, but the Palani laughingthrush, a bird with similar ecology and a far more restricted distribution, is in Schedule 2. This shows concern with conservation of species.
Limited consultation: A group of ecologists pointed out that the list of species in the amendment Act appears to have been created with little or no consultation. Only a few wildlife ecologists were aware of large-scale changes to the list of species in the schedules. Consequently, the outcomes of the new schedules are not based on science.
Issue of resources: Despite listing of hundreds of species of mammals and over 1,000 species of birds it is unclear where resources should be allocated on the basis of this list.
Impact on people: One of the more important issues concerns the impact on people. Various Schedule 1 species pose enormous physical, mental and economic harm to people. And yet people are told to learn ‘co-existence’ and WLPA serves to enforce this viewpoint. For example, the new Act elevates wild pigs and nilgai to Schedule 1, which means that the few States that have now allowed limited culling of problematic animals may not be able to retain that policy.
Impact on livelihood of local communities: The WLPA also has a restrictive view on hunting and the use of animals, even when it has been done traditionally for hundreds of years, which affects the livelihood of local communities.

THE WAY FORWARD:

Protect Local Communities: As local communities are dependent on the wildlife for their livelihood, there should be regulated use of forest resources to support the livelihoods of local communities.
Transparency in research: There must be a transparent and time-bound process of granting permissions to research projects, which are necessary to understand species and have conservation implications. In the future, India will need to rely on specialised wildlife biologists and disease ecologists to understand rapidly emerging health threats to wildlife and humans and recommend innovative conservation plans and hence research in wildlife should be encouraged and facilitated.
Need for prioritization: The listing of species has led to an imbalance in the allocation of resources for the protection of vulnerable species. There is an urgent need to prioritize the wildlife animals who are most vulnerable on the list, and that should be done with proper consultation. There should be a very scientific basis for the inclusion of species in schedules, and that should be updated from time to time.

THE CONCLUSION: The recent amendment to Wildlife Protection Act has led to enormous impact on conservation of species, research and livelihood as well. Therefore, all three issues conservation, people’s issues, and research need to be attended with different degrees of urgency.

PREVIOUS YEAR QUESTION

Q. How does the draft Environment Impact Assessment (EIA) Notification, 2020 differ from the existing EIA Notification, 2006? (2020)

MAINS PRACTICE QUESTION

Q. The recent amendments to the Wildlife Protection Act, 1972 can have debilitating effects on research and conservation of species. Examine and suggest measures to address the issue.

SOURCE: https://www.thehindu.com/opinion/op-ed/when-tigers-and-jackals-get-the-same-protection/article67430687.ece#:~:text=The%20same%20level%20of%20protection,the%20felling%20of%20native%20trees.

LOST VOICE: ON INDIA’S ABSTENTION ON THE GAZA VOTE AT THE UN

MORE ON THE NEWS:

ABOUT UNGA:

INDIA’S STAND:

HISTORY:

THE MAJOR POINTS OF CONFLICT:

THE WAY FORWARD:

THE CONCLUSION:

PREVIOUS YEAR QUESTION:

MAINS PRACTICE QUESTION:

INDIANS ARE CHOKING ON POLLUTION. HOW CAN IT BE STOPPED?

MORE ON THE NEWS: SITUATION OF AIR POLLUTION IN INDIA

SOME FINDINGS OF AIR LIFE QUALITY INDEX

AIR QUALITY LIFE INDEX (AQLI)

NATIONAL AIR QUALITY INDEX?

SOURCES OF AIR POLLUTION

CAUSES OF AIR POLLUTION

IMPACTS OF AIR POLLUTION

THE WAY FORWARD:

THE CONCLUSION:

PREVIOUS YEAR QUESTIONS

MAINS PRACTICE QUESTION

TIME AND CHANGE: ON THE PARLIAMENTARY STANDING COMMITTEE ON HOME AFFAIRS AND NEW CRIMINAL LAWS

MORE ON THE NEWS

WHY WERE THE BILLS INTRODUCED?

ISSUES RAISED BY THE OPPOSITION

THE WAY FORWARD

THE CONCLUSION:

PREVIOUS YEAR QUESTIONS

MAINS PRACTICE QUESTIONS

POLITICAL MISINFORMATION IS A PROBLEM. BUT ASKING WHATSAPP TO RISK USER PRIVACY IS THE WRONG SOLUTION

MORE ON THE NEWS:

INFORMATION TECHNOLOGY INTERMEDIARY GUIDELINES 2021

RULE 4(2) OF THE 2021 INFORMATION TECHNOLOGY INTERMEDIARY GUIDELINES

INFORMATION TECHNOLOGY (INTERMEDIARY GUIDELINES AND DIGITAL MEDIA ETHICS CODE) AMENDMENT RULES 2023

ISSUES ARISING OUT OF REGULATION

THE CONCLUSION:

PREVIOUS YEAR QUESTIONS

MAINS PRACTICE QUESTION

A CHINA-INDIA PARTNERSHIP, ITS VAST GLOBAL POTENTIAL

CHINA AND INDIA RELATION:

ISSUES:

THE WAY FORWARD:

THE CONCLUSION:

PREVIOUS YEAR QUESTION:

MAINS PRACTICE QUESTON:

BREAKING THE ICE: HOW INDIA CAN HELP SAVE THE ARCTIC

ISSUES IN THE ARCTIC REGION:

WHAT IS ARCTIC COUNCIL?

INDIA AND THE ARCTIC

THE WAY FORWARD

THE CONCLUSION:

PREVIOUS YEAR QUESTIONS

MAINS PRACTICE QUESTION

THE VOICE OF A GAZA UNDER OCCUPATION

MORE ON THE NEWS:

ABOUT ISRAEL HAMAS CONFLICT:

HISTORY:

The wars on the Gaza Strip:

ISSUES:

SIGNIFICANCE FOR INDIA:

THE WAY FORWARD:

THE CONCLUSION:

PREVIOUS YEAR QUESTION:

MAINS PRACTICE QUESTION:

WHY MUMBAI IS WITNESSING MORE POOR AIR QUALITY DAYS?

MORE ON THE NEWS:

CAUSES OF AIR POLLUTION

STEPS TAKEN BY AUTHORITIES:

THE WAY FORWARD

THE CONCLUSION:

PREVIOUS YEAR QUESTIONS

MAINS PRACTICE QUESTION

WARMING TIES: ON BHUTAN-CHINA RELATIONS AND INDIA’S CONCERNS

MORE ON THE NEWS:

BOUNDARY ISSUE BETWEEN BHUTAN AND CHINA:

ISSUES FOR INDIA

India- Bhutan Relation

SILIGURI CORRIDOR:

THE WAY FORWARD: