THE CONTEXT:  MPLAD scheme was introduced in 1993. The purpose of the Scheme was to enable MPs to create durable assets based on local requirements of their respective constituencies. The Scheme is administered as per guidelines issued from time to time. Revised guidelines has been issued on March 14 2023, is based on the experience gained over nearly 30 years. This article analyses various aspects related to the MPLAD scheme.

ABOUT MPLAD SCHEME

• The MPLAD Scheme is a Central Sector Scheme fully funded by the Government of India. This Scheme was announced on December 23, 1993
• In 1993-94, when the Scheme was launched, each Member of Parliament was allocated an amount of Rs. 5 (five) lakh per annum, which was enhanced to Rs.1 (One) crore per annum in 1994-95, and further to Rs. 2 (two) crore per annum in 1998-99 and it is currently fixed at Rs. 5 (five) crore per annum w.e.f. the financial year 2011-12.
• In the wake of the COVID pandemic, MPLADS was suspended from April 6, 2020 to November 9, 2021, and no funds were allocated to the Scheme for FY 2020-21. For the balance period of FY 2021-22, i.e., from November 10, 2021 to March 31, 2022, Rs. 2 Crore was allocated under the Scheme for each Member of Parliament.
• Lok Sabha Members can recommend works within their Constituencies and Elected Members of Rajya Sabha can recommend works within the State of Election (with select exceptions). Nominated Members of both the Rajya Sabha and Lok Sabha can recommend works anywhere in the country.
• MPs are to recommend every year, works costing at least 15 per cent of the MPLADS entitlement for the year for areas inhabited by Scheduled Caste population and 7.5 per cent for areas inhabited by ST population.
• The funds under MPLADS are non-lapsable both at the end of the Union Government and at the end of the District Authority. The unspent balances of a particular year are utilized in the subsequent year(s).

IMPLEMENTATION OF THE SCHEME

• A Member of Parliament shall give his/ her choice of Nodal District in a prescribed format to the Ministry of Statistics and Programme Implementation with copy to the State Government and to the District Magistrate of the chosen District.
• The annual entitlement of Rs 5 crore shall be released, in two equal instalments of Rs 2.5 crore each, by Government of India directly to the District Authority of the Nodal District of the Member of Parliament concerned.
• Each MP shall recommend eligible work on the MP’s letter head duly signed by the MP to the district authority.
• The District Authority shall identify the Implementing Agency capable of executing the eligible work qualitatively, timely and satisfactorily. It shall be responsible for timely and effective implementation of such works. All recommended eligible works should be sanctioned within 75 days from the date of receipt of the recommendation, after completing all formalities. The District Authority shall, however, inform MPs regarding rejection, if any, within 45 days from the date of receipt of recommendations, with reasons thereof.
• MPLAD Scheme can be converged in individual/stand-alone projects of other Central and State Government schemes provided such works of Central/State Governments Schemes are eligible under MPLADS. Funds from local bodies can similarly also be pooled with MPLADS works. Wherever such pooling is done, funds from other scheme sources should be used first and the MPLADS funds should be released later, so that MPLADS fund results in completion of the project.
• As soon as a work under the Scheme is completed, it should be put to public use. For greater public awareness, for all works executed under MPLADS a plaque (stone/metal) carrying the inscription ‘Member of Parliament Local Area Development Scheme Work’ indicating the cost involved, the commencement, completion and inauguration date and the name of the MP sponsoring the project should be permanently erected.

BENEFITS OF THE SCHEME

• Creation of the Durable assets: The entire population across the country stands to benefit through the creation of durable assets (at local level) like drinking water, education, public health, sanitation and roads etc, under MPLAD Scheme.
• Rural empowerment: Under the Scheme, over 19 lakh projects worth Rs 45,000 crore had been sanctioned, of which 82% of the projects have been in rural areas.
• Address the resource Crunch in District: Utilising MPLADS funds for priority areas will help in addressing, partly, the resource crunch of the districts.
• Collaborative synergies: It also helps pave the way for the much-needed collaborative synergies between the political representative and the administration on the ground to augment basic health care facilities in rural areas.
• Strengthen the Confidence of people in elected representatives: MPLADS not only address the human capital needs of rural societies at large — but also restore the faith and confidence of citizens in their elected leaders.

ISSUES RELATED TO THE MPLAD

• Corruption:  There have been cases of widespread corruption and misappropriation of funds. In a lot of cases, private contractors (which are not permitted) are engaged to implement the works. Also, there have been instances where expenditure has been incurred on works which are prohibited under the Scheme.
  1. It is widely alleged that MPs use these funds and get a percentage as commission.
  2. The MPs are alleged to use this avenue to enrich themselves. There seems to be no local development but only self-development of MPs.
• Funding:  There are large amounts of unspent balances rising over the years, as the Comptroller and Auditor General of India observed that there is low utilisation of funds and an expenditure bias towards a particular sector.
• Administration of the Scheme: There were many lacunas in the administration of the Scheme at the ground level and often the MPs have deviated from the original purpose of the Scheme. MPLAD funds were mostly underutilised and misused. Reports from the Comptroller and Auditor General (CAG) list out various lapses in the implementation of the Scheme. The CAG observed flouting of rules and corruption while implementing the Scheme.
•  Delivery: There are weaknesses in the process of sanction. The District Authorities tend to execute works without receiving any recommendations from MPs concerned or on the recommendation of the representatives of the MPs rather than the MPs themselves.
• Lapses on the monitoring and supervision front: District Authorities failing to inspect the required number of sanctioned works as well as in sending regular monitoring reports.
• Sustainability of the Scheme:  There have been charges that the Scheme goes against the spirit of the 73rd and the 74th Amendment, with MPs enjoying the privilege of an uninterrupted yearly flow of funds to do the work that local bodies are better placed to deliver. The constitutionality of the Scheme has also been questioned as 2nd ARC stated that Scheme erodes the notion of separation of powers, as the legislator directly becomes the executive.
• Lack of Data to the MPs: Lack of adequate information available to MPs, which sometimes leads to a disproportionately large amount of money flowing into one district. There also seems to be an absence of a proper mechanism to ensure constituent participation in order to determine locally felt needs, leaving open the possibility of a small group, having easy access to the MPs, impressing upon him to recommend works according to their needs.
• Handing over of assets and assets not put to use : The Scheme mandates that as soon as a work is completed, it should be transferred to the user agency for public use. Out of the 15,049 sample works created during 2004-09, handing over was not on record for 14,828 cases, which is 98.53 per cent of the works created.
• Use of funds to woo voters: A study published in 2017 shows that during the period from 2009 to 2014, MPs irrespective of party ideology, spent less in the beginning of the term. Majority of the unspent balance and new funds were spent in the last year of the term. This enables them to spend the amount just before the general election to woo the voters with some pet scheme.

Best Practices

• ‘One MP-One Idea’ competition initiated in Kottayam Lok Sabha constituency;’
• In this three most innovative ideas from the local people on development projects will be awarded cash prizes.
• The objective of the initiative is to ensure development through people’s participation. The best project idea will get a cash award of `2.5 lakh and second and third winners will get `1.5 lakh and `1 lakh through the MP’s local area development (MPLAD) funds.

THE WAY FORWARD

• Regular Monitoring: There is a need for a greater focus on regular monitoring by the District Authorities. The practice of random inspections by the District Authority, both before the release of the second instalment and after the completion of the work, is a good practice followed in Varanasi.
• Assessing the need of the People: In order to better assess the needs of the constituents, surveys can be conducted across the constituency. For this purpose, NGOs and local community can be involved. Once the needs of the constituency are determined, implementation can be linked to what’s needed.

• Assessment of the Scheme:  For the Scheme to be more effective, an impact assessment study should be undertaken at the constituency level, on a yearly basis, to assess the benefits of the works implemented to the community at large.
• Making the fund lapsable: To tackle the issue of large unspent balances which have accumulated and are rising over the years, funds can be made lapsable. This way funds lying unused can be put to other uses.

THE CONCLUSION: MPLAD scheme is a unique scheme however it has faced various lacunae in the Scheme. Thus, there is a need to improve the functioning of the MPLAD Scheme so that more efficient use of the funds can be ensured. With more efficient use of the Scheme, the bonding of the elected representative and people will increase thereby strengthening the democratic system which is the core feature of the political system of the country.

THE CONTEXT: The Supreme Court recently asked the Union Government to defend the law that allows hanging by the neck as a mode of execution. A bench led by the Chief Justice of India (CJI is essentially contemplating over whether there can be a more humane and dignified way of executing the death penalty. The following article intends to analyse the provisions for the death penalty in India from UPSC perspective.

CAPITAL PUNISHMENT: THE CASE IN QUESTION

• In 2017, an advocate, filed a public interest petition (PIL) seeking a more dignified way to execute the capital punishment. He argued that a convict whose life has to end because of the conviction and the sentence should not be compelled to suffer the pain of hanging.
• The plea in the PIL challenged the constitutional validity of Section 354(5) of the Code of Criminal Procedure (CrPC), 1973. This provision reads: “When any person is sentenced to death, the sentence shall direct that he be hanged by the neck till he is dead.”
• The SC had agreed to hear the 2017 PIL, and had issued notice to the Centre. Court records show that in January 2018, the Centre filed an affidavit defending the current position of law, but the case had not been listed since then.

CAPITAL PUNISHMENT: A HISTORICAL PRACTICE IN INDIA

• The necessity of the death penalty has been beautifully demonstrated by Kalidas. Historical and mythological epics like the Ramayana and Mahabharata have also asserted the need for the death penalty by stating that the king’s highest priority is to keep society safe from threats of all kinds, which can be done by putting the wrongdoer to death. In addition, both Katyayana and Brahaspati supported the death penalty.
• Even during the time of the Buddha, when Ahimsa was the code of conduct, Ashoka did not think that the death penalty was unjust. The fundamental tenets of the Dand Niti in India were deterrence and mental health. The notions of social security and non-correctional philosophy are undeniably prevalent in the Hindu criminal justice system.
• Manu has made excellent notes of both the objective and subjective conditions. Manu Smriti, a famous work of Manu, portrays the crime and the perpetrator’s weakness. Kautilya also discussed the death penalty in his writings because, in his view, it is an essential tool for ensuring public safety.

CAPITAL PUNISHMENT IN INDIA: CONSTITUTIONAL AND LEGAL PROVISIONS

• Article 21 of the Constitution of India guarantees the right to life and personal liberty to every citizen, but it also provides an exception in the case of the death penalty. The article states that a person can be deprived of their life only in accordance with the procedure established by law.
• Section 354(3) of the Code of Criminal Procedure (CrPC) provides a method to execute the death penalty, i.e., “Hanging by the neck until dead.” Also, this provision states that “When the conviction is for an offence punishable with death or, in the alternative, with imprisonment for life or imprisonment for a term of years, the judgment shall state the reasons for the sentence awarded, and, in the case of sentence of death, the special reasons for such sentence.” Capital punishment, also known as the death penalty, is awarded in the rarest of the rare cases.
• The Indian Penal Code (IPC) provides for the death penalty as a punishment for certain offenses such as murder (section 302), terrorism (section 121), waging war against the Government of India (section 121A), abatement of mutiny (Section 132) and certain acts of piracy (section 364A). The IPC also provides for the death penalty in cases of repeat offenses of rape and other sexual offenses under the Protection of Children from Sexual Offences (POCSO) Act.
• The Commission of Sati (Prevention) Act, 1987: Any person involved in the commission of Sati directly or indirectly is subject to the death penalty under The Commission of Sati (Prevention) Act, 1987.
• Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985: Based on previous convictions, Section 31A of the NDPS Act has introduced the death penalty for providing financial support or taking part in the production or sale of narcotics or psychoactive substances in a predetermined amount (e.g., opium 10 kg, cocaine 500 grammes).
• The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989: Forging evidence that leads to the conviction and execution of an innocent member of a scheduled caste or tribe is punishable by death under the Act.
• Army Act, 1950; Air Force Act, 1950 and Navy Act, 1957: Various offences committed by members of the military forces under military laws like the Army Act, 1950; Air Force Act, 1950, and Navy Act, 1957, may also be punishable by death.

CATEGORY OF OFFENDERS EXEMPTED FROM CAPITAL PUNISHMENT IN INDIA

• Minors: According to Indian laws, a person who committed a crime while still a minor, that is, before the age of 18, cannot be executed. The lawmakers decided to include minors in the group of offenders exempted from the death penalty because they thought that anyone who hasn’t reached adulthood has room for improvement and might be able to learn from his mistakes by being given the right environment and education.
• Pregnant woman: Pregnant women were added to the list of criminals who are excluded from the death penalty. According to Section 416 of the CrPC, if the high court finds that a woman who has been awarded the death sentence is pregnant then such sentence can be postponed or commuted to life imprisonment.
• Intellectually disabled: According to the law, anyone who is intellectually disabled or challenged may fall under the category of offenders who are exempted from the death penalty. If a person committing a serious crime is unable to comprehend the nature and consequences of their actions, this is sometimes referred to as having an intellectual disability.

CAPITAL PUNISHMENT: KEY FACTS

• After independence, Godse was the first person to be executed in India by the death penalty in the case of Mahatma Gandhi. India’s Supreme Court suggested the death penalty should only be imposed on the rarest of rare cases in India.
• As per the “Death Penalty in India: Annual Statistics 2022” report of Project 39A of National Law University (NLU):
  • Even as the Supreme Court called for reforming death penalty sentencing, the year 2022 saw 165 death sentences handed out by trial courts, the highest in over two decades.
  • Among the 165 death sentences handed out in 2022, 51.28% of cases involved crimes related to sexual violence.
• At the end of 2021, more than two thirds of the world’s countries had abolished the death penalty in law or practice. 108 countries, a majority of the world’s states, had abolished the death penalty in law for all crimes.

CAPITAL PUNISHMENT: SOME LANDMARK JUDGEMENTS

• Jagmohan Singh V/s State of UP (1973):
  • The Supreme Court held that according to Article 21, deprivation of life is constitutionally permissible if that is done according to the procedure established by law.
• Bachan Singh v/s. State of Punjab (1980):
  • This Case may be a corner judgment given by 5 judges Bench of the Hon’ble Supreme Court. In this case Supreme Court pointed out some important limitations on the prosecution by setting the rarest of the rare doctrine. The Supreme Court said:
  • A real and abiding concern for the quality of mortal life presuppositions resistance to taking a life through law’s machinery. That ought not to be done except in rarest or the rare cases where the choice opinion is clearly foreclosed.
• Machhi Singh V/s State of Punjab (1983):
  • The Supreme Court outlined certain factors that determine whether a case should be considered rarest of rare. The Supreme Court listed the two questions that need to be answered prior to the imposition of the death sentence on individual cases.
  • Firstly, is the offence committed so exceptional that there is no scope for awarding any other sentence.
  • Secondly, even when weightage is accorded to the mitigating circumstances does the circumstances still warrant the death penalty.
• Shatrughan Chauhan & Anr v. Union of India (2014):
  • The Supreme Court while commuting the death sentence of all 15 convicts into life imprisonment held that undue, inordinate and unreasonable delay in disposing of the mercy petition is in itself a sufficient ground to entitle the convict to pray for commutation. The delay in rejecting the mercy plea by the President amounts to torture and is a clear violation of Article 21 of the convicts’ rights.
• Shabnam v/s State of Uttar Pradesh (2015):
  • This case is a historical case because Shabnam will be the first women after independence who has got the punishment of death penalty.
  • Shabnam and Saleem, both in their 20s also, were condemned of killing seven members of Shabnam’s family. With all of them gone, she’d have been the sole inheritor to the family property. They were arrested five days latterly. At that point, Shabnam was 7 weeks pregnant. In December that time, she gave birth to a son, Mohammad Taj. He’s presently living with Shabnam’s council inferior Usman Saifi and his woman.
• Mukesh and Anr v/s NCT Delhi (2017):
  • On 5 May 2017, the Supreme Court rejected the convicts appeal and saying that they had committed a barbaric crime that had shaken society’s heart, the court upheld the death judgment of the four who had been charged with the murder. The verdict was well entered by the family of the victim and the civil society.

CAPITAL PUNISHMENT: ARGUMENTS FOR AND AGAINST

ARGUMENTS IN FAVOUR

• Deterrence: One of the main arguments in favour of the death penalty is that it serves as a deterrent to would-be offenders. Proponents of capital punishment argue that the fear of being executed can deter individuals from committing serious crimes such as murder, terrorism, and treason.
• Retribution: Another argument in favour of the death penalty is that it serves as a form of retribution as it provides a sense of closure and justice for the victim’s family.
  • The supporters sometimes mention that “an eye for an eye” is appropriate, the punishment should match the crime, and the penalty should be a moral response to the crime.
• Article 21 of the Indian Constitution adds that no person shall be deprived of his life or personal liberty except according to procedure established by law.
  • This has been legally construed to mean if there is a procedure, which is fair and valid, then the state by framing a law can deprive a person of his life.
• Justice: Supporters of capital punishment believe that the death penalty is a just punishment for heinous crimes such as murder, terrorism, and treason.
• Cost-effective: Proponents of the death penalty argue that it is a cost-effective way of dealing with serious crimes. They argue that keeping offenders in prison for life is more expensive than carrying out an execution.
  • This can be seen in debates surrounding the hanging of 26/11 terrorist Ajmal Kasab.
• Public opinion: Death penalty is supported by a majority of the Indian population, and that it reflects the collective will of the people. Abolishing the death penalty would go against the wishes of the people.
  • This was visible during Nirbhaya and Hyderabad rape cases. Also, a nation-wide survey conducted for public opinion in 2017 had 70% votes in favour of capital punishment.
• According to Amnesty International, 55 countries around the world have the death sentence on the books. While death by hanging is still the most prevalent form of execution, other modes are followed in some countries.

ARGUMENTS AGAINST

• Against reformative theory of justice: It is a perspective that emphasizes the rehabilitation and reform of offenders as the primary goal of the criminal justice system. According to this theory, the primary purpose of punishment is not to inflict retribution on offenders or to deter others from committing crimes but to help offenders change their behaviour and become law-abiding citizens.
• Human rights: Opponents of the death penalty argue that it violates the right to life, which is enshrined in the Indian Constitution and international human rights law.
• Discrimination: Critics of capital punishment argue that it is applied disproportionately to marginalized communities and economically disadvantaged individuals, who may not have access to competent legal representation.
  • According to the national figures, 74.1% of the prisoners sentenced to death in India are economically vulnerable according to their occupation and landholding and most death row prisoners belong to the lower strata of society.
• Ineffectiveness: Opponents of the death penalty argue that it is not an effective deterrent to crime.
  • For example, death has been prescribed in rape cases since 2013 (Sec. 376A of IPC), still, rapes continue to happen and in fact, the brutality of rapes has increased manifold. This compels one to think whether the death penalty is an effective deterrent to crime or not.
• Morality: Some opponents of capital punishment argue that it is morally wrong to take the life of another human being, regardless of the crime they may have committed.
  • Even Gandhiji upheld the idea that “an eye for an eye would make the whole world blind.” He promoted that the crime should be eliminated, not the criminal.

THE WAY FORWARD:

• Views of Supreme Court:
  • In response to concerns about the way courts award the death penalty, the Supreme Court has suo motu started a review of the process. The apex court will consider laying down guidelines for determining mitigating circumstances in death penalty cases.
  • The SC stated that the accused must have a meaningful, real and effective hearing, along with the chance to introduce evidence relevant to the sentence question.
  • Supreme Court also suggested that while delivering judgement in case related to the death penalty, the convict’s social background, age, educational levels should be taken into account, except in cases related to terror activities.
• In 2015, the Law Commission of India recommended the abolition of the death penalty in India, arguing that it has not been shown to have a deterrent effect and that it is prone to errors and can be used arbitrarily.
• India is a signatory to various international treaties such as the International Covenant on Civil and Political Rights (ICCPR) and the Convention on the Rights of the Child (CRC), which call for the abolition of the death penalty. However, India has not yet abolished the death penalty and retains it as a legal punishment. This should be looked upon for bringing a reformative outlook to the society.
• In its 187th report in 2003, the Law Commission of India recommended that Section 354(5) of the CrPC should be amended by providing an alternative mode of execution of death sentence by “lethal injection until the accused is dead”.
  • In the United States, for example, an intravenous lethal injection is given in every state (27 states and American Samoa) that allows the death penalty. Electrocution is a secondary method in some states. Execution by firing squad is employed in China, and Saudi Arabia uses beheading apart from other methods.
• There is also an ever-increasing demand for reforms in the criminal justice system which is largely based on the colonial ideology and needs. Such reforms should include a more modern and liberal outlook towards issues like the death penalty.
• The government must play an active role in improving the social status (health, education, rights, etc.) of the people that could possibly become a deterrent factor for actions that could lead to capital punishment. For example, a well educated western society rarely sees heinous crimes on women and children.

THE CONCLUSION: Capital punishment or the death penalty have always been a content of contradiction not only in India but also in several advanced countries. In India, the motive for the punishment is rested on two aspects; the primary being that the lawbreaker should suffer for the pain and injury he/ she cast upon the victim and another motive is to discourage others from committing wrongs by sanctioning corrections. However, the court of law must consider the aspect of inherent goodness in human beings. No person becomes a criminal by birth. A careful background check must be ensured before awarding capital punishment so as to distinguish the willful offenders from those who want to be reformed.

THE CONTEXT: On 15 July, the Ministry of Civil Aviation has unveiled the Draft Drone Rules, 2021 based on “trust, self-certification and non-intrusive monitoring”. The new rules would replace the existing UAS (Unmanned Aircraft Systems) Rules, 2021. This article analyses various facets of new draft rules.

• The decision to liberalize the drone policy showcases the government’s bold approach to promote the use of the drone and focus on the development of counter-drone technology. The current draft is a welcome move and will go a long way in facilitating investments in drone technology in India.

DRONES

• A Drone, in technological terms, is an unmanned aircraft. Essentially, a drone is a flying robot that can be remotely controlled or fly autonomously through software-controlled flight plans in their embedded systems, working in conjunction with onboard sensors and GPS.
• There are three subsets of Unmanned Aircraft- Remotely Piloted Aircraft, Autonomous Aircraft, and Model Aircraft.
• A drone is made of light composite materials which help reduce weight and increase its motion operation. The material strength allows drones to fly at extremely high altitudes.
• UAV drones are packed with state-of-the-art technologies such as infrared cameras, GPS, and laser.
• The latest high-tech drones are equipped with collision avoidance systems.

DRAFT DRONE RULES, 2021

AIM

• Making India a drone-friendly nation

UNIQUE IDENTIFICATION NUMBER

• Each drone has been specified to have a unique identification number with the transmission of its location, altitude, speed, etc. Any drone missing a unique id number with the other details will be a rogue drone.
• Every flight of the drone will be monitored in the digital sky platform.

DIGITAL SKY PLATFORM

• It is an initiative by MoCA to provide a secure and scalable platform that supports drone technology frameworks, such as NPNT (no permission, no take-off), designed to enable flight permission digitally and manage unmanned aircraft operations and traffic efficiently.
• There will be a minimal human interface on the digital sky platform and most permission will be self-generated.

SIMPLIFIED REQUIREMENTS

• Requirements for granting permission for the acquisition and usage of drones have been simplified.
• Abolish the need for various approvals, like certificate of conformance, certificate of maintenance, import clearance, acceptance of existing drones, operator permits, authorization of R&D organization, and student remote pilot license.
• The provisions under Aircraft Rules, 1937 will not apply to drones weighing up to 500 kg.

DRONE CORRIDORS

• The Centre also plans to set up drone corridors for cargo delivery.

EASE OF DOING BUSINESS

• Earlier there used to be 25 forms to be filled up which now has been reduced to 5. Clarity about registration and remote-pilot licensing have been given. Insurance of drones has also been taken care of.

DIVISION OF COUNTRY IN ZONES

• The digital sky platform will have an interactive airspace map dividing the country into green, yellow, and red zones.
• While the yellow zone has been reduced from 45 km to 12 km from the nearby airport perimeter, no flight permission is required up to 400 feet in green zones and up to 200 feet in the area between 8 and 12 km from the airport perimeter.

BENEFITS AND CHALLENGES OF NEW RULES

BENEFITS

• It will increase the sales of drones in the country and create a market for drones in India.
• New Rules will give a boost to employment and commercial sales of drones in India.
• The adoption of drones in R&D is also expected to boost the way for pilot projects in India that are likely to help the government come out with a policy for the commercial use of drones as well.
• New rules to boost investments in the drones sector

CHALLENGES /LIMITATIONS

• The overall size of the Indian market is much smaller when compared to global markets.
• Drone imports will still be controlled by the Directorate General of Foreign Trade (DGFT).
• The manufacturing industry is looking for a lot more clarity on the timelines on permissions to operate commercial drones, as well as the permissions where drones will be allowed to operate.
• The timeline for the creation of new drones corridor and drone promotion corridor not given.
• The industry is also likely to wait for more clarity on the taxation rate of drones and has requested the government to attract and promote foreign direct investment to supplement domestic capital, technology, and skills for accelerated economic growth.
• The Indian drone market is dependent on imports for drone components.
• As per the new draft, the rules and regulations do not apply to the army, navy, or air force. However, it still includes paramilitary forces. BSF is suffering a lot of issues due to the drones coming across the lines.
• Only a few states have the infrastructure to train pilots that can operate a drone.
• 9% of drones are battery powered and use solar energy. Rest 90% use fuel engines that are noisy, polluting, and heavy with a hazardous fuel

DRONE TECHNOLOGY SECTOR

APPLICATION OF DRONE TECHNOLOGY

• Drone systems can be used as an asymmetric weapon against terrorist attacks. The drones can be integrated into the national airspace system.
• The drone technology in the SVAMITVA scheme was launched by the Government of India. It has helped about half a million village residents to get their property cards by mapping out the areas.
• In the agriculture sector, micronutrients can be spread with the help of drones. It can also be used for performing surveys for identifying the challenges faced by the farmers.
• The railways are using drones for track monitoring.
• Telecom companies are using drones for monitoring the tower.
• Drones are also significant for law enforcement agencies, fire, and emergency services wherever human intervention is not safe and the healthcare services.

FEW SUCCESS STORIES OF DRONE USE

• Odisha government used drones to map 250,000 slum households to ensure speedy and accurate distribution of land rights
• Gujarat is using ‘Tri Netra’ drones to track illegal mining.
• The union government and NHAI is using drones to monitor rural road construction projects
• The Pilbhit Tiger Reserve in Uttar Pradesh used to capture and tranquilize a tiger that was a man-eater using drones.

R&D IN THE DRONE SECTOR

• Drones are one of the 24 sectors that are taken care of by the Government of India under the Ministry of Commerce and Industry as the area where the Atma Nirbhar Bharat scheme can be well implemented.
• India not only has a very extensive R&D being carried out at institutions like IIT-Kanpur, IIT-Bombay, IIT-Delhi, etc but also at the same time the research is being transformed into products.
• India has more than 130 start-ups registered with IITs and other companies for introducing drones in multiple application areas.

INDIA’S DRONE MARKET

• According to BIS Research, the global drone market, which is currently dominated by the US, China, and Israel, will touch $28.47 billion this year and India will comprise about 4.25 percent of that. Consequently, the Indian drone market is expected to reach $1.21 billion in 2021.
• According to Golden Sach, the Indian drone market is expected to reach $1.8 billion by 2025-26 growing at a CAGR of 14.61 percent.
• According to an estimate by E&Y and FICCI, the projected market size for drones in India is $885.7 million by 2021.

COVID-19 SCENARIO – EMERGING ROLE OF DRONES IN INDIA

• Drones are playing a significant role in the fight against the coronavirus in support of the following activities undertaken by Police, healthcare, and municipal authorities:

1. Surveillance & Lockdown Enforcement
2. Public Broadcast
3. Monitoring Body Temperatures
4. Medical & emergency food Supplies Delivery
5. Surveying & Mapping
6. Spraying Disinfectants

SPRAYING DISINFECTANTS

• The states of Telangana, Tamil Nadu, Chhattisgarh, Karnataka, Uttar Pradesh, etc. have solicited the services of drone companies to spray disinfectants in earmarked areas.
• The COVID 19 pandemic has also prompted several educational institutes-based drone start-ups to innovate and remodel drones to cater to the demands of sanitization.

MONITORING BODY TEMPERATURE

• Drones mounted with thermal cameras have been deployed in cities such as New Delhi and Bengaluru to monitor the body temperature of people.

MEDICAL SUPPLIES DELIVERY

• A drone startup based out of Telangana has successfully demonstrated medical supplies delivery via drones to remote areas. Another startup based in Pune has expressed its intention to work with city authorities in the domain of medical services delivery.
• At IIT Madras, drone research is underway which would be designed to deliver drugs and medicines.

SURVEILLANCE AND ENSURE LOCKDOWN

• States such as Maharashtra, Gujarat, National Capital Region, Karnataka, Telangana, Assam, Kerala, and Tamil Nadu have reportedly deployed drones for surveillance and ensuring lockdown.
• Drones have also been deployed by state authorities in places such as Hyderabad and Bengaluru to plan and organize ground forces deployment to monitor areas.
• In places such as New Delhi and Mumbai, drones have been used to ensure that people are following social distancing norms in public places.
• In places such as Sangli, drones are enabling police forces to ensure social distancing in places near pharmacies and grocery stores.
• In the state of Kerala, drones have been used to disperse the crowd and also check illicit brewing shops and group drinking.

PUBLIC BROADCAST

• Drones mounted with speakers or police sirens have been deployed by states such as Telangana, Maharashtra, Kerala, Jammu and Kashmir, Assam to disperse the gathered crowd, encourage people to stay indoors, create social awareness on COVID 19, etc.

MISCELLANEOUS DRONE USE CASES DURING COVID 19

• State forest department authorities in Karnataka used drone services to survey forest areas in Bengaluru to preclude poaching in forest areas.
• The Railway Protection Force in Srikakulam district of Andhra Pradesh has deployed a drone to conduct surveillance in and around railway tracks and other railway assets. The underlying rationale behind drone deployment is to prevent the entrance of migrants from other states via railway tracks on foot and also the prevention of theft from railway premises.

DRONES IN INDIA: WHO CAN BUY THEM, WHAT ARE USAGE CONDITIONS AND HOW GOVT IS CONTROLLING DRONE USE

WHO GOVERNS DRONES?

• Remotely piloted aircraft (RPAs) and unmanned aircraft (drones) are governed by the Civil Aviation Requirements (CAR) issued by the Directorate General of Civil Aviation (DGCA) from time to time.

GAME OF DRONES: EVOLUTION OF DRONE LAWS IN INDIA

• In 2014, the Directorate General of Civil Aviation (DGCA) banned civilian use of drones.
• Subsequently, in 2018, the Civil Aviation Requirements (CAR) –Drone Regulations 1.0 was announced, introducing a comparatively radical but basic framework for their operation.
• Drone Regulation 1.0

ü  The Digital Sky Platform will enable online registration of pilots, devices, service providers, and NPNT (no permission, no take-off).

ü  The Digital Sky Platform is a unique unmanned traffic management (UTM) system that is expected to facilitate registration and licensing of drones and operators in addition to giving instant (online) clearances to operators for every flight.

ü  The airspace has been partitioned into Red Zone (flying not permitted), Yellow Zone (controlled airspace), and Green Zone (automatic permission). The restricted locations are airports, near the international border, near the coastline, state secretariat complexes strategic locations, military installations.

ü  All civilian drone operations will be restricted to only during daytime and a maximum of 400 feet altitude.

ü  There can’t be any human or animal payloads, or anything hazardous.

ü  It cannot in any manner cause danger to people or property and insurance will be mandatory to cover third-party damage.

ü  Except for nano drones and those owned by National Technical Research Organisation and the central agencies, the rest would be registered and issued a Unique Identification Number.

• The government did not stop there; it went on to create a Drone Taskforce which then released a comprehensive document – Drone Ecosystem Policy Roadmap in 2019.
• In addition, the government has also released supplemental policies such as the National Counter Rogue Drone Guidelines and the draft Unmanned Aircraft System Traffic Management Policy.

CATEGORIZATION AND CLASSIFICATION

• The Ministry of Civil Aviation (MoCA) has categorized Unmanned Aircraft Systems (UAS) into three primary categories and five primary classes. UAS are categorized into:

1. Aeroplane
2. Rotorcraft
3. Hybrid  UAS

• These three types of UAS are further sub-categorized based on their level of autonomy, i.e., remotely piloted UAS, model remotely piloted UAS, and fully autonomous UAS. Apart from these categories, each UAS is classified based on how much it weighs (including the payload). The classification of UAS is as follows:

Nano UAVs             up to 250g

Micro UAVs            250g to 2kg

Mini UAVs              2kg to 25 kg

Small UAVs           25kg to 150kg,

Large UAVs         more than 150kg

WHO CAN FLY DRONES IN INDIA?

• The Unmanned Aircraft System Rules, 2021, state that no license or permit is needed to fly nano drones.
• Pilots of Micro and Small Drones require a UAS Operator Permit-I (UAOP-I) for all flying purposes. Such drones are limited to the visual line of sight without any payload.
• For the operation of Medium and Large Drones, one would require UAS Operator Permit-II (UAOP-II).Such drones cannot be flown within closed spaces. They also need prior clearance from Air Traffic and Air Defence Control before being flown.
• UAOP-II permits the carriage of goods as well as dangerous goods as per the Aircraft (Carriage of Dangerous Goods) Rules, 2003.
• Both UAOP-I and UAOP-II will remain valid for not more than ten years.

REQUIRED DRONE PILOT LICENSE

• Two types of licenses will determine the issuance of an operator’s permit. These are Student Remote Pilot License and Remote Pilot License. Applicants of any of these licenses should be at least 18 years of age and not more than 65 years of age if flying a drone for commercial activity.
• As for the minimum qualifications, the applicants should have passed class X . Applicants are also required to clear a DGCA specified medical examination and a background check.
• Student Remote Pilot License is issued for a fee by an authorized training organization. It is Valid for a maximum period of 5 years from the date of issuance. These can be renewed for an additional period of 2 years.
• Remote Pilot License is issued for a fee by the DGCA itself and stands valid for a total of 10 years from issuance. These are issued based on training and skill tests from an authorized training organization.
• Both UAOP-I and UAOP-II require a Remote Pilot License “of appropriate class and category.”

DRONE USE CONDITIONS

• No drones should fly over a Prohibited Area.
• The Gazette specifies “Prohibited Area” as “the airspace of defined dimensions, above the land areas or territorial waters of India within which the flights of unmanned aircraft are not permitted.
• Other than the area restrictions, there are limitations on the altitude and speed at which drones can be flown. These are mostly based on the type of drones.

PENALTIES ON FAILURE OF COMPLIANCE

• Individuals flying any drone other than those in the Nano category, for instance, without a valid license or permit, will have to pay a fine of Rs 25,000.
• Flying an unmanned aircraft over no operation area will attract a penalty of Rs 50,000.
• Such penalties extend up to Rs 5 lakh for the manufacturers of drones.

DRONES IN INDIA: A MODEL FOR COOPERATIVE FEDERALISM?

• India presents a classic opportunity to build a replicable model of federalism that is cooperative, creative, constructive, and competitive. A sandbox where states compete not just with each other but also with the Centre is visible in two ongoing programmes are in play – The Medicine from the Sky project, anchored by the Government of Telangana, and the BVLOS (Beyond Visual Line of Sight) experimental trials anchored by India’s Ministry of Civil Aviation.
• The state of Telangana in partnership with the World Economic Forum, Apollo Hospitals, and thinktank NITI Aayog has called on technologists from across the country to demonstrate the capability of drone-based healthcare delivery.
• This project required coordination among and local governments to shape deliverables on the ground. This has created a distinct pathway through the federal “marble cake” of interrelated policy goals and administrative duties of local, state, and national governments.
• The Telangana experiment is turning this into a science, not just by coordinating with the central government seamlessly but also by mapping stakeholders and their requirements along the way.
• On the other hand, the BVLOS experiments are a coordinated approach by the Ministry of Civil Aviation and supporting regulatory agencies to gather data points.
• Against a backdrop of a quasi-federal structure, drones have navigated a channel of laboratory federalism where several small-scale experiments and exercises have created insights that foster the development of good policy.

REGULATIONS AROUND THE WORLD

USA

• The policy prescribes a compulsory pilot’s license for the UAV operator to operate drones weighing more than 25 kgs.
• For less than 25 kgs, no permission is needed. However, such drones should remain within visual line of sight, cannot be operated at night, and cannot fly more than 400 feet above the ground.
• Currently, the Federal Aviation Authority has started permitting beyond-line-of-sight operations to companies like Amazon.

CHINA

• China has segregated drones as per their weights into four subclasses—0 to 1.5 kilos, 1.5 to 4, 4 to 15, and 15 to 116 kgs. All of them have different rules
• The rules stipulate an online real-time supervision system that includes a “UAS cloud” and an “electronic fence.” The cloud is a dynamic database management system that monitors flight data in real-time, and the fence is a software and hardware system that earmarks specific areas as prohibited zones and automatically restrains aircraft from entering. UAVs weighing above 4 kilos must integrate these systems.
• The rules also allow beyond-line-of-sight flying and are aiming for the complete integration of manned and unmanned aircraft.

INTERNATIONAL DRONE GOVERNANCE

• Drones are dual-use technology, meaning they have a civilian and a military purpose. At the international level, policy regulations for drones are still in the making.
• The International Civil Aviation Organization (ICAO) has been the primary platform leading global governance efforts.

WAY FORWARD

• There should be the unification of the laws where this sector is cross-cutting with sectors that come under the domain of other ministries.
• Drone imports controlled by DGFT could be done away with for the time being.
• The government needs to create an equivalent of ‘Silicon Valley’ for the drones so that organizations dealing with hardware, software, artificial intelligence, etc. can come together and take this endeavor forward.
• Companies working on unmanned traffic management (UTM) should collaborate with the government of India to provide unmanned traffic information as well as work as service providers for tracking drones.
• Drones are costly equipment. There is a huge opportunity for insurance and insurance facilitation companies to explore this area.
• A ‘Drone Promotion Council’ is the need of the hour.
• There have to be training programs for drone pilots.

CONCLUSION: The draft drone policy is a welcome change. It is a well-thought-out and simplified policy document. It aligns with Prime Minister Modi’s vision for India, in terms of reducing unemployment, improving ease of doing business, generating self-employment avenues, and emerging as a global leader in technology. What the future holds will entirely depend on how these rules are interpreted on the ground and how much red-tapism we are willing to shun.

THE CONTEXT: The Nobel Prize in Chemistry for 2020 has been awarded for the discovery of CRISPR Cas9. The two scientists have pioneered the use of CRISPR  – Cas9 (CRISPR-associated protein 9) system as a gene-editing tool. This article discusses about the gene editing, CRISPR-Cas9 technique and concern related to this.

UNDERSTANDING GENE EDITING

Genes contain the bio-information that defines any individual. Physical attributes like height, skin or hair colour, more subtle features and even behavioural traits can be attributed to information encoded in the genetic material. An ability to alter this information gives scientists the power to control some of these features.

• Gene editing is also called as genetic modification, genetic manipulation or genetic engineering.
• Genome editing is a group of technologies that give scientists the ability to change an organism’s DNA (Deoxyribonucleic acid).These technologies allow genetic material to be added, removed, or altered at particular locations in the genome.
• Gene Editing is widely practised in agriculture, to increase productivity or resistance to diseases, etc.

WHAT IS CRISPR?

• Gene editing technology-Clustered Regularly Interspaced Short Palindromic Repeats (CRISPR) is a gene editing technology, which replicates natural defence mechanism in bacteria to fight virus attacks, using a special protein called Cas9.
• CRISPRs are specialized stretches of DNA. The protein Cas9(or “CRISPR-associated”) is an enzyme that acts like a pair of molecular scissors, capable of cutting strands of DNA. It allows researchers to easily alter DNA sequences and modify gene function.
• Cut-and-paste mechanism-CRISPR-Cas9 technology behaves like a cut-and-paste mechanism on DNA strands that contain genetic information. The specific location of the genetic codes that need to be changed, or edited, is identified on the DNA strand, and then, using the Cas9 protein, that location is cut off from the strand.

WHY IS CRISPR- CAS9 SYSTEM SIGNIFICANT?

• Normally, if sperm from a father with one mutant copy of the gene is fertilized in vitro with normal eggs, 50% of the embryos would inherit the condition.However, when the gene-editing tool was used, the probability of inheriting the healthy gene increased from 50 to 72.4%.
• Clinical trials are under way in many countries to use this tool for treating cancer, cystic fibrosis, haemophilia, and sickle cell disease.
• It was shown in mice that it is possible to shut down HIV-1 replication and even eliminate the virus from infected cells.
• In agriculture, a new breed of crops that are gene-edited will become commercially available in a few years.
• It is the simplest yet powerful tool for editing genomes and also termed as the most versatile and precise method of genetic manipulation.

GUIDELINES AND REGULATIONS IN INDIA

• In India, several rules, guidelines, and policies are notified under the Environment Protection Act, 1986 to regulate genetically modified organisms.
• The above Act and the National Ethical Guidelines for Biomedical and Health Research involving human participants, 2017, by the Indian Council of Medical Research (ICMR), and the Biomedical and Health Research Regulation Bill implies regulation of the gene-editing process.

This is especially so in the usage of its language “modification, deletion or removal of parts of heritable material”.However, there is no explicit mention of the term gene editing.

ETHICAL CONCERN

• Last year, a Chinese researcher used the tool to modify a particular gene in the embryo to make babies immune to HIV infection, which led to international furore. Though no guidelines have been drawn up so far, there is a general consensus in the scientific and ethics communities that the gene-editing technique should not be used clinically on embryos.
• It would be a profound leap of science and ethics. This kind of gene editing is banned in most countries as the technology is still experimental and DNA changes can pass to future generations, potentially with unforeseen side-effects.
• Another ethical challenge germline cell and embryo genome editing (Making genetic modifications to human embryos and reproductive cells such as sperm and eggs is known as germline editing) brings up includes whether it would be permissible to use this technology to enhance normal human traits (such as height or intelligence).
• There are growing concerns of trying to produce “designer” babies or altered human beings.

OTHER CONCERNS

• Variable efficacy– CRISPR technology is not hundred percent efficient. The genome-editing efficiencies can vary.
• Off-target effects and imprecise edits- There is also the phenomenon of “off-target effects,” where DNA is cut at sites other than the intended target. This can lead to the introduction of unintended mutations. Furthermore, even when the system cuts on target, there is a chance of not getting a precise edit. This is called as “genome vandalism.”
• There is also a potential ecological impactof using gene drives. An introduced trait could spread beyond the target population to other organisms through crossbreeding. Gene drives could also reduce the genetic diversity of the target population.

WAY FORWARD

• The World Health Organization formed a panel of gene-editing experts.The expert panel suggested a central registry of all human genome editing research in order to create an open and transparent database of ongoing work.
• Experts recommend that germline editing should be done only on genes that lead to serious diseases and when no other reasonable treatment alternatives exist.
• Among other criteria, they stress the need to have data on the health risks and benefits and the need for continuous oversight during clinical trials. They also recommend following up on families for multiple generations.
• CRISPR technology is indeed a path-breaking technology, to alter genes in order to tackle a number of conventional and unconventional problems. The most promising use of the CRISPR technology is in treatment of diseases. For example, sickle cell anaemia.
• However, experiments and tests to validate its use must be subjected to appropriate scrutiny by the regulators, and their use must be controlled to prevent commercial misuse.
• Scientists across the world are still working to determine whether the CRISPR technology is safe and effective for use in people.

CONCLUSION:

The huge potential to edit genes using this tool has been used to create a large number of crop varieties with improved agronomic performance; it has also brought in sweeping changes to breeding technologies. The gene-editing tool has indeed taken “life sciences into a new epoch”. Therefore it is time that India should come up with a specific law to monitor germline editing and guidelines for conducting gene-editing research, which will give rise to modified organisms while sorting ethical concerns.

JUST TO ADD IN YOUR KNOWLEDGE

UNDERSTANDING THE MECHANISM

The CRISPR-Cas9 system consists of two key molecules that introduce a change (mutation) into the DNA. These are:

• An enzyme called Cas9. This acts as a pair of ‘molecular scissors’ that can cut the two strands of DNA at a specific location in the genome so that bits of DNA can then be added or removed.
• A piece of RNA called guide RNA (gRNA). This consists of a small piece of pre-designed RNA sequence (about 20 bases long) located within a longer RNA scaffold. The scaffold part binds to DNA and the pre-designed sequence ‘guides’ Cas9 to the right part of the genome. This makes sure that the Cas9 enzyme cuts at the right point in the genome.
• The guide RNA is designed to find and bind to a specific sequence in the DNA. The guide RNA has RNA bases that are complementary to those of the target DNA sequence in the genome. This means that the guide RNA will only bind to the target sequence and no other regions of the genome.
• The Cas9 follows the guide RNA to the same location in the DNA sequence and makes a cut across both strands of the DNA.
• At this stage the cell recognises that the DNA is damaged and tries to repair it.
• Scientists can use the DNA repair machinery to introduce changes to one or more genes in the genome of a cell of interest.

THE CONTEXT: With the growth of the internet and the proliferation of applications, products & services on it, citizens are being empowered and their lives transformed. Digitalization speeds up development, helps economic growth, brings people closer together and enables better use of resources. However, with the growth of the internet, cyber crimes are also on the increase.

Digitization has been the government’s main focus, which can be seen with the launch of the Digital India Mission. It has effect on various sectors like health, education, skilling, payments etc

CYBER SECURITY CONCERN

• The IBM Security Data Breach Report of 2022 states that, for the fiscal year of 2022, the average data breach costs in India have reached a record high of ₹17.5 crores (₹175 million) rupees, or around $2.2 million, which is an increase of 6.6% from 2021, and a staggering 25% from the average cost of ₹14 crores in 2020.
• In 2021, cybersecurity incidents involved incidents revolving around unauthorized access and compromised personal data. For example, in the case of Air India, data files from more than 4.5 million customers were leaked in a cyber attack. In a separate incident, personal data leaks of around 180 million users were stolen straight from the database of Domino’s India.

VARIOUS TYPES OF CYBER SECURITY THREATS

MALWARE

Malware is malicious software such as spyware, ransomware, viruses and worms. Malware is activated when a user clicks on a malicious link or attachment, leading to dangerous software installation.

The rise of malware is attributed to crypto-jacking (the secret use of a victim’s computer to create cryptocurrency illegally) and Internet-of-Things malware (malware targeting devices connected to the internet such as routers or cameras).

RANSOMWARE

Ransomware is one of the most widely used methods of attacks. It asks to pay a ransom using online payment methods to regain access to your system or data. Online payment methods usually include virtual currencies such as bitcoins.

Example:

●        The All India Institute of Medical Sciences, Delhi allegedly faced a cyber attack on November 23, paralyzing its servers.

●        In May 2022, Indian airline SpiceJet reported a ransomware attack. It led to delays in several flights by up to 6 hours. Several passengers claimed sitting on the planes for 45 minutes to three hours.

THREATS AGAINST DATA: TARGETING SOURCES OF DATA TO GET UNAUTHORIZED ACCESS AND DISCLOSURE

A data breach is an incident where information is stolen or taken from a system without the knowledge or authorization of the system’s owner. A small company or large organization may suffer a data breach.

Threats against data can be mainly classified as data breaches (intentional attacks by a cybercriminal) and data leaks (unintentional releases of data).

India has faced a rise of 7.9% in data breaches since 2017. Also, the average cost per data breach record is mounting to INR 4,552 ($64).

TROJAN VIRUS

A Trojan can launch an attack on a system and can establish a backdoor, which attackers can use.

DENIAL OF SERVICE

DDoS attack makes an online service unavailable to users by interrupting them or suspending the hosting servers. The motives range from ransomware, pushing a certain ideology or cyber warfare.

In August 2020 the number of Distributed Denial of Service (DDoS) incidents in India hit a record high in terms of total DDOS packets, which were well in excess of 10 billion as per a study by global cyber security firm Radware.

PHISHING

Phishing attacks use fake communication, such as an email, to trick the receiver into opening it and carrying out the instructions inside, such as providing a credit card number.

SQL INJECTION

With the right password, a cyber attacker has access to a wealth of information. Social engineering is a type of password attack that Data Insider defines as “a strategy cyber attackers use that relies heavily on human interaction and often involves tricking people into breaking standard security practices.”

FINANCIAL FRAUD

Cosmos Bank Cyber Attack in Pune

A cyber attack in India was deployed on Cosmos Bank in Pune. This daring attack shook the whole banking sector of India when hackers siphoned off Rs. 94.42 crores from Cosmos Cooperative Bank Ltd. in Pune.

SIM Swap Scam

This involves transferring money from the bank accounts of many individuals. By fraudulently gaining SIM card information, both attackers blocked individuals’ SIM cards and with the help of fake document posts, they carried out transactions via online banking. They also tried to hack the accounts of various targeted companies.

JUICE JACKING

Juice jacking is a security exploit in which an infected USB charging station is used to compromise connected devices. The exploit takes advantage of the fact that a mobile device’s power supply passes over the same USB cable the connected device uses to sync data.

DEEPFAKE

Deepfake technology means it is now possible to generate fake audio, video or images that are almost indistinguishable from real ones. Bots pretending to be real people can disrupt online communities by flooding them with fake comments.

DISINFORMATION/MISINFORMATION: THE SPREAD OF MISLEADING INFORMATION

The increasing use of social media platforms and online media has led to a rise in campaigns spreading disinformation (purposefully falsified information) and misinformation (sharing wrong data). The aim is to cause fear and uncertainty.

Russia has used this technology to target perceptions of the war.

TYPES OF CYBER THREAT ACTORS

• State-sponsored — Cyberattacks by countries can disrupt communications, military activities, or other services that citizens use daily.
  • India was the most targeted country in 2022 as attacks on government agencies more than doubled. Malaysia-based hacktivist group Dragon Force, ran campaigns such as #OpIndia and #OpsPatuk against India in retaliation to the controversial comments by an Indian politician on Prophet Mohammed.
• Terrorists — terrorists may attack government or military targets, but at times may also target civilian websites to disrupt and cause lasting damage.
• Hacktivism is a form of cyberattack where the hacker’s motivation is not financial gains but to promote a political agenda or protest against certain policies. According to a report by cyber security firm CloudSek, In 2022, hacktivism accounted for 9% of the cyberattacks on the government sector.
• Industrial spies —Industrial espionage is the illegal and unethical theft of business trade secrets for use by a competitor to achieve a competitive advantage.
• Organized crime groups — Criminal groups infiltrate systems for monetary gain. Organized crime groups use phishing, spam, and malware to carry out identity theft and online fraud. There are organized crime groups who exist to sell hacking services to others as well, maintaining even support and services for profiteers and industrial spies alike.
• Hackers — There is a large global population of hackers, ranging from beginner “script kiddies” or those leveraging ready-made threat toolkits, to sophisticated operators who can develop new types of threats and avoid organizational defences.
• Malicious insider—Insiders represent a very serious threat, as they have existing access to corporate systems and knowledge of target systems and sensitive data. Insider threats can be devastating and very difficult to detect.

CYBER SECURITY IN THE FEDERAL POLITY OF INDIA

‘Police’ and ‘Public Order’ are State subjects as per the Seventh Schedule of the Constitution of India. States/UTs are primarily responsible for the prevention, detection, investigation and prosecution of crimes including cyber crime through their Law Enforcement Agencies (LEAs). The LEAs take legal action as per provisions of law against the offenders. The Central Government supplements the State Governments’ initiatives through advisories and financial assistance under various schemes for their capacity building.

VARIOUS MEASURES TO DEAL WITH THE CYBER THREAT IN INDIA

NATIONAL CYBER SECURITY POLICY, 2013

Its mission is to protect information and information infrastructure in cyberspace, build capabilities to prevent and respond to cyber threat, reduce vulnerabilities and minimize damage from cyber incidents through a combination of institutional structures, people, processes, technology, and cooperation.

It aims to create a workforce of 500,000 trained cybersecurity professionals in the next 5 years through capacity building, skills development and training

INDIAN COMPUTER EMERGENCY RESPONSE TEAM (CERT-IN)

The Indian Computer Emergency Response Team (CERT-IN or ICERT) is an office within the Ministry of Electronics and Information Technology of the Government of India.^[3] It is the nodal agency to deal with cyber security threats like hacking and phishing. It strengthens the security-related defence of the Indian Internet domain.

NATIONAL CRITICAL INFORMATION INFRASTRUCTURE PROTECTION CENTER (NCIIPC)

●    NCIIPC is a central government establishment formed to protect critical information about our country, which has an enormous impact on national security, economic growth, and public healthcare.

NCIIPC has mainly identified the following as “critical sectors”-

●    Power & Energy

●    Banking, Financial Services & Insurance

●    Telecom Transport

●    Government

●    Strategic & Public Enterprises

CHIEF INFORMATION SECURITY OFFICERS

The CISO (chief information security officer) is a senior-level executive responsible for developing and implementing an information security program, including procedures and policies designed to protect enterprise communications, systems and assets from internal and external threats.

Conducting regular training programmes for network/system administrators and Chief Information Security Officers (CISOs) of Government and critical sector organizations regarding securing the IT infrastructure and mitigating cyber attacks.

CYBER SWACHHTA KENDRA (BOTNET CLEANING AND MALWARE ANALYSIS CENTER)

The “Digital Swachhta Kendra” (Botnet Cleaning and Malware Analysis Center) is a part of the Government of India’s Digital India drive, overseen by the Ministry of Electronics and Information Technology (MeitY).

●    The “Cyber Swachhta Kendra” (Botnet Cleaning and Malware Analysis Center) is intended to address the goals of the “National Cybersecurity Policy,” which calls for the development of a secure cybernetic ecosystem in the country.

INDIAN CYBER CRIME COORDINATION CENTRE (I4C)

“Indian Cyber Crime Coordination Centre (I4C)” is an initiative of the Ministry of Home Affairs (MHA) to combat cyber crime in the country, in a coordinated and effective manner.

Objective:

● Identify the research problems/needs of Law Enforcement Agencies (LEAs) and take up R&D activities in developing new technologies and forensic tools in collaboration with academia/research institutes within India and abroad

●   To prevent misuse of cyberspace for furthering the cause of extremist and terrorist groups

●  Suggest amendments, if required, in cyber laws to keep pace with fast changing technologies and International cooperation.

CYBER-CRIME PREVENTION AGAINST WOMEN & CHILDREN’ SCHEME

The Ministry of Home Affairs implements it. The scheme aims to prevent and reduce cyber crimes against women and children.

AUDIT OF THE GOVERNMENT WEBSITES

Provision for audit of the government websites and applications prior to their hosting, and thereafter at regular intervals.

EMPANELMENT OF SECURITY AUDITING ORGANIZATIONS

Empanelment of security auditing organizations to support and audit implementation of Information Security Best Practices.

CRISIS MANAGEMENT PLAN

Formulation of Crisis Management Plan for countering cyber attacks and cyber terrorism.

CYBER SECURITY MOCK DRILLS

Conducting cyber security mock drills and exercises regularly to enable assessment of cyber security posture and preparedness of organizations in Government and critical sectors.

CYBER SURAKSHIT BHARAT

Ministry of Electronics and Information Technology launched the Cyber Surakshit Bharat initiative to spread awareness about cyber crime and building capacity for safety measures for Chief Information Security Officers (CISOs) and frontline IT staff across all government departments.

ISSUES WITH THE CYBER SECURITY IN INDIA

LACK OF DATA SECURITY IN DEVICES USED FOR INTERNET ACCESS –

There has been a threat to the data privacy due to Chinese mobile.

Ministry of Home Affairs has recommended a ban on 54 Chinese mobile applications, including the popular game Garena Free Fire over concerns related to privacy and national security.

LACK OF NATIONAL LEVEL ARCHITECTURE FOR CYBERSECURITY

The private sector owns critical infrastructure, and the armed forces have their own firefighting agencies. However, no national security architecture unifies the efforts of all these agencies to assess the nature of any threat and tackle them effectively.

LACK OF SEPARATION

Unlike countries or states, in cyberspace there are no boundaries, thus making the armed forces, digital assets of ONGC, banking functions, etc., vulnerable to cyber attacks from anywhere. This could result in security breaches at a national level, causing loss of money, property or lives. To respond to possible threats on the country’s most precious resources, there is a need for a technically equipped multi-agency organization that can base its decisions on policy inputs and a sound strategy.

LACK OF PRAGMATIC GOAL IN DEALING WITH THE CYBER SECURITY:

National cyber security policy aims to create a workforce of 500,000 trained cybersecurity professionals in the next 5 years. However there has been to roadmap how to achieve this goal.

FUNCTIONAL OVERLAP IN VARIOUS AGENCIES

Due to the existence of too many agencies with overlapping functions in the field of cyber security, coordination between these agencies is poor.

LACK OF SPECIALISTS:

Globally, India ranks 2nd in terms of the number of Internet users after China (Internet World Stats, 2017). However, India has a negligible base of cyber-security specialists, when compared to the internet user base.

CYBER WARFARE

Cyber attack by nation-state is evolving as they go low-intensity ways with India.

E.g. Pakistan and China involves in  cyber threat against India.

THE WAY FORWARD

• P-P-P Model for Cyber security
  • Government shall partner with the private sector and the academia to strengthen cyber security posture of the state
• Information Security Policy and Practices
  • Security Audit Adhering to international standards applicable for all govt. websites, applications before hosting and publishing
  • to ensure ISPs (internet service provider)operating in the state shall deploy cyber security plans in line with State cyber security policy.
• State Computer Emergency Response Team
  • Establishment of the State CERT to operate in conjunction ICERT and coordinate with NCIIPC
  • Cyber security drills shall be carried out under the supervision of I-CERT
• Identity Theft and Security Incident Prevention:
• State cyber security framework to support strategy and implementation mechanisms to prevent digital impersonation and identity theft and the security incidents
• Assurance Framework:
• Framework of assurance shall be established to provide guidance on security certifications, and qualification criteria and prescribe security audits of gov. ICT systems, Projects & applications
• Security Budget:
• Government agencies implementing IT Projects shall allocate an appropriate budget towards compliance with the security requirement of IT Act 2000 and State cyber security policy, security solution procurement and training.
• Capacity Building and Awareness
  • Government shall take appropriate steps for enhancing awareness of citizens and small businesses for cyber security
  • Cyber security Capacity building and training for professionals, introducing curricula academia and organizing conferences
  • Strengthening LEAs through training, establishment of forensics labs, etc.
• Get regular Vulnerability Assessment and Penetration Testing to patch and remove existing network and web application vulnerabilities.
• Limit employee access to sensitive data or confidential information and limit their authority to install the software.
• Use highly strong passwords for accounts and make sure to update them at long intervals.
• Avoid the practice of open password sharing at work.

Mains Questions

1. Examine various types of cyber threats and measures taken against them.
2. Critically examine various loopholes in the cyber security architecture in India.

THE CONTEXT:  From 1960 to 2021, the population of India increased from 450.55 million to 1.41 billion people. This is a growth of 212.4 per cent in 61 years. UN report estimated that India’s urban population is estimated to stand at 675 million in 2035, the second highest behind China’s one billion. Ironically India’s urban growth did not result in an increase in the good performance in Live ability Index. It can be corroborated by the fact that the National Capital, New Delhi, has been ranked 112th on the list of the Global Live ability Index 2022 released by EIU(Economist Intelligence Unit). This article traces the growth of the urban population with the economic growth and various reasons for the dismal status of city livability and suggests some way forward.

INDIA’S HIGH ECONOMIC GROWTH

At $2.3 trillion, the Indian economy has grown nearly 9 times since 1991. In 1991, India’s GDP stood at $266 billion. Agriculture, which accounted for nearly 30 per cent of the total GDP in 1991, now accounts for 17.4 per cent of the economy. The services sector contributes nearly 54 per cent to the domestic GDP (from 39 per cent in 1991), while the industry sector’s contribution to GDP stands at 29 per cent now against 30 in 1991. This economic growth was synchronous with the rise of the urban population.

INDIA’S URBAN LANDSCAPE

Presently, Indian cities are home to an estimated 377 million people or 31.16% of the country’s total population. There are over 4,400 statutory towns and cities in India with around 40 crores of inhabitants today. At the current rate of growth, the urban population in India is estimated to reach a staggering 60 crores by 2030 (WUP, 2018). According to 2011 Census, as many as 53 cities in India had a million plus population. It is projected that more than 50% of the country’s population will be urban by 2050 (WUP, 2018). By some estimates, India needs to build a Chicago every year and is expected to see an influx of population of the size of the entire USA into its cities over the next decade.

ISSUES WITH THE URBAN SPACE

SLUM DEVELOPMENT

According to the Census-2011, 17% of the urban population lives in Slum. Every sixth urban Indian life in slums unfit for human habitation. Slums, in fact, are so common that they are found in 65 per cent of Indian towns. Yet slum dwellers are the most overlooked section of society. Six out of 10 slum dwellers live close to unsanitary drains, and almost four of every 10 do not get treated water.

It has various problems like:

●     It lacks basic hygiene facilities and is prone to unsanitary living conditions.

●     Constant migration increases the population of slums, further increasing hygiene problems.

●     Lack of basic needs and overcrowding.

ISSUES RELATED TO PLANNING

Fractured planning structures are incapable of integrated planning for land use, infrastructure planning, and finance across metropolitan areas.

TRANSPORT

Transport in urban faces various challenges, including inefficiency, roadway congestion, traffic accidents, lack of planning, overcrowding, noise, and a total lack of coordination of any kind.

URBAN CRIME IN INDIA

Urban areas has been spot for various crime like Murder/attempt to murder, Violent crime targetting property, Violent crime against women, Other crime against women.

Including Rape, Cruelty by husband or his relatives, Human trafficking, Attempt to commit rape, Assault on women with intent to outrage her modesty, and Insult to the modesty of women.

ENVIRONMENTAL ISSUES

Urban space in India faces various environmental problems like:

●    Felling of trees

●    Encroachment on water bodies

●    Concretization of the land causing urban heat issues

●    Pollution including Ground Ozone problems

●    Waste generation: Landfills are created

●    Emission: urban constitutes about 3.1% of land but 78% of emission

SOCIAL ISSUES IN THE URBAN AREAS

●   Class Barriers: India’s growing inequality of income is much more evident in urban areas than in rural areas because India’s rich live in the big metro cities and towns and not in villages. Their lifestyle is distinctly different from the lifestyle of the low-income and middle-income groups. Migrants from the villages are attracted by high wages in the cities and join the informal sector. Many are employed in the services of the urban rich.

●   Child labour: The State of Child Workers in India report by UNICEF, based on the latest Indian census data, says the proportion of child workers in the 5-9 year age group jumped to 24.8 percent in 2011 from 14.6 per cent in 2001

●     Migrant issues:

○   The majority of the male migrants and possibly a substantial portion of the women migrants to urban areas migrate to work and earn a livelihood.

○     A substantial portion of the rural-urban migrants is less educated, poor and come from agricultural backgrounds and belongs to Scheduled Caste and Scheduled Tribe communities.

○   Migrants lacks documentation, access to social security, and accessibility to the government schemes like food through the public distribution system.

○    Issue of homeless people in the urban areas

● Lack of social security: COVID-19 has exposed a major gap in social protection coverage, given the disproportionate impact of lockdowns on the livelihoods of the urban poor.

●   Residential segregation: Caste-based residential segregation contributes to the widening of social and cognitive distances between caste groups. Social hierarchies are reinforced by spatial isolation and separation. The greater the segregation – voluntarily or involuntarily — lesser is the likelihood of interaction between communities. Muslims in Indian cities are a classic example of such isolation and ghettoization.

●    Issues of Urban poverty and unemployment.

HEALTH ISSUES IN URBAN AREAS

Water-borne, water-washed (or water-scarce), airborne, food-borne, vector-borne, including some water-related vectors (e.g. Aedes mosquitoes breeding in water containers where households lack reliable piped supplies).

There is a lack of sanitation facilities for the poor and proper drinking water.

Urban services, including water & wastewater and solid waste, do not reach many residents, and those they do serve receive sporadic, unreliable services. And, in the case of non-notified slums, service providers are prohibited from serving residents.

HAZARD IN THE URBAN AREAS:

Issues of the Urban flood: Increasing trend of urban flooding is a universal phenomenon and poses a great challenge to urban planners.

●    The hyderabad floods of 2020 were caused by depression and flash floods

●    Kerala floods of 2018 and 2020 caused heavy landslides

●    Bengaluru floods in 2022 due to inundation and non-connectivity of water bodies.

Urban Fire: India has witnessed many tragic fire incidents. Eg – Uphar cinema, New Delhi (1997); Kamala Mills, Mumbai (2017) and Taxila Coaching Centre, Surat (2019).

ABOUT THE EASE OF LIVING INDEX

●  The Ease of living index is an assessment tool used by the Ministry of Housing & Urban Affairs to evaluate the quality of life and the impact of various initiatives for urban development in the city.

●   It includes the availability of physical amenities like solid waste management, water supply, availability of parks and green spaces, etc.

It provides a comprehensive understanding of participating cities across India, based on various parameters like

●   the quality of life,

●   the economic ability of a city, and

●   its sustainability and resilience.

These span over 13 categories like:

●  Education,

●  Health,

●  Housing and Shelter,

●  WASH and SWM,

●  Mobility,

●  Safety and Security,

●  Environment,

●  Recreation,

●  Level of Economic Development,

●  Economic Opportunities,

●  Green Spaces, and Buildings,

●  Energy Consumption, and

●  City Resilience

These account for 70% of the overall outcome.

GOVERNMENT SCHEMES FOR IMPROVING URBAN LIVABILITY

Smart City Mission: Smart Cities Mission was launched by the Hon Prime Minister on 25 June 2015. The main objective of the Mission is to promote cities that provide core infrastructure, clean and sustainable environment and give a decent quality of life to their citizens through the application of ‘smart solutions’.

AMRUT Mission: The purpose of Atal Mission for Rejuvenation and Urban Transformation (AMRUT) is to:

• Ensure that every household has access to a tap with an assured supply of water and a sewerage connection.
• Increase the amenity value of cities by developing greenery and well-maintained open spaces (e.g. parks) and
• Reduce pollution by switching to public transport.

HRIDAY (Heritage City Development & Augmentation Yojana): The main objective of HRIDAY is to preserve the character of the soul of a heritage city and facilitate inclusive heritage-linked urban development by exploring various avenues including involving the private sector.

Pradhan Mantri Awas Yojana – Urban (PMAY-U): It is a flagship Mission of the Government of India being implemented by Ministry of Housing and Urban Affairs (MoHUA), was launched on 25th June 2015. The Mission addresses urban housing shortage among the EWS/LIG and MIG categories including the slum dwellers by ensuring a pucca house to all eligible urban households by the year 2022, when Nation completes 75 years of its Independence

THE WAY FORWARD: MEASURES TO BE TAKEN TO INCREASE LIVABILITY IN CITIES:

• For Slums: Besides improving the living conditions in slums, the causes of slums creation should be addressed. Distributive development will serve the purpose and thereby, everyone can have a dignified and healthy life.
• Integrated Urban Planning: Integrated urban planning can be implemented at various scales, such as across municipal boundaries, city-region or watershed level, and in collaboration with national governments. This collaborative process aims to engage stakeholders that have not traditionally been involved in urban planning – the private sector, citizen groups and marginalized communities – to produce innovative solutions to interconnected challenges.
• Dealing with an Urban crime: Increasing the exchange of information, experience and technical assistance at international, regional and local levels can help in the development of strategies to prevent crime in mega-cities, and in cities with very high crime rates.
• Incease the social protection to the informal sector including migrants.
• Universal access to the social welfare schemes like PDS, Health and education schemes.
• Environmental considerations should be included in the Urban planning
• Promotion of Renewable energy and green transport in urban areas.
• Integrated and Multimodal transport need to be implemented
• Dedicated space for recreational activities, cultural programmes and green space.

THE CONCLUSION: There is a need to increase the city livability so that SDG-11 calls for making cities and human settlements inclusive, safe, resilient and sustainable.

Mains Question

1. Urban centres are called the engine of growth; however, it is in a dismal state in the livability index. Analyse
2. Suggest various measures to increase the livability index of the Urban areas.

THE CONTEXT: Civil society has been an essential part of governance. Civil society can be understood as the “third sector” of society. The ‘third sector’ is an umbrella term that covers a range of different organizations with different structures and purposes, belonging neither to the public sector (i.e., the state) nor to the private sector (profit-making private enterprise). This include the voluntary sector, non-governmental organizations, non-profit organizations. Third-sector organizations operate at all levels of society, from the very local to the national and the international, and they make a significant – and rapidly increasing – contribution to the health and well-being of society.

This article analyses the contribution of Civil society for a healthy democracy.

WHAT IS CIVIL SOCIETY?

According to the World Bank: “Civil society refers to a wide array of organizations: community groups, non-governmental organizations [NGOs], labour unions, indigenous groups, charitable organizations, faith-based organizations, professional associations, and foundations.”

 It is a conventional Venn diagram depiction of the spheres of civil society interacting with the state and markets. In this model, civil society is distinguishable from political society (parties, political organizations, parliaments) but also from the economic sphere of firms, business partnerships, and their associations. However, political and economic society generally arise from civil society, share some of its forms of organization and communication, and are institutionalized through rights (political rights and property rights especially) continuous with the fabric of rights that secure modern civil society.

CIVIL SOCIETY IN GOVERNANCE

In 1993, the World Bank defined governance as the method through which power is exercised in the management of a country’s political, economic and social resources for development. Governance is the process and institutions through which decisions are made and authority in a country is exercised. Governance can be used in several contexts, such as corporate governance, international governance, national governance and local governance. After 1990, the concept of good governance started taking shape.

WHAT IS GOOD GOVERNANCE?

Good governance relates to the political and institutional processes and outcomes that are necessary to achieve the goals of development. The true test of ‘good’ governance is the degree to which it delivers on the promise of human rights: civil, cultural, economic, political and social rights. The key question is: are the institutions of governance effectively guaranteeing the right to health, adequate housing, sufficient food, quality education, fair justice and personal security? Thus good governance is more human-centric rather than State Centric.

With the rollback of the State in the 1990s, civil society arose with the need for a decentralized public delivery system. Further availability of funds and greater usage of Information and communication technology give way to the emergence of civil society.

IMPORTANCE OF CIVIL SOCIETY FOR HEALTHY DEMOCRACY

ADVOCACY FOR THE RIGHTS OF PEOPLE

• The MKSS played a pioneering role in getting the Right to Information (RTI) law passed in India.
• One of the first issues that MKSS took up was that of wages in drought relief works, which eventually, over many years, led to the advocacy and passing of the Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA).

LIMIT THE POWER OF GOVERNMENT AND MAKE IT MORE ACCOUNTABLE

• The first and most basic role of civil society is to limit and control the power of the state. Any democracy needs a well-functioning and authoritative state. But when a country is emerging from decades of dictatorship, it also needs to find ways to check, monitor, and restrain the power of political leaders and state officials.
• It exposes the corrupt conduct of public officials and lobbies for good governance reforms. Even where anti-corruption laws and bodies exist, they cannot function effectively without the active support and participation of civil society.

IT PROMOTES POLITICAL PARTICIPATION

• NGOs promote political participation by educating people about their rights and obligations as democratic citizens and encouraging them to listen to election campaigns and vote in elections. NGOs can also help develop citizens’ skills to work with one another to solve common problems, debate public issues, and express their views.

POLICY FORMULATION- INPUT TO THE GOVERNMENT

• Pratham is an innovative learning organization created to improve the quality of education in India. As one of the largest non-governmental organizations in the country, Pratham focuses on high-quality, low-cost and replicable interventions to address gaps in the education system.

POLICY IMPLEMENTATION

• The first five-year plan document emphasized the importance of voluntary organizations in the implementation of public programmes. However, only in the seventh plan document is there a detailed discussion about the role of voluntary agencies in rural development.
• Integrated Ruler DevelopmentIRural Landless Employment Guarantee Programme/TRYSEM
• Afforestation, social forestry, development of bio-gas and alternative energy sources (Solar Wind energy, smokeless chulas, etc.);
• E.g. Help Age : HelpAge India is an Indian organization focused on the concerns of elders. Established in 1978, its mission is to “work for the cause and care of under-aged elderly people and improve their standard of living”.

FEEDBACK TO THE GOVERNMENT

• One role for civil society organizations is to lobby for the needs and concerns of their members, such as women, students, farmers, environmentalists, trade unionists, lawyers, doctors, and so on. NGOs and interest groups can present their views to parliament and provincial councils, by contacting individual members and testifying before parliamentary committees.
• E.g. Oxfam India: Information about inequality due to government policies has been highlighted by Oxfam Report. It ensures that Adivasis, Dalits, Muslims, and women and girls have safe-violence-free lives with freedom to speak their minds, equal opportunities to realize their rights, and a discrimination-free future.

PROVIDE RESEARCH INPUTS

• The Centre for Science and Environment (CSE) is a public-interest research and advocacy organization.CSE’s efforts are specifically designed to create awareness about problems and propose sustainable solutions. Research at CSE often consists of in-depth learning about an environmental problem and then finding answers in accordance with CSE’s core values.

VOICE OF THE WEAK AND VULNERABLE PEOPLE

Child welfare:

• CRY (Child Rights and You): Child Rights and You (CRY) works tirelessly to ensure happier and healthier childhoods for India’s underprivileged children. CRY addresses children’s critical needs of healthcare, nutrition, education and protection from child labour and child marriage by working with parents, teachers, Anganwadi workers, communities, district and state-level governments, and the children.

Women empowerment:

• 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.
• 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.
• Example: 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.

Health and Education:

• E.g. The Smile Foundation for Education in India aimed to promote education among the underprivileged. Their development program includes Education, health, livelihood for children and women, and provision equally affected by lack of resources. Some of their programs are Smile on Wheels, Mission Education and Smile Twin e-learning.

Disaster relief:

• E.g. Goonj is a non-governmental organization based in Delhi, India. It performs disaster relief, humanitarian aid and community development work in parts of 23 states of India.

Addressing Poverty and injustice:

• E.g. CARE India has been working in India for 68 years and is a non-profit organization focusing on reducing poverty and social injustice. Our overall goal is to empower women and girls from poor and marginalized communities and improve their lives and livelihoods.

Helping the mentally challenged in India:

• According to the National Mental Health Survey (NMHS), 2015-16, around 150 million Indians live with mental health issues, yet 83% of them do not have access to necessary care. Some NGOs strive to reduce the stigma surrounding mental illness, improve their economic status and create social acceptance for the intellectually disadvantaged.
• E.g. Based in Chennai, The Banyan provides care for the homeless and poor individuals with mental health issues in the states of Tamil Nadu, Kerala and Maharashtra.

RAISE THE CORRUPTION ISSUES

• India Against Corruption (IAC) is a civil society-based anti-corruption movement in India which was particularly prominent during the anti-corruption protests of 2011 and 2012, concerned with the introduction of the Jan Lokpal bill. It primarily sought to mobilize the masses in support of their demands.
• Federation of Anti Corruption Teams(FACT) India is a non-profit organization founded by a team of professionals in Chennai with the aim “To transform India into a corruption-free nation and ensure peaceful and harmonious life to all”

CHALLENGES TO THE CIVIL SOCIETY

Successive Indian governments have told the world proudly of the country’s vibrant civil society. But in recent years, there has been an alarming change back home. Several NGOs have been denied full access to foreign financial support, while many are facing accusations of financial impropriety or violating regulatory laws. Others report increasing scrutiny.

• Lack of funds and misuse of funds(Regulation under Foreign Contribution (Regulation) Act (FCRA): Through successive Amendments to the FCRA, Union governments have increasingly scrutinized NGOs receiving foreign contributions—a grip tightened by the 2020 Amendment. The Amendment makes it impossible to sub-grant [to smaller NGOs] and build consortiums of NGOs, or to collaborate. The Union stated that the problem of misuse was widespread—19,000 NGOs had seen their FCRA licenses cancelled between 2010 and 2019. The suspension of the FCRA licence means that the NGO can no longer receive fresh foreign funds from donors pending a probe by the Home Ministry.
• Issues of Human Resources: Key challenges include:
  • Attracting talent

Whilst non-profits need highly skilled profiles, they often do not have the resources to pay competitive salaries or invest in HR.

• Retaining talent and managing turnover

Most surveyed NGOs report exceptional turnover – financial compensation and benefits play a part, as well as arduous working conditions, lack of training or career development. Some non-profits focus on the sense of purpose and different lifestyles to retain staff.

• Use of NGOs for Money laundering: Although NGOs are usually established with charitable intentions, they can actually be used by criminals to conduct illicit financial activities. The fact that funds flow in and out of the organization in a complex way makes them very susceptible to abuse from terrorists and money launderers.
• 4th generation of warfare: Fourth-generation warfare refers to a conflict where the state loses its monopoly on war and is fighting non-state actors e.g. terror groups and insurgents. It is the civil society that can be subverted by terror groups and insurgents.
• NGOs as a political tool against development: Nongovernmental organizations (NGOs) were once considered altruistic groups whose aim was to influence public policy with no vested interests impartially. Nevertheless, this perception has changed. They are increasingly perceived as groups that prioritize their own ideologies or that respond to the interests of their donors, patrons, and members rather than to those of the groups they represent.
  • E.g. Greenpeace has been accused by the government for working against  Development objectives like opposing coal firing and cole mining with vested interests.
• Lack of transparency in working, poor accounting and auditing practices.

THE WAY FORWARD:

The regulatory frameworks that govern civil society in India need urgent and comprehensive reform in partnership with civil society.

• Regulations need to be rationalized, simplified and made more coherent.
• They need to be fully compliant with both India’s Constitution156 and the international treaties157, to which India is a signatory.
• They need to clearly recognize the entire range of roles played by the nonprofit sector from the delivery of services to the watchdog of business, government and media.

National policy on Voluntary Sector 2007 should be implemented effectively. It aims to:

• To create an enabling environment for VOs that stimulates their enterprise and effectiveness and safeguards their autonomy;
• To enable VOs to mobilize necessary financial resources from India and abroad legitimately;
• To identify systems by which the Government may work together with VOs, on the basis of the principles of mutual trust and respect, and with shared responsibility; and,
• To encourage VOs to adopt transparent and accountable systems of governance and management.

Effective use of digital initiative for transparency: The NGO-DARPAN started out as an initiative of the Prime Minister’s Office to create and promote a healthy partnership between VOs/NGOs and the Government of India. The Portal is managed at present by NITI Aayog.

THE CONCLUSION: In developed, politically mature democracies, the role of civil society is cardinal in almost all aspects of public life. Civil society can be conceived as a social and public space and sphere that is above the domain of the family and below the state. Without a well-functional civil society, democracy cant is not functional. Thus there is a need to make the civil society, like NGO and voluntary organizations more transparent, functional and effective in functioning.

Mains Question

1. Without civil society, the conception of a vibrant democracy is not possible. Examine.
2. What are the challenges to civil society and what measures should be taken to strengthen civil society?

THE CONTEXT: The debate around the ability of Capital Expenditure (Capex) to boost long-term growth within the Indian economy, given both the pre and the post-pandemic weak economic environment, has seen a wide range of varying opinions being presented by economists and policymakers. The following article intends to analyse the implications of Capex in the Indian Economy from UPSC perspective.

RECENT CONTEXT: THE UNION BUDGET AND THE ARGUMENT FOR CAPEX

• To ramp the virtuous cycle of Investment and job creation the budget took lead again by steeply increasing the capital expenditure outlay by 37.4 % in BE 2023-24 to whooping Rs.10 lakh crore over Rs. 7.28 lakh crore in RE 2022-23.
• The targeted capital expenditure increase of 35% to ₹7.5 lakh crore in FY23 will induce demand for services and manufactured inputs from large industries and micro, small and medium enterprises (MSMEs), and help farmers through better infrastructure.
• Plans to expand highways and establish new cargo terminals under the PM Gati Shakti master plan will enhance competitiveness of Indian industry by lowering the cost of transportation and bettering connectivity between production centres and consumption markets, both domestic and global.

WHAT IS CAPEX?

• Capital Expenditure, or Capex for short, refers to the funds spent by a government, or organization on acquiring, improving, or maintaining long-term assets. These assets can include property, buildings, equipment, machinery, vehicles, technology, and infrastructure.
• Capex is typically distinguished from operating expenses (Opex), which are the day-to-day expenses of running a business or organization, such as salaries, utilities, and office supplies. Capex, on the other hand, is a long-term investment that is expected to generate benefits over a period of time, usually several years.
• Capex can be incurred for various reasons, such as expanding business operations, replacing outdated equipment, or investing in new technology. Capital expenditures can also be categorized as mandatory, such as regulatory compliance or safety requirements, or discretionary, such as investing in research and development or expanding into new markets.
• Since capital expenditures are a long-term investment, they can have a significant impact on a government’s financial health and profitability. Governments need to carefully evaluate the potential benefits of a capital expenditure against the costs of acquiring, improving, or maintaining the long-term asset.

DIFFERENTIATING REVENUE AND CAPITAL EXPENDITURES

Revenue expenditure and capital expenditure are two distinct types of expenses incurred by businesses, governments, and other organizations. The key differences between revenue expenditure and capital expenditure are as follows:

REVENUE EXPENDITURE

DEFINITION

Revenue expenditure refers to the expenses incurred by an organization on a day-to-day basis to maintain its operations.

PURPOSE

Revenue expenditure is incurred for maintaining the current level of operations.

TIME FRAME

Revenue expenditure provides benefits in the short-term

NATURE OF THE ASSET

Revenue expenditure is generally spent on consumables, such as salaries, rent, utilities, and supplies.

TREATMENT IN FINANCIAL STATEMENTS

Revenue expenditure is typically recorded as an expense in the income statement and reduces the profit of the organization.

IMPACT ON TAXES

Revenue expenditure is generally fully deductible as an expense for tax purposes in the year in which it is incurred.

CAPITAL EXPENDITURE

DEFINITION

Capital expenditure refers to the expenses incurred by an organization to acquire or improve its long-term assets.

PURPOSE

Capital expenditure is incurred for expanding or improving the organization’s future operations.

TIME FRAME

Capital expenditure provides benefits over a long period of time.

NATURE OF THE ASSET

Capital expenditure is spent on acquiring, improving, or maintaining long-term assets, such as buildings, equipment, machinery, and infrastructure.

TREATMENT IN FINANCIAL STATEMENTS

Capital expenditure is recorded as an asset in the balance sheet and depreciated over its useful life.

IMPACT ON TAXES

Capital expenditure may be deductible over a period of time through depreciation or amortization.

IMPLICATIONS OF HIGH CAPEX

• Stimulates Economic Growth: High capex can lead to increased economic growth as businesses invest in new projects, equipment, and technology. This can create new job opportunities, increase production, and improve infrastructure, resulting in higher GDP and a stronger economy overall.
  • The targeted capital expenditure increase of 35% to ₹7.5 lakh crore in FY23 will induce demand for services and manufactured inputs from large industries and micro, small and medium enterprises (MSMEs), and help farmers through better infrastructure. Plans to expand highways and establish new cargo terminals under the PM Gati Shakti master plan will enhance competitiveness of Indian industry by lowering the cost of transportation and bettering connectivity between production centres and consumption markets, both domestic and global.
• Enhances Productivity: Investment in new technology, equipment, and facilities can increase productivity and efficiency, leading to lower costs, higher profits, and increased competitiveness. This can help businesses stay ahead of the competition and increase their market share, leading to further economic growth.
• Increases Business Confidence: A high level of capex indicates that businesses are optimistic about future economic prospects and are willing to invest in long-term growth. This can create a positive sentiment in the business community and encourage further investment, leading to a virtuous cycle of economic growth.
• Multiplier effect: Capex has the maximum multiplier effect (change in rupee value of output with respect to a change in rupee value of expenditure). This multiplier effect works through expansion of ancillary industries and services and job creation.
  • A Rs 1 crore increase in capital expenditure leads to more than Rs 1 crore increase in GDP. This multiplier effect works through expansion of ancillary industries and services and job creation. On the supply side also, it can facilitate labour productivity. Thus, capital expenditure is an effective tool for countercyclical fiscal policy and acts as a macroeconomic stabilizer.

IMPLICATIONS OF LOW CAPEX

Low capex, or a lack of investment in long-term assets and infrastructure, can have several implications for businesses, governments, and the economy as a whole.

• Reduced productivity: If businesses do not invest in new machinery or technology, they may be unable to increase their productivity or efficiency, leading to lower output and profitability.
• Fewer job opportunities: Low capex may result in businesses being unable to expand their operations or create new jobs, potentially leading to higher unemployment rates and reduced economic activity.
• Increased costs: A lack of investment in infrastructure or maintenance can lead to increased repair costs or even the need for expensive emergency repairs, potentially leading to higher costs for businesses and governments.
• Decreased competitiveness: If businesses or governments do not invest in new technology, infrastructure or other long-term assets, they may become less competitive in the global market, potentially leading to lower levels of exports and reduced economic growth.
• Hindered economic growth: Low capex can result in reduced economic growth, as businesses and governments are not investing in the long-term assets and infrastructure necessary to support sustainable economic growth.
• Reduced quality of life: Low capex can impact the quality of life of citizens, as it can lead to deteriorating infrastructure, such as roads, bridges, and public buildings, as well as a lack of access to essential services such as healthcare, education, and public transportation.

Overall, low capex can have significant negative consequences for businesses, governments, and the economy as a whole. To avoid these negative implications, it is important for businesses and governments to invest in long-term assets and infrastructure that support sustainable economic growth and provide essential services to citizens.

BOTTOM LINE:

In terms of economic growth, a high capex is generally considered positive as it indicates that businesses and governments are investing in long-term assets and infrastructure that can help to increase productivity, create jobs, and drive economic growth. In contrast, a low capex may signal a lack of investment and a potential slowdown in economic growth.

Capex can also influence fiscal policies. For example, governments may use capex to stimulate economic growth by investing in infrastructure or by providing tax incentives for businesses to invest in long-term assets. Conversely, governments may choose to reduce capex in times of fiscal austerity to reduce budget deficits.

THE WAY FORWARD

• Investing in Human capital: Given the huge demographic potential that India has, the GOI must invest in enhancing the multi-dimensional capabilities of its people. This would result into lasting and sustainable opportunities of growth and development.
• Prioritize Infrastructure Investment: India needs to continue investing in infrastructure projects to support economic growth. The government should allocate a significant portion of its capex budget towards developing roads, railways, airports, ports, and other essential infrastructure.
• Focus on Health and Education: The COVID-19 pandemic has highlighted the importance of investing in health and education. The Indian government should allocate capex towards building and upgrading healthcare facilities, as well as expanding access to quality education.
• Encourage Private Investment: The government should create a favorable environment for private sector investment by reducing bureaucratic hurdles, streamlining regulatory processes, and providing incentives for businesses to invest.
• Manage Debt: The government should be careful in managing its debt to avoid a debt crisis. It should ensure that the debt taken to finance capex is sustainable, and that the benefits of investment exceed the costs.
  • For instance, capital expenditure funded by the government through heavy domestic borrowing (of the order of Rs 18 lakh crore by the Centre plus Rs 78,000 crore by 21 states towards loss in GST compensation due to the lockdown effect) has the potential of crowding out capital expenditure by the private sector, thus severely weakening the multiplier effect.
• Promote Innovation and Technology: The Indian government should encourage investment in innovation and technology to enhance productivity and competitiveness. This can be achieved by providing incentives for research and development, promoting startups, and investing in digital infrastructure.

THE CONCLUSION: Capex is an important measure of investment and growth potential, and a balanced approach is typically needed to ensure that capex levels support long-term economic growth while avoiding excessive debt and fiscal imbalances. The Indian government should prioritize investments that promote sustainable economic growth, social welfare, and technological advancement, while ensuring that the benefits of investment are shared equitably across the population.

Also, with the current impetus rightly given to capital expenditure, emphasis must also be provided on timely implementation of projects within the earmarked outlay by strengthening monitoring, redressal mechanisms and processes for controlling project delays. This would also help in ensuring quality control, which, in turn, will result in capital assets providing benefits over a longer term following the multiplier effect.

QUESTIONS

• “The creation of capital assets generates future cash flows for the economy and adds to value creation.” Discuss critically.
• “A lack of capital expenditure has often been criticised as neglecting long-term targets of economic growth and employment.” Do you agree? Suggest how should Government of India strategize capital expenditure in the aftermath of the pandemic and recent geopolitical issues?

THE CONTEXT: With 8,006 civilians killed and around 13 287 injured according to UN Human Rights data, the Ukraine war has continued for more than a year.

CAUSE OF CONFLICT

BALANCE OF POWER

• Ever since Ukraine split from the Soviet Union, both Russia and the West have vied for greater influence in the country to keep the balance of power in the region in their favour.
• Buffer Zone for Western Countries: For the US and the European Union, Ukraine is a crucial buffer between Russia and the West. As Ukraine is located between Western Europe and Russia and is not part of NATO, it works as a buffer zone.
• As tensions with Russia rise, the US and the EU are increasingly determined to keep Ukraine away from Russian control.

RUSSIAN INTEREST IN THE BLACK SEA

• The unique geography of the Black Sea region confers several geopolitical advantages to Russia.
• Access to the Black Sea is vital for all littoral and neighbouring states and greatly enhances the projection of power into several adjacent regions.
• The region is an important transit corridor for goods and energy.

PROTESTS IN UKRAINE

• Euromaidan Movement: European Square was a wave of demonstrations and civil unrest in Ukraine, which began in November 2013 with public protests in Maidan Independence Square in Kyiv, Ukraine.
• The protests were sparked by the Ukrainian government’s decision to suspend the signing of an association agreement with the European Union, instead choosing closer ties to Russia and the Eurasian Economic Union

SEPARATIST MOVEMENT

• The Donetsk and Luhansk regions of eastern Ukraine have faced a pro-Russian separatist movement since 2014.
• According to various sources, the Russian government actively supports the movement, and Russian paramilitaries make up between 15% to 80% of the separatists fighting against the Ukrainian government.

INVASION OF CRIMEA

• Russia seized Crimea from Ukraine in what was the first time a European country annexed territory from another country since WW-II.
• The annexation of Crimea from Ukraine followed a Russian military intervention in Crimea that took place in the aftermath of the 2014 Ukrainian revolution and was part of wider unrest across southern and eastern Ukraine.
• The invasion and subsequent annexation of Crimea have given Russia a maritime upper hand in the region.

UKRAINE’S NATO MEMBERSHIP

• Ukraine has urged NATO to speed up its country’s membership in the alliance.
• Russia has declared such a move a “red line”, and is worried about the consequences of the US-led military alliances expanding right up to its doorstep.
• The Black Sea is bordered by Bulgaria, Georgia, Romania, Russia, Turkey and Ukraine. Romania, Turkey and Bulgaria are NATO members.
• Due to this face off between NATO countries and Russia, the Black sea is a region of strategic importance & a potential maritime flash point.

AREA CONTROLLED BY RUSSIA IN UKRAINE

WHY IS THERE A DELAY IN THE WAR?

• Despite a series of Sanction on Russia(10 sanctions was imposed By the EU alone), there is only about 2% contraction on the Russian economy. This shows there is the failure of the sanctions regime.
• Failure of the UN: The trajectory of the UNSC’s dysfunctionality and systemic failure created the conditions that rendered it ineffective in the face of the 2022 Russia-Ukraine crisis. Therefore, this crisis strengthens the case for the dismantling and radical overhaul of the UN Security Council as an institutional framework.
• Lack of consensus in the countries: Every country sees it on the basis of self-interest. There is a lack of consensus in developing countries and the Global South.
• Proxy war: The war has been prolonged by self-interest and a lack of incentive to stop the war. For example. China rejected calling Russia’s moves on Ukraine an “invasion” and urged all sides to exercise restraint. The USA is also getting benefitted from prolonging the war as it is weakening Russia indirectly and Europe is getting in its sphere of influence and away from Russia.
• Russia holds ⅕ territory of Ukraine- thus no incentive for Ukraine to go to talk until it gain military advantage.

INDIA’S STAND ON THE WAR

• On February 23, 2023, on the eve of the first anniversary of Russia’s invasion of Ukraine, the United Nations General Assembly (UNGA) adopted a resolution, calling for an end to the war. The resolution was favoured by 141 members and opposed by seven, while 32 states abstained. Unsurprisingly, India was one among the 32. This is in line with the position India has been taking on the Ukraine crisis from the beginning. India’s stand is based on maintaining its strategic autonomy in foreign policy.
• However, there is moral question is being raised on India’s stand. Russia is infringing on the territorial integrity of Ukraine which India is protecting on the basis of principal ground.
• Russia’s annexation of Ukrainian territories is a clear violation of international laws. So, how can countries such as India ignore this fact and move on? India has repeatedly stated in the UN that the sovereignty and territorial integrity of all countries should be respected.

IMPACT OF THE CRISIS ON INDIA:

• India’s ties with Russia:
  • Ties with Russia, a historical partner, are important for India in many ways. One is energy — discounted fuel coming in from Russia is a relief for India, the world’s fifth-largest economy, which meets over 80% of its fuel needs through imports.
  • Bilateral ties with Russia have improved. There is a 400% jump in the economic ties with Russia that is dominated by a jump in the oil trade. Russia is now exporting 28% of its import basket of oil of
  • India has to work with powers in the Eurasian landmass where the U.S. is practically absent, especially after its disastrous withdrawal from Afghanistan. Russia plays a key role in India’s continental foreign policy.
  • India and Russia is establishing a payment system independent of the Dollar, that is a special vostro account so that trade be more resilient in the coflict situations.
• However, there is an issue in the defence cooperation of India and Russia as Russia is not able to timely deliver its defence equipment obligation e.g. timely delivery S-400 defence system.
• There is an increase in the axis of Russia-China-Pakistan; thus it may impact the long-term relationship between India and Russia.
• Putin announced that Moscow was unilaterally suspending the last remaining nuclear arms control treaty with the U.S. Thus, further escalation of the war can trigger a nuclear war that can destabilise the peace and scenario in the world. It will impact the trade and economic relations between different countries. Thus, the long term Developmental objective of the India will suffer adversely.
  • if the war prolongs, the risks of a Russia-NATO direct conflict would be higher. The rapid destruction of security in Europe and the deepening mistrust between major powers is comparable with the pre-First World War situation in the continent.An open confrontation between the great powers today would be cataclysmic because of the threat of nuclear weapons.The possibility of such a conflict would mean that the war is not just a European problem.

WHAT COULD INDIA DO?

• G20 presence- India can play a leadership role in the Ukrainian crisis. As india is projecting itself as a global leader, in a crisis situation India can take a leadership position to stop the war. India has a “long, complex” relationship with Russia and can use this influence to support an end to the Russia-Ukraine conflict.
  • However there has been a lack of consensus on it as G20 Finance Ministers failed to agree a joint statement on the global economy at talks in India after China sought to water down references to the Ukraine conflict.
• India called for reform in a multilateral institution like UN: Indian Prime minister urged reform in multilateral platforms, saying that such moves were necessary to make multilateral forums reflect “global realities”. “This is evident in the joint initiative by India and Germany under the G-4 to bring reform in the UN Security Council,”

THE WAY FORWARD:

• Strengthen the UN multilateral system: UN multilateral system Ned to be reformed. The rules-based international order has to be established by increasing the legitimacy of the UN System.
• Strengthen the Economic sanction: Stronger sanctions are essential as, at least for now, there are no prospects of the West putting boots on the ground to counterbalance Russia. These should include Russia’s expulsion from the SWIFT system. The focus should be on targeting its essential industries, such as the energy sector, since energy revenues from Europe amount to more than one-third of Russia’s income.
  • India and South Africa, large democracies from Asia and Africa, have consistently abstained from votes at the UN and refused to join the sanctions — because the sanctions were unilateral, imposed by specific countries or blocs, without UN approval. Brazil, the largest democracy in South America, has not joined the sanctions—as they claim it as less about global democracy than the post-Cold War security architecture in Europe.
• Creating deterrence: If the West wants to hit Russia where it hurts, it must stop buying Russian gas and oil. While the Ukraine war has prompted policymakers in Brussels to expedite efforts to end the bloc’s dependence on Russia’s natural gas (currently targeting a deadline of 2027), a concrete strategy for achieving this has yet to be determined.
• Work for disarmament and arms control treaty: This will go a long way towards ending the war.
• Strengthen the multipolar world order: A multipolar world will decrease the possibility of unilateral action. As power is not concentrated in any single state and is distributed at the global level, a ‘multipolar world’ opens up foreign policy and security choices for all countries. In this system, the stake of emerging power like India, and Brazil will increase and they will be able to play more effective roles at the world stage. Further, the Cold War mentality will end with the multipolar world order.
• There is a need to take the security concern of Russia, and instead of NATO-based security architecture, the multilateral and universal security architecture should be promoted e.g UN peacekeeping and peacebuilding.

THE CONCLUSION: The centrality of human rights in global politics should be maintained. There has been no war without blood, so war has to be demonised, and that can only be done by building global consensus. UN can play a major role in building peace and security. Thus there is need to reform in UN system, particularly UNSC.

Mains question

1. As the Ukraine-Russia conf has entered into the second year,  analyse its reasons and suggest measures to end the war.
2. Ukraine -Russia war will have wide-ranging implications at the global level. Analyse the impact with respect to India.

THE CONTEXT: One of the biggest announcements in the Union Budget 2019–20 was to promote zero-budget natural farming (ZBNF) on a massive scale. Terming it as “going back to basics,” the finance minister made a strong pitch for the implementation of ZBNF. However, there have been mixed results and responses ever since. The following article intends to analyse the efficacy of ZBNF in doubling farmers’ income in India.

ZERO BUDGET NATURAL FARMING (ZNBF): KEY FACTS

• Zero Budget Natural Farming (ZNBF) means raising crops without using any fertilizers and pesticides or any other external materials. The word Zero Budget refers to the zero cost of production of all crops.
• ZBNF guides the farmers towards sustainable farming practices thus helps in retaining soil fertility, to ensure a chemical free agriculture and ensure low cost of production (zero cost) and thereby enhancing the farmers income.In short, ZBNF is a farming method that believes in growing crops in tune with nature.
• The concept was promoted by agriculturist & Padma Shri awardee Subhash Palekar, in the mid-1990s as an alternative to the Green Revolution’s methods driven by chemical fertilizers and pesticides and intensive irrigation.
• Government has been promoting organic farming under the dedicated scheme of Paramparagat Krishi Vikas Yojana (PKVY) which encourages all kinds of chemical-free farming systems including Zero Budget Natural Farming.

FOUR PRINCIPLES OF ZBNF

• Jeevamrutha: A composition of cow dung and cow urine, jaggery, pulse flour, water and soil is applied on the farmland.
• Bijamrita: It is a mixture of neem leaves and pulp, tobacco and green chillies prepared for insect and pest management, that can be used to treat seeds.
• Acchadana (Mulching): It protects topsoil during cultivation and does not destroy it by tilling.
• Whapasa: It is the condition where there are both air molecules and water molecules present in the soil. Thereby, providing water to maintain the required moisture-air balance.

NEED TO IMPLEMENT ZERO BUDGET NATURAL FARMING IN INDIA

• Soil degradation: The excessive use of chemical fertilizers and pesticides has led to soil degradation, which has negatively impacted the soil’s fertility and health. ZBNF promotes natural farming techniques that help to restore soil health and fertility.
• Chemical contamination: The use of chemical fertilizers and pesticides has led to contamination of the soil and water sources, posing a threat to public health. ZBNF avoids the use of chemicals, thus reducing contamination of the environment.
• High input costs: Traditional farming methods require a high input of resources such as water, seeds, and chemical fertilizers, which can be expensive for small-scale farmers.
  • National Sample Survey Office (NSSO) data indicates more than 50 per cent of all farmers are in debt due to increased cost of farm inputs like fertilizers and chemical pesticides.
• Climate change: Agriculture is a significant contributor to greenhouse gas emissions, which are the primary cause of climate change. ZBNF promotes carbon sequestration in the soil and reduces greenhouse gas emissions by minimizing the use of chemical fertilizers and pesticides.
• Biodiversity loss: Modern farming practices have led to a loss of biodiversity, as they often involve the use of monoculture crops and the destruction of natural habitats. ZBNF promotes crop diversity and the preservation of natural habitats, which can help to conserve biodiversity.
• Farmer distress: Farmers in India face several challenges, including low income, debt, and crop failure. ZBNF can help to reduce farmers’ expenses and increase their income by promoting natural farming techniques that are cost-effective and yield better results.
  • The National Sample Survey Office (NSSO) data shows that almost 70% of agricultural households spend more than they earn and more than half of all farmers are in debt.
  • In States such as Andhra Pradesh and Telangana, levels of indebtedness are around 90%, where each household bears an average debt of ₹1 lakh.
• Food security: India is facing a challenge of providing food security to its growing population. ZBNF can help to increase crop yields, thus improving food security in the country.
• Doubling Farm income: To achieve the Central government’s promise to double farmers’ income by 2022, one aspect being considered is natural farming methods such as the ZBNF which reduce farmers’ dependence on loans to purchase inputs they cannot afford.

CASE STUDY

• Andhra Pradesh launched ZBNF in September 2015 under the Rashtriya Krishi Vikas Yojana. Rythu Sadhikara Samstha (RySS), Govt. of Andhra Pradesh is conducting experiments to generate the scientific evidence of the ZBNF in collaboration with University of Reading, UK World Agro forestry Centre, Nairobi, FAO & resource NGOs/Civil Society Organizations like Centre for Sustainable Agriculture, Hyderabad.
• In June 2018, Andhra Pradesh rolled out an ambitious plan to become India’s first State to practice 100% natural farming by 2024.
• A study – “Life Cycle Assessment of ZBNF and Non-ZBNF in Andhra Pradesh” – reports the following benefits:

        o   ZBNF processes require 50–60 per cent less water and less electricity (than non-ZBNF) for all the selected crops.

      o   ZBNF reduces methane emissions significantly through multiple aeration. It also has the potential to avoid residue burning by practicing mulching.

GOVERNMENT STEPS FOR PROMOTING ZBNF

• Bharatiya Prakritik Krishi Paddhati (BPKP): It is a sub-mission under the Paramparagat Krishi Vikas Yojana (PKVY). BPKP aims at promoting traditional indigenous practices, which give freedom to farmers from externally purchased inputs. It focuses on on-farm biomass recycling with major stress on biomass mulching, use of cow dung–urine formulations; and exclusion of all synthetic chemical inputs either directly or indirectly.
• Paramparagat Krishi Vikas Yojana (PKVY):Under the PKVY scheme, several organic farming methods like zero budget natural farming (ZBNF), natural farming, vedic farming, rishi farming, cow farming, homa farming, etc. are included wherein states adopt any model of organic farming including ZBNF depending on the farmer’s choice.
• Rashtriya Krishi Vikas Yojana (RKVY): According to the RKVY scheme, organic farming or natural farming model components are considered by the respective State Level Sanctioning Committee (SLSC). Under this scheme, the government provides financial assistance to states to promote organic farming, including ZBNF.
• National Mission for Sustainable Agriculture (NMSA): The NMSA is a scheme that aims to promote sustainable agriculture practices in India. Under this scheme, the government provides financial assistance to farmers to adopt sustainable agriculture practices, including ZBNF.
• ICAR through its Plan Scheme ‘Network Project on Organic Farming (NPOF)’ is undertaking research in 20 centers covering 16 states to develop location-specific organic farming package of practices for crops and cropping systems. Organic farming package of practices for 51 crops/cropping systems have been developed to provide technical backstopping to the line departments’ schemes implemented in the country.
• The Mission Organic Value Chain Development for North Eastern Region (MOVCD-NER), promotes 3rd party certified organic farming of niche crops of north east region through Farmer Producer Organisations(FPOs) with a focus on exports. Farmers are given assistance of Rs. 25000/ha for three years for organic inputs including organic manure and bio-fertilizers etc. Support for formation of FPOs, capacity building, post-harvest infrastructure up to Rs. 2 Crores is also provided under the scheme.
• 100 percent assistance is provided to State Governments/ Government agencies through Capital Investment Subsidy Scheme (CISS) under Soil Health Management Scheme for setting up of mechanized fruit/ vegetable market place, waste/ agro-waste compost production unit to the extent of Rs.190.00 Lakh/unit (capacity of 3000 tonne/annum of finished compost). Similarly, for individuals/private agencies, assistance up to 33 percent of cost, limited to Rs. 63 lakh/unit as capital investment is provided for the purpose.
• The farmers are encouraged to use organic inputs by providing financial assistance through a number of other schemes. For example, under the National Mission on Oilseeds and Oil Palm (NMOOP) and National Food Security Mission (NFSM), financial assistance at 50 per cent subsidy to the tune of Rs. 300/- per ha is provided for the use of organic inputs.

ISSUES WITH IMPLEMENTING ZERO BUDGET NATURAL FARMING IN INDIA

• Lack of awareness: Many farmers in India are not aware of ZBNF techniques, and there is a need for widespread education and awareness campaigns to promote the practice. This is particularly true for small and marginal farmers, who may lack access to information and resources.
• Lack of infrastructure: ZBNF requires infrastructure such as seed banks, compost pits, and cow sheds, which may be lacking in many rural areas in India. Building this infrastructure can be a significant challenge, particularly in remote and marginalized communities.
• Limited government support: While the Indian government has launched several initiatives to promote ZBNF, there is a need for more financial and technical support to help farmers adopt the practice. This includes the provision of subsidies, training programs, and access to credit.
  • The Paramparagat Krishi Vikas Yojana, which was meant to promote organic farming and soil health has been allocated Rs 325 crore only, whereas Rashtriya Krishi Vikas Yojana, a flagship Green Revolution scheme had an allocation of Rs 3,745 crore for the financial year 2019-20.
• Resistance from farmers: Some farmers may be resistant to change, particularly if they have been using traditional fertilizer-intensive farming methods for generations which gives good volumes of produce.
• Market barriers: There are market barriers to the adoption of ZBNF, particularly if the demand for organic produce is low. Farmers may need to be assured of a market for their produce before they are willing to adopt ZBNF.
• Question of sustainability: Though limited studies in Andhra Pradesh and Maharashtra have shown a decline in the input costs and improvement in yields, the long terms returns were seen dropping in a few years.
  • At a time when the estimates of the World Bank suggest that the percentage of agriculture workers of total workforce would drop to 25.7% by 2050 from 58.2% in 2001 (MoF 2018), these labor-intensive tasks in ZBNF will definitely pose a challenge to farmers.

BOTTOMLINE:

• Zero Budget Natural Farming (ZBNF) has been promoted in India as a sustainable option for doubling farm incomes. However, its effectiveness in achieving this goal depends on several factors, including the scale of implementation, the availability of resources and infrastructure, and the market demand for organic produce.
• ZBNF reduces the cost of inputs, which can increase farmers’ incomes, especially for small and marginal farmers who may not have access to expensive inputs.
• Furthermore, ZBNF can also improve soil health and fertility, increase crop yields, and reduce the risk of crop failure, which can lead to higher incomes. ZBNF can also promote the use of indigenous seeds, which can be more resilient to local conditions, and promote crop diversity, which can help to reduce the risk of crop failure.
• However, there are also some challenges in scaling up ZBNF to achieve the goal of doubling farm incomes. For example, there may be a lack of awareness among farmers, a lack of infrastructure and resources, and a lack of market demand for organic produce. Additionally, ZBNF may require a shift in mindset from farmers who have been using chemical-intensive farming methods for many years.

THE WAY FORWARD

• Promoting Awareness: One of the most crucial steps for the future of ZBNF in India is to create awareness among farmers about its benefits. This can be done through training programs, workshops, and field demonstrations. It is essential to educate farmers about the principles of ZBNF, the advantages of natural farming, and the techniques involved in implementing ZBNF.
• Scaling up ZBNF: To make ZBNF more effective, it is necessary to scale it up to a larger area. It can be done through government schemes and initiatives that provide financial assistance to farmers. The government can also collaborate with non-governmental organizations (NGOs) and other stakeholders to promote the adoption of ZBNF practices.
• Infrastructure and Resource Availability: Availability of resources such as water, seeds, and fertilizers are essential for the successful implementation of ZBNF. The government needs to provide the necessary infrastructure to enable farmers to access resources and inputs. This includes the development of irrigation facilities, seed banks, and the provision of organic inputs.
• Market Linkages: Another critical aspect of the future of ZBNF in India is to establish market linkages for the sale of organic produce. The government can set up a robust supply chain network that connects farmers directly with consumers or through intermediaries. This will help farmers to get better prices for their produce, which will motivate them to continue with natural farming.
• Research and Development: Research and development are essential for the future of ZBNF in India. The government should promote research in ZBNF to develop new techniques and technologies that can improve the productivity and profitability of natural farming. The development of appropriate technologies and farm machinery for ZBNF can help farmers to reduce the drudgery of manual labor and increase productivity.
• Holistic approach for agriculture: In addition to improvising cropping patterns through ZBNF, the GOI also need to bring reforms in policies like MSP, which have brought about a trend of monocropping and fertilizer intensive cropping in India.

THE CONCLUSION: ZBNF can be a sustainable option for doubling farm incomes in India if implemented effectively and at scale. It has the potential to improve soil health, reduce input costs, increase crop yields, and promote sustainable agriculture. However, achieving this goal will require concerted efforts from policymakers, farmers, and other stakeholders to promote the adoption of ZBNF and address the challenges associated with its implementation.

Questions

• Discuss in detail how can the implementation of Zero Budget Natural Farming (ZBNF) in India help in reducing the dependence on chemical fertilizers and pesticides, and promote the use of natural inputs.
• In the face of multi-dimensional issues like climate change and food security, the concept of Zero Budget Natural Farming (ZBNF) provides a lasting solution for reviving Indian agriculture. Examine critically.

THE CONTEXT: With a steady rise in the number of extreme weather events, especially heavy rainfall capable of triggering landslides and floods, the Indian Space Research Organisation (ISRO) recently released the Landslide Atlas of India, a detailed guide identifying landslide hotspots in the country. The following article attempts to analyse the Landslide Atlas of India from UPSC perspective.

WHAT CAUSES A LANDSLIDE?

• Landslides are natural disasters occurring mainly in mountainous terrains where there are conducive conditions of soil, rock, geology and slope.
• A sudden movement of rock, boulders, earth or debris down a slope is termed as a landslide.
• Natural causes that trigger it include heavy rainfall, earthquakes, snow melting and undercutting of slopes due to flooding.
• Landslides can also be caused by anthropogenic activities such as excavation, cutting of hills and trees, excessive infrastructure development, and overgrazing by cattle.

CLASSIFICATION OF LANDSLIDES

• Falls: Falls are rapid movements of rocks and boulders detached from steep slopes or cliffs along fractures, joints, and bedding planes.
• Topple: It is the forward rotation of a mass of debris or rock out of a slope. The slope failure generally occurs at point near the base of the block of rock.
• Slides: A slide is a downslope movement of material that occurs along a slip surface.
• Rotational slide: In this slide the slide movement is roughly rotational about an axis which is parallel to the ground surface and transverse across the slide.
• Translational slide: In this slide the landslide mass moves along a planar surface with rotation or backward tilting

TYPES OF FLOWS

• Debris flow: It is a form of rapid mass movement in which a combination of loose soil, rock, organic matter, slurry that flows downslope. They are commonly caused by intense precipitation or rapid snow melt.
• Earth flow: It is down slope viscous flow of fine-grained material saturated with water.
• Mudflow: A mudflow is wet or viscous fluid mass of fine- and coarse-grained material flows rapidly along drainage channels.
• Creep: Creep is the slow, steady, downward movement of material under gravity occurs in large area.

LAND SUBSIDENCE

• According to the United States Geological Survey (USGS), land subsidence is a gradual settling or sudden sinking of the Earth’s surface due to the removal or displacement of sub-surface earth materials.
• Subsidence (sinking) of the ground because of underground material movement is most often caused by the removal of water, oil, natural gas, or mineral resources out of the ground by pumping, fracking, or mining activities.
• Subsidence can also be caused by natural events such as earthquakes, soil compaction, glacial isostatic adjustment, erosion, sinkhole formation, and adding water to fine soils deposited by wind (a natural process known as loess deposits).
• The recent incident of Joshimath in Uttarakhand is termed to be an event of land subsidence.

LANDSLIDE

• A landslide is defined as the sudden movement of a mass of rock, debris, or earth down a slope.
• They are a type of mass wasting, which denotes any downward movement of soil and rock under the direct influence of gravity.
• The term landslide encompasses five modes of slope movement: falls, topples, slides, spreads, and flows.

NATURAL AND ANTHROPOGENIC DRIVERS OF LANDSLIDES IN INDIA

India is a country that is prone to landslides due to its diverse geology, topography, and climatic conditions. Landslides can be caused by both natural and anthropogenic factors. Here are some of the major causes of landslides in India:

NATURAL CAUSES

• Geological Conditions: India has varied geological conditions, including soft rocks, steep slopes, and unstable soil conditions. These conditions can make slopes prone to sliding and cause landslides.

        o   India has a complex geological structure due to its location at the junction of three tectonic plates – the Indian, Eurasian, and Arabian.

      o   This has led to the formation of several mountain ranges and high-altitude regions that are prone to landslides.

• Heavy Rainfall: Monsoons in India can cause heavy rainfall, which can saturate the soil, reduce its strength and increase its weight, leading to landslides.
• Earthquakes: India is located in a seismically active zone, and earthquakes can cause landslides by destabilizing slopes.
• Erosion: The natural erosion of slopes due to wind and water can weaken the soil, making it more susceptible to landslides.

ANTHROPOGENIC CAUSES

• Deforestation: The removal of trees and vegetation can cause landslides by reducing the slope stability and increasing soil erosion.
• Mining Activities: Mining operations can destabilize slopes and cause landslides due to blasting, excavation, and removal of soil and rock.
• Construction Activities: Improper construction practices, such as improper grading or excavation, can destabilize slopes and cause landslides.
• Land Use Change: Changes in land use, such as urbanization, can increase the number of impervious surfaces, reducing infiltration and increasing runoff, which can lead to landslides.
• Water Management: Poor water management, such as improper dam operations or improper drainage, can increase water pressure on slopes, reducing stability and causing landslides.

IMPLICATIONS OF LANDSLIDES

Landslides in India have a range of implications, including social, economic, environmental, and infrastructure impacts.

• Loss of life and injury: Landslides can cause loss of life and injury to people living in affected areas. In many cases, landslides occur suddenly, leaving people little time to evacuate.
• Damage to infrastructure: Landslides can damage roads, bridges, buildings, and other infrastructure, disrupting transportation and communication networks. This can have significant economic impacts, particularly in rural areas where transportation is often the main means of accessing markets and services.
• Economic losses: Landslides can have significant economic impacts, particularly in rural areas where agriculture is the main source of income. Damage to crops, livestock, and infrastructure can lead to reduced income and increased food insecurity.
• Environmental degradation: Landslides can cause significant environmental damage, including soil erosion, deforestation, and loss of biodiversity. This can have long-term impacts on soil quality, water resources, and ecosystem services.
• Displacement of communities: Landslides can force people to evacuate their homes, leading to temporary or permanent displacement. This can have significant social impacts, particularly for vulnerable groups such as women, children, and the elderly.
• Reduced tourism revenue: Landslides can also impact the tourism industry in India, particularly in areas known for their scenic beauty or cultural heritage. Disruptions to transportation and damage to infrastructure can deter tourists and reduce revenue.

INDIA’S DISASTER VULNERABILITY

• The vulnerability of India to landslides has been demonstrated by several major landslide events in recent years. In 2013, the Kedarnath landslide in Uttarakhand caused significant loss of life and property. Recently, Joshimath in Uttarakhand faced a similar fate with a series of alarming land subsidence incidents which lead to forced eviction of thousands of people.
• Approximately 0.42 million sq. km or 12.6% of land area, excluding snow covered area, is prone to landslide hazard. Out of this, 0.18 million sq. km falls in North East Himalaya, including Darjeeling and Sikkim Himalaya; 0.14 million sq. km falls in North West Himalaya (Uttarakhand, Himachal Pradesh and Jammu & Kashmir); 0.09 million sq. km in Western Ghats and Konkan hills (Tamil Nadu, Kerala, Karnataka, Goa and Maharashtra) and 0.01 million sq. km in Eastern Ghats of Aruku area in Andhra Pradesh. In India, landslides mostly occur in the monsoon season. Himalayas and Western Ghats are highly susceptible to mass movements due to hilly topography and heavy rainfall.
• The majority of landslides are triggered by variability in rainfall patterns, while sporadic events such as very heavy rainfall outside the monsoon period (Kedarnath event of 2013) and earthquakes (Sikkim earthquake) cause significant disruption to livelihood and infrastructure.
• The Northernmost Indian states, J&K, Himachal Pradesh, and Uttarakhand, are the worst affected states by the landslides disasters as the majority of the territory falls within the Himalayas.

HOW COULD THE LANDSLIDE ATLAS BE OF HELP?

The landslide atlas released by the Indian Space Research Organization (ISRO) is a valuable resource that can be used in several ways. Some of the uses of the landslide atlas are:

• Disaster management: The landslide atlas can be used to identify areas that are prone to landslides and take preventive measures to avoid loss of life and property. It can also be used to plan rescue and relief operations in the event of a landslide.
• Land use planning: The atlas can be used to identify areas that are unsuitable for development or human habitation due to the risk of landslides. This can help in proper land use planning and prevent the occurrence of disasters.
• Infrastructure planning: The atlas can be used to plan the construction of infrastructure such as roads, railways, and buildings in areas that are safe from landslides.
• Geological studies: The atlas can be used by geologists to study the causes of landslides and the factors that contribute to their occurrence.
• Research: The atlas can be used as a reference for research on landslides and related topics such as climate change, soil erosion, and natural disasters.

NATIONAL DISASTER MANAGEMENT AUTHORITY (NDMA) GUIDELINES FOR THE MANAGEMENT OF LANDSLIDES

• Hazard mapping: The NDMA recommends the preparation of landslide hazard maps, which can help identify areas that are at risk of landslides and guide land-use planning and development activities.

         o   Pilot projects to be taken up in different regions of the country to carry out detailed studies and monitoring of selected landslides to assess their stability status and estimate risk.

• Early warning systems: The NDMA emphasizes the need for early warning systems that can provide alerts about impending landslides, allowing people to evacuate and take other precautionary measures.
• Land-use planning: The NDMA recommends that land-use planning and development activities should take into account the risks of landslides, and appropriate measures should be taken to minimize the risks.
• Slope stabilization: The NDMA recommends the use of appropriate slope stabilization measures to help reduce the risks of landslides, such as the construction of retaining walls or the use of vegetation to hold the soil in place.
• Preparedness measures: The NDMA recommends that communities and organizations should develop and implement preparedness measures, including emergency response plans and training programs.

         o   Setting up of institutional mechanisms for generating awareness and preparedness about landslide hazard among various stakeholders.Establishment of an autonomous national centre for landslide research, studies and management.

• Post-landslide measures: The NDMA recommends that post-landslide measures should be taken to restore essential services and infrastructure, as well as to provide support to affected communities.

         o   Complete site-specific studies of major landslides and plan treatment measures and encourage state governments to continue these measures.

THE WAY FORWARD: A MULTI-PRONGED APPROACH FOR MITIGATING LANDSLIDES

Mitigating landslides in India requires a comprehensive approach that involves various stakeholders, including government agencies, local communities, and civil society organizations.

• Strengthen early warning systems: The government should continue to invest in early warning systems that can alert people living in landslide-prone areas. These systems should be equipped with modern technology, such as satellite imagery and remote sensing, to improve the accuracy of the warning and ensure that people have sufficient time to evacuate.
  • Geological Survey of India (GSI) in collaboration with the British Geological Survey (BGS) under the multi-consortium LANDSLIP project recently developed a prototype regional Landslide Early Warning System (LEWS) for India, and the same is currently being evaluated and tested by GSI in two pilot areas in India(Darjeeling. West Bengal, and the Nilgiris, Tamil Nadu).
• Enhance infrastructure development: The government should focus on developing infrastructure that is resilient to landslides. This can include building retaining walls, stabilizing slopes, and improving drainage systems. The government should also ensure that roads and bridges are built to withstand heavy rainfall and landslides.
• Promote reforestation and sustainable land use: The government should promote reforestation in areas that are prone to landslides. Trees can help stabilize the soil and reduce the risk of landslides. The government should also encourage sustainable land use practices, such as terrace farming, to reduce soil erosion and improve soil stability.
• Conduct more research and mapping: The government should invest in research and mapping to identify areas that are most vulnerable to landslides. This information can help local communities and authorities to take appropriate measures to prevent and manage landslides.
• Strengthen disaster management plans: The government should continue to strengthen disaster management plans to ensure that they are effective in responding to landslides. The plans should be regularly reviewed and updated to ensure that they are relevant to the changing landscape and the needs of the local communities.
• Build community awareness and capacity: The government should conduct awareness campaigns and capacity-building programs to educate local communities about the risks of landslides and how to prevent and manage them. This can include training on emergency response, early warning systems, and sustainable land use practices.

THE CONCLUSION: Mitigating landslides in India requires a multi-pronged approach that involves investment in infrastructure, reforestation, sustainable land use practices, research, and community engagement. The government should continue to work with various stakeholders to address the root causes of landslides and minimize their impact on people’s lives and livelihoods. In this endeavour of the government, the landslide atlas released by ISRO could be a valuable resource that can help in mitigating the risk of landslides and improving disaster management.

QUESTIONS

• “Technological innovations such as satellite mapping and remote sensing offer solutions for predicting and preventing landslides in India.” Discuss in the light of recently released the Landslide Atlas of India.
• India’s topography and geology make it particularly susceptible to landslides, which has potential implications for the country’s infrastructure and economy. Comment.

THE CONTEXT: Recently, a five-judge bench of the Supreme Court unanimously ruled that a high-power committee consisting of the Prime Minister, Leader of the Opposition in Lok Sabha, and the Chief Justice of India must pick the Chief Election Commissioner (CEC) and Election Commissioners (ECs). The following article attempts to analyse this judgment and its implications from the UPSC exam perspective.

KEY HIGHLIGHTS OF THE JUDGEMENT

• The Supreme Court (SC) recently ruled that the Constituent Assembly (CA) had intended for elections to be conducted by an independent commission, as evidenced by their debates on the appointment of the Election Commission of India (ECI).
• The addition of the phrase “subject to the provisions of any law made in that behalf by Parliament” indicates that the CA also anticipated parliamentary norms governing the appointment process.
• Although the Court typically does not interfere with legislative powers, the Constitution’s context and the legislature’s inaction created a need for intervention.
• Regarding the removal process for the Chief Election Commissioner (CEC) and Election Commissioners (ECs), the Court determined that the CEC holds a unique position and cannot be subject to the same removal process as the ECs, as article 324 becomes inoperative without the CEC.
• The Court left it up to the government to decide whether to fund the EC, establish a permanent secretariat, and charge related expenditures to the Consolidated Fund of India.

GOI’S STAND

• The government contended that without a law from Parliament, the President holds the constitutional authority and requested that the Court should exhibit judicial restraint.
• The Supreme Court’s decision on the appointment of the Election Commission of India raises concerns about the separation of powers because the Constitution gives Parliament the authority to make laws on the matter.

SC’S REPLY

• The Court acknowledged that its ruling is subject to any future laws enacted by Parliament, which could potentially overturn it.
• An alternate perspective is that since there is currently no law governing the issue, the Court must intervene to fill the resulting constitutional vacuum.

WHAT LED THE SUPREME COURT TO DIRECT REFORMS IN ECI’S APPOINTMENTS?

• The decision by the Supreme court comes amid allegations that election commission seemed to function with prejudice for the ruling party at the Centre, considering they were the one who brought the commissioner to power.
• The public interest petitions sought a law governing the appointment of the CEC and ECs. A first PIL was filed in 2015, and the Supreme Court agreed to hear a second PIL on the issue filed in 2018 by Delhi BJP leader Ashwini Upadhyaya.
• In 2015, a public interest litigation was filed by Anoop Baranwal challenging the constitutional validity of the practice of the Centre appointing members of the Election Commission.
• In October 2018, a two-judge bench of the SC referred the case to a larger bench since it would require a close examination of Article 324 of the Constitution, which deals with the mandate of the Chief Election Commissioner.
• In September 2022, a five-judge Constitution bench headed by Justice KM Joseph began hearing the case and almost a month later, the verdict was reserved.
• While hearing the plea in November, 2022, the apex court had noted that the appointment of Arun Goel as EC had been carried out with “lightning speed”, with the procedure taking less than 24 hours on November 18, 2022, from start to finish.

BASIS OF JUDICIAL INTERVENTION

• Absence of law: The crux of the challenge is that since Parliament makes no law on this issue.
• Urge for judicial intervention: The Court must step in to fill the constitutional vacuum, urges the PIL.
• Question of executive non-interference: This examination also leads to the larger question of separation of powers and if the judiciary is overstepping its role in filling this gap in the law.

STRUCTURE OF ECI

• The Election Commission of India consists of a Chief Election Commissioner (CEC) and two Election Commissioners (ECs).
• The CEC is the head of the Commission and has a higher status than the ECs. All decisions of the Commission are taken by a majority vote, with the CEC having the casting vote in case of a tie.
• According to Article 324, the Election Commission shall consist of the CEC and such number of other election commissioners, if any, as the President may from time-to-time fix.

Babasaheb Ambedkar had in 1949 said, “the whole election machinery should be in the hands of a Central Election Commission, which alone would be entitled to issue directives to returning officers, polling officers and others”.

CONSTITUTIONAL PROCEDURES FOR APPOINTMENTS AND REMOVALS IN ECI

APPOINTMENT

• Article 324(2): The appointment of the CEC and other Election Commissioners shall be made by the President, subject to the provisions of any law made in that behalf by Parliament.
• The Law Minister suggests a pool of suitable candidates to the Prime Minister for consideration.
• The President makes the appointment on the advice of the PM.

TENURE

• The President appoints Chief Election Commissioner and Election Commissioners.
• They have tenure of six years, or up to the age of 65 years, whichever is earlier.
• They enjoy the same status and receive salary and perks as available to Judges of the Supreme Court of India.
• All Election Commissioners have equal say in the decision making of the Commission.

REMOVAL

• The Chief Election Commissioner can be removed from his office in the same manner and on same grounds as a judge of the Supreme Court.
• In other words, he can be removed by the President on the basis of a resolution passed to that effect by both the Houses of Parliament with special majority, either on the ground of proved misbehavior or incapacity.
• Thus, he does not hold his office till the pleasure of the President, though he is appointed by him.
• Any other election commissioner or a regional commissioner cannot be removed from office except on the recommendation of the chief election commissioner.

SERVICE CONDITIONS OF CECS PRESENTLY

• Currently, the service conditions of the Chief Election Commissioner (CEC) are governed by the Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991.
• As per this act, the CEC is entitled to a salary equal to that of a Supreme Court judge, along with other allowances and benefits. The CEC also has a government-provided residence and office.

ARGUMENTS IN SUPPORT AND AGAINST OF SUPREME COURT RULING

ARGUMENTS IN SUPPORT OF SC’S RULING

• Promoting transparency in appointments: The Supreme Court (SC) of India ordered reforms in the appointments of the Election Commission of India (ECI) because it found that the current process lacked transparency and was prone to political influence.

o   There was no independent mechanism for the selection and appointment of the Chief Election Commissioner (CEC) and Election Commissioners (ECs), as the government held a dominant role in the process.

• Upholding Constitutional principles: This lack of independence and transparency in the appointment process was deemed to be a violation of the principles of democracy and the Constitution of India.
• Eliminating Arbitrary appointments: Furthermore, there were no fixed criteria or qualifications for the appointment of CECs and ECs. This led to arbitrary appointments on many occasions which overlooked merit and credibility.
• Question of non-partisanship:ECI failed on many occasions to use its powers effectively, because ECs are the appointees of the government of the day and not through an independent process of collegium.

         o   The SC’s decision will end the single party influence, essential to a democracy, where voting is the be-all and say-all of a functioning governance.

• Affirmative step: Various entities from the opposition and civil societies are affirmative for the decision claiming that insulating EC from Government influence & dependence will secure the integrity of the electoral process.
• Clear rules of removal and tenure: Also, the lack of a clear and defined process for the removal of CECs and ECs was found to be a significant flaw in the system. The Supreme Court has now said that the process of removing an EC should be the same as that for the CEC.

ARGUMENTS AGAINST SC’S RULING

• Violation of Separation of Powers: The ruling has been criticized for violating the principle of separation of powers, which stipulates that each branch of government should operate independently without encroaching on the jurisdiction of others.

         o   The government has argued that the appointment of Election Commissioners falls within the purview of the legislature and that the judiciary should not interfere with this domain.

• Judicial Overreach: Critics have argued that the Supreme Court has overstepped its authority by prescribing a new appointment process for Election Commissioners.

        o   The Constitution gives the power to appoint Election Commissioners to the President of India, who acts on the advice of the Council of Ministers. Any changes to this process should be made by the legislature and not the judiciary.

• Potential for Political Interference: Critics have argued that the new appointment process prescribed by the Supreme Court could lead to increased political interference.

         o   They argue that the proposed collegium system for selecting Election Commissioners, consisting of the Prime Minister, Leader of the Opposition in the Lok Sabha, and Chief Justice of India, could be subject to political influence and bias.

IMPORTANCE OF ELECTION COMMISSION OF INDIA (ECI) IN INDIAN DEMOCRACY

The Election Commission of India (ECI) plays a critical role in India’s democratic system. It is responsible for overseeing the conduct of elections, both at the national and state levels. The importance of the ECI for India can be understood in the following ways:

• Ensuring Free and Fair Elections: The ECI’s primary role is to conduct free and fair elections in the country. It is responsible for preparing and updating the electoral roll, supervising the conduct of elections, and ensuring that electoral laws and regulations are followed.
• Preserving the Integrity of the Electoral Process: The ECI plays a crucial role in preserving the integrity of the electoral process in India. It ensures that all eligible citizens are given the opportunity to vote, that their votes are counted accurately, and that the results are declared in a transparent and impartial manner.
• Protecting Democratic Values: The ECI is responsible for protecting the democratic values enshrined in the Indian Constitution. It ensures that the right to vote is protected, and that the election process is free from coercion, corruption, or other illegal practices.
• Upholding the Sovereignty of the Indian Constitution: The ECI upholds the sovereignty of the Indian Constitution by ensuring that the election process is conducted in a manner consistent with the constitutional principles of democracy, equality, and justice.

THE WAY FORWARD:

• Overcoming several issues through a transparent ECI: SC’s ruling has potential to carve out a more independent and transparent ECI. Such an independent and credible ECI should seriously address the several ills seen to be plaguing India’s electoral system, such as:

         o   allegations of selective culling of the electoral rolls;

      o   EVM voting often not complying with basic and essential requirements of ‘Democracy Principles’ i.e., each voter able to verify that her vote is cast-as-intended, recorded-as-cast and counted-as-recorded;

        o   vulgar use of money power; corrupting and criminalizing the elections; buying and selling of votes;

       o   brazen misuse of the media; partisan functioning of election officials; and non-enforcement of the Model Code of Conduct.

Only these measures can provide a level playing field, usher in integrity and restore confidence in the umpire, which is the essence of free and fair elections.

• Learning from best practices:

        o   In the United States, the Federal Election Commission (FEC) is an independent agency that oversees federal elections.

       o   In Australia, the Australian Electoral Commission (AEC) is an independent statutory authority that conducts federal elections and referendums.

       o   In both the US and Australia, the appointment of election commissioners is a political process, however, both countries have systems in place to ensure that the appointment process is non-partisan and that Commissioners serve fixed terms to maintain independence and impartiality.

• Preserving separation of powers: Both the Judiciary and Legislature must come on the same page to bring reforms in the appointment process as per the Constitutional procedures so as to uphold the legitimacy and acceptance of such reforms.

THE CONCLUSION: The ballot is more potent than the most powerful gun. Democracy facilitates a peaceful revolution at the hands of the common man if elections are held in a free and fair manner. The ECI’s role in ensuring free and fair elections, preserving the integrity of the electoral process, protecting democratic values, and upholding the sovereignty of the Indian Constitution makes it an essential institution for India’s democratic system. Thus, only a truly independent ECI can fulfill the Constitutional mandate of conducting free and fair elections.

Questions:

• “A person weak-kneed before the powerful cannot be appointed as Election Commissioner.” In the light of the statement, discuss the importance of having a transparent and independent appointment system for Election Commissioners in India.
• In a substantive democracy, the power to vote is “more potent than the most powerful gun”. People depend on an honest Election Commissioner, blessed with extraordinary powers, to guard the purity of the electoral process. Examine the statement in the light of recent Supreme court judgment which introduced a collegium for appointments to the Election Commissioners in India.

THE CONTEXT: Jordan recently hosted a meeting between top Israeli and Palestinian officials in a bid to halt a surge in deadly violence in the occupied West Bank that has stoked fears of a wider escalation. The planned talks come days after Israeli forces carried out a raid in the occupied West Bank city of Nablus that killed 11 Palestinians. Such incidents certainly have the potential to put the Middle-East peace process in jeopardy. The following article attempts to explain the evolution of the Israel-Palestine issue and its geopolitical implications within and beyond the Middle East region.

EVOLUTION OF THE ISRAEL-PALESTINE ISSUE

ZIONISM

• Zion is the name of the hill on which the Temple of Jerusalem was located.
• Zionism is the term used to describe the Jewish political movement of the late 19th century.
• Their objective is to unite the Jewish diaspora all over the world and settle them in Palestine.
• They started taking donations from wealthy Jews, helped the Holocaust survivors to migrate to Palestine and surrounding regions.
• This movement led to the establishment of Israel in 1948

DEVELOPMENTS DURING THE WORLD WARS

• After First World War, the Palestine region was under British Administration.
• The official policy of the British was to prevent Jews from settling in the Palestine region because it was leading to riots between Jews and native Arabs.
• But during the course of World War II, the US army discovered Nazi extermination camps. This created deep sympathy for Jewish people in the USA. The Senators and Congressmen of the USA, started lobbying for the Zionist cause.
• Therefore U.S. President Truman requested British Government to immediately admit 1 lakh Jewish Holocaust survivors into Palestine, and unrestricted Jewish immigration in Palestine in future.
• The neighbouring Arab nations did not favour this inward migration in Palestine.

DEVELOPMENTS IN THE AFTERMATH OF THE WORLD WAR II, 1945

• The Jews that survived the holocaust and extermination camps, had no home of their own- everything was destroyed in the war. The Zionists helped them immigrate and settle in Palestine.
• But the Palestinian Arabs decided that no more Jews should arrive and that Palestine should achieve independence as an Arab state. (In 1946 there were 12 lakh Arabs and 7 lakh Jews in Palestine). There was rioting and violence everywhere, from both sides.
• The area was still under British administration. But during this time, Britain lacked the money, political will and military force to maintain hard control over its colonies.
• In Feb 1947, Britishers were busy negotiating the independence of India. They were also eager to decrease costly military presence in Palestine.
• So British Government decided to hand over the Palestine question to United Nations.

UN RESOLUTION ON PALESTINE

• In late 1947, The United Nations General Assembly passed a resolution: This Palestine region be partitioned into an Arab State and a Jewish state, and Jerusalem will become an international centre.
• Arab nations opposed this resolution.
• The Zionists welcomed the partition proposal because it recognized a Jewish state and because it allotted more than half of (west-of-Jordan) Palestine to them.
• Soon after the UN resolution, rioting and civil war broke out in Palestine, between the native Arab and Jews.

BIRTH OF ISRAEL, 1948

• As the civil war, rioting, murder, loot, plunder, assassinations spread, on 14th May 1948, the Last British high commissioner left Palestine.
• Immediately, the Zionist leaders declared Israel a free Nation. Within a few hours, USA also recognized Israel as a nation.
• In the upcoming days, the Arab nations: Syria, Jordan, Iraq, and Egypt sent their armies but were defeated by Israeli forces. (This is known as First Israel-Arab War)
• UN General Assembly had favored the partition of Palestine region into an Arab State and a Jewish state.
• While Jewish State (Israel) came into existence, but there was no Palestine Arab State because Palestinian Arabs were not organized, unlike Zionists, they lacked the money and gun power of their own. They relied on the armies sent by Syria, Jordan, Iraq, and Egypt, to fight for their cause.

THE PERSISTENT QUESTION OF JERUSALEM CITY

• After The First Israel-Arab war, the Jerusalem city and surrounding were divided between Israel (West) and Jordan (East).
• West Bank is the region on the west side of the Jordan River. From 1950 to 1967 it was ruled by Jordan.
• But Israel captured it in 1967’s war (also known as 6 Days war, or Third Israel-Arab war).
• Under the UN resolution, the Gaza strip will be given to Arab State.
• After Israel became an independent nation (1948), the Arabs from Tel-Aviv and other parts of Israel/Palestine region, had started migrating to this Gaza strip, to save themselves from riots and looting. These are called Palestinian (Arab) refugees.
• During the first Israel-Arab war, the Egyptian army had captured Gaza strip. But In 1967’s war, Israel re-captured Gaza Strip.
• But The Egyptian government did not consider Gaza Strip as a part of Egypt and did not allow those refugees to become Egyptian citizens or to migrate to Egypt or to other Arab countries.
• On the other side, Israel did not allow these refugees to return to their former homes. So, these refugees are stuck from both the sides, live in poverty and food aid from United Nations.
• Ever since, there is rioting and violent street clashes between Gaza’s Palestinians (refugees/Hamas) and occupying Israeli troops.

YASSER ARAFAT AND PLO, 1964

• So far, the Palestinian Arabs were relying on outside support (Syria, Jordan, Egypt, Lebanon), but later realized they had to get themselves organized to fight for their own cause. Thus came Palestine Liberation Organization (PLO). Yasser Arafat became the leader of PLO.
• PLO launched a guerrilla war against Israel during the 1960s to 1980s from its camps in Jordan.
• But later on, PLO got into power-struggle with Jordanian King, and were expelled from there. So, PLO shifted their base to Lebanon.
• 1982, Israel launched a military attack on Lebanon to destroy the PLO camps.
• Ultimately Yasser Arafat concluded that military fight with Israel without any substantial developments.
• Finally, PLO decided to accept the earlier UN resolution (recall: UN wanted Palestine region to be divided between a Jewish State and an Arab State).

HAMAS, 1987

• They’re political-militant organization stationed in the West Bank and Gaza Strip. They run their own schools, charities, clinics, and schools in these areas.
• They get money and weapons from tunnels through the Egypt-Gaza border. They want to destroy Israel and create an Islamic state in Palestine.
• The Difference between Hamas and PLO is that both started as militant movements for Palestinian Arabs but PLO has (almost) ceased violence while Hamas continues to remain armed and dangerous.

OSLO ACCORDS, 1993

• After many rounds of talks, Israeli Government and Yasser Arafat’s PLO entered into a peace agreement, according to which
• Israel and PLO will formally recognize each other’s right to exist.
• A new Palestine authority (PA) will be formed, it’ll have elected Arab representatives.
• Israel will gradually hand over the administration of the Gaza strip and West Bank, to the Palestine Authority (PA).
• But Hamas was opposed to Oslo accords.

PALESTINE AUTHORITY (PA)

• It was formed under the Oslo Accord.
• Elections were held, Yasser Arafat’s Fatah party won majority seats and he became the first President of Palestine Authority (PA).
• Israel withdrew its military from Gaza strip, and handed over the civil functions (police, municipality etc) to this Palestine Authority in 1994.
• After Yasser Arafat, the Hamas Party defeated his Fatah Party in 2006’s election for Palestine Authority. Hamas and Fatah eventually formed a coalition government, but there was violence and power struggle between these two camps.
• Ultimately, Hamas got control of the Gaza Strip, while Fatah took control of the West Bank.

GAZA BLOCKADE, 2007

• In 2007, Gaza strip was under Hamas rule. The acts of terrorism continued.
• Israel declared them as a hostile entity and approved sanctions against Gaza strip- including electricity cuts, heavily restricted imports, and border closures. Hamas retaliated by launching rockets at Israeli cities.
• So, Israel started a military invasion on the Gaza, mainly to destroy those tunnels through which Hamas gets rockets and other weapons.
• In this clash, more than 1,000 were killed. Finally, Israel and Hamas declared a unilateral cease-fire.
• Since then, Gaza strip is in control of Hamas but Israel has blocked the whole area with a huge wall.

PRESENT SCENARIO

• Tensions are often high between Israel and Palestinians living in East Jerusalem, Gaza and the West Bank.
• Gaza is ruled by the Palestinian militant group Hamas, which has fought Israel many times. Israel and Egypt tightly control Gaza’s borders to stop weapons getting to Hamas
• Palestinians in Gaza and the West Bank say they are suffering because of Israeli actions and restrictions. Israel says it is only acting to protect itself from Palestinian violence.

THE MIDDLE EAST PEACE PROCESS

The Middle East region, particularly the ongoing conflict between Israel and Palestine, has been a major issue in international politics for several decades. Over the years, various peace efforts and agreements have been made to establish peace between the two nations. Here are some of the key peace efforts and agreements that have taken place:

• Oslo Accords (1993): The Oslo Accords were a set of agreements signed between Israel and Palestine in 1993, with the aim of establishing peace between the two nations. The accords recognized Israel’s right to exist and established a Palestinian Authority (PA) to govern parts of the West Bank and Gaza Strip. However, the Oslo Accords did not lead to a final resolution of the conflict and have been criticized for failing to address key issues such as the status of Jerusalem, the borders of a future Palestinian state, and the right of return for Palestinian refugees.
• Camp David Accords (1978): The Camp David Accords were signed between Israel and Egypt in 1978, with the United States acting as a mediator. The accords led to the establishment of peace between Israel and Egypt and the return of the Sinai Peninsula to Egypt. However, the Camp David Accords did not address the Palestinian issue and have been criticized for excluding the Palestinians from the negotiations.
• Madrid Conference (1991): The Madrid Conference was an international conference held in Madrid, Spain, in 1991, aimed at resolving the Arab-Israeli conflict. The conference brought together Israel and its Arab neighbors, including Palestine, to discuss peace. Although the conference did not result in a formal agreement, it laid the foundation for the subsequent Oslo Accords.
• Arab Peace Initiative (2002): The Arab Peace Initiative was a proposal put forward by the Arab League in 2002, offering Israel full diplomatic recognition and normalization of relations with all Arab states in exchange for Israel’s withdrawal from the occupied territories and the establishment of a Palestinian state with East Jerusalem as its capital. Although Israel initially rejected the proposal, it has since been acknowledged as a key component of any future peace settlement.
• Annapolis Conference (2007): The Annapolis Conference was a conference held in Annapolis, Maryland, in 2007, aimed at advancing the peace process between Israel and Palestine. The conference resulted in the establishment of a negotiating framework, with the goal of reaching a final peace settlement by the end of 2008. However, the negotiations ultimately stalled and did not lead to a final agreement.
• Abraham Accords (2020): The Abraham Accords were a series of agreements signed between Israel and several Arab states, including the United Arab Emirates, Bahrain, and Sudan, in 2020. The agreements established diplomatic relations and cooperation in areas such as trade, tourism, and security. While the Abraham Accords did not directly address the Palestinian issue, they were seen as a significant step towards regional peace and stability.

The conflict between Israel and Palestine remains unresolved despite the various peace efforts and agreements. For instance, recently Israeli armed forces have penetrated Al-Aqsa Mosque in the Haram esh-Sharif in Jerusalem. Hamas retaliated by firing rockets on Israel. In retaliation, Israeli airstrikes targeted the Gaza Strip. The key issues of the status of Jerusalem, the borders of a future Palestinian state, and the right of return for Palestinian refugees continue to be contentious and unresolved.

THE MIDDLE EAST PEACE PROCESS IN JEOPARDY

• The revival of Israel-Palestine conflicts does undermine the various peace efforts for establishing peace in the Middle East region. Each time violence erupts between Israel and Palestine, it erodes the trust and goodwill that may have been built up during previous peace efforts and agreements. It also increases the level of animosity between the two sides, making it more difficult to reach a lasting peace settlement.
• The recent violence in May 2021, for example, saw a significant escalation in hostilities between Israel and Palestine, resulting in numerous casualties and extensive damage. This violence undermined the relative calm that had existed since the 2014 Gaza conflict and created new obstacles to peace. It also led to the postponement of several planned peace talks and other diplomatic efforts.
• Furthermore, the continued occupation of Palestinian territories by Israel, the expansion of Israeli settlements in the West Bank, and the lack of progress in negotiations over key issues such as Jerusalem, borders, and refugees, all contribute to the erosion of peace efforts. These factors, combined with the lack of political will and leadership on both sides, make it increasingly challenging to reach a final peace settlement.

IMPLICATIONS OF THE CONFLICT

• The Israel-Palestine conflict has had significant implications for the region and the world. The conflict has caused immense human suffering, with both Israelis and Palestinians experiencing violence, displacement, and loss.
• It has also contributed to instability in the region, as well as international tensions and geopolitical rivalries. The conflict has created a sense of bitterness and mistrust between Israelis and Palestinians, making the prospect of a peaceful resolution seem increasingly remote.
• Additionally, the conflict has led to the growth of extremist groups and terrorist activities, with both Israelis and Palestinians resorting to violence as a means of achieving their goals.
• The conflict has also had implications for international relations, with various countries taking sides and seeking to exert influence over the region.

INDIA’S STAND ON THE ISRAEL-PALESTINE ISSUE

India supports a united, independent, viable, sovereign state of Palestine with East Jerusalem as its capital, living within secured and recognized borders side by side at peace with Israel.

1936

Congress working committee sent greetings to Palestine and on 27th September first observed Palestine day.

1939

Session of INC adopted a resolution on Palestine and looked forward to the emergence of an Independent democratic state in Palestine in which Jews rights would be protected. India was the member of UN special committee on Palestine.

1974

India became the first non-Arab country to recognize the Palestine Liberation Organization (PLO) as the sole and legitimate representative of the Palestine people.

1980

GOI announced in Parliament India’s decision to accord full diplomatic recognition to the PLO office in New Delhi. It was after this that Yasser Arafat paid a three-day visit to India, during which he described India as an ‘eternal friend’.

1988

India recognized Palestine as a state. Indian Government has constructed the Palestine embassy building in New Delhi, as a gift of the people and GOI to the Palestine people.

THE WAY FORWARD:

• Negotiation and Dialogue: The most viable solution to the conflict is through peaceful negotiation and dialogue. Both sides need to come to the table with an open mind, ready to compromise and find a solution that benefits everyone. A neutral mediator, such as the United Nations, could facilitate the negotiation process.
• Two-State Solution: The two-state solution has been widely accepted as the most practical and realistic solution to the conflict. This would involve the creation of an independent Palestinian state alongside Israel, with defined borders and recognition of both states by each other.
• End Violence and Terrorism: Both sides need to end all forms of violence and terrorism, which only further escalate the conflict and lead to more suffering for Palestinians and Israelis. International support and pressure could be applied to both sides to ensure that they abide by their commitments to peace and security.
• Address the Root Causes: The conflict is rooted in a number of complex historical, political, and religious factors. Addressing the underlying causes, such as land ownership, refugee resettlement, and religious and cultural differences, is essential to resolving the conflict.
• International Community Involvement: The international community, including neighboring Arab countries, must play a more active role in resolving the conflict. This could involve diplomatic and economic pressure on both sides to come to a negotiated settlement.
• Humanitarian Aid and Reconstruction: The conflict has caused significant damage to infrastructure and resulted in the displacement of millions of people. Providing humanitarian aid and supporting the reconstruction of the Palestinian territories would help alleviate the suffering of those affected by the conflict.

THE CONCLUSION: The revival of conflicts between Israel and Palestine undermines the various peace efforts and agreements for establishing peace in the Middle East region. To achieve lasting peace, there needs to be a renewed commitment to dialogue, negotiation, and compromise, as well as the implementation of agreed-upon measures to improve the lives of Israelis and Palestinians. Resolving the Israel-Palestine issue will require a concerted effort from both sides, with the international community’s support. A negotiated settlement based on the two-state solution, an end to violence and terrorism, addressing the root causes of the conflict, and providing humanitarian aid and reconstruction support are all crucial steps towards lasting peace in the region.

Questions:

• India’s policy on the Israel-Palestine issue has gone from being unequivocally pro-Palestine for the first four decades to a tense balancing act with its growing friendly ties with Israel in contemporary times. Do you agree? Explain your viewpoints with suitable arguments.
• Even after numerous efforts, the Israel-Palestine conflict stands still against the possibility of an outcome-oriented Middle East Peace Process. Examine.

THE CONTEXT: The first official visit of Australian Prime Minister Anthony Albanese began in India on 8 March 2023. Albanese is in India for India-Australia Summit which has been concluded on 11 March 2023. India-Australia has gained new momentum with the changing geostrategic scenario. In this article, we will look into a different aspects of this relationship with reference to the Indo-Pacific region.

INDIA-AUSTRALIA BILATERAL RELATIONS: A HISTORICAL BACKGROUND

• The end of the Cold War and simultaneously India’s decision to launch major economic reforms in 1991 provided the first step towards closer economic cooperation.
• The ties were upgraded to comprehensive Strategic partnership in June 2020.
• India and Australia signed an Economic Cooperation and Trade Agreement (ECTA) with an eye on doubling bilateral trade to $50 billion in the next five years and easing the movement of people, goods and services across borders. The negotiations for India-Australia ECTA were formally re-launched on 30 September 2021 (which were stalled since 2015) and concluded on a fast-track basis by the end of March 2022.

KEY AREAS OF RELATION

ECONOMIC COOPERATION

• India is Australia’s 5th largest trading partner.
• $26 B bilateral trade as of 2020

SCIENCE, TECHNOLOGY AND RESEARCH COLLABORATION:

• Both countries jointly decided to work together in the areas of digital economy, cyber security and critical and emerging technologies as identified by the Framework Arrangement on Cyber and Cyber-Enabled Critical Technology Cooperation.
• The MOU on Cooperation in the field of Mining and Processing of Critical and Strategic Minerals identifies specific areas where both sides will work together to meet the technological demands of the future economy.

MARITIME COOPERATION FOR AN OPEN AND INCLUSIVE INDO-PACIFIC

• India and Australia agreed to boost cooperation in the maritime domain as encapsulated in Joint Declaration on a Shared Vision for Maritime Cooperation in the Indo-Pacific.
• Both India and Australia are committed to working together with partners and relevant regional organisations across the Indo-Pacific, including ASEAN, to enhance capacity for sustainable management of marine resources.
• Australia expressed support for India’s Indo-Pacific Oceans Initiative (IPOI) which will promote better coordination and cooperation among the countries in the region.
• India France Australia trilateral naval exercises and ministerial dialogue affirm commitment for free open and inclusive Indo-pacific and a rules-based order in the region with ASEAN centrality.

DEFENCE COOPERATION

• Military Exercise: Deepen and broaden defence cooperation by enhancing the scope and complexity of their military exercises and engagement activities to develop new ways to address shared security challenges.
• Both sides agreed to increase military inter-operability through defence exercises through their Arrangement concerning Mutual Logistics Support
• Australia’s white paper on foreign policy released in 2017 sees India in the front rank of Australia’s international partnerships. It says both countries have congruent interests in the openness and stability of Indian Ocean and both must ensure freedom of navigation and maritime security in the region.

ENERGY SECURITY

• Both of countries has established Energy security dialogue. Australia has huge reserves of uranium and thus can help in nuclear power cooperation.
• Civil nuclear cooperation agreement was signed in 2014, enabling India to secure uranium from Australia.
• Also India’s dependence on China for rare earth metals can be reduced through increasing imports from Australia.

COOPERATION WITH SMALL ISLAND COUNTRIES

• Australia’s Pacific set up and India’s forum for India – Pacific Islands Cooperation (FIPIC) reaffirmed their cooperation in the South Pacific region

SECTORAL COOPERATION

• Both countries have established Joint working groups in energy, minerals and education.
• cooperation in the Clean Ganga river project
• Both are members of IORA, commonwealth, and ASEAN regional forum

PEOPLE-TO-PEOPLE TIES

• Indian diaspora estimated to be nearly 7 lakh in Australia.
• India is third largest source of immigrants for Australia.

SIGNIFICANCE OF AUSTRALIA

• Australia supports India’s candidature for an expanded security council and in APEC.
• Cooperating as members of Five Interested Parties (FIP) in case of WTO.
• Along with Japan India and Australia have proposed supply chain resilience initiative
• Australia is also a member of ISA.
• Beyond bilateralism, both countries are also entering into partnerships with like­minded countries, including Indonesia, Japan and France, in a trilateral framework.

OUTCOME OF THE CURRENT VISIT

• Economic cooperation: Both countries agreed on the early conclusion of India-Australia Comprehensive Economic Cooperation Agreement.
• Defence Partnership: Australia has agreed to strengthen its defence partnerships with India
• MoUs were signed in sports and audio-visual co-production agreements and terms of reference for Solar Taskforce exchanged between India and Australia.
• Indo-pacific region: PM of India discussed maritime security in the Indo-Pacific and ways to enhance mutual security with his Australian counterpart. “In the field of defence, we have made remarkable agreements in the last few years, including logistics support for each other’s militaries,”
• India has condemned attacks on the temples in Australia. Australia assured India of the safety of the Indian community.

WHAT IS INDO-PACIFIC?

• Indo pacific region is emerging as the important geostrategic region. The Indo pacific for India is a dynamic coupling of two sea- Indian and Pacific Ocean. Indo pacific name itself denotes the centrality of India in the region.
• Indo-Pacific is home to 65 percent of the world’s population, accounts for 63 percent of the world’s gross domestic product (GDP), and more than 60 percent of the world’s maritime trade flows through the region.

HISTORICAL BACKGROUND

Japanese Prime Minister Shinzo Abe referred to the “confluence” of the Indian and Pacific Oceans in his speech to the Indian Parliament in August 2007 as “the dynamic coupling as seas of freedom and of prosperity” in the “broader Asia”.The emergence of the Indo-Pacific as a new geographic space—bringing together the Indian and the Pacific Oceans—represents the new strategic reality of the twenty-first century.

Formally documentation of Indo-Pacific: It was first officially documented in Australia’s Defence White Paper, 2013.

QUAD (Quadrilateral security dialogue) has been in the focus in the context of freedom of navigation in the Indo-Pacific countries.

Evolution of Quad: Genesis –

• In 2004, India, Japan, Australia and the US formed the Tsunami Core Group for disaster relief.
• April, 2007 – Joint naval exercises near Tokyo by India, Japan and the United States.
• May 2007 – In Manila, on the sidelines of Asian Regional Forum members met in the inaugural meeting of the Quadrilateral
• August 2007 – Shinzo Abe delivers “Confluence of Two Seas” speech in Indian Parliament.
• September 2007 – Further naval exercises were held in the Bay of Bengal, including Australia.
• October2007 – Security agreement between Japan and India, ratified during a visit by Indian Prime Minister Manmohan Singh to Tokyo, to promote sea lane safety and defense collaboration; Japan had previously established such an agreement only with Australia.
• January 2008 – Before visiting China, the Indian prime minister, Manmohan Singh, declared that “India is not part of any so-called contain China effort,” when asked about the Quadrilateral.
• February 2008 – Kevin Rudd, unilaterally announced Australia’s departure from the Quadrilateral Security Dialogue without consulting members of the Quad.

REASONS FOR ITS EMERGING

• The economic interests and future growth of many nations, in the region and beyond, are intricately linked to the freedom of navigation and free flow of trade through the Indo-Pacific.
• Eastward shift of the world’s economic “centre of gravity” toward the Asian continent from trans Atlantic region. Thus Indo Pacific region has emerged as an integrated geopolitical construct, wherein lie tremendous geoeconomic opportunities as well as daunting security challenges, not only for Asia but also for the rest of the wider world.
• India has emerged as an important and major player in the global sphere thus global community expects India to play a major role, including in terms of ensuring a maritime environment that is conducive for economic growth and development.
• The trigger for the “Indo-Pacific” coinage was China’s increasing politico-military assertiveness and increasing its unilateral actions like String of pearls, Increasing its actions in South China sea (nine-dash line ) etc
• The “Indo-Pacific” idea is an opportunity to showcase the Indian Navy’s capability to moderate China’s behavior, thereby dissuading its future aggressiveness.
• A more aggressive China has resulted in the revival of the Quadrilateral Security Dialogue and the announcement of a trilateral security pact (AUKUS). India, Japan, and Australia are emerging power centres and are being viewed as balancing powers in the region.

DIFFERENT STRATEGY OF VARIOUS COUNTRIES WITH RESPECT TO INDO-PACIFIC

THE U.S

America’s vision for a free, open, connected, prosperous, resilient, and secure Indo-Pacific region in which all countries are empowered to adapt to the 21st century’s challenges and seize its many opportunities. The United States will pursue an Indo-Pacific region that is:

●  Free & Open: A free Indo-Pacific means problems are dealt with openly, rules are reached transparently and applied fairly, goods and ideas and people flow freely

●  Connected: A connected Indo-Pacific means stronger connections within and beyond the region that allow us to work together as a regional community to tackle our shared problems.

●  Prosperous: A prosperous Indo-Pacific means broad-based prosperity and free, fair, open, and reciprocal trade that leaves no communities or countries behind in the 21st century.

●  Resilient: A resilient Indo-Pacific means improved global health security and strengthening people’s, countries’ and economies’ ability

●  Secure: A secure Indo-Pacific means that movements of people, ideas, and goods across international sea, land, and air borders and across cyberspace are made legally.

India

India remained more focused on the continental borders till the end of 20th century . Nonetheless, situation changed in 21st century and India started focusing more on maritime domain.

India views indo pacific from the shores of Africa to the Americas

India rebooted its maritime outreach in the Indian Ocean with the launch of :

●  Indian Ocean Rim Association (IORA) for regional cooperation in 199.

●  Launch of Security and Growth for All in the Region (SAGAR) initiative in 2015.

Recognising the fact that non-conventional security threats cannot be effectively addressed without securing the East Indian Ocean and Western Pacific, India officially joined the Indo-Pacific construct in 2018.

Addressing the Shangri La Dialogue in Singapore, Prime Minister outlined India’s vision and policy elements for Indo-Pacific.

In his address Prime Minister called for “an open and inclusive order in Indo-Pacific based on respect for sovereignty and territorial integrity of all nations” .

Prime Minister’s address was followed by the launch Indo-Pacific Ocean Initiative (IPOI) in November 2019 which added more clarity to India’s vision.

IPOI listed

(1) Maritime Security;

(2) Maritime Ecology;

(3) Maritime Resources;

(4) Capacity Building and Resource Sharing;

(5) Disaster Risk Reduction and Management;

(6) Science, Technology and Academic Cooperation; and

(7) Trade, Connectivity and Maritime Transport as seven pillars for the cooperation with Indo-Pacific countries.

It envisages drawing on existing regional cooperation architecture and mechanisms to achieve the objective of open and inclusive Indo-Pacific.

India has opened indo pacific division and an oceania division under the same Additional secretary to ensure integration in approach.

India has been categorical that it is ‘for something’ in the Indo-Pacific and ‘not against somebody’, seeking to carefully calibrate its relations with the US and China in this geopolitically critical region.

ASEAN

ASEAN lies at the centre of the Indo-Pacific. ASEAN deliberated for more than a year to publish a short five-page long ASEAN outlook on Indo-Pacific in mid-2019.

●  ASEAN identifies maritime cooperation as the highest priority. Unlike the Indo-Pacific visions of the USA, Japan and Australia, ASEAN’s economic outlook did not envisage any military cooperation to ensure maritime security. It encompasses preserving and protecting the marine environment and biodiversity, promoting green shipping, developing blue economy, sustainable management of marine resources and technical cooperation in marine science.

●  Connectivity is the second important theme of ASEAN Indo- Pacific outlook. It emphasises on improved physical, institutional and people-to-people connectivity among Indo-Pacific countries.

●  Economic cooperation: ASEAN outlook on Indo-Pacific also lists several economic and other areas for cooperation. It vouches ASEAN’s support for free trade agreement and comprehensive economic partnerships to enhance global integration.

●  Economic areas of cooperation under ASEAN outlook for Indo–Pacific go beyond trade and cover all aspects of economy that include the following, among others:

○  Digital Economy and the facilitation of cross-border data flow

○  Promotion of Micro, Small and Medium Enterprises

○  Active ageing and innovation

○ Cooperation on preparing for the Fourth Industrial Revolution, with emphasis on sharing expertise and experience to realise the benefits and mitigate the challenges of digital resolution.

○  Development of private sector

●  Science, Technology, Research and Development, Smart Infrastructure, Climate Change, Disaster Risk Reduction/ Management and South-South Cooperation are also listed as areas for cooperation in ASEAN outlook for Indo-pacific

Australia

●  Australia has not published any special document to outline its Indo- Pacific vision or strategy, rather its Indo-Pacific vision has evolved through several key policy documents such as 2016 defence white paper, 2017 foreign policy white paper 2017, etc. These documents call for a secure, open and prosperous Indo-Pacific region. Maritime security features prominently in the Australian vision of Indo-Pacific.

●  Connectivity/infrastructure finance also features prominently in Australian vision of Indo-Pacific. It should not be used to gain strategic influence and commercial advantage and pledges Australian support for transparency, sustainability and private sector participation in connectivity /infrastructure projects.

●  Australian Indo-Pacific strategy vouches for a free and fair trade under multilateral framework and having an open economy with high dependence on international trade.Recently launched supply chain resilience initiative which India, Japan and Australia have jointly launched, corroborates this.

The contour of Indo-Pacific strategies of different countries/regional groups varies substantially. On the one extreme, the USA has taken a confrontationist approach and its vision of the Indo-Pacific revolves around containing China. On the other extreme, ASEAN and European strategies, despite airing their concerns for freedom of navigation have adopted an inclusive approach which co-opts China. However, despite several differences, these strategies converge at many points. Moreover, India’s Indo-Pacific Ocean Initiative and Indo-Pacific strategies of other countries/regions share synergy at several actionable points which opens several opportunities for India.

Various initiatives for facilitating the free flow of trade as well as respect for international law and national sovereignty.

• Blue Dot Network and Built Back Better World (B3W) by USA
• Quality Infrastructure initiative by Japan
• China Plus One” strategy: Supply Chain Resilience Initiative (SCRI) with India, Japan and Australia broadly underline the “China Plus One” strategy to achieve economic rebalancing in Indo-Pacific.
• Indo-Pacific Economic Framework (IPEF): With this US has been trying to reengage economically with Indo-Pacific countries to counter China’s regional economic influence.
  • The four policy pillars of the IPEF include:
    • digital trade and standards,
    • building of resilient supply chains,
    • implementation of clean energy commitments and
    • promoting fair economy by enforcing effective tax and removal of corruption.

These initiatives have been launched to promote value and norm based cooperation to provide an alternative of Belt and Road initiative.

VIEWS OF CHINA AND RUSSIA ON INDO PACIFIC

• China claims that there is no such concept as Indo-Pacific” which was “created by the United States” to bring in partners such as India to “contain” it. China held that the Indian Ocean is included in the Asia Pacific region as their Asia-Pacific allies alone are no longer enough to contain China, they want to bring in India and other U. S. allies, such as France, which considers itself an Indo-Pacific country.
• China and Russia view QUAD as the Asian-NATO and it as a strategy of the west against its rise.Russian foreign minister Sergei lavrov – called Quad a “devious policy” by western powers to engage India in “anti china games.” Refer quad as “divisive” and “exclusivist.” He has said “alliances such as Asian NATO can be counterproductive” and further stressed that Sino Russia ties are “the highest in history.”
• China has been vocal in criticising Australia it said AUKUS and QUAD as “obsolete cold war zero sum mentality and narrow-minded geopolitical concepts” and should “respect regional people’s aspiration otherwise they will only end up hurting their own interests”. China also questioned Australia’s commitment to nuclear non-proliferation, while the state-run Global Times, which often takes a harder line than Chinese officials, said: “Australian troops are also most likely to be the first batch of western soldiers to waste their lives in the South China Sea.”

Without any pan-Indo-Pacific institution, a network of bilateral, trilateral and quadrilateral cooperation has been shaping the Indo-Pacific’s emerging economic and security architecture.

THE WAY FORWARD:

• Increase relations with pacific islands: Small Island countries need security assurances against China’s aggression. India-Australia cooperation can provide them security assurances. This will also increase the diplomatic capital of India and help increase its stature as a net security provider in the region.
• Strategy autonomy- India’s foreign policy must be based on the core principle of stray autonomy. In Spite of increasing dependence on other countries like US, India needs to build its own capacity to tackle the security challenges. In a new geopolitical environment, India must tread cautiously and carefully navigate the choppy waters.
• Racism attacked: Racial attacks should be dealt strictly as it fuels the mistrust and
• Agreement to be fulfilled: All the agreements should be adhered timely. Also, there is need for early conclusion of a comprehensive economic agreement to deepen the relationship.
• Maintaining strategic relationship with the likeminded countries like EU, USA, Japan for freedom of navigation in Indo Pacific.
• Strengthen own capacity to increase deterrence to deal with the any aggression.
• Raising voice in the multilateral organization like UN for the peace and security in the region.
• Collaboration with others to deal with security challenges like illegal fishing, piracy etc.

THE CONCLUSION: In the globalised world, freedom of navigation is necessary for economic development. Thus Indo-pacific has emerged as a key geopolitical theatre of competition wraith major power involvement. In this context, India and Australia relations play an important role in maintaining a free and open Indo-Pacific Ocean.

Mains Questions

1. Indo -pacific region has emerged as the key theatre of competition between various major powers. In this context discuss the steps taken by India in securing its interest.
2. Strong India-Australia relationship can play an important role in maintaining the rule of order opinion in the Indo-Pacific region. Critically examine.

THE CONTEXT: German Chancellor Olaf Scholz arrived in New Delhi for a visit to India from February 25-26. Scholz is accompanied by senior officials and a high-powered business delegation. His visit to India is the first standalone by any German Chancellor since the commencement of the Intergovernmental Consultations (IGC) mechanism between the two nations in 2011.

INDIA GERMANY RELATIONSHIP

• Germany is India’s largest trading partner in Europe with bilateral trade- $21.98 bn in 2017-18
• Germany is 7th largest FDI in India with investments of $11.7 bn
• India and Germany share a strong economic partnership. Germany is India’s largest trade partner in the European Union and has consistently been among India’s top 10 global trade partners. It is also one of the largest foreign direct investors in India.

The IGC is a whole-of-government framework under which Ministers from both countries hold discussions in their respective areas of responsibility and report on the outcome of discussions to the Prime Minister and Chancellor.

HISTORICAL PINNING’S

2000

India and Germany have a ‘Strategic Partnership’ since May 2000

2011

Relations have been further strengthened with the launch of Intergovernmental Consultations (IGC) in 2011 at the level of Heads of Government which allows for a comprehensive review of cooperation and identification of new areas of engagement.

2022

6th Inter-Governmental Consultations: Prime Minister visited Berlin on 2 May 2022 to co-chair the 6th IGC with Chancellor Olaf Scholz where he was accompanied by External Affairs Minister, Finance Minister, National Security Advisor and Minister of State (I/C) for Science & Technology. A total of 14 agreements were signed in diverse fields such as green partnership, development cooperation, renewable energy, migration and mobility, economic cooperation and agriculture. Prime Minister and Chancellor also signed a Joint Declaration of Intent on a Green and Sustainable Development Partnership.

OUTCOME OF THE RECENT VISIT

The changing geopolitical and geostrategic environment has led to the strengthening of the bilateral relations between two countries. The Ukraine crisis has led to shift its focus from Russia and China and treating India as a key partner in its foreign policy.

• Defence: The meetings included discussions around co-development of military hardware and tech transfers, and a deal worth $5.2 billion where Germany would jointly build six conventional submarines in India could be underway.
• Also first ever France-India-Germany military exercise drill is slated to take place in 2024 towards enhanced security and defence collaboration.
• Indo-Pacific region: For Germany, the stability of supply chains and trade routes linking Asia to Europe assumes critical importance given its status as Europe’s economic powerhouse and its reliance on exports. Thus Germany intends to enhance its strategic involvement in the region through greater military deployment. Germany’s symbolic gesture of sending its frigate Bayern to the Indo-Pacific in 2021, with a stopover in Mumbai (January 2022), was a demonstration of this.
• Clean energy and green technologies: Collaboration in clean energy and green technologies has emerged as the central pillar in the partnership, with the launch of a Green and Sustainable Development Partnership last year and cooperation in the area of green hydrogen.
• Mobility and migration: The subject of mobility and migration was also under focus given Germany’s shortages of skilled manpower; where technically skilled Indians could help plug this gap.
• Work visas : improving the legal framework so Germany becomes more attractive for software developers and those with IT development skills is a priority for his government
• Values: the strong ties between India and Germany are based on shared democratic values of each other’s interests
• People to people relationship: people-to-people relations between the two countries and the initiatives like ‘Make in India’ &Aatmanirbhar Bharat campaign.
• Reform in the UN: India and Germany also cooperate in multilateral forums, as part of the G-4 grouping pushing for United Nations Security Council reform, and as evident in Germany’s invitation to Mr. Modi to attend last year’s G-7 summit.

EU BASIC FACTS

EUROPEAN PARLIAMENT

• The European Parliament is the EU’s law-making body. It is directly elected by EU voters every 5 years. The last elections were in May 2019.
• Role: Directly-elected EU body with legislative, supervisory, and budgetary responsibilities
• Members: 705 MEPs (Members of the European Parliament)
• Legislative role: Passing EU laws, together with the Council of the EU, based on European Commission proposals.

EUROPEAN COMMISSION

• The European Commission is the EU’s politically independent executive arm. It is alone responsible for drawing up proposals for new European legislation, and it implements the decisions of the European Parliament and the Council of the EU.
• Role: Promotes the general interest of the EU by proposing and enforcing legislation as well as by implementing policies and the EU budget.

COUNCIL OF THE EU

• In the Council of the EU, informally also known as the Council, government ministers from each EU country meet to discuss, amend and adopt laws, and coordinate policies. The ministers have the authority to commit their governments to the actions agreed on in the meetings. Council meetings take place in Brussels, except for three months (April, June and October) when they are held in Luxembourg.
• Together with the European Parliament, the Council is the main decision-making body of the EU.

EVOLUTION OF EU

History of the European Union 1945-59

5 May 1949 – The Council of Europe is established— 10 Western European countries create the Council of Europe to promote democracy and protect human rights and the rule of law.

9 May 1950 – A plan for new political cooperation in Europe.

18 April 1951 – European Coal and Steel Community—Based on the Schuman plan, six countries sign a treaty to run their coal and steel industries under a common management. The six are Germany, France, Italy, the Netherlands, Belgium and Luxembourg. The European Coal and Steel Community came into being in 1952.

1957 – Treaties of Rome

Building on the success of the Coal and Steel Treaty, the 6 founding countries expand their cooperation to other economic sectors. They formalise this by signing two treaties, creating the European Economic Community (EEC) and the European Atomic Energy Community (Euratom). These bodies come into being on 1 January 1958.

1958 – Birth of the European Parliament— It replaces the Common Assembly of the European Coal and Steel Community and changes its name to the European Parliament on 30 March 1962.

The ‘Swinging Sixties’ – a period of economic growth

1960 – European Free Trade Association created: The European Free Trade Association (EFTA) is created, to promote free trade and economic integration between certain countries not in the EEC.

1968 – beginning of the Customs Union: The 6 EEC member countries remove customs duties on goods imported from each other, allowing free cross-border trade for the first time.

1970-79

A growing Community – the first new members join

Denmark, Ireland and the United Kingdom join the European Communities on 1 January 1973, raising the number of member countries to 9.

1980-89

The changing face of Europe – the collapse of communism

1981 – Greece becomes the 10th country to join

Greece joins the European Communities. It has been eligible to do so since the military regime was overthrown and democracy restored in 1974.

1986 – Two new members – Spain and Portugal

1986 – Towards a single market

Although customs duties disappeared in 1968, trade is not flowing freely across the borders between member countries. The main obstacles are differences in national regulations. The Single European Act launches a vast 6-year programme to sort these out and thus create a single market.

1990-99

A Europe without frontiers

In 1993, the single market is launched with the ‘4 freedoms’ of free movement for people, goods, services and money.

The 1990s is also the decade of 2 treaties –

1. the Treaty on European Union (Maastricht Treaty) in 1993 and
2. the Treaty of Amsterdam in 1999. Austria, Finland and Sweden joined the EU in 1995, and a small village in Luxembourg gives its name to the Schengen agreement that will gradually allow people to travel to large parts of the EU without passport checks.

1992 – Maastricht Treaty: European Union’ is officially created by the treaty, which enters into force on 1 November 1993.

1994 – European Economic Area is created—The agreement establishing the European Economic Area (EEA) enters into force, extending the single market to countries in EFTA

1999 – The euro is born—The euro is introduced in 11 countries for commercial and financial transactions only.

2000-09

Further expansion

European Union developed from 2000 to 2009 with 12 new countries joining, the euro becoming legal tender and the signing of the Lisbon Treaty.

2010-19

A challenging decade

European Union developed from 2010 to 2019, responding to the financial crisis, Croatia joining the EU, and the UK voting to leave.

2020-today

A united and resilient EU

European Union has developed since 2020, responding to unprecedented challenges such as the COVID-19 pandemic, Russia’s war of aggression against Ukraine, and fighting climate change.

INDIA EU RELATIONSHIP

• India-EU bilateral relations date back to the early 1960s with India being amongst the first countries to establish diplomatic relations with the European Economic Community in 1962. The Joint Political Statement signed in 1993, coupled with the Cooperation Agreement signed in 1994 opened the way for strengthening the bilateral ties.
• A multi-tiered institutional architecture of cooperation has since been created, presided over by the India-EU Summit since 2000.The first India-EU Summit took place in Lisbon in June 2000 and marked a watershed in the evolution of the relationship.
• India -EU relationship was upgraded to “strategic partnership” during the 5th India-EU Summit held in 2004 in The Hague. As on date, 15 Summits have been held between India and the EU.
• In 2018 , the EU came out with strategy on india that viewed India as an emerging global power that plays a key role in the current multipolar world and a factor of stability in a complex region and calls for greater India – EU political, security and defence cooperation.
• 15th India-EU Summit: The 15th India-EU summit was held in virtual mode on 15 July 2020. It saw the adoption of a wide-ranging joint statement and also an India-EU Strategic Partnership Roadmap for 2025. An Agreement on Civil Nuclear Energy Cooperation was signed and another Agreement on S&T Cooperation was extended for a further period of 5 years. Both sides also issued a Joint Declaration on Resource Efficiency and Circular Economy.
• India-EU Leaders’ Meeting: In continuation of the highly successful 15th India-EU Summit, the first ever India-EU Leaders’ Meeting was held on 08 May 2021 in hybrid mode. In thus it was decided to launch an ambitious and comprehensive ‘Connectivity Partnership’ which is focused on enhancing digital, energy, transport and people-to-people connectivity; and reiterated their commitment to achieving the goals of the Paris Agreement and agreed to strengthen joint efforts for mitigation, adaptation and resilience to the impacts of climate change.
  • many analysts have called the summit as a “turning point.”
  • Relaunched FTA talks suspended since 2013
  • Apart from the US, India is the only country with which EU has had summit in this format, showing india’s growing salience in EU’s geopolitical calculations
  • India welcomed the EU’s decision to join CDRI. India and the EU also agreed to enhance bilateral cooperation on digital and emerging technologies such as 5G, AI,etc

Areas of cooperation

Economic Cooperation

●  EU is India’s third largest trading partner accounting for €88 billion worth of trade in goods in 2021 or 10.8% of total Indian trade. India is the EU’s 10th largest trading partner, accounting for 2.1% of EU total trade in goods. Trade in services between the EU and India reached €30.4 billion in 2020.

●  Investment: The EU’s share in foreign investment inflows to India more than doubled from 8% to 18% in the last decade making the EU India’s largest source of FDI.

●  BTIA: The negotiations for a Broad-based Bilateral Trade and Investment Agreement (BTIA) were held between 2007 to 2013 but remained dormant till 2021.

●  india-Europe trade and technology council was launched. EU has this mechanism only with the US

Strategic Cooperation

●  Both EU and India have a common interest in avoiding a bipolar world and sustaining a rules-based multilateral system with the UN and WTO at its core

●  Defence– Information Fusion Centre-IOR linked to Maritime Security Centre-Horn of Africa (MSC-HOA) established by EU naval force.

●  EU in Indo-Pacific: EU has released its “ EU strategy for cooperation in the Indo pacific” that highlights “china’s expansionism as threat to european security and prosperity” and focuses on “centrality of ASEAN” in the indo-pacific.

●  India is looking at EU countries as a natural partner in forging a durable Balance of power in the indo pacific region. As it confronts a rising China, India needs both the United States and Europe to construct a multipolar Asia.

Sectoral Cooperation:

India and the EU have cooperation in various sectors, including Agriculture & Marine, Energy, Environment, Water, Pharmaceuticals, Biotechnology & Medical Devices, Science & Technology, Science and Technology, Infrastructure, Information & Communications Technology and aviation.

Development Partnership

●  European Investment Bank: European Investment Bank’s (EIB) is providing loans for Lucknow, Bangalore, Bhopal, Kanpur and Pune Metro Projects. EIB opened its first office for the South Asian Region headquartered in New Delhi on 30 March 2017.

●  Indian students avail Erasmus+ scholarship for studies in EU countries.

Bilateral Dialogues

India and EU have institutionalized political dialogues, inter alia, on Counter-Terrorism, Cyber Security, Migration and Mobility, Maritime Security, Human Rights, Non-Proliferation and Disarmament. The two sides meet regularly to discuss bilateral cooperation and international developments in these areas.

ISSUES IN INDIA EU RELATIONSHIP WITH RESPECT TO THE BTIA

Negotiations on free trade agreement has been started in 2007 , but it has been suspended due to “gap in ambitions” of both parties

Various issues in this include:

• Opposition from Indian dairy sector
• Opposition from farmers especially in wines and spirit
• EU has not given India the status of data secure nation hence posing restrictions for its IT companies
• EU’s emphasis on strong IPR regimes
• EU reluctant to liberalise its service sector and movement of persons
• The EU’s insistence on labour and environmental standards, access to government procurement, stricter intellectual property rules and cross-border data flow will not be easy for India to meet. With India’s move towards data localization, negotiations could be acrimonious. While India will seek to have zero duty access for textiles, garments and leather products, UK and EU will seek market access in automobiles, wines and Scotch whisky.
• India accounts for only 2% of the EU’s external trade while china stands at 14% thus it has more strong relations with China.
• Time and again EU’s calls for alleged HR violations in Kashmir and on recent CAA act create diplomatic mistrust between the two entities
• India’s excessive focus on select countries like France,UK and Germany

HOW WILL INDIA AND GERMANY RELATIONS STRENGTHEN INDIA-EU RELATIONSHIP?

• With a population of 83.1 million, Germany is the most populous member state of the European Union.
• Germany is India’s largest economic partner in the European Union (EU). Thus, trade naturally figured high on the agenda boosted by the relaunch of the India-EU free-trade agreement negotiations where the Chancellor, travelling with his high-powered business delegation, stated he would “get personally involved”.
• Germany has now been sceptical about Russia and China axis and now searching for other partners to balance the relationship. Strong EU and India relation will be strategically important for balancing the China’s aggression and assertiveness. Thus Germany will make efforts to conclude the BTIA.

THE WAY FORWARD:

• The is a need for strong political will to conclude the BTIA for strengthening the rule based world order.
• Need for regular consultation and negotiation for its early conclusion.
• All the commitments should be strictly adhered to build mutual trust.
• There is need to have strategic calculations rather than only focusing on the economic interests in the context of rising aggressive China.

THE CONCLUSION: To establish rule based world order and respect multilateralism with multipolar world order, India and the EU can play an important role. Thus India and Germany should work together to strengthen the India and EU relationship and conclude the free trade agreement BTIA.

Additional information:

Brexit and impact on India:

• Britain left the EU under article 50 of the Lisbon Treaty.
• After losing access to the EU single market, the UK would want to develop trade relations with emerging markets around the world. India, with strong economic fundamentals and a large domestic market, is in a better position to gain that opportunity.
• India is a significant Foreign Direct Investment (FDI) source for the UK because many Indian firms have used it as a gateway to the EU single market. Initially, after divorcing from the EU, the UK wouldn’t like to miss Indian investment. It will attract Indian firms by offering more incentives such as tax breaks, relaxed regulations and opening up markets.
• The depreciation in the pound would help Indian companies to import items from their UK subsidiaries and will create incentive for Indian investment in the region. It would make the UK an attractive destination for higher studies.
• UK might sign an FTA with India before India finalises BTIA with EU.
• Automobile and steel sector may face adverse impact of slowdown of British Economy.

Windsor Framework:

The Windsor Framework is a proposed post-Brexit legal agreement between the European Union and the United Kingdom which was announced on 27 February 2023. It is designed to address the problem of the movement of goods between the European Single Market and the United Kingdom in the current Northern Ireland Protocol.

Mains Question

1. In the changing geostrategic scenario, it is imperative for the EU and India to cooperate together. Critically analyse.
2. Critically examine whether strong India and Germany relations will help strengthen the India -EU relationship.

THE CONTEXT: On February 23, on the eve of the first anniversary of his country’s “special military operation” in Ukraine, Russian President Vladimir Putin announced that Moscow was unilaterally suspending the last remaining nuclear arms control treaty with the US This article analyse various aspects related to the arms control and disarmament and Implications of India

WHAT IS START TREATY?

New START treaty is a nuclear arms reduction treaty between the United States and the Russian Federation with the formal name of Measures for the Further Reduction and Limitation of Strategic Offensive Arms. It was signed on 8 April 2010 in Prague,and after ratification, it entered into force on 5 February 2011.

The treaty is the 7th in a series of bilateral agreements between the USSR/Russia and the US to limit strategic nuclear weapons.

WHAT IS COMMITMENT IN THE START TREATY?

• Under the Treaty, America and Russia cannot deploy more than 1,550 strategic nuclear warheads and more than 700 long-range missiles and bombers. It also limits each country to 800 deployed and non-deployed launchers and delivery vehicles.
• The treaty calls for halving the number of strategic nuclear missile launchers. A new inspection and verification regime will be established, replacing the SORT mechanism.
• Monitoring and verification is one of the core tenets deliberated between the United States and the Russian Federation. When New START entered into force, both participating states could begin performing inspections on each other.

EVOLUTION OF NEW START TREATY

Strategic Arms Limitation Talks-1(SALT)

It began in 1969; under the Interim Agreement, both sides pledged not to construct new Intercontinental Ballistic Missile (ICBM) silos, not to increase the size of existing ICBM silos significantly, and capped the number of Submarine-Launched Ballistic Missile (SLBM)

Strategic Arms Reduction Treaty-1 (START)

The Strategic Arms Reduction Treaty (START I), signed in 1991, was a bilateral arms control treaty between the United States and the Soviet Union. The result of the agreement was the first significant reduction in the number of strategic nuclear weapons in both the US and the Soviet stockpiles. It entered into force in 1994, after the Soviet Union’s dissolution, and eventually expired in 2009.

Anti-Ballistic Missile Treaty (ABM Treaty or ABMT)

It was an arms control treaty between the United States and the Soviet Union on the limitation of the anti-ballistic missile (ABM) systems used in defending areas against ballistic missile-delivered nuclear weapons. It was intended to reduce pressures to build more nuclear weapons to maintain deterrence. Under the terms of the treaty, each party was limited to two ABM complexes, each of which was to be limited to 100 anti-ballistic missiles.

Signed in 1972, it was in force for the next 30 years. In June 2002, the United States withdrew from the treaty, leading to its termination, citing risks of nuclear blackmail.

Strategic Arms Reduction Treaty-2

It was envisaged to further reduce the missiles and warheads. Signed in 1993, called for banning the use of multiple independently targetable re-entry vehicles (MIRVs) on intercontinental ballistic missiles (ICBMs).

It was ratified by the US Senate on 26 January 1996 and Russia ratified START II on 14 April 2000, making it conditional on preserving the ABM Treaty. When the US withdrew from the ABM Treaty on 13 June 2002, Russia withdrew from START II one day later.Thus, START II never entered into effect.

INF Treaty

The Intermediate-Range Nuclear Forces Treaty (INF) was signed on December 8, 1987, and entered into force on June 1, 1988.

The treaty required parties to eliminate nuclear and conventional ground-launched ballistic and cruise missiles that are used at distances ranging from 500 to 5,500 kilometres.

The two countries eliminated intermediate-range nuclear weapons by 1991, destroying a total of 2,692 missiles.

After the disintegration of the Soviet Union in 1991, the treaty was “multilateralized” to include 12 Soviet successor states.

On August 2, 2019, the United States officially withdrew from the INF treaty. President Trump cited Russia’s noncompliance by developing and fielding a treaty-violating missile system as the reason for leaving.

Strategic Offensive Reductions Treaty (SORT)

Against the backdrop of START II (Strategic Arms Reduction Treaty) treaty, SORT was signed in 2004, under which the United States and Russia reduced their strategic arsenals to 1,700-2,200 warheads each.

New Strategic Arms Reduction Treaty (START)

New START replaced the Treaty of Moscow (SORT), which was to expire in December 2012. It follows the START I treaty, which expired in December 2009; the proposed START II treaty which never entered into force; and the START III treaty, for which negotiations were never concluded.

WHY IS START SUSPENDING – RUSSIA’S VIEW?

• Russia claims that there is an asymmetry of strategic weapons forces between Russia and the North Atlantic Treaty Organization (NATO). It highlighted that the US is not the only nuclear weapon country in NATO, but that France and the United Kingdom are also nuclear weapon countries. While the New START was a bilateral treaty, Russia faced a threat from the entire NATO having more than one nuclear state.
• Russian President also accused the US of rejecting some Russian requests for visits to specific US facilities.
• Russia said the North Atlantic Treaty Organisation (NATO) and the US wanted to “inflict ‘strategic defeat’ on it and “try to get to our nuclear facilities at the same time.”

WHAT IS A DISARMAMENT REGIME?

Disarmament agreements usually directly prohibit the possession or production of weapons.

DIFFERENCE BETWEEN DISARMAMENT AND ARMS CONTROL

• Arms control aims to limit the number of weapons and to regulate their use by virtue of bilateral or multilateral agreements or arrangements.
• Arms-control agreements often proceed by setting limitations on the testing, deploying, or using certain types of weapons.
• Disarmament, on the other hand, aims at the elimination of entire weapon system categories. The spread of weapons of mass destruction (WMDs) poses a serious threat to international security.

DISARMAMENT REGIME

• Since the birth of the United Nations, the goals of multilateral disarmament and arms limitation have been central to the Organization’s efforts to maintain international peace and security.
• The UN has given highest priority to reducing and eventually eliminating nuclear weapons, destroying chemical weapons, and strengthening the prohibition of biological weapons – all of which pose the direst threats to humankind.
• Through global efforts, several multilateral treaties and instruments have been established with the aim of regulating, restricting, or eliminating certain weapons.
• These include:
  • Treaty on the Non-Proliferation of Nuclear Weapons,
  • Comprehensive Nuclear-Test-Ban Treaty,
  • Treaty on the Prohibition of Nuclear Weapons,
  • Biological and Chemical Weapons Convention,
  • Anti-Personnel Landmine Convention,
  • Convention on Cluster Munitions,
  • Convention on Certain Conventional Weapons and
  • Arms Trade Treaty.

NUCLEAR DISARMAMENT AND NON-PROLIFERATION

• Nuclear weapons are the most dangerous weapons on earth. One can destroy a whole city, potentially killing millions, and jeopardizing the natural environment and lives of future generations through its long-term catastrophic effects.
• Nuclear weapons are the most dangerous weapons on earth. One can destroy a whole city, potentially killing millions, and jeopardizing the natural environment and lives of future generations through its long-term catastrophic effects.
• Several multilateral treaties have since been established with the aim of preventing nuclear proliferation and testing while promoting progress in nuclear disarmament. These include:
  • Treaty on the Non-Proliferation of Nuclear Weapons (NPT),
  • Treaty Banning Nuclear Weapon Tests In The Atmosphere, In Outer Space And Under Water, also known as the Comprehensive Nuclear-Test-Ban Treaty (CTBT), which was signed in 1996 but has yet to enter into force, and
  • Treaty on the Prohibition of Nuclear Weapons (TPNW).

Missile proliferation: Presently, several multilateral regimes exist which seek to prevent the proliferation of missiles and related technology. These include, notably, the Hague Code of Conduct (HCOC) and the Missile Technology Control Regime (MTCR).

Biological Weapons:

• Biological weapons disseminate disease-causing organisms or toxins to harm or kill humans, animals, or plants. They can be deadly and highly contagious. Diseases caused by such weapons would not confine themselves to national borders and could spread rapidly around the world.
• The Biological Weapons Convention (BWC) effectively prohibits the development, production, acquisition, transfer, stockpiling and use of biological and toxin weapons. It was the first multilateral disarmament treaty banning an entire category of weapons of mass destruction (WMD).

Chemical Weapons : Conclusion of the Chemical Weapons Convention in 1993, aims to eliminate an entire category of weapons of mass destruction by prohibiting the development, production, stockpiling, transfer and use of chemical weapons; to prevent their re-emergence; to ensure the elimination of existing stocks of such weapons; and, in so doing, to make the world safe from the threat of chemical warfare.

Arms Trade: Arms Trade Treaty (ATT) was adopted in April 2013 by the General Assembly of the United Nations. Before the adoption of the ATT, there was no global set of legal rules governing the trade in conventional weapons. The treaty sets robust international standards to help guide governments in deciding whether or not to authorize arms transfers. It provides for cooperation and assistance to help countries develop adequate regulatory systems and safe weapons stockpiles.

WHY WILL IT BE A THREAT TO THE DISARMAMENT REGIME?

The core principle and values necessary for the disarmament regime to be successful is mutual trust and cooperation. However, the ongoing Russia Ukraine conflict and subsequent suspension of the START treaty by Russia will increase the trust deficit between countries. It will ultimately hamper the disarmament process. It will have the following impact:

• A new arm race will start: The war will be intensified as there will be the threat of the use of nuclear weapons. Russia wants to maintain a ‘strategic choice’ in deploying nuclear weapons against the United States.
• World War III: Looking at the course of events, it appears that Russia is keen to confront the West and NATO countries directly by deploying nuclear missiles which can lead to World War III.
• Threat to disarmament process: The present Russian decision has only aggravated the crisis. The missile attacks against each other by both Russia and Ukraine have also led to a growing escalation of mutual suspicion. This is a fact that Ukraine is currently using the missiles given to it by the United States. In this regard, Russian officials are singling out the attack by the Ukrainian missiles on Russia’s Engel’s airbase. All these developments pose more significant challenges to the global disarmament process.
• Ukraine getting penalised for being non-nuclear state:
  • Ukraine, an important republic of the former Union of Socialist Soviet Republics (USSR) from 1922–91, once hosted Soviet nuclear weapons and delivery systems on its territory.
  • On December 5, 1994, the leaders of Ukraine, Russia, Britain, and the United States signed a memorandum to provide Ukraine with security assurances in connection with its accession to the NPT as a non-nuclear weapon state.
  • However the current war with Russia disincentives the Ukraine to be a non-nuclear state. In February 2022, during the Russian invasion of Ukraine, Ukrainian president Volodymyr Zelensky suggested that Ukraine would potentially view the Budapest Memorandum as invalid should its security assurances not be met.
• Security dilemma will increase: Insecurity between nation will increase with inequality in possession of nuclear weapon. Aggressive and unilateral action of Russia against Ukraine will make the smaller state insecure, and they will try to acquire the nuclear weapon to tackle the asymmetrical power equation between small nation and mighty power like Russia.Many apprehensions are emanating from many quarters that there is a signal from Russia that it is preparing for a nuclear war against the West led by the United States.
• Against balance of power in the region: Nuclear arm race will destabilise the Balance of power in the region. Miscalculation can take place in building coalition and counter-coalition to balance the power in the region. Arm race will increase in balancing the power.

India’s position on the disarmament regime

FIRST SPECIAL SESSION OF THE UN GENERAL ASSEMBLY ON DISARMAMENT (SSOD-1).

India is commitment to the goal of universal, non-discriminatory, and verifiable nuclear disarmament, leading to the complete elimination of nuclear weapons, consistent with the highest priority accorded to nuclear disarmament by the Final Document of the First Special Session of the UN General Assembly on Disarmament (SSOD-1).

SUPPORT TO CONFERENCE ON DISARMAMENT

Indiawants a multilateral  forum for negotiations of the disarmament. In this context India supports the world’s sole multilateral disarmament negotiating forum, the Conference on Disarmament to commence negotiations on a Comprehensive Nuclear Weapons Convention.

RAJIV GANDHI’S ROADMAP– THE ACTION PLAN FOR A NUCLEAR WEAPONS FREE AND NON VIOLENT WORLD ORDER

●   It contained a broad based, three phase schedule over a period of 22 years for reaching a world free of nuclear weapons by 2010.

● The Rajiv Gandhi Action Plan had identified these principles as universality, non-discrimination, verifiability, simultaneous collateral measures to enhance confidence and security, acceptance and tolerance, and an approach that is time-bound but flexible.However the roadmap could not result any result due to  old war politics.

GLOBAL ZERO SUMMIT 2011

In this india again voiced for the Nuclear-Weapon-Free and Non-Violent World Order. India called for a meaningful dialogue among all states possessing nuclear weapons to build trust and confidence and for reducing the salience of nuclear weapons in international affairs and security doctrines.

PARTIAL TEST BAN TREATY (PTBT): TREATY BANNING NUCLEAR TESTS IN THE ATMOSPHERE, IN OUTER SPACE AND UNDER WATER

The PTBT requires parties to abstain from carrying out nuclear explosions in any environment where such explosions cause radioactive debris outside the limits of the State that conducts an explosion.

In 1954, India made the first proposal calling for an agreement to ban nuclear weapons tests. In 1958, the United States, the Soviet Union, and the United Kingdom began a Conference on the Discontinuance of Nuclear Tests in Geneva, aimed at reaching agreement on an effectively controlled test ban. The Conference did not come to fruition because the sides could not reach an agreement on the issue of verification procedures. On 5 August 1963, the Partial Test Ban Treaty (PTBT) — also known as the Limited Test Ban Treaty (LTBT) — was signed in Moscow by the United States, the Soviet Union, and the United Kingdom.

INDIA AND CTBT

India had remained at the vanguard of the struggle for a comprehensive test ban ever since India’s first Prime Minister, Jawaharlal Nehru, first called for a halt to all forms of testing in 1954.

India pressed for the evolving CTBT to be placed in the context of total nuclear disarmament within a well-defined timeframe. India upheld that without such a linkage steps such as the CTBT or the proposed fissile material cut-off convention were “narrow and futile exercises aimed only at controlling non-nuclear weapons states, further strengthening the discrimination inherent in the non-proliferation regimes. Consequently, India refused to accept the CTBT since it was not able to “accept any restraints on its capability if other countries remain unwilling to accept the obligation to eliminate their nuclear weapons

India is now a nuclear weapons state, even though the international community will not accept it as one under the NPT. However, india is committed to universal, verifiable and time bound nuclear disarmament.

WHAT IMPACT WILL INDIA HAVE IF THE START TREATY IS SUSPENDED?

• further escalation of the war can trigger the nuclear war that can destabilise the peace and scenario in the world. It will impact the trade and economic relations between different countries. Thus, the long term Developmental objective of India will suffer adversely.
• if the war prolongs, the risks of a Russia-NATO direct conflict would be higher. The rapid destruction of security in Europe and the deepening mistrust between major powers is comparable to the pre-First World War situation in the continent.
• An open confrontation between the great powers today would be cataclysmic because of the threat of nuclear weapons.The possibility of such a conflict would mean that the war is not just a European problem.

THE WAY FORWARD:

• Strengthen the UN multilateral system: UN multilateral system Need to be reformed. The rules-based international order has to be established by increasing the legitimacy of the UN System. Conferences on Disarmament need to be strengthened for negotiating the universal, verifiable , transparent and time bound disarmament process.
• Creating deterrence: If the West wants to hit Russia where it hurts, it must stop buying Russian gas and oil. While the Ukraine war has prompted policymakers in Brussels to expedite efforts to end the bloc’s dependence on Russia’s natural gas (currently targeting a deadline of 2027), a concrete strategy for achieving this has yet to be determined.
• Work for disarmament and arms control treaty: This will go a long way towards ending the war. Need to have global consensus for the success of any disarmament process.
• Strengthen multipolar world order : Rule based world order need to be established. For this unilateral action of any nation states has to be diminished. Universal sanction against any unilateral action has to be taken to create deterrence against it.

THE CONCLUSION: For establishing global peace and security, there is need to move forward the global disarmament regime based on mutual trust and confidence.

Mains Question

1. What are the steps that need to be taken to strengthen the global efforts for disarmament?
2. Enlist the implications of the recent suspension of the New START Treaty on the global disarmament process.

THE CONTEXT: In January 2023, The RBI released the annual ‘State Finances – A Study of Budgets’ report for 2022-23. The focus of this report is ‘Capital Formation in India – The Role of States’. The report highlights that the States have been spending a greater share of their Gross State Domestic Product (GSDP) on capital expenditure compared to the Centre. In this article, we will analyse the report comprehensively and take the major outcomes of the report. Also, at last we will provide the way forward after analyzing the report on State finances.

ABOUT THE REPORT

The Reserve Bank of India (RBI) released the Report titled “State Finances: A Study of Budgets of 2022-23”, an annual publication that provides information, analysis and an assessment of the finances of State governments for 2022-23 against the backdrop of actual and revised/provisional accounts for 2020-21 and 2021-22, respectively. The theme of this year’s Report is “Capital Formation in India – The Role of States”.

KEY HIGHLIGHTS OF THE REPORT

• The fiscal health of the States has improved from a sharp pandemic-induced deterioration in 2020-21 on the back of a broad-based economic recovery and resulting high revenue collections – States’ gross fiscal deficit (GFD) is budgeted to decline from 4.1 per cent of gross domestic product (GDP) in 2020-21 to 3.4 per cent in 2022-23.
•  States’ debt is expected to decrease to 29.5 per cent of GDP in 2022-23 as against 31.1 per cent in 2020-21, it is still higher than 20 per cent recommended by FRBM Review Committee, 2018.
• States are anticipating an increase in non-tax revenue, which is generated from sources such as fees, fines, and royalties such as State GST, excise taxes and sales taxes in the 2022-2023 fiscal year.
• In 2022-23, States have budgeted higher capital outlay than in 2019-20, 2020-21 and 2021-22. Going forward, increased allocations for sectors like health, education, infrastructure and green energy transition can help expand productive capacities if States mainstream capital planning rather than treating them as residuals and first stops for cutbacks in order to meet budgetary targets.
• It is worthwhile to consider creating a capex buffer fund during good times when revenue flows are strong so as to smoothen and maintain expenditure quality and flows through the economic cycle.
• To crowd in private investment, the State governments may continue to focus on creating a congenial ecosystem for the private sector to thrive. States also need to encourage and facilitate higher inter-state trade and businesses to realise the full benefit of spillover effects of State capex across the country

COMPREHENSIVE ANALYSIS OF THE REPORT

STATES HAVE A HIGHER CAPEX TO GDP RATIO COMPARED TO CENTRE

Data indicates that the Capital Expenditure as a share of GDP is higher for the States (all States) compared to the Centre’s Capital Outlay (CO).  In 2022-23, the average Capital Outplay of States is 2.7% of GDP compared to 2.4% of the Centre. In recent years, there has been a higher proportionate increase in the Centre’s CO as a share of GDP but is still lower than that of States’. If the Central Defence CO is excluded, the gap widens further.

The individual state’s share of CO out of the total share of CO is provided in the report. Uttar Pradesh has the highest share, followed by Maharashtra, Madhya Pradesh, Karnataka, and Tamil Nadu. Also provided in the report is the ratio of each state’s share of CO and the respective states’ share of GSDP.

DECREASING TREND IN PROPORTION OF ACTUAL CAPEX OF STATES COMPARED TO BUDGET ESTIMATES

While the data indicates that the States do have a longer trend of higher allocation towards capital outlay compared to the Centre, the actual expenditure is less than the initial budget estimates. Trends indicate there the proportion of Actuals compared to the estimates (both Budget & Revised) is decreasing.

During 2015-16, the Actual Capital outlay was 90.6% of the BE. However, in the following years, there has been a steady decline. In 2019-20, the Actuals were only about 72% of the BE. In the pandemic year of 2020-21, it fell further to 69.2%. The actuals for 2021-22 would be provided by the states in the budget for 2023-24, to be presented in the following days to weeks. The budget for 2023-24 would tell us if this trend has reversed following the pandemic year.

Comparatively, the proportion of Actual Revenue spending compared to the BE is higher, although there is a declining trend even in this case.

Large variation exists between the states with respect to Actual vs Budgetary capital outlay. Among the large States, Punjab and Andhra Pradesh have cut down their actual Capex compared to the BE by about 40%. Bihar & Chhattisgarh are the other states which have on average reduced their actual capital outlay compared to their estimates. Meanwhile, Haryana, Madhya Pradesh and Karnataka have managed to spend better on capital outlays in proportion to their initial estimates.

INCREASE IN CAPEX TOWARDS HEALTH POST-PANDEMIC

• The COVID-19 pandemic highlighted the importance of investing in Health Infrastructure. The alignment of states’ spending towards this can be seen with an increased Capital outlay for Health. Out of the total CapEx of the states, Economic services constitute the major portion with about 61%.  Expenditure on Social Services, of which Health constitute a part, is about a quarter of the total capital spending.
• There is an increased allocation towards Health as a proportion of GDP in recent years. There is a 79% y-o-y increase in CO to GSDP ratio in 2021-22 compared to the earlier year.
• Although not at the same proportion, there is also an increase in the capital outlay towards another important Social Service i.e., Education.

• While the overall capital outlay of States shows an encouraging trend, there exists a large variation among the states. Among the large states, Haryana, Punjab, and Madhya Pradesh have a higher CO to GSDP ratio towards health. These states also have a higher share of outlay on Health out of the total capital outlay, compared to other major states.

WITH AN IMPROVED FISCAL POSITION, NEED FOR THE STATES TO IMPROVE THEIR CAPEX

• The Study of State Budgets report indicates an improved fiscal position of the States after the pandemic-induced stress. It reports increased revenues and more prudent expenditure by the states. The Gross Fiscal Deficit (GFD) was 4.1% of GSDP in 2020-21. The RE indicates a fall in GFD to 3.7% in 2021-22, with a further estimated fall in 2022-23. As indicated earlier, the actuals for 2021-22 of the States would be known once the budgets for 2023-24 are presented by all the states.

• The report highlights that with the States’ capital expenditure having a higher share of the total country’s capital expenditure (Centre + States), there is more emphasis on the States having a larger contribution to the Capital formation.  Education, health, Infrastructure and Green Energy are a few of the sectors in which increased allocation of capital expenditure can be made to help expand productive capacities as well as create a broader development agenda for the States.  

 STRUCTURAL PROBLEMS IN FISCAL MANAGEMENT OF STATES

VERTICAL FISCAL IMBALANCE BETWEEN THE CENTRE AND THE STATES

• The constitutional allocation of taxation powers between the Centre and the States is based on some economic and administrative considerations such as minimising/avoiding the problem of double taxation, tax rivalry among States, and duplication of tax administration.
• While determining expenditure responsibilities, subjects of regional concern, such as law and public order, agriculture, irrigation, public health and sanitation, roads and bridges are assigned to States due to their proximity to the local issues.
• However, this allocation of taxation powers and expenditure responsibilities between the Centre and the States creates an imbalance referred to as vertical fiscal imbalance. States have the responsibility of development in areas such as education, health, agricultural and industrial growth, construction of roads, bridges and irrigation schemes, etc. However, their revenue raising powers to meet these expenditure responsibilities are inadequate.
• This led to States’ growing dependence on transfers from the Centre to finance their expenditure commitments. The expenditure policies of States are also influenced by the Centre under the objectives of planning (Centrally Sponsored Schemes).

HORIZONTAL IMBALANCES DUE TO DIFFERENCES IN REVENUE GENERATION CAPACITIES AND EXPENDITURE COMMITMENTS ACROSS STATES

• The existence of region-specific disparities as well as diverse socioeconomic structure across States causes variations in resource mobilisation and expenditure responsibilities across States. Populist fiscal measures such as non-levy of certain taxes, differences in tax rates, and State-specific expenditure schemes, also contribute to the differences in revenue generating capacity and expenditure commitments across States. These differences create fiscal imbalances, commonly referred to as horizontal fiscal imbalances.

DOMINANCE OF COMMITTED EXPENDITURE

• The revenue expenditure of States is dominated by committed expenditures such as interest payments, administrative services and pension. Higher committed expenditure resulted in deficit on the revenue account of the States.

MEASURES SUGGESTED BY RBI IN THE REPORT

• Debt consolidation which would help lower overall interests costs, simplify payments, and make it is easier to pay off the debt. Debt consolidation means combining more than one debt obligation into a new loan with a favourable term structure such as a lower interest rate.
• Allocating more resources to key sectors such as healthcare, education, infrastructure, and green energy, the states can promote economic growth and
• State governments can promote investment through both direct and indirect channels. The direct channel involves spending on physical infrastructure and human capital. The indirect channels act by crowding in private investment, promoting good governance, and attracting foreign direct investment (FDI).
• State should establish a fund during strong revenue growth which can be used to buffer capital expenditure. The purpose of this fund would be to maintain a consistent level of spending on capital projects.
• Creating a favourable environment for the Private sector to operate and grow through proper policies implementation and regulations that make it easy for private companies to do business ,as well as providing incentives and support for private investment.
• States also need to encourage and facilitate higher inter-state trade and commerceto realize the full benefit of spillover effects of state capex across the country.

THE WAY FORWARD

TAKING ADVANTAGE OF THE PRESENT SITUATION

• The fiscal health of States has rebounded from pandemic induced stress, aided by buoyant revenue collections and prudent expenditure management. These developments have extended into 2022-23 so far.
• A coincident indicator of this sustained improvement is that market borrowings are much lower than in the indicative calendar due to comfortable cash flow positions of the States, boosted by timely payment of GST compensation by the Centre (May and November 2022) and release of two advance instalments of tax devolution (August and November 2022).
• The States need to take advantage of this ‘sweet spot’ by building up fiscal buffers and stepping up capex.

CREATING A CAPEX BUFFER

• Going forward, increased allocations of capital expenditure for sectors like health, education, infrastructure and green energy transition can help expand productive capacities and create a broad-based developmental agenda for the States. Outlays on social services and physical infrastructure can enhance productivity; hence, States must mainstream capital planning rather than treating them as residuals and first stops for cutbacks in order to meet budgetary targets.
• In this context, it is worthwhile to consider creating a capex buffer fund during good times when revenue flows are strong so as to smoothen and maintain expenditure quality and flows through the economic cycle.

STEP TOWARDS CLIMATE GOVERNANCE

• Climate change is another area that deserves special attention in the coming years. There is a growing recognition of the need for responsible climate change policies at the State level in areas such as clean energy, energy efficiency, clean transport, and sustainable land use, among others.
• Capacity building on access to finance and climate governance would help States meet their potential and realise the committed national target of net zero emissions by 2070.

STEPS SHOULD BE TAKEN STEP TOWARDS SUSTAINABLE DEVELOPMENT GOALS (SDGS)

• The COVID-19 pandemic, geopolitical events and global spillovers from synchronised aggressive monetary policy tightening have stalled the progress on Sustainable Development Goals (SDGs).  Going ahead, India’s commitment to achieve the SDG goals by 2030 is heavily conditioned by policies and actions adopted by the States. With the Centre’s recent thrust towards ‘SDG Localisation’2 , States are now better equipped to orient their spending and investment patterns towards areas requiring attention.
• Capital expenditure by States in critical areas, viz., health, education, infrastructure, R&D and green energy transition holds the key to India achieving the SDGs.

SETTING UP OF STATE FINANCE COMMISSIONS (SFC)

• As a part of institutional reforms, State governments need to set up Finance Commissions (SFC) in a regular and timely manner to decide on the assignment of taxes, fees and other revenues to local governments.
• Institutionalisation of a well defined and timely devolution mechanism to local governments can improve the provision of quality services for the greater public good.

RESEARCH AND DEVELOPMENT (R&D)

• States also need to step up their expenditure on research and development (R&D) from the current lows compared to global peers so as to spur innovation and progress.

THE CONCLUSION: Over the years, considerable progress has been made in terms of creation of infrastructure, both physical and social, through several government initiatives. In particular, the post-pandemic economic recovery in India has been supported by enhanced public capex by both the Central and State governments. As a result, fiscal stimulus by design emphasized sustainable and non-inflationary normalization of economic activity. Also, States should also step up capex in areas like research and development and green energy. States can also realize the full benefit of positive spillover effects by facilitating higher inter-state trade and businesses. Going ahead, all tiers of government must engage along with private participation to create world-class capital assets in India.

JUST ADD TO KNOW YOUR KNOWLEDGE

WHAT IS GROSS FISCAL DEFICIT?

• The gross fiscal deficit (GFD) is the excess of total expenditure including loans net of recovery over revenue receipts (including external grants) and non-debt capital receipts. Since 1999-2000, GFD excludes States’ share in small savings as per the new system of accounting.
• A decrease in GFD is generally considered a positive sign as it indicates that the state government is able to balance its revenue and expenditure more effectively.
• It is calculated by subtracting total revenue from total expenditure.

QUESTIONS FOR MAINS EXAMINATION:

1. According the the Report titled “State Finances: A Study of Budgets of 2022-23”, States have been spending a greater share of their GSDP on capital expenditure compared to the Centre. Explain the reasons behind it.
2. The lack of financial capacity of states has become a significant problem in recent times. Discuss the reasons behind it and also suggest measures to solve this problem.

THE CONTEXT: In the January 2023, PM flagged off World’s Longest River Cruise-MV Ganga Vilas at Varanasi via video conferencing. To promote Inland Water Transport in the country 111 waterways (including 5 existing and 106 new) have been declared as National Waterways (NWs) under the National Waterways Act, 2016 which came into effect from 12th April, 2016.In this write up we will analyse in detail about the opportunities and challenges in the inland waterways in india.

WHAT ARE INLAND WATERWAYS?

• Inland water transportation is the system of transport through all navigable man-made canals, lakes and rivers. Several large rivers in various parts of the world are used by barges and ships for transportation. Every countries major rivers were utilized for inland transportation. The major rivers used for inland water transport worldwide are the Nile of Africa, Ganga of India, and Thames of Europe etc.
• Inland waterways have been accorded a central role in maritime development in India. A well-coordinated inland waterways network could bring a fundamental alteration in the logistics scenario of the country. Inland waterways have vast potential to act as an alternate and supplementary mode of transportation for handling certain bulk commodities in India. Underutilization of (IWT) sector in India is a great opportunity loss for the country. Although it continues to be the cheapest mode, it had lost its importance because of poor maintenance of waterways.

 INLAND WATERWAYS IN INDIA:AN OVERVIEW

• India has approximately 14,500 km of navigable waterways (out of which about 5,200 km of the river and 4,000 km of canals can be used by mechanized crafts) with significant potential to be developed as a mode of transportation. Still, these inland waterways are un-utilized in India as compared to other countries in the world.
• The Road Transport Sector accounts for about 87% of passenger traffic and 60% of freight traffic movement in the country.
• The Railways: The National Rail Plan envisages that the share of freight traffic by rail should go up from the current share of 27% to 45% by 2030.
• Inland Waterways: Modal share of Inland Water Transport (IWT) in freight movement is 2%.
• At present  13 National waterways is in operation:

Gujarat Waterways and Maharashtra Waterways constituted more than 75% of the overall IWT traffic in 2019-20.

INLAND WATERWAYS IN INDIA-OPPORTUNITIES

IMPROVEMENT IN LOGISTIC SECTOR

• A well-coordinated inland waterways network could bring a fundamental alteration in the logistics scenario of the country. It represents a ready built infrastructure network, which can be utilised without any further capital investment.

REDUCE DEPENDENCY ON OTHER MODES OF TRANSPORTATION

• Waterways can decongest roads, including highways by moving cargo away. Waterways do not involve challenges associated with land acquisition, which has always been a sensitive issue, causing time and cost overruns of numerous projects.

COST EFFICIENCY

• Movement of goods and passengers through inland waterways would necessitate setting up a large number of landing and loading/unloading points. This has the potential to open up large and accessible hinterland for supply of goods which can be transported at a lower cost. The accessible hinterland can also open up new markets.

INTEGRATED SUPPLY CHAIN DEVELOPMENT

• Carriers are increasingly eying growth prospects associated with a wider range of services, including landside operations. Ports and shipping interests are focusing attention on inland logistics with additional revenue-generation potential. Also, ease of restrictions on river-sea movement, by utilizing a single vessel for both inland and coastal waters, would further lower transport costs as well as reduce handling charges.

GROWTH OF TOURISM INDUSTRY

• Development of inland waterways in India offers a huge potential for the growth of Tourism sector in the country. Planning of the coastal tourism industry should be integrated with the development of NWs for the economic benefits of both the sectors.

INLAND WATERWAYS IN INDIA-CHALLENGES

India’s inland water transport sector is relatively under-developed, compared to other large economies due to following reasons:

TECHNICAL CHALLENGES

• INADEQUATE DEPTH: Large parts of Indian waterways have inadequate depth for commercial movement of cargo.  Sufficient depth or least available depth is required to enable the navigability of larger vessels. Moreover indian rivers (especially in the northern plains) face severe problems of siltation round the year. The river bed rises, impeding the movement of cargo during non-monsoon months.
• INADEQUATE AIR DRAFT: Multiple bridges with low vertical clearance obstruct the passage of bigger inland water transport vessels on waterways such as National waterways No-3.
• LACK OF NIGHT NAVIGATION INFRASTRUCTURES: Lack of Night navigation facilities such as Differential Global Positioning Systems ( DGPS) and River information System (RIS )are the major impediments in the successful operations in waterways.

REGULATORY CHALLENGES

• MODAL INTEGRATION: Lack of potential multimodal corridors and detailed mapping of waterways and industrial clusters, multimodal transport hubs in inland water transport corridor.
• LEGAL AND ADMINISTRATIVE ISSUES: Since the navigable inland waterways invariably run through more than one state, it is important to have uniformity in the realm of various operational aspects of inland water transport throughout the country. The model inland vessels rules also needs to have the uniformity for followed up by adoption of various states.

GEOPOLITICAL CHALLENGES

• INTERNATIONAL PROTOCOLS : An international protocols route are providing the direct linkage of Haldia and Kolkata ports with landlocked northeastern states and has potential to be utilized as main mode for transportation of cargo from north eastern region to Kolkata and Haldia besides enhancing trade with Bangladesh. Energy efficiency of waterway gets negated by the higher turnaround time of the barges due to the administrative and operational delays along the protocol route.
• INTER LINKING OF RIVERS: The river inter-linking projects are ensuring to use as waterways for navigation. The Inland water transport has a strategic importance for connectivity of north eastern regions which do not have very efficient connectivity due to its geographical position and rail/road transport passing through the “chicken neck”.

FINANCIAL CHALLENGES

• INVESTMENTS BY GOVERNMENTS : There has been under investment in inland water transport sector infrastructure vis-a-vis road and rail. While considerable emphasis has been laid on the development of road and rail infrastructure in successive five years plans, inland water transport sector has been neglected. Consequently, public investments in inland water transport mode have been far below the levels attained by other modes.
• INVESTMENTS BY PRIVATE: As a policy measure, the possibility of private sector participation for the development, maintenance and regulation of some stretches of the inland waterways can be explored similar to another transport sector like road and metro rail.
• CAPACITY BUILDING: There is huge demand for trained manpower for vessel operations as well as for development and management of inland water transport infrastructure since the limited resource in training and research & development for inland water transport there is need of potential investment in training and research

OTHER CHALLENGES

• ENVIRONMENTAL IMPACT: Dredging operations will damage river bed, and can lead to change in habitats for various aquatic flora and fauna. Dredging also impact aquifers along the river, damaging the ability of water to percolate underground.
• OPERATION AND MAINTENANCE: Operation and maintenance of fairways and related infrastructure for private participation to achieve accelerated development. Needs to implement the river information systems on waterways

 LEGAL AND POLICY REGIME FOR INLAND WATERWAYS IN INDIA

THE INLAND WATERWAYS AUTHORITY OF INDIA ACT, 1985

• The Act provides for the constitution of an Authority for the regulation and development of inland waterways for purposes of shipping and navigation and for matters related to it
• The Inland Waterways Authority of India was formed in 1986. It undertakes projects for development and maintenance of IWT infrastructure on national waterways through grant received from Ministry of Shipping

INDIAN VESSELS ACT OF 1917 (AMENDED IN 2007)

• It deals with the survey and registration of inland vessels, removal of obstructions in navigation, carriage of goods and passengers, prevention and control of pollution etc.

INLAND WATER TRANSPORT POLICY 2001

• Policy talks about IWT being economic, fuel-efficient and environment friendly mode of transport. It advocates large-scale private sector participation both for creation of infrastructure and for fleet operations.

NATIONAL WATERWAYS ACT 2016

• The Act declared 111 rivers or river stretches, creeks, estuaries as National (inland) Waterways.
• It enables the Central Government to regulate these waterways for development with regard to shipping, navigation and transport through mechanically propelled vessels.

LAWS RELATED TO ENVIRONMENTAL AND OTHER IMPACTS

• Forest Act 1980,
• Environmental Protection Act 1986 and various notifications under it like EIA Notification 2006, CRZ Notification 2011

GOVERNMENT INITIATIVES

JAL MARG VIKAS PROJECT (JMVP)  

• JMVP was announced by the government in the 2014-15 budget to allow commercial navigation of vessels weighing at least 1500 tonnes on the Ganga river.
• The project calls for the construction of a 1620-kilometre-long waterway on the Ganga River between Allahabad and Haldia.
• The project spans the states of Uttar Pradesh, Bihar, Jharkhand, and West Bengal.
• The project intends to build a three-metre-deep fairway to allow commercial navigation of at least 1500-tonne vessels on the river.
• It also includes the construction of a fairway, multimodal terminals, the improvement of open river navigation techniques, conservation efforts, a modern River Information System (RIS), and other projects.
• The World Bank is funding the project.
• The Jal Marg Vikas Project is expected to cost $800 million and is scheduled to be completed in December 2023.

THE SAGARMALA PROJECT

The Sagarmala Project has been initiated by the Government of India after Cabinet approved it in 2015 to promote port-led development in India. The project aims to harness the 7500 km long coastline of the country to unleash its economic potential. The project also seeks to boost infrastructure for transporting goods to and from ports quickly, efficiently, and cost-effectively.

Components of Sagarmala Programme are:

• Port Modernization & New Port Development: De-bottlenecking and capacity expansion of existing ports and development of new greenfield ports
• Port Connectivity Enhancement: Enhancing the connectivity of the ports to the hinterland, optimizing cost and time of cargo movement through multi-modal logistics solutions including domestic waterways (inland water transport and coastal shipping)
• Port-linked Industrialization: Developing port-proximate industrial clusters and Coastal Economic Zones to reduce logistics cost and time of EXIM and domestic cargo
• Coastal Community Development: Promoting sustainable development of coastal communities through skill development & livelihood generation activities, fisheries development, coastal tourism etc.
• Coastal Shipping & Inland Waterways Transport: Impetus to move cargo through the sustainable and environment-friendly coastal and inland waterways mode.

INTERNATIONAL BEST PRACTICES 

1. WATERWAYS THROUGH RIVER DANUBE IN EUROPE-

• The Danube River that is the second longest river in Europe flows through ten European countries he Danube flows through ten European countries (Germany, Austria, Slovakia, Hungary, Croatia,Serbia, Romania, Bulgaria, Moldova and the Ukraine) and four capital cities (Vienna, Bratislava, Budapest and Belgrade). With this number the Danube can be included among the waterways that flow with the largest number of countries in the world.

2.WATERWAYS IN THE NETHERLANDS

• IWT accounts for 46.6% of the total freight traffic in the Netherlands, with around 40% of container traffic along national inland waterways.
• Availability of efficient infrastructure, including handling facilities for large vessels and barges, and container storage facilities, has resulted in increased competitiveness and has attracted several private investments.
• The ongoing barge transports in the Belgian and Dutch areas are mainly line network operations, where the seaport terminals are connected to terminals along the river Rhine.
• Port of Rotterdam in the Netherlands and port of Antwerp in Belgium are two of the largest ports in Europe for both bulk and container cargo.
• The regions close to these seaports have a strong network of waterways; largely because of the geography of the river Rhine.
•  Port of Amsterdam is also connected to Rhine, and due to the network between the three large seaports, the river and surrounding waterways have become important barge corridors.

THE WAY FORWARD

NITI AAYOG RECOMMENDATIONS (ACTION AGENDA, THREE-YEAR2017-2020)

• NITI Aayog recommends streamlining the regulatory structure and bringing an overarching body to oversee Inland Water Transport such as the IWAI to more consistency in the rules and strategy of the sector.
• Efforts should be made to develop deeper stretches of the river, i.e., at least 2.5 m to 3 m to achieve year-around navigation
• Adequate maintenance of rivers, including continuous dredging to maintain adequate water depth for servicing shipping lines should be ensured.
• Ease restrictions on river-sea movement by Utilizing a single vessel for both inland and coastal waters, lowers transport costs and minimizes handling.

p POLICY MEASURES

• • Cargo transport through inland waterways should be incentivised. Following measures can be taken:
  • The Government can mandate/incentivise industries in the proximity of national waterways to use this mode for a portion of their shipments.
  • The government can promote industrial corridors along riverbanks and foster waterways-based industrialisation.
  • Higher road taxes can be levied on transportation of coal and inflammable material over longer distances

INTERLINKING WATERWAYS AND PORTS

• Interlinking waterways and ports with coastal shipping. For instance, Ganga-Brahmaputra-Sunderbans river system can be integrated with Haldia and Kolkata ports. This will have a domino effect of the development of that area and also relieve pressure on the land-based modes.

STRENGTHENING PUBLIC-PRIVATE PARTNERSHIP

• Strengthening public-private partnership has the key role to play in developing the inland waterways sector. Private players can undertake terminal development, cargo and passenger handling, and building low-draft vessels and related repair facilities.

THE CONCLUSION: Inland waterways have numerous benefits. Many of these benefits are related to freight transportation. The major advantage is that it will save us money. It also helps us reduce traffic levels and climate change throughout the globe. Since it does not produce any pollution, it is considered a better option than the other modes of transportation available. They can also transport passengers, and this is commonly known as canal boat cruises. In the end, we can say that the transport system is becoming more efficient by using inland waterways for a safer and faster journey.

QUESTIONS FOR MAINS EXAMINATION:

Q1. Analyse the potential of inland water transportation in India. How can it help in improving logistic sector?

Q2.Discuss the challenges faced by the inland waterways in india? Also suggest some policy measures  that need to be taken to overcome the challenges.

ADD TO YOUR KNOWLEDGE

THE INLAND WATERWAYS AUTHORITY OF INDIA (IWAI)

• The Inland Waterways Authority of India (IWAI) came into existence on 27th October 1986 for the development and regulation of inland waterways for shipping and navigation.
• The Authority primarily undertakes projects for the development and maintenance of IWT infrastructure on national waterways through grants received from the Ministry of Shipping.
• The head office of the Authority is at Noida.
• The Authority also has its regional offices at Patna, Kolkata, Guwahati and Kochi and sub-offices at Allahabad, Varanasi, Farakka, Sahibganj, Haldia, Swroopganj, Hemnagar, Dibrugarh, Dhubri, Silchar, Kollam, Bhubaneshwar  and Vijayawada.
• It does the function of building the necessary infrastructure in these waterways, surveying the economic feasibility of new projects and also administration and regulation

THE CONTEXT: The 15th Conference of Parties (COP15) to the UN Convention on Biological Diversity (CBD) adopted the Kunming-Montreal Global Biodiversity Framework (GBF) on December 19, 2022. The framework has 23 targets that the world needs to achieve by 2030. The following article intends to analyse the efficacy and significance of the Kunming-Montreal GBF from UPSC perspective.

THE KUNMING-MONTREAL GLOBAL BIODIVERSITY FRAMEWORK (GBF): KEY HIGHLIGHTS

• The Kunming-Montreal Global Biodiversity Framework (GBF) is a global agreement between countries to protect biodiversity and ensure its sustainable use. The GBF is currently under negotiation, with the aim of finalizing the agreement at the 15th meeting of the Conference of the Parties to the Convention on Biological Diversity (CBD) in Kunming, China, in 2022.
• The GBF builds on the Strategic Plan for Biodiversity 2011-2020, which was adopted by the CBD in 2010, and aims to set out a new, ambitious framework for biodiversity protection and restoration beyond 2020. The GBF is expected to be structured around a set of targets and indicators, which will help to track progress and hold countries accountable for their commitments.
• The GBF is viewed as a critical tool for achieving the United Nations Sustainable Development Goals, particularly Goal 14 (Life Below Water) and Goal 15 (Life on Land). The agreement is also seen as essential for ensuring the long-term viability of ecosystems and the many services they provide to human societies, such as food, water, and clean air.

Major highlights:

• The framework has 23 targets that the world needs to achieve by 2030. The targets are ambitious, considering that biodiversity is in a poor state.
• In 2020, the world failed to meet the last set of targets, the Aichi Targets. Countries would need to ensure success this time around.
• Delegates were able to build consensus around the deal’s most ambitious target of protecting 30% of the world’s land and seas by the decade’s end, a goal known as 30-by-30.
• The deal also directs countries to allocate $200 billion per year for biodiversity initiatives from both the public and private sectors.
• The Global Environment Facility has been requested to establish a Special Trust Fund to support the implementation of the Global Biodiversity Framework (“GBF Fund”).

KEY TARGETS OF GBF

• 30×30 Deal: Restore 30% degraded ecosystems globally (on land and sea) by 2030. Conserve and manage 30% areas (terrestrial, inland water, and coastal and marine) by 2030.
• Stop the extinction of known species, and by 2050 reduce tenfold the extinction risk and rate of all species (including unknown).
• Reduce risk from pesticides by at least 50% by 2030.
• Reduce nutrients lost to the environment by at least 50% by 2030.
• Reduce pollution risks and negative impacts of pollution from all sources by 2030 to levels that are not harmful to biodiversity and ecosystem functions.
• Reduce global footprint of consumption by 2030, including through significantly reducing overconsumption and waste generation and halving food waste.
• Sustainably manage areas under agriculture, aquaculture, fisheries, and forestry and substantially increase agroecology and other biodiversity-friendly practices.
• Tackle climate change through nature-based solutions.
• Reduce the rate of introduction and establishment of invasive alien species by at least 50% by 2030.
• Secure the safe, legal and sustainable use and trade of wild species by 2030.

MAJOR OUTCOMES OF COP 15

The 15th meeting of the Conference of the Parties to the Convention on Biological Diversity (CBD COP15), which was held in Kunming, China, in October 2021, was a major milestone in global efforts to protect biodiversity. In addition to finalizing the Global Biodiversity Framework (GBF), COP15 produced several other major outcomes, including:

• The Kunming Declaration: This is a political statement that reaffirms the commitment of governments to protect biodiversity and implement the GBF. The declaration recognizes the urgent need to take action to address the drivers of biodiversity loss, such as habitat destruction, overexploitation, climate change, and pollution.
• A post-2020 global biodiversity strategy: This strategy sets out a framework for achieving the objectives of the GBF and provides guidance for national and regional implementation. The strategy includes a set of 21 targets, known as the “Kunming Targets,” which aim to halt and reverse the loss of biodiversity and ensure the sustainable use of natural resources by 2030.
• A new funding mechanism: The COP15 established a new financial mechanism to support the implementation of the GBF and the post-2020 global biodiversity strategy. The mechanism will be funded through a combination of public and private sources, including contributions from governments, international organizations, and the private sector.
• The establishment of a High-Level Panel on Biodiversity and Ecosystem Services: The panel will provide scientific guidance and advice to governments and stakeholders on how to achieve the objectives of the GBF and the post-2020 global biodiversity strategy.
• The recognition of the critical role of indigenous peoples and local communities in biodiversity conservation: The COP15 recognized the importance of traditional knowledge and practices in protecting biodiversity and the need to ensure the full and effective participation of indigenous peoples and local communities in decision-making processes related to biodiversity.

ANALYSING COP 15

The 15th meeting of the Conference of the Parties to the Convention on Biological Diversity (CBD COP15) was a critical conference for global efforts to protect biodiversity. However, the conference also faced several issues and challenges that need to be addressed in order to effectively protect biodiversity. Some of these issues include:

• Ambition gap: Some stakeholders and experts argue that the commitments and targets outlined in the Global Biodiversity Framework (GBF) and the post-2020 global biodiversity strategy are not ambitious enough to effectively address the drivers of biodiversity loss. There are concerns that the targets may not be sufficient to halt or reverse the decline of biodiversity and that more ambitious goals are needed. In 2020, the world had failed to meet the last set of targets, the Aichi Targets. Countries would need to ensure success this time round.
• Implementation and funding gap: There is a concern that the implementation of the GBF and the post-2020 global biodiversity strategy will require significant financial resources and technical support, particularly in developing countries. Some stakeholders have called for more ambitious funding commitments and a better mechanism to ensure that the funding reaches the countries and communities that need it the most.
• Governance and accountability gap: The effectiveness of the GBF and the post-2020 global biodiversity strategy will depend on the governance and accountability mechanisms put in place to ensure their implementation. There is a concern that the governance and accountability mechanisms currently proposed may not be sufficient to ensure that countries and stakeholders meet their commitments. Due to the COVID-19 pandemic, adoption of the new targets is already delayed by two years leaving lesser time for the countries to achieve the targets.
• Inequity and social justice: Some stakeholders have expressed concerns that the GBF and the post-2020 global biodiversity strategy may not sufficiently address the social and environmental justice issues surrounding biodiversity conservation. They argue that the interests of local and indigenous communities need to be better integrated into the conservation efforts and that the conservation measures should not exacerbate social inequalities.
• Lack of political will: Finally, there is a concern that some governments may lack the political will to implement the commitments made at the COP15 and to take the necessary actions to protect biodiversity. This is particularly a concern in the face of other pressing issues such as climate change, economic development, and social issues that may take priority over biodiversity conservation.

INDIA’S VOCAL PRESENCE AT THE COP 15

India was one of the key participants in the 15th meeting of the Conference of the Parties to the Convention on Biological Diversity (CBD COP15) held in Kunming, China. India presented its demands and expectations at the conference, which included the following:

• Adequate funding for biodiversity conservation: India highlighted the need for increased financial support for developing countries to effectively address the challenges of biodiversity conservation. It called for a significant increase in funding from developed countries to support developing countries’ efforts to conserve biodiversity.
• Capacity building and technology transfer: India stressed the importance of capacity building and technology transfer to enhance the ability of developing countries to implement biodiversity conservation measures effectively. It called for the establishment of a mechanism to facilitate technology transfer and capacity building for developing countries.
• Traditional knowledge and practices: India emphasized the critical role of traditional knowledge and practices in biodiversity conservation and called for the recognition and protection of the rights of local and indigenous communities in this regard.
• Access and benefit-sharing: India highlighted the importance of ensuring equitable access and benefit-sharing arrangements for the use of genetic resources, particularly for developing countries that are rich in biodiversity.
• Synergy with other international agreements: India stressed the importance of ensuring synergy between the objectives of the Convention on Biological Diversity and other international agreements, such as the Paris Agreement on climate change and the Sustainable Development Goals.

Overall, India’s demands and expectations at the COP15 reflect its commitment to conserving biodiversity and ensuring the sustainable use of natural resources. India’s approach to biodiversity conservation emphasizes the importance of traditional knowledge, capacity building, and equitable access and benefit-sharing arrangements. It also emphasizes the need for international cooperation and support to effectively address the challenges of biodiversity conservation, particularly for developing countries.

WHY SHOULD WE PRESERVE BIODIVERSITY?

Biodiversity, or the variety of life on Earth, provides a range of benefits that are essential for the functioning of ecosystems and for human well-being. Some of the key benefits of biodiversity are:

• Ecosystem services: Biodiversity provides a range of ecosystem services, such as pollination, nutrient cycling, soil formation, and climate regulation. These services are essential for the functioning of ecosystems and for human well-being, as they support food production, water purification, and climate stability, among other things.
• Genetic resources: Biodiversity provides genetic resources that are used in a range of industries, such as agriculture, medicine, and biotechnology. These genetic resources are used to develop new crops, medicines, and other products, and have significant economic value.
• Cultural and recreational value: Biodiversity has cultural and recreational value, providing opportunities for spiritual, aesthetic, and recreational experiences. Biodiversity is also central to many cultural traditions and practices, such as indigenous knowledge and practices related to the use of plants and animals.
• Economic value: Biodiversity has significant economic value, providing employment opportunities and supporting industries such as tourism, fisheries, and forestry. Biodiversity also provides valuable ecosystem services that are essential for economic activities, such as crop production, water supply, and climate regulation.
• Resilience and adaptability: Biodiversity provides resilience and adaptability to ecosystems, making them more resilient to environmental changes, such as climate change and natural disasters. Biodiversity also provides resilience and adaptability to human societies, enabling them to cope with environmental changes and to maintain their livelihoods.

Overall, biodiversity provides a range of benefits that are essential for the functioning of ecosystems and for human well-being. These benefits highlight the importance of conserving biodiversity and using it sustainably for the benefit of present and future generations.

FACTORS RESPONSIBLE FOR DECLINING BIODIVERSITY

There are a multitude of factors that can contribute to the decline in biodiversity. Some of the most significant factors include:

• Habitat destruction: As human populations grow and expand into natural areas, they destroy or modify habitats through activities such as deforestation, urbanization, and agriculture. This can directly reduce biodiversity by destroying or fragmenting habitats, as well as indirectly affecting biodiversity by altering the availability of resources and disrupting ecological processes.
• Climate change: Rising temperatures, changing precipitation patterns, and other effects of climate change can directly affect the distribution and survival of species, as well as alter the timing of key life cycle events such as breeding and migration.
• Over-exploitation: Overfishing, hunting, and harvesting of wild species for commercial or subsistence purposes can lead to population declines and even extinction.
• Pollution: Chemicals, plastics, and other pollutants can negatively impact biodiversity by contaminating habitats, poisoning organisms, and altering ecosystems.
• Invasive species: Non-native species introduced to a new habitat can outcompete native species, alter ecological processes, and disrupt entire ecosystems.
• Disease: Outbreaks of disease can have devastating impacts on populations of species, particularly in cases where the disease is introduced to a population with no natural immunity.
• Human population growth: As human populations grow, the demand for resources such as food, water, and land increases, leading to further habitat destruction and other impacts on biodiversity.
• Fragmentation of habitats: Habitat fragmentation is the process by which large, continuous habitats are broken up into smaller, isolated patches. This can have significant impacts on biodiversity by reducing the amount of available habitat and increasing the likelihood of species extinction.

These factors can interact in complex ways, making it difficult to predict or address the impacts of biodiversity loss. However, efforts to address these factors can include conservation measures such as habitat protection, restoration, and management, as well as reducing greenhouse gas emissions, regulating the trade of wildlife, and controlling the spread of invasive species.

COP 15: THE WAY AHEAD

The following are some key steps that can be taken to move forward after the COP 15 conference:

• Implementation of the GBF: The GBF provides a framework for action to address the current biodiversity crisis. It is essential to ensure its effective implementation at the national and international levels. This will require strong political will, adequate resources, and effective governance mechanisms.
• Strengthening of national biodiversity strategies and action plans: Countries need to strengthen their national biodiversity strategies and action plans to align with the objectives of the GBF. This will require effective engagement of all stakeholders, including indigenous and local communities, civil society, and the private sector.
• Integration of biodiversity conservation into development planning: Biodiversity conservation needs to be integrated into development planning to ensure that economic growth is sustainable and does not come at the expense of biodiversity. This will require a shift towards more sustainable production and consumption patterns, as well as the use of innovative technologies and practices.
• Increased financial support: Adequate financial support is critical for the effective implementation of the GBF. Developed countries need to fulfill their commitments to provide financial resources to support developing countries in their efforts to conserve biodiversity.
• Public awareness and education: Public awareness and education are essential for promoting biodiversity conservation and sustainable development. Education and awareness-raising campaigns should target all sections of society, including youth, women, and indigenous and local communities.
• Monitoring, reporting, and evaluation: It is important to establish monitoring, reporting, and evaluation mechanisms to track progress in the implementation of the GBF and to identify areas where additional action is needed.

THE CONCLUSION: The adoption of the GBF at the COP 15 conference provides a comprehensive plan of action to address the current biodiversity crisis. The effective implementation of the GBF requires strong political will, adequate resources, effective governance mechanisms, and the active participation of all stakeholders. Overall, the outcomes of COP15 represent a significant step forward in global efforts to protect biodiversity and ensure the sustainable use of natural resources. However, the success of these outcomes will depend on the willingness of governments and stakeholders to implement the commitments made at the conference and take concrete actions to address the drivers of biodiversity loss.

Questions:

• “The targets decided under the Kunming-Montreal Global Biodiversity Framework (GBF), are ambitious, considering that biodiversity is in a poor state.” Examine Critically.
• “By the next CBD COP in 2024, governments have a lot of homework to turn these agreed goals into actions at home.” In the light of the statement, discuss the importance of having a strong political will and effective governance mechanisms for achieving targets under the COP 15.

THE CONTEXT: With the President’s assent, on December 19, 2022 the Bill to amend the Wildlife (Protection) Act (WLPA), 1972, is now officially law. The Rajya Sabha passed it on December 8, 2022 and the Lok Sabha a year ago. This Act regulates the protection of wild animals, birds and plants and seeks to increase the species protected under the law. In this article, there is an analysis of the amended act and issue related and steps that needs to be taken to ensure wildlife protection.

PROVISIONS OF WPA, 1972 AND WPA, 2022: COMPARISON

WPA 1972

• WPA Act is the first act which for the first time concluded a comprehensive list of the country’s endangered wildlife.
• Act prohibited the hunting of endangered species.
• Scheduled animals are prohibited from being traded as per the Act’s provisions.
• The Act provides for licenses for the sale, transfer, and possession of some wildlife species
• It provides for the establishment of wildlife sanctuaries, national parks, etc.
• Conservation reserves: Under the Act, state governments may declare areas adjacent to national parks and sanctuaries as a conservation reserve, for protecting flora and fauna, and their habitat.
• Inclusion in CITES :It helped India become a party to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). CITES is an international agreement between governments to ensure that international trade in specimens of wild animals and plants does not threaten the survival of the species.
• Provision of Schedules: The Act created six schedules which gave varying degrees of protection to classes of flora and fauna. Schedule I and Schedule II (Part II) get absolute protection, and offences under these schedules attract the maximum penalties. The schedules also include species that may be hunted.
• Penalties: (Section 51 of the Wildlife Protection Act): If the offences committed in connection with the animal described in Schedule-I or Part-II of Schedule-II where the offence was related to hunting in the sanctuary or a national park or exchange in the territory of a sanctuary or a national park, such an offence shall be punishable by imprisonment not less than three years but up to seven years and a fine not exceeding ten thousand rupees.

WPA 2022

• Act amends the Wild Life (Protection) Act, 1972 by increasing the species protected under the law.
• Centre can designate a management authority to grant export or import permits for the trade of specimens and a scientific authority to give advice on the trade impact on the survival of the specimens
• Centre will appoint a Chief Wild Life Warden who processes applications for breeding in captivity or artificially propagating any scheduled specimen.
• Conservation reserves: Under the Act, though state governments still have powers to declare areas adjacent to national parks and sanctuaries as a conservation reserve but act also empowers the central government to a notify a conservation reserve.
• Obligations under CITES:  Under CITES, plant and animal specimens are classified into three categories (Appendices) based on the threat to their extinction.  The Convention requires countries to regulate the trade of all listed specimens through permits.  It also seeks to regulate the possession of live animal specimens.  The Act seeks to implement these provisions of CITES.
• Rationalizing schedules: Act reduces the total number of schedules to four by: (i) reducing the number of schedules for specially protected animals to two (one for greater protection level), (ii) removes the schedule for vermin species, and (iii) inserts a new schedule for specimens listed in the Appendices under CITES (scheduled specimens).
• Penalties: The Amended Act prescribes imprisonment terms and fines for violating the provisions of the Act.  The Act increases these fines. Act also enhances the penalties prescribed for violation of provisions of the Act. For ‘General violations’, the maximum fine is increased from Rs 25,000 o Rs. 1 lakh. In case of Specially protected animals, the minimum fine of Rs. 10,000 has been enhanced to Rs. 25,000.

THE CONVENTION ON INTERNATIONAL TRADE IN ENDANGERED SPECIES OF WILD LIFE FAUNA AND FLORA (CITES)

• It is a global agreement among governments to regulate or ban international trade in species under threat.
• CITES remains one of the cornerstones of international conservation. There are 184 member Parties and trade is regulated in more than 38,000 species. Representatives of CITES nations meet every two to three years at a Conference of the Parties (or COP) to review progress and adjust the lists of protected species, which are grouped into three categories with different levels of protection:

1. Appendix I: Includes the world’s most endangered plants and animals, such as tigers and gorillas. International commercial trade in these species, or even parts of them, is completely banned, except in rare cases such as scientific research.
2. Appendix II: Contains species like corals that are not yet threatened with extinction, but which could become threatened if unlimited trade were allowed. Also included are “look-alike” species that closely resemble those already on the list for conservation reasons. Plants and animals in this category can be traded internationally, but there are strict rules.
3. Appendix III: Species whose trade is only regulated within a specific country can be placed on Appendix III if that country requires cooperation from other nations to help prevent exploitation.

CITES also brings together law enforcement officers from wildlife authorities, national parks, customs, and police agencies to collaborate on efforts to combat wildlife crime targeted at animals such as elephants and rhinos.

POSITIVES OF THE AMENDED ACT

• Beneficial for local communities: Act is beneficial for local tribal communities as it inserts an provision to provide for certain permitted activities such as grazing, and this move protecting forest land is critical as it is equally important to safeguard the rights of the people who have been residing there since ages. It would accord greater importance to safeguarding the rights of the local tribal communities through better management of protected areas and by providing them livelihood opportunities.
• Protection of endangered species: The act aims to preserve many natural areas and preserve ongoing declines of numerous species, which seeks to strengthen the protection of endangered species and enhance punishment for illegal wildlife trade.
• Increase in green cover: Act aims to increase in green cover and forest land in the country by enhancing penalties and regulating invasive species.
• Enacting Provisions of CITES: Illegal animal trade is regulated under Custom Act, Foreign Trade Development Regulation Act and Exim Policy and Wildlife Protection Act. However, wild life (protection) amendment act 2022 is an upgradation in that it will aim to implement a dedicated, independent framework to regulate the international trade of listed specimens in adherence to the provisions of the Convention on International Trade in Endangered Species of Wild Fauna and Flora to which India is a signatory.
• Protected areas regulation: The act aims to better manage and regulate protected areas by providing for authority and stringent laws with penalties. Amendment also makes consulting the Gram Sabha in the management plan for all Wildlife Sanctuaries is mandatory.

CRITICISM OF THE AMENDED ACT

• Stringent policing framework: One of concern is the inclusion of a stringent policing framework as penalties have been increased four times for general violations which need proper implementation rather than just used as a tool to harass local tribal communities.
• Centralisation of powers: It is a further centralisation of powers as the new wildlife bill also allows the constitution of standing committees that will eventually weaken the authority of state wildlife boards and consequences of such deterrents are usually borne by marginalized forest-dwelling groups. It also raised concerns about the move to establish standing committees at SBWLs, saying that this could turn them into rubber stamp machines for wildlife clearances and that they might not be able to function with either independence or environmental integrity.
• Not enough consultation: These new provisions need detailed and consultative deliberations among all stakeholders. The provisions of the amendment may not materialize if it had not taken concerns of all stakeholders and the list of species appears to have been created with little or no consultation.
• Easier transportation of animals: Another concern is that the amendments have not defined what purposes elephants can be used for and have perhaps made it easier for the animals to be transported across the country. Amendment made to Section 43 of the WLPA permits elephants, a Schedule I animal, to be used for ‘religious or any other purpose’. Wildlife activists have criticised the move and animal expere ‘any other purpose’ seemed to have a limitless meaning.
• Reduced power of state board of wildlife: There is also concern that the powers of the State Boards for Wildlife are being diluted, which might prevent them from functioning with either independence or environmental integrity. In their submission to the Parliamentary Standing Committee on Science and Technology, Environment and Forests, the Legal Initiative for Forests and Environment (LIFE), an NGO that works on environmental laws and advocacy, said that the provision would render the State boards defunct as a handful of members could function “with no accountability to the full Board.
• Did not address human wildlife conflict and eco sensitive rules: Experts pointed that the government missed the opportunity to address the issues relating to Human-Wildlife conflict and Eco-sensitive zone rules.
• Incomplete list of species: Experts pointed that the species listed in all the 3 schedules of the Act is incomplete as per the report submitted by the Parliamentary Standing Committee and there is need for greater inclusion of scientists, botanists, biologists in process of listing all existing species of wildlife which provides for possession, transfer and breeding of living scheduled animal species.

ANALYSIS OF THE AMENDMENT

SIGNIFICANCE OF AMENDED ACT

• Wildlife (Protection) Act 1972 has been amended several times  and since its enactment and  it has been referred as one of the most successful environmental legislations in India which gave legal protection to important wildlife habitats, native wildlife and laid the foundation for important institutions like National Tiger Conservation Authority, National and State Board of Wildlife, Wildlife Crime Control Bureau. However, the changes brought by the 2022 Act is one of the most significant amendments till date. This amendment marks an important landmark for Indian conservation, as it has been 50 years since the enactment of the Wild Life Protection Act, 1972.

ALIGNING TO GLOBAL NEEDS OF CLIMATE CHANGE

• Globally, South Asia is set to be one of the most drastically impacted regions by climate change and emerging diseases. In the future, India will need to rely on a well-trained cadre of wildlife biologists and disease ecologists to understand rapidly emerging threats to wildlife and humans and recommend innovative conservation plans using a ‘One Health’ approach. If the revised schedules in the amended Act end up being an enabler to understand the natural world and its species in a rapidly changing world, it would be a great step forward.

LYING IN GREY AREA

• From its inception, the WPA was meant to protect and preserve animals, birds and plants in their natural habitats. There is the existence of species in a legal grey area for example, In 1977, the Indian elephant was included in Schedule I, which accords the highest degree of protection to wild animals. While elephants continue to exist in a legal grey area despite the intent of the law has always been to protect and preserve them.

PRESERVATION OF SPECIES

• This Act arguably resulted in the preservation of many natural areas and prevented the then ongoing declines of numerous species. Though it was formulated by a select few and incorporated, it ensured cultural diversity in human-environmental relationships.

NEED OF A MORE INCLUSIVE FRAMEWORK

• The use of wildlife was allowed within the Act when it was first passed, but became viewed as problematic over time even for local communities. While the world is moving towards more inclusive models of conservation, India’s premier law for wildlife protection has not kept pace with the changing moral, ethical and social milieu, and seems to be moving back in time.

NEED OF SCIENTIFIC BASIS

• Today there are large databases on many groups of species across India, but none of this seems to have been incorporated into the decision-making. Consequently, the outcomes are not based on science, which is particularly odd given the breadth of ongoing scientific research and existing expertise in India, there is need to include scientific basis while demarcating species.

ISSUES IN WILDLIFE PROTECTION IN INDIA

• Restrictive not enabling act: Wild Life act is primarily a legal instrument that legislates and provides for punitive actions for trade, trafficking and other forms of illegal use of species. It is a restrictive act and not an enabling one and is not well designed to prioritize species for conservation or set research goals.
• Not enough research based on science: While many wildlife ecologists were aware of submissions to the Joint Parliamentary Committee with regard to the sections governing research and other provisions of the Act but despite there are oday large databases on many groups of vertebrates across India, but none of this seems to have been incorporated into the decision-making on the basis of enough research that is based on science.
• Not transparent: The current listing of species in wildlife protection act has no transparent methodology mechanism, which is the crux of the problem as IUCN Red Listing processes have a clear methodology with relatively well-worked-out data-driven criteria that determines whether a species meets the criteria for a specific threat category which should be taken into account.
• Exclusionary: Default conservation actions, whether driven by IUCN or Wild Life Act Schedule priorities tend to be overwhelmingly exclusionary and not inclusive for both species and local communities. Thus, listing species often has little positive conservation impact and negative consequences in many cases.
• Not proper implementation: Real estate sharks are using their money and muscle power or their contacts in the bureaucracy and in the government for not implementing the laws.
• Criminalize forest dwellers: Act criminalize oppressed caste groups for mere residence in and around forest and criminalize day to day activities like collecting minor produce. It Violates the provisions of the constitution and other acts that grant forest dwellers community rights over forests.

THE WAY FORWARD

• Ensuring more viability: Even the IUCN Red List, the global standard for conservation prioritization, clearly states that it is policy-relevant but not policy prescriptive. This means that listing a species as ‘Critically Endangered’ or ‘Endangered’ does not prescribe a single particular course of action for conservation. In other words, the conservation action needed to ensure the viability of two ‘Critically Endangered’ species can be completely different from each other, depending on the biology of the species (body mass, range size, etc.), and the social, economic and political contexts that the species exist in.
• Open access regime for research: There is a need for an open access regime for science and research that can help advance both ecology and conservation in the country with proper regulation and implementation of scientific research.
• Need of democratic approach: There is need for democratic and data-driven approach for conservation prioritization and should be independent of act-based restrictions to conservation actions and approaches. This should comprise a more inclusive set of such approaches that should take into account the country’s true cultural diversity, not just urban elite mindsets and practices.
• Implementation should be equally stringent: To protect the wildlife, not only should the laws be strict but their implementation should also be equally stringent as without proper implementation there is no point of just listing out provisions.
• Increasing dialogue and consultation: There is a need for a process for a broader dialogue between a wide range of ecologists, social scientists, and state agencies so that we can arrive at a formulation that is better for wildlife, people and conservation.
• Need of proper methodology : There is need for proper methodology by prioritization of species for conservation and  proper punitive action for violating the Act and by regulation of scientific research.

THE CONCLUSION : Recently amendment act has been enacted to provide for the protection of wild animals, birds and plants with a view to ensure the ecological and environmental security of the country. However, there are still legal loopholes in the act which need to be addressed by acknowledging and to keep pace with changing moral, ethical and social milieu.

MAINS QUESTIONS

1. Wildlife protection has been a constant issue for balancing ecological conservation and rights of local communities. Analyse.
2. Discuss the provisions of recently amended Wildlife Protection Act in comparison to provisions of the original Act.

THE CONTEXT: In November 2022, the premier medical institute in the country, All India Institute of Medical Sciences New Delhi (AIIMS) was crippled by a major cyberattack. Most of its servers stopped working as also the eHospital network. All functions including the emergency, out-patient, in-patient and laboratory wings had to be shifted to manual management. This article discusses the issue of cyberattacks, especially on Critical Information Infrastructure in detail.

RANSOMWARE ATTACK ON AIIMS

DEVELOPMENTS SO FAR

• On 23 November 2022, patients and doctors complained about the hospital’s services working slowly or not at all. As a result, the hospital was forced into working in a manual mode.
• The National Informatics Centre investigated the issue and found signs of a ransomware attack on the hospital’s servers.
• The attack corrupted all the files stored on the main and backup servers of the hospital.
• The cyber attack derailed many day-to-day activities at AIIMS, with OPD registrations and blood sample reports being halted at the premier institute. While AIIMS was able to restart some of these services, records were being kept manually causing delays and inconvenience to medical personnel and patients alike.
• The breach in security has particularly affected the e-hospital application, which was provided and managed by NIC since 2011-12, stopping the online functioning of OPD, emergency, and other patient care services on the AIIMS premises.
• On 30 November 2022, AIIMS decided to get four new servers from the Defence Research and Development Organisation (DRDO) so it can resume its e-hospital facility for patients.
• On 16 December 2022, Replying to another question in the Lok Sabha, Minister of State for Health and Family Welfare said

o   All the data for e-Hospital had been retrieved from a backup server and restored on new servers.

o   Most of the functions of e-Hospital application such as patient registration, appointment, admission, discharge etc. had been restored after two weeks of the attack.

• Probe agencies have still not located the person, organisation and exact physical location linked to the cyberattack. However, they have tracked a server address in China, which could be an indication towards state sponsored cyber warfare which was already flagged by various cyber threat intelligence firms.

IMPACTS AND RAMIFICATIONS

• The organisation’s critical data is encrypted so that they cannot access files, databases, or applications stored on the main and backup servers of the hospital.
• The cyberattack has frozen everyday work at AIIMS, including appointments and registration, billing, laboratory report generation, etc.
• The exploited databases also contained personally identifiable information of patients and healthcare workers — and administrative records on blood donors, ambulances, vaccination and caregivers, and employee log-in credentials.
• The data breach has reportedly compromised the data of nearly 3–4 crore patients, including sensitive data and medical records of several VIPs  including former prime ministers, ministers, bureaucrats, and judges,

RESPONSE OF SECURITY AGENCIES

Multi-agency investigation: The extent and threat of the attack was so much that multiple agencies like Delhi Police, the Centre’s Computer Emergency Response Team (CERT-In), the Ministry of Home Affairs, and even the National Investigation Agency have joined the probe.

• A case of extortion and cyber terrorism was registered by the Intelligence Fusion and Strategic Operations (IFSO) unit of the Delhi Police since the attackers made an undisclosed (allegedly Rs. 200 Crore) demand to be sought in cryptocurrency in exchange for a key that would decrypt the data.
• The Delhi Police’s use of the provisions of section 66 (F) of the Information Technology Amendment Act 2008 identifying this incident as a case of cyber terrorism is significant and indicates a much larger ambit than a typical ransomware case.
• The Computer Emergency Response Team (CERT-In) and National Informatics Centre worked on the hospital’s servers to restore functionality.

FINDINGS

• CERT-In, the country’s premier cybersecurity agency, has found that the hackers had two Protonmail addresses – “dog2398” and “mouse63209”.
• They also found that ‘dog2398’ and ‘mouse63209’ were generated in the first week of November 2022 in Hong Kong. They also found that another encrypted file was sent from China’s Henan.
• The targeted servers were infected with three ransomware: Wammacry, Mimikatz and Trojan.
• The investigation also revealed that the main server and applications responsible for OPD services were down as all the system files in the home directory were encrypted by changing their extension to .bak9 – a new file that encrypted the extension files of the system.
• As per CERT-In’s preliminary diagnosis, the cyberattack was the result of an “unorganised ICT (information and communications technology) network without centralised monitoring or system administration”.
• This means the infected devices were connected to each other and the data on all of them could be accessed from every connected device — and no team was monitoring who was accessing these systems.

CYBERATTACK ON CRITICAL INFORMATION (CI) INFRASTRUCTURE

Cyber attacks on medical institutes are getting common, and the pandemic has been a turning point as hackers and criminal syndicates realised the dependence of these institutes on digital systems, to optimally manage medical functioning as well as store and handle large volumes of patient data, including their medical reports. In such a situation, both the aspects of security and privacy surface. Hence most countries define the health and medical sector as Critical Information (CI) Infrastructure.

In India, while health is not specified directly as a CI, an organisation like AIIMS New Delhi could be counted as a “strategic and public enterprise” as it treats crores of patients, including the top leadership of the country. It also handles and stores very sensitive medical research data. It is a natural target for cyber attackers and ransom seekers because the data available here is more precious than even oil.

The ransomware attack on AIIMS is the first such attack on an Indian healthcare institution even as such institutions have been a favoured target of ransomware over the past few years.

• The Information Technology Act of 2000 defines “Critical Information Infrastructure” as a “computer resource, the incapacitation or destruction of which shall have debilitating impact on national security, economy, public health or safety”.
• The government, under the Act, has the power to declare any data, database, IT network or communications infrastructure as CII to protect that digital asset.

SECURITY INCIDENTS IN CRITICAL INFRASTRUCTURE IN INDIA

India has witnessed at least seven major cyberattacks and security incidents in critical infrastructure companies in the last two years and most of them have been in 2022. While there have been security incidents and attacks on critical assets in the past, the frequency, scale, and impact of recent episodes have demonstrated  just how close adversaries have gotten to causing irreversible damage.

The Indian Computer Emergency Response Team (CERT-IN) in its India Ransomware Report 2022 stated that there is a 51-percent increase in the number of ransomware attacks across multiple sectors including critical infrastructure.

THE ANALYSIS:

Though India has been paying greater attention to cyber security, the rising number of attacks on India should be very worrying to Indian security managers. A more worrying aspect of the cyber attack is that it is not an isolated incident. In fact, the number of cyber attacks on healthcare infrastructure has gone up significantly in recent years.

Cloud SEK, an AI company that has been monitoring cyber threats, noted in a report that the Indian healthcare sector was second in terms of the number of attacks, accounting for 7.7 percent of the total attacks on the healthcare industry worldwide in 2021, and 29.7 percent of all attacks in the Asia-Pacific region. This is a consequence of the greater digitalisation taking place, especially in the context of the COVID-19 pandemic. The study also said that the number of cyberattacks against the healthcare industry has increased by 95.34 percent in the first four months of 2022 as compared to the number of cyberattacks in 2021 during the same period.

While the healthcare industry has become a particularly attractive target for hackers and criminals, cyberattacks on other sectors in India have been equally critical. The number of incidents involving data breaches and digital banking threats has been on the rise, exposing Indian vulnerabilities in the cyber security domain.

Whether these attacks lead to data or financial loss or not, the more serious issue is the ability of the perpetrators to crack the Indian cyber security system, despite India’s security efforts. They also reflect the still-inadequate protection measures afforded to critical information infrastructure in India.

CYBER SECURITY ARCHITECTURE IN INDIA

LEGAL FRAMEWORK

INFORMATION TECHNOLOGY ACT,2000

v  The provisions of the IT Act deal with evidentiary value of electronic transactions, digital signatures, cyber-crimes, cyber security and data protection.

v  It intends to give legal recognition to e-commerce and e-governance and facilitate its development as an alternate to paper based traditional methods.

OTHER LAWS

v  Apart from IT Act 2000 there are other laws as well that govern and regulate cyberspace.

v  For online contracts- Indian Contracts Act, Sale of Goods Act 1930 etc would define legality as well

v  Provisions of Competition Act 2002 and Consumer Protect Act 1986 are also relevant for cyber space

v  Indian Copyright Act and Trade Marks Act protect the intellectual property in the cyber domain.

NATIONAL CYBER SECURITY POLICY 2013

PURPOSE

v  The policy document outlines a road map to create a framework for comprehensive, collaborative and collective response to deal with the issue of cyber security at all levels within the country.

VISION

v  To build a secure and resilient cyber space for citizens, businesses and government.

MISSION

v  To protect information and information infrastructure in cyberspace, build capacities to prevent and respond to cyber threats, reduce vulnerabilities and Minimize damage from cyber incidents through a combination of institutional structure, people, process, technology and cooperation.

IMPORTANT FEATURES

v  To build secure and resilient cyber space.

v  Creating a secure cyber ecosystem, generate trust in IT transactions.

v  24 x 7 National Critical Information Infrastructure Protection Center (NCIIPC)

v  Indigenous technological solutions(Chinese products and reliance on foreign software should be reduced.)

v  Testing of ICT products and certifying them. Validated products

v  Creating workforce of 500,000 professionals in the field

v  Fiscal Benefits for businessman who accepts standard IT practices, etc.

VARIOUS INSTITUTIONS

OTHER INITIATIVES

The initiatives taken by the government so far have focused on the issues such as-

1.       Cyber security threat perceptions

2.       Threats to critical information infrastructure and national security

3.       Protection of critical information infrastructure

4.       Adoption of relevant security technologies

5.       Enabling legal processes

6.       Mechanisms for security compliance and enforcement

7.        information security awareness

8.       Training and research.

THE WAY FORWARD:

• Making threat analysis a norm: Vulnerability report should be generated followed by an audit which will highlight the loopholes in the cyber-attack preparedness of the organisation. An annual review of the software should also be conducted, as and when the software is changed/updated.
• Capacity building: The capacity enhancement for the NCIIPC and CERT-In needs to be undertaken in areas like AI/ML, Blockchain, IoT, Cloud, Automation to address the emerging sophisticated nature of threats and attacks. Sectoral CERTs also have to be set up for many areas including health.
• ‘3-2-1 backup’ approach: Healthcare entities must save 3 copies of each type of data in 2 different formats, including 1 offline. This is an industry best practice to make healthcare institutes cyber secure.
• Enhanced budgetary allocation: A minimum allocation of 0.25% of the annual budget, which can be raised up to 1% to be set aside for cyber security as recommended by the National Cyber Security Strategy. An organisation like AIIMS New Delhi could be counted as a “strategic and public enterprise” as it deals with crores of patients, including the top leadership of the country.
• Crisis Management: For adequate preparation to handle a crisis, cyber security drills can be undertaken which include real-life scenarios with their ramifications. A National Gold Standard should be created, which ensures that Indian hardware and software companies adhere to the highest safety protocols.
• Cyber Diplomacy: On countering cyber-attacks, the cyber security preparedness of key regional blocks like BIMSTEC and Shanghai Cooperation Organisation (SCO) must be ensured via programs, exchanges and industrial support.
• Awareness generation: The general public needs to be made aware of what value their personal data holds or what vulnerabilities it could generate if accessed illegally.

THE CONCLUSION: Cyber-attacks and Ransomware-attacks reflect the still-inadequate protection measures afforded to critical information infrastructure in India. The government needs to step up its data protection efforts through additional measures if it is to prevent such frequent cyberattacks. The absence of awareness of cyber risks among the users and the use of old, legacy technologies are among the factors that add to the vulnerabilities. India also needs to study the evolving tactics, techniques, and procedures (TTPs) of hackers and criminals to be able to prevent these attacks

Mains Practice Questions:

• In the quest for digitalisation, India has become an easy target for cyberattacks due to poor cyber security. Discuss.
• Cyberattacks have connotations for privacy and security and highlight the importance of creating and implementing a national cyber security strategy. Comment.

BACK TO BASICS

TYPES OF CYBERATTACKS: In the current, connected digital landscape, cybercriminals use sophisticated tools to launch cyberattacks against enterprises. Their attack targets include personal computers, computer networks, IT infrastructure and IT systems; some common types of cyberattacks are:

BACKDOOR TROJAN

• A backdoor Trojan creates a backdoor vulnerability in the victim’s system, allowing the attacker to gain remote, and almost total control. Frequently used to link up a group of victims’ computers into a botnet or zombie network, attackers can use the Trojan for other cybercrimes.

CROSS-SITE SCRIPTING (XSS) ATTACK

• XSS attacks insert malicious code into a legitimate website or application script to get a user’s information, often using third-party web resources. Attackers frequently use JavaScript for XSS attacks, but Microsoft VCScript, ActiveX and Adobe Flash can be used, too.

DENIAL-OF-SERVICE (DOS)

• DoS and Distributed denial-of-service (DDoS) attacks flood a system’s resources, overwhelming them and preventing responses to service requests, which reduces the system’s ability to perform. Often, this attack is a setup for another attack.

DNS TUNNELING

• Cybercriminals use DNS tunnelling, a transactional protocol, to exchange application data, like extract data silently or establish a communication channel with an unknown server, such as a command and control (C&C) exchange.

MALWARE

• Malware is malicious software that can render infected systems inoperable. Most malware variants destroy data by deleting or wiping files critical to the operating system’s ability to run.

PHISHING

• Phishing scams attempt to steal users’ credentials or sensitive data like credit card numbers. In this case, scammers send users emails or text messages designed to look as though they’re coming from a legitimate source, using fake hyperlinks.

ZERO-DAY EXPLOIT

• Zero-day exploit attacks take advantage of unknown hardware and software weaknesses. These vulnerabilities can exist for days, months or years before developers learn about the flaws.

SQL INJECTION

• Structured Query Language (SQL) injection attacks embed malicious code in vulnerable applications, yielding backend database query results and performing commands or similar actions that the user didn’t request.

RANSOMWARE

• Ransomware is sophisticated malware that takes advantage of system weaknesses, using strong encryption to hold data or system functionality hostage. Cybercriminals use ransomware to demand payment in exchange for releasing the system. A recent development with ransomware is the add-on of extortion tactics.

JUICE JACKING

• Juice jacking is a security exploit in which an infected USB charging station is used to compromise connected devices. The exploit takes advantage of the fact that a mobile device’s power supply passes over the same USB cable the connected device uses to sync data.
• Juice jacking exploits are a security threat at airports, shopping malls and other public places that provide free charging stations for mobile devices.

BLUEBUGGING

• Bluebugging is a hacking technique that allows individuals to access a device with a discoverable Bluetooth connection. Once the target device accesses a rigged link, the attacker can take full control of it. The hacker can read and send messages, access the victim’s phonebook, and initiate or eavesdrop on phone calls.
• Initially, bluebugging focused on eavesdropping or bugging a computer with Bluetooth capability. With the increasing use of smartphones, cybercriminals shifted to hacking mobile phones. This attack is often limited due to the range of Bluetooth connections, which goes up to only 10 meters.

INTERNATIONAL COMPARISON

India lacks specific provisions in the IT act to tackle cyber-crime. It is more evident when we compare it to the other countries.

THE CONTEXT: The decennial census of 2021 has been pushed forward again and is unlikely to start at least till September 2023. The Office of the Registrar General of India (ORGI) announced that the date of freezing the administrative boundaries had been extended from December 31, 2022, to July 1, 2023 and as census can only begin three months after the boundaries have been frozen, and the completion of the Census in its two phases takes at least 11 months which meant that the exercise would begin only after that, and can be extended to 2024. In this regard, let’s have a look on the process of census and reasons for the delay and its consequences.

REASONS FOR DELAY IN CENSUS

From the first synchronous census in 1881, the decadal census exercise has never been delayed or postponed but census 2021 has now been postponed more than once and following are the reasons listed for the same:

• Covid 19 pandemic: Centre’s intent to conduct the 2021 Census was notified in the Gazette of India on March 28, 2019 and freeze on administrative boundaries was to be effective from January 1, 2020 to March 31, 2021, before the COVID-19 pandemic. But because of covid 19 pandemic, it got delayed. Though, three countries that also saw severe COVID outbreaks UK, China, and US have since completed their census exercises.
• Extension of freezing of boundaries: In 2020, the census was postponed indefinitely, and several requests were received from States for permission to create new units and the date of freezing of boundaries was first extended till December 31, 2020. It was extended again till December 31, 2021, then June 30, 2022 and further again to December 31, 2022 which led to delay in exercise.
• Administrative difficulties: Administration is not well equipped with all the powers and equipments and is
• Government unwillingness: One of the possible reasons for delay is being cited as government unwillingness as it is possible that the government wants to hold back the census until the general elections are over.
• Not enough data and surveys: As there is lack of data and surveys that are conducted, it is becoming hard to compile the overall data such as data on fertility rates of religious groups might also not be present.

CENSUS: WHAT IS CENSUS, BACKGROUND AND MECHANISM

WHAT IS CENSUS

• Census is a treasure trove of a vast mine of information and it encapsulates everything from literacy levels, education, housing, household amenities, migration, urbanization, fertility and mortality, language, religion, disability, and other socio-cultural and demographic data age, gender and marital status.
•  It is the largest repository of the nation’s people. It is also a source of primary data at the village, town, and ward levels.

BACKGROUND

• India’s first proper or synchronous Census is the one which begins on the same day or year across regions of the country, was carried out in 1881 by the colonial administration and has since happened every 10 years, except the one that was supposed to be carried out in 2021.
• The onus of census exercise falls on the Office of the Registrar General and Census Commissioner (ORGI), under the Union Ministry of Home Affairs.
• Census Act of 1948 was passed just after Independence and a separate office of Registrar General of India (RGI) was established under the home ministry. However, the Act does not bind the government to conduct the Census on a particular date or to release its data in a notified period.

MACHINERY

Process of census conduction:

• During the census process, workers visit every house and fill up forms, which are transported to data processing centers for digitisation and analysis.
• However, now the workers will go door-to-door with tablets or smartphones and will enter information into a portal directly. It used to take 12 months to complete pre-census activities and census enumeration.

Conduction in two phases: The decennial census is carried out by lakhs of enumerators empanelled and trained by the government in two phases.

• The first phase is the housing Census, where data on housing conditions, household amenities and assets possessed by households are collected .Under houselisting, details of all buildings, permanent or temporary, are noted with their type, amenities, and assets.
• The second phase is where data on population, education, religion, economic activity, Scheduled Castes and Tribes, language, literacy, migration, and fertility are collected. In which. After making a list of all households that are surveyed, population enumeration is carried out. In population enumeration, more detailed information on each individual residing in the country, Indian national or otherwise is to be noted.

Then the actual census takes place, to ensure there’s no double-counting.

Digitally conducted census:

• Upcoming Census will also be the first Census both in digital mode and through paper schedules (questionnaires/forms).
• In 2022, the Union government amended the Census Rules framed in the year 1990 to allow the details to be captured and stored in an electronic form and also make a provision enabling self-enumeration by respondents.
• Home Ministry informed the Parliament in December that mobile and web applications for the collection of data and a portal (CMMS) for management and monitoring of various caste related activities.

SIGNIFICANCE OF DECENNIAL CENSUS

Importance of the Census can be understood from its stature in the Constitution it finds place in the 7th Schedule and the Union list. Few are some significance of census mentioned below:

• Evidence based decision making: Evidence-based decision-making is a universally recognized paradigm of efficient management of economic and social affairs and of overall effective governing of societies and census is very significant regarding this.
• Analyzing society and economy: Census data are also used extensively by researchers, in India and abroad, for analyzing the state of India’s economy and society. For example in the early 1990s, the country woke up to the reality of its adverse sex ratios only through census data. This led to the enactment of legislation criminalising sex selection tests and sex selective abortions.
• Policy making: Economists, sociologists, demographers and public-policy experts delve into the census data to make predictions, garner inferences, and construct policy prescriptions. For example census data contributed to policy formulations, including schemes such as Beti Bachao and Beti Padhao.
• Ensuring Democratic and Political representation: Census data is equally crucial for democratic and political representation. Delimitation, for example, is one way to ensure equal opportunity of representation.
• Smoothening Administrative function: Census data is crucial for various administrative functions, welfare schemes, and other surveys which led to smoothening of administrative function.

CONSEQUENCES OF DELAY IN CARRYING OUT CENSUS

• Hampering policy making: As government institutions depend on census data for policy making so for delaying the census will hamper the entire gamut of government policies. This delay has many important consequences for policy-making, knowledge about the economy, and academic research that informs policy design. For instance, in the absence of up-to-date population figures, it is estimated that around 100 million new people who were supposed to come under the public food distribution system would be left out.
• Deprivation of resource allocation to beneficiaries: Government schemes or programmes are based on census, but if the figures are not updated, there are bound to be many who would be deprived of the benefit. Therefore, the delay in the census impacts actual beneficiaries. For example, around 100 million people are likely being left out of the government’s Public Distribution System (PDS) as the population figures used to calculate beneficiaries are based on the 2011 census.
• Administrative functions: Accuracies of policies that target consumption, income, or wealth creation in specific geographies or particular social groups would be affected too, since all calculations would be based on erroneous numbers and statistics.
• Unreliable Census data: An old census data loses its reliability and any sample selection for surveys on housing, labour or consumption drawn from it gives a misleading conclusion. Therefore there is need to carrying out census on time.

ANALYSIS OF THE ISSUE

WHY CENSUS IS IMPORTANT

Census gives a macro picture, and aggregate data from this gives the larger picture of characteristics. Even though the census is conducted only once in 10 years, it provides the possibility for interpolations, extrapolations, and projections. This was how data was produced for a wider knowledge base. And the census is important in not just the planning and formulation of policies for central and state governments, but also for global agencies, scholars, businesses and others.

COMPARISON WITH OTHER SURVEYS

Census is a unique exercise in the sense that it gives a complete enumeration with no sampling errors. The government does have mechanisms to collect data through surveys like the National Sample Surveys, Periodic Labour Force Surveys, or Health Management Information Systems surveys through which schemes like the public distribution system (PDS) or the Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA) are implemented. But the census gives a complete picture of the population, and of various categories of the population. Sample surveys and the census complement each other, but sample surveys pretty much rely on census data

USE OF CENSUS DATA

Census data are critical for other sample surveys conducted in the country as they use the Census data as a ‘frame’ or list from which a representative sample of the population is selected for surveys. For example, the latest edition of the National Family Health Survey (NFHS-5) released last year, it was the 2011 data that served as the sampling frame. These data were used for making budget allocations, resource allocation and political delimitation of constituencies, political representation and planning.

REASONS FOR DELAY

So, what is weighing heavy on the mind of the Union government? Is it Covid or administrative difficulties? Or is it political questions related to caste enumeration that the government doesn’t want to know the answers to? Or is it a populist decision. However, despite difficulties and whatever might be the reason, postponing or scrapping the Census will have implications on government policies and making policies without facts and data can lead to many unforeseen disasters.

GOVERNMENT REACTION

Yet, the government appears unconcerned about this inordinate delay. It would not be surprising if the exercise is delayed beyond the parliamentary elections in 2024. Finally, it is now quite well-known internationally that India has been tardy in publishing official statistics on important measures such as poverty and unemployment. The delay in starting work on the census could be interpreted as being part of a larger strategy of feet-dragging over revealing what might be unpleasant data. India was once known to be a leader in the use of statistical data for national economic planning and policy formulation. India’s official data were never suspect despite the presence of a large informal sector where the reliability of data is usually suspect. If that reputation is tarnished further, it would cause damage to the nation’s image.

INTERNATIONAL BEST PRACTICES IN CONDUCTING CENSUS

In the past, empires and nations often took regular censuses. From Babylon to China to India to Russia, governments needed to tax people and conscript soldiers, so they counted men. The practice of using data from a census to inform and direct policy

• Austria: In 1990s, when census taking became increasingly controversial due to high costs, low frequency, Austria shifted to first register based census using information taken directly from existing administrative registers. This new census compared to traditional census is less expensive and provide data sooner and with higher frequency.
• Japan: Japan collects census every five years and it solicits information on name, sex, relationship to head of household, type and nature dwelling, floor area of dwelling, number of hours worked, employment status and kind of work. Regardless of nationality or legal status all residents in Japan are required to complete the census. All information collected by census is confidential and protected by the Statistics Act.
• Switzerland: In Switzerland, Federal Population Census, carried out every 10 years. Earlier census failed to provide necessary data. From 2010, census is to be conducted through written questionnaires distributed nationwide. Instead, data in existing population registers is used.
• United States of America: From 1950 onwards census forms were mailed to every address on record with United States Postal System and later made illegal. Later, in addition to decennial federal census , local censuses have also been conducted for example in Massachusetts a state wise  census is conducted every five years until 1985. Some states conducted limited censuses for various purposes and these are typically located in state archives.

THE WAY FORWARD

• Operational efficiency: There is need to work on the operational efficiency of the exercise as there are operational problems in conducting the census which is hindering the process.
• Digitisation of census exercise: Census exercise can be fast-tracked through digital census, with a provision for self-enumeration. The amended census rules now allow a person to “fill up, complete and submit the census schedule” themselves. However, there is a need for successful implementation of self-enumeration in terms of data quality and completeness of coverage.
• High internet penetration: Widespread computer literacy and accessibility are also important in the digitally-driven census. As Only 50 crore Indians have access to smartphones and less than 8 in 10 are online, there is a need to increase the penetration as data collection through a mobile app will reduce the overall time taken to process the census data and to publish the results in time. Experts suggest the government can use GPS to mark the enumeration block boundaries, but these technologies are still evolving in India and are very costly.
• NPR should be delinked: Exercise of collecting data for the National Population Register (NPR), which was to happen with the first phase of the Census, should now be delinked, owing to its politically sensitive nature and the urgency of the Census.
• Start Houselisting: Hurrying through the census could be damaging and defeat its purpose. So, we need to start houselisting as early as possible. The enumeration can only be done in 2024 if houselisting starts now. Houselisting poses a challenge for India, because the country does not have a robust address system.
• Need to freeze boundaries: Another challenge is the ever-changing boundaries of districts and tehsils within a state, a practice that must be freezed a year before the census exercise.
• Setting up of separate expert group: Parliamentary standing committee on home affairs has recommended the setting up of a separate expert group by the RGI to examine the census pattern.

THE CONCLUSION: Delaying the census could have a far-reaching impact as without census data, policy formulation can be affected and also the census exercise should not merely be data-oriented but rather provide a perspective of the culture and society. Therefore, there is need to hasten the exercise of conduction census.

MAINS QUESTION

1. Delaying the census exercise will have economic, political and social consequences. Analyse.
2. Census has been pushed many times, Cite the reasons for this delay and what steps should be taken to conduct the census efficiently on time?

THE CONTEXT: All India Conference of Director Generals/ Inspector Generals of Police  2022 was organised at the National Agricultural Science Complex, PUSA, New Delhi on 21-22 January 2023. The three-day Conference was held from January 20 to 22, 2023, in a hybrid format. The conference discussed a wide range of issues including Cyber Crime, Technology in Policing, Counter Terrorism challenges, Left Wing Extremism, capacity building, Prison Reforms, among others. The broad consensus was arrived to reform the police system in India.

POLICE IN FEDERAL POLITY IN INDIA

• As per Seventh Schedule, ‘Police’ and ‘Public Order’ are State subjects under the Constitution, and as such the primary responsibility of prevention, detection, registration, investigation and prosecution of crimes, including crimes against SC/ST lies with the State Governments and Union Territory Administrations.

WHAT IS POLICE REFORM IN INDIA?

• Police reform aims to transform the old cultures, policies and practices of police organizations so that Police can perform their duties with respect to democratic values, human rights and the rule of law. Police reform mainly aims to maintain law and order in the state with more accountability and transparency in the work.
• However, before going into details about the need of the police reform , there is a need to discuss the issues in the police system in India.

ISSUES IN THE POLICE SYSTEM

COLONIAL POLICE SYSTEM:

• Britishers formed the Indian Police Act in 1861 and our country still follows the same old laws which were made to favor the rulers and suppress the common Indians.

OVERBURDENED POLICE

• Vacancies have been around 24%-25% in state police forces since 2009. The sanctioned police strength was 181 police per lakh persons in 2016, however, the actual strength was 137 police. It is to be noted that the United Nations recommended 222 police per lakh persons. Global average police population ratios 270/ 1 Lakh people.
• 24% vacancies in state forces; 7% in central forces

Sources: Bureau of Police Research and Development

• 86% of the state police comprises of the constabulary. Constables are typically promoted once during their service, and normally retire as head constables. This could weaken their incentive to perform well.

FUNDING TO THE POLICE

• Expenditure on Police accounts for about 3% of the central and state government budgets.

POLICE ACCOUNTABILITY:

• Police accountability involves holding both individual police officers, as well as law enforcement agencies responsible for effectively delivering basic services of crime control and maintaining order while treating individuals fairly and within the bounds of law.
• However, there are many grievances against the Police such as unlawful arrests, unlawful search, custodial death, torture in custody, corruption issue and misuse of law for personal or political gain.
• Transparency International ranked India at 85 among 180 countries in its Corruption Perception Index report

CUSTODIAL DEATH:

• Custodial death is perhaps one of the worst crimes in a civilized society governed by the Rule of Law. It is a crime against humanity and a violation of human rights, so reforms are needed for much more accountability.
• According to The National Crime Record Bureau (NCRB)  data shows India has in total recorded 88 custodial deaths in the year 2021., Over the last 20 years, 1,888 custodial deaths were reported across the country, 893 cases registered against police personnel and 358 personnel charge-sheeted. But only 26 policemen were convicted in this period, official records show.
• E.g. There are custodial deaths of a father and son in Tamil Nadu who the Police tortured for more than seven hours.

NO LAW ON CUSTODIAL TORTURE

• India is a signatory of the United Nations Convention against torture and other cruel activities since 1997, but it has not ratified it as India doe not have any comprehensive law on torture.

POLITICAL INTERFERENCE:

• Police officers are not able to do their work due to the interference of political leader. Hence its necessary to break political nexuses with Police. We needed reform for fairness and transparency in the system this will help to gain public trust.
• Vohra Committee gave recommendations to reform the criminal justice system By breaking the nexus between politicians and criminals

POOR QUALITY OF INVESTIGATION

• Police are accountable for prevention control reporting and investigation of the crime, so there is a conflict of interest(in preventation and investigation). This decreases the quality of the investigation.
• Crime per lakh population has increased by 28% over the last decade (2005-2015). However, convictions have been low. In 2015, convictions were secured in 47% of the cases registered under the Indian Penal Code, 1860. The Law Commission has observed that one of the reasons behind this is the poor quality of investigations.
• The Police do not have the necessary training or expertise to undertake professional investigations. They also lack legal understanding (on issues such as the admission of evidence), and their forensic and cyberinfrastructure is both weak and antiquated.
• Another reason for the lack of quality in the investigation is the transfer of officers during the investigation which causes delay and the newly appointed officer needs to study the case and restart the investigation process

IMPROPER POLICE INFRASTRUCTURE:

• CAG audits have found shortages in weaponry with state police forces. For example, Rajasthan and West Bengal had shortages of 75% and 71% respectively in required weaponry with the state police.
• Utilisation of funds for modernisation (%)

Sources: Bureau of Police Research and Development

RELATIONSHIP BETWEEN POLICE AND THE PUBLIC

• There is insensitivity towards problems faced by people. There is a lack of trust between Police and people. People view the Police as inefficient, corrupt, and violent due to which the relationship between them has a severe lack of confidence. This leads to an automatic problem of less coordination due to which the Police find it improbable to perform their functions.

THESE ISSUES CALL FOR REFORM IN THE POLICE SYSTEM

Expert bodies that have examined police reforms

POLICE ACCOUNTABILITY

There is need to balance accountability and operational freedom of the Police. To allow the Police greater operational freedom while ensuring accountability, various experts have recommended that the political executive’s power of superintendence over police forces be limited.

• Second Administrative Reforms Commission has recommended that this power be limited to promoting professional efficiency and ensuring that Police is acting in accordance with law.
• National Police Commission (1977-81) suggested that superintendence be defined in the law to exclude instructions that interfere with due process of law, or that influence operational decisions, or that unlawfully influence police personnel transfers, recruitments, etc
• Second Administrative Reforms Commission and the Supreme Court have observed that there is a need to have an independent complaints authority to inquire into cases of police misconduct.

POLITICAL INTERFERENCE

In the Prakash Singh case, Supreme Court in its directive held that

• It is to be ensured that the DGP is appointed through merit based transparent process and secure a minimum tenure of two years.
• Also it said to constitute a State Security Commission (SSC) to

○        (i) Ensure that the state government does not exercise unwarranted influence or pressure on the Police

○        (ii) Lay down broad policy guidelines and

○        (iii) Evaluate the performance of the state police

• Constitute a Police Establishment Board in every state that will decide postings, transfers and promotions for officers below the rank of Deputy Superintendent of Police, and make recommendations to the state government for officers of higher ranks.
• Constitute a National Security Commission to shortlist the candidates for appointment as Chiefs of the central armed police forces.

Above all, there is a need for political will to bring reform in the police system.

VACANCIES AND AN OVERBURDENED FORCE

2nd Administrative Reforms Commission has recommended that one way to reduce the burden of the police forces could be to outsource or redistribute some non-core police functions (such as traffic management, disaster rescue and relief, and issuing of court summons) to government departments or private agencies.

CONSTABULARY-RELATED ISSUES

A constable’s responsibilities are wide-ranging, and are not limited to basic tasks. For example, a constable is expected to exercise his judgment in tasks like intelligence gathering and surveillance work and report significant developments to his superior officers. Therefore, a constable is expected to have some analytical and decision-making capabilities.

The Padmanabhaiah Committee and the Second Administrative Reforms Commission recommendations:

• raise the qualification for entry into the civil Police to class 12th or graduation.
• expert bodies, such as the National Police Commission have also emphasised incentive to accept remote postings.

CRIME INVESTIGATION:

Recommendation:

• States must have their own specialized investigation units within the police force that are responsible for crime investigation.
• funds and qualified staffs need to be given to the forensic infrastructure
• Supreme Court said that Separate the investigating Police from the law and order police to ensure speedier investigation, better expertise and improved rapport with the people.

POLICE INFRASTRUCTURE AND TRAINING

• More funds need to be allocated to the modernisation of the Police also there is a need to increase the fund utilisation of the fund allocated.
• There is a need for capacity building and technology to deal with cybercrime.
• Training module of the Police should be improved.

CUSTODIAL DEATH AND TORTURE

• In D.K. Basu case, the Supreme Court laid down elaborate procedures to be followed by the Police and other investigating agencies in cases of arrest, detention and interrogation.

○        The arrestee shall be made aware of his right to get a friend or relative informed about his arrest.

○        The diary entry of the arrest, the person informed of the arrest and particulars of the arrest shall be updated in the station diary.

• Law Commission of India in 2017 has proposed anti-torture law still Government has not taken any action in this regard.

NEED TO STRENGTHEN CRIMINAL JUSTICE SYSTEM

• The Malimath Committee submitted its report in April, 2003 which contained 158 recommendations. These pertain to strengthening of training infrastructure, forensic science laboratory and Finger Print Bureau, enactment of new Police Act, setting up of Central Law Enforcement agency to take care of federal crimes, separation of investigation wing from the law and order wing in the police stations, improvement in investigation by creating more posts, establishment of the State Security Commission, etc

POLICE-PUBLIC RELATIONS

• Need to increase the gender sensitivity of the Police.
• One way to improve  police-public relations is to have community policing. Community policing requires the Police to work with the community to prevent and detect crime, maintain public order, and resolve local conflicts, to provide a better quality of life and sense of security.
• Various states have been experimenting with community policing including Kerala through ‘Janamaithri Suraksha Project’, Rajasthan through ‘Joint Patrolling Committees’, Assam through ‘Meira Paibi’, Tamil Nadu through ‘Friends of Police’, West Bengal through the ‘Community Policing Project’, Andhra Pradesh through ‘Maithri and Maharashtra through ‘Mohalla Committees’

THE CONCLUSION: Current dispensation of the government is to build SMART Police which stands for

S stood for strict and sensitive

M for modern and mobile

A for alert and accountable

R for reliable and responsive

T for tech-savvy and trained

Thus. there is a need to reform the Police system to make it more accountable, responsible and transparent to strengthen the Social control between Citizen and State.

Mains Question

1. The police system plays an important role in the criminal justice system, but it has issues. Critically examine.
2. Despite various committees and Supreme Court guidelines for the reform in the Police system, it has not been reformed. Analyse the reasons behind it.