THE CONTEXT: Earth has significant treasures(minerals) engulfed in its frame. These treasures have been driving mankind in the form of energy. The more energy resources, the better you are placed in the geopolitical hierarchy. No wonder, energy and geopolitics have always been closely linked. The twentieth century saw access to energy resources become a major factor in determining the winners of wars, oil producers banding together to create new global alliances, and price swings that spurred or deterred the adventurism of superpowers. The contemporary geopolitics of energy is analysed in the following article.

GEOPOLITICS & ENERGY: UNDERSTANDING THE INTERSECTION

Geopolitics is the battle for space and power played out in a geographical setting. Just as there are military geopolitics, diplomatic geopolitics and economic geopolitics, there is also energy geopolitics. Natural resources and the trade routes that bring those resources to consumers are central to the study of geography. The Geopolitics of Energy Project explores the intersection of energy, security, and international politics.

• RESOURCE CURSE: Coal-rich countries were the first to industrialize in the 1800s; the shift to oil from coal over the next century brought with it a rise in the strategic importance of the Middle East.
  • Unfortunately, this resource abundance in the Middle East has resulted in myriad civil upsurges and militancy throughout the region.
  • Since the second half of the 20^th century, control of oil resources has played a central role in several wars, such as the Iran-Iraq War (1980-1988), the Gulf War (1990-1991), etc.
• ENERGY DRIVEN TRADE ROUTES: The geopolitics encircling the South China Sea serve as a good example of how even maritime routes which engulf rich energy resources within themselves play a crucial role in geopolitical developments. The assertion of sovereignty over disputed areas is the aim, and China has considered joint oil and gas exploration as an important policy tool in this pursuit.
  • Southeast Asian states and prospective operators face considerable geopolitical risks due to China’s expansive territorial claims.
• CHANGING DYNAMICS OF ENERGY: The global concern for more than half a century, oil and natural gas have been at the heart of the geopolitics of energy. However, the over-dependence on oil & gas has brought the global issue of global warming to the forefront.
  • Many important events like the Kyoto Protocol signing & Paris Agreement marked critical steps forward in global efforts to respond to the challenge of global warming.
  • Thus, there is growing emphasis on the transition towards renewable energy.
• EMERGENCE OF NEW ALLIANCES: Meanwhile, technological advances have increased the competitiveness of solar and wind energy technologies, batteries and electric cars.
  • The convergence of these two elements has started to reshape the global energy system. This can be seen in India establishing the International Solar Alliance.
• REPERCUSSIONS OF CONFLICTS: Ukraine-Russia war has disrupted the supply of natural gas and sanctions on Russia have changed the dynamics of oil exports from Russia.

CONTEMPORARY DEVELOPMENTS RELATED TO GEOPOLITICS OF ENERGY

STRATEGIC IMPORTANCE

REGION

THE MIDDLE EAST

• The Middle East and North Africa (MENA) region has about 57% of the world’s proven oil reserves and 41% of proven natural gas resources. MENA is also endowed with unique solar resources.
• Apart from the first oil shock of 1973, the Middle East region has faced several geopolitical conflicts like the oil crisis in the 1990s(Persian Gulf Crisis) followed by the recent Syrian crisis.

THE USA

• The United States uses and produces many different types and sources of energy, which can be grouped into general categories such as primary and secondary, renewable and nonrenewable, and fossil fuels.
• Primary energy sources include fossil fuels (petroleum, natural gas, and coal), nuclear energy, and renewable sources of energy. Electricity is a secondary energy source that is generated (produced) from primary energy sources.

RUSSIA

• Russia is rich not only in oil, gas and coal but also in wind, hydro, geothermal, biomass and solar energy, the resources of renewable energy. However, fossil fuels dominate Russia’s current energy mix, while its abundant and diverse renewable energy resources play little role.
• In 2021, Russian crude and condensate output reached 10.5 million barrels per day (BPD), making up 14% of the world’s total supply.
• Russia has a wide-reaching gas export pipeline network, both via transit routes through Belarus and Ukraine, and via pipelines sending gas directly into Europe. Russia’s natural gas accounted for 45% of imports and almost 40% of European Union gas demand in 2021.

SOUTH CHINA SEA

• The South China Sea is an arm of the western Pacific Ocean in Southeast Asia. It is south of China, east & south of Vietnam, west of the Philippines and north of the island of Borneo.
• This sea holds tremendous strategic importance for its location as it is the connecting link between the Indian Ocean and the Pacific Ocean (Strait of Malacca).
• According to the United Nations Conference on Trade And Development (UNCTAD), one-third of the global shipping passes through it, carrying trillions of trade which makes it a significant geopolitical water body.
• The U.S. Energy Information Agency estimates that the South China Sea holds about 190 trillion cubic feet of natural gas and 11 billion barrels of oil in proved and probable reserves, most of which lie along the margins of the South China Sea rather than under disputed islets and reefs.

CONTEMPORARY DEVELOPMENTS

REGION

THE MIDDLE EAST

• The Indo-Pacific region will become increasingly reliant on the Middle East for its oil: By 2030, 80 per cent of China’s oil will come from the Middle East, and 90 per cent in the case of India. (Japan and South Korea remain 100 per cent dependent on oil imports.)
• China’s reliance on the Middle East will be buttressed by its concomitant and growing dependence on former Soviet Central Asia for energy.
• OPEC is largely a result of Geopolitical developments in the Middle East. The member nations collectively influence the quantity of oil produced. For example, the post-pandemic slowdown pushed OPEC nations to reduce oil production.

THE USA

• The United States is emerging as a global energy-producing giant in its own right. U.S. shale oil production will more than triple between 2010 and 2020.
• Shale gas has risen from 2 per cent to 37 percent of U.S. natural gas production. The United States has now overtaken Russia as the world’s biggest natural gas producer.
• Some estimates put the United States as overtaking Saudi Arabia as the world’s largest oil producer by the end of the current decade
• When combined with Canadian oil sands and Brazil’s oil lying beneath salt beds, these shifts have the potential to make the Americas into the “new Middle East” of the 21st century

RUSSIA

• Russia is increasingly shifting its focus of energy exports to East Asia. China is on track to perhaps become Russia’s biggest export market for oil before the end of the decade, even as Russian energy firms are now developing a closer relationship with Japan in order to hedge against their growing emphasis on China.
• Repercussions of conflicts: Russia’s assault on Ukraine has roiled global energy markets and turned the climate policy conversation upside down.
• In Europe, disrupted gas exports from Russia, the world’s second-largest producer, threaten economic activity and the ability of people to heat their homes. This threat to energy security has kicked off a flurry of responses, including U.S. efforts to help expand and diversify the region’s liquefied natural gas (LNG) supply.

SOUTH CHINA SEA

• China lays claim to nearly all of the South China Sea, including the Paracel Islands.
• However, Taiwan, the Philippines, Brunei, Malaysia and Vietnam also claim parts of the region, believed to hold valuable oil and gas deposits.
• Since 2010, China has been converting uninhabited islets into artificial islets to bring them under UNCLOS (examples would include Haven Reef, Johnson South Reef and Fiery Cross Reef).
• China has been changing the size and structure of the reefs by modifying their physical land features. It has also established airstrips on Paracel and Spratly.

INDIA’S STAND ON GEOPOLITICS OF ENERGY

India imports about 85% of the oil it needs. Thus, a spike in the price of oil makes a big difference not just to domestic cost conditions but also to the balance of payments.

INDIA’S APPROACH

REGION/ISSUE

US SANCTIONS ON IRAN

• India has invested in the Chabahar port in Iran and highways that provide an alternative route to both Afghanistan and Central Asia, bypassing Pakistan, thereby making Iran important for the long-term interests of India.
• Following the US imposing sanctions on Iran, in 2018, India had to look for alternatives for its imports. India was a second-biggest buyer of Iranian oil after China before sanctions halted supplies in May 2019.
• India has invested more in its relationship with Saudi Arabia and other anti-Iranian Gulf monarchies. Such improvement in relationships will put pressure on India to moderate its support for Iran. No wonder, in 2020-21, Iraq was India’s biggest oil supplier, followed by Saudi Arabia and the UAE.

SOUTH CHINA SEA

• India has maintained that it is not a party to the SCS dispute and its presence in the SCS is not to contain China but to secure its own economic interests, especially that of its energy security needs.
• As a key element of the Act East Policy, India has started internationalizing disputes in the Indo-Pacific region to oppose China’s threatening tactics in SCS.
• Also, India is part of the Quad initiative (India, US, Japan, Australia) and the lynchpin of the Indo-Pacific narrative. These initiatives are viewed as a containment strategy by China.
• State oil group Petrovietnam and the overseas unit of state explorer Oil & Natural Gas Corp (ONGC) have signed a memorandum on joint exploration of crude oil in Vietnam’s Exclusive Economic Zone.

RUSSIA-UKRAINE CONFLICT

• India is exploring alternative payment channels for trade with Russia and the possibility of sourcing additional oil at a discount, even as the Western countries led by the USA reduce its exposure to Russian oil.
• In order to shield the economy from the negative impact of the recent surge in crude oil prices, India is exploring the possibility of importing additional oil at discounted rates from Russia, which is facing sanctions and global backlash due to the Ukraine conflict. On the back of rising crude oil purchases, India’s bill for imports from sanctions-hit Russia jumped 3.5 times in a year in April to $2.3 billion.
• India’s stand of trading for comparatively cheaper Russian oil has created an element of doubt in the west. Despite pressure from Western nations, India did not pick a side and it chose to maintain a neutral stance considering its historical relationship with Russia.                                                           

THE CONCLUSION: India is a sovereign nation and not a client state of any great power. Thus, vouching for its own interests is right in every sense. Like any other country, India also retains the right to take policies based on pragmatic realism and its core national interests. And India thinks that a neutral position anchored in strategic autonomy which keeps channels open with both sides is what serves its interests. Decisions made about energy today will influence what the world looks like tomorrow, just as the political and security events of today, be it the Arab Spring or the devastating earthquake and tsunami in Japan will shape energy realities. Thus, global geopolitics must be driven by values like inclusivity and sustainable energy resources so as to avoid conflicts and struggles for energy.

QUESTIONS TO PONDER

• Illustrate with suitable examples the interplay between Geopolitics and Energy security.
• Examine how changes in global geopolitics influence the energy security of India. Is India’s response to these geopolitical developments appropriate? Give your views.
• “There is no higher interest than national interest.” Comment with reference to contemporary geopolitics of energy.

THE CONTEXT: Ever since the 1^st Industrial Revolution, the human imprints on elements of nature have been intense and unprecedented. This led to the emergence of Environmental Ethics. Environmental ethics is the discipline in philosophy that studies the moral relationship of human beings to, and also the value and moral status of, the environment and its non-human contents.  The following article attempts to explain the concepts of shallow and deep ecologism and establish the differences between the two views.

QUESTIONS THAT COMPEL THE NEED FOR ENVIRONMENTAL ETHICS IN PRESENT TIMES

• Existential crisis: Suppose putting out natural fires, culling feral animals or removing some individual members of overpopulated species is necessary for the protection of the integrity of a certain ecosystem.
• Subsuming cultures and practices:Is it morally acceptable for farmers in non-industrial countries to practice slash and burn techniques to clear areas for agriculture?
• Rapid modernization: Consider a mining company which has performed open pit mining in some previously unspoiled areas. Does the company have a moral obligation to restore the landform and surface ecology?
• Rebuilding nature: Can the value of a humanly restored environment be compared with the originally natural environment?

These are among the questions investigated by environmental ethics. Some of them are specific questions faced by individuals in particular circumstances, while others are more global questions faced by groups and communities. One of the most radical forms of environmental ethics is deep ecology which was first advocated by Norwegian philosopher Arne Naess. The alternative to deep ecology is often referred to as shallow ecology.

DEEP AND SHALLOW ECOLOGY: A COMPARATIVE ANALYSIS

Both Deep and Shallow ecology have recognized and examined the anthropogenic problems with the environment, albeit in different ways.

DEEP ECOLOGISM

BASIC TENETS

• Deep ecologism believes that humans should radically change their relationship with nature.
• Its proponents reject shallow ecologism for prioritizing humans above other forms of life, and subsequently preserving the environmentally destructive way of life in modern societies.

ESSENCE

• The core theme of deep ecology is the claim that all living things have the same right to live and flourish. This means that the interests of other living beings have to be treated as seriously as the interests of humans.
• A rainforest, for example, can no longer be regarded as a valueless wood resource. Instead, it is a collection of living things, all of which have a right to live and flourish.

PLACE OF NATURE

• Nature is said to have intrinsic value. It is valuable even if humans can find no use for it.

TAKE ON CLIMATE CHANGE

• From a deep ecological perspective, climate change is wrong because it will affect the well-being of billions of living beings.
• Even if we could provide a way of protecting humans from climate change, it would still be a bad thing because many other living beings would suffer.

STANCE ON ANTHROPOCENTRISM

• Another aspect of deep ecology is the idea that we should expand our idea of who we are so that it includes the natural world. This is known sometimes as the expanded self. If we harm nature then we are really harming ourselves.
• Deep ecology rejects anthropocentrism in favour of ecocentrism or biocentrism. This is because the damage caused to other life forms would adversely affect

DECISION MAKING ON ENVIRONMENTAL CRISIS

• It considers that developed countries are more responsible for climate change. Hence, argues for a holistic perspective to the crisis which acknowledges regional differences and the disparities between under and over-developed nations.

AREA OF INFLUENCE

• This branch of ecologism primarily serves to maintain the lifestyle of those dwelling in developing countries.

VIABILITY IN THE PRESENT CONTEXT

• It will not permit the use of vehicles that pollute the environment.
• Could rather, turn toward Electric Vehicles.

SHALLOW ECOLOGISM

BASIC TENETS

• The fashionable fight against pollution and resource depletion is shallow ecologism.
• Exponents of this philosophy believe in continuing our present lifestyle, but with specific tweaks aimed at minimizing the damage to the environment.

ESSENCE

• Shallow ecology rejects ecocentrism and biocentrism. Shallow ecologists claim that there is nothing necessarily wrong with the anthropocentric worldview.

PLACE OF NATURE

• Nature is only valuable insofar as it serves human interests. This is sometimes known as instrumental value.

TAKE ON CLIMATE CHANGE

• From this perspective, climate change is bad because it will affect human interests.
• It is humans that will ultimately suffer if climate change is allowed to occur.
• Damage caused by climate change might, for example, mean that it is difficult to obtain natural resources. It might also be that humans would simply not like to live on a damaged planet.

STANCE ON ANTHROPOCENTRISM

• Shallow ecologists claim that there is nothing necessarily wrong with the anthropocentric worldview.
• Even if there was a way of protecting humans from the effects of climate change, shallow ecologists would still think it was a bad thing to splurge for the cause of Climate Change.

DECISION MAKING ON ENVIRONMENTAL CRISIS

• A ‘Global’ approach to the environmental crisis is preferred.

AREA OF INFLUENCE

• This branch of ecologism primarily serves to maintain the lifestyle of those dwelling in developed countries.

VIABILITY IN THE PRESENT CONTEXT

• Also, it may include the use of vehicles that cause less pollution or air conditioners that do not release chlorofluorocarbons (CFCs).

DEEP ECOLOGISM: THE WAY TO GO

• IN WAKE OF GROWING INEQUALITIES: Deep ecologism maintains that by not changing the lifestyle, shallow ecologism further widens the inequalities between countries. For instance, despite constituting only 5% of the world’s population, the U.S. accounts for 17% of the world’s energy consumption and is the second largest consumer of electricity after China.
• FOR BRIGHTER & HEALTHIER FUTURE: Deep ecologism aspires to sustain nature by making large-scale changes to our lifestyle. These may include limiting the commercial farming of meat to preserve forest areas and reduce the artificial fattening of animals or the reshaping of transport systems which involve the use of internal combustion engines or electronic mobility.
• FOR PEACEFUL COEXISTENCE: To recognise the complex richness of different lifeforms, deep ecologism calls for a re-evaluation of the ‘survival of the fittest doctrine. Survival of the fittest should be understood through the human ability to cooperate and coexist with nature, as opposed to exploiting or dominating it. Deep ecologism thus prioritizes a ‘live and let live’ attitude over an ‘either you or me’ approach.
• BROADER APPROACH:Næss argues that a narrow focus on pollution and conservation movements is counterproductive. He believes that when projects are only implemented to solve pollution, it generates evils of a different kind. For instance, the installation of pollution control devices may increase the cost of living, leading to an increase in class differences. An ethically responsible ecologism is one which operates in the interest of all economic classes.

THE CONCLUSION: Owing to increased anthropocentrism, humans have cut themselves off from nature, viewing nature and themselves as competing entities and establishing a master-slave dynamic. A narrow focus on pollution and conservation movements is counterproductive. A holistic perspective to the environmental crisis is one which acknowledges regional differences and the disparities between under and over-developed nations. While low and middle-income countries have recorded lower cumulative and per capita carbon dioxide emissions over the past two centuries, it is the wealthier countries which are most responsible for a majority of carbon emissions. Thus, profound wisdom (as mentioned by Socrates) of deep ecologism is required so as to annihilate practices and conduct derogatory to the overall environment. We should adopt ethically responsible ecologism which operates in the interest of all economic classes.

QUESTIONS TO PONDER

• Evaluate the need for Environmental Ethics in present times.
• Discuss how both Deep and Shallow ecologism have recognized and examined the anthropogenic problems with the environment. Which one according to you is more relevant in present times?
• “A narrow focus on pollution and conservation movements is counterproductive.” In the light of the statement, explain ‘Deep Ecologism’

THE CONTEXT: The Environmental Performance Index, 2022 (EPI 2022)released on World Environment Day (June 5) is in news due to India’s dismal rank. The Index has ranked India at the bottom position among 180 countries. However, some environmental experts have noted some flaws in the methodology of the Index. Even the Ministry of Environment has issued a rebuttal saying the indicators used in the assessment are based on ‘unfounded assumptions’. This article discusses the report in detail and why India has issued a counterargument to the report.

ENVIRONMENT PERFORMANCE INDEX

Ø  The EPI is an international ranking system of countries based on their environmental health. It is a Biennial Index, first started in 2002 as the Environment Sustainability Index by the World Economic Forum.

Ø  It is prepared by the Yale Centre for Environmental Law and Policy in collaboration with the Columbia University Centre for International Earth Science Information Network.

Ø  EPI 2022 uses 40 performance indicators to assess and rank 180 countries. The indicators “measure how close countries are in meeting internationally established sustainability targets for specific environmental issues”.

Ø  The 40 indicators are under the broad categories of climate change performance, environmental health, and ecosystem vitality. The 2022 EPI has included new parameters to its earlier assessments, with projections of progress towards net-zero emissions in 2050, as well as new air quality indicators, and sustainable pesticide use.

KEY FINDINGS OF ENVIRONMENTAL PERFORMANCE INDEX, 2022

Ø  India has been ranked 180(last out of 180 countries) with a score of 18.9. India’s rank was 168 (score 27.6) in 2020. India has been ranked lower than Pakistan, Bangladesh, Vietnam and Myanmar, the poorest performers. Denmark tops the list with a score of 77.9.The United Kingdom and Finland secured 2nd and 3rd positions.

Ø  India ranks close to the bottom on a number of indicators including:

• Ecosystem Vitality (178th),
• Biodiversity (179th),
• Biodiversity Habitat Index (170th),
• Species Protection Index (175th).

Ø  Apart from this, there is a dismal performance with respect to wetland loss,

• Air Quality (179th),
• PM 2.5 (174th),
• Heavy Metals such as Lead in water (174th),
• Waste Management (151st) etc.

Ø  The report suggests that China, India, the U.S., and Russia will account for over 50 per cent of residual global greenhouse gas emissions in 2050. (Greenhouse gasses (GHG) include carbon dioxide, methane, fluorinated gasses, and nitrous oxide.)

REASONS ATTRIBUTED TO INDIA’S POOR RANK

AIR POLLUTION

• India is home to 21 of the 30 most polluted cities in the world and has air quality rated one of the poorest in the world. Over 16 lakh people in India die from air pollution every year, according to the report.
• It also identifies household fuel combustion as the largest contributor to the country’s particulate matter emissions.
• Seven indicators are used to determine the air quality in the listed countries. These include PM 2.5 exposure, household solid fuels, ozone exposure, nitrogen oxides exposure, sulphur dioxide exposure, carbon monoxide exposure, and volatile organic compound exposure.

PLASTIC WASTE GENERATION

• India and Indonesia have been identified as the top two generators of marine plastic waste in the world, while China has managed to decrease its ocean plastic pollution. Ocean plastic pollution is measured as an absolute quantity of the amount of plastic released by a country into the ocean annually. Indonesia, India, the U.S, Brazil and Thailand are the top five producers of ocean plastic pollution and are responsible for 43% of the global total.

PROTECTION OF BIOMES

• In an analysis of countries protecting the world’s biomes, India emerged at the bottom in five out of 14 sub-categories – the most for a single nation.

The Environmental Performance Index report noted that most countries that scored low have prioritized economic growth over sustainability.

OBJECTIONS HAVE BEEN RAISED BY INDIA:

• As per the Environment Ministry, some of the indicators used for assessing performance are extrapolated and based on unscientific methods.
• Shifting of weightage on many indicators has resulted in India’s low ranking. For example, for black carbon growth, India’s score actually improved from 32 in 2020 to 100 (the top score) in 2022. However, the weightage of this indicator has been reduced to 0.0038 in 2022 from 0.018 in 2020. Climate Change has been given very high weightage (38% or 0.38) and tends to neglect the development needs of poorer countries.
• Similarly, the low weightage given to per-capita GHG emissions automatically reduces the ranks of countries like India and China. The projection for GHG emissions has been computed based on the average rate of change in emissions over the last 10 years. It is not based on modelling that takes into account a longer period, the extent of renewable energy capacity and use, additional carbon sinks etc. Crucial carbon sinks that mitigate GHG, such as forests and wetlands, have not been taken into account by the report.
• Further, India’s low emissions trajectory, unlike the high historical trajectories of developed countries, has been ignored. The US and the EU should have the highest-burden considering their historic emissions.
• The EPI assumes every country is in the same position economically, developmentally and environmentally, therefore all had to achieve net zero emissions by 2050.
• Other Objections:
• The index emphasizes the extent of protected areas rather than the quality of protection that they afford. The computation of biodiversity indices does not factor in the management effectiveness evaluation of protected areas.
• Indicators such as agrobiodiversity, soil health, food loss and waste are not included even though they are important for developing countries with large agrarian populations.

THE ANALYSIS OF THE ISSUE:

• The report has found that “good policy results are associated with wealth (GDP per capita)’’, meaning economic prosperity makes it possible for nations to invest in policies and programmes that lead to desirable outcomes. This trend is especially true for issue categories under the umbrella of environmental health, as building the necessary infrastructure to provide clean drinking water and sanitation, reduce ambient air pollution, control hazardous waste, and respond to public health crises yields large returns for human well-being, however in pursuit of economic prosperity (manifested in industrialisation and urbanization) often means more pollution and other strains on ecosystem vitality, especially in the developing world and hence poorer rank.
• According to environmental scientists in India, the weights are the agency’s discretion; but giving climate change such a high weightage is problematic. The EPI 2022 makes an assumption that every country has to reach net zero by 2050 — whereas the understanding is that developing countries will need more time. India has also committed to Net-Zero Emissions by 2070. Noone can be expected to forgo energy for development. The EPI 2022 is neither ethically correct nor reflects the political reality.
• In developing countries, of which many like India have low emissions trajectories, the contribution is not that emissions reduce but to avoid locking into higher emissions trajectories. That is what is expected of developing countries, but the methodology used doesn’t allow for that and the government is correct in pointing this out.

THE WAY FORWARD:

• The parameters of the report should be modified in order to enhance its credibility. The accurate method would be to calculate GHG emissions per capita. Further, a model should be created with coefficients taking into account the effect of policies to reduce emissions. This will help in the better projection of the values for future years. Such policies include increased use of renewable energy and electric vehicles or the creation of a carbon sink.
• Climate change is a global environmental problem, and because its effects depend on the accumulation of greenhouse gases over time, measuring progress in a given country is challenging. Unlike air quality, where absolute increases or decreases in emissions of air pollutants in that country signal progress, climate change mitigation has to be measured against what it is reasonable and fair to expect from different countries, taking into account their past emissions as well as national contexts.
• India must make sure that its current environmental policies and commitments are duly honoured. For instance, India has announced a ban on single-use plastic, in effect from 1^st July 2022. The policy should be properly implemented and also the masses be made aware of the contributions that they can make.
• India must strengthen its environmental litigation framework by establishing more benches of National Green Tribunals across the country. This will promote environmental consciousness and encourage people to file complaints against the violators.
• The present approach is bound to make richer countries look good, because they have accumulated emissions in the past, but these have started declining in the last decade. Meanwhile, poorer countries that have emitted comparatively little in the past, look bad even as they are grappling with addressing poverty while trying to limit emissions.Through choices of biased and skewed benchmarks, also hurts honest global conversation and much-needed progress on the global climate crisis that it purports to foreground it should not stifle honest conversation. The needed changes in the methodology shall be made.
• Whatever may be the findings of the report and the rebuff by the government, India’s local environmental performance on air, water and forests is deeply problematic.Air quality in India is now the second largest risk factor for public health in India, behind only child and maternal nutrition. Rivers and lakes are increasingly polluted, rivers are drying, groundwater tables are rapidly declining, and gains in tree cover hide declining natural productivity and diversity of forests and grasslands. Solid waste mounts and pesticide contamination is unabated. It is time that we look within and have more stringent implementation and execution of the programmes and policies.

THE CONCLUSION: Indexes are inherently problematic, especially when applied to something as multi-dimensional and complex as environmental performance. In trying to quantify, aggregate and rank, index makers have to make judgements about what issues count, how they are best measured individually, and how much importance to give to each issue and indicator in aggregating. Moreover, when ranking countries, one is essentially applying the same standard across vastly different socio-ecological contexts – this involves difficult choices and demands changes in the approach. Despite the inconsistencies in the Environmental Performance Index 2022, the Government should not ignore the fact that India experiences severe environmental issues (especially air pollution) that need to be addressed urgently for attaining sustainable development.

Mains Practice Question:

1. Indexes are inherently problematic, especially when applied to something as multi-dimensional and complex as environmental performance. Analyze in context of Environment Performance Index, 2022.
2. The Government of India has questioned the parameters of the recently released Environmental Performance Index 2022. What are the parameters questioned and suggest ways to maintain the principle of equity among the nations to address the environmental challenges?

THE CONTEXT: Recently, the Centre has defined a list of single-use plastic items that will are banned from 1st July 2022.The manufacture, import, stocking, distribution, sale and use of notified single-use plastic, including polystyrene and expanded polystyrene, commodities are also prohibited with effect from the 1st July 2022. This article analyses the ban on single-use plastic for greater benefits and related concerns.

SINGLE-USE PLASTIC

ABOUT

It refers to plastic items that are used once and discarded.

HIGHEST SHARES OF PLASTIC MANUFACTURED AND USED

Single-use plastic has among the highest shares of plastic manufactured and used — from the packaging of items to bottles (shampoo, detergents, cosmetics), polythene bags, face masks, coffee cups, cling film, trash bags, food packaging etc.

MINDEROO FOUNDATION 2021 REPORT

• Accounts for a Third of all Plastic Produced Globally:

According to a 2021 report of the Minderoo Foundation, an Australian philanthropic organization, single-use plastics account for a third of all plastic produced globally, with 98% manufactured from fossil fuels.

• The Majority of Plastic Discarded:

Single-use plastic also accounts for the majority of plastic discarded – 130 million metric tonnes globally in 2019 — all of which is burned, buried in landfills or discarded directly into the environment.

• Contribution to Greenhouse Gas Emissions:

On the current trajectory of production, it has been projected that single-use plastic could account for 5-10% of greenhouse gas emissions by 2050.

• Data for India:

o   The report found that India features in the top 100 countries of single-use plastic waste generation – at rank 94 (the top three being Singapore, Australia and Oman).

o   With domestic production of 11.8 million metric tonnes annually, and import of 2.9 MMT, India’s net generation of single-use plastic waste is 5.6 MMT, and per capita, generation is 4 kg.

PLASTIC ITEMS TO BE BANNED:

• The items on which the Central Pollution Control Board (CPCB) have announced a ban are earbuds; balloon sticks; candy and ice-cream sticks; cutlery items including plates, cups, glasses, forks, spoons, knives, trays; sweet boxes; invitation cards; cigarette packs; PVC banners measuring under 100 microns; and polystyrene for decoration.
• The choice for the first set of single-use plastic items for the ban was based on the difficulty of collection, and therefore recycling. When plastic remains in the environment for long periods of time and does not decay, it turns into microplastics – first entering our food sources and then the human body, and this is extremely harmful.
• The largest share of single-use plastic is that of packaging – with as much as 95% of single-use belonging to this category – from toothpaste to shaving cream to frozen foods. The items chosen are of low value and of low turnover and are unlikely to have a big economic impact, but can be a great contributing factor in reducing environmental pollution.
• The Ministry had already banned polythene bags under 75 microns in September 2021, expanding the limit from the earlier 50 microns. The ban will be extended to polythene bags under 120 microns from December 2022. The ban is being introduced in phases to give manufacturers time to shift to thicker polythene bags that are easier to recycle.
• As per the Plastic Waste Management Rules, 2016, there is also a complete ban on sachets using plastic material for storing, packing or selling gutkha, tobacco and pan masala.

ENFORCEMENT OF THE BAN IN INDIA

MONITORED BY

• The ban will be monitored by the Central Pollution Control Board (CPCB) from the Centre and by the State Pollution Control Boards (SPCBs) that will report to the Centre regularly.

DIRECTIONS ISSUED

• Directions have been issued at national, state and local levels — for example, to all petrochemical industries — to not supply raw materials to industries engaged in the banned items.
• Directions have also been issued to SPCBs and Pollution Control Committees to modify or revoke consent to operate issued under the Air/Water Act to industries engaged in single-use plastic items.
• Local authorities have been directed to issue fresh commercial licenses with the condition that SUP items will not be sold on their premises, and existing commercial licences will be cancelled if they are found to be selling these items.

BIODEGRADABLE PLASTICS

• Promoting Compostable and Biodegradable Plastics – The CPCB issued one-time certificates to 200 manufacturers of compostable plastic and the BIS passed standards for biodegradable plastic.

PENALTY

• Those found violating the ban can be penalised under the Environment Protection Act 1986 – which allows for imprisonment up to 5 years, a penalty up to Rs 1 lakh, or both.
• Violators can also be asked to pay Environmental Damage Compensation by the SPCB.
• There are municipal laws on plastic waste, with their own penal codes.

WHY BAN SINGLE-USE PLASTIC – THE HARMFUL EFFECTS OF PLASTIC POLLUTION

LONGEVITY

• The chemical bonds that make-up plastics are strong and made to last. The decomposition rate of plastic typically ranges from 500 to 600 years, depending on the type. This makes them one of the major environmental pollutants.

GREENHOUSE GAS EMISSIONS

• On the current trajectory of production, it has been projected that single-use plastic could account for 5-10% of greenhouse gas emissions by 2050.

LANDFILL CREATION

• The country is witnessing a rise in landfill creation, especially across major cities like Delhi, Mumbai etc. The Ghazipur landfill in Delhi is soon expected to surpass the height of Qutub Minar. Single-use plastic has played a crucial role in enhancing the extent and height of such landfills. Plastics also keep on releasing harmful toxins in the adjacent areas polluting local soils and groundwater.

IMPACT ON HEALTH

• When plastic remains in the environment for long periods of time and does not decay, it turns into microplastics. This enters food sources and then the human body, causing severe health problems.

IMPACT ON THE MARINE ECOSYSTEM

• According to the International Union for Conservation of Nature, the world produces over 300 million tonnes of plastic every year, of which 14 million tonnes end up in the ocean. Marine species ingest or are entangled in plastic debris, which causes severe injuries and death. Microplastics are also a major contributor to marine pollution.

CHALLENGES IN PLASTIC WASTE MANAGEMENT

INPUT COST

• While manufacturers can use the same machine for 50- and 75-micron bags, the machinery will need to be upgraded for 120 microns. This will enhance the cost of production and put a greater burden on consumers. Similarly, many sellers fear that the alternatives will cost more than single-use plastic. The availability of substitutes might not be enough to meet the demand.

INTERNATIONAL LAWS

• There is currently no dedicated international instrument in place designed specifically to prevent plastic pollution throughout the entire plastics lifecycle.

EFFECTIVE IMPLEMENTATION

• The success would rely largely on how effectively these norms are governed by the Central and State Pollution Control Boards. Their past records in plastic waste management are quite uninspiring. This is testified by frequent violations of plastic rules in major cities like Delhi, Bengaluru etc.
• The prevalence of corruption impedes the effective implementation of the ban and fails to create a substantial deterrence on violators. India’s rank has slipped six places to 86th among 180 countries in Corruption Perception Index (CPI) 2020.

INFORMAL WASTE COLLECTION

• Informalized Structure of Rag Pickers inhibits a strong linkage between waste collectors and processing plants.

THE ANALYSIS:

• India’s ban on select single-use plastic items comes into effect from 1^st July 2022. Although this is the country’s first attempt to regulate plastics available in the market, it will send out the wrong message if we say “India is banning single-use plastic”because even after July 1, the Indian market has continued to sell a gamut of single-use plastic items like soft drinks and mineral water bottles, all products sold in multi-layered packaging, among others. These plastic items perfectly fit the bill for single-use plastic going by the definition India has adopted. India defined single-use plastic in an August 2021 notification as “plastic item intended to be used once for the same purpose before being disposed of or recycled”.
• The government has tried to identify a handful of problematic plastics, which are low-utility and have high littering potential, from the bucket of single-use plastic commodity list and give the industry a reasonable time to phase them out. But many items have been left out. Plastic carry bags, for instance, will not be banned, they will still be available but the thickness has been regulated to be more than 75 microns till December 31, 2022, and more than 120 microns from December 31, 2022 onward. Similarly, banners made from polyvinyl chloride (PVC), will still be available, but the thickness should not be less than 100 microns, the government mandated.
• The first announcement for phasing out single-use plastic was made on August 15, 2019 by the Prime Minister of India. Roughly two years later, in March 2021, the draft notification was released. The deadline for phase-out, proposed in the draft notification, was January 1, 2022. In the final notification released in August 2021, the deadline was extended to July 1, 2022 based on the request from the plastic industry and AIPMA.Still, the plastic industry, along with companies such as ParleAgro, Amul, Dabur, Pepsico and All India Plastic Manufacturers Association (AIPMA), are seeking an extension of 6-12 months on the ban, citing issues like unavailability of alternatives, economic infeasibility and demand-supply gap, which will increase the cost of their product packaging. This clearly questions the intent of the industries to adopt the policy guidelines.

THE WAY FORWARD:

• An international instrument to manage plastic pollution can be formulated by parties of the UN Environment Assembly. Earlier this year, 124 parties of UNEA including India, signed a resolution to draw up an agreement. The agreement will make it legally binding for the signatories to address the full life of plastics from production to disposal, to end plastic pollution.
• The alternatives manufactured in India come with a premium price which may be unaffordable in most cases. This is primarily due to the scale at which the alternative market currently operates. The alternative market needs to be offered support through government initiatives to make its reach wider. However, caution is needed when promoting alternatives, so as not to create a fresh set of problems while fighting plastic pollution.
• The Government should also encourage the creation of sustainable bioplastics. These plastics can be decomposed by the action of living organisms, usually microbes, into the water, carbon dioxide, and biomass. Recently, the BIS passed standards for biodegradable plastic.
• The Government should take proactive steps to ensure that the plastic ban becomes a success. The recent launch of a public grievance app to track complaints of single plastic use is a laudable step in this regard.
• An independent environment regulator as envisaged by the Supreme Court should be created to oversee the prudent implementation of the new rules.
• India’s plastic consumption at 11 kilogrammes is still only a tenth of the US and less than a third of China’s, according to PlastIndia 2015. But, the projected high growth rates of GDP and continuing rapid urbanisation suggest that India’s trajectory of plastic consumption and plastic waste is likely to increase. The masses shall be sensitized about plastic waste through awareness programmes and other campaigns and shall be encouraged to use alternatives to plastic.

THE CONCLUSION: Making India plastic-pollution free is not going to be easy and the responsibility is not limited to one stakeholder — the plastic industry or governments, for instance. All the stakeholders involved from the production of raw materials, plastic manufacturers, giant FMCG companies, national, state and local governments along with the consumers have their parts to play to make the ban a success. The national and state governments have a long road ahead of them to ensure enforcement of the notified ban. We just cannot envisage that from July, India will become a single-use plastic-free nation.Consumers like you and I also have a role to play, which ranges from refusing the use of plastic carry bags irrespective of the thickness, consuming consciously and, of course, segregating the solid waste we generate in our households. This will ensure plastic waste can be diverted away from dumpsites to treatment facilities, where it can be recycled and given a second life.

Mains Practice Questions:

1. The single-use plastic (SUP) ban is a significant step towards building a sustainable planet we can proudly hand over to the next generation. Comment.
2. Researchers, experts and environmentalists feel that bans work but only to an extent. Critically examine the statement in the context of the single-use plastic ban.

ADD TO YOUR KNOWLEDGE

PLASTIC BAN AROUND THE WORLD

• United Nations resolution: 124 countries which are party to the United Nations Environment Assembly including India signed a resolution to draw up an agreement which will in the future make it legally binding for the signatories to address the full life of plastics from production to disposal, to end plastic pollution.
• Bangladesh became the first country to ban thin plastic bags in 2002.
• New Zealand became the latest country to ban plastic bags in 2019.
• China issued a ban on plastic bags in 2020 with a phased implementation.
• Seattle became the first major US city to ban plastic straws in 2018.
• European Union (EU): The directive bans certain single-use plastics for which alternatives are available.
• Current scenario: 68 countries have plastic bag bans with varying degrees of enforcement.

Successful initiatives:

In 2008, Rwanda became a pioneer in banning the disposal of plastic among the developing nations and has transformed into one of the cleanest nations on the globe, in spite of its financial constraints.

Less successful initiatives:

Ethiopia’s ban on the import and production of carrying bags thicker than 330 microns, plateaued out in a short period. This is the matter with many developing countries including India, despite strengthening their stance against packaging plastics, they fail to effectively implement it due to the dearth of infrastructure, enforcement, and availability of affordable alternatives.

INDIA’S EFFORTS IN TACKLING PLASTIC WASTE

THE PLASTIC WASTE MANAGEMENT RULES, 2016

• It clearly stipulates that urban local bodies (ULBs) should ban less than 50 micron thick plastic bags and not allow the usage of recycled plastics for packing food, beverage or any other eatables.
• It introduced the concept of EPR(Extended Producer Responsibility) to manage plastics in India.EPR means the responsibility of a producer for environmentally sound management of the product until the end of its life.

PLASTIC WASTE MANAGEMENT (AMENDMENT) RULES, 2022

• The guidelines on EPR(Extended Producer Responsibility) coupled with the prohibition of identified single-use plastic items. It banned the manufacture, import, stocking, distribution, sale and use of carrying bags made of virgin or recycled plastic less than seventy-five microns.
• The items that will be banned are—Earbuds with plastic sticks, plastic sticks for balloons, plastic flags, candy sticks, ice-cream sticks, polystyrene (thermocol) for decoration, plastic plates, cups, glasses, cutlery such as forks, spoons and knives, straw, trays, wrapping films around sweet boxes, invitation cards, and cigarette packets, plastic or PVC banners less than 100-microns and stirrers.
• The ban will not apply to commodities made of compostable plastic.
• The Central Pollution Control Board, along with state pollution bodies, will monitor the ban, identify violations, and impose penalties already prescribed under the Environmental Protection Act.

SWACHH BHARAT MISSION – URBAN 2.0

Segregation and sorting:

• Under this, every Urban Local Body (ULB) is required to adopt 100% source segregation of waste, and have access to a Material Recovery Facility (MRF) for sorting the dry waste (including plastic waste) into further fractions for recycling and/ or processing into value-added products.
• This is aimed to reduce plastic and dry waste ending up in dumpsites or waterbodies.
• Further, the ULBs will need to identify SUP ‘hotspots’ and eliminate them.
• ULB shave to leverage the support of State Pollution Control Boards and form special enforcement squads, conducting surprise inspections and imposing heavy fines and penalties on defaulters, for enforcing SUP bans.

Alternatives:

• The ULBs will need to identify SUP alternatives (such as cloth/jute/plastic bags, degradable cutleries, etc.) readily available in the market and create awareness about such alternatives among citizens.

Reuse:

• States and ULBs have also been advised to enter into MoUs with nearby cement plants or other industrial units as well to ensure that a part of the plastic waste generated is used either as an alternative fuel in cement plants or for road construction purposes.

THE “INDIA PLASTIC CHALLENGE – HACKATHON 2021

• It is a unique competition calling upon start-ups /entrepreneurs and students of   Higher Education Institutions (HEIs) to develop innovative solutions to mitigate plastic pollution and develop alternatives to single-use plastics.

OTHERS:

India Plastics Pact:

• The India Plastics Pact is an ambitious, collaborative initiative that aims to bring together businesses, governments and NGOs to reduce, reuse, and recycle plastics in their value chain. The Pact aims to transform the current linear plastics system into a circular plastics economy that will:

o   Reduce the use of problematic plastics in India.

o   Retain valuable materials in the economy for use in other products.

o   Generate jobs, investments and opportunities in the plastics system in India.

Project REPLAN:

• This is the first of its kind project in India, where plastic waste is de-structured, degraded, diluted and used with paper pulp while making handmade paper and thus reducing plastic waste from nature. The invention is aligned with the Prime Minister’s call for fighting the menace of single-use plastic.

Un-Plastic Collective:

• The Un-plastic Collective (UPC) is co-founded by the Confederation of Indian Industry (CII), United Nations Environment Programme (UNEP) and WWF-India.
• The Collective seeks to minimise the externalities of plastics on the ecological and social health of our planet. The word ‘un-plastic’ specifically refers to moving all types of plastics in a circular economy and removing unnecessary plastic in the long run, while using sustainable alternative materials.

GoLitter Partnerships Project

• The Project was launched by the International Maritime Organization(IMO) and the Food and Agriculture Organization of the United Nations(FAO). The Government of Norway provided initial funding for the project. The project aims to help the maritime transport and fishing sectors to adapt to a low-plastic future. To achieve this goal, this initiative will assist developing countries to apply best practices for the prevention, reduction, and control of marine plastic litter from those sectors.
• 30 Countries are participating in the project. India is also one of the participating countries.

THE CONTEXT: The Sustainable Development Goals Report 2022 (released on 7th July 2022) provides a global overview of progress on the implementation of the 2030 Agenda for Sustainable Development, using the latest available data and estimates. It tracks the global and regional progress towards the 17 Goals with in-depth analyses of selected indicators for each Goal.The Report highlights the severity and magnitude of the challenges before us. The confluence of crises, dominated by COVID-19, climate change, and conflicts, are creating spin-off impacts on food and nutrition, health, education, the environment, and peace and security, and affecting all the Sustainable Development Goals (SDGs). This article discusses the challenges before us in detail.

SUSTAINABLE DEVELOPMENT GOALS REPORT

ABOUT

• It is a global assessment of countries’ progress towards achieving the Sustainable Development Goals.
• It is published by a group of independent experts at the Sustainable Development Solutions Network (SDSN).
o SDSN was launched in 2012 to mobilize global scientific and technological expertise to promote practical problem solving for sustainable development and implement the Sustainable Development Goals (SDGs).
o Following their adoption, SDSN is now committed to supporting the implementation of the SDGs at national and international levels.

RANKING

• Countries are ranked by their overall score.
• The overall score measures the total progress towards achieving all 17 Sustainable Development Goals (SDG). The score can be interpreted as a percentage of SDG achievement.
• A score of 100 indicates that all SDGs have been achieved.

PERFORMANCE OF THE COUNTRIES

• The 2022 SDG Index is topped by Finland, followed by three Nordic countries –Denmark, Sweden and Norway.
• East and South Asia is the region that progressed most on the SDGs since their adoption in 2015.
• Bangladesh and Cambodia are the two countries that progressed most on the SDGs since 2015.
• By contrast, Venezuela has declined the most on the SDG Index since their adoption in 2015.

SDG REPORT 2022 AND INDIA

• India’s rank in the report has slipped for the third consecutive year. It has been ranked 121 out of the 163 countries in 2022. India ranked 117 in 2020 and 120 in 2021.
• India continues to face major challenges in achieving 11 of the 17 SDGs, which has pushed down its global ranking on SDG preparedness.
• The progress in around 10 of the SDG goals is similar to those in 2021. These include SDG 2 on ending hunger, SDG 3 on good health and well being and SDG 6 on clean water and sanitation.
• But ensuring decent work (SDG 8) has become more challenging.

WHAT IS SUSTAINABLE DEVELOPMENT?

• The United Nations defines sustainable development as “development that meets the needs of the present without compromising the ability of future generations to meet their own needs”.
• It includes “harmonising” three elements: economic growth, social inclusion and environmental protection.

SUSTAINABLE DEVELOPMENT GOALS

• The United Nations Document “Transforming Our World: The 2030 Agenda for Sustainable Development”.
• This agenda contains 17 goals and 169 targets.
• The agenda is built on the Millennium Development Goals (MDGs), which were adopted in 2000 and were to be achieved by 2015.
• SDGs provide a shared blueprint for peace and prosperity for people and the planet, now and into the future.
• They recognize that ending poverty and other deprivations must go hand-in-hand with strategies that improve health and education, reduce inequality, and spur economic growth – all while tackling climate change and working to preserve our oceans and forests.

KEY FINDINGS OF THE REPORT

MEETING THE DEADLINE

• The report highlights the severity and magnitude of the crises before us and states that urgent action is needed to achieve the 2030 deadline of Sustainable Development Goals (SDGs).

GLOBAL ISSUES AFFECTING SGDS

• According to the report, all 17 SDGs, set at the UN General Assembly in 2015, are in jeopardy due to the climate crisis, the COVID-19 pandemic and an increase in the number of conflicts across the world.
• The pandemic and the Russia-Ukraine war have already led to a lowering of global economic growth projections by 0.9 percentage points.
• It is harming in more ways than one:
o Raising food and fuel prices.
o Hampering global supplies and trade.
o Disturbing financial markets.

IMPACTED AREAS

The “cascading and intersecting” issues impact the environment, food and nutrition, health, peace and security as well as education, according to a UN statement on the report.
Environment:
o Greenhouse gas emissions are set to rise 14 per cent over a decade, antithetical to the Paris Agreement plan — a 2025 peak followed by a 43 per cent decline by 2030 and Net 2050.
o Energy-related carbon dioxide emissions shot up 6 per cent, taking down gains due to COVID-19.
Economic shocks and poverty:
o Economic shocks due to the worldwide health emergency pushed 93 million into poverty in 2020 alone, undoing “more than four years” work at alleviating poverty.
Education and healthcare:
o It also affected the education and healthcare services for millions.
o Immunisation, for example, has dropped for the first time in a decade even as deaths from malaria and TB have risen.
Cascading effect:
o The report also flagged threats to food security and aids, rising unemployment (especially among women) and increases in child labour as well as child marriages.
o The burden was greater on least developed countries and vulnerable population groups.

UNDOING PROGRESS:

The report details the reversal of years of progress in eradicating poverty and hunger, improving health and education, providing basic services, and much more.

COVID – 19 AND SDGs

SDG 1 (NO POVERTY)

• The COVID-19 pandemic has put steady progress in poverty reduction over the past 25 years into reverse, with the number of people in extreme poverty increased for the first time in a generation.
• Between 657 and 676 million people are currently projected to live in extreme poverty in 2022, compared to the pre-pandemic projection of 581 million.
• In 2020, for the first time in two decades, the share of the world’s workers living in extreme poverty increased, rising from 6.7 per cent in 2019 to 7.2 per cent, pushing an additional 8 million workers into poverty.

SDG 3 (GOOD HEALTH AND WELL-BEING)

• The pandemic has severely disrupted essential health services, triggered an increase in the prevalence of anxiety and depression, lowered global life expectancy, derailed progress towards ending HIV, tuberculosis (TB) and malaria, and halted two decades of work towards making health coverage universal. As a result, immunization coverage dropped for the first time in 10 years, and deaths from TB and malaria increased.

SDG 4 (QUALITY EDUCATION)

• The COVID-19 pandemic has deepened a crisis in education, with severe disruptions in education systems worldwide. School closures have had worrisome consequences for children’s learning and well-being, particularly for girls and those who are disadvantaged, including children with disabilities, rural dwellers and ethnic minorities.
• An estimated 147 million children missed more than half of their in-person instruction over the past two years and 24 million learners from the pre-primary to university level are at risk of not returning to school.

SDG 8 (DECENT WORK AND ECONOMIC GROWTH)

• The COVID-19 pandemic precipitated the worst economic crisis in decades and reversed progress towards decent work for all. Although the global economy began to rebound in 2021, bringing some improvement in unemployment, recovery remains elusive and fragile. Recovery patterns also vary significantly across regions, countries, sectors and labour market groups.
• By the end of 2021, global economic recovery had been hampered by new waves of COVID-19 infections, rising inflationary pressures, major supply-chain disruptions, policy uncertainties and persistent labour market challenges.

CLIMATE CHANGE AND SDGs

SDG 13 (Climate Action)

• The world is on the brink of a climate catastrophe, and the window to avert it is closing rapidly. Increased heatwaves, droughts and floods caused by climate change are already affecting billions of people around the world and causing potentially irreversible changes in global ecosystems.
• To limit warming to 1.5 °C above pre-industrial levels, as set out in the Paris Agreement, global greenhouse gas emissions will need to peak before 2025. Then they must decline by 43 per cent by 2030, falling to net zero by 2050, according to the Intergovernmental Panel on Climate Change (IPCC), the United Nations body responsible for assessing the science related to climate change.
• However, current national commitments are not sufficient to meet the 1.5 °C targets. Under these commitments, greenhouse gas emissions are projected to increase by almost 14 per cent over the next decade.

SDG 14 (Life Below Water)

• Human activity is endangering the planet’s largest ecosystem – its oceans and seas – and affecting the livelihoods of billions of people. Continuing ocean acidification and rising ocean temperatures are threatening marine species and negatively affecting marine ecosystem services.
• In 2021, more than 17 million metric tons of plastic entered the ocean – a number projected to double or triple by 2040.

CONFLICTS AND SDGs

SDG 1(NO POVERTY)

• Forecasts for 2022 estimate that 75 million more people than expected prior to the pandemic will be living in extreme poverty. Rising food prices and the broader impacts of the war in Ukraine could push that number even higher, to 95 million, leaving the world even further from meeting the target of ending extreme poverty by 2030.

SDG 2 (ZERO HUNGER)

• Global food supply systems have been partially undermined by a cascading combination of growing conflicts, climate-related shocks and widening inequalities. As a result, as many as 828 million people may have suffered from hunger in 2021.
• The outbreak of war in Ukraine poses an additional threat to food insecurity, with the potential to provoke a surge in levels of hunger and malnutrition, especially among the poorest and most vulnerable.

SDG 10 (REDUCED INEQUALITIES)

• The number of refugees worldwide reached the highest absolute number on record in 2021; sadly, that year also saw a record number of migrant deaths.
• The ongoing war in Ukraine has created the worst refugee crisis in recent history. To date, the movement of more than 6 million people from Ukraine to other countries has been registered, the majority of whom are women and children. In addition, at least 8 million people have been displaced inside the country to escape the conflict.

SDG 16 (PEACE, JUSTICE AND STRONG INSTITUTIONS)

• Pleas for global peace are growing louder as the world witnesses the largest number of violent conflicts since 1946, with one-quarter of the global population living in conflict-affected countries at the end of 2020.
• Amid these crises, and despite movement restrictions prompted by COVID-19, forced displacement has continued and even grown.

THE ANALYSIS OF THE THREE CASCADING AND INTERLINKED CRISES:
Over the past two years, the COVID-19 pandemic has wreaked havoc on almost every aspect of our lives. And it is still far from over. The pandemic wiped out more than four years of progress on poverty eradication. The immediacy of the COVID-19 crisis is now overshadowed by the existential threat of climate change. Increased heat waves, droughts and apocalyptic wildfires and floods are already affecting billions of people around the globe and causing potentially irreversible damage to the Earth’s ecosystems. To avoid the worst effects of climate change, we need to meet the targets set out in the Paris Agreement. The outbreak of war in Ukraine has caused food, fuel and fertilizer prices to skyrocket, disrupted supply chains and global trade, and roiled financial markets, fuelling the threat of a global food crisis.
To stay ahead of these crises, we need to understand where we are and where we are headed, and that will require significant investment in our data and information infrastructure. Policies, programmes and resources aimed at protecting people during this most challenging time will inevitably fall short without the evidence needed to focus interventions. Timely, high-quality and disaggregated data can help trigger more targeted responses, anticipate future needs, and hone the design of urgently needed actions. To emerge stronger from the crisis and prepare for unknown challenges ahead, funding statistical development must be a priority for national governments and the international community.

THE WAY FORWARD:
1. The severity and magnitude of the challenges before us demand sweeping changes on a scale not yet seen in human history. We must start by ending armed conflicts (such as the Russia-Ukraine conflict) and embarking on a path of diplomacy and peace – a precondition for sustainable development.
2. We must adopt low-carbon, resilient and inclusive development pathways that will reduce carbon emissions, conserve natural resources, transform our food systems, create better jobs and advance the transition to a greener, more inclusive and just economy.
3. The COVID-19 crisis has been an extraordinary challenge for statistical systems also. It has also been an opportunity to experiment with innovative data collection methods, explore new data sources and modernize ICT infrastructures to meet data demands for policy making. Moving forward, experiences during the pandemic can be used to inform the future of innovation in statistics.
4. The last two years have seen a major blow to the world’s economy and people, and lower-income countries were hit particularly hard. Investing in data capacities and data partnerships to leave no one behind, build trust and fill data gaps to achieve the SDGs must be a priority for national governments and the international community if countries are to rely upon evidence-based policy responses to emerge stronger from the crisis and face the unknown challenges ahead.
5. The conflict has caused a steep and sudden reduction in exports of grain, sunflower seeds and fertilizers. As a result, import-dependent countries are vulnerable to rising food costs and supply chain disruptions. Joint, coordinated activities and policy solutions are urgently needed to avert food shortages for the world’s poorest people and to reduce the impact of the conflict, as well as lingering consequences of the pandemic, on global food insecurity. (For instance, the recently adopted “GENEVA PACKAGE” at the 12th ministerial conference of WTO, also agreed on Exemptions from Export Prohibitions or Restrictions on the Food Purchases made by World Food Programme (WFP).
6. Millions of children and youth worldwide are in similar situations as those in Ukraine whose learning has been interrupted – by war, disasters and other crises. Providing safe, inclusive and continuous education to those girls and boys is crucial in helping them cope with current and future crises. Online Education/Classes is one of the soundest and most important investments that can be made in human and socio-economic development.

THE CONCLUSION: The road map laid out in the Sustainable Development Goals is clear, just as the impact of crises is compounded when they are linked, so are the solutions. When we take action to strengthen social protection systems, improve public services and invest in clean energy, for example, we can address the root causes of increasing inequality, environmental degradation and climate change. The report emphasized that to emerge stronger from the crisis and prepare for unknown challenges ahead, it is imperative for the national governments and the international community to fund the data and information infrastructure at a priority level.

Mains Practice Questions:
1. Geo-political conflicts, climate change and the COVID-19 pandemic have put the Sustainable Development Goals of the United Nations in jeopardy. Comment.
2. What are the cascading and intersecting contemporary issues having an impact on the environment, food and nutrition, health as well as global peace and security?Suggest possible ways to address them.

THE CONTEXT: In June 2022, the Union government has amended the rules related to the appointment of the Chief of Defence Staff (CDS). The post of the CDS has been vacant since December 8, 2021, when India’s first CDS General Bipin Rawat, died in a helicopter crash. In this article, we will analyse the issues related to the delays in the appointment of the CDS.

THE GENESIS OF THE CDS

1982

• General K .V Krishna Rao advanced the creation of the post of Chief of Defence.

1999

• The Kargil Review Committee (KRC), headed by K. Subrahmanyam, appointed after the Kargil conflict, proposed the creation of the post of CDS.

2001

• The Group of Ministers Task Force that studied the KRC report proposed to the Cabinet Committee on Security that a CDS, a 5-star officer, be created.

2012

• The Naresh Chandra Committee recommended the appointment of a Permanent Chairman of the Chiefs of Staff Committee (COSC) as a midway to allay apprehensions over the CDS.

2016

• The CDS was one of the 99 recommendations made by the Lt General D.B. Shekatkar (retd) Committee.

2019

• The PM announces the decision to create the post of CDS.
• The Union Defense Ministry set up a high-powered committee under National Security Advisor to implement the Cabinet Committee on Security (CCS) decision to create the post of Chief of Defence Staff and also frame the terms of references for this post.
• Pursuant to the recommendations, a CDS post is created, and a new Department of Military Affairs was established, headed by the CDS

2022

• The rules relating to the CDS appointment changed (Read Ahead).

ROLES AND RESPONSIBILITIES OF CDS

DUAL ROLE

• The role of the CDS has been defined as a “dual-hatted” role as the CDS serves as the Permanent Chairman of the Chiefs of Staff Committee and the Secretary of the Department of Military Affairs (DMA) in the Ministry of Defence.

JOINTNESS OF OPERATIONS

• The CDS is also mandated with the role of inducing jointness in the armed forces, theatre commands, carrying out reforms, and the optimal utilisation of infrastructure.

IN CHARGE OF MAKE IN INDIA IN DEFENCE

• The government has also made the CDS in-charge of the ‘Make in India’ in defence programme and has been given the mandate of promoting and ensuring the Aatmanirbhar Bharat scheme in the defence sector.

OTHERS

• Principal Military Advisor to Defence Minister on all tri-services issues
• Administration of the Tri-Service  organizations/agencies/commands
• Member of Defence Acquisition Council chaired by Defence Minister
• Military Advisor to the Nuclear Command Authority.

THE NUCLEAR COMMAND AUTHORITY(NCA)

NCA is the body that authorises the use of nuclear weapons. It has a Political Council headed by the Prime Minister and an Executive Council headed by the National Security Advisor. The decision to use weapons is taken by the Political Council, and Executive Council gives its input. The CDS is a member of this council in an advisory role.

SIGNIFICANCE OF THE POST OF CDS FOR NATIONAL SECURITY MANAGEMENT

• JOINT PLANNING –A tri-service chief will help in the preparation integrated and holistic planning of defence policy combining all three wings
• OPTIMAL UTILIZATION OF RESOURCES – Earlier, due to a lack of coordination among the services, many repetitive costs must be incurred in logistics, training etc. The post of CDS would encourage synergy in operations to dispense with such unnecessary burdens in procurement. It would also expedite the defence procurement process.
• STRATEGIC FORCES COMMAND – With India’s “no first use” nuclear strategy, the Cabinet Committee on Security (CCS) would be in a real quandary if at a critical stage during war, when the adversary has unleashed nuclear weapons, the three Chiefs of Staff express divergent views on the payoffs of using nuclear weapons in a retaliatory strike and the type and nature of the response. In such a situation, the CDS would be able to take a detached view and offer unified advice to the government.
• RESOLUTION OF DISPUTES AMONG SERVICES – The CDS helps in the resolution of conflicts arising among the services with respect to the allocation of resources, regarding the procurement of weapons etc.
• SPECIALIST ADVICE AVAILABLE TO GOVERNMENT – The CDS acts as a one-point contact to the government to assist in making decisions from a militarily cogent perspective
• INNOVATION IN DEFENCE FORCES – The CDS aids in the preparation of amphibious units such as Marines or in other joint inter-services research and development.
• CREATION OF THEATRE COMMANDS – It is also seen as being vital to the creation of “theatre commands”, integrating tri-service assets and personnel.

THE DELAY IN THE APPOINTMENT: AN ANALYSIS

Given the high-profile role and responsibilities are given to the CDS, a delay of almost 8 months in naming the successor of the late CDS is quite worried some. This inordinate delay is inexplicable as India is fighting a two and half-front war especially when a belligerent China is creating problems in India’s backyard. The initial euphoria associated with the creation of the post of PDF seems to have died down for reasons best known to the government. However, this is not a welcome development as a CDS has very significant roles according to its mandate. The CDS is one of the three critical links in India’s national security management, the other two being National Security Strategy and Defence Minister’s Operational Directives. The appointment of CDS was announced as a major reform in defence, but the delay means the government may have an afterthought on the concept of CDS. But whatever be the reasons, the delay takes the defence modernization backwards. Hence, the post should not be kept vacant or if the government feels it is not required, then it needs to be abolished to save defence expenditure, some defence analysts say.

 THE NEW AMENDMENTS RELATED TO THE POST OF CDS

• The government amended the defence rules to empower the Central Government to appoint as Chief of Defence Staff an officer” who is serving as Lieutenant General, Vice Admiral, Air Marshal or General, Admiral, Air Chief Marshal.
• An officer who has retired” from these ranks but has not attained the age of sixty-two years on the date of his appointment is also eligible to be appointed.
• The government may extend the service of the CDS for such a period as it may deem necessary, subject to a maximum age of 65.
• Although this amendment widens the talent pool for CDS, the appointment of a three-star officer `to the post will be a tricky affair as the service chiefs are four-star officers.
• Until now, the eligible rank was not explicitly mentioned with respect to the CDS appointment.

THE TWO OTHER MISSING LINKS IN INDIA’S NATIONAL SECURITY MANAGEMENT

ABSENCE OF A NATIONAL SECURITY STRATEGY

• Unlike many other countries, India does not publish a formally articulated National Security Strategy or National Security Doctrine or a White Paper on National Defence.
• In the absence of a formally stated long-term national security strategy tied to viable operational plans, policy-making tends to be driven by knee-jerk responses to emerging situations and is, hence, mainly reactive.

OPERATIONAL DIRECTIVES OF THE DEFENCE MINISTER

• The three-armed forces are completely reliant on the Raksha Mantri’s Operational Directives for political direction in the event of all-out war or other emergencies. It is the most crucial political directive in terms of operational planning. And it hasn’t been updated in over a decade to account for newer challenges and changing circumstances.

THEATRE COMMAND

•  Theatre command means all three arms of the military would work under a unified command – modelled after the CDS at the central level.
•  Top militaries such as that of the US and China follow this command structure. The US military works under six theatre commands, while China has five theatre commands.
•  Unlike other large and efficient militaries, India does not follow a theatre command structure. It follows a single-service command structure. India has 19 commands – seven of the Indian Army, three of the Indian Navy, seven of the Indian Air Force, one tri-service command at Andaman and Nicobar Islands and the Strategic Forces Command (SFC).
•  Each of these commands reports through separate chains to their respective chiefs, which are not known for best coordination.
•  All three forces have separate Eastern, Western and Southern commands. Army and air force also have Central and South-Western commands. Same name, same regions, different headquarters and at times diverging strategies. This prevents seamless performance in times of conflict or war.

THE WAY FORWARD:

• The government needs to appoint the CDS now that the new rules are in place and any further delay will only lead to unwarranted speculations.
• If the government is rethinking the roles and mandate of the CDS, then a study group needs to be instituted at the earliest with experts.
• The casual handling of the CDS post by the government does not augur well for the defence reforms and defence management. Hence, a change of thinking is required.
• As the only discernible output form, the DMA and the CDS is the Tour of Duty which has created a lot of unrest in the country. This requires better functioning of the department, and it needs to show more outputs to justify its new existence.
• There are many grey areas and overlapping responsibilities between the Department of Defence and DMA, leading to turf war and wastage of resources. This needs to be addressed by the clear demarcation of responsibilities.
• It is high time that India comes out with an NSS, and also it must revise the Operational Directive so as to improve India’s National Security Management.

THE CONCLUSION: The military’s agenda of manpower reduction, integrated, tri-service theatre commands, and equipment modernization must be advanced, and it is imperative that the CDS be appointed. His duties as a consultant to the Nuclear Command Authority, the execution of the Five Year Defence Capital Acquisition Plan, and the Two-Year Roll-On Annual Acquisition Plans are additional CDS obligations that brook no delays.

QUESTIONS TO PONDER

1. Explain the role and responsibilities of the Chief of Defence Staff. Can we say that the undue delay in appointing a new CDS undermines India’s defence preparedness?
2. Despite the immense significance attached to the post CDS, the delay in appointment indicates a lack of seriousness by the government to national security management. Comment.

THE CONTEXT: In June 2022, the summit of the Group of Seven (G7) was held in Schloss Elmau, Bavaria, Germany. India participated in the summit as an invited member. The discussion focused on addressing the war crisis in eastern Europe between Russia and Ukraine, the Covid-19 crisis, climate change, infrastructure development and the food crisis. The detailed analysis of the development is as follows.

ABOUT THE SUMMIT

DATE OF SUMMIT 26- 28 June 2022

PARTICIPATION

• Apart from seven G- 7 members (UK, USA, Canada, Germany, Japan, Italy and France), This year, Germany invited the leaders of five other countries; these are
o Argentina
o India
o Indonesia
o Senegal
o South Africa

ISSUES DISCUSSED IN THE SUMMIT

• During the three-day meeting, the G7 leaders discussed a wide range of topics, including:
o Ukraine and cooperating on foreign policy
o addressing energy and food security
o investing in climate and health
o promoting partnerships for infrastructure and investment
o shaping the global economy
o advancing gender equality
o shaping international cooperation

OUTCOMES OF THE SUMMIT

UKRAINE

• The G7 leaders re-emphasized their condemnation of Russia’s illegal and unjustifiable war of aggression against Ukraine.
• Financial support from the G7 in 2022 amounts to more than EUR 2.6 billion in humanitarian aid.
• G7 countries are ready to grant or have pledged and provided EUR 28 billion in budget aid.
• The G7 leaders are strongly committed to supporting Ukrainian reconstruction through an international reconstruction plan and conference.
• G7 countries will continue to impose severe and enduring sanctions on Russia to help bring an end to this war.

ENERGY AND FOOD SECURITY
• Russia’s war on Ukraine is dramatically worsening energy security and access to food globally.
• The G7 leaders committed to taking immediate action to secure the energy supply and reduce price surges.
• This includes exploring additional measures such as price caps.
• The G7 countries will also increase global food and nutrition security through the Global Alliance on Food Security.

ECONOMIC ISSUES
• The G7 leaders remain committed to minimizing the impact of the war globally, as well as its impact on their own economies and population.
• G7 countries will help to stabilize and transform the global economy while tackling rising costs of living for citizens.

CLIMATE AND THE ENVIRONMENT
• The G7 leaders endorsed the goals of an open and cooperative International Climate Club. The Climate Club will be built around three pillars: advancing ambitious and transparent climate change mitigation policies toward climate neutrality; transforming industries to accelerate decarbonization; and boosting international ambition through partnerships and cooperation to facilitate climate action and promote just energy transition.
• They will work with partners towards establishing it by the end of 2022.
• The objectives are to:
 drive urgent, ambitious and inclusive action to align with 1.5°C pathways
 accelerate the implementation of the Paris Agreement
• The G7 leaders committed to:
 a highly decarbonized road sector by 2030
 a fully or predominantly decarbonized power sector by 2035
 prioritizing the acceleration of the phase-out of domestic unabated coal power use.

INVESTMENT IN A BETTER FUTURE
• The G7 leaders reviewed the progress of the G7 Partnership for Infrastructure and Investment.
• Through the partnership, they aim to mobilize USD 600 billion over the next five years to narrow the global investment gap.
• The G7 leaders agreed to step up their cooperation globally. Building on their existing partnership with South Africa, they will work towards new Just Energy Transition Partnerships with:
 Indonesia
 India
 Senegal
 Vietnam

HEALTH
• On COVID-19, the G7 leaders reaffirmed their commitment to equitable global access to and delivery of safe, effective and affordable:
 vaccines
 therapeutics
 diagnostics
 other essential medical goods

DEMOCRATIC VALUES
• The G7 leaders will also cooperate with civil society and partners to:
 strengthen the resilience of our societies
 promote human rights online and offline
 address disinformation
 achieve gender equality

AN ANALYSIS OF THE OUTCOMES

HUMANITARIAN ASSISTANCE AND CONFLICT

• Global Alliance for Food Security is a good step, but nutrition needs more attention.
• The Alliance should be engaged with governments, local farmers, smallholders, and social actors to develop and strengthen local food chains –and boost long-term food security, sovereignty and resilience.
• Communities in the Horn of Africa are facing the threat of starvation following four consecutive failed rainy seasons in parts of Ethiopia, Kenya and Somalia, a climatic event not seen in at least 40 years.
• The March-May 2022 rainy season is likely the driest on record.
• Only USD 4.5 billion for global food security this year, while World Food Programme (WFP) needs USD 14 billion this year to tackle hunger.

OPEN SOCIETIES

• The G7 leaders’ special statement on resilient democracies and commitment to work with civil society and other partners is an improvement on the 2021 open societies statement because:
 It has increased the prominence of civic space in the statement, and there is now more detail.
 There is now a commitment to “advancing programmes for the protection of human rights defenders and all those exposing corruption”, which we can use to hold G7 leaders accountable.
 There is a commitment to “speaking out against threats to civic space, and respecting freedom of association and peaceful assembly.”
• But a special task force to strengthen and expand protection mechanisms for civil society organizations and activists under threat that was discussed in the previous meeting was not discussed this year.

ECONOMIC JUSTICE AND TRANSFORMATION

To address the problem of unsustainable debt levels, the G20 reached an agreement in November 2020 on a Common Framework for Debt Treatments which aimed to deal with insolvency and protracted liquidity problems in the Debt Service Suspension Initiative (DSSI)-eligible countries by providing debt relief but the initiative facing its implementation issues and struggling to maintain its credibility.
• While the G7 recognizes urgency “to improve multilateral frameworks for debt restructuring and to address debt vulnerabilities”, they failed to admit the weaknesses of the existing G20 Common Framework and the need for a reform of international debt architecture, which includes cancelling unsustainable debt for the countries that need it the most and
• In the 47th G-7 Summit in 2021, the group made an agreement to plug the cross-border tax loopholes used by the giant multinational companies (MNCs) to evade taxes has immense potential to reform and revolutionize
• the global tax system.
• The reform blueprint was based on two pillars:
o to distribute the profits equitably among countries where these are generated, enabling them to tax such profits
o by the adoption of a minimum corporate tax rate of at least 15 per cent globally.
• Establishing effective engagement with private creditors and China.
• Similarly, recognition of the weaknesses and limitations of the global tax deal reached in 2021, especially for the low- and middle-income countries (LMICs), was absent.
• Lots of attention was given to gender equality, both in terms of addressing and mainstreaming it, and there was even the suggestion of developing “feminist development, foreign and trade policies.”

CLIMATE AND ENVIRONMENTAL JUSTICE

• G7 leaders did not take any concrete steps forward on climate and environmental justice. They instead backtracked on their commitment to stop funding fossil fuels overseas. The G7 watered down the COP26 commitment to end new direct public support for fossil fuels by the end of 2022.
• No progress was made on increasing support for those on the frontline of the climate crisis, with the $100bn-a-year climate finance commitment (to help poorer countries cut carbon emissions and cope with global warming, but only two nations offered firm promises of more cash) reiterated but not met two years after failing to meet the delivery deadline.
• No concrete commitments were made to provide finance to address loss and damage, the missing component of climate finance, only empty words about scaling up climate and disaster risk finance and insurance.

GLOBAL HEALTH AND CARE

• Commitment to the collective support of USD 79 million for the Childcare Incentive Fund is a welcome step in the right direction, but the care economy should be seen beyond childcare and be part of adequately funded (2% of GDP) social protection.
• Did not commit to the critical TRIPS waiver, which would relax intellectual property rules and share Covid-19-related tech and know-how with Low-Middle Income Countries (LMICs), allowing them to produce and use Covid-19 vaccines.
• Made a commitment to Universal Health Care by 2030, stepping up their efforts in pandemic prevention, preparedness and response under the One Health approach.
• Committed to supporting a successful Seventh Replenishment of the Global Fund for AIDS, Tuberculosis and Malaria (Global Fund) with the goal of ending the three diseases, though it was not backed up with funding. In their final declaration, the G7 countries reaffirmed their support for international organizations such as the Global Fund to Fight HIV/AIDS, Malaria, and Tuberculosis and the Global Polio Eradication Initiative.

INDIA IN THE SUMMIT

Indian PM participated in the summit and discussed issues like energy, food security, counterterrorism, environment and democracy with the leaders of the powerful bloc and its partner countries.
The highlights of PM’s speech:
• Urged the countries to invest in clean energy and said access to energy should not be a privilege of the rich and the poor also should have an equal right to energy.
• Women’s rights and their leading role in development.
• On the issue of global food security by, saying that Millets can make a valuable contribution to ensuring food security in the world. Apart from it, PM Modi highlighted the role of Indian agriculture in global food security.
• Apart from it, PM lauded Indian agricultural manpower and how it can be instrumental in ensuring food security.
• The result of this can be seen as the first announcement made was a 600-billion-dollar infrastructure initiative to help developing countries tackle climate change. The initiative, namely, Partnership for Global Infrastructure and Investment, is seen as the West’s response to China’s massive Belt and Road Initiative (BRI).
Importance of meeting for India
The meeting was held at a time when the interesting turn of events in world politics, such as the ongoing Russia-Ukraine crisis, growing Chinese threat in the Indo-Pacific, the revival of the global economy post-pandemic, energy transition and others are going on, and somehow, India is at the centre of it all. So, the invitation for the meeting to India shows that the canvas of India’s foreign policy is increasing day by day and day, and India has become an important ally for the West in the developing world.

WHAT DID INDIA GET FROM THE SUMMIT?

SERVES INDIA’S LARGER GEOPOLITICAL CALCULUS

• India’s relations with the West matter.
• India shares a large and conflicted border with China and is in the direct line of fire of China’s expansionist ambitions, the rise of terrorism with the Taliban takeover of Afghanistan, walking thin rope in the Russia-Ukraine crisis, an economically ailing Sri Lanka in its backyard, India does not have it easy.
• Therefore, being part of plurilateral platforms like these serves India’s larger geopolitical calculus.

OPPORTUNITY FOR BOTH WEST AND INDIA

• the G-7 Summit presents an opportunity for both the West and India to forge and strengthen their existing partnerships while also mindfully tackling the ongoing geopolitical crisis across the globe.
• Also, the summit has further established the “indispensability of India in any noticeable North, South, or North-South platforms when it comes to searching for solutions and their implementation”.
• The West knows that India has risen and is at the helm of global politics and, therefore, cannot be ignored at the table.

INDIA IS VERY CLEAR ABOUT SAVING ITS INTERESTS

• India is continuing to maintain its strategic autonomy as well as focus on serving its own economic and geopolitical interests along with regional prosperity.
• The Global politics of the 21st Century is centred around the Indo-Pacific, and India is at the centre of it the road to a stable, peaceful, resilient geopolitical environment goes via India.

HOW IS THE CANVAS OF INDIA’S FOREIGN POLICY INCREASING?

INVITATION TO THE SUMMIT

• It is clear that despite India’s reluctance to condemn Russia’s actions in Ukraine and differing stances with the West, India was invited (not exclusive, though) as a partner country to the summit.

PARTICIPATED AS AN IMPORTANT ALLY IN INDO-PACIFIC

• India’s growing influence in global affairs is unquestionable. In the new Indo-Pacific construct and amidst China’s muscle-flexing, India is critical. Back in 2017, the then US Secretary of State, Rex Tillerson, referred to India as the “Western beacon” of the Indo-Pacific.

IMPORTANT MEMBER OF DIFFERENT GROUPINGS

• India’s growing stature and importance in world affairs are widely recognized. India’s diplomacy has led the country to emerge as a global influencer through active participation in I2U2, G-20, BRICS, QUAD, SCO, SAARC, and now G-7.

INDIA’S NARRATIVES ARE MAKING IT A GLOBAL FORCE IN WORLD FORUM

• It can be seen how India can bring a “fresh perspective on the narrative of the global north on climate change, carbon pricing, pandemic prevention, issues related to Intellectual Property, global food security and public stock holdings as well as promotion of shared values of democracy, and the rule of law”.

PGII vs. BRI

• The G 7 leaders launched the Partnership for Global Infrastructure and Investment (PGII), a joint initiative to fund infrastructure projects in developing countries. The project, launched on June 27, is being seen as the bloc’s counter to China’s ‘Belt and Road Initiative.
• However, the stated purpose of both the PGII and the BRI is to help secure funding for countries to build critical infrastructure such as roads, ports, bridges, communication setups, etc., to enhance global trade and cooperation.
• China began the Belt and Road Initiative in 2013 under President Xi Jinping. It aims to revive the ancient trade routes crossing to and from China–from Rome in Europe to East Asia.
• However, China was criticized in the West and by some other countries for providing unsustainable debts to countries that will be unable to repay them.

The comparison of BRI and PGII

BRI 

• 1.2 to 1.3 trillion-dollar project
• State-funded.
• Projects by extending large, low-interest loans to countries.
• The Belt and Road project started to revive connectivity, trade, and infrastructure along what was China’s ancient Silk Road.
• The project initially aimed to strengthen connectivity with Southeast Asia but later expanded to South and Central Asia, Africa, Europe, and Latin America
• the BRI has faced criticism for making countries sign confidential tenders for extending massive loans, leaving countries indebted to China.

PGII

• 600 billion project.
• Funded through private investors
• Build projects through grants and investments.
• The PGII is a values-based plan to help underfunded low and middle-income countries meet their infrastructure needs. PGII has laid focus on climate action and clean energy,
• G7 leaders emphasized ‘transparency’ as the cornerstone of PGII projects.

IS THERE ANY SPECIFIC ROLE FOR INDIA IN PGII?

• The PGII will have four key priorities on infrastructure: climate and energy security, digital connectivity, health and health security, and gender equality and equity, all of which are priority areas for India as well.
• A specific plan for investment in an Agritech and Climate sustainability fund would invest in companies that increase food security and promote both climate resilience and climate adaptation in India, as well as improve the profitability and agricultural productivity of smallholder farms.

WHAT ARE THE CRITICISM OF INDIA’S STAND IN G-7?

India has become an important ally of the West in the Indo-pacific region, and its participation in the summit clears it, but mere attending a summit does not serve India’s interest, and the development will lead to India’s hostilities with all-weather competitor China. Moreover, India didn’t call for any improvement in the structuring of the group, India’s interests can be negatively impacted by the developments because:
• G 7 is essentially a “First World Elite Club” that hasn’t grown- nor has it revised its membership, given that not all of its members are among the world’s top economies anymore.
• The G-7 countries represent more than 50% of Global GDP and just 10% of the world population, showing how much is concentrated in the hands of a few.
• By cutting out Russia and China, the G-7 ensured the polarization of the world into the two blocs, even as ties between Russia and China got stronger.
• The fact that G-7 countries are also military partners means that the economic agenda of the grouping often takes a backseat over political issues- in the current scenario- over the Russia-Ukraine war and the tussle with China.

THE WAY FORWARD:
• The participation is g good opportunity for India to increase its foreign policy canvas but with an independent foreign policy.
• The formation of PGII is an opportunity for India to counter China’s presence in South Asia. India should use this opportunity to engage maximum developing countries.
• West is continuously supporting India to counter China in Indo-Pacific and now continuously inviting India into their elite club, so India should use this opportunity to call the reform in UNSC.
• The Indian government would do well to engage with the multilateral ecosystem to ensure that future multilateral rules do not disadvantage developing economies instead of outrightly rejecting them.
• India should focus on capacity building and timely resolution of disputes.
• India’s 2022-23 presidency of the G20 presents an opportunity for the country to articulate a forward-looking vision for fair and comprehensive foreign policy.

THE CONCLUSION: India’s engagement with the West is the opportunity for India to overcome the challenge that occurred after Covid-19. India’s participation in the summit is a good move by India to engage deeply with the West but India should be concerned with saving its interests. India’s focus should be to create a balance between the West and its all-weather friend Russia. Though mere participation can’t hurt India’s interest, India should avoid the criticism of Russia as it did in the recent past.

QUESTIONS TO PONDER

1. Critically examine the outcomes of the 14th G-7 summit.
2. How far do you agree with the view that the G-7 Partnership for Infrastructure and Investment is an alternative to the OBOR of China?
3. “Without a stable neighbourhood, attempts to increase the foreign policy canvas by India will not elicit desired outcomes”. Illustrate and Comment.

Just add to your knowledge

• The Grougroup7 (G7) is an informal group of seven countries, the United States, Canada, France, Germany, Italy, Japan and the United Kingdom, the heads of which hold an annual summit with the European Union and other invitees.
• Together the member countries represent 40% of global GDP and 10% of the world’s population.
• The G7 draws its roots from a meeting between the current G7 members, excluding Canada, that took place in 1975. At the time, the global economy was in a state of recession due to the OPEC oil embargo.
• After this first summit, the countries agreed to meet annually, and a year later, Canada was invited into the group marking the official formation of the G7 as we know it.
• The President of the European Commission was asked to join the meetings in 1977, and following the collapse of the Soviet Union in 1991 and a subsequent thaw in relations between the East and West, Russia was also invited to join the group 1998.
• Thereafter the group was named the G8 until 2014, when Russia was expelled for its annexation of Crimea from Ukraine.

THE CONTEXT: The 14th BRICS Summit concluded on 24 June 2022. It was hosted by China and was held virtually. This was the first time after February 2022 when the Russian president participated in a multilateral meeting. Though the grouping as envisaged in the beginning was that of an economic group lately its relevance has also been felt in other geopolitical affairs, more so after the Russian military action on Ukraine. This article analyses the relevance of the grouping in present times and in what direction the group is moving.

THE 14^TH BRICS SUMMIT

THEME

• Foster High-quality BRICS Partnership, Usher in a New Era for Global Development.

BRICS PLUS

• ‘BRICS Plus’ was first mooted by China in March 2017 with the objective of widening the “circle of friends” of BRICS that can bring unity among developing countries and enhance South-South cooperation. The initiative is aimed at upping the outreach activities of the BRICS countries with the Global South and building wider partnerships with emerging markets and developing countries (EMDCs).
• 14th BRICS Summit virtual conference of BRICS PLUS was also held as part of the main meeting with ministers from countries, including the UAE, Saudi Arabia, Egypt, Kazakhstan, Indonesia, Argentina, Nigeria, Senegal, and Thailand.

EXPANSION

• Two new countries – Iran and Argentina – have applied to join the BRICS grouping.

KEY HIGHLIGHTS OF THE SUMMIT

ADOPTING THE BEIJING DECLARATION

All the participants of the 14th BRICS Summit adopted a final declaration recording the key agreements reached during the discussions, which are:

• The intention to strengthen and reform the multilateral system, which includes the use of innovative and inclusive solutions, capacity building for both states themselves and international organisations, and using inclusive consultation and cooperation for the benefit of all while respecting sovereign independence.
• Leaders of the association states have pledged to promote international and regional peace and security, social and economic development as well as the preservation of the natural balance.
• In addition, participating countries advocated promoting greater participation of developing countries in global processes.
• Heads of the BRICS states stressed the need to achieve the 2030 Sustainable Development Goals.

HUMANITARIAN SITUATION IN UKRAINE

• Concerns over the humanitarian situation in and around Ukraine and expressed their support for efforts of the UN Secretary-General, UN Agencies and International Committee of the Red Cross (ICRC) to provide humanitarian assistance in accordance with the basic principles of humanity, neutrality and impartiality.

TERRORISM

• While discussing terrorism and terror cooperation, the BRICS countries said that only the UN Security Council has the authority for imposing sanctions.
• On Afghanistan, BRICS countries called for “Afghanistan authorities to achieve national reconciliation through dialogue and negotiation, and to establish a broad-based and inclusive and representative political structure”, adding that Afghan territory must not be used to shelter terrorists or attack any other country.

INITIATIVE ON DENIAL OF SAFE HAVEN TO CORRUPTION

• The BRICS Initiative on Denial of Safe Haven to Corruption aims to further strengthen anti-corruption capacity building through education and training programs and enhance anti-corruption exchanges and cooperation within multilateral frameworks.

FRAMEWORK FOR CONSUMER PROTECTION IN E-COMMERCE 

• The declaration welcomed the establishment of the Digital Economy Working Group by upgrading the E-commerce Working Group.
• And the BRICS nations have agreed to promote consumer protection in e-commerce by advancing the implementation of the BRICS Framework for Consumer Protection in E-commerce.

MORE FOCUS ON COMBATING TRANSNATIONAL DRUG TRAFFICKING

• The summit also expressed concern over the serious drug situation in the world. BRICS declaration appreciates the BRICS Anti-Drug Working Group’s active role in combating transnational drug trafficking and promoting global drug governance and will further strengthen drug control cooperation.

VARIOUS COOPERATION ANNOUNCEMENTS MADE IN THE SUMMIT

• Members will cooperate to strengthen and reform global governance. They will work in solidarity to combat Covid-19, safeguard peace and security, promote economic recovery, expedite implementation of the 2030 SDGs, deepen people-to-people exchanges, and promote institutional development.
• Members have converging interests on critical issues such as counter-terrorism; trade; health; traditional medicine; environment; science technology and innovation; the reform of the multilateral system etc.

INDIA’S PROPOSALS AT THE SUMMIT

• India proposed strengthening the BRICS Identity system and creating an online database for BRICS documents.
• India proposed the establishment of a BRICS Railways Research Network and strengthening cooperation between MSMEs to improve connectivity and supply chains between member states.
• India will hold a BRICS start-up event this year because India has become the 3rd largest start-up ecosystem in the world. Therefore, it is in the right position to lead a global South.
• India advocated for strengthening civil society organisations and think tanks.
• India highlighted the significance of building people-to-people connections within BRICS, cooperation in the post-Covid global recovery etc.

THE SIGNIFICANCE OF THE 14th BRICS SUMMIT

• The summit was the first meeting since the invasion of Ukraine- giving the message that Russia is not isolated, economically or otherwise. The BRICS member countries are aware of their food and energy security needs and also of the world and it will send a message that the economic sanctions by the west are not called for and debate and discussions are the best way forward.
• The leaders held discussions on Counter-terrorism, trade, health, traditional medicine, environment, science, technology & innovation, agriculture, and technical and vocational education & training which may lead to greater cooperation among the BRICS Nations.
• The leaders adopted the ‘Beijing Declaration’ that referred to the need to avoid politicisation of the work of the UNSC sanctions committee, it is necessary that the UNSC Sanctions committee works in an unbiased manner and BRICS Grouping can act as a pressure point in order to depoliticize UNSC.
• The basic trend of BRICS countries participating in global economic governance is to carry out reforms while maintaining the stability of old governance mechanisms and build a new governance mechanism according to new objective requirements. The proposed BRICS payment system as an alternative to the SWIFT payment system and Contingent Reserve Arrangement as a counter to the Dollar based system are much welcomed initiatives to break away from western hegemony.

THE FRICTION POINTS WITHIN THE GROUPING

BILATERAL ISSUES

• BRICS members don’t discuss bilateral issues, but issues like the India-China border dispute and PLA transgressions over the LAC are bound to have an impact on BRICS solidarity in the long run. At the summit, all five nations articulated their priorities, which indicate towards diverging national interests which may hamper the greater cooperation among the nations.

o   India highlighted the need for greater sensitivity among BRICS members to each other’s security concerns, like terrorism. For example, China blocked the US-India joint move to list Pakistan-based terrorists as a global terrorist.

BRI

• China’s big infrastructure push, the Belt and Road Initiative (BRI) has not been accepted well by India and even Russia while Brazil and South Africa are. This may pose challenge in bilateral issues as well as global supply chains.

UKRAINE ISSUE

• BRICS member countries have diverging opinions regarding the Russia’s military action on Ukraine. While China and Russia have come closer, especially with the announcement of a No-Limits Partnership, India, Brazil and South Africa have been cautious in making any statements at the global platform.

CONCERNS OF THE RISE OF RIC WITHIN BRICS

• There are concerns of the rise of RIC within BRICS. This could mean greater industrial and energy cross investments between Russia and India as well as between Russia and China. This will create a north Eurasian integrationist core within BRICS (RIC controls 22 per cent of the global GDP and 16 per cent of global exports of goods and services.) However other member countries might feel alleviated.

UN REFORMS

• India and Brazil pushed for an expanded UN Security Council (UNSC). However, China is certainly not in favor of a permanent seat for India. Politically, the member countries are not all on the same page at the same time. Lack of a binding ideology, bilateral differences, diversity in terms of socio-cultural lead to differences which results in disagreements at multilateral platforms.

NATO

• The different members of the grouping have different views on condemning NATO. These differences certainly create doubt on the grouping’s tall goals of reorienting the global order.

THE ANALYSIS OF THE 14^th BRICS SUMMIT

The most remarkable thing about the BRICS summit 2022 was that its five members managed to negotiate their way through the meeting in a way that sent no ripples of surprise through the post-February 24, 2022 world; for India, BRICS was always about its commitment to building non-western alliances, but this time it was, more, an international balancing act. BRICS is actively involved in the efforts to change the world economic system by increasing the number of non-Western states in international financial institutes. India will also be organizing BRICS Startup event this year to strengthen connection between Startups in BRICS countries, a step in the right direction for economic cooperation. The 14th BRICS Summit can be expected to contribute to the construction of a fair, democratic and multipolar system of international relations and to forcefully represent the voice of the developing and emerging countries on the crucial questions facing humanity. A new platform to bridge the vaccine divide, new plan to ensure food security, managing the new forms of business in the era of digital economy are the potential areas where the nations have agreed to collaborate and cooperate. BRICS PLUS though at a nascent stage, in future could be a food exchange platform where Indian rice and wheat, Russian barley and sunflower oil, Chinese cotton and Brazilian soybeans could create a food basket that the whole world wants.

 RELEVANCE OF THE BRICS

• Economically, militarily, technologically, socially and culturally, BRICS nations represent a powerful bloc. They have an estimated combined population of 3.23 billion people, which is over 40 per cent of the world’s population. They account for over more than a quarter of the world’s land area over three continents, and for more than 25 per cent of the global GDP. The grouping comprises two of the fastest-growing nations, India and China. As the world today witnesses increasing factors of instability, uncertainty and insecurity, the consequences of the Ukraine crisis for BRICS and the world also presents an opportunity for the member nations to come together on various issues, be it global food crises, supply chains and or even world peace and order. Even with the disagreements over various issues within the grouping they should try and leverage the opportunity and should be the builders of the universal peace and security.
• BRICS members have similar approach regarding the governance of the global economy. The BRICS countries should continue to cooperate on issues where interests align. There remains a strong convergence of interests amid undeniable differences, like financing projects by the NDB, working on climate change, or space cooperation where the five countries have also agreed to create a joint constellation of remote sensing satellites.

THE WAY FORWARD

• The new geopolitical reality, where so much is in flux and unclear, creates a space for powerful new narratives. Some of the BRICS members could be potential targets of the kind of economic warfare deployed by the West against Russia. It is time that BRICS and other like-minded countries seriously work toward the creation of a parallel economic bloc that doesn’t rely on US-led institutions.
• BRICS requires a recalibration of its structure and agenda. Creating financial mechanisms and technological institutions could turn BRICS into a G20 for developing nations. It’s time to revisit the idea of expanding the grouping by inviting new members. This could also impart new vigour to the BRICS’s developmental goals.
• Deepening strategic commitment: BRICS countries need to strengthen political mutual trust and security cooperation, maintain communication and coordination on major international and regional issues, accommodate each other’s core interests to keep the group relevant in present times.
• Post-pandemic world: There is a strong need for “equity and justice” in multilateral organisations with more investment in poverty alleviation, education, health and food security. The world is not the same as it was before the pandemic. The group should harness its position to bring changes in the governance of the developing world so that they can effectively recover from the pandemic after effects. The whole world is focusing on post-Covid recovery and the role of BRICS countries will continue to remain very important again. BRICS Business Forum is a novel idea and shall be pursued proactively by the member nations.
• Facing the rising tide of de-globalisation and the increase of unilateral sanctions and technology barriers, BRICS countries should enhance mutually-beneficial cooperation in supply chains, energy, food and financial resilience.

THE CONCLUSION: The emergence of an alliance of nations in the global south, that breaks the West’s hegemony, could be a game-changer in geopolitics. The Ukraine crisis could be an occasion for the leaders of BRICS nations to commit themselves to the original goal of the bloc. It’s an opportunity they shouldn’t let go of. BRICS also requires a recalibration of its structure and agenda. Creating financial mechanisms and technological institutions could turn BRICS into a G20 for developing nations. It’s time to revisit the idea of expanding the grouping by inviting/admitting new members. This could also impart new vigour to the BRICS’s developmental goals.

Mains Practice Questions:

• Is the BRICS grouping relevant in present times? Justify your stand.
• What are the possible areas of cooperation discussed in the 14^th BRICS Summit, 2022? How relevant is the idea of BRICS Start-up event.
• Whether BRICS could be an effective anti-thesis to the G-7 grouping of developed nations. Analyse.

BACK TO BASICS

BRICS

ABOUT

BRICS is an acronym for the grouping of the world’s leading emerging economies, namely Brazil, Russia, India, China, and South Africa.

In 2001, the British Economist Jim O’Neill coined the term BRIC to describe the four emerging economies of Brazil, Russia, India, and China.

The grouping was formalised during the first meeting of BRIC Foreign Ministers’ in 2006.

South Africa was invited to join BRIC in December 2010, after which the group adopted the acronym BRICS.

SHARE OF BRICS

The BRICS brings together five of the largest developing countries of the world, representing 41% of the global population, 24% of the global GDP and 16% of the global trade.

CHAIRMANSHIP

The chairmanship of the forum is rotated annually among the members, in accordance with the acronym B-R-I-C-S.

India hosted in 2021.

INITIATIVES OF THE BRICS

• New Development Bank:

o   During the Sixth BRICS Summit in Fortaleza (Brazil) in 2014, the leaders signed the Agreement establishing the New Development Bank (NDB – Shanghai, China).

o   It has so far approved 70 infrastructure and sustainable development projects worth.

• Contingent Reserve Arrangement

o   In 2014, the BRICS governments signed a treaty on the setting up of the contingent reserve arrangement

o   The arrangement is aimed at forestalling short-term balance of payments pressures, providing mutual support and strengthening financial stability of the BRICS nations.

• BRICS Payment System

o   BRICS countries are trying to create a payment system as an alternative to the SWIFT payment system.

o   This has taken on a new urgency as post-Ukraine war, Russia has been frozen out of SWIFT.

• Customs Agreements

o   Customs agreements were signed to coordinate and ease trade transport between BRICS countries

• Remote Sensing Satellite:

o   A Remote Sensing constellation of satellites has been launched – with 6 satellites including 2 from India, 2 from China, 1 from Russia, and 1 Brazil-China collaboration

THE CONTEXT: In India, the Covid-19 outbreak has engulfed into misery one and all with almost similar intensity. However, the wrath of uncertainty and hitches has been more unprecedented for the already vulnerable like women. In this scenario, the role of Self-Help Groups (SHGs) becomes pivotal for the cause of the overall development and empowerment of women.

SHGs: A BRIEF BACKGROUND

A Self-Help Group (SHG) is a village-based financial intermediary committee usually composed of 10-20 local women. The members make small regular saving contributions for a few months until there is enough capital in the group for lending. Funds may then be lent back to the members or other villagers. These SHGs are then further ‘linked’ to banks for the delivery of microcredit. It lays emphasis on capacity building, planning of activity clusters, infrastructure build-up, technology, credit and marketing.

EVOLUTION OF SHGs IN INDIA

• The first organized initiative in this direction was taken in Gujarat in 1954 when the Textile Labour Association (TLA) of Ahmedabad formed its women’s wing to organize the women belonging to households of mill workers in order to train them in primary skills like sewing, knitting embroidery, typesetting and stenography etc.
• In 1972, it was given a more systematized structure when Self Employed Women’s Association (SEWA) was formed as a Trade Union under the leadership of Ela Bhatt. She organized women workers such as hawkers, vendors, home-based operators like weavers, etc. with the primary objective of increasing their income and assets; enhancing their food and nutritional standards; and increasing their organizational and leadership strength. In order to broaden their access to market and technical inputs, these primary associations were encouraged to form federations like the Gujarat State Mahila SEWA Cooperative Federation, Banaskantha DWCRA, Mahila SEWA Association etc.
• NABARD in 1986-87 supported and funded an action research project on “Saving and credit management of SHGs” of Mysore Resettlement and Development Agency (MYRDA). The MYRDA has been promoting SHGs in Gulbarga.
• The SHG Bank Linkage Project launched by NABARD in 1992 has blossomed into the world’s largest microfinance project. NABARD along with RBI permitted SHGs to have a savings account in banks from the year of 1993. This action gave a considerable boost to the SHG movement and paved the way for the SHG-Bank linkage program.
• Major experiments in small group formation at the local level were initiated in Tamilnadu and Kerala about two decades ago through the Tamilnadu Women in Agriculture Programme (TANWA) 1986, Participatory Poverty Reduction Programme of Kerala, (Kudumbashree) 1995 and Tamil nadu Women’s Development Project (TNWDP) 1989. 
• In 1999, the Government of India, introduced Swarn Jayanti Gram Swarozgar Yojana (SGSY) to promote self-employment in rural areas through the formation and skilling of SHGs.
• Deen Dayal Antyodaya Yojana – National Rural Livelihoods Mission (DAY-NRLM) in 2011, under the Ministry of Rural Development, across the country in a mission mode with the objective of organizing the rural poor women into Self Help Groups (SHGs).
• Initiatives such as the UdyamStree campaign by EdelGive Foundation, for example, have focused on women entrepreneurs in Maharashtra and Rajasthan, among other states, by leveraging SHGs such as MAVIM, and other relevant stakeholders.
• Facebook’s Pragati and Google’s Women Will, among others, have also moved the needle in fostering a level-playing field for women entrepreneurs.

 SIGNIFICANCE OF SHGs

POST-COVID ERA DYNAMICS

• Due to amplified importance being given to innovation, technology and self-sustenance, especially in a post-covid era, economically weaker sections have faced an acute loss of jobs and income.
• In this context, the SHGs can help women with income-generating economic opportunities.

SOCIETAL SECLUSION

• In a society with deep-rooted patriarchy, even if women want to attain employment, the dominant tradition of female domestic responsibility coupled with social stigma limits their economic advancement and access to opportunities in comparison with their male equivalents.
• This social barrier is being overcome by SHGs simply due to its all-inclusive and women-centric participation.

NOTABLE ISOLATION

• Even though women have the potential to contribute to household finances, they often do not have the agency to participate in decisions related to avenues of income generation, thus many a time pushing their families to the brink of poverty.
• Since SHGs provide a medium for women to become entrepreneurs, it creates credible ground for more decision-making opportunities.

STATUS OF WOMEN

• While India is at the cusp of a rapid transformation in terms of evolving employment opportunities, urbanization and innovation, female participation in the economy remain crucial to where India stands globally.
• Even though working women account for approximately 432 million, about 343 million are not in paid formal job roles or work. An estimated 324 million of them are not in the labour force, and another 19 million are part of the labour force but not employed.
• SHGs have significant potential in creating jobs for women as seen in various successful examples. This rightly places women on par with the male workforce.

ROLE OF SHGs IN WOMEN EMPOWERMENT

ECONOMIC INDEPENDENCE

• SHGs provide women entrepreneurs with micro-loans to sustain their businesses, while also creating an environment for them to develop greater agency and decision-making skills.
• SHGs inculcate the habit of saving and using banking facilities among the members.
• The saving habit thus strengthens the bargaining capacity of the women and they are in a better position to acquire loans for productive purposes.
• The women gain from collective wisdom in managing their finances and distributing the benefits among themselves.

INCLUSIVENESS

• An SHG comprises a small group of women who come together to make regular monetary contributions.
• Emerging as important micro-finance systems, SHGs work as platforms that promote solidarity among women, bringing them together on issues of health, nutrition, gender parity and gender justice.

SOCIAL UPLIFTMENT

• SHG culture has brought the country changed in the gender dynamics of power within a family and ultimately the society at large.
• They now have greater say in family matters and also are seen as stakeholders and partners in taking the community forward.
• Financial independence has eventually paved the way for societal upliftment of women and their voices.

POLITICAL MOBILITY

• Many members of SHGs are being elected as legislators for bringing change and inclusive development.
• Their participation in the governance process enables them to highlight issues such as dowry, alcoholism, the menace of open defecation, primary health care etc. and impact policy decisions.
• Leadership skills learned through SHGs helped several SHG members to get elected as Sarpanch/Pradhan.

EMPOWERING WOMEN IN CRISIS

• According to a World Bank report, Women in SHGs are also working as bank correspondents, referred to as ‘bank sakhis’.
• Even during distressing times like pandemics, they are helping with the distribution of pensions, providing door-to-door service to remote communities to access their account credits from direct benefit transfers.

SHGs: SUCCESS STORIES

The footprints of the SHGs as community warriors against Covid-19 can be felt across various Indian states. For example, in Tamil Nadu, each PDS shop has been stationed with two SHG volunteers to ensure that people in the queue maintain adequate distance. In Odisha, rural women organized in these SHGs produced more than 1 million cotton masks for police personnel and healthcare workers.

KUDUMBASHREE

• In Kerala, an SHG named Kudumbashree is helping dispel fake news through its network of WhatsApp groups with more than 100,000 women as members. These platforms are specifically leveraged to disseminate urgent and authentic information regarding the pandemic.
• It is also involved in running 1,300 kitchens across Kerala and is providing food to those who are bedridden or under quarantine. The Mahila Arthik Vikas Mahamandal (MAVIM) and the numerous women SHGs operating under it played a crucial role in combating the socio-economic impact of the pandemic in rural Maharashtra.
• These women even contributed approximately ₹11 lakh to the Chief Minister’s Relief Fund through a MAVIM-driven donation campaign.

JEEVIKA & PRERNA

• JEEViKA, an organization in Bihar has stepped into the information, education, and communication (IEC) domain to disseminate awareness and preparedness materials for the outbreak.
• Prerna, an SHG in Uttar Pradesh, has attempted in communicating messages on social distancing through street art and wall paintings. A few SHGs in Jharkhand have opened a 24×7 helpline called Didi, which provides verified information to migrant labourers on evacuation and return processes to their hometowns in Jharkhand.

MAHILA ARTHIK VIKAS MAHAMANDAL (MAVIM) IN MAHARASHTRA

• SHGs in Maharashtra were unable to cope with the growing volume and financial transactions and needed professional help. Community managed resource centre (CMRC) under MAVIM was launched to provide financial and livelihood services to SHGs. CMRC is self-sustaining and provides need-based services.
• SHGs such as Mahila Arthik Vikas Mahila Mandal, UMED Abhiyan under Maharashtra’s department of rural development’s State Rural Livelihood Mission, and government schemes such as Tejaswani, etc, have proven beneficial in the development of women entrepreneurship for the cause of women’s empowerment.

MISSION SHAKTI IN ODISHA

• “Mission Shakti” is the self-help mission for empowering women through the promotion of Women Self Help Groups (WSHGs) to take up various socio-economic activities which were launched in Odisha on 8th March 2001 on the eve of International Women’s Day. Mission Shakti has the clear objective of empowering women through gainful activities by providing credit and market linkage. Empowerment of women through WSHGs under Mission Shakti is a flagship programme of the Government of Odisha. It envisages that over a period of time more & more women would be part of a WSHG. Nearly 70 lakh women have been organized into 6 lakh groups in all blocks and urban local bodies of the State so far.

KEY GOVERNMENT POLICY MEASURES FOR SHGs

• Infuse funding: Apart from NABARD, there are four other major organizations in the public sector which too provide loans to financial intermediaries for onward lending to SHGs. They are:

(a) Small Industries Development Bank of India (SIDBI),

(b) Rashtriya Mahila Kosh (RMK), and

(c) Housing and Urban Development Corporation (HUDCO).

Then, there are public sector/other commercial banks which are free to take up any lending as per their policy and RBI guidelines. Under the Self-Employment Programme (SEP), interest subvention over and above 7 per cent rate of interest is available to all SHGs accessing bank loans. An additional 3 per cent interest subvention is also available to all women SHGs who repay their loan in time.

• In 1999, the Government of India, introduced Swarn Jayanti Gram Swarozgar Yojana (SGSY) to promote self-employment in rural areas through the formation and skilling of SHGs.
• Deen Dayal Antyodaya Yojana – National Rural Livelihoods Mission (DAY-NRLM) in 2011, under the Ministry of Rural Development, across the country in a mission mode with the objective of organizing the rural poor women into Self Help Groups (SHGs) and continuously nurturing and supporting them to take economic activities till they attain an appreciable increase in income over a period of time to improve their quality of life and come out of abject poverty. Women’s SHGs are being supported by the Government of India’s National Rural Livelihoods Mission (NRLM) which is co-financed by the World Bank. NRLM has scaled up the SHG model across 28 States and 6 Union Territories of the country, reaching more than 67 million women.
• Augment Skills & Entrepreneurship: To boost the participation of women in the entrepreneurship ecosystem, the government has introduced a plethora of schemes, such as the Mudra Yojana, Udyogini Scheme, Annapurna Scheme and Stand-Up India.
• Prime Minister recently participated in ‘Aatmanirbhar Narishakti se Samvad’ and interacted with women Self Help Group (SHG) members/community resource persons promoted under the Deendayal Antyodaya Yojana-National Rural Livelihoods Mission (DAY-NRLM). During the event, a compendium of success stories of women SHG members from all across the country, along with a handbook on the universalization of farm livelihoods was released. The Prime Minister also released capitalization support funds to the tune of Rs. 1625 Crore to over 4 lakh SHGs.
• In a bid to promote entrepreneurship among women through the formation of Micro Enterprises of Mission Shakti SHGs, the Department of Mission Shakti, Odisha in collaboration with Apparel Made-ups and Home Furnishing Sector Skill Council (AMHSSC), New Delhi has signed an agreement to launch an initiative for skill development of 10,000 Mission Shakti SHG members on apparel manufacturing.

ISSUES WITH SHGS SUSTENANCE

HIGHER NPA

• Whether the economic gains of the SHG movement are adequate to bring a qualitative change in their life is a matter of debate in India.
• The biggest challenge with SHGs currently is higher NPA percentage due to multiple financing, inadequacies in account keeping and other things.
• On average NPA of SHGs stands at around 7-8 per cent which NABARD intends to bring down to 2 per cent in the next five years.

LACKING TECHNOLOGICAL SKILLS

• Many of the activities undertaken by the SHGs are still based on primitive skills related mostly to primary sector enterprises.
• There is a lack of qualified resource personnel in the rural areas who could help in skill up gradation/acquisition of new skills by group members.
• Further, members of a group do not come necessarily from the poorest families.

DEPENDENT FOR RESOURCES

• Even after many years of existence, by and large, SHGs are heavily dependent on their promoter NGOs or government agencies.
• The withdrawal of NGOs / government agencies even from areas where SHGs have been federated, has often led to their collapse.
• The leadership and management of most SHG federations continue to be in the hands of NGOs.
• Capacity building of small groups/members is an important component of organizational effectiveness.

PARLIAMENTARY COMMITTEE REPORT (2016-17)

• The ‘Committee on Empowerment of Women’ (Rajya Sabha) found that even after the number of Self-Help Groups has gone up by nearly 70 per cent over the years, the north-eastern state of Arunachal Pradesh does not have even a single SHG.
• The committee also found irregularities in Literacy levels, a less patriarchal mindset in the south, etc.

REGIONAL DISPARITY

• There are a greater number of SHGs in Southern states compared to Northern states.
• Out of 66,000 federations, 60,000 are located in the four southern states viz. undivided Andhra Pradesh, Karnataka, Tamil Nadu and Kerala.
• The success rate of SHGs has been around 50% only and its failure is more pronounced in the North than south

THE WAY FORWARD:

Amartya Sen explains that the freedom to lead different types of life is reflected in the person’s capability set. Thus, the government policies must be directed towards increasing the socioeconomic capabilities of all of these women’s SHGs by means of the perennial flow of sustainable credit and institutional backing.

The 2^nd ARC is of the view that the role of the Government in the growth and development of the SHG movement should be that of a facilitator and promoter. The objective should be to create a supportive environment for this movement.

• Since a large number of rural households in the North-Eastern States and Central-Eastern parts of the country (Bihar, Jharkhand, Uttar Pradesh, Uttarakhand, Orissa, Madhya Pradesh, Chhattisgarh and Rajasthan) do not have adequate access to formal sources of credit, a major thrust on the expansion of the SHG movement in these areas should be facilitated.
• Commercial Banks and NABARD in collaboration with the State Government need to continuously innovate and design new financial products for SHGs.

Untapped potential: In Maharashtra alone, 527,000 SHGs have had a role to play in accounting for over 50% of all women-led small-scale industrial units in India, which shows that SHGs can lead to holistic development of women entrepreneurship. This needs to be replicated in other states.

SHGs response during crisis: According to the World Bank, in over 90 percent of India’s districts, away from the limelight of the cities, SHG women are producing facemasks, running community kitchens, delivering essential food supplies, sensitizing people about health and hygiene and combating misinformation. This shows that investments in the institution of SHGs will only return good interests even in the most testing times.

Examples to learn from: Observing the crucial role they play, corporations and foundations globally have designed SHG-led programmes to help women achieve economic empowerment. Initiatives such as the UdyamStree campaign by EdelGive Foundation, for example, has focused on women entrepreneurs in Maharashtra and Rajasthan, among other states, by leveraging SHGs such as MAVIM, and other relevant stakeholders. Facebook’s Pragati and Google’s Women Will, among others, have also moved the needle in fostering a level-playing field for women entrepreneurs. This can be adopted by industrialists and unicorns from India too.

An SHG 2.0 as emphasized by the World Bank which addressed the structural and credit-related challenges of SHGs need to be implemented for making the SHGs a true vehicle for women empowerment and making the people-centered development. The government policies thus must be in line with this idea so as to achieve efficient resource mobilization and consequent upliftment of women.

THE CONCLUSION: It is important to recognize the talent of women and provide them with the right opportunities. Self Help Groups have immensely benefited people in rural areas, especially women. The self-help group movement has been one of the most powerful incubators of female resilience and entrepreneurship in rural India. It is a powerful channel for altering the social construct of gender in villages. Women in rural areas are now able to create independent sources of income. The revolutionary momentum that SHGs have created has given women an important sense of self-assurance in their journey to become aatmanirbhar or self-reliant.

QUESTIONS TO PONDER

• “There is no denying that like most difficult times in the past, women have again risen to the fore in India’s fight against the pandemic.” Discuss the given statement in the light of SHGs and their role in the COVID-19 Pandemic.
• SHGs are one of India’s most important tools for women to achieve socio-economic self-reliance. Examine
• Although SHGs have a significant history in the Indian dynamics, they are off late marred with various challenges. Examine Critically.

THE CONTEXT: In three recent decisions, the Supreme Court has passed substantive directions which can result in aid and the last mile delivery of welfare measures to the oppressed and beleaguered sections of our society. Though PIL is a very powerful tool in the hands of the people for securing their collective rights it is also not free of criticism at the same time. This article analyses the issue and necessity of PILs in India at present times in detail.

WHAT IS PUBLIC INTEREST LITIGATION (PIL)?

Public Interest Litigation means a legal action initiated in a court of law for the enforcement of public interest or general interest in which the public or a class of the community have pecuniary interest or some interest by which their legal rights or liabilities are affected. Therefore, PIL is a proceeding in which an individual or group seeks relief in the interest of the general public and not for its own purposes. PIL is a strategic arm of the legal aid movement and is intended to bring justice within the reach of the poor masses. It is a device to provide justice to those who individually are not in a position to have access to the courts.

HISTORICAL BACKGROUND OF PIL

• The term “PIL” originated in the United States in the mid-1960s. In the nineteenth century, various
• movements in that country contributed to public interest law, which is a part of the legal aid movement. The first legal aid office was established in New York in 1876.
• In the 1960s the PIL movement began to receive financial support from the office of economic opportunity. This encouraged lawyers and public-spirited persons to take up cases of the underprivileged and fight against various issues like–dangers to the environment, harms to public health, exploitation of vulnerable masses, exploitation of consumers and injustice to the weaker sections.
• In England, PIL made a mark during the years of Lord Denning in the 1970s. He as a petitioner brought several public issues to the court.

PIL IN INDIA

• The expression ‘Public Interest Litigation’ has been borrowed from American jurisprudence, where it was designed to provide legal representation to previously unrepresented groups like the poor, the racial minorities, unorganised consumers, and citizens who were passionate about environmental issues, etc.
• Public interest litigation is not defined in any statute or in any act. It has been interpreted by judges to consider the intent of the public at large.
• Public interest Litigation (PIL) means litigation filed in a court of law, for the protection of “Public Interest”, such as Pollution, Terrorism, Road safety, Constructional hazards etc. Any matter where the interest of the public at large is affected can be redressed by filing a Public Interest Litigation in a court of law.
• Public interest litigation is the power given to the public by courts through judicial activism. However, the person filing the petition must prove to the satisfaction of the court that the petition is being filed for public interest and not just as frivolous litigation by a busy body.
• The court can itself take cognizance of the matter and proceed suo motu or cases can commence on the petition of any public-spirited individual.

LANDMARK PIL CASES IN INDIA

GENESIS OF THE CONCEPT

• The seeds of the concept of public interest litigation were initially sown in India by Justice Krishna Iyer, in 1976 in Mumbai Kamgar Sabha vs. Abdul Thai.
• The first reported case of PIL was Hussainara Khatoon vs. the State of Bihar (1979) which focused on the inhuman conditions of prisons and under-trial prisoners that led to the release of more than 40,000 under-trial prisoners. The right to speedy justice emerged as a basic fundamental right which had been denied to these prisoners. The same set pattern was adopted in subsequent cases.

S.P. GUPTA VS. UNION OF INDIA – 1982

• A new era of the PIL movement was heralded by Justice P.N. Bhagawati in the case of S.P. Gupta vs. Union of India. In this case, it was held that “any member of the public or social action group acting bonafide” can invoke the Writ Jurisdiction of the High Courts (under article 226) or the Supreme Court (under Article 32) seeking redressal against violation of legal or constitutional rights of persons who due to social or economic or any other disability cannot approach the Court.
• By this judgment, PIL became a potent weapon for the enforcement of “public duties” where executive action or misdeed resulted in public injury. And as a result, any citizen of India or any consumer group or social action group can now approach the apex court of the country seeking legal remedies in all cases where the interests of the general public or a section of the public are at stake.
• Justice Bhagwati did a lot to ensure that the concept of PILs was clearly enunciated. He did not insist on the observance of procedural technicalities and even treated ordinary letters from public-minded individuals as writ petitions.

M.C MEHTA VS. UNION OF INDIA – 1988

• A Public Interest Litigation was brought against Ganga water pollution so as to prevent any further pollution of Ganga water. Supreme Court held that petitioner although not a riparian owner is entitled to move the court for the enforcement of statutory provisions, as he is the person interested in protecting the lives of the people who make use of Ganga water.

INDIAN BANKS’ ASSOCIATION – 2004

• The Supreme Court in Indian Banks’ Association, Bombay & Ors. vs. M/s Devkala Consultancy Service and Ors held:- “In an appropriate case, where the petitioner might have moved a court in her private interest and for redressal of the personal grievance, the court in furtherance of Public Interest may treat it a necessity to enquire into the state of affairs of the subject of litigation in the interest of justice.”
• Thus, a private interest case can also be enlarged and seen in a broader aspect and be treated as a public interest case.

VISHAKA V. STATE OF RAJASTHAN – 1997

• The judgement of the case recognized sexual harassment as a violation of the fundamental constitutional rights of Article 14, Article 15 and Article 21. The guidelines subsequently led to the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.

ACTORS RESPONSIBLE FOR THE GROWTH OF PILs IN INDIA

THE CHARACTER OF THE INDIAN CONSTITUTION

• India has a written constitution which through Part III (Fundamental Rights) and Part IV (Directive Principles of State Policy) provides a framework for regulating relations between the state and its citizens and between citizens inter-se.

JUDICIAL ACTIVISM

• Although social and economic rights given in the Indian Constitution under Part IV are not legally enforceable, courts have creatively read these into fundamental rights thereby making them judicially enforceable. For instance, the “right to life” in Article 21 has been expanded to include the right to free legal aid, right to live with dignity, right to education, right to work, freedom from torture, bar fetters and handcuffing in prisons, etc.
• In PIL cases where the petitioner is not in a position to provide all the necessary evidence, either because it is voluminous or because the parties are weak socially or economically, courts have appointed commissions to collect information on facts and present it before the bench.

JUDICIAL INNOVATIONS

• Judicial innovations to help the poor and marginalised: For instance, in the Bandhua Mukti Morcha, the Supreme Court put the burden of proof on the respondent stating it would treat every case of forced labour as a case of bonded labour unless proven otherwise by the employer.
• Similarly in the Asiad Workers judgment case, Justice P.N. Bhagwati held that anyone getting less than the minimum wage can approach the Supreme Court directly without going through the labour commissioner and lower courts.

LIBERAL INTERPRETATION OF LOCUS STANDI

• The liberal interpretation of locus-standi where any person can apply to the court on behalf of those who are economically or physically unable to come before it has helped. Judges themselves have in some cases initiated suo moto action based on newspaper articles or letters received.

PROGRESSIVE SOCIAL LEGISLATIONS

• India has some of the most progressive social legislation to be found anywhere in the world whether it be relating to bonded labour, minimum wages, land ceiling, environmental protection, etc. This has made it easier for the courts to haul up the executive when it is not performing its duties in ensuring the rights of the poor as per the law of the land.

SIGNIFICANCE OF PILs

• The aim of PIL is to give the common people access to the courts to obtain legal redress. It is an important instrument of social change for maintaining the Rule of law and accelerating the balance between law and justice.
• The original purpose of PILs has been to make justice accessible to the poor and the marginalised, an important tool to make human rights reach those who have been denied.
• It democratises the access of justice to all. Any citizen or organisation who is capable can file petitions on behalf of those who cannot or do not have the means to do so.
• It helps in judicial monitoring of state institutions like prisons, asylums, protective homes, etc. And serves as one a tool for implementing the concept of judicial review.
• Enhanced public participation in judicial review of administrative action is also assured by PILs.

CERTAIN WEAKNESSES OF PILs

COMPETING RIGHTS 

• PIL actions may sometimes give rise to the problem of competing rights. For instance, when a court orders the closure of polluting industry, the interests of the workmen and their families who are deprived of their livelihood may not be taken into account by the court.

FRIVOLOUS PILS

• As the PILs have gained popularity many people started using PIL as a tool for harassment as frivolous cases are filed without heavy court fees as compared to private litigations. It could lead to overburdening of courts also. PILs today have also been appropriated for corporate, political and personal gains. Today the PIL is no more limited to problems of the poor and the oppressed.
• Examples:

Ø  PIL to postpone the exam after Kumbh Mela – dismissed by Uttarakhand HC and fine of Rs 50,000 imposed.

Ø  PIL challenging the developmental works undertaken by the Odisha government at the premises of Puri Jagannath Temple – Dismissed by SC.

Ø  Juhi Chawla PIL against 5G – dismissed by Delhi HC.

OVERBURDENING OF COURTS

• PIL matters concerning the exploited and disadvantaged groups are pending for many years. Inordinate delays in the disposal of PIL cases may render many leading judgments merely of academic value.

JUDICIAL OVERREACH

• Cases of Judicial Overreach by the Judiciary in the process of solving socio-economic or environmental problems can take place through the PILs.

MISUSE

• PIL is being misused by the public agitating for private grievances in the grab of public interest by seeking publicity rather than supporting the public cause.

GUIDELINES TO BE FOLLOWED FOR ENTERTAINING PIL CASES – SUPREME COURT

PETITIONS ALLOWED UNDER PILs

Letter petitions falling under the following categories alone will ordinarily be entertained as Public Interest Litigation:-

1. Bonded Labour matters.
2. Neglected Children.
3. Non-payment of minimum wages to workers and exploitation of casual workers and complaints of violation of Labour Laws (except in individual cases).
4. Petitions from jails complaining of harassment and seeking release after having completed 14 years in jail, death in jail, transfer, release on personal bond, and speedy trial as a fundamental right.
5. Petitions against police for refusing to register a case, harassment by police and death in police custody.
6. Petitions against atrocities on women, in particular harassment of bride, bride burning, rape, murder, kidnapping etc.
7. Petitions complaining of harassment or torture of villagers by co- villagers or by police from persons belonging to Scheduled Caste and Scheduled Tribes and economically backward classes.
8. Petitions pertaining to environmental pollution, disturbance of ecological balance, drugs, food adulteration, maintenance of heritage and culture, antiques, forest and wildlife and other matters of public importance.
9. Petitions from riot -victims.
10. Family Pension.

Ø  All letter-petitions received in the PIL Cell will first be screened in the Cell and only such petitions as are covered by the above-mentioned categories will be placed before a Judge to be nominated by Hon’ble the Chief Justice of India for directions after which the case will be listed before the Bench concerned.

PETITIONS NOT ALLOWED UNDER PILs

Cases falling under the following categories will not be entertained as Public Interest Litigation and these may be returned to the petitioners or filed in the PIL Cell, as the case may be:

1. Landlord-Tenant matters.
2. Service matter and those pertaining to Pension and Gratuity.
3. Complaints against Central/ State Government Departments and Local Bodies except those relating to item Nos. (1) to (10) above.
4. Admission to medical and other educational institutions.
5. Petitions for early hearing of cases pending in High Courts and Subordinate Courts.

 THREE CASES WHICH HIGHLIGHT THE SIGNIFICANCE OF PILS IN PRESENT TIMES

BUDHADEV KARMASKAR VERSUS STATE OF WEST BENGAL & ORS. – 2022

The Supreme Court issued a slew of directions in the exercise of its extraordinary powers under Article 142 of the Constitution so as to ensure basic human rights and dignity for sex workers across the country. The directions were necessitated on account of executive inertia (and also resistance) in bringing about much-needed reform for the betterment of the lives of sex workers. Since the Union Government had been dragging its feet on the subject matter pertaining to the inclusion and rehabilitation of sex workers for a considerable period of time, these directions were a long-time coming. Significant directions passed by the court include:

• A reiteration of the law that consensual sex work by adult sex workers is not a criminal offence;
• A legal affirmation of the fact that sex workers are entitled to equal protection of the laws;
• An injunction against the police authorities to cease and desist from meting out brutal and violent treatment on sex workers;
• Issuance of Aadhar Cards to sex workers without any possibility of any revelation of their identity as sex workers.

By passing such directions, the Supreme Court has made significant strides in removing sex workers from the fringes of society.

GAURAV KUMAR BANSAL VERSUS MR. DINESH KUMAR & ORS. – 2021

This case pertains to the implementation of the Mental Health Care Act, 2017, which the court noted was ‘tardy’ at various levels by most states and union territories (‘UTs’).

1. The court noticed that several States were simply re-designating existing establishments as halfway homes to demonstrate compliance under the Act. Accordingly, the bench directed all states and UTs to submit reports regarding the progress made towards establishing halfway homes. The court is now monitoring the progress made by states and UTs in establishing halfway homes across India. The bench in its directions had made it abundantly clear that it expects the process of establishment of such halfway homes is completed in an expeditious manner.
2. Another disturbing practise which drew the ire of the court was that in certain states, persons who were overstaying in mental health care institutions (due to poverty and despondency) were being transferred to beggar homes and custodial institutions. The court took cognizance of this insensitive practice and passed urgent directions to ensure that such practices are proscribed since they fall foul with the provisions of the Mental Health Care Act.

Under the Mental Health Care Act, 2017, “mental health care” is a broad and all-encompassing concept which includes not just ‘diagnosis’ and ‘treatment’, but also ‘care’ and ‘rehabilitation’ of persons suffering from mental illness. The Act gives every such person the right to access “mental healthcare” and treatment from mental health services run or funded by the State. Such services include accommodation in community-based establishments called “Half-way Homes”. These halfway homes are supposed to facilitate the process of rehabilitation of persons who have undergone mental healthcare treatment.

RAJNEESH KUMAR PANDEY & ORS. VERSUS UNION OF INDIA & ORS. -2021

The Supreme Court passed a detailed judgment in October 2021 containing several directions (which are applicable pan-India) for imparting inclusive and quality education to children with special needs (‘CwSN’).

• The court declared in no uncertain terms that CwSN are entitled to have access to free, inclusive, and quality education under the Right of Children to Free and Compulsory Education Act, 2009.
• The bench further observed that for meaningful and effective imparting of education and training to CwSN, different norms and standards ought to be followed; for that purpose, the concerned schools are obliged to create posts of rehabilitation professionals/special education teachers commensurate to the number of CwSN students in the given school.

Ø  The bench noted that no norms and standards had been prescribed by the union government for the appointment of rehabilitation professionals or special teachers for schools admitting CwSN. Accordingly, the bench directed the Union Government to notify the norms and standards of pupil-teacher ratio, and also separate norms for special teachers who alone can impart education and training to CwSN in the general schools. Once these norms were specified, state governments and schools were required to create commensurate permanent posts, and thereafter make appointments for rehabilitation professionals/special teachers who can cater to the needs of CwSN.

• Till such norms were specified by the Union Government, the court prescribed different pupil-teacher ratios for children with different disabilities to be adopted across India. For instance, for children with cerebral palsy, a pupil-teacher ratio of 8:1 was prescribed by the court, and for children with intellectual disability, Autistic Spectrum Disorder and specific learning disabilities, a pupil-teacher ratio of 5:1 was prescribed.

PILs ARE NECESSARY FOR SECURING A WELFARE STATE – AN ANALYSIS

PIL as a tool is also working as an important instrument of social change, for the welfare of every section of society. The innovation of this legitimate instrument proved beneficial for developing country like India and is often used as a strategy to combat the atrocities prevailing in society. Public Interest Litigation has produced astonishing results which were unthinkable three decades ago – degraded bonded labourers, tortured under trials and women prisoners, humiliated inmates of protective women’s homes, blinded prisoners, exploited children, beggars, and many others have been given relief through judicial intervention. The greatest contribution of PIL has been to enhance the accountability of the governments towards the human rights of the poor. The PIL develops a new jurisprudence of the accountability of the state for constitutional and legal violations adversely affecting the interests of the weaker elements in the community. The very purpose behind the judicial innovation of public interest litigation – which is the constitutional promise of a social and economic transformation to usher in an egalitarian social order and a welfare state shall not be defeated and for that, the Judiciary should be cautious enough in the application of PILs to avoid Judicial Overreach that are violative of the principle of Separation of Power. Besides, the frivolous PILs with vested interests must be discouraged to keep its workload manageable.

THE WAY FORWARD:

• It is time for the judiciary to do a reality check on the advent of PIL petitions which flooded the courts. The court must be careful to see that the petitioner who approaches it is acting bona fide and not for personal gain, private profit or political or other oblique considerations.
• Civil Society Organisations can play a proactive role in making people aware of their rights and even file PILs on their behalf on a matter of significant cause, also condemning misuse of PILs in the light of larger national good.
• Former Attorney General Soli Sorabjee has also advocated for 3 basic rules for regulating abuse of PIL:

• Reject dubious PIL at the threshold and in appropriate cases with exemplary costs.
• In cases where the important project or socio-economic regulations are challenged after gross delay, such petitions should be thrown out the very threshold on the ground of latches. Just because a petition is termed as PIL does not mean that ordinary principles applicable to litigation will not apply.
• PIL petitioners should be in strict terms such as providing indemnity or giving an adequate undertaking to the court to make good the damage if PIL is ultimately dismissed.

THE CONCLUSION: Public interest can be defended with such judicial interventions to prevent the violation of rights of sizeable segments of society who, due to poverty, ignorance, social status and economic disadvantage, cannot themselves assert those rights. Quite often, they are not even aware of those rights. Without PILs, corruption, nepotism and bias in executive actions will remain unchallenged. Courts must maintain a constant vigil over the executive and the legislature. Otherwise, all rights secured to citizens under our constitution will become worthless. The rule of law is the accepted norm for all civilised societies and the courts in India have a duty to enforce that rule of law. The Supreme Court must ignore those with frivolous motives and who represent the interest of the few and not the larger public interest. As a constitutional court, it must continue to serve the nation and its citizens.

Mains Practice Question:

1. What is public interest litigation? How do they help in securing the welfare nature of the state?
2. PILs are an effective way to seek justice for the people at large. Discuss how the recent judgements by the Supreme Court in PIL cases have restored the rights of a sizeable section of society.
3. Discuss the evolution of public interest litigation in India.

THE CONTEXT: The financial sector in India has been hit by many scams like the recent NSE scam, PNB scam etc. Despite the presence of Independent Regulatory Bodies (IRBs)like RBI, SEBI etc., the occurrence of such scams has raised questions about the functioning and performance of these bodies. The working of other such IRBs more or less reflects these concerns. One view is that giving Constitutional status to these bodies will address the issues while others disagree. This article examines this debate in detail.

WHAT ARE INDEPENDENT REGULATORY BODIES?

DEFINITION

• Independent Regularity Bodies (IRBs) are agencies of modern democratic governments, parts of the executive wing with a certain degree of statutory or constitutional autonomy, reporting directly to the legislature.
• Like the general executive, they are accountable to the legislature and subject to judicial review.
• With the increasing expansion of the scope and activities of governmental operations, IRBs came to be accepted as a needed instrument.

SEPARATE FROM THE EXECUTIVE

• Government regulation has always existed through its own departments directly under its control.
• Over the last century, a new type of regulatory system known as Independent Statutory Regulating Agencies has emerged.
• These agencies differ from the traditional regulatory system in that they are separate from the executive branch of government and have some autonomy.

TYPOLOGY OF IRBs

• Regulation in India can be mapped under three broad categories: economic regulation, regulation in the public interest and environmental regulation.
• Hence, the IRBs in India majorly work under these broad areas.

NEED FOR IRBs

• Need to prevent market failure,
• Need to check anti-competitive practices,
• Need to promote the public interest. (Read Ahead)

           EVOLUTION OF IRBs: AN OVERVIEW

LAISSEZ FAIRE ERA

• The system of independent regulation started in 1887 in the USA where the independent regulatory commission was first established as a regulator.
• It was aimed to keep government interference at arm’s length so that economy can work efficiently without the interference of government.

WELFARE ERA (PRE LPG)

• Regulators were created to ensure that government should have proper control on the economy.
• It was to ensure the economy work for public welfare.
• The aim was to ensure control not facilitate.
• In the pre-globalization era, the regulation was bureaucratic and more focused on control.
• The regulation was premised on license permits and quotas, which suppress the innovation and expansion of business and other sectors.

LPG ERA

• In the globalization/LPG era, there is revolutionary change and the focus of the regulatory environment was shifted from strict regulation to deregulation.
• Its aim was to facilitate and create a business-friendly environment.
• There was the emergence of sectoral regulation as the economy becomes more diversified and specialized.
• The regulator was given more power with the concept of managerialism, arm’s length organization, and hands-off management.
• The IRBs were empowered to take decisions, make rules and implement them.

SOME IMPORTANT IRBs WORKING IN ECONOMIC REGULATION 

RBI

• The RBI Act of 1934 established it. It serves as a banker to the government, a lender of last resort, and performs various supervisory functions related to licensing and establishments, branch expansion, management, and liquidation.

SEBI

• It performs protective (protecting investors’ interests, providing investment security, checking price rigging, and prohibiting insider trading), developmental (increasing business on the stock exchange), and regulatory functions (establishing rules, regulations, and a code of conduct for intermediaries such as merchant bankers etc.

IRDA

• IRDA’s mission is to protect the interests of insurance policyholders and ensure fair treatment. It issues a registration certificate, renews, modifies, withdraws, suspends, or cancels such registration. It establishes a code of ethics for surveyors and loss assessors.

TRAI

• It ensures technical compatibility and efficient interconnection of various service providers.
• It establishes quality service standards in order to protect the interests of consumers.
• It ensures effective fulfilment of the universal service obligation.

CCI

• It ensures healthy and fair competition in the market economy and protects the interests of consumers:
• It aims to prohibit anti-competitive business practices, and abuse of dominance by an enterprise as well as regulate various business combinations such as mergers and acquisitions.

 THE MAIN FUNCTIONS OF THE IRBs

The actual functions of individual regulatory authorities in a country would depend on the overall structure of the regulatory regime, empowerment of authorities as provided in the relevant legal instruments and rules, administrative arrangements and autonomy, and technical capacity. However, some of the essential functions of regulators include:

• Protection of public interest.
• Imposing penalties for non-compliance.
• Administering tariff adjustments and periodic reviews.
• Facilitating dispute resolution between parties.
• Monitoring compliance with contractual obligations to the government and users, and other legal and regulatory requirements.
• Establishing technical, safety and quality standards and monitoring their compliance.
• Providing advice and counsel to government on policy matters and other related matters to private sector involvement in the sector.

THE RATIONALE BEHIND THE SETTING UP OF IRBs

LEVEL PLAYING FIELD

• To provide a level playing field for all while also protecting the larger public and national interest.

COMPLEXITIES OF GOVERNANCE

• Increasing complexities and technological advancement necessitated the use of experts to handle issues.

EFFECTIVE DECISION MAKING

• Protecting decision-making from political interference serves the public interest best.

LPG-POST 1991

• Following the 1991 reforms, the entry of the corporate sector necessitated certain measures to boost investor confidence and protect the public interest.

FUNCTIONAL SPECIALISATION

• The traditional departmental structure of government was not well suited to the dual role of policymaking and regulation of the sector in question.

 INDEPENDENCE OF THE IRBs

According to the World Bank handbook, an IRB model of regulation requires setting up an independent regulator which has organizational, financial and management independence from ministries. This is necessary in order to depoliticize the decision-making and ensure sectoral regulation occurs on techno-commercial principles. In this regard, the IRBs have been established under various statutes which delineate the various aspects of personal management, functional domains, accountability areas etc. As the IRBs are set up by the legislatures, it is believed that government will have less ability to control their working which will enable them to work with efficiency, objectivity and fairness. In other words, independence is given to IRBs for performance excellence.

POOR PERFORMANCE OF THE IRBs: SOME ILLUSTRATIONS

RBI

• The recurrence of scams in the banking sector (public, private, cooperatives), the problem of NPAs, persistent inflation etc. have raised questions on whether RBI is responsible for its mandate.

SEBI

• The NSE co-location scam and the very unprofessional manner in which SEBI has handled the issue invited criticisms from various quarters.
• The delay in concluding investigations, reactive rather than proactive actions and delay in addressing grievances of retail investors etc., are other instances.

TRAI

• TRAI has been criticised for its favourable stance towards Reliance Jio in the context of predatory pricing.
• The AGR dues didn’t pile up overnight but stem from a 15-year-old dispute over sharing of revenues between telcos and the government.
• A well-regulated industry would not be subject to such a large fiscal shock.

 THREE MAJOR CHALLENGES IN THE WORKING OF IRBs

INDEPENDENCE

• Financial independence is one aspect of independence.
• Financial independence is frequently restricted by regulators’ reliance on concerned line ministries for budgetary allocations, approval of staff hires, and the requirement that the former report to the latter.
• Independence also refers to a fixed term of employment and protection from dismissal, barring cases of incompetence and moral turpitude.
• However, the government interferes repeatedly with the tenure of employees in regulatory agencies.
• Functional independence is a requirement for regulatory effectiveness, which necessitates that the regulator maintains an impartial relationship with interest groups (Problem of Regulatory Capture)

ACCOUNTABILITY

• During various Parliamentary debates, regulators do not respond to questions about them. The minister of the associated ministry is held accountable.
• Regulators are frequently overlooked from scrutiny. Only two questions were posed to regulators in the 16th Lok Sabha. Only when there is an impending crisis or a serious debate in the country are the actions of the regulator called into question.
• Annual reports from regulators are not submitted to parliamentary standing committees.

TRANSPARENCY

• A transparent regulatory process is essential. Stakeholders, for example, must be made aware of the regulatory process and given opportunities to freely express their opinions.
• Liberal use of interim orders, without hearing the affected party, is criticised.
• It turns out that in many such cases, the regulator takes its time to issue the final order. Also, the rules are often harsh and are made without meaningful consultation and many a time the rules are changed as fast as they are made.

 WHETHER THE IRBs ARE TRULY INDEPENDENT?

In actual practice, the government can influence the personal management practices of the regulatory bodies. The significant role of government in appointment, promotion and removal, an extension of tenure etc. undermines the independence of regulated bodies. For instance, an Ordinance was brought to change the TRAI Act in order to change the eligibility criteria for the appointment of Chairman of TRAI, and the controversy between the RBI and Central Government and the resignation of the RBI Governor and Deputy Governor.  Similarly, the financial dependency of the regulatory body on the administrative ministry is also a cause of concern. Thus, it is argued that IRBs should be given constitutional status like the ECI, CAG, etc. The idea is that Constitutional status will eliminate political pressure and government influence from the functioning of regulatory bodies which will enhance their efficiency.

WHETHER CONSTITUTIONALIZING OF IRBs IS THE BEST WAY TO ENSURE INDEPENDENCE AND THUS PERFORMANCE?

ARGUMENTS IN FAVOUR

• It will substantially reduce executive control over the IRBs thereby securing meaningful independence.
• Constitutionalisation will completely remove the dependency of the IRBs on the ministries for funds and functionaries.
• It will enhance the stature, prestige and authority of the IRBs which will help it to resist political pressure.
• Regulation has become the fourth branch of the state and hence is a quite significant function of the state. So Constitutionalisation can enable them to carry out their function efficiently.
• There are many countries that provide Constitutional status to IRBs. For instance, in a 2009 report, the Bank for International Settlements (BIS) found that the Constitutions of eight countries specifically provided for the independence of their central banks Switzerland, Chile, Mexico, Russia, South Africa etc.

ARGUMENTS AGAINST

• The purpose of regulation is not to check the government and hence they can’t be equated with bodies like ECI, Supreme Court, CAG etc.
• Constitutionalisation will lead to a further lack of accountability of the IRBs which is detrimental.
• There is no guarantee that Constitutionalisation will automatically ensure independence and performance.
• As IRBs are the creations of the legislature, which represents the sovereign authority of the people, it should have the freedom to decide the various aspects of the IRBs.
• Neither the Damodaran Committee, the FSLRC, the Second ARC etc. have recommended Constitutionalisation.
• Central banks perceived to have the “gold standard” of independence, such as the Reserve Bank of New Zealand, Federal Reserve, and Bank of Canada do not have Constitutional status. In fact, some of the best-governed banks, such as the Bank of Japan and the Federal Reserve have private shareholders, such as banks and financial institutions.

THE WAY FORWARD: 

ADHERE TO SECOND ARC RECOMMENDATIONS

• Before establishing a regulator, its need should be carefully examined. Only where necessary should there be regulation, according to the rules.
• A Management Statement outlining the goals and responsibilities of each regulator should be developed by each Ministry in addition to the statutory framework.
• The appointment, tenure, and removal of different regulatory authorities must be done in a transparent and equitable manner.
• There must be enough protection against arbitrary removal.
• The relevant Departmentally Related Standing Parliamentary committees should be used to ensure parliamentary oversight of regulators (DRSC).
• The independent regulators ought to undergo regular evaluation.
• A report on the performance of the regulators in light of these principles ought to be included in their annual reports.

FINANCIAL SECTOR LEGISLATIVE REFORMS COMMISSION RECOMMENDATIONS

• The FSLRC advises achieving financial independence by independently obtaining funds from sources like fees.
• FSLRC suggests specific regulatory goals, informing Parliament regarding their success in enforcing their regulatory targets, etc.
• It also urges the consolidation of regulators, such as The PFRDA and IRDA.
• It also suggests creating an extensive and enforceable code of conduct.

OECD: BEST PRACTICE PRINCIPLES FOR THE GOVERNANCE OF REGULATORS

Following the OECD best practices can improve the IRB’s functioning. These principles are:

• Role clarity
• Preventing undue influence and maintaining trust
• Decision-making and governing body structure for independent regulators
• Accountability and transparency
• Engagement
• Funding
• Performance evaluation

ENSURE TRANSPARENCY

• It may appear that an agency’s independence is being compromised when it is forced to defend its decisions in front of members of the public or other representatives.
• Contrarily, one of the best ways to encourage the agency to act in the public interest is through transparency.
• The provisions included in the Reserve Bank of India Act in 2015, which mandate the regular publication of the minutes of its meetings, the individual votes of each member, and the obligation to inform the government of any failures in upholding the inflation target, serve as a classic illustration.
• As it would be difficult to justify decisions and votes that do not align with the public interest, this is a potent provision that simultaneously secures independence and accountability.

CONTINUOUS PARLIAMENTARY OVERSIGHT

• Parliamentary oversight appears to be the best form of political accountability because accountability to the line ministry is frequently associated with pressure being applied to the regulator to favour utilities operated by the ministry.
• Legislators need to devise such mechanisms to bring regulatory oversight but must be careful not to interfere in their functioning.

THE CONCLUSION: Regulation is an important activity and hence the IRBs need to have real independence. Constitutional status is not the right approach but there are many other ways by which this can be ensured. A via media need to be found that will balance the need for independence and democratic control.

QUESTIONS TO PONDER

1. What do you understand by Independent Regulatory Bodies? Explain the reasons behind their establishment.
2. “Independence of the IRBs require their Constitutionalisation”. Examine.

THE CONTEXT: In April 2022, the Vice-President while addressing the occasion of the 50th year of the Press Club called for an amendment in the anti-defection law because of the “loopholes”. The present political crises in Maharashtra also make the topic relevant for an elaborate discussion. This article explains the anti-defection law and associated issues in detail.

Defection: Changing party allegiance from the party on which a person got elected (to a legislative body) to a different party.

PROBLEMS WITH DEFECTION: Parliamentary democracy is becoming a farce as a result of the change of party by the representatives without any hesitation. A culture of impunity has developed so much so that the political representatives have become adept at using and bypassing the anti-defection law. The Constitution has given priceless value to the votes of the citizens; contrastingly the politics of vested interests of the representatives are making it worthless day by day. Defection leads to the subversion of electoral mandates and affects the normal functioning of the government.

ABOUT ANTI – DEFECTION LAW

• Parliament added it to the Constitution as the Tenth Schedule in 1985 to bring stability to governments by discouraging legislators from changing parties. The Tenth Schedule – popularly known as the Anti-Defection Act – was included in the Constitution via the 52nd Amendment Act, 1985.
• It does not penalize political parties for encouraging or accepting defecting legislators however it punishes individual Members of Parliament (MPs)/MLAs for defection. The members disqualified under the law can stand for elections from any political party for a seat in the same House. The decisions on questions as to disqualification on the ground of defection are referred to the Chairman or the Speaker of such House, which is subject to ‘Judicial review’. However, the law does not provide a timeframe within which the presiding officer has to decide a defection case.
• The 91st Constitutional Amendment Act, 2003, changed the initially envisaged 1/3^rd  to now at least two-thirds of the members of a party must be in favour of a “merger” for it to have validity in the eyes of the law.

THE GROUNDS FOR DISQUALIFICATION

Article 102/191 of the Constitution of India lays down the grounds under which a Member of Parliament/Member of Legislative Assembly may be disqualified from being a member of the house.

The first part of Article 102 elaborates several instances when such disqualification may be done:

(a) If the person holds any undeclared office-for-profit under the Government;

(b) If he is declared to be of unsound mind by a competent court;

(c) If he is an undischarged insolvent etc.;

(d) Voluntarily acquires the citizenship of a foreign State;

(e) Disqualified by or under any law made by Parliament.

The second part of Article 102 (and 191) gives authority to the Tenth Schedule of the Constitution to disqualify any member. It is this Tenth Schedule that is popularly known as the anti-defection law.

• If an elected member voluntarily gives up his membership of a political party.
• If he votes or abstains from voting in such House contrary to any direction issued by his political party or anyone authorized to do so, without obtaining prior permission.
• As a pre-condition for his disqualification, his abstention from voting should not be condoned by his party or the authorized person within 15 days of such an incident.
• If any independently elected member joins any political party.
• If any nominated member joins any political party after the expiry of six months.

Exceptions:Paragraph 4 of the Tenth Schedule says,

4. Disqualification on the ground of defection not to apply in case of a merger.—

(1) A member of a House shall not be disqualified under subparagraph (1) of paragraph 2 where his original political party merges with another political party and he claims that he and any other members of his original political party—

(a) have become members of such other political party or, as the case may be, of a new political party formed by such merger; or

(b) have not accepted the merger and opted to function as a separate group,

and from the time of such merger, such other political party or new political party or group, as the case may be, shall be deemed to be the political party to which he belongs for the purposes of sub-paragraph

(1) of paragraph 2 and to be his original political party for the purposes of this subparagraph.

(2) For the purposes of sub-paragraph (1) of this paragraph, the merger of the original political party of a member of a House shall be deemed to have taken place if, and only if, not less than two-thirds of the members of the legislature party concerned have agreed to such merger.

 VARIOUS INCIDENTS RELATED TO DEFECTION IN INDIAN POLITY

We know that the anti-defection law does not apply if the number of MLAs who leave a political party constitutes two-thirds of the party’s strength in the legislature. These MLAs can merge with another party or become a separate group in the legislature. For example,

• In 2021 in Meghalaya, 12 of 17 Congress MLAs joined the All India Trinamool Congress. the Speaker recognised as a ‘merger’ the crossover of 12 Congress MLAs out of a total of 17 to the Trinamool Congress and refused to disqualify them.
• In 2019, all six MLAs of the Bahujan Samaj Party in Rajasthan joined the Congress. The same year, four out of six Telgu Desam Rajya Sabha MPs joined the BJP. In all such cases, the MPs/MLAs were not disqualified.
• The present crisis in Maharashtra where the MLAs have its root in the 2019 formation of the coalition government in the state (Maha Vikas Aghadi). Now the MLAs from the Shiv Sena have distanced themselves from the coalition and shown faith in a new leader (The Shiv Sena had 55 members in the Maharashtra Assembly. Eknath Shinde, who leads the rebel group, claimed the support of 40 MLAs with him), having joined hands with NDA. In the 288-member House, 164 MLAs voted for the motion of confidence, while 99 voted against it. The question of whether the new faction is a separate political group or the original Shiv Sena is yet to be decided (by the ECI) and the question of disqualification of the MLAs is still subjudice.

 RESIGNATION AND ANTI-DEFECTION LAW

• In Karnataka, the 2018 elections threw up a hung assembly. After the Bharatiya Janata Party failed to prove its majority after BS Yediyurappa took an oath, the Congress and the Janata Dal-Secular formed the government under the leadership of HD Kumaraswamy. But a year later, the resignations by Congress and JDS MLAs reduced the government to a minority and the government later fell. The rebel MLAs were later elected on a BJP ticket in the by-elections.
• Again in 2018, Congress won the Madhya Pradesh elections and formed a government under Kamal Nath. Less than a year later, 23 Congress MLAs including six ministers owing allegiance to Jyotiraditya Scindia resigned. The MLAs later joined the BJP government after winning by-elections.

The resignation is the way to circumvent the Anti-defection law and attract punishments thereby prescribed. However, some also contend that if the person is no longer satisfied by the ideologies or the policies of the government then the only way is to resign. It is hard to ascertain whether the resignations are voluntary or under coercion.

THE ISSUES WITH ANTI-DEFECTION LAW

UNDERMINING REPRESENTATIVE & PARLIAMENTARY DEMOCRACY

• After enactment of the Anti-defection law, the MP or MLA has to follow the party’s direction blindly and has no freedom to vote in their judgment.
• Due to the Anti-Defection law, the chain of accountability has been broken by making legislators accountable primarily to the political party.

AMBIGUITY OVER MERGER CLAUSE

• The confusion is about the use of the terms ‘Political Party’ and ‘Legislature Party’. It is not clear whether political parties should merge amongst themselves before the merger of elected members (Legislature Party) of two distinct parties. The merger envisaged in Paragraph 4 of the Tenth Schedule is a two-step process. Under this, one political party first merges with another, and then the legislators accept the merger.
• However, the second subparagraph (of Paragraph 4) says that a party shall be “deemed” to have merged with another party if not less than 2/3rd of the members of the legislature party concerned have agreed to such merger.
• The ambiguity is whether the merger of the Legislature Party would be deemed to be the merger of the Political party as well. Legal experts from the Vidhi Center of Legal Policy argue that the clause seems to be creating a “legal fiction” so as to indicate that a merger of 2/3rd members of a legislature party can be deemed to be a merger of political parties. Even if there is no actual merger of the original political party with another party.

SUBVERSION OF ELECTORAL MANDATES

• Defection is the subversion of electoral mandates by legislators who get elected on the ticket of one party but then find it convenient to shift to another, due to the lure of ministerial berths or financial gains.

AFFECTS THE NORMAL FUNCTIONING OF THE GOVERNMENT

• The infamous “Aaya Ram, Gaya Ram” slogan was coined against the background of continuous defections by the legislators in the 1960s.
• The defection leads to instability in the government and affects the functioning of the administration.

ALLOWS ONLY WHOLESALE DEFECTION

• It allows wholesale defection, but retail defection is not allowed. Amendments are required to plug the loopholes.
• He raised concern that if a politician is leaving a party, s/he may do so, but they should not be given a post in the new party.

CONTROVERSIAL ROLE OF SPEAKER

• There is no clarity in the law about the timeframe for the action of the House Chairperson or Speaker in the anti-defection cases.
• Some cases take six months and some even three years. There are cases that are disposed of after the term is over.

FREEDOM OF SPEECH OF LEGISLATORS

• One of the conditions for disqualification is the violation of the whip issued by the Political Party to vote in a particular manner. Critics argue that this greatly limits the ability of a member to exercise her free opinion on the floor of the House on certain proposed legislation.

PROMOTE HORSE-TRADING

• Defection also promotes horse-trading of legislators which clearly go against the mandate of a democratic setup.

DOES ANTI-DEFECTION LAW NEED TO BE REPEALED?

The toppling of the Maha Vikas Aghadi government in Maharashtra offers many lessons to political observers, but one that people need to pay more attention to, is that it confirms the total irrelevance and ineffectiveness of the anti-defection law, officially known as the 10th Schedule of the Constitution.

There are several questions that need to be decided. Can the Speaker (or in his absence, the Deputy Speaker) decide on a disqualification petition while a no-confidence motion is pending against him? Can the Supreme Court review the decision ahead of the disqualification decision being made? How does the leeway given for the merger of a party operate — if two-thirds of MLAs of the party vote to separate from the party leadership, would they have to merge with another party to avoid disqualification? The solution to these issues is either to address the root cause and repeal the anti-defection law or make necessary amendments/reform the law to make it more effective for the purpose of its enactment.

VIEWS OF VARIOUS COMMITTEES ON ANTI-DEFECTION LAW

DINESH GOSWAMI COMMITTEE ON ELECTORAL REFORMS (1990)

• Disqualification should be limited to cases where (a) a member voluntarily gives up the membership of his political party, (b) a member abstains from voting, or votes contrary to the party whip in a motion of vote of confidence or motion of no-confidence. The issue of disqualification should be decided by the President/ Governor on the advice of the Election Commission.

LAW COMMISSION (170TH REPORT, 1999) 

• Provisions which exempt splits and mergers from disqualification to be deleted.
• Pre-poll electoral fronts should be treated as political parties under the anti-defection law.
• Political parties should limit the issuance of whips to instances only when the government is in danger.

ELECTION COMMISSION

• Decisions under the Tenth Schedule should be made by the President/ Governor on the binding advice of the Election Commission.

CONSTITUTION REVIEW COMMISSION – NCRWC (2002)

• Defectors should be barred from holding public office or any remunerative political post for the duration of the remaining term.
• The vote cast by a defector to topple a government should be treated as invalid.
• Recommendations:

o   On Presiding Officer: Various expert committees have recommended that rather than the Presiding Officer, the decision to disqualify a member should be made by the President (in case of MPs) or the Governor (in case of MLAs) on the advice of the Election Commission.

o   Similar to Office of Profit: This would be similar to the process followed for disqualification in case the person holds an office of profit (i.e. the person holds an office under the central or state government which carries a remuneration, and has not been excluded in a list made by the legislature).

JUDICIAL PRECEDENTS

1. KIHOTO HOLLOHAN vs ZACHILLHU (1992): In the judgment, the Supreme Court clarified that the 10th schedule is constitutionally valid. It neither impinges upon the freedom of speech and expression nor subverts the democratic rights of elected members. It also upheld the sweeping discretion available to the Speaker in deciding cases of disqualification of MLAs. However, it also held that the Presiding Officer’s decisions of disqualification shall be open to judicial review. The Supreme Court also held that judicial review cannot be available prior to the making of the decision by the Speaker not at the interlocutory stage of the proceedings.

2. RAVI S NAIK vs UNION OF INDIA (1994): The Supreme Court had said that “ an inference can be drawn from the conduct of a member that he has voluntarily given up the membership of the party to which he belongs.

3. NABAM REBIA vs DEPUTY SPEAKER (2016): The court had ruled that it would be “constitutionally impermissible for a Speaker to adjudicate upon disqualification petitions under the Tenth Schedule while a motion of resolution for his own removal from Office of Speaker is pending”.

4. GIRISH CHANDORKAR vs THE SPEAKER, GOA (2011): The Bombay High Court held that the merger of 2/3^rd of members of the legislative assembly is deemed to be the merger of the original party. (sub judice in Supreme Court).

5. Keisham Meghachandra Singh case (2020): The Supreme Court in Keisham Meghachandra Singh vs. the Hon’ble Speaker Manipur Legislative Assembly & Ors. (2020) case made a significant suggestion regarding disqualification powers of the Speaker. The Court was adjudicating upon the matter relating to the disqualification of Members of the Legislative Assembly (MLAs) in the Manipur Legislative Assembly under the Tenth Schedule. The Court recommended the Parliament to amend the Constitution regarding the role of the Speaker as a quasi-judicial authority while dealing with disqualification petitions under the anti-defection law (when such a Speaker continues to belong to a particular political party either de jure or de facto). The Court suggested that an independent tribunal can be appointed which will substitute the Speaker of the Lok Sabha and Legislative Assemblies to deal with matters of disqualifications under the Tenth Schedule. The Tribunal will be headed by a retired Supreme Court judge or a retired Chief Justice of a High Court. The Court also suggested that some other outside independent mechanism can adjudicate on such matters. This will ensure that such disputes are decided both swiftly and impartially.

 ANTI-DEFECTION LAWS IN OTHER PARTS OF THE WORLD

EUROPE

• There are strict laws in all the countries of Europe that if a member changes party, then their membership of Parliament is terminated. It is believed that the person has violated the laws of the country.

IMMEDIATE RESIGNATION IN BANGLADESH 

• In Bangladesh, Kenya, South Africa and many other countries, no public representative can do defection. The law doesn’t even allow it. Article 70 of the Bangladesh Constitution states that if a public representative votes against his party in the House or changes the party, he must resign from membership.

SEAT HAS TO BE VACATED IN KENYA

• In Kenya, Section 40 of their Constitution states that if a member leaves his party, he must vacate his seat. Speaker will decide this and the member can appeal against it in the High Court.

IMPOSSIBLE TO CHANGE PARTY IN SINGAPORE

• According to Article 46 of the Constitution of Singapore, if a member leaves the party or is removed by the party, he must also vacate his seat. Parliament will decide the disqualification of any such member.

MEMBERSHIP OF THE HOUSE ENDS IN SOUTH AFRICA

• This is explained in Section 47 of the Constitution of South Africa. According to it, if a member leaves his party, then his membership will automatically end.

FLEXIBLE RULES IN UK AND CANADA

• In Britain and Canada, the rules are flexible, but there is generally no opportunistic defection to form or topple governments. There the defection is called crossing the line. In Britain and Canada, the ruling party and the opposition sit separately. There, if a member crosses his floor and sits on the other side, then it is considered as a change of party.

THE WAY FORWARD:

1. The role of the people in the parliamentary democracy is immense. People themselves shall be made aware and be educated about the issues with the defection and that their franchise shall not be misused by the elected representatives. It is seen that once the MPs/MLAs defect they again tend to win the by-elections which is again a gross disrespect to the representative democracy.
2. Political parties shall also have internal democracy to listen and act on different opinions emerging from within. This might restrict the defecting tendencies among the elected representatives and also help in the overall strengthening of the parliamentary democracy in the country.
3. The Supreme Court needs to maintain consistency in deciding matters over the role and responsibilities of the speaker and also adjudicate whether an actual merger of Political Parties is a condition necessary for the merger of Legislature Parties (or should the merger of Legislature Parties be deemed as a merger of Political Parties).
4. The Speaker/Chairperson should observe ethical conduct and give decisions within 3 months as advised by the Supreme Court.
5. Further, an independent tribunal can be created in the long run to decide cases under the Tenth schedule. This would effectively reduce the partisan role played by the Speaker.
6. The Law Commission in 1999 and the National Commission to Review the Working of the Constitution (NCRWC) in 2002 recommended deleting the clause related to the merger (Paragraph 4, Exception to Disqualification). Parliament should reconsider the debate and decide on the recommendations.
7. The Dinesh Goswami Committee Report recommended that disqualification of a member should only be attracted in the event a member violates a whip on matters related to a Motion of Vote of Confidence, a No-confidence Motion, Money Bill or a Motion of Vote of Thanks to the President’s address.
8. The law has failed to curb defections in recent years and lacks any deterrence effect on legislators. Further, re-election in by-polls shows the public’s acceptance of defecting legislators and also the scope of defection is very wide as it is applicable to every legislation (violation of whip). It is also applicable to members of the Rajya Sabha and Legislative Councils who don’t have a say in the stability of the government. The Anti-Defection Law shall be reformed/amended to address such questions.

THE CONCLUSION: Politicians always look for loopholes in the law. The wholesale defections that have taken place in the recent past are a result of their successful discovery of loopholes in the 10th Schedule. Therefore, this law needs to be tightened. The law on defection is indispensable in a country like India where MLAs need to be virtually imprisoned in resorts in faraway states lest they might be poached by the rival party. If our polity wants to get rid of open corruption, it needs to take urgent steps to plug existing loopholes that have made the Tenth Schedule unworkable. Let our politicians not be seen as collaborators in flouting the Constitution.

Mains Practice Questions:

1. Anti – defection Law allows wholesale defection, but not retail defection. Comment.
2. What do the recent developments in various state assemblies say about the efficacy of the Anti-Defection Law? Does the law need strengthening? Justify your view.

THE CONTEXT: With climate change, biodiversity loss and pollution exacting a devastating toll on the world’s ocean — critical to food security, economic growth and the environment; the 2022 UN Ocean Conference was held in Lisbon, Portugal from 27 June – 1st July 2022, with a call for a new chapter of ocean action driven by science, technology and innovation.This article presents the complete picture of the present situation and the way forward for healthier oceans.

ABOUT THE CONFERENCE:

• The UN (United Nations) Ocean Conference 2022 was held to ensure global cooperation toward the protection and sustenance of the Ocean ecosystem of the world.
• Co-Hosted by: Governments of Kenya and Portugal
• Aim: To propel much-needed science-based innovative solutions aimed at starting a new chapter of global ocean action.
• Theme: Scaling up Ocean Action Based on Science and Innovation for the Implementation of Goal 14: stocktaking, partnerships and solutions; in line with the UN Decade of Ocean Science for Sustainable Development, stresses the critical need for scientific knowledge and marine technology to build ocean resilience.

KEY AGENDA OF THE CONFERENCE

MORATORIUM ON DEEP-SEA MINING

• Push for a moratorium on deep-sea mining of rare metals needed for a boom electric vehicle battery construction.
• The digging and gauging of the ocean floor by machines can alter or destroy deep-sea habitats.

CARBON SEQUESTRATION

• Focus on carbon sequestration to boost the ocean’s capacity to soak up CO2, by either enhancing natural sinks such as mangroves or through geoengineering schemes.

BLUE DEAL

• A “Blue Deal” was promoted to enable the sustainable use of ocean resources for economic growth.
• It includes global trade, investment and innovation to create a sustainable and resilient ocean economy.
• Focus on blue food to ensure marine harvests from all sources are sustainable and socially responsible.

HIGH SEAS ARE UNREGULATED

• No comprehensive legal framework covers the high seas. Oceans cover some 70% of the earth’s surface and provide food and livelihoods for billions of people.
• Some activists refer to them as the largest unregulated area on the planet.

THREAT TO OCEAN

• Threats to the oceans include global warming, pollution (including plastic pollution), acidification, marine Heatwaves etc.

ABOUT LISBON DECLARATION

At the UN Ocean Conference 2022, all 198 members of the United Nations unanimously adopted the Lisbon Declaration on ocean conservation.

AIM

• To follow science-based and innovative actions on an urgent basis.
• It sends a strong signal to urgently improve the health, sustainable use and resilience of the ocean.

NEED

• It was recognised that developing countries, particularly small island developing states and least developed countries, need assistance with capacity building.

FOCUS AREAS

• Participants at the conference also agreed to work on preventing, reducing and controlling marine pollution. It includes:
  • Nutrient pollution
  • Untreated wastewater
  • Solid waste discharges
  • Hazardous substances
  • Emissions from the maritime sector, including shipping, shipwrecks
  • Anthropogenic underwater noise

SIGNIFICANCE

• Sustainable ocean-based economies: developing and promoting innovative financing solutions to help create sustainable ocean-based economies as well as expanding nature-based solutions to help conserve and preserve coastal communities.
• Restoring harmony with nature through a healthy, productive, sustainable and resilient ocean is critical for our planet, our lives and our future.

OCEANS AND SDG-14

• The ocean covers 70 per cent of the Earth’s surface, is the planet’s largest biosphere, and is home to up to 80 per cent of all life in the world. It generates 50 per cent of the oxygen we need, absorbs 25 per cent of all carbon dioxide emissions and captures 90 per cent of the additional heat generated from those emissions. It is not just ‘the lungs of the planet’ but also its largest carbon sink – a vital buffer against the impacts of climate change.
• It nurtures unimaginable biodiversity and produces food, jobs, and mineral and energy resources needed for life on the planet to survive and thrive. There is a great deal we still do not know about the ocean but there are many reasons why we need to manage it sustainably – as set out in the targets of Sustainable Development Goal 14: Life Below Water.
• The oceans are facing unprecedented threats as a result of human activities. Its health and ability to sustain life will only get worse as the world population grows and human activities increase. If we want to address some of the most defining issues of our time such as climate change, food insecurity, diseases and pandemics, diminishing biodiversity, economic inequality and even conflicts and strife, we must act now to protect the state of our ocean.
• SDGs adopted in 2015 as an integral aspect of the 2030 Agenda for Sustainable Development and its set of 17 transformative goals, Goal 14 stresses the need to conserve and sustainably use the world’s oceans, seas and marine resources. Advancement of Goal 14 is guided by specific targets that focus on an array of ocean issues, including reducing marine pollution, protecting marine and coastal ecosystems, minimizing acidification, ending illegal and over-fishing, increasing investment in scientific knowledge and marine technology, and respecting international law that calls for the safe and sustainable use of the ocean and its resources.

OTHER INITIATIVES TO ENSURE A SUSTAINABLE OCEAN ECOSYSTEM

DECADE OF OCEAN SCIENCE FOR SUSTAINABLE DEVELOPMENT

• The UN has proclaimed a Decade of Ocean Science for Sustainable Development (2021-2030) to support efforts to reverse the cycle of decline in ocean health and gather ocean stakeholders worldwide behind a common framework that will ensure ocean science can fully support countries in creating improved conditions for sustainable development of the Ocean.

ONE OCEAN SUMMIT

• The goal of the One Ocean Summit (Feb 2022) is to raise the collective level of ambition of the international community on marine issues.
• Commitments will be made toward combating illegal fishing, decarbonising shipping and reducing plastic pollution.
• Will also focus on efforts to improve governance of the high seas and coordinate international scientific research.

WORLD OCEANS DAY

• 8th June is World Oceans Day, the United Nations day for celebrating the role of the oceans in our everyday life and inspiring action to protect the ocean and sustainably use marine resources.

MARINE PROTECTED AREAS

• A Marine Protected Area (MPA) is a marine area that provides protection for all or part of the natural resources it contains.
• Within an MPA, certain activities are limited, or entirely prohibited, to meet specific conservation, habitat protection, ecosystem monitoring or fisheries management objectives.
• MPAs do not necessarily exclude fishing, research or other human activities; in fact, many MPAs are multi-purpose areas.

GLO LITTER PARTNERSHIPS PROJECT

• It is launched by the International Maritime Organization (IMO) and the Food and Agriculture Organization of the UNs (FAO) and initial funding from the Government of Norway. It is aimed to prevent and reduce marine plastic litter from shipping and fisheries.

INDIA- NORWAY OCEAN DIALOGUE

• In 2019, the Indian and Norwegian governments agreed to work more closely on oceans by signing an MoU and establishing the India-Norway Ocean Dialogue.

INDIA’S DEEP OCEAN MISSION

• It is a mission mode project to support the Blue Economy Initiatives of the Government of India.

INDIA’S INDO-PACIFIC OCEANS INITIATIVE (IPOI)

• It is an open, non-treaty-based initiative for countries to work together for cooperative and collaborative solutions to common challenges in the region.
• It draws on existing regional architecture and mechanisms to focus on seven pillars:
  • Maritime Security
  • Maritime Ecology
  • Maritime Resources
  • Capacity Building and Resource Sharing
  • Disaster Risk Reduction and Management
  • Science, Technology and Academic Cooperation
  • Trade Connectivity and Maritime Transport

SOLUTIONS NECESSARY TO OVERCOME CHALLENGES IN ACHIEVING GOAL 14

INTEGRATED OCEAN MANAGEMENT 

• Planning and decision-making, through improving our understanding of the impact of cumulative human activities on the ocean and anticipating the impacts of planned activities and eliminating or minimizing their negative effects, as well as the effectiveness of adopted measures.

IMPLEMENTING SCIENCE-BASED MANAGEMENT PLANS

• Use of an ecosystem approach to fisheries that protects essential habitats and promotes collaborative processes for decision-making that include all stakeholders, including small-scale and artisanal fisheries, recognizing their role in poverty eradication and ending food insecurity.
• To minimize waste, unwanted by-catch and discards, as well as combat illegal, unreported and unregulated fishing including through technological tools for monitoring.

SUSTAINABLE AQUACULTURE

• Mobilizing actions for sustainable fisheries and sustainable aquaculture for sufficient, safe and nutritious food, recognizing the central role of healthy oceans in resilient food systems and achieving the 2030 Agenda.

CONTROLLING MARINE POLLUTION

• Preventing, reducing and controlling marine pollution of all kinds, from:both land- and sea-based  sources, including nutrient pollution, untreated wastewater, solid waste discharges, hazardous substances,
• Emissions from the maritime sector: including shipping, pollution from shipwrecks and anthropogenic underwater noise, through improving our understanding of their sources, pathways and impacts on marine ecosystems.
• Preventing, reducing, and eliminating marine plastic litter, including single-use plastics and microplastics through:
• contributing to comprehensive life-cycle approaches,
• encouraging resource efficiency,
• recycling as well as environmentally sound waste management,
• ensuring sustainable consumption and production patterns,
• developing viable alternatives for consumer and industrial uses.

AREA-BASED MANAGEMENT TOOLS

• Effectively planning and implementing area-based management tools, including effectively and equitably managed, ecologically representative and well-connected Marine Protected Areas, and
• Other effective area-based conservation measures, integrated coastal zone management and marine spatial planning.
• by assessing their multiple ecological, socio-economic and cultural value and applying the precautionary and ecosystem-based approach, in accordance with national legislation and international law.

MEASURES TO MITIGATE AND ADAPT TO CLIMATE CHANGE

• Developing and implementing measures to mitigate and adapt to climate change, and avert, minimize and address loss and damage, reducing disaster risk and enhancing resilience by
  • increasing the use of renewable energy technologies, especially ocean-based technologies,
  • reducing the risk of and preparing for ocean-related extreme weather events,
  • development of multi-hazard early warning systems
  • integrating ecosystem-based approaches for disaster risk reduction at all levels and across all phases of disaster risk reduction and management,
• reducing emissions from maritime transportation, including shipping, and
• implementing nature-based solutions for carbon sequestration and the prevention of coastal erosion

THE ANALYSIS:

• The outcomes of the Ocean Conference 2022 call for a well-deserved applause. Nevertheless, it is important that we build on this extraordinary momentum, to accelerate post-Lisbon-progress towards a healthy, productive and resilient ocean with thriving marine and coastal species, ecosystems and communities and, moreover, the next generation of blue leaders and entrepreneurs.
• Now is the time to be bold, visionary and pragmatic, so that by 2030 we can collectively achieve at least 30% protection and 100% sustainable management of our ocean for the benefit of humankind and our world.
• The IPCC Sixth Assessment Report cautions that we have a “brief and rapidly closing window of opportunity to secure a liveable and sustainable future for all”. Now that the global ocean community has come together in Lisbon, it is even more critical to follow through to ensure that key conventions and processes adopt decisive actions for the Ocean.

THE WAY FORWARD:

• No comprehensive legal framework covers the high seas. Oceans cover some 70% of the earth’s surface and provide food and livelihoods for billions of people. Some activists refer to them as the largest unregulated area on the planet. There shall be a comprehensive legal framework which covers the high seas.
• The conference also adopted a declaration that, though not binding on its signatories, could help implement and facilitate the protection and conservation of oceans and their resources. This calls for moral and ethical commitments by the nations and they shall adhere to them.
• Allocating funds to research on ocean acidification, climate resilience and surveillance.
• Scaling up Science-based and innovative actions to address ocean emergencies.

THE CONCLUSION: Without healthy ocean life, our planet as we know would not exist. We must seek to right the wrongs we have done against our children and grandchildren, turn the tide on our irresponsible stewardship and build momentum for a future where humanity can once again live in harmony with nature. The UN Ocean Conference 2022 is a step in the right direction and we shall build over it and act proactively for the sake of our HOME.

Mains Practice Questions:

1. The ocean is fundamental to life onº our planet and to our future. Elaborate on the commitments made by the nations at the UN Ocean Conference 2022.
2. Science-based innovative actions, international cooperation and partnerships based on science, technology and innovation are much needed to protect our oceans and achieve the targets set under Goal 14 of the SDGs. Elaborate.

THE CONTEXT: Recently, in an article published in the journal, Earth’s Future, researchers from several universities found that the soot emissions from rocket launches are far more effective at warming the atmosphere compared to other sources.

In this article, we analyse the scope of Space tourism, its impact on climate and the ozone layer, and where India stands along with private players.

WHAT IS SPACE TOURISM

• Space tourism is the concept of tourists flying into space primarily for sheer enjoyment. In other words, space tourism can be defined as: “A vision of having an affordable space transportation system for as many people as possible going to space as space tourists”. A “space tourist” is a person who travels to and experiences space for adventure and recreation.

THE SPACE TOURISM INDUSTRY: PRESENT SCENARIO

• In the 20th century, the Soviet Union and the United States were engaged in an intense competition to attain complete domination of spaceflight technologies. Today, it is private companies that are taking part in their very own commercial space race, initiated with Jeff Bezos and Richard Branson’s journeys to space in July 2021.
• It is another niche segment of the aviation industry that seeks to give tourists the ability to become astronauts and experience space travel for recreational, leisure, or business purposes. The aim is to make space more accessible to those people who are not astronauts and want to travel to space for non-scientific reasons.
• Less than a year after Bezos and Branson’s escapades, The New York Times reports that global space tourism has been thriving, with various companies offering bookings for zero-pressure balloon trips for short flights, astronaut boot camps and simulated zero-gravity flights.
• Entrepreneurs are hungry to seize unrealized profits, and a new space race, sometimes referred to as the “Private Space Race”, because it takes place primarily amongst private sector organizations and initiatives, has commenced. More highly publicized efforts to bravely pursue the space tourism industry include undertakings by well-known entrepreneurs such as Virgin Atlantic, Jeff Bezos-Blue Origin (CEO, Amazon), and Elon Musk (Space X).

WHAT IS THE NEW STUDY?

• Researchers from University College London (UCL), the University of Cambridge and the Massachusetts Institute of Technology (MIT) in their new study claim that the burgeoning space tourism industry can have a far bigger cost on the environment.
• From $350 million in 2019, the industry is forecasted to grow to more than $1 trillion by 2040. With companies like Virgin Galactic, SpaceX and Blue Origin launching commercial space flights, space tourism has become, at least theoretically, a possibility for enthusiasts. Tickets remain tremendously expensive, however, with tickets for Richard Branson’s Virgin Galactic beginning from a whopping $450,000. These were then incorporated into a 3D model to examine the possible impact on the climate and the protective stratospheric ozone layer.
• They calculated their findings by compiling an inventory of the chemicals from all the 109 rocket launches and re-entries into the Earth’s atmosphere in 2019.
• The number of rocket flights today is rather small when compared to the sheer size of the aircraft industry.
• While in 2020, there were only 114 orbital launches in the world, more than 100,000 flights travel each day, as reported by The Guardian.

WHAT CONSTITUTES THE ROCKET FUEL?

• There are actually two kinds of fuel used in rockets. The fuel can be divided into liquid fuel and solid fuel.
• With solid fuel, there must be both fuel and an oxidizer to make a solid-fuel rocket go. An oxidizer is a chemical that is needed to make the fuel burn. Since space has no atmosphere, rockets have to carry both their own fuel and their own oxidizers. The most common fuel in solid fuel rockets is aluminium.In order to make the aluminium burn, these solid-fuel rockets use ammonium perchlorate as the oxidizer, or to make the aluminium burn. In order to work together, the aluminium and the ammonium perchlorate are held together by another compound called a binder. When mixed all together, the fuel has a slightly rubbery consistency. This rubbery substance is then packaged into a casing. As the fuel burns, the heat and energy cause the inside of the rocket to heat up. Water vapours and gasses then shoot out of the rocket, causing the rocket to be thrust, or pushed, upwards into the sky.
• The main engines are more likely to be propelled by liquid fuel. Liquid fuel engines are composed of liquid oxygen and liquid hydrogen. The liquid hydrogen is the fuel and the liquid oxygen is the oxidizer. These, the oxidizer helps the fuel burn. The hydrogen needs to be in liquid form, not gas form, in order to have a smaller tank on the rocket. Gasses are lightweight, so it would take a larger tank to hold hydrogen gas than it would be to hold liquid hydrogen. The liquid hydrogen and oxygen are released into an engine where they begin to combine to make water. Just like solid fuel, water vapour creates energy and steam. The steam is released to make the rocket go upwards.
• To get a rocket from the ground into space, rockets need both solid fuel and liquid fuel.

 THE GREEN FACTOR:

• Unlike other sources of pollution, the study finds that environmental damage caused by rockets is far greater, as they emit gaseous and solid chemicals directly into the upper atmosphere.
• Space tourism’s current growth trends also indicate a potential for the depletion of the ozone layer above the Arctic. This is because the pollutants from rocket fuel and heating caused by spacecraft returning to Earth, along with the debris caused by the flights are especially harmful to the ozone layer.
• What is of great concern is the black carbon(BC) soot that is emitted by rockets directly into the atmosphere. These soot particles have a far larger impact on the climate than all other sources of soot combined, as BC particles are almost 500 times more efficient at retaining heat.
• The low figure of rocket launches, compared to the large-scale air pollutant emissions caused by the massive aircraft industry, is at times invoked to downplay the environmental damage caused by rockets.
• “Soot particles from rocket launches have a much larger climate effect than aircraft and other Earth-bound sources, so there doesn’t need to be as many rocket launches as international flights to have a similar impact. What we really need now is a discussion amongst experts on the best strategy for regulating this rapidly growing industry”.
• The team of researchers showed that within only 3 years of additional space tourism launches, the rate of warming due to the released soot would more than double.
• This is because of the use of kerosene by SpaceX launches and hybrid synthetic rubber fuels by Virgin Galactic.

Undermining Montreal Protocol

• While the loss of ozone from current rocket launches is “small”, the researchers argue that in the likelihood of weekly or daily space tourism rocket launches, the recovery of the ozone layer caused by the Montreal Protocol could be undermined.
• “The only part of the atmosphere showing strong ozone recovery post-Montreal Protocol is the upper stratosphere, and that is exactly where the impact of rocket emissions will hit hardest. We weren’t expecting to see ozone changes of this magnitude, threatening the progress of ozone recovery”.

THE PRELIMS PERSPECTIVE:

What is the Montreal Protocol?

• It is officially known as the Protocol on Substances that Deplete the Ozone Layer treaty.
• It was signed on Sept. 16, 1987, in Montreal by 25 nations; 197 nations are now parties to the accord.
• It sets a limit on the production of chlorofluorocarbons (CFCs), halons, and other related substances that release chlorine or bromine to the ozone layer of the atmosphere.
• The ozone-depleting potential, or ODP, of any substance, is measured concerning an equal mass of CCl3F, or CFC-11, which is assigned a value of 1.0. Most other CFCs have ODPs that range from about 0.5 to about 1.3.
• It is essential to know that hydrochlorofluorocarbons, which are being used as transitional replacements for CFCs in refrigeration, have ODPs that are generally less than 0.5. Also, hydrofluorocarbons, which are also replacing CFCs as refrigerants, have ODPs of zero. The concern is that they are greenhouse gases.
• India, a Party to the Montreal Protocol since June 1992, has been successfully implementing the Montreal Protocol

 ADVANTAGES OF SPACE TOURISM

• Boost the economy: Space tourism will increase commercial activity in the time of the poor state of the world economy.
• Generate Employment: Space tourism will give employment to thousands of people. Manufacturing new and better spacecraft will give employment to many skilled people.
• Draw Investors: It will renew interest in space exploration. This will draw more investors for more financial backing to support more innovations in the industry.
• Technological advancement: With more competition from private sector participation and technological advancement, there is a possibility in future that identify any potential hazards or threats that pose dangerous to our planet.
• New resources exploration: It also, helps to find new minerals and other precious materials in space and other planets.

DISADVANTAGES OF SPACE TOURISM

• Exposure to Sun’s Radiation: Space travel technology at the nascent stage can make entering space a dangerous venture. Space travellers are likely to get exposed to harmful radiation from the sun.
• Health: Spending long hours in zero gravity conditions can be dangerous for the person’s cardiovascular and musculoskeletal system. If people accidentally get exposed to high-energy ionizing cosmic rays, it may lead to cancer.
• Exposure to harmful organisms: We may unwittingly introduce some harmful microorganisms from space into the atmosphere of Earth.
• Poor Regulation: Lack of proper regulation and inadequate safety protocols can make space travel extremely dangerous.
• Commercialization: Companies engaged in this form of travel may fail to stick to safety measures in a spree to gather more customers.
• Waste of Resources: Experimentation and unsuccessful ventures may cause an unnecessary waste of resources.

Developing space programs and spacecraft need a lot of money. That money can be utilized for the alleviation of poverty.

• Inequity: Space tourism is meant for the super-rich only. For example, a single 2 ½ hour flight ticket in Virgin Galactic’s upcoming spaceship costs $ 250,000.
• Not environment friendly: Several natural resources are wasted in flying the fuel-guzzling rockets. It pollutes the atmosphere as well. Thus, the space program is harmful to our environment.
• Not a panacea: It is great to imagine people walking on the surface of Mars. It would not be wise to consider that escape to space will help in escaping the problems of earth. There is nowhere in the solar system where we can find the environment as congenial as that available on earth.

 WHERE INDIA STANDS AT SPACE TOURISM?

• ISRO is centrally funded, and its annual budget is between Rs 14-15,000 crore and most of this is used in building rockets and satellites, these drops in the ocean. The size of the space economy in India is small.
• To increase the scale of the sector, it is imperative for private players to enter the market. There have always been private players in the sector, but this has been entirely in the manufacture of parts and sub-systems.
• This can in turn really boost defence systems and manufacturing. ISRO began the process and BHEL will form a consortium of various companies to manufacture a Polar Satellite Launch Vehicle (PSLV rocket) and ISRO will fund the first vehicle, which will be for training purposes.

 THE WAY FORWARD:

At this point in time, it is still too early to paint a comprehensive picture of the state of space tourism in India. In practice, any effort to put together a business plan for the conduct of space tourism in India will be faced with a variety of roadblocks

• Strong legislation for Space Tourism: For the purpose of initiating of space tourism in India, a law is required. The law would deal with several subjects’ viz. compulsory registration of spacecraft, nationality, marking, the fitness of spacecraft, airworthiness/space worthiness, medical standards, licensing of space crew and safety precaution for launching etc.
• Availability of Appropriate Space Vehicles: By definition, a vehicle that can be used in the conduct of space tourism is one that can safely transport passengers to an altitude higher than 100 km above the surface of the Earth. This is believed to be the altitude at which space begins, meaning that the passengers can experience weightlessness. Currently, the global space tourism industry is at the preliminary stage of developing different kinds of vehicles capable of transporting human passengers into sub-orbit.
• Estimating the Cost of Suborbital Flights and Financial Planning: The design, development, testing, evaluation and production of five spaceships and two mother ships is estimated to cost around USD 350 million (Coppinger Rob, 2009) Virgin Galactic has signed a production agreement with Mojave Aerospace Ventures to use the Mojave spaceport for twenty years at a total cost of USD 27.5 million (Space Future Consulting, 2008).

THE CONCLUSION: It has been seen that there is a presence of demand for space tourism all over the world. Once space tourism does become mainstream, it will also positively impact many socioeconomic factors on Earth: creating jobs, educating citizens about space and fostering a new solar-based energy infrastructure. The sweet escape to the stars can eventually awaken us to the awe-inspiring potential of space exploration while also giving us a better appreciation of home. As for as India is concerned, the need of the hour in connection to space tourism is to enact appropriate national space laws and regulations which encourage and assist this new industry. Particularly, to attract private investments into the sector, the government should provide tax benefits and subsidies for research and development at least during the initial stages.  The growth of space tourism would enable to generate employment and also enhance India‟s global credibility as a high-tech, fast-developing nation in the long run.

QUESTIONS TO PONDER

1. What do you mean by Space tourism?Is growing space tourism posing a risk to the climate?

1. Discuss the Environmental challenges involved in the rocket launches and space debris.

THE CONTEXT: Ever since the first vaccine was developed in 1796 to treat smallpox, several different methods have been created to develop successful vaccines. Today, those methods, known as vaccine technologies, are more advanced and use the latest technology to help protect the world from preventable diseases. Depending on the pathogen (a bacteria or virus) that is being targeted, different vaccine technologies are used to generate an effective vaccine. Just like there are multiple ways to develop a vaccine, they can also take on multiple forms—from needle injections and nasal sprays to oral doses, a more recent innovation. In total, there are six different vaccine technology platforms, each with its own benefits, and examples.

VACCINE

A vaccine is a biological preparation that improves immunity to a particular disease. A vaccine typically contains an agent that resembles a disease-causing microorganism and is often made from weakened or killed forms of the microbe, its toxins or one of its surface proteins. Vaccines are like a training course for the immune system. They prepare the body to fight disease without exposing it to disease symptoms.

How a vaccine works – a general overview:

• When viruses or bacteria (germs) invade our body, they attack and multiply. This invasion is called an infection, and the infection is what causes illness.
• The first time the body encounters a germ, it can take several days for the immune system to make and use all the tools it needs to fight the infection.
• After the infection has been eradicated, the immune system keeps a few “memory cells” that remember what it learned about how to protect against that disease.
• If the body encounters the same virus or bacteria again, it will produce antibodies to attack the germ more quickly and efficiently.

TYPES OF VACCINES

LIVE-ATTENUATED VACCINES 

• Live-attenuated vaccines contain live pathogens from either bacteria or a virus that have been “attenuated,” or weakened. Live-attenuated vaccines are produced by selecting strains of a bacteria or virus that still produce a robust enough immune response but that does not cause disease.
• Attenuated viruses were one of the earliest methods of eliciting protective immune responses.
• “Vaccinia, the first-ever vaccine which protects against smallpox, is actually where we get the term ‘vaccination’ from.”
• Benefits: Because these types of vaccines contain a live pathogen, the immune system reacts very well to them and it will typically remember the pathogen for a very long time. Additional doses, or booster shots, are not always needed.
• Examples: Measles, mumps, and rubella (MMR) vaccine, varicella (chickenpox) vaccine.

INACTIVATED VACCINES

• Inactivated vaccines take a live pathogen and inactivate or kill it. When the vaccine is then introduced to a human through a shot, for example, the inactivated pathogen is strong enough to create an immune response, however, is incapable of causing disease. Multiple doses are often needed in order to build up immunity and offer full protection.
• Benefits: Inactivated vaccines can be mass-produced and are relatively inexpensive to make.
• Examples: Polio vaccine, influenza vaccine

SUBUNIT VACCINES 

• Subunit vaccines are made from a piece of a pathogen, not the whole organism, so they do not contain any live pathogens. Some important subunit vaccines are polysaccharide vaccines, conjugate vaccines, and protein-based vaccines.
• Polysaccharide vaccines target an immune response to pathogenic bacteria that are encased in a layer of sugar. This means they help you make protective responses against the surface of the bacteria, allowing your body to kill the bacteria. These do not work and therefore are not used for children under the age of 2 years.
• Conjugate vaccines are the same in that they have a polysaccharide component, but that sugar is stuck to a protein so your immune system will respond to the sugar on the bacteria better. They also help your body remember the bacteria better, so if you get infected in the future, the immune response will be better. Importantly, these vaccines do work in children under 2 years of age.
• Protein-based vaccines allow you to make a protective response against a protein on the surface of a virus, against a protein on the surface of a bacteria, or against a secreted toxin. In this case, the immune response is against the protein components of the bacteria or virus, not the sugar coat. Certain proteins on the surface of bacteria or viruses help the pathogen cause disease, so inducing an immune response against them can help the body fight against the infection or the effects of the toxin.
• Subunit vaccines can be made one of two ways –  from the original pathogen or recombinantly. Recombinant vaccines use another organism to make the vaccine antigen.
• Benefits: Subunit vaccines only contain pieces of a pathogen, not the whole organism, so they cannot make you sick or cause infection. This makes them suitable for people who should not receive “live” vaccines, such as young children, older people, and immunocompromised people.
• Examples: Haemophilus influenzae type B (Hib) vaccine (conjugate), pneumococcal vaccine (polysaccharide or conjugate), shingles vaccine (recombinant protein), hepatitis B (recombinant protein), acellular pertussis, MenACWY (conjugate).

TOXOID VACCINES

• Toxoid vaccines use inactivated toxins to target the toxic activity created by the bacteria, rather than targeting the bacteria itself. The goal of toxoid vaccines is to give people a way to neutralize those toxins with antibodies through vaccination.
• Benefits: Toxoid vaccines are especially good at preventing certain toxin-mediated diseases such as tetanus, diphtheria, and pertussis. Booster shots are typically recommended every 10 years or so.
• Examples: Tetanus vaccine, diphtheria vaccine

VIRAL VECTOR VACCINES

• Viral vector vaccines use a harmless virus to deliver to the host cells the genetic code of the antigen you want the immune system to fight. They are basically a gene delivery system. In doing so, information about the antigen is delivered, which triggers the body’s immune response.
• Benefits: Viral vector vaccines usually trigger a strong immune response. Typically, only one dose of the shot is needed to develop immunity. Boosters may be needed to maintain immunity.
• Examples: Ebola vaccine, COVID-19 vaccine (AstraZeneca and Johnson & Johnson)

MESSENGER RNA (MRNA) VACCINES 

• One of the newest and most exciting areas in vaccine technology is the use of mRNA vaccines. Unlike conventional vaccines—which can take many months or even years to cultivate—mRNA vaccines can be developed quickly using the pathogen’s genetic code. mRNA is likely to be at least one of the waves of the future for vaccines.
• When an mRNA vaccine is delivered, the RNA material teaches our body how to make a specific type of protein that is unique to the virus but does not make the person sick. The protein triggers an immune response, which includes the generation of antibodies that recognize the protein. That way, if a person is ever exposed to that virus in the future, the body would have the tools (antibodies) to fight against it.
• Benefits: It is a very powerful technique to be able to create a lot of a vaccine fast. The benefit is that the technology is very adaptable. We can potentially go in and change the mRNA in the formulation to target a new antigen and can make a lot of high-quality vaccine material relatively quickly.
• Examples: Pfizer-BioNTech COVID-19 vaccine

mRNA VACCINE AND CONVENTIONAL VACCINE

CONVENTIONAL VACCINE

PRODUCTION TIME

• Most vaccines against viral diseases are made from viruses grown in chicken eggs or mammalian cells.
• The process of collecting the viruses, adapting them to grow in the lab, and shipping them around the world can take months and is complex.
• For newly emerging viruses like SARS-CoV-2, for which a new vaccine is needed as quickly as possible, these steps may slow down development.

BIOSAFETY

• Growing large quantities of viruses to make each batch of vaccines creates potential hazards.

IMMUNE RESPONSE 

• The antigen (a piece of the virus) is injected into the body. Upon recognizing the antigen, the immune system produces specific antibodies in preparation for the next time the body encounters the pathogen.

FLEXIBILITY

• Each new vaccine requires a bespoke production process, including complex purification and testing.

Transport and storage temperature

• Various vaccines have different temperature requirements, and generally can be stored in common refrigerators.

mRNA VACCINE

PRODUCTION TIME

• The RNA (which encodes an antigen of the infectious agent) is made from a DNA template in the lab.
• The DNA can be synthesized from an electronic sequence that can be sent across the world in an instant by computer. Currently, it takes about a week to generate an experimental batch of an RNA vaccine.

BIOSAFETY

• No virus is needed to make a batch of an RNA vaccine.
• Only small quantities of viruses are used for gene sequencing and vaccine testing.

IMMUNE RESPONSE 

• The RNA is injected into the body and enters cells, where it provides instructions to produce antigens. The cell then presents the antigens to the immune system, prompting T-cell and antibody responses that can fight the disease.

FLEXIBILITY

• It is anticipated that the production process for RNA vaccines may be scaled and standardized; potentially enabling the replacement of the sequence encoding the target protein of interest for a new vaccine, with minimal changes to the vaccine production process.

Transport and storage temperature

• Requires sub-zero temperature which makes them hard to transport and make available at all places. Generally -20 to -70 degree celsius.

ADMINISTRATION OF VACCINES

ORAL VACCINE (PO)

The oral vaccine is administered through drops to the mouth. Rotavirus vaccine (RV1 [Rotarix], RV5 [RotaTeq]) is the only routinely recommended vaccine administered orally only. Rotavirus vaccine should never be injected. Though Polio vaccine is given in two ways: an inactivated poliovirus given by injection and a weakened poliovirus given by mouth.

INTRANASAL ROUTE (NAS) 

The intranasal vaccine is administered into each nostril using a manufacturer-filled nasal sprayer. Live, attenuated influenza (LAIV [FluMist]) vaccine is administered by the intranasal route.

SUBCUTANEOUS ROUTE (SUB CUT)

Subcutaneous injections are administered into the fatty tissue found below the dermis and above muscle tissue.

INTRAMUSCULAR ROUTE (IM)

Intramuscular injections are administered into the muscle through the skin and subcutaneous tissue. The recommended site is based on age.  Use the correct needle length and gauge based on the age, weight, and gender of the recipient.

Previous Year Questions:

Q1.UPSC CES PRE – 2022

In the context of vaccines manufactured to prevent the COVID-19 pandemic, consider the following statements:

1. The Serum Institute of India produced a COVID-19 vaccine named Covishield using an mRNA platform.
2. Sputnik V vaccine is manufactured using vector-based platform.
3. COVAXIN is an inactivated pathogen-based vaccine.

Which of the statements given above are correct?

a) 1 and 2 only

b) 2 and 3 only

c) 1 and 3 only

d) 1, 2 and 3

Q2.UPSC CDS 1 – APRIL 2022

Consider the following pair of vaccines and category/type:

1. Covaxin – Inactivated pathogen based vaccine.
2. Covishield – mRNA vaccine.
3. Sputnik V – Viral vector based vaccine.

Which of the pairs given above is/are correct?

a) 1 only

b) 2 and 3 only

c) 1 and 3 only

d) 1, 2 and 3

 Mains Practice Question:

1. Explain the various technologies used for making vaccines.
2. Write a note mRNA vaccine and how it scores over the conventional vaccines.
   

   COVID VACCINES APPROVED FOR USE IN INDIA

   	VACCINE	COMPANY	TYPE	ADMINISTRATION TYPE
   1.	Corbevax	Biological E Ltd	Protein Subunit	INTRAMUSCULAR ROUTE (IM)
   2.	COVOVAX	Serum Institute of India	Protein Subunit	INTRAMUSCULAR ROUTE (IM)
   3.	ZyCov-D	Zydus Cadila	DNA	WORLD’S FIRST NEEDLE-FREE PLASMID DNA VACCINE.
   4.	GEMCOVAC	Gennova Biopharmaceuticals Limited	RNA	INTRAMUSCULAR ROUTE (IM)
   5.	Spikevax	Moderna	RNA	INTRAMUSCULAR ROUTE (IM)
   6.	Sputnik Light	Gamaleya	Non Replicating Viral Vector	INTRAMUSCULAR ROUTE (IM)
   7.	Sputnik V	Gamaleya	Non Replicating Viral Vector	INTRAMUSCULAR ROUTE (IM)
   8.	Ad26.COV2.S	Johnson & Johnson	Non Replicating Viral Vector	INTRAMUSCULAR ROUTE (IM)
   9.	Vaxzevria	Oxford/AstraZeneca	Non Replicating Viral Vector	INTRAMUSCULAR ROUTE (IM)
   10.	Covishield (Oxford/ AstraZeneca formulation)	Serum Institute of India	Non Replicating Viral Vector	INTRAMUSCULAR ROUTE (IM)
   11.	Covaxin	Bharat Biotech	Inactivated	INTRAMUSCULAR ROUTE (IM)

THE CONTEXT: The WTO’s 12th Ministerial Conference was held in Geneva from 12-17 June 2022. After days of protracted negotiations, the WTO agreed to a series of deals. This article analyses the outcomes of the ministerial conference in detail.

KEY TAKEAWAYS FROM THE MEETING

WTO REFORMS

•  Members reaffirmed the WTO’s founding principles and committed to an inclusive and open process to reform all of the organization’s operations, from deliberation to negotiation to monitoring.
• Notably, they pledged to make efforts to ensure that by 2024, all members would have access to a well-functioning dispute resolution system.

GLOBAL FOOD SECURITY

• Members decided that any export restrictions should not apply to food purchased for humanitarian purposes by the UN’s World Food Programme (WFP).
• WTO released a statement on the value of trade in ensuring global food security and pledging to refrain from food export bans due to global food shortages and rising prices brought on by the conflict between Ukraine and Russia.
• Also, to ensure domestic food security needs, countries would be permitted to impose restrictions on food supplies.

E-COMMERCE TRANSACTIONS

• In 1998, when the internet was still fairly new, WTO members initially agreed to refrain from levying customs duties on electronic transmissions. Since then, the moratorium has been repeatedly extended.
• However, all participants agreed to extend the long-standing ban on customs duties for transmissions of e-commerce until the following Ministerial Conference or until March 31, 2024, whichever comes first.

COVID-19 VACCINE PRODUCTION

• In order to facilitate easier domestic production of Covid-19 vaccines, WTO members agreed to temporarily waive intellectual property patents on those products without the consent of the patent holder for a period of five years.

CURTAILING HARMFUL FISHING SUBSIDIES

• To better protect global fish stocks, the WTO approved a multilateral agreement that would stop “harmful” subsidies on illegal, unreported, and unregulated fishing for the next four years.
•  Member states have been negotiating the prohibition of subsidies that encourage overfishing since 2001.
• The current agreement, which establishes new trading rules, is the second multilateral agreement in WTO’s history.

ANALYZING THE INDIAN POSITION

FISH SUBSIDY

• It was able to ensure that developing economies receive exemptions from fishing subsidies within their exclusive economic zone.
• Within their exclusive economic zones of the sea, developing nations like India are given a two-year exemption.
• Additionally, it limits fishing in overfished stocks while providing poorer nations with a two-year reprieve.
• India’s proposal for a 25 year transition period for developing economies was not agreed upon. But it was able to ensure that subsidies were retained for small scale artisanal fishing.

IPR WAIVER

• The current deal is a scaled-back version of the initial proposal made by South Africa and India in 2020. They had sought more extensive waivers of intellectual property for vaccines, treatments, and tests.
• The waiver is limited to vaccines in the final agreement.
• For developing nations like India, the exclusion of therapeutics and diagnostics has been a huge letdown.

ISSUE OF AGRICULTURE

• Little progress was also made on important agricultural issues that India and other developing nations have fiercely debated.
• It has been seeking to allow government-to-government sales of food grains kept in public stockholding programmes such as for the public distribution system.
• On the grounds that the sale of grains with subsidies could skew global food prices, the proposal was rejected.

PUBLIC STOCK HOLDING ISSUE

• The requirement for a long-term solution on public stockholding for food security is another ongoing issue where a decision has been repeatedly put off over the years.
• A permanent solution has been pushed back until the next ministerial conference, which will put it off for another two years.

ELECTRONIC TRANSACTIONS

• India has requested that the World Trade Organization (WTO) reconsider the extension of the moratorium on customs duties on Electronic Transactions (ET), which include digitally traded services.
• Broadly, ETs consist of online deliveries such as music, e-books, films, software and video games. They differ from other cross-border e-commerce since they are ordered online but not delivered physically. 
• India argued that developing countries faced the brunt of the financial consequences of such a moratorium.
• India said that from 2017-2020, developing countries lost a potential tariff revenue of around $50 billion on imports from only 49 digital products.
• However, finally, all members decided to extend the moratorium on customs duties.

THE GENEVA PACKAGE

WTO wrapped up the Ministerial Conference’s twelfth outing (MC12), securing agreements on relaxing patent regulations to achieve global vaccine equity, ensuring food security, according to subsidies to the fisheries sector and continuing moratoriums relevant to e-commerce, among others. Together they constitute the “Geneva Package.”

 A CRITICAL COMMENT ON THE WTO MINISTERIAL OUTCOME

The WTO Ministerial Meeting was held after a gap of 2 years due to the Covid- 19 pandemic. Being consensus-based international organisation decision-making on the key issue has been very difficult in WTO. But it is the consensus-based decision-making that keeps apart the WTO from the IMF, World Bank or other international institutions. It was to the credit of the members that they could reach an agreement on the fisheries subsidy. Due to the opposition of the European Union and other rich countries, other important areas like drugs, diagnostics etc. were excluded from IPR Waiver. Also, the issues of agriculture especially the public stock holding program has been pushed further to be discussed in the next conference. Environmentalists also criticized the text of the fishing subsidy agreement calling it highly watered down and not meeting the demand for sustainable fisheries.

As far as  India is concerned the outcome of the conference has many positives while having some negative aspects. For instance, there has been no outcome on the public stockholding program and India’s proposal for exclusion of government to government purchase as also been rejected. On the positive side, India was able to balance its international commitments with respect to the World Food Programme and the domestic need for food security and the protection of the livelihood opportunity of small-scale fishermen.

THE WAY FORWARD:

• The WTO needs to focus on resolving the existing issues, especially in the context of the Doha Development Agenda before pushing new issues into the discussion table.
• Although the member countries agreed on the need for reforms in WTO, the content and nature of reforms have not been spelt out. It is necessary to develop a broad-based agenda on reforms and then carry out extensive deliberations to avoid a piecemeal approach.
• The G 33 needs to work in a coordinated manner and position itself as a pressure group to safeguard and promote the developing country’s interests in a transparent manner.
• The Dispute Resolution Body of WTO is the backbone of the rule-based world order which was kept dysfunctional thanks to the USA and others. WTO members need to take steps to make this body functional again.
• The IPR waiver related to Covid-19 drugs and treatment needs to fast-tracked as it is agreed by members that the issue will be reviewed after six months. A comprehensive waiver is necessary for developing the south from a public health perspective.
• India needs to actively strive to safeguard its core interests while balancing its credentials of a responsible rule-abiding nation.

 THE CONCLUSION: On the whole, when multilateralism is on the downslope WTO outcomes from the 12th ministerial conference opens up new possibilities and opportunities for rule-based world trade order. India has been partially successful in areas such as fisheries subsidies and vaccine patent waivers, but not so much in others such as food subsidies and e-commerce taxation. It is clear that at future ministerial meetings, India must stand firm on issues that are critical to the country’s long-term interests, particularly farmer livelihood issues.

Questions:

1. Critically analyze the outcomes of the WTO 12^th Ministerial Conference 2022.
2. The outcomes of the 12^th WTO Ministerial Conference have been a mixed bag for India. Comment
3. “The Geneva Package scores more in form, less in substance”. Examine

ADDITIONAL INFORMATION

CLARIFYING CONCEPTS: THE WTO TERMINOLOGIES

WTO AND THE MINISTERIAL CONFERENCE

• The only international body that deals with international trade regulations is the World Trade Organization. The 164 members of the WTO, which was established in 1995, govern it, and in accordance with its rules, all decisions are made by consensus and any member has veto power.
• Its objective is to advance free trade, which is accomplished through trade pacts that the member states negotiate and ratify. The WTO offers a forum for nations to discuss trade regulations and resolve business disagreements.
• The Ministerial Conference is the WTO’s top decision-making body and usually meets every two years.
• All members of the WTO are involved in the MC and they can take decisions on all matters covered under any multilateral trade agreements.

WHAT IS AoA?

• To reform the agriculture trade and to improve the predictability and security of importing and exporting countries, the World Trade Organization came up with the agriculture agreement. It was negotiated during the Uruguay Round of the General Agreement on Tariffs and Trade and entered into force with the establishment of the WTO on January 1, 1995. The three provisions/pillars that the agriculture agreement focuses on are –
• Market access — the use of trade restrictions, such as tariffs on imports
• Domestic support — the use of subsidies and other support programmes that directly stimulate production and distort trade
• Export competition — the use of export subsidies and other government support programmes that subsidize exports.

DOMESTIC SUPPORT

• There are basically two categories of domestic support — support with no, or minimal, distortive effect on trade on the one hand (often referred to as “Green Box” measures) and trade-distorting support on the other hand (often referred to as “Amber Box” measures).
• For example, government-provided agricultural research or training is considered to be of the former type, while government buying-in at a guaranteed price (“market price support”) falls into the latter category.
• Under the Agreement on Agriculture, all domestic support in favour of agricultural producers is subject to rules. The Green Box also provides for the use of direct payments to producers which are not linked to production decisions, i.e. although the farmer receives a payment from the government, this payment does not influence the type or volume of agricultural production (“decoupling”).
• The “Blue Box” exemption category covers any support measure that would normally be in the “Amber Box”, but which is placed in the “Blue Box” if the support also requires farmers to limit their production.
• All domestic support measures which do not correspond to the exceptional arrangements known as the “Green” and “Blue” boxes, are considered to distort production and trade and therefore fall into the “Amber Box” category.

DE MINIMIS LEVEL

• Minimal amounts of domestic support are allowed even though they distort trade — up to 5% of the value of production for developed countries, 10% for developing.
• All domestic support measures in favour of agricultural producers that do not fit into any of the above exempt categories are subject to reduction commitments. This domestic support category captures policies, such as market price support measures, direct production subsidies or input subsidies.
•  However, under the de minimis provisions of the agreement, there is no requirement to reduce such trade-distorting domestic support in any year in which the aggregate value of the product-specific support does not exceed 5 per cent of the total value of production of the agricultural product in question.
• In addition, non-product-specific support which is less than 5 per cent of the value of total agricultural production is also exempt from reduction. The 5 per cent threshold applies to developed countries whereas in the case of developing countries the de minimis ceiling is 10 per cent.

AGGREGATE MEASUREMENT OF SUPPORT

• The AMS represents trade-distorting domestic support and is referred to as the “amber box”. As per the WTO norms, the AMS can be given up to 10 % of a country’s agricultural GDP in the case of developing countries.
•  On the other hand, the limit is 5% for a developed economy. This limit is called de minimis level of support. It means that the AMS and the De Minimis Level are similar. Both relate to the Amber box.

SCM

• The Agreement on Subsidies and Countervailing Measures (Subsidies Agreement) of the World Trade Organization (WTO) provides rules for the use of government subsidies and for the application of remedies to address subsidized trade that has harmful commercial effects.
• These remedies can be pursued through the WTO’s dispute settlement procedures, or through a countervailing duty (CVD) investigation which can be undertaken unilaterally by any WTO member government.
• Countervailing measures may be used against subsidies when imports of subsidized goods harm a competing domestic industry. They are used to offset the effect of the subsidy by, for example, imposing a countervailing duty (limited to the amount of the subsidy) on the import of subsidized goods or securing quid pro quo commitments from the subsidizing country (that it will abolish or restrict the subsidy, or that exporters will raise prices).
• Export subsidies which are in full conformity with the Agriculture Agreement are not prohibited by the SCM Agreement, although they remain countervailable. Domestic supports which are in full conformity with the Agriculture Agreement are not actionable multilaterally, although they also may be subject to countervailing duties.

DISPUTE SETTLEMENT BODY(DSB)

• Settling disputes is the responsibility of the Dispute Settlement Body (the General Council in another guise), which consists of all WTO members. The Dispute Settlement Body has the sole authority to establish “panels” of experts to consider the case and to accept or reject the panels’ findings or the results of an appeal. It monitors the implementation of the rulings and recommendations and has the power to authorize retaliation when a country does not comply with a ruling.
• Under the Subsidies Agreement, if a WTO member government believes that a non-permissible subsidy is being granted or maintained by another member government, it can request consultations with that government under the WTO’s dispute settlement procedures..
• If no mutually agreeable solution is reached in initial consultations, the matter can be referred to the WTO’s Dispute Settlement Body (DSB), which consists of representatives of all WTO members.
•  The DSB establishes a panel, which reports its findings to the parties to the dispute within a time frame. If the panel finds that the measure in question is a prohibited subsidy, the subsidizing government must withdraw it without delay.
• But when the appeal is filed in the AB and not yet decided, the practice is that the member country does not withdraw the subsidy immediately. The recommendations of the Panel can only be rejected by the DSB on consensus among the members.

APPELLATE BODY

• The Appellate Body was established in 1995 under Article 17 of the Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU). It is a standing body of seven persons that hears appeals from reports issued by panels in disputes brought by WTO Members. The Appellate Body can uphold, modify or reverse the legal findings and conclusions of a panel, and Appellate Body Reports are adopted by the Dispute Settlement Body (DSB) unless all members decide not to do so. The Appellate Body has its seat in Geneva, Switzerland.
• Currently, the Appellate Body is unable to review appeals given its ongoing vacancies. The term of the last sitting Appellate Body member expired on 30 November 2020.

NAIROBI PACKAGE

• The Nairobi Ministerial conference was held in 2015 where WTO members decided to eliminate the export subsidies on agriculture and to make new rules on export measures that have a covalent effect. To implement this decision, the developed countries will remove all the subsidies on export immediately and developing countries will have a little longer period to eliminate the subsidies except for a few agricultural products.
• The decision was taken to give effect to the sustainable development goal of zero hunger and also help the farmers of the poor countries who face intense competition against the rich countries and the artificially boosted exports with the help of subsidies.
• Members also collectively agreed to engage in finding a permanent solution for developing countries to use the public stockholding programs for food security purposes. Negotiation on a special safeguard mechanism, which allows the developing countries to raise tariffs temporarily on agricultural products in cases of import surges or price falls, was also agreed upon by the ministers.

BALI PACKAGE 2013

• Members agreed to refrain from challenging the breach of domestic support commitments that resulted from developing countries’ public stockholding programs for food security if certain conditions were met by them. They also decided to negotiate towards a permanent solution for public stockholding for security purposes.
• A more transparent tariff rate quota administration was called for whereby the governments were not allowed to create trade barriers by how the quotas among importers are distributed.
• The list of general services includes more spending on land use, Land Reforms water management, and other poverty reduction programs which come under the green box(the Green box is domestic support which is allowed without any limit as it does not distort the trade) were to be expanded.
• A declaration on the reduction of all forms of export subsidies and enhancement of transparency and monitoring was made.
• The Bali package also provides for a peace clause that protects the food procurement programs of developing countries from the action of other WTO members if the developing country branches the subsidy ceiling as given.
•  In the financial year, 2018-19 India became the first WTO member country to invoke this clause. India stated that its rice production was $43.67 billion and it provided subsidies of $ 5 billion to the farmers, which is more than the de minimis level of 10%. To safeguard its domestic support policy the Indian government invoked the peace clause.

THE CONTEXT: The Indian Rupee has depreciated nearly 10% since the beginning of the year and is making headlines, especially after falling below the psychological mark of 78 against the dollar. In this article, we will analyse the causes and impacts of rupee depreciation.

UNDERSTANDING EXCHANGE RATE THROUGH

DEMAND AND SUPPLY THEORY

 “Demand-Supply Theory” theory asserts that the rate of exchange is the function of the supply of and demand for foreign money and not exclusively the function of prices obtained between two countries.

According to this theory, when the supply of the dollar is reduced, then the more Rupee present in the market chase this less dollar, then Rupee weakens and depreciates. The reasons for the present reduced supply of dollars are given below.

FIVE TIMES RUPEE DEPRECIATION SINCE 2010: INDICATES THE VULNERABILITY OF THE RUPEE

INSTANCES OF RUPEES DEPRECIATION

• First Rupee depreciation occurred in 2011
• The second Rupee depreciation occurred in 2012
• Third Rupee Depreciation occurred in 2013
• Rupee depreciation in 2018
• Rupee depreciation in 2022

REASONS ASSOCIATED WITH THE DEPRECIATION

• It was triggered by the Euro debt crisis
• It was triggered by the likelihood of Greece’s exit from the Eurozone and global credit freeze.
• It was triggered by the increased likelihood of the US federal’s Tapering off the quantitative easing programme.
• Sudden spurt in crude oil prices, reversal of capital flow, Widening current account deficit.
• Sudden spurt in crude oil prices, reversal of capital flow, Russia-Ukraine war

REASONS

Global Reason

• Strengthening of US dollar: the US is keen to speed up its monetary policy ‘normalization’ by raising the interest rates by 75 basis points which encouraged American investors to pull out their money from emerging markets like India and invest in the domestic markets.
• Higher commodity prices (Crude Oil and edible oil):  The hostilities and difficult geopolitical issue between nations like USA-Iran hostility is impacting the price of commodities. As India is one of the largest importers of these commodities, these are impacting India’s currency.
• The war between Russia- and Ukraine is another major reason for Rupee Depreciation. Due to the war, the supply chain was interrupted. Hence, India, which is among the major importers affected by this development negatively.
• Rise In Dollar Buying Due To Jump In Oil Prices: India is a net importer of crude oil. Since global oil prices have spiked more than 60% since the start of 2022, Indian companies have to shell out more dollars. It means increased demand for dollars and, consequently, a weaker rupee.
• According to the remittance report provided by RBI, the rate of growth of remittance is less compared to the past year.
• Trends in other markets: The Rupee is also following the trend seen in the currencies of other emerging economies such as Turkey, Indonesia, Russia and South Africa.

Domestic Reasons

• Widening current account deficit: This is resulting in creating more actual as well as speculative demand for the dollar and other convertible currencies.
• Growth slowdown: India’s gross domestic product (GDP) growth fell as a result of the lockdown.
• Speculative trading: Speculative trading in the currency markets is putting further pressure on the Indian Rupee
• The weak Investment environment in India due to High NPA. This has affected Indian Industry’s export potentials.
• Supply of Rupee in the Indian market: During and After the pandemic, the government announced many initiatives and schemes like Atmanirbhar Bharat, which increased the money supply in market. Moreover, RBI reduced the repo rate to 4% to increase the money supply. Such steps weaken Indian Rupee against the dollar.

IMPACT OF RUPEE DEPRECIATION

On Export 

• A common belief while the Rupee depreciates against the dollar is that it would help our exports. This argument is based on textbook economics. But in the present context, compared to India, this argument does not hold true.
• As India is facing structural issues in the industry, Hence export is not being competitive to promote the export.
• If export increases, This brings the foreign reserve into India. That provides required forex to manage the deepening Current Account Deficit(CAD)

On Import

• Imports become expensive as the importer needs to pay more rupees for the dollars billed. Industries linked to imports (or having vital components of their product imported) have to bear higher input cost, which is ultimately passed on to the end-users. This impact leads to inflation.
• Petroleum is India’s largest import item. Any price rise in petroleum has a trickle-down effect on the cost of goods where transportation is an important component of the cost. For example, food grains and vegetables. Similarly, for industries where petroleum products are the major input factors.

ON Investment

• The fund rising through external commercial borrowing (ECB) becomes costly. As the Interest has to be paid higher under the depreciating Rupee.
• Rating agencies may reduce the sovereign rating of the companies.
• The rupee depreciation will directly affect the balance sheets and credit profiles of such corporates that have issued securities without proper hedging currency risks. These corporations may find it difficult to service their foreign-currency debt and may suffer huge losses due to an increase in repayment burden.
• Foreign Portfolio Investors have pulled out nearly Rs 48,000 crore from Indian capital markets in the first six months of 2018, making it the steepest outflow in a decade.

 Impact on other sectors

• Demands may further fall due to high prices leading to recession.
• Abroad trips and Foreign studies become costly.
• Domestic tourism could grow as more tourists visit India since their currency can now buy more with respect to the Rupee.
• In the medium term, Export-oriented industries may create more jobs.

 STEPS TAKEN BY RBI IN SUCH A SITUATION

CHANGING MONEY SUPPLY

• RBI does it by lowering or raising the mandatory Cash Reserve Ratio (CRR) for commercial banks.
• When the CRR limit is reduced, banks have more money for lending. This increases spare money with the bank. When the CRR limit is raised, the effect is vice versa.
• When banks have more money, more loans are issued. People/businesses, in turn, spend more (control overspending). When spending increases, GDP grows faster. Foreign investment flows in. Demand for INR increases, and it becomes stronger.
• To maintain this situation, RBI is following a moderate monetary policy and the current repo rate is 4.90 percent.

CONTROLLED INFLATION

• RBI does it by lowering or raising the mandatory Cash Reserve Ratio (CRR) for commercial banks.
• When the CRR limit is reduced, banks have more money for lending. This increases spare money with the bank. When the CRR limit is raised, the effect is vice versa. When banks have more money, more loans are issued. People/businesses, in turn, spend more (control overspending). When spending increases, GDP grows faster.
• Foreign investment flows in. Demand for INR increases, and it becomes stronger.
• To maintain this situation, RBI is following a moderate monetary policy and the current repo rate is 4.90 percent.

INTEREST RATES

• This is another tool (Repo Rate) that which government alters to control inflation and economic activity. When the repo rate is low, banks borrow more money from RBI.
• When banks have more money, they lend more money to people/businesses. This way, spending increases in the country; hence government collect more taxes. More spending also leads to higher GDP growth (GDP & tax revenue).
• A balance between GDP growth and low inflation will bring in more foreign investments to India. This leads to a stronger Indian currency.
• In post-pandemic time, RBI is following a moderate monetary policy with a marginal interest rate to boost the economy.

OTHERS

• The RBI announced a series of measures, including relaxation in foreign investment in debt, external commercial borrowings, and Non-Resident Indian deposits.
• RBI has allowed banks temporarily to raise fresh Foreign Currency Non-Resident Bank and Non-Resident External deposits without reference to the current regulations on interest rates, from July 7, 2022, to October 31, 2022.
• The RBI brought in the measures in all the said segments to alleviate dollar tightness with the objective of ensuring orderly market functioning. The new measures are expected to boost inflows as nearly a third of India’s external debt will be due for maturity in the coming months.

 THE WAY FORWARD

• In order to keep its own economic stability in globalized world, India should actively engage and lead discussions on addressing the shortcoming of current international monetary and financial arrangements through international cooperation. For this, Global forums like G-20, World Economic Forum etc., would form a base.
• India should develop a robust policy framework which provides for sufficient policy space when responding to external shocks like Rupee depreciation.
• India needs to develop an appropriate monitoring system to detect where financial vulnerability is building up.
• In the long term India should promote Make in India and address structural issues (like labor reforms, tax reforms etc.) to make India more competitive in the export sector. This helps in the long term as a cushion against future rupee depreciation.
• Allowing External Commercial Borrowing (ECB) up to $50 million with minimum maturity from 3 years to 1 year.
• Currency swap arrangement with major oil exporting countries. This helps both countries to stabilize the oil trade.

THE CONCLUSION: Financial market volatility is here to stay as advanced economies are unwinding years of monetary policies. The growing trade tensions between US and China could severely undermine the multilateral trading system. These global developments will continue to exert downward pressure on the Rupee in the coming months. It is therefore imperative for Indian policymakers to prepare for all eventualities.

Question:

1. What are the reasons behind the recent depreciation of the Indian currency against the dollar? How will it impact the Indian economy?
2. Discuss the impact of Rupee depreciation on India’s foreign trade.
3. How the depreciation of any country’s currency affects its economy? In India’s case, what measures should be taken by RBI as well as government to improve the health of the Indian currency?

THE CONTEXT: In June 2022, NITI Aayog released a report on the Gig economy in India. The report “India’s Booming Gig and Platform Economy: Perspectives and Recommendations on the Future of Work”, underlines the opportunities and challenges of this sector. Among other things, the report estimates the gig workforce to be 68 lakhs by 2019-20 and 77 lakhs by 2020-21. As per the estimates in the report, close to 60% of such Workforce are in Retail & the Transportation sector. The article identifies the opportunities and challenges of this sector.

IMPORTANCE OF THE REPORT

• The report is a first-of-its-kind study that presents comprehensive perspectives and recommendations on the gig–platform economy in India.
• The report provides a scientific methodological approach to estimate the current size and job-generation potential of the sector.
• It highlights the opportunities and challenges of this emerging sector and presents global best practices on initiatives for social security, and delineates strategies for skill development and job creation for different categories of workers in the sector.

HIGHLIGHTS NITI AAYOG REPORT

• As of 2021, the gross volume of the gig economy is estimated to be around USD 348 billion USD. India is also an emerging player, the importance of which is identified by the Government of India.
• The report estimates that in 2020–21, 77 lakh (7.7 million) workers were engaged in the gig economy. They constituted 2.6% of the non-agricultural Workforce or 1.5% of the total Workforce in India.
• The gig workforce is expected to expand to 2.35 crore (23.5 million) workers by 2029–30.
• Gig workers are expected to form 6.7% of the non-agricultural Workforce or 4.1% of the total livelihood in India by 2029–30.
• At present, about 47% of the gig work is in medium-skilled jobs, about 22% in high skilled, and about 31% in low-skilled jobs.
• The trend shows the concentration of workers in medium skills is gradually declining and that of the low skilled and high skilled is increasing.

DEVELOPING CONCEPTUAL UNDERSTANDING

WHAT IS THE GIG ECONOMY?

• The gig economy is a job market which consists of short-term or part-time work done by people who are self-employed or on temporary contracts.
• Section 2(35) of the Code on Social Security 2020 defines a gig worker as a person who participates in a work arrangement and earns from such activities outside of a traditional employer-employee relationship.
• As per the World Economic Forum, gig economy is defined by its focus on workforce participation and income generation via “gigs”, single projects or tasks for which a worker is hired.
• The term “gig” is a slang word for a job that lasts a specified period of time; it is typically used by musicians.
• Examples of gig employees in the Workforce could include work arrangements such as freelancers, independent contractors, project-based workers and temporary or part-time hires.
• As there is no employer-employee relationship, the gig workers are not tied to any particular employer and therefore have greater flexibility in terms of the work they can choose and the hours they dedicate.
• Businesses have flexibility when they are not dependent on a set of employees for executing tasks and additionally benefit from avoiding the cost of social security and fixed remuneration provided to employees.
• The service sector fuelled by the digital economy has been the most resilient segment of the gig economy. The size of the gig economy is projected to grow at Compounded Annual Growth Rate of 17% and is likely to hit a gross volume of $455 billion by 2023, as per ASSOCHAM.

WHAT IS PLATFORM WORK?

• Platform work means a work arrangement in which an organization or an individual uses online platform to provide goods and services to consumers. For example, Uber, Ola, Zomato etc.
• The Code on Social Security 2021 defines platform work as a work arrangement outside the traditional employer-employee relationship in which organizations or individuals use an online platform to access other organizations or individuals to solve specific problems or to provide specific services in exchange for payment.
• Section 2(61) of the Code on Social Security defines a platform worker as someone engaged in or undertaking platform work.
• In general, platform workers are the most visible and vulnerable faces of the gig economy. The gig work includes platform work also, and often; these terms are used interchangeably. For the purpose of our discussion, we also take a similar approach.

WHAT IS MEANT BY INFORMALISATION OF LABOUR?

• When the share of the informal workers in the total labour force increases, the situation is called the informalisation of labour.
• It is a process of consistent decline in the percentage of formal-sector labour force and consistent increase in the percentage of the informal sector labour force in the economy.
• The Economic Survey of 2018-19, released in July 2019, said “almost 93%” of the total Workforce is “informal”.
• These workers are engaged in economic activities with lower productivity resulting in lower incomes. They are also engaged in activities with less stable employment contracts (including the self-employed) and fewer or nil social security benefits.

WHAT IS THE MEANING OF FORMAL AND INFORMAL SECTORS?

• It must be made very clear that there is no universally accepted definition of formal and informal or organized and unorganized sector in India (http://iamrindia.gov.in/writereaddata/UploadFile/org_unorg.pdf read for further information)
• In general, the informal sector of the economy is characterized by irregular and low income, precarious working conditions, no access to social safety nets, lack of legal safeguards etc.
• While the formal sector has fixed working conditions, social security benefits and labour law being applied to them.

DEFINITION OF LABOUR FORCE

• Persons who are either ‘working’ (employed) or ‘seeking or available for work’ (unemployed) or both during a major part of the reference period constitute the labour force. In simple words, persons who are employed and unemployed are included in the labour force (15-60 in general).

DEFINITION OF WORKFORCE

• The Workforce, on the other hand, includes only the employed and excludes the unemployed. People who are actually working are included in the Workforce. The difference between the labour force and the Workforce is the total number of unemployed persons.

  JOB & INCOME SECURITY, OCCUPATIONS SAFETY ARE AMONG THE MAJOR CHALLENGES WITH GIG-BASED WORK

• While patronization i.e., using digital platforms to identify work, has helped to formalize gig works, there are multiple issues identified internationally. The main issue is with the algorithmic control of the platform labour by digital platforms. Rating-based reputation systems, power of consumers/customers over workers, etc., facilitated by these platforms are said to cause significant risks and unfair working conditions to the workers.
• The study report identifies that the gig-work in India also faces these challenges with the platforms. The report further takes cognizance of various other challenges faced by gig workers in India.
• One of the major challenges is with the job & income security. They are typically classified as independent workers or contractors and hence are not extended benefits from labour regulations relating to wages, hours of work, working conditions etc.
• Accessibility is another issue with the availability of jobs depending on location (urban vs rural), gender, access to the internet etc. Varying degrees of skill-mismatch are observed on online web-based platforms, with workers with better qualifications not necessarily finding jobs.
• Unfavourable terms of contract and non-collectivism of the gig workers are among the other challenges faced by gig workers.

• While these challenges exist for gig-based jobs in the country, the study report notes that gig & platform-based jobs have contributed to inclusivity, especially for women and people with disabilities.

HOW DOES THE GIG ECONOMY LEAD TO INFORMALISATION?AN ANALYSIS

OUTSIDE THE PURVIEW OF THE REGULATORY FRAMEWORK

• The gig economy is outside the ambit of almost all the regulations applicable to the other sectors of the economy. The formal sector employment has been tightly regulated one and even the informal sector faces some regulation. There is near absence of regulation in the area of gig economy, especially in the context of labour rights.

UNCLEAR EMPLOYMENT RELATIONSHIP

• In the gig economy, the traditional employer and employee relationship is replaced by vague ideas of “partners, independent contractors and the like “. These companies call themselves “aggregators and not employers” which provides an escape route from the application of labour laws to them

EXPLOITATIVE SERVICE CONDITIONS

• The remuneration and working conditions are arbitrarily set by the companies and workers often complain about unwarranted deductions from their salaries. For instance, a Swiggy delivery boy earlier received 50 rupees for an order which has been progressively reduced to 20(10 in some cases) rupees on weekdays. There exists no grievance mechanism to raise the concerns of the workers.

SUBJUGATION TO ALGORITHMS

• The software application controls the platform workers’ work-life. It decides everything from when and where to onboard (log in), how much time is allowed for delivery, calculation of incentives and even imposition of penalty! The gig worker has no voice in deciding any of these aspects and the application exerts total control over the workers.

NON EXISTENT SOCIAL SAFETY NET

• None of the social security benefits available to traditional workers are available to gig workers. Even the ad-hoc group insurance is available only on “on duty days’. The companies don’t even have any data on how many of its partners have succumbed to Covid 19 or were infected by the virus. The workers are vulnerable to risks of accidents and many have lost lives during the course of their duties.

DEMAND AND SUPPLY MISMATCH

• when the labour supply is high and more disposable, the gig workers have no power to influence payment offerings, and the freedom to choose becomes an illusion. In the interplay of demand and supply mechanisms, the gig workers always lose out. Thus, as platforms become more popular among gig workers, more of them join the pool, which leads to companies dictating the terms and conditions of work. The All India, Gig Workers union, has been protesting against the wage reduction by Swiggy but to no avail.

NO SCOPE FOR COLLECTIVE BARGAINING

• The problem of lack of a formal relationship within the gig economy landscape is accentuated by the lack of effective unionization of the workers. The temporary nature of work, disaggregated location of workers etc do not make it feasible for a collective airing of grievances. Even the recently formed Indian federation of App-based Transport workers’ protests did not change the status quo.

EXERCISING CONTROL WITHOUT ACCOUNTABILITY

• The companies claim that their workers are self-employed, and they can choose when and how long they wish to work. This is not true as, for instance, Swiggy does not allow “home log in” and the worker has to reach a “hot zone” for login. When a worker logs out or is irregular, then the frequency of the orders he receives is reduced. In other words, the companies exercise almost all the control of a traditional employer without commensurate responsibility to workers.

 POSITIVE SIDE OF GIG ECONOMY

FREEDOM OF CHOICE

• The employees have the freedom to choose from a host of firms operating in the sector. For instance, a delivery executive can choose Swiggy, Zomato or any other food delivery app. This choice is also available in the case of e-commerce companies or cab aggregators and others. This freedom to choose can help the workers to look for greener pastures.

FLEXIBLE WORKING HOURS

• There are no mandatory working hours in these sectors and the worker is free to join in or out at any time. This flexibility provides scope for control over one’s work which can be harnessed by those looking for a part-time job like students, employed etc,

NO FORMAL TRAINING REQUIRED

• The gig economy generally does not demand any formal education, skills or formal training for carrying out these jobs. For instance, a smartphone and a bike are enough to get work in food delivery apps (of course, subject to company policies). Thus it provides great livelihood opportunities for the unskilled and semi-skilled.

INCENTIVISATION OF HARD WORK

• The gig economy works on the principle of ‘the more you work, the more you earn’. This approach encourages those having a zeal for hard work by providing incentives on a par with the output of work. The scope for extra earning works as a great motivator.

GENDER EMPOWERMENT

• The rise of the gig economy in the wake of COVID-19 has the potential to boost women’s employment in the formal sector. The adoption of new technologies could create better opportunities for women.
• In a UNDP survey, around 57% of the respondent firms agree that the gig economy will itself expand and boost women’s employment because it is based on flexible, temporary, or freelance jobs, often involving connecting with clients or customers through an online platform.
• The technology-based platforms enable women to be a part of Workforce by virtue of their openness.
• Like Uber, there are various other on-demand platforms that have come into existence to facilitate consumer access to a range of care and domestic work services, such as cooking, cleaning, and child and elderly care. These include MyDidi.

 HOW TO BRING ELEMENTS OF FORMALIZATION IN GIG ECONOMY?

DATA ON THE SIZE OF THE GIG WORKFORCE

• Any step towards addressing the issue of informalisation in the gig economy require proper data on the size of the Workforce. The Parliamentary Standing Committee on Labour has criticized the labour ministry for its lackadaisical attitude relating to data collection. Data-driven policy-making and governance need to be the core of reforming the sector.

LEGAL INTERVENTIONS

• Regulation by the State of this sector without undermining its animal spirit is the need of hour. The Code on Social Security, although it defines the gig and platform workers, is silent on the aspect of regulation. A separate regulatory regime for gig sector can be brought which must balance the interest of both the companies and workers.

PROVIDING CONCRETE SOCIAL SAFETY MEASURES.

• The companies need to be persuaded to set up a social security system for the workers. Alternatively, they can be legally mandated to contribute to the fund established by the Centre or state governments.
• For instance, the Code on Social Security, 2020, mandate companies employing gig or on-demand workers to allocate 1-2% of their annual turnover or 5% of the wages paid to gig workers.

CLARIFYING THE RELATIONSHIP BETWEEN THE COMPANY AND THE WORKERS

• It is necessary to define clearly the nature of the relation between these platform companies and the workers. Taking shelter under terms (partner etc) which have no legal basis will only lead to conflicts between workers and the companies and eventually impact the business prospects of the companies.

LEARNING FROM INTERNATIONAL JUDICIAL INTERVENTIONS

• In 2021, the UK Supreme Court ruled that Uber’s drivers were entitled to employee benefits; in 2018, the California Supreme Court specified a test for determining an employer-employee relationship, which effectively designated gig workers are employees. Indian courts must take a leaf out of these progressive judicial interventions.

UNIONIZATION OF THE WORKERS

• There is strength in numbers and the workers need to organize themselves to press for legitimate demands from the government and the companies. A federation of all gig workers must be established to work as a pressure group and a forum for constructive suggestions for improving the work culture and business practices.

BEST PRACTICES OF THE STATE GOVERNMENTS.

• Karnataka govt is in the process of drafting a law to provide minimum wages and social security benefits to gig workers. It also formed a company, inter alia, to promote gig economy companies. The Karnataka Digital Economy Mission, a company with 51% stake in the industries aim to promote the gig economy through various facilitative measures. These types of positive interventions can be replicated in other states also.

HOW CAN THE ABOVE ISSUES BE ADDRESSED?

NITI Aayog’s study report takes cognizance of the different challenges faced by gig workers in the country. The report has also identified the need to upskill the gig workers to take advantage of the existing and future opportunities. A few of the recommendations of the study report are the following.

• Undertake a separate enumeration exercise to estimate the size of the gig economy and identify the characteristic features of gig workers.
• Platform India initiative to catalyze Platformization.
• Accelerating financial inclusion.
• Skilling of the Workforce through Outcome-based skilling, platform-led transformational skilling, platform skilling with government schemes etc.
• Integration and linking of employment and skill development portals.
• Enhancing social inclusion through gender sensitization & awareness programmes, inclusive systems & communication, self-development support etc.
• Paid sick leave, health access & insurance, occupational disease & work-accidental insurance, retirement & pension plans etc.
• Support to workers in situations of irregularity of work, contingency cover etc.
• RAISE framework for operationalizing the Code on Social Security to be adopted for gig & platform workers.

THE CONCLUSION:The Economic Survey 2021 has appreciated the role of the gig economy in service delivery and employment provision to the labour force during the pandemic period. This sector holds out huge promise, especially in the context of governments’ push toward a digital economy through Digital India. It is true that the freelance nature of the work and other attributes may not strictly fit into the traditional employer-employee matrix. But that does not mean the labour should be left for exploitation and suffer from poor working conditions. It is in the interest of all stakeholders, the promoters, management, workers, the shareholders, the consumers and others that adequate concrete measures be adopted for a win situation for all.

Questions

1. Critically analyze the NITI Aayog’s recent report on the platform-based economy.
2. Defining the concept of the gig economy, explain how it contributes to the informalisation of the Workforce in India.
3. While the gig economy provides huge scope for choice and freedom of work, it also leads to the informalisation of labour. Comment.

THE CONTEXT: Russian hostilities in Ukraine are preventing grain from leaving the “breadbasket of the world” and making food more expensive across the globe, threatening to worsen shortages, hunger and political instability in developing countries. This article analyses various reasons for the global food crises and presents a clear picture of the present situation.

THE ISSUE: While post-pandemic global demand, extreme weather, tightening food stocks, high energy prices, supply chain bottlenecks and export restrictions and taxe shave been straining the food market for two years, the recent convergence of all these factors following Russia’s invasion is unprecedented and has sent food inflation rates spiking around the world. The halt in Ukrainian exports has pushed the Food and Agriculture Organisation’s (FAO) Food Price Index, which tracks the international process of the most globally traded commodities, to its highest point in March 2022, since the record began in 1990.

DATA TO UNDERSTAND THE EXTENT OF GLOBAL FOOD CRISES

WHY RUSSIA AND UKRAINE ARE IMPORTANT FOR GLOBAL FOOD SECURITY

• Russia and Ukraine together account for more than a quarter of the world’s wheat supplies.
• Russia’s share in the global exports of wheat, the world’s most widely grown crop, is some 20%, while Ukraine accounts for 8%, according to the U.S. Food and Drug Administration’s Foreign Agricultural Service (FAS).
• Wheat is a staple food for at least 35% of the world’s population, as per the estimates of the UN Food and Agriculture Organization (FAO).
• About 50 countries depend on Russia and Ukraine for more than 30% of their wheat imports, according to the FAO.
• If Azerbaijan and Georgia source more than 80% of their imported wheat from Russia and Ukraine, Turkey, Egypt, Bangladesh and Lebanon meet over 60% of their imports from these two countries.
• Besides wheat, Ukraine is the world’s eighth-largest producer and fourth-largest exporter of corn, accounting for 16% of global exports.
• Furthermore, Ukraine, which produces up to 46% of sunflower seed and safflower oil is the world’s largest exporter of sunflower oil.

IMPACTS OF WAR ON FOOD PRICES

• As of June 1, 2022, the Agricultural Price Index was 40% higher compared to January 2021, according to the World Bank.
• Maize and wheat prices rose 42% and 60%, respectively, from the levels of January 2021.
• Global food, fuel and fertilizer prices are projected to be sharply higher this year and will remain elevated into 2024, the World Bank estimates.
• Almost all economies in the world have been hit by higher food prices. Across the western world, there’s a cost-of-living crisis with food and energy prices rocketing.
• In the U.K., inflation numbers have already hit a 40-year high. Almost 90% of emerging markets and developing economies experienced food price inflation greater than 5% this year.
• Low-income countries that are reliant on imports for basic food consumption are the hardest hit. According to the UN World Food Programme (WFP), Ethiopia, Nigeria, South Sudan and Yemen remain at ‘highest alert’ as hotspots with “catastrophic conditions”, as Afghanistan and Somalia are added to this category.

CAUSES FOR THE GLOBAL FOOD CRISES

BLOCKADE AT BLACK SEA 

• Before the Russian invasion of Ukraine started, Ukraine had the capacity to export up to six million tonnes of wheat, barley and maize a month, mainly through its ports in the Black Sea/Sea of Azov.
• In the eight months before the war, some 51 million tonnes of grain were exported through Ukraine’s Black Sea ports. But exports have collapsed since the invasion as the Russian war effort is entirely focused on Ukraine’s eastern and southern parts along the Black Sea/Sea of Azov coast.
• Now, several Ukrainian port cities, including Mariupol, Kherson and Berdyansk, are under Russian control. Although the southern cities of Mykolaiv and Odesa, which are known as the ‘Pearl of the Black Sea’, are still with the Ukrainians, commercial ships cannot dock at these ports because of two reasons :
• Ukraine has mined the waters around these ports as a deterrent against potential Russian attacks and Russia has enforced a naval blockade in the waters of the Black Sea.

ECONOMIC SANCTIONS ON RUSSIA 

• Besides the blockade, the western sanctions on Russia are also contributing to the crisis. Russia, besides being the world’s top wheat exporter, is also a leading exporter of fertilizer, an essential commodity for food production.
• Russia and its ally Belarus together account for some 38% of potassic fertilizers, 17% of compound fertilizers, and 15% of nitrogenous fertilizers. Fertilizer prices are also on the rise, which would make food production costlier.
• Russia’s food and fertilizer sectors were not directly targeted by western sanctions, but the sanctions on its financial sector, which made payments difficult for Russia, have complicated its exports, including food grains.
• Also, the targeted sanctions on Russian oligarchs have choked finances for the agricultural industry.

PRE-WAR EXISTENCE OF GLOBAL SUPPLY CHAIN DISRUPTIONS

• The impact of the pandemic has been disastrous for the supply chain, with persistent effects. The varying trends of economic recovery, lockdowns, and slowdowns, at different points in time, in different hubs across the globe have clogged the movement of goods across borders. This has not only impacted the manufacturing industry but also the food processing industry and now the ongoing conflict has also added to it in terms of constrained global food supply chain.

CLIMATE CHANGE AND FOOD SECURITY 

• Climate change has impacted the production of various food crops especially due to the changes in the regular rainfall pattern and rising temperatures.
• Climate change impacts the biophysical conditions in which crops grow. Some crops are less heat resistant — as the atmosphere grows warmer, these become less productive. We’re already seeing declines in the productivity of staples like wheat.
• There are also significant nutritional impacts — as more carbon dioxide gathers in the atmosphere, crops have less nutrition and fewer vitamins and minerals in them.
• Food distribution is impacted — increasing wildfires and floods, war, and internal conflicts as well as the affordability and accessibility as seen in multiple countries disrupt the distribution systems transporting food from farmers to consumers. This results in higher food prices.

GLOBAL REPORT ON FOOD CRISES 2022

THE REPORT

• An annual report named Global Report on Food Crises 2022 was launched by the Global Network Against Food Crises (GNAFC).The report is the flagship publication of the GNAFC and is facilitated by the Food Security Information Network (FSIN).
• Around 40 million more people globally experienced acute food insecurity at crisis or worse levels in 2021 than in 2020.
• Over half a million Ethiopians, southern Madagascar, South Sudanese and Yemenese are suffering from acute food insecurity.
• Over 193 million people in 53 countries or territories experienced acute food insecurity at crisis or worse levels in 2021.

MAIN DRIVERS FOR FOOD INSECURITY 

Conflict:

• Conflict forced 139 million people in 24 countries/territories into acute food insecurity.
• This is an increase from 99 million in 23 countries/territories in 2020.

Weather Extremes:

• It forced over 23 million people in eight countries/territories into acute food insecurity, up from 15.7 million in 15 countries/territories in 2020.

Economic Shocks:

• Over 30 million people in 21 countries/territories suffered acute food insecurity in 2021 due to economic shocks, down from over 40 million people in 17 countries/territories in 2020.

SUGGESTIONS

Need for an Integrated Approach:

• There is a need to have an integrated approach to prevention, anticipation, and better targeting to sustainably address the root causes of food crises, including structural rural poverty, marginalization, population growth and fragile food systems.

Need to Prioritize Smallholder Agriculture:

• The report demonstrated the need for greater prioritization of smallholder agriculture as a frontline humanitarian response, to overcome access constraints and as a solution for reverting negative long-term trends.

Strengthening a Coordinated Approach:

• The need is to strengthen a coordinated approach to ensure that humanitarian, development and peacekeeping activities are delivered in a holistic and coordinated manner.

IMPACT OF RUSSIA UKRAINE CONFLICT ON INDIA’S AGRI SECTOR

POSITIVE IMPACTS

• The economic sanctions on Russia by the West provides India with a chance to fill the void with Indian goods and commodities and serve as a blessing in disguise.
• Indian wheat can be sold at a highly competitive price in the global market. Egypt, Lebanon, Libya, Syria and Tunisia have been major buyers of wheat from Ukraine. Russia and Ukraine meet about one-third of global demand. The Russian attack has halted these exports, so these countries are likely to go for Indian wheat instead.
• Another agricultural commodity which saw the impact of the conflict is maize, which Ukraine is the third-largest exporter. The country accounts for about 3% of the global maize production and around 13% of global exports. As exports from Ukraine decline, Indian maize will be able to take advantage.

NEGATIVE IMPACTS

• The major threat to our food prices and security comes from chemical fertiliser shortages. Russia is the second-largest producer of potash, which is used in the production of Di-ammonium phosphate (DAP). Now DAP is critical for chemical/industrial agriculture and without it farmers may experience poor yields and many times no germination.DAP prices have been sky-high. India has also experienced a shortage right before the rabi sowing season.
• A lack of availability of potash and NPK (majorly sourced from Russia and Ukraine) would lead to a significant increase in input costs and ultimately result in higher food prices for customers.
• Sunflower oils (90 % of which are sourced from Russia and Ukraine) present a serious case, especially for heart-conscious ones. Indian frying pans may miss this precious oil, and with no healthier alternatives, prices are already up and shipping companies are charging higher insurance premiums for freight consignments from the Black Sea. This will have a direct impact on edible oil prices. Adding to our troubles is India’s growing demand of cooking oils.
• The war between Russia and Ukraine can adversely affect the Indian tea industry as Russia is one of the biggest importers of Indian tea. It is not only due to the blockage of shipments but also due to economic sanctions which leads to payment crises

THE ANALYSIS OF THE ISSUE

• Ukraine and Russia mainly export staples to developing countries that are most vulnerable to cost hikes and shortages. Countries like Somalia, Libya, Lebanon, Egypt and Sudan are heavily reliant on wheat, corn and sunflower oil from the two warring nations. The burden is being shouldered by the very poor and marginalised. There is a humanitarian crisis which needs to be addressed at the earliest.
• Besides the threat of hunger, spiralling food prices risk political instability in many countries. Rising food prices were one of the causes of the Arab Spring, and there are worries that history may repeat itself in other parts of the world.
• Starvation and famine are stalking parts of Africa. Prices for staples like wheat and cooking oil in some cases are more than doubling, while millions of livestock that families use for milk and meat have died. In Sudan and Yemen, the Russia-Ukraine conflict aggravated the crises on top of domestic crises.
• United Nations has been trying to secure an agreement to unblock Russian exports of grain and fertilizer and allow Ukraine to ship commodities from the key port of Odesa. But progress has been slow.A vast amount of grain is stuck in Ukrainian silos or on farms in the meantime. And there’s more coming, Ukraine’s harvest of winter wheat is getting underway soon, putting more stress on storage facilities even as some fields are likely to go unharvested because of the fighting.
• The increases are fueling faster inflation worldwide, making groceries more expensive. Some countries are reacting by trying to protect domestic supplies. India has restricted sugar and wheat exports, while Malaysia halted exports of live chickens, alarming Singapore, which gets a third of its poultry from its neighbour.

THE WAY FORWARD:

• The only practical solution to take Ukrainian grains to the global markets is to open the Black Sea routes. Further, to ease the pressure on global food items, Russia will also have to step up exports of both grains and fertilizers. For this, it is imperative to stop war at the earliest. The countries must also try to import from alternative suppliers until a peace agreement is reached between Russia and Western nations. For instance, Egypt recently made a deal with India to help replace some of the 80% of its wheat imports which come from Russia and Ukraine.
• The war in Ukraine has laid bare for all to see the fragility of the dominant global food system based on highly specialized industrial production methods, transnational supply chains, and excessive concentration. Countries that rely on imports from Russia and Ukraine must find alternative sources of food imports and diversify their food sources. It’s imperative that grain exporting countries refrain from the temptation to impose export restrictions, which could further drive up food prices.
• In the longer term, more resilient food systems will require countries to sustainably strengthen and diversify their domestic food production. This means investing in improving domestic food production capacity to reduce excessive reliance on imports. It also means investing in infrastructure for local food markets, and support for more sustainable forms of agriculture such as agroecology that absorb carbon and rely less on chemical fertilizers.

THE CONCLUSION: A long-drawn conflict between Russia and Ukraine would not only disrupt global agricultural supply chains and trade but also worsen the current economic woes caused as a result of the COVID-19 pandemic, including the global surge in inflation levels. Against this backdrop, it is crucial that India take adequate steps to reduce the impact of the conflict in Ukraine on its agricultural sector, including by seeking additional import options and tapping into export markets.The only practical solution to take Ukrainian grains to the global markets is to open the Black Sea routes. And to ease the pressure on global food items, Russia will also have to step up exports of both grains and fertilizers.

Mains Practice Questions:

1. Evaluate the impact of the Russia – Ukraine war on global food security.
2. The Russia-Ukraine conflict has been a boon as well as a bane for the Indian agriculture sector. Elucidate.

THE CONTEXT: On 29 May 2022, the Rashtriya Lok Dal (‘RLD’) organised a social justice conference that marked the 35th death anniversary of former Prime Minister Chaudhary Charan Singh. During the conference, the demand was made for an Equality Commission by various political parties present at the conference. At present, there is no comprehensive anti-discrimination law covering the entire country. The constitutional provisions generally view discrimination from a state-citizen perspective. But this approach does not take into account the discriminatory actions of private individuals. This article analyses the merits of such an inclusive body.

HISTORY OF EQUALITY COMMISSION DEMANDS IN INDIA

SACHAR COMMITTEE REPORT

• In 2005, then Prime Minister Manmohan Singh constituted a High-Level Committee to prepare a report on the social, economic, and educational status of the Muslim community of India.
• The seven-member committee was chaired by former Chief Justice of the Delhi High Court, Justice Rajinder Sachar, and it submitted its final report in November 2006.
• In its observations on the ‘development deficit’ among Muslims, the Sachar Committee Report recommended the setting up of an Equal Opportunity Commission (‘EOC’) to “look into grievances of all deprived groups”.

MENON COMMITTEE REPORT

• In 2008, an expert group, headed by a civil servant, lawyer and legal educator Prof. N.R. Madhava Menon was set up by the Union Ministry of Minority Affairs to implement the EOC model, including developing a legislative framework.
• The Menon Committee Report recommended the structure, scope, and functions of the proposed EOC, and advised on an appropriate legislative foundation for its implementation.
• It proposed an Equal Opportunity Commission Bill, 2008 to constitute an EOC.
• The Bill aimed to address discrimination or any distinction, exclusion, or restriction made on the basis of sex, caste, language, religion, descent, place of birth, residence, disability, descent, place of birth, residence, race, or any other unjustified criteria.
• The EOC, as conceptualised by the Sachar Committee and developed into an implementation model by the Menon Committee, represented a Commission to supplement reservations.

Ø  Reservations or ‘removal of disabilities’, as the Menon Committee Report observed, do not warrant equality of opportunities. Hence, the EOC was meant for the deprived groups to access their rights and entitlements, and to address inter-group inequalities, as a move beyond the existing policies on reservations.

Ø  The Equal Opportunity Commission Bill, 2008, as prepared by the Menon Committee, was approved by the Union Cabinet in February 2014, with the mandate of ensuring no minority community (restricting its ambit from a broader ‘deprived groups’) is discriminated on grounds of religion and redressing complaints therewith. However, the bill has been ignored since then.

RATIONALE BEHIND THE DEMANDS OF EQUALITY COMMISSION

• Though Equality is a foundational value of our Republic, stark inequalities mark our present social reality and prospects for the future generations. Inter-group inequalities often coincide with boundaries of communities and are becoming more visible than before which suggests that there is an urgent need to address these inequalities and supplement the existing policies of reservations by fine tuning the definition of the beneficiaries, expanding the range of modalities and evolving a forward looking and integral approach to affirmative action and for this reason we need an Equal Opportunity Commission. The setting up of an Equal Opportunity Commission (EOC), sooner than later, will be a significant step towards fulfilling the Constitutional promise of equality in its different dimensions.
• Existing modalities for dealing with problems of unequal opportunity, disproportionate deprivation and various forms of discrimination are in urgent need of rethinking for three main reasons:
• our methods of diagnosing the problem need to become more sophisticated;
• the range of proposed solutions needs to be expanded; and
• an integrated, forward looking strategy needs to be formulated for tackling the many different kinds of problems associated with inequality of opportunity in a systematic and phased manner.

 MANDATE OF EQUALITY COMMISSION

• In defining the scope of the proposed EOC there is a need to balance two kinds of considerations.
• On the one hand the very idea of an Equal Opportunity Commission demands that the commission should be able to address and redress any and every form of inequality of opportunity, cutting across domains, groups and sectors.
• On the other hand, care has to be taken to ensure that the new Commission does not duplicate the work already being done by pre-existing commissions and is not overwhelmed by the number of cases that it has to address. Hence it is imperative that the jurisdiction of the EOC should be wide-ranging in terms of the sectors and social groups, but it should be delimited in terms of the domains as well as the nature of complaints that it can take up.
• The opportunity offered by the setting up of the EOC must not be restricted only to SCs, STs, OBCs, minorities, persons with disabilities or to any other set of pre-defined groups. The EOC should in principle be open to any person who feels disadvantaged, deprived or discriminated against on grounds of belonging to any social group. Thus the jurisdiction of the Commission should extend to all “deprived groups” who have been denied or who claim to have been denied equal opportunities.

 EQUALITY COMMISSION IN THE CONTEXT OF GLOBALISATION

• The rapid growth of global markets has not seen the parallel development of social and economic institutions to ensure balanced, inclusive and sustainable growth.
• For many, globalisation — the intensified cross-border exchange of goods, services, capital, technology, ideas, information, legal systems, and people — is both desirable and irreversible, having underwritten a rising standard of living throughout the world. Others recoil from globalisation as they feel it is the soft underbelly of corporate imperialism that plunders and profiteers on the back of rampant consumerism.
• There is a growing divergence in income levels between countries and peoples, with widening inequality among and within nations. Assets and incomes are more concentrated. Wage shares have fallen. Profit shares have risen. Capital mobility alongside labour immobility has also reduced the bargaining power of marginalised in many ways hence, it becomes imperative to have an Equality Commission to arrest the dark side of the globalisation.
• Globalisation has also let loose the forces of “uncivil society” and accelerated the transnational flows of terrorism, human and drug trafficking, organised crime, piracy, and pandemic diseases as we have already seen the plight of migrant labours (loss of livelihood), other marginalised sections (health, education, sanitation etc).

IDEA OF EQUAL OPPORTUNITY AND POLITICS

• Relevance of equal opportunity rests on two foundations.
• First, it rests on a semantic foundation. The rise of the concept of equal opportunity is accompanied by the fall of the idea of equal outcome, an idea that was strongly associated with the traditional welfare state that tried to create social equality through compensation. In contrast to equal outcome, equal opportunity presupposes that value is only produced to the extent that individuals actively pursue their opportunities.
• Second, it also rests on a social-structural foundation. At least since the 1970s, the political systems of Western welfare states had to find new solutions in the face of an ever-growing social pressure wherein the claims to welfare resources from social groups that had succeeded in being defined as “underprivileged” or even “marginalised” have grown. In all cases, such claims were justified by drawing on the value of social equality.
• In India also such demands for equality commission can be seen in the light of the growing pressure from all sections of the society on the government to adhere in letter and spirit to the constitutional ideals of equality and justice.

WHAT IS AN ANTI-DISCRIMINATION LAW?

Discrimination means unfair treatment due to a person’s race, caste, religion, gender or other identity markers.  Thus, an anti-discrimination law or non-discrimination law or equality law (here and after “law”) means legislation aimed at preventing discrimination against people based on their personal characteristics. The pith and substance of these laws are twofold.

• One is the vesting of the right against discrimination on the basis of protected characteristics such as race, religion, ethnicity, sexual orientation, and gender, among others.
• The second is the imposition of civil liabilities on persons for engaging in unlawful discrimination.

Such laws concretise or give substance to the notion of equality mentioned in the Constitution without which the rights given therein will remain a myth.

Ø  Thus, the philosophy of the law is to bring an egalitarian society in its widest sense and purpose of the term by establishing a comprehensive anti-discriminatory legal-institutional ecosystem.

NEED FOR AN EQUALITY COMMISSION IN INDIA

STRUCTURAL DISCRIMINATION 

• More than 70 years after Independence, our society remains rife with structural discrimination. These prejudices pervade every aspect of life, from access to basic goods, education and employment etc.
• Cases of discrimination continue to be witnessed. They are frequently directed against Dalits, Muslims, Women, Persons of different sexual orientations, ‘Hijras’, persons with disabilities, persons from the North-Eastern States, unmarried couples and non-vegetarians, among others.
• Mob lynching, hate speech, communal polarization, etc are the results of such discriminatory practices.
• Today there are multiple sources of discrimination that go beyond what is provided in the Constitution.

DISCRIMINATION BY INDIVIDUALS

• The Right to Equality under the Constitution prevents the state from discriminating against persons on various grounds. But it is silent on the discrimination practised by private individuals and organisation although Art 15(2) and 17 deal with this aspect but their enforceability and effectiveness has been poor (Art 15 (2) prohibits discrimination on religion, race, caste etc from accessing shops, hotels, places of public entertainment, wells, tanks etc.)
• There is no legal recourse in India if citizens have been discriminated against by private entities such as service providers, landlords, housing societies, employers, educational institutions, retailers etc.
• The law would provide the right direction towards positive duties of every organisation to make such policies, which make diversification and anti-discrimination mandatory.

GROWING PUBLIC DEMAND

• Beginning from the Sachar committee’s recommendation for such a law, there have been a few efforts in recent times. Shashi Tharoor introduced a private member’s bill in 2017, while the Centre for Law & Policy Research drafted and released an Equality Bill in 2019.
• In mid-2021, many state governments brought draft anti-discriminatory bills to deal with the problems of discrimination faced by people.
• Most recently in May 2022, a Social Justice Conference organised to mark the 35th death anniversary of former Prime Minister Chaudhary Charan Singh attended by various political parties also made demands for an Equality Commission.
• These attempts recognise that our civil liberties are just as capable of being threatened by acts of private individuals as they are by the state.

EXISTING LAWS ARE NOT ENOUGH 

• The existing laws cover only the major areas of discrimination, like untouchability, sexual harassment at the workplace etc.
• The questions of many vulnerable groups remain unanswered. For example, why are some minorities or homosexuals not taken as workers by private landowners? Why does a discriminatory mindset exist regarding someone’s marital status, disability, sexuality, or food habits?

JUDICIAL LIMITATIONS

• Since only the High Courts and the Supreme Court have the power to address violations of constitutional rights, approaching these courts for every instance of discrimination is hardly a feasible choice. Moreover, the judiciary continues to be overburdened with a considerable backlog of cases.
• Thus, local enforcement mechanisms, in the form of equality commissions, fit the bill.

EMPIRICAL EVIDENCE 

• We encounter so many situations every day where someone is refused accommodation because he is a Dalit, a Muslim or a Homosexual. NGOs, housing societies, schools, colleges, hospitals, no such institution is completely free from this evil. Even sports are not immune from this problem as a famous Indian cricketer pointed out how players from the south faced racial discrimination while playing in the north.
• During the Covid 19, Sex workers and healthcare workers have been facing stigma and harassment for being carriers of the virus. In Pune, 22 members of staff of a multi-speciality hospital were forced to vacate their accommodation as they had treated a Covid-19-positive and were thought to be infected. Nurses working at Victoria Hospital in Bengaluru were evicted from their paying guest accommodations based on the perception that they are infected with the coronavirus.

HUMAN RIGHTS AND SDGS

• The UN Human Rights Council’s Universal Periodic Review of India in 2017 has commended that India needs to strengthen its national framework to reduce all kinds of discrimination and promote and protect the human rights of all its citizens in an inclusive manner, to fulfil the Sustainable Development Goal 10 of reducing inequality and discrimination.

GLOBAL EXAMPLES

SOUTH AFRICA 

• In South Africa, for example, a constitutional guarantee is augmented by an all-encompassing law that prohibits unfair discrimination not only by the government but also by private organisations and individuals. India is unique among democracies in that a constitutional right to equality is not supported by comprehensive legislation.

GREAT BRITAIN ( ENGLAND, SCOTLAND AND WALES)

• The Equality and Human Rights Commission (EHRC) is Great Britain’s national equality body. As a statutory non-departmental public body established by the Equality Act 2006, the Commission operates independently. The Equality and Human Rights Commission (EHRC) monitors human rights, protecting equality across 9 grounds – age, disability, sex, race, religion and belief, pregnancy and maternity, marriage and civil partnership, sexual orientation and gender reassignment.

USA 

• The US Equal Employment Opportunity Commission (EEOC) is responsible for enforcing federal laws that make it illegal to discriminate against a job applicant or an employee because of the person’s race, colour, religion, sex (including pregnancy, transgender status, and sexual orientation), national origin, age. The US Equal Employment Opportunity Commission (EEOC) is a bipartisan Commission comprised of five presidentially appointed members.
• It enforces the “Notification and Federal Employee Antidiscrimination and Retaliation Act (No FEAR) 2002” which aims to ensure that all Federal employees feel free to come forward with allegations of discrimination, wrongdoing, or misconduct, by making sure that Federal employees are aware of their rights.
• This law aims to increase the accountability of federal agencies for acts of discrimination and reprisal. This protection covers the full spectrum of employment decisions, including recruitment, selections, terminations, and other decisions concerning terms and conditions of employment.
• The EEOC also enforces the Civil Rights Act 1964, the Equal Pay Act, and The Age Discrimination in Employment Act of 1967, among others.

GOVERNMENT RESPONSE TO DEMANDS OF EQUALITY COMMISSION

• Even after the recommendations given by the Sachar Committee Report (2006) and Menon Committee Report (2008), the then government did not expedite the legislative process of enacting an anti-discrimination law.
• The Union Cabinet belatedly approved setting up an Equal Opportunity Commission in February 2014. However, a few weeks later with the change in Government post the Lok Sabha elections, the Bill was more or less ignored.
• The Private Member Bill of Dr Tharoor (2016) also lapsed after the dissolution of the 16th Lok Sabha.
• The proposed Kerala Anti-Discrimination and Equality Bill, 2021 is a great step in the right direction and can be a textbook example to learn for other states.

THE ANALYSIS:

1. Commissions like the National Commissions for Women, Minorities, Scheduled Castes, Scheduled Tribes and Backward Classes, among others, exist to deal with and handle thousands of cases of discrimination each year. Notably, these individual commissions focus on protecting the rights of specific communities against specific discrimination. The National Commission for Women, for instance, deals with issues like cybercrime, dowry deaths, police apathy, gender discrimination in education and work, and other forms of discrimination against women. While these Commissions handle complaints against inequalities, they do not provide an umbrella view of the discrimination witnessed in the country. Each of the Commissions operates with a different understanding of the term ‘discrimination’.
2. While various committees existed to protect separate rights of Scheduled Castes, Scheduled Tribes, Other Backward Classes and minorities, it is also felt that there is a need for an Equality Commission to enable the communities to unite. An entity like the Equality Commission, which is based on multiple identities and discrimination, can benefit from the complaints handled by the other Commissions. An Equality Commission can pose as a comprehensive mechanism that covers all forms of discrimination, as opposed to commissions that focus on caste, religion, or sex alone. However, it is imperative that the shortcomings of the proposed EOC under the Menon Commission be addressed so that the functions of an Equality Commission do not overlap with the already existing Commissions dealing with varied forms of discrimination.

THE WAY FORWARD:

1. Leadership by states: State legislations are contributing to the discourse on anti-discrimination law. In 2021, seven states like Kerala, Tamil Nadu, Rajasthan, West Bengal etc have come out with draft bills on this subject. The Centre can take a leaf out of this and make a comprehensive law and establish an Equal Opportunity Commission. This is vital as the states cannot legislate on subjects in Union List.
2. Ensuring effective implementation of existing laws: There are few laws and IPC provisions dealing with anti-discrimination in India. For instance, Equal Remuneration Act, of 1976 – Guarantees equal pay for equal work to men and women. Indian Penal Code, 1860 (Section 153 A)- Criminalises the use of language that promotes discrimination or violence against people on the basis of race, caste, sex, place of birth, religion, gender identity, sexual orientation or any other category. Mental Healthcare Act, 2017 – Prohibits the denial or refusal to access mental healthcare facilities or services for people on the basis of race, caste, religion, place of birth, sex, gender identity, sexual orientation, disability or any other category. Awareness of these and such other laws need to be generated through effective public communication and the administration needs to be sensitised and trained in their implementation.
3. Fundamental changes in the socialisation process: Discrimination is as much a social problem as it is legal. A law may not solve the discrimination unless the social mores changes which must discard discrimination. The family, school and the community need to play a major role in creating a social system without discrimination.
4. Constitutional morality and judicial intervention: The judiciary has employed the concept of constitutional morality to end many discriminatory practices in Indian society including those based on sex, gender, etc. The apex court needs to nudge or persuade the representative institutions through “judicial dialogue” to facilitate the process of ending discrimination either overt or covert. Also, it needs to revisit the judgment of Zoroastrian Cooperative Society 2005 which privileged freedom to associate over the right to equality.
5. Interlinking equal opportunity and diversity: Antidiscrimination and diversity promotion are related ideals. They should form part of a single ‘Equality Bill’ with a single regulatory and enforcement commission. Distinct bodies for monitoring the prohibition of discrimination and promotion of diversity are not only wasteful but may result in counterproductive turf wars.
6. A general duty to reduce inequality: The objective of reducing socio-economic deprivation should be taken into account by all public bodies (widely defined to include not only bodies established by the Constitution or any law but also any other bodies performing public functions) while framing policy in their respective fields of activity.

THE CONCLUSION:

A coherent anti-discrimination or Equality Commission is, however, ineffective without the backing of a single, comprehensive anti-discrimination or equality law. While such legislation has been proposed time and again, it is now up to the government to adopt a singular equality law. The Private Member’s Bill of 2016 lapsed, with the government not showing any interest in adopting it. In view of the recent upsurge in violence against minority communities in India, such legislation acquires significance.

MAINS PRACTICE QUESTIONS:

1. Anti-discrimination law is not a panacea for the problems of inequality and social prejudice that are deeply rooted in our society. Comment.
2. A comprehensive anti-discrimination legal framework is required to fill the existing legal lacunae in India. Elucidate.

THE CONTEXT: Recently, the ruling party suspended its national spokesperson and expelled its Delhi spokesperson, following comments they had made about Islam and the Prophet. The move came after three countries in the Gulf region had summoned the Indian ambassadors to their nations to register their protest and demanded a public apology from India.It underlines the significance of the Gulf region for India. This article explains in detail the relations between India and the Gulf countries.

WHAT IS THE PERSIAN GULF REGION?

• The lands around the Persian Gulf are shared by eight countries- Bahrain, Iran, Iraq, Kuwait, Oman, Qatar, Saudi Arabia, and the United Arab Emirates.
• These countries are major producers of crude oil and natural gas and thereby contribute critically to the global economy and to their own prosperity.
• The area has approximately two-thirds of the world’s estimated proven oil reserves and one-third of the world’s estimated proven natural gas reserves.
• This factor has added to their geopolitical significance.
• A considerable amount of sea trade passes through the Gulf, leading to heavy traffic in the region.

WHY IS THE GULF REGION IMPORTANT FOR INDIA?

India has enjoyed centuries of good relations with countries like Iran, while smaller gas-rich nation Qatar is one of India’s closest allies in the region. India shares good relations with most of the countries in the Gulf. The two most important reasons for the relationship are oil and gas and trade. Two additional reasons are the huge number of Indians who work in the Gulf countries and the remittance they send back home.

FOUR PILLARS OF INDIA-GULF RELATIONS

TRADE RELATIONS

UAE: The UAE was India’s third-largest trading partner in 2021-2022 and second largest for both exports ($28 billion) and imports ($45 billion) when these are counted individually.

• In terms of total trade volume, the UAE ($72.9 billion) was behind the United States ($1.19 trillion) and China ($1.15 trillion).
• The UAE accounted for 6.6% of India’s total exports and 7.3% of imports in the last financial year, up 68.4% since the previous year when international trade was impacted by the pandemic.

Saudi Arabia: At a total volume of $42.9 billion in 2021-22, Saudi Arabia was India’s fourth-largest trading partner.

• While exports were low at $8.76 billion (2.07% of India’s total exports), imports from Saudi Arabia were the fourth largest at $34.1 billion (7%), up 50% from the previous year. Most of it was crude oil.

Iraq: It was India’s fifth-largest trading partner in 2021-22 at $34.3 billion.

Qatar: The total trade was $15 billion, accounting for just 1.4% of India’s total trade, but the country is India’s most important supplier of natural gas.

• Qatar accounts for 41% of India’s total natural gas imports. The UAE accounts for another 11%.

Oman: For Oman, India was the 3rd largest (after UAE and China) source for its imports and 3rd largest market (after UAE and Saudi Arabia) for its non-oil exports in 2019.

• Major Indian financial institutions have a presence in Oman. Indian companies have invested in Oman in sectors like iron and steel, cement, fertilisers, textile etc.

OIL IMPORTS

• The 239 million tonnes of oil petroleum imports were worth USD 77 billion and accounted for nearly one-fifth of the country’s total imports in 2021.
• The share of Persian Gulf countries in India’s crude imports has remained at around 60% over the last 15 years.
• In 2021-2022, the largest exporter of oil to India was Iraq, whose share has gone up from 9% in 2009-2010 to 22%.
• Saudi Arabia has accounted for 17-18% of India’s oil imports for over a decade.
• Kuwait and UAE remain major oil exporters to India. Iran used to be the second-largest oil exporter to India in 2009-2010; its share went down to less than 1% in 2020-21 due to US sanctions.

INDIAN DIASPORA

• Counting only the 13.4 million non-resident Indians (NRIs), the Gulf has the largest numbers. The UAE (3.42 million), Saudi Arabia (2.6 million) and Kuwait (1.03 million) together account for over half of all NRIs.

REMITTANCES

• According to Ministry of External Affairs data, more than 13.46 million Indian citizens work abroad.
• Counting only the 13.4 million non-resident Indians (NRIs), the Gulf has the largest numbers. The UAE (3.42 million), Saudi Arabia (2.6 million) and Kuwait (1.03 million) together account for over half of all NRIs.
• In terms of remittances from abroad, India was the largest recipient in 2020 at $83.15 billion, according to World Bank data. This was near twice the remittances to the next highest recipient, Mexico, at $42.9 billion.
• The largest contributor is the huge Indian diaspora in the Gulf. In a bulletin in November 2018, it’s last on this subject, the Reserve Bank of India said the GCC countries accounted for more than 50% of the total $69 billion in remittances received by India in 2016-17.
• The UAE accounted for 26.9%, Saudi Arabia for 11.6%, Qatar for 6.4%, Kuwait for 5.5% and Oman for 3%. Beyond the GCC, remittances from the US accounted for 22.9%, second only to the UAE.

GRAPHICAL REPRESENTATION OF INDIA-GULF TRADE RELATIONS

EFFORTS BY THE INDIAN GOVERNMENT

SPECIAL FOCUS

• Since coming to power in 2014, the present Government has kept a special focus on maintaining or enhancing India’s relations with most of the countries in the region.

VISITS TO THE REGION

• The Indian Prime Minister (PM) has visited the region several times since 2014.
• He visited the UAE in 2015, 2018 and 2019, and Abu Dhabi’s crown prince came to India in 2017 and 2018.
• Visits were made to Qatar and Iran in 2016 and Saudi Arabia in 2016 and 2019.
• In 2018, he went to Jordan, Palestine and Oman, besides UAE, and became the first Indian Prime Minister to visit the Palestinian territory of Ramallah.
• He visited Bahrain in 2019.
• There have been similar reciprocal visits by leaders from these countries during these eight years.
• Even during the pandemic, Indian and Gulf region leaders maintained regular contact.

HIGHEST CIVILIAN HONOUR

• Palestine, Iran, Saudi Arabia, UAE and Jordan have excellent relations with India and Maldives, and Bahrain have bestowed their highest civilian honour on India’s Prime Minister.

GIVING IMPORTANCE TO THEIR RELIGION

• On his visits, PM visited some of the most popular mosques in those countries, including the Sheikh Zayed Grand Mosque in Abu Dhabi in 2015 and the Sultan Qaboos Grand Mosque in Muscat in 2018.

 INDIA’S PRIORITIES IN THE GULF

• Securing long-term energy supply is of primary importance for India in the region.
• India is currently the fourth largest energy-consuming country in the world, and it may go up to the third position in the next couple of decades.
• India’s annual GDP growth at the rate of eight per cent would require further industrial growth, which would demand more energy supply for the country.
• The growing energy necessity has undoubtedly dictated India’s initiative of building up a ‘strategic energy partnership’ with the region to secure long-term energy supply for the country.
• The Gulf countries look at India as a fast-growing economy which holds the potential to compete with the major world economies.
• Realising the trade potential of the Gulf countries, India has entered into a negotiation with the GCC to finalise a Free Trade Agreement.
• The Gulf countries have huge potential for investing in different sectors in India as FDI for mutual benefit.

THE WAY FORWARD:

• There is a need to focus on the new and long-term possibilities for economic cooperation with the Gulf countries, which are looking at a future beyond oil.
• The Gulf states have embarked on massive economic diversification and are investing in a variety of new projects, including renewable energy, higher education, technological innovation, smart cities, and space commerce.
• With the rise of Khaleeji capitalism, the Gulf countries today deliver economic and security assistance to friendly states, build ports and infrastructure, acquire military bases and broker peace between warring parties and states.
• The UAE currently chairs the Indian Ocean Rim Association (IORA) and has been eager to work with India in developing joint infrastructure projects.
• India needs to bring scale and depth to its regional initiatives on connectivity and security in the Indian Ocean.
• Avoiding any such conflicts, there must be a clear synergy between India and the GCC countries, consolidating their traditional areas of cooperation — energy, trade and investment.
• They need to adopt an integrated and cohesive approach to develop ties in diverse areas — renewables, water conservation, food security, digital technology and skills development.

THE CONCLUSION: The Government and the diplomatic establishment can never underestimate the power of hurt sentiment, religious sensitivities in foreign policy, or the speed of social media. Many have questioned whether the reaction would have been as tough if the Government had taken the controversy and protests more seriously domestically and engaged with the problem much earlier. It was a lesson the US learned in 2012 after protests over a movie on Prophet Muhammad turned violent and led to the terrorist attack on the US embassy in Benghazi in which the US Ambassador was killed. The attacks on Charlie Hebdo and cartoonists in Europe in 2007 were another case in point- clearly, the sensitivities over a religious matter are important- as is protecting freedom of speech and ensuring no violence or harm comes to anyone.

Value Addition

What is GCC?

The Gulf Cooperation Council (GCC) is a political and economic alliance of six countries in the Arabian Peninsula: Bahrain, Kuwait, Oman, Qatar, Saudi Arabia and the United Arab Emirates.

Established in 1981, the GCC promotes economic, security, cultural and social cooperation between the six states and holds a summit every year to discuss cooperation and regional affairs.

All current member states are monarchies, including three constitutional monarchies (Qatar, Kuwait, and Bahrain), two absolute monarchies(Saudi Arabia and Oman), and one federal monarchy (the United Arab Emirates).

Structure:

The GCC comprises six main branches that carry out various tasks, from the preparation of meetings to the implementation of policies. They are- the Supreme Council, Ministerial Council, Secretariat-General, Consultative Commission, Commission for the Settlement of Disputes and the Secretary-General.

Role of GCC today:

Whether the GCC still has a relevant function and role in the region is questionable. Though it was created for the purpose of solidifying union ranks, the blockade imposed on Qatar by its neighbours has largely annulled these principles.

The Gulf states have in the past differed in their views on several issues that have unfolded in the region over the past two decades. The role of the GCC has also been diminishing ever since the 2003 US-led invasion of Iraq, with the six states illustrating various approaches to the war and its consequences. This has been enhanced during the wave of protests that swept the Middle East in 2011, known as the Arab Spring. Saudi Arabia has gained a dominant role within the GCC today.

Question for mains examination:

1. Critically analyse India’s relations with the Gulf countries.
2. In the 21st century, India needs to weigh the relationship with the Gulf countries not merely through an economic but strategic prism. Discuss.

THE CONTEXT: In a significant step backwards for women’s rights in the US,the Supreme Court overturned the landmark Roe v. Wade judgement of 1973, which gave women in America the right to have an abortion before the foetus is viable outside the womb or before the 24–28-week mark.Abortion rights, which have been available to women for over two generations — will now be determined by individual States. In this write up we will analyze in detail the implications of the USA court ruling and the issue of abortion in the 21^st century.

WHAT IS ROE V. WADE JUDGEMENT?

• The case is sometimes referred to simply as “Roe”, the listed name of the 22-year-old plaintiff, Norma McCorvey. Wade was the State of Texas District Attorney where this case was filed in 1969.
• Roe struck down laws that made abortion illegal in several states, and ruled that abortion would be allowed up to the point of foetal viability, that is, the time after which a foetus can survive outside the womb.
• Foetal viability was around 28 weeks (7 months) at the time of the Roe judgment; experts now agree that advances in medicine have brought the threshold down to 23 or 24 weeks (6 months or a little less), and newer studies show this could be further pegged at 22 weeks. An average pregnancy lasts about 40 weeks.
• Abortion laws across the world rely on this metric but those opposing abortions argue that this is an arbitrary timeframe that legislation and the court in Roe adopted.

Foetal viability: It is often seen as the point at which the rights of the woman can be separated from the rights of the unborn foetus. The length of a pregnancy is commonly calculated from the start of a person’s most recent menstrual period. Since many people identify pregnancy only after the sixth week, pre-viability timelines leave women with very little time and opportunity to make a decision to abort.

MISSISSIPPI LAW ON ABORTION

The Mississippi law makes most abortions illegal after 15 weeks of pregnancy, about two months earlier than Roe and later decisions allow. Most experts estimate fetal viability to be about 24 weeks. The law was enacted in 2018 by the Republican-dominated Mississippi Legislature but never went into effect because of an immediate legal challenge that led to a federal appellate court blocking its enforcement. The law bans abortions if “the probable gestational age of the unborn human” is determined to be more than 15 weeks, with narrow exceptions for medical emergencies or “a severe fetal abnormality.”

WHAT IS THE DEBATE REGARDING ABORTION?

The abortion debate is the ongoing controversy surrounding the moral, legal, and religious status of induced abortion. The sides involved in the debate are the self-described “pro-choice” and “pro-life” movements.

• Pro-choice emphasizes the woman’s choice of whether to terminate a pregnancy.
• The pro-life position stresses the humanity of both the mother and foetus, arguing that a fetus is a human person deserving of legal protection.

Ethical questions raised

(1) The primary questions:

The moral debate about abortion deals with two separate questions:

• Is abortion morally wrong?
• Should abortion be legal or illegal?

(2) The secondary questions:

But those two questions don’t end the debate.If we conclude that abortion is not morally wrong, that doesn’t mean that it’s right to have an abortion; We need to ask whether having an abortion is the best thing (or least bad thing) to do in each particular case. If we conclude that abortion is morally wrong, that doesn’t mean that it’s always impermissible to have an abortion; we need to ask whether having an abortion is less wrong than the alternatives.

IMPACT OF THE JUDGEMENT?

• Regardless of what happens in the US, reproductive rights in other nations have always been insecure. It is a constant battle to increase and maintain abortion access due to the power of those who are opposed. This will continue even without the influence of the US.
• The fall of Roe is a significant boost to the global anti-abortion movement. It will encourage this movement to pursue additional routes to power and influence in other nations and pan-national organizations.

ABORTION LAWS IN OTHER COUNTRIES

In approximately 16 countries around the world, abortion is entirely prohibited and even criminalized. But several Catholic majority nations, such as Ireland and Mexico have decriminalized abortion in the last decade.

• France, the UK, Austria, Ethiopia, Italy, Spain, Iceland, Finland, Sweden, Norway, Switzerland and even Nepal allow for termination beyond 20 weeks on the diagnosis of foetal abnormalities.
• Some countries go beyond even these limits with laws in 23 countries-Canada, Germany, Vietnam, Denmark, Ghana, and Zambia-allowing for abortion at any time during the pregnancy at the request of the mother.
• In UK, abortions are allowed at up to 24 weeks, with abortion guidelines formulated by the Royal College of Obstetricians and Gynaecologists including procedures for termination of pregnancies older than 20 weeks. It also states that, in pregnancy older than 21 weeks and 6 days, an injection to cause foetal death is given before the foetus is evacuated.

ABORTION LAWS IN INDIA 

The nature of Indian Laws on Abortion (i.e Focused on Abortion or Population control):

The history of abortion rights in India is traced back to the Medical Termination of Pregnancy Act of 1971 (MTPA). It is often regarded as a landmark moment in India’s social legislation, opening the doors, as many would say, to social reform. The passage of the MTPA as early as the 1970s is frequently pitted against the West, wherein abortion rights continue to remain a debated issue. The politics surrounding the Act shows that it was less a product of the women’s movement in India and more of a means to control the expanding population of the country. The Act’s wording and the arguments made in its favour remains heavily criticized by Indian feminists.

Is Indian law based on the Pro-choice or Pro-life Approach?

• Abortion was a criminal offence according to Section 312 of the Indian Penal Code (IPC), 1860, carried on from the British legacy. It only allowed abortion in extreme emergency cases where the woman’s life was endangered.
• Voluntary abortion puts a woman in jail for three years. This changed in the 1960s when the government set up a committee led by Shantilal Shah 1964 to suggest changes in the abortion law of India. In 1971, upon the recommendations of the Shah Committee, the Parliament passed the Medical Termination of Pregnancy Act (MTP). It did legalize abortion, but with many conditions such as the pregnancy being a danger to life, when risk is involved in the birth of the child when pregnancy results from rape or depending upon the socio-economic context of the family. However, unmarried women could not abort their pregnancies if none of the criteria was met.
• In the MTP Amendment Act of 2021, one of the biggest changes was the inclusion of all women, whether married or unmarried and the increase in the limit of terminating pregnancies from 12 weeks to 20 weeks with advice from doctors and special categories where women could abort up to the 24th week.
• The pro-choice stance which has evolved in India shows a changing attitude towards women and their bodies. Most developed countries have legalized abortion, whereas a number of developing nations either have restrictive laws or completely banned abortion. India has become a beacon of progressive, liberal ideas among rising countries when developed countries like the US are regressing.

How did abortion laws come about in India?

• In the 1960s, in the wake of a high number of induced abortions taking place, the Union government ordered the constitution of the Shantilal Shah Committee to deliberate on the legalization of abortion in the country.
• In order to reduce maternal mortality owing to unsafe abortions, the Medical Termination of Pregnancy (MTP) Act was brought into force in 1971. This law is an exception to the Indian Penal Code (IPC) provisions of 312 and 313 and sets out the rules of how and when a medical abortion can be carried out.
• Under Section 312 of the IPC, a person who “voluntarily causes a woman with child to miscarry” is liable for punishment, attracting a jail term of up to three years or fine or both, unless it was done in good faith where the purpose was to save the life of the pregnant woman.
• This section effectively makes unconditional abortion illegal in India. Section 313 of the IPC states that a person who causes the miscarriage without the consent of the pregnant woman, whether or not she is in the advanced stages of her pregnancy, shall be punished with life imprisonment or a jail term that could extend to 10 years, as well as a fine.

How has the MTP Act evolved from 1971 to 2021?

• The latest amendment to the MTP Act was made in 2021. Before that, new rules were introduced in 2003 to allow the use of the newly discovered abortion medicine misoprostol to medically terminate a pregnancy up to seven weeks into it. Broader amendments to the original Act were introduced in 2020 and the amended Act came into force in September 2021.
• Under the Medical Termination of Pregnancy (Amendment) Act, 2021, abortion is permitted after medical opinion under stipulated circumstances. The 2021 Act increased the upper limit of the gestation period to which a woman can seek a medical abortion to 24 weeks from 20 weeks permitted in the 1971 Act. But this renewed upper limit can only be exercised in specific cases. Gestational age, calculated in weeks, is the medical term to describe how far along the pregnancy is and is measured from the first day of the woman’s last menstruation or period.

THE MEDICAL TERMINATION OF PREGNANCY (AMENDMENT) ACT, 2021

Under the 2021 Act, medical termination of pregnancy is permitted if it is backed by medical opinion and is being sought for at least one of the following reasons —

• If the continuation of the pregnancy would involve a risk to the life of the pregnant woman
• If its continuation would result in grave injury to the woman’s physical or mental health (if the pregnancy is a result of rape or failure of contraceptive used by the pregnant woman or her partner to limit the number of children or to prevent pregnancy, the anguish caused by its continuation would be considered to be a grave injury to the mental health of the pregnant woman)
• In the case of a substantial risk that if the child was born, it would suffer from a serious physical or mental abnormality

The pregnancy can be terminated up to 24 weeks of gestational age after the opinion of two registered medical practitioners under these conditions —

• If the woman is ​​either a survivor of sexual assault or rape or incest
• If she is a minor
• If her marital status has changed during the ongoing pregnancy (i.e. either widowhood or divorce)
• If she has major physical disabilities or is mentally ill
• On the grounds of foetal malformation incompatible with life or if the child is born, it would be seriously handicapped
• If the woman is in humanitarian setting or disaster, or emergency situation as declared by the government
• Besides, if the pregnancy has to be terminated beyond the 24-week gestational age, it can only be done on the grounds of foetal abnormalities if a four-member Medical Board, as set up in each State under the Act, gives permission to do so.
• The law, notwithstanding any of the above conditions, also provides that where it is immediately necessary to save the life of the pregnant woman, abortion can be carried out at any time by a single registered medical practitioner.
• Under the 2021 Act, Unmarried women can also access abortion under the above-mentioned conditions because it does not mention the requirement of spousal consent. If the woman is a minor, however, the consent of a guardian is required.

 IS TERMINATING A PREGNANCY A CRIMINAL OFFENCE IN INDIA?

• Voluntarily terminating a pregnancy is a criminal offence under the Indian Penal Code, 1860 (IPC). The Medical Termination of Pregnancy Act of 1971 authorizes medical doctors (with specific specialization) to abort a pregnancy on certain grounds. Pregnancy can be terminated at any time up to 12 weeks if one doctor agrees and up to 20 weeks if two doctors agree. Only where the pregnancy’s continuation will endanger the pregnant woman’s life, cause grave harm to her mental or physical health (including rape and refusal to utilize birth control), or result in foetal abnormalities is it permissible to terminate the pregnancy. Termination is also permitted at any time during the pregnancy if it is necessary to save the life of the woman concerned.
• MTPA 2021 alters the MTPA 1971 to raise the upper limit for abortion from 20 to 24 weeks for certain types of women, removes the limit in cases of significant foetal abnormalities, and establishes state-level Medical Boards. According to Bill’s Statement of Objects and Reasons, multiple cases have been brought in the Supreme Court and different High Courts requesting authorization to terminate pregnancies at stages beyond the Act’s 20-week restriction based on foetal abnormalities or pregnancies in cases of rape. It also adds that as medical technology advances, the maximum limit for terminating pregnancies may be raised, particularly for vulnerable women.

ISSUES IN THE PRESENT LAW

• The MTP Act, first enacted in 1971 and then amended in 2021, certainly makes ‘medical termination of pregnancy’ legal in India under specific conditions. However, this Act is framed from a legal standpoint to primarily protect medical practitioners because under the Indian Penal Code, “induced miscarriage” is a criminal offence.
• This premise points to a lack of choice and bodily autonomy of women and rests the decision of abortion solely on the doctor’s opinion. The MTP Act also only mentions ‘pregnant woman’, thus failing to recognize that transgender persons and others who do not identify as women can become pregnant.
• As the law does not permit abortion at will, critics say that it pushes women to access illicit abortions under unsafe conditions. Statistics put the annual number of unsafe and illegal abortions performed in India at 8,00,000, many of them resulting in maternal mortality.
• The acceptance of abortion in Indian society is situated in the context of population control and family planning. But, most importantly, after more than 50 years of the MTP Act, women and transgender persons face major obstacles in accessing safe abortion care.

These are seven examples:

1. They may not even be aware that abortion is legal or know where to obtain one safely;
2. Since the MTP Act does not recognize abortion as a choice, they need the approval of medical professionals even in the first few weeks of the pregnancy;
3. Unmarried and transgender people continue to face stigma and can be turned away from health facilities, forcing them to resort to unsafe care;
4. Fourth, mandatory reporting requirements under the Protection of Children from Sexual Offences Bill (POCSO), 2011 law against child sexual offences, impact privacy and hinder access of adolescents to safe abortion services;
5. Many are still coerced into agreeing to a permanent or long-term contraceptive method as a prerequisite for getting abortion services;
6. Health-care providers may impose their own morality by insisting on ‘husbands’ or ‘parental’ consent for abortion. Even women seeking abortion care in health facilities are often mistreated and not provided medications for pain relief;
7. Despite laws prohibiting sex determination, the illegal practice persists. The mushrooming of unregulated ultrasound clinics in India continues to facilitate the illegal practice of sex determination, resulting in unsafe abortions and female foeticide.

JUDICIAL INTERVENTIONS IN CASES OF ABORTIONS

• In the landmark 2017 Right to Privacy judgement in the Justice K.S. Puttaswamy v. Union of India and others, the Supreme Court had held that the decision by a pregnant person on whether to continue a pregnancy or not is part of such a person’s right to privacy as well and, therefore, the right to life and personal liberty under Article 21 of the Constitution.
• Several women annually approach the apex court and High Courts when medical boards reject their application to access MTP beyond the gestational upper limit (now 24 weeks), seeking permission to abort a pregnancy, mostly in cases where it is a result of sexual assault or when there is a foetal abnormality.

WHAT ARE THE CRITICISMS AGAINST THE ABORTION LAW IN INDIA?

• According to a 2018 study in the Lancet, 15.6 million abortions were accessed every year in India as of 2015. The MTP Act requires abortion to be performed only by doctors with specialization in gynaecology or obstetrics. However, the Ministry of Health and Family Welfare’s 2019-20 report on Rural Health Statistics indicates that there is a 70% shortage of obstetrician-gynaecologists in rural India.
• As the law does not permit abortion at will, critics say that it pushes women to access illicit abortions under unsafe conditions. Statistics put the annual number of unsafe and illegal abortions performed in India at 8,00,000, many of them resulting in maternal mortality.

THE WAY FORWARD

• Rolling back the right to abortion is like rolling back modernity. Without legally accessible and medically safe abortions, women would be in greater danger and have much harder lives. It pushes women into an unsafe dark zone if faced with an unwanted pregnancy where forced motherhood could alter the very trajectory of their life.
• In Justice K.S. Puttaswamy (Retd.) vs. the Union Of India And Others (2017), the court recognized the constitutional right of women to make reproductive choices as a part of personal liberty under Article 21 of the Indian Constitution, which, despite laying a robust jurisprudence on reproductive rights and the privacy of a woman, does not translate into a fundamental shift in power from the doctor to the woman seeking an abortion.
• The government needs to ensure that all norms and standardized protocols in clinical practice to facilitate abortions are followed in health care institutions across the country.
• Along with that, the question of abortion needs to be decided on the basis of human rights, the principles of solid science, and in step with advancements in technology.

THE CONCLUSION: There is an urgent need in our country to shift the discourse on abortions from just being a family planning and maternal health issue to one of sexual health and reproductive rights issue. The situation in India shows that one law alone is insufficient and we must raise the bar on reproductive justice. We must improve our health systems to ensure good quality and respectful abortion care. As the focus on abortion rights in the US rages, we call upon all to self-reflect and to stand in solidarity with people in the US and other places where reproductive rights are in jeopardy. Reproductive injustice anywhere is a threat to the lives of people everywhere.

QUESTION FOR MAINS EXAMINATION:

1. Critically analyze the Medical Termination of Pregnancy(MTP) (Amendment) Act, 2021.
2. In the light of the recent judgement of the USA Supreme Court on abortion. Discuss the pro-life and pro-choice angles on abortion.

THE CONTEXT: The Centre for Monitoring Indian Economy (CMIE) reported that the labour participation rate of rural women was 9.92% in March 2022 compared to 24% for men.According to CMIE, millions who left the labour market stopped looking for employment “possibly [because they were]too disappointed with their failure to get a job and believed that there were no jobs available. In this write-up, we will analyse in detail the status of women workers and their issues.

SCENARIO OF WOMEN’S WORKFORCE PARTICIPATION

• Only 18.6% of working-age women in India participate in the labour force, three times lower than men, says the Periodic Labour Force Survey (PLFS) 2020.
• According to the World Bank, Indian women’s participation in the formal economy is among the lowest in the world—only parts of the Arab world fare worse. Even as the economy has grown, educational attainment has increased, fertility rates have fallen, and women are not participating in the formal economy. In fact, their participation is declining.
• In some places, the presence of women is appreciable; for instance, female participation in projects under the Mahatma Gandhi National Rural Employment Guarantee Scheme is about 50%.
• India also boasts of the highest share of female airline pilots at 15%, while the world average is barely 5%.
• Also, not too long ago, half of India’s banking assets were under institutions headed by women.
• Despite this, the participation of women in the workforce in India has still remained low. India’s female LFPR is now among the world’s lowest at around 20%, on par with countries like Saudi Arabia. As per a report by the International Labour Organisation, India ranks 121 out of 131 countries on female LFPR.

CHALLENGES FACED BY WOMEN WORKERS

MECHANIZATION OF RURAL ECONOMY

• With the arrival of hi-tech machines in the agriculture sector, operations have become less labour intensive and resulted in a decrease in working days to less than 3 months/year.
• It forced many rural women to migrate and become part-time construction workers.

ABSENCE OF PAY PARITY

• In the field of manual labour work, women are being paid less than men in terms of piece-rate due to physical constraints in lifting heavy weights.
• One particular project in the Kalaburagi district of Karnataka focuses on the creation of percolation ponds.
• Since the digging of ponds required lifting about 3,000 kg of mud a day and women were not able to meet the targets, they did not get the piece rate of ₹309; they got only ₹280 to ₹285

DISCRIMINATION AT WORKPLACE

• Indian women still face blatant discrimination at their workplaces. They are often deprived of promotions and growth opportunities at workplaces but this doesn’t apply to all working women.
• A majority of working women continue to be denied their right to equal pay, under the Equal Remuneration Act, 1976 and are underpaid in comparison to their male colleagues. This is usually the case in factories and labour-oriented industries.

LIMITATION OF MGNREGA

• The Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA), a labour demand-driven programme, is limited to providing only 100 days of paid labour on public works projects per year.
• For the rest of the period, women workers have to continuously look for alternative sources of income to meet expenses

SEXUAL HARASSMENT

• Most of working women are prone to sexual harassment irrespective of their status, personal characteristics and the types of their employment. They face sexual harassment on way on transport, at workplaces, educational institutions and hospitals, at home and even in police stations when they go to file complaints.
• It is shocking that the law protectors are violating and outraging the modesty of women. Most of the women tend to be concentrated in poor service jobs whereas men are in an immediate supervisory position, which gives them an opportunity to exploit their subordinate women.

LACK OF NUTRITIOUS FOOD

• The high prices of essential commodities have led to a huge cut in women’s consumption of vegetables and pulses.
• The deprivation of nourishment that women face due to high prices and low incomes is another dimension of the ‘compulsory’ woman worker’s life.
• Due to a patriarchal society, boys are given relatively more nutritious food as they are deemed breadwinners of the family, especially if the family is poor and is not in a position to provide nutritious food to all the children.

REASONS FOR DECLINING WOMEN’S EMPLOYMENT IN INDIA

OCCUPATIONAL SEGREGATION

• Between 1977 and 2017, India’s economy witnessed a surge in the contribution of services Between 1977 and 2017, India’s economy witnessed a surge in the contribution of services (39 percent to 53 percent) and industry (33 percent to 27 percent) to GDP. The proportion of rural men employed in agriculture fell from 80.6 percent to 53.2 percent, but rural women only decreased from 88.1 percent to 71.7 percent (NSSO data). Between 1994-2010, women received less than 19 percent of new employment opportunities generated in India’s 10 fastest-growing occupations and industries (33 percent to 27 percent) to GDP.
• The proportion of rural men employed in agriculture fell from 80.6 percent to 53.2 percent, but rural women only decreased from 88.1 percent to 71.7 percent (NSSO data). Between 1994-2010, women received less than 19 percent of new employment opportunities generated in India’s 10 fastest-growing occupations.

INCREASED MECHANISATION

• In agriculture, and as the use of seed drillers, harvesters, threshers and husking equipment increased, men displaced women. In textiles, power looms, button stitching machines and textile machinery phased out women’s labour.
• Nearly 12 million Indian women could lose their jobs by 2030 owing to automation, according to a McKinsey Global Institute report.

GENDER GAPS IN HIGHER EDUCATION AND SKILL TRAINING

• Tertiary-level female enrolment rose from 2 percent in 1971 to only 30 percent in 2019 (World Bank data). As of 2018-19, only 2 percent of working-age women received formal vocational training, of which 47 percent did not join the labour force (NSSO, 2018-19).
• Consequently, women form only 17 percent of cloud computing, 20 percent of engineering, and 24 percent of data/artificial intelligence jobs (WEF, 2020).

SOCIAL NORMS

• Unpaid care work continues to be a women’s responsibility, with women spending on average five hours per day on domestic work, vs. 30 minutes for men (NSSO, 2019).
• Women face inordinate mobility restrictions such that only 54 percent can go to a nearby market alone (NFHS, 2015-16). Women regularly sacrifice wages, career progression, and education opportunities to meet family responsibilities, safety considerations, and other restrictions.

IMPORTANCE OF WOMEN IN THE WORKFORCE FOR INDIA

IMF:According to the International Monetary Fund, India’s GDP might grow by 27% if the proportion of women working equals that of males.

Micro-level:

• They are more financially self-sufficient and have more control over their life.
• They will not succumb to physical or emotional assault.
• They will take care of themselves when it comes to social concerns and pressures.

Macro-level:

• Good for the economy.
• According to a 2016 analysis by the McKinsey Global Institute, attaining gender parity in India might add $700 billion to the global GDP.
• Because women contribute fresh abilities to the office, the benefits of adding women to the workforce in terms of productivity and growth are numerous.
• Men’s salaries will rise as a result of the increased participation of women in the work field, as productivity rises.
• Women contribute to the creation of exciting work culture by creating healthy competition, teamwork, and camaraderie, and thereby assisting the organisation in reaching its full potential.

STEPS TAKEN BY THE GOVERNMENT TO IMPROVE WOMEN’S LABOUR FORCE PARTICIPATION

LEGAL PROVISIONS

• The Equal Remuneration Act, 1976 provides for payment of equal remuneration to men and women workers for the same work or work of similar nature without any discrimination. Further, under the provisions of the Minimum Wages Act, 1948, the wages fixed by the appropriate Government are equally applicable to both male and female workers and the Act does not discriminate on the basis of gender.
• The government has targeted the issue by taking various prominent steps to increase the female labour participation rate which includes the enactment of the Maternity Benefit (Amendment) Act, 2017 which provides for enhancement in paid maternity leave from 12 weeks to 26 weeks and provisions for mandatory crèche facility in the establishments having 50 or more employees.

e-Shram portal

• The Ministry of Labour and Employment launched the e-Shram portal.
• The aim is to register 38 crore unorganised workers such as construction labourers, migrant workforce, street vendors, and domestic workers, among others.
• If a worker is registered on the e-shram portal and meets with an accident, he will be eligible for Rs 2.0 Lakh on death or permanent disability and Rs 1.0 lakh on partial disability.

The Mahila Kisan Sashaktikaran Pariyojana (MKSP)

• The Ministry of Rural Development launched MKSP in 2011.
• The aim is to impart skill development and capacity-building programmes for rural women.
• This scheme was introduced as a sub-component of DAY-NRLM (Deendayal Antyodaya Yojana — National Rural Livelihoods Mission) and implemented through State Rural Livelihoods Mission (SRLM) across India.
• Under the DAY-NRLM scheme, training on the use of the latest agriculture, allied techniques, and agro-ecological best practices are being imparted to women farmers through the community resource persons and extension agencies.

Biotech-Krishi Innovation Science Application Network (Biotech-KISAN) Programme

• The Department of Biotechnology (DBT) under the Ministry of Science and Technology initiated the Biotech-KISAN Programme.
• It provides scientific solutions to farmers in the northeast region to link available innovative agriculture technologies to the farm with the small and marginal farmers, especially women farmers of the region.

Pradhan Mantri Kaushal Vikas Yojana (PMKVY)

• The Ministry of Skill Development and Entrepreneurship implemented PMKVY in 2015.
• It provides several short-duration skill training programmes viz. Short-Term Training (STT) and Recognition of Prior Learning (RPL), etc. for rural youth and women to earn their livelihood. Government schemes viz.
• The Deen Dayal Upadhyaya Grameen Kaushalya Yojana (DDU-GKY) is a placement-linked skill development program for wage employment for rural youth.

 THE WAY FORWARD:

SYSTEMIC CHANGES NEEDED

• Government has to make an all-out effort to enrol more and more girls in primary education while arresting the high dropout rates among female students, this will enhance female education, which in turn will help more women to become part of the workforce when they enter the working age.
• The government has so far looked at female social security from the lens of the organised sector, which is very narrow,  Focus should be to enhance social security, including medical benefits, health insurance and old-age benefits through a gender-oriented universal social security.

PROVIDING SKILL TRAINING

• Skill training of women in job roles aligned to the gig, platform and care sectors as well as other emerging sectors such as those covered under the Production-Linked Incentive Scheme needs to be encouraged.
• Online skill training can also be beneficial to women who face constraints in physical mobility due to social norms, domestic responsibilities or concerns over safety.
• We need training programmes with well-defined outcomes for women’s digital access and to mentor them to take up employment opportunities in emerging sectors.

MORE INVESTMENTS

• Greater investment in better health and care facilities would not only improve the well-being of India’s people and hence their economic productivity but will also lead to more employment opportunities for women.
• The ILO Report on Care Work and Care Jobs for the Future of Decent Work: Key findings in Asia and the Pacific (2018) indicated that increasing investment in the care economy has the potential to generate a total of 69 million jobs in India by 2030.
• Enabling women to acquire both physical assets (through credit facilities, revolving funds, etc.) and employable skills is crucial for them to take up employment opportunities in new and emerging sectors.

MINIMUM WAGES

• There should be strict implementation of minimum wages with piece rates fixed for different types of women’s labour.

BRINGING WOMEN INTO LEADERSHIP ROLE.

• Subdued gender participation emanates from social-economic issues, which can be treated by bringing behavioural change. This can be changed if more women are given leadership positions.
• Thus, there is a need to ensure equal representation– from company boards to parliaments, from higher education to public institutions — through special measures and quotas.

IMBIBING GENDER EQUALITY

• There is a need to remove barriers to women’s full inclusion in the economy, including through access to the labour market, property rights and targeted credit and investments.
• Women-oriented government initiatives such as Beti Bachao Beti Padhao, and Knowledge Involvement in Research Advancement through Nurturing (KIRAN) Scheme, represent steps in the right direction.

MGNREGA STANDARDS

• The performance standards set under MGNREGA should be established gender-wise and the work sites made more worker-friendly.
• The ‘compulsory’ woman worker must be recognised and protected by laws and policies that address her issues.

 THE CONCLUSION: Recognising the role of women will lead to a more egalitarian society. Even though there has been a significant change observed in the sharing of gender roles, there is an urgent need for reducing and redistributing unpaid work. Governments can play an important role in doing so. Change in the social and cultural setup is also important so that the burden reduces on those who are provided with the sole responsibility of carrying out unpaid work. Concerted efforts towards ensuring enabling conditions for women to be employed including transport, safety, and women’s hostels along with social security provisions for all in the form of maternity benefits and child care arrangements are required for providing a level playing field for women entering the labour market.

QUESTION FOR MAINS EXAMINATION:

1. “Increasing Female LFPR in India is crucial not just to achieve economic growth but also to promote inclusive growth and achieve the Sustainable Development Goals”. Comment.
2. Women’s labour force participation in India is continuously on a declining trend and is a cause for concern in achieving India’s developmental aspirations. Analyse the reasons for the decline and suggest measures to improve the condition.
3. Despite the government’s continuous efforts to uplift women’s status in the rural economy, the traditional struggle for women to perform temporary jobs at a lower wage rate still prevails. Discuss.