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

ABOUT THE CONFERENCE:

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

KEY AGENDA OF THE CONFERENCE

MORATORIUM ON DEEP-SEA MINING

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

CARBON SEQUESTRATION

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

BLUE DEAL

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

HIGH SEAS ARE UNREGULATED

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

THREAT TO OCEAN

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

ABOUT LISBON DECLARATION

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

AIM

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

NEED

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

FOCUS AREAS

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

SIGNIFICANCE

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

OCEANS AND SDG-14

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

OTHER INITIATIVES TO ENSURE A SUSTAINABLE OCEAN ECOSYSTEM

DECADE OF OCEAN SCIENCE FOR SUSTAINABLE DEVELOPMENT

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

ONE OCEAN SUMMIT

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

WORLD OCEANS DAY

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

MARINE PROTECTED AREAS

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

GLO LITTER PARTNERSHIPS PROJECT

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

INDIA- NORWAY OCEAN DIALOGUE

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

INDIA’S DEEP OCEAN MISSION

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

INDIA’S INDO-PACIFIC OCEANS INITIATIVE (IPOI)

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

SOLUTIONS NECESSARY TO OVERCOME CHALLENGES IN ACHIEVING GOAL 14

INTEGRATED OCEAN MANAGEMENT 

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

IMPLEMENTING SCIENCE-BASED MANAGEMENT PLANS

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

SUSTAINABLE AQUACULTURE

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

CONTROLLING MARINE POLLUTION

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

AREA-BASED MANAGEMENT TOOLS

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

MEASURES TO MITIGATE AND ADAPT TO CLIMATE CHANGE

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

THE ANALYSIS:

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

THE WAY FORWARD:

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

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

Mains Practice Questions:

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

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

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

WHAT IS SPACE TOURISM

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

THE SPACE TOURISM INDUSTRY: PRESENT SCENARIO

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

WHAT IS THE NEW STUDY?

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

WHAT CONSTITUTES THE ROCKET FUEL?

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

 THE GREEN FACTOR:

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

Undermining Montreal Protocol

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

THE PRELIMS PERSPECTIVE:

What is the Montreal Protocol?

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

 ADVANTAGES OF SPACE TOURISM

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

DISADVANTAGES OF SPACE TOURISM

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

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

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

 WHERE INDIA STANDS AT SPACE TOURISM?

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

 THE WAY FORWARD:

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

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

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

QUESTIONS TO PONDER

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

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

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

VACCINE

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

How a vaccine works – a general overview:

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

TYPES OF VACCINES

LIVE-ATTENUATED VACCINES 

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

INACTIVATED VACCINES

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

SUBUNIT VACCINES 

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

TOXOID VACCINES

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

VIRAL VECTOR VACCINES

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

MESSENGER RNA (MRNA) VACCINES 

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

mRNA VACCINE AND CONVENTIONAL VACCINE

CONVENTIONAL VACCINE

PRODUCTION TIME

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

BIOSAFETY

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

IMMUNE RESPONSE 

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

FLEXIBILITY

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

Transport and storage temperature

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

mRNA VACCINE

PRODUCTION TIME

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

BIOSAFETY

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

IMMUNE RESPONSE 

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

FLEXIBILITY

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

Transport and storage temperature

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

ADMINISTRATION OF VACCINES

ORAL VACCINE (PO)

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

INTRANASAL ROUTE (NAS) 

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

SUBCUTANEOUS ROUTE (SUB CUT)

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

INTRAMUSCULAR ROUTE (IM)

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

Previous Year Questions:

Q1.UPSC CES PRE – 2022

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

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

Which of the statements given above are correct?

a) 1 and 2 only

b) 2 and 3 only

c) 1 and 3 only

d) 1, 2 and 3

Q2.UPSC CDS 1 – APRIL 2022

Consider the following pair of vaccines and category/type:

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

Which of the pairs given above is/are correct?

a) 1 only

b) 2 and 3 only

c) 1 and 3 only

d) 1, 2 and 3

 Mains Practice Question:

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

   COVID VACCINES APPROVED FOR USE IN INDIA

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

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

KEY TAKEAWAYS FROM THE MEETING

WTO REFORMS

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

GLOBAL FOOD SECURITY

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

E-COMMERCE TRANSACTIONS

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

COVID-19 VACCINE PRODUCTION

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

CURTAILING HARMFUL FISHING SUBSIDIES

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

ANALYZING THE INDIAN POSITION

FISH SUBSIDY

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

IPR WAIVER

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

ISSUE OF AGRICULTURE

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

PUBLIC STOCK HOLDING ISSUE

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

ELECTRONIC TRANSACTIONS

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

THE GENEVA PACKAGE

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

 A CRITICAL COMMENT ON THE WTO MINISTERIAL OUTCOME

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

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

THE WAY FORWARD:

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

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

Questions:

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

ADDITIONAL INFORMATION

CLARIFYING CONCEPTS: THE WTO TERMINOLOGIES

WTO AND THE MINISTERIAL CONFERENCE

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

WHAT IS AoA?

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

DOMESTIC SUPPORT

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

DE MINIMIS LEVEL

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

AGGREGATE MEASUREMENT OF SUPPORT

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

SCM

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

DISPUTE SETTLEMENT BODY(DSB)

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

APPELLATE BODY

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

NAIROBI PACKAGE

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

BALI PACKAGE 2013

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

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

UNDERSTANDING EXCHANGE RATE THROUGH

DEMAND AND SUPPLY THEORY

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

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

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

INSTANCES OF RUPEES DEPRECIATION

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

REASONS ASSOCIATED WITH THE DEPRECIATION

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

REASONS

Global Reason

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

Domestic Reasons

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

IMPACT OF RUPEE DEPRECIATION

On Export 

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

On Import

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

ON Investment

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

 Impact on other sectors

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

 STEPS TAKEN BY RBI IN SUCH A SITUATION

CHANGING MONEY SUPPLY

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

CONTROLLED INFLATION

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

INTEREST RATES

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

OTHERS

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

 THE WAY FORWARD

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

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

Question:

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

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

IMPORTANCE OF THE REPORT

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

HIGHLIGHTS NITI AAYOG REPORT

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

DEVELOPING CONCEPTUAL UNDERSTANDING

WHAT IS THE GIG ECONOMY?

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

WHAT IS PLATFORM WORK?

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

WHAT IS MEANT BY INFORMALISATION OF LABOUR?

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

WHAT IS THE MEANING OF FORMAL AND INFORMAL SECTORS?

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

DEFINITION OF LABOUR FORCE

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

DEFINITION OF WORKFORCE

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

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

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

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

HOW DOES THE GIG ECONOMY LEAD TO INFORMALISATION?AN ANALYSIS

OUTSIDE THE PURVIEW OF THE REGULATORY FRAMEWORK

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

UNCLEAR EMPLOYMENT RELATIONSHIP

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

EXPLOITATIVE SERVICE CONDITIONS

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

SUBJUGATION TO ALGORITHMS

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

NON EXISTENT SOCIAL SAFETY NET

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

DEMAND AND SUPPLY MISMATCH

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

NO SCOPE FOR COLLECTIVE BARGAINING

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

EXERCISING CONTROL WITHOUT ACCOUNTABILITY

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

 POSITIVE SIDE OF GIG ECONOMY

FREEDOM OF CHOICE

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

FLEXIBLE WORKING HOURS

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

NO FORMAL TRAINING REQUIRED

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

INCENTIVISATION OF HARD WORK

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

GENDER EMPOWERMENT

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

 HOW TO BRING ELEMENTS OF FORMALIZATION IN GIG ECONOMY?

DATA ON THE SIZE OF THE GIG WORKFORCE

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

LEGAL INTERVENTIONS

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

PROVIDING CONCRETE SOCIAL SAFETY MEASURES.

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

CLARIFYING THE RELATIONSHIP BETWEEN THE COMPANY AND THE WORKERS

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

LEARNING FROM INTERNATIONAL JUDICIAL INTERVENTIONS

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

UNIONIZATION OF THE WORKERS

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

BEST PRACTICES OF THE STATE GOVERNMENTS.

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

HOW CAN THE ABOVE ISSUES BE ADDRESSED?

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

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

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

Questions

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

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

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

DATA TO UNDERSTAND THE EXTENT OF GLOBAL FOOD CRISES

WHY RUSSIA AND UKRAINE ARE IMPORTANT FOR GLOBAL FOOD SECURITY

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

IMPACTS OF WAR ON FOOD PRICES

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

CAUSES FOR THE GLOBAL FOOD CRISES

BLOCKADE AT BLACK SEA 

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

ECONOMIC SANCTIONS ON RUSSIA 

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

PRE-WAR EXISTENCE OF GLOBAL SUPPLY CHAIN DISRUPTIONS

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

CLIMATE CHANGE AND FOOD SECURITY 

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

GLOBAL REPORT ON FOOD CRISES 2022

THE REPORT

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

MAIN DRIVERS FOR FOOD INSECURITY 

Conflict:

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

Weather Extremes:

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

Economic Shocks:

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

SUGGESTIONS

Need for an Integrated Approach:

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

Need to Prioritize Smallholder Agriculture:

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

Strengthening a Coordinated Approach:

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

IMPACT OF RUSSIA UKRAINE CONFLICT ON INDIA’S AGRI SECTOR

POSITIVE IMPACTS

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

NEGATIVE IMPACTS

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

THE ANALYSIS OF THE ISSUE

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

THE WAY FORWARD:

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

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

Mains Practice Questions:

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

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

HISTORY OF EQUALITY COMMISSION DEMANDS IN INDIA

SACHAR COMMITTEE REPORT

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

MENON COMMITTEE REPORT

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

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

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

RATIONALE BEHIND THE DEMANDS OF EQUALITY COMMISSION

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

 MANDATE OF EQUALITY COMMISSION

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

 EQUALITY COMMISSION IN THE CONTEXT OF GLOBALISATION

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

IDEA OF EQUAL OPPORTUNITY AND POLITICS

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

WHAT IS AN ANTI-DISCRIMINATION LAW?

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

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

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

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

NEED FOR AN EQUALITY COMMISSION IN INDIA

STRUCTURAL DISCRIMINATION 

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

DISCRIMINATION BY INDIVIDUALS

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

GROWING PUBLIC DEMAND

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

EXISTING LAWS ARE NOT ENOUGH 

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

JUDICIAL LIMITATIONS

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

EMPIRICAL EVIDENCE 

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

HUMAN RIGHTS AND SDGS

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

GLOBAL EXAMPLES

SOUTH AFRICA 

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

GREAT BRITAIN ( ENGLAND, SCOTLAND AND WALES)

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

USA 

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

GOVERNMENT RESPONSE TO DEMANDS OF EQUALITY COMMISSION

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

THE ANALYSIS:

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

THE WAY FORWARD:

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

THE CONCLUSION:

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

MAINS PRACTICE QUESTIONS:

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

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

WHAT IS THE PERSIAN GULF REGION?

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

WHY IS THE GULF REGION IMPORTANT FOR INDIA?

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

FOUR PILLARS OF INDIA-GULF RELATIONS

TRADE RELATIONS

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

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

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

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

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

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

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

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

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

OIL IMPORTS

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

INDIAN DIASPORA

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

REMITTANCES

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

GRAPHICAL REPRESENTATION OF INDIA-GULF TRADE RELATIONS

EFFORTS BY THE INDIAN GOVERNMENT

SPECIAL FOCUS

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

VISITS TO THE REGION

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

HIGHEST CIVILIAN HONOUR

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

GIVING IMPORTANCE TO THEIR RELIGION

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

 INDIA’S PRIORITIES IN THE GULF

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

THE WAY FORWARD:

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

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

Value Addition

What is GCC?

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

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

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

Structure:

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

Role of GCC today:

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

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

Question for mains examination:

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

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

WHAT IS ROE V. WADE JUDGEMENT?

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

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

MISSISSIPPI LAW ON ABORTION

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

WHAT IS THE DEBATE REGARDING ABORTION?

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

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

Ethical questions raised

(1) The primary questions:

The moral debate about abortion deals with two separate questions:

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

(2) The secondary questions:

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

IMPACT OF THE JUDGEMENT?

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

ABORTION LAWS IN OTHER COUNTRIES

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

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

ABORTION LAWS IN INDIA 

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

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

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

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

How did abortion laws come about in India?

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

How has the MTP Act evolved from 1971 to 2021?

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

THE MEDICAL TERMINATION OF PREGNANCY (AMENDMENT) ACT, 2021

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

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

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

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

 IS TERMINATING A PREGNANCY A CRIMINAL OFFENCE IN INDIA?

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

ISSUES IN THE PRESENT LAW

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

These are seven examples:

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

JUDICIAL INTERVENTIONS IN CASES OF ABORTIONS

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

WHAT ARE THE CRITICISMS AGAINST THE ABORTION LAW IN INDIA?

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

THE WAY FORWARD

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

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

QUESTION FOR MAINS EXAMINATION:

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

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

SCENARIO OF WOMEN’S WORKFORCE PARTICIPATION

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

CHALLENGES FACED BY WOMEN WORKERS

MECHANIZATION OF RURAL ECONOMY

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

ABSENCE OF PAY PARITY

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

DISCRIMINATION AT WORKPLACE

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

LIMITATION OF MGNREGA

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

SEXUAL HARASSMENT

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

LACK OF NUTRITIOUS FOOD

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

REASONS FOR DECLINING WOMEN’S EMPLOYMENT IN INDIA

OCCUPATIONAL SEGREGATION

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

INCREASED MECHANISATION

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

GENDER GAPS IN HIGHER EDUCATION AND SKILL TRAINING

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

SOCIAL NORMS

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

IMPORTANCE OF WOMEN IN THE WORKFORCE FOR INDIA

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

Micro-level:

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

Macro-level:

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

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

LEGAL PROVISIONS

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

e-Shram portal

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

The Mahila Kisan Sashaktikaran Pariyojana (MKSP)

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

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

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

Pradhan Mantri Kaushal Vikas Yojana (PMKVY)

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

 THE WAY FORWARD:

SYSTEMIC CHANGES NEEDED

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

PROVIDING SKILL TRAINING

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

MORE INVESTMENTS

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

MINIMUM WAGES

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

BRINGING WOMEN INTO LEADERSHIP ROLE.

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

IMBIBING GENDER EQUALITY

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

MGNREGA STANDARDS

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

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

QUESTION FOR MAINS EXAMINATION:

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

THE CONTEXT: New-age crimes in the cyber world are leaving the cops huffing and puffing as thieves seem to run miles ahead of them with smarter and ingenious methods of breaching and misusing digital data to loot more and more vulnerable victims. As reliance on technology, remote work and automation picks pace and billions of people become digitally savvy, the scope for online trickery and scams has grown exponentially. This article presents various aspects of cybercrimes and how law enforcement agencies can keep a check on them.

CYBERCRIME

Cybercrime is defined as crimes committed on the internet using the computer as a tool to target the victim for the execution of the desired crime. Though it is difficult to determine where the particular cyber crime took place because it can harm its victim even sitting at a far distance. Cyber crimes are quite different from traditional crimes as they are often harder to detect, investigate and prosecute and because of that cyber crimes cause greater damage to society than traditional crimes. Cyber crimes are broadly classified into different groups:

CRIME AGAINST THE INDIVIDUALS

• Harassment, cyber-stalking, deformation, indecent exposure, cheating, email spoofing, fraud, etc.

CRIME AGAINST PROPERTY

• Transmitting viruses, net trespass, unauthorized control over computer systems, internet thefts, infringement of intellectual property,etc.

CRIME AGAINST ORGANIZATION

• Cyber terrorism within a government organization, possession of unauthorized information, distribution of pirate software, etc.

CRIME AGAINST SOCIETY

• Child pornography, financial crimes, sale of unlawful articles, trafficking, forgery of records, gambling, etc.

DATA AND RECENT INCIDENTS:

1. Cybercrimes in the country have increased four times or 306 per cent in the past four years. In 2016, 12,317 cases of cybercrime were registered and in 2020 this number increased to 50,035. This means that India registered 136 cybercrime cases every day in 2020, according to the National Crime Records Bureau.
2. India witnessed over 18 million cyber-attacks and threats, with an average of nearly 200,000 threats every day, in the first three months of 2022, according to US-based cyber security firm, Norton. The company states in its Cyber Safety Pulse Report that the quarter spotted nearly 60,000 phishing attempts through this quarter, as well as over 30,000 tech support scams in this time.
3. Another aspect is the increasing trend of cyber criminals gaining access to corporate email addresses. In the year 2015, an oil and gas company was hacked whereby the cyber criminals duplicated the email ids of the senior officials in order to ploy one of the clients to transfer the amount to the hacker’s account leading to losses to the tune of a few hundred crores. E.g. The Cosmos Bank was destructively hit by a cyber-attack in the year 2018, where the hackers hacked into the ATM server of the bank and stole details of many visa and Rupay debit card owners.
4. Recent incidents like Pegasus WhatsApp snooping, a cyber attack on India’s nuclear power plant etc. have shown India’s vulnerability.

ISSUES IN INDIA’S CYBER SECURITY

1. Service Providers: Rush towards digitization in almost every sector has led to increased collaborations with application service providers. This is done to provide customers with the best apps and services in the shortest possible time. Hardware and software being of foreign origin or the terabytes of data that is parked on servers outside India serves as a potential threat to National Cyberspace.
2. Wide Coverage: India has now more than 700 million internet users which makes it a large pool of digitally vulnerable targets. Considering our nation’s size and scale, it serves as a challenge to monitor and suspect digital threats. Computer Emergency Response Team (CERT-In) is heavily understaffed. Although Gov. has set up National Critical Information Infrastructure Protection Centre (NCIIPC) but it is yet to identify and implement measures to protect critical information infrastructure
3. The continued perception has been that cyber security is optional. This led to an increase in threats of cyber-attacks.
4. The international threat of a cyber war from neighbouring countries has increased in recent times. Lots of equipment in India are imported. It is unknown whether these devices are tampered with or programmed for control processes
5. Cyber-attacks have grown in terms of sophistication and reach in recent times. The countries are witnessing growing cybercrime ranging from fraud calls to malware that brings banking systems to a standstill. Attacks are often anonymous and difficult to attribute to specific actors, state or non-state. Advanced Precision Threats (APTs) carried out by anonymous hackers are often silent and go unnoticed for long periods.

WHAT HAS INCREASED INDIA’S CYBER SECURITY THREAT?

DIGITAL INDIA VISION

• India is one of the fastest-growing markets for digital technologies fuelling the government’s push toward actualising its Digital India mission.
• Whether creating broadband highways or rolling out services such as DigiLocker and e-governance schemes like the Jan Dhan Yojana, the government has pushed for as much digital adoption as possible.
• Under Pradhan Mantri Jan Dhan Yojana 45 crore new accounts have been opened and 32 crore RuPay Debit Cards have been distributed in the last 8 years.
• BharatNet is also developing very fast, 5.75 lakh km of fibre cable has been laid and work has been done to connect 1.80 lakh villages in the last 8 years which was less than 10000, 8 years ago.

INCREASING FOOTPRINT OF DIGITAL ACTIVITIES

• India now has over 1.15 billion phones and more than 700 million internet users which makes it a large pool of digitally vulnerable targets.
• In January 2020, India had the second-largest Internet user base with over 550 million Internet users.
• In 2021, 40% of the total global digital payments took place in India.
• Digital Inclusion increases the potential of digital threats leading to cyber-attacks and crimes.

TECHNOLOGY SHOCKS

• Technologies like the internet, social media, and smart phones allow individuals and groups to commit crimes across international borders. The digital illiteracy and fear psychosis that was evident in Indian masses after the demonetization in 2016 made them more susceptible to cyber frauds.
• The Jamtara cyber con artists made news in 2017, for phishing attacks and duping people of large amounts.
• Silly mistakes by gullible people make them an easy prey to hackers, tele-phishers and other cheats using devices to steal debit and credit card details.
• This has forced one to think that whether the technology upgrades are faster than the general awareness of the people and law making process to handle such crimes.

 LAWS RELATED TO CYBER SECURITY IN INDIA

INFORMATION TECHNOLOGY ACT, 2000

• The act regulates the use of computers, computer systems, computer networks and also data and information in electronic format. The act lists down among other things, the following as offences:

ü  Tampering with computer source documents.

ü  Hacking with computer system

ü  Act of cyber terrorism i.e. accessing a protected system with the intention of threatening the unity, integrity, sovereignty or security of the country.

ü  Cheating using computer resources etc.

STRATEGIES UNDER NATIONAL CYBER POLICY, 2013

• Creating a secure cyber ecosystem.
• Creating mechanisms for security threats and responses to the same through national systems and processes.
• National Computer Emergency Response Team (CERT-in) functions as the nodal agency for coordination of all cyber security efforts, emergency responses, and crisis management.
• Securing e-governance by implementing global best practices, and wider use of Public Key Infrastructure.
• Protection and resilience of critical information infrastructure with the National Critical Information Infrastructure Protection Centre (NCIIPC) operating as the nodal agency.
• NCIIPC has been created under the Information Technology Act, of 2000 to secure India’s critical information infrastructure. It is based in New Delhi.
• Promoting cutting-edge research and development of cyber security technology.
• Human Resource Development through education and training programs to build capacity.

 GOVERNMENT INITIATIVES TO TACKLE CYBER CRIMES

CYBER SURAKSHIT BHARAT INITIATIVE

• It was launched in 2018 with an aim to spread awareness about cybercrime and build capacity for safety measures for Chief Information Security Officers (CISOs) and frontline IT staff across all government departments.

NATIONAL CYBER SECURITY COORDINATION CENTRE (NCCC)

• In 2017, the NCCC was developed. Its mandate is to scan internet traffic and communication metadata (which are little snippets of information hidden inside each communication) coming into the country to detect real-time cyber threats.

CYBER SWACHHTA KENDRA

• In 2017, this platform was introduced for internet users to clean their computers and devices by wiping out viruses and malware.

INFORMATION SECURITY EDUCATION AND AWARENESS PROJECT (ISEA)

• Training of 1.14 Lakh persons through 52 institutions under the Information Security Education and Awareness Project (ISEA) – a project to raise awareness and provide research, education and training in the field of Information Security.

INTERNATIONAL COOPERATION

• Looking forward to becoming a secure cyber ecosystem, India has joined hands with several developed countries like the United States, Singapore, Japan, etc. These agreements will help India to challenge even more sophisticated cyber threats.

CYBERCRIME PORTAL

• It aims to enable citizens to report online content pertaining to Child Pornography/ Child Sexual Abuse Material or sexually explicit content

NATIONAL CONFERENCE ON CYBER SAFETY

• In June 2022 the National Conference on Cyber Safety and National Security was held in New Delhi. The conference is part of the efforts to create mass awareness for the prevention of cybercrimes in the country.

INTERNATIONAL MECHANISMS

• The International Telecommunication Union (ITU) is a specialized agency within the United Nations which plays a leading role in the standardization and development of telecommunications and cyber security issues.
• Budapest Convention on Cybercrime: It is an international treaty that seeks to address Internet and computer crime (cybercrime) by harmonizing national laws, improving investigative techniques, and increasing cooperation among nations. It came into force on 1 July 2004. India is not a signatory to this convention.
• Internet Governance Forum (IGF): It brings together all stakeholders i.e. government, private sector and civil society on the Internet governance debate. It was first convened in October–November 2006.
• Internet Corporation for Assigned Names and Numbers (ICANN): It is a non-profit organization responsible for coordinating the maintenance and procedures of several databases related to the namespaces and numerical spaces of the Internet, ensuring the network’s stable and secure operation. It has its headquarters in Los Angeles, U.S.A.

BUDAPEST CONVENTION

• The Council of Europe’s (CoE) Cybercrime Convention, also known as the Budapest Convention is the sole legally binding international multilateral treaty on cybercrime. It coordinates cybercrime investigations between nation-states and criminalizes certain cybercrime conduct.
• It was open for signature in 2001 and came into force in 2004.
• The Budapest Convention is supplemented by a Protocol on Xenophobia and Racism committed through computer systems.
• India is not a party to it. India recently voted in favour of a Russian-led UN resolution to set up a separate convention.
• The resolution seeks to set up new cyber norms considered as a counter alternative to the US-backed Budapest Accord.

NEED FOR INTERNATIONAL LAW TO DEAL WITH CROSS-BORDER CYBERCRIMES

• Technology develops much more quickly than the domestic and international laws that apply to its use across borders. Some countries argue for greater control over citizens’ data, with localization requirements for storing data inside national borders.
• As new technologies like the internet of things continue to evolve, the ability of international law to combat their negative uses becomes increasingly important to protecting critical infrastructure like power plants and dams.
• But one of the most persistent hurdles remains:International law is designed for sovereign nations to work through legal mechanisms to address grievances with other sovereign nations. Some technology companies have now become key international players, but as non-state actors and they are still governed by national laws and regulations. Until international law catches up with this reality, accountability to international human rights norms also remains elusive.
• Technology empowers governments and non-state actors alike to reach far beyond their own national borders. Combatting transnational issues such as cyber attacks, terrorism, and propaganda requires developing new rules to address the negative consequences of technology.
• The phenomenon of increase in cyber espionage by corporate, by hostile governments to steal trade secrets and information to gain economic advantage or military advantage (most recently seen in Russia – Ukraine war) also demands for a comprehensive law governing all nations on the issue of

THE ANALYSIS OF THE ISSUE

• The media is full of horrifying stories of the common and even highly-placed people being duped of their money through a wide array of online scams. Even as criminals are inventing newer tools to defraud companies and individuals of their assets, the old and common ways like phishing, malware, ransomware etc via scam emails, mobile phone calls and messaging continue to trap thousands of unsuspecting prey.
• At present, in the context of cross-border cyber security threats India needs to review its cyber-defence policies and the country also needs to give equal attention to building a deterrent cyber-offensive capability. The government is taking far too long in finalising a National Cyber Security Strategy.
• There are two limitations to India’s present approach toward cyber security. The country’s policy is defensive and has a narrow focus. It aims to harden vulnerabilities only in civil government and military assets. However, a substantial amount of critical infrastructure in India is built and managed by the private sector.
• Private corporations also hold troves of sensitive personal data. Therefore, any new strategy must ensure the private sector has the necessary cyber-security cover. The new strategy must also acknowledge that the capacity to counter-attack is often the best defence in a cyber war.

THE WAY FORWARD:

• The law enforcement agencies’ cyber security arena is inadequately equipped with expert manpower and resources needed to counter this specialised menace and the very real and growing risk of online fraud and thefts. India should update and upgrade its computing environment and IoT with current tools, patches, updates and best-known methods of the day in a timely manner.
• The instances of cyber financial fraud also call for increased budget allocations in the field of cybersecurity in every district to improve the detection and prevention of the crime.
• The government should also develop core skills in cyber security, data integrity and data security fields while also setting stringent cyber security standards to protect banks and financial institutions.
• Effective use of the knowledge gained from actual attacks that have already taken place in the past for building an effective and pragmatic defence.
• Emphasizing digital literacy is the first requirement for increasing awareness about cyber threats.A public awareness campaign can also prove to be effective to curb cybercrime.
• The university and school curriculum must also emphasize cyber security as a high-decibel awareness
• Pressure also needs to be put on officials in the public domain to carry out regular vulnerability assessments and create necessary awareness of the growing cyber threat.
• A dedicated industry forum for cyber security should be set up to develop trusted indigenous solutions to check cyber-attacks.
• While international cooperation among different countries is necessary to tackle cyber crimes, it is difficult to have universally accepted law on cyber security because there are different approaches, cultures, history on how we think about freedom of speech; the right to privacy and freedom & security. While no country wants to be deprived of benefits of technological advancements we need to build on and improve international cooperation until a comprehensive and pan global law is in place.

THE CONCLUSION:

Emerging trends in cybersecurity indicate that nearly all future global conflicts will have a cyber component. Whether it is for spying on governments, targeting defence forces, hitting power and communication grids, crippling transport networks, subverting financial systems or sabotaging flights, the next war will begin in cyberspace. It may even be waged largely there, yet it will wreak havoc in the everyday lives of common people unless a robust defence is put up. To achieve the goal of a cyber-secure nation, India will require a robust cyber security strategy that safeguards government systems, citizens, and the business ecosystem. This will not only help protect citizens from cyber threats but also boost investor confidence in the economy.

Mains Practice Question:

1. India is witnessing ingenious cyber crimes every day. What should be the approach of the government and law enforcement agencies to deal with such menace?
2. Discuss different types of cybercrimes and measures required to be taken to fight the menace. (GS-3 Mains 2020)
3. Digital India’s dream requires a strong focus on digital security. Comment.

THE CONTEXT: The discontentment with growth not being beneficial to all became a highly debated topic in the past few years and the arena of policy making also focused on reforms in a situation where India achieved higher economic growth but sluggish poverty reduction. Realising the importance of this debate, the government of India also envisioned “inclusive growth” as a strategy to ensure that economic progress is pro-poor and inclusive. This article explains various reasons for poverty in India and how can economic growth be of help in reducing the poverty.

WHAT IS ECONOMIC GROWTH?

Economic growth is an increase in the production of economic goods and services, compared from one period of time to another. It can be measured in nominal or real (adjusted for inflation) terms. Traditionally, aggregate economic growth is measured in terms of gross national product (GNP) or gross domestic product (GDP), although alternative metrics are sometimes used.

Economic growth refers to an increase in aggregate production in an economy. Often, but not necessarily, aggregate gains in production correlate with increased average marginal productivity. That leads to an increase in incomes, inspiring consumers to open up their wallets and buy more, which means a higher material quality of life or standard of living.

 INDIA’S GROWTH STORY

India’s economic journey since 1947 has seen its share of ups and downs. Once branded a “third world country”, a term for poor developing nation-states which has now fallen into disuse, India is now among the biggest economies of the world. In 1991, India was a leader of the G-77 (a group of poor countries constantly demanding more concessions to develop). Today India is in the T-20, the top 20 economies that lead the world.

FOOD PRODUCTION

• Achieving “self-sufficiency” in food grains has been Independent India’s biggest achievement. From receiving food aid in the 1950s and 1960s to becoming a net exporter, India has seen a turnaround in food production. The total food production, which stood at 54.92 million tonnes in 1950, rose to 305.44 million tonnes in 2020-21.

GROSS DOMESTIC PRODUCT (GDP)

• India’s GDP stood at ₹ 2.7 lakh crore at Independence. 74 years on, it has reached ₹ 135.13 lakh crore. India is now the 6th largest economy in the world and is on its way to becoming the third-largest by 2031, as per Bank of America. An unmissable fact is that there has been a 10- fold increase in the GDP (at constant prices) since the reform process began in 1991.

FOREX 

• India’s forex reserves (In foreign currencies and other assets like gold) stood at a meagre ₹ 1,029 crores in 1950-51. In fact, India’s low forex reserves played a catalytical role in kick starting the economic reforms. With just $1.2 billion worth of forex reserves in 1991, India just had enough reserves to finance 3 weeks of imports. Three decades since the reform process began, India’s forex reserves now stand at ₹ 46.17 lakh crore – the world’s fifth-largest.

START-UP ECOSYSTEM

• India has emerged as the third-largest startup ecosystem in the world after the US and China and the pace of growth is not showing any signs of slowing down.

POVERTY

• Poverty is a state or condition in which a person or community lacks the financial resources and essentials for a minimum standard of living. Poverty means that the income level from employment is so low that basic human needs can’t be met.
• According to World Bank, Poverty is pronounced deprivation in well-being and comprises many dimensions. It includes low incomes and the inability to acquire the basic goods and services necessary for survival with dignity. Poverty also encompasses low levels of health and education, poor access to clean water and sanitation, inadequate physical security, lack of voice, and insufficient capacity and opportunity to better one’s life.
• In India, 21.9% of the population lives below the national poverty line in 2011, however, this estimate of numbers might have increased in the aftermath of the Covid pandemic bringing many into the poverty net and still many poor were pushed deeper into poverty.
• Also, the Periodic Labour Force Survey for the years 2017-18, 2018-19 and 2019-20 shows that the Top 10% earn approximately equal to the bottom 64%. The top 10 accounts for one-third of the incomes earned. While income disparity is not the only trigger to descent into poverty, it boldly outlines the everyday experiences of inequality and inequities.

ABSOLUTE POVERTY

• A condition where household income is below a necessary level to maintain basic living standards (food, shelter, housing). This condition makes it possible to compare different countries and also over time. It was first introduced in 1990, the “dollar a day” poverty line measured absolute poverty by the standards of the world’s poorest countries. In October 2015, the World Bank reset it to $1.90 a day.

RELATIVE POVERTY

• It is defined from the social perspective that is living standard compared to the economic standards of the population living in its surroundings. Hence it is a measure of income inequality.
• Usually, relative poverty is measured as the percentage of the population with income less than some fixed proportion of median income.

CAUSES OF POVERTY IN INDIA

GROWTH FACTOR 

• As development proceeds, the earnings of different groups rise differently.
• The incomes of the upper-income and middle-income groups rise more rapidly than those of the poor. This happens in the early stages of growth which India is passing at present.
• The explanation lies in the shift of population from agriculture which is a slow-growing sector to the modern large industrial sector which grows more rapidly.
• The capital-intensive type of growth leads to the concentration of income in those few hands who supply capital.

PRIVATE OWNERSHIP OF PROPERTY

• India being a mixed economy, has guaranteed the right to private property to its people Accordingly, tangible wealth like land, buildings, automobiles, white goods etc. are owned by a private individual.
• Inequalities of income have resulted from the ownership of private property in the following manner:

Ø  Inequalities Arising Out of Concentrated Land Ownership and Concentration of Tangible Wealth in the Rural Sector.

Ø  Private Ownership of Industries, Trade and Real Estates.

Ø  Inequalities in Professional Knowledge and Training

PREVALENCE OF THE LAW OF INHERITANCE

• The prevalence of the law of inheritance perpetuates income inequalities to a significant level.
• As per this law, the property of the father is usually inherited by his sons and daughters and thus children of the richer class automatically become richer and the children of the poorer class remain poor.

CLASS-BASED DEVELOPMENTS

• The upper classes were the main beneficiary of the nation’s surging economic development and poverty rates are also significantly lower among the upper caste Hindus rather than in the others classes
• One-third of Muslim and Hindu scheduled castes and tribes are in poverty compared to 10% of the upper castes Hindu. Altogether, 28% or around 360 million Indians are living in conditions of severe poverty.

OTHER FACTORS

Ø  SOCIAL FACTORS: Apart from economic factors, there are also social factors hindering the eradication of poverty in India. Some of the hindrances in this regard are the laws of inheritance, caste system, certain traditions, etc.

Ø  CLIMATIC FACTORS: Most of India’s poor belong to the states of Bihar, UP, MP, Chhattisgarh, Odisha, Jharkhand, etc. Natural calamities such as frequent floods, disasters, earthquakes and cyclones cause heavy damage to agriculture in these states.

Ø  POVERTY TRAP:

CONSEQUENCES OF POVERTY

SOCIO-ECONOMIC IMPACTS

• It is estimated that 300 million Indians live in abject poverty. This is the largest number in the world.
• India has the highest number of homeless people.
• Gender inequality leading to violence against women, the burden of unpaid care work, fiscal injustice for women and other marginalised groups. Inequality leads to increased crime and workplace accidents.
• It stems from class, caste and gender inequalities.

INADEQUATE DEVELOPMENT

• The gap between the rich and the poor has created “Club States” with Gujarat, Punjab and other rich states forming the richest clubs.
• Madhya Pradesh, Orissa, Bihar and other such states being left behind in terms of development.

INEQUALITY MAKES THE FIGHT TO END POVERTY MUCH HARDER

• Higher income inequality impedes class formation and poverty reduction.
• Unless growth benefits the poorest people more between now and 2030, the World Bank forecasts that the first Sustainable Development Goal (SDG) to eliminate extreme poverty will be missed.
• Access to social amenities such as decent shelter, clean water, nutrition and food as well as healthcare and education has become difficult for the poor.

Case study

The growth of the middle class plays a significant role in strengthening democratic structures and cultures. But rising income inequality in India is hampering the formation and growth of the middle class. If one were to take an income of $10-$20 per day in 2011 purchasing power parity as an indicator of the middle class, then India has not done as well as Malaysia, Indonesia and China in growing its middle class.

DISPARITIES IN SOCIAL SERVICE

• The highest-quality medical care is only available to those who have the money to pay for it.
• The country is a top destination for medical tourism. At the same time, levels of public spending on health are some of the lowest in the world.
• The poorest Indian states have infant mortality rates higher than those in Sub-Saharan Africa.
• The shortage of health specialists in rural areas, the report compares India’s 0.7 doctors per 1,000 people to the UK’s 2.8.
• The dropping enrolment ratio in government schools, particularly for girls, while private schools see an uptick in admission.

THE ANALYSIS: THE GROWTH – POVERTY PARADOX 

• The surging economic growth has improved the living conditions of its citizens, but these improvements were not uniformly distributed among India’s diverse population. Despite being among the richest countries in the world, India has attracted negative attention in recent years and ranked 66 out of 109 countries in Multidimensional Poverty Index 2021.
• On the surface, India’s story of growth and its triumph over poverty is enviable. India’s income per capita has increased fourfold in the last two decades, and its absolute poverty – measured on the international poverty line – reduced sharply from 40 per cent in 2000 to 13.4 per cent in 2015 but while India is no longer chronically poor, its growth has not been inclusive. The segment of the population that ‘graduated’ from poverty is largely still vulnerable, with consumption levels very close to the poverty line, and far from becoming a ‘middle class.’
• Poverty is concentrated more and more in urban areas, as now one-in-three poor is living in urban areas, which was about one-in-eight in the early 1950s. In the post-liberalisation period, urban growth and non-agricultural growth has emerged as major driver of national poverty reduction including rural poverty.
• Unlike in advanced economies, economic growth and inequality converge in terms of their effects on socio-economic indicators in India i.e. with economic growth the inequality in income and asset distribution also increases; however economic growth helps in reducing the poverty.
• Manifestation of unequal growth is also growing inequalities:
• Growing Rich: During the pandemic, the wealth of Indian billionaires increased from Rs 23.14 lakh crore to Rs 53.16 lakh crore.

ü  India has the third-highest number of billionaires in the world, just behind China and the United States.

ü  There is a 39% increase in the number of billionaires in India in 2021.

• Growing Poor: More than 4.6 crore Indians are estimated to have fallen into extreme poverty in 2020. This is nearly half of the global new poor according to the United Nations.

ü  Also, in the same year, the share of the bottom 50% of the population in national wealth was a mere 6%.

• Unemployment in India has also increased.

CASE STUDY OF TWO GOVERNMENT PROGRAMS AIMED AT POVERTY REDUCTION

PRADHAN MANTRI GRAM SADAK YOJANA (PMGSY)

• PMGSY, state-wise allocations are fixed based on pre-determined gaps in road infrastructure. That automatically ensures more money is released and roads get built.
• PMGSY is less prone to leakage because it is a specific asset-focused programme.

MAHATMA GANDHI NATIONAL RURAL EMPLOYMENT GUARANTEE SCHEME (MGNREGA)

• MGNREGA is supposed to be demand or need-driven, the reality is that it is being successfully implemented only in better-governed states even with lower levels of poverty.
• MGNREGA is general dole-based and not amenable to monitoring beyond a point.

MGNREGA may have a role in mitigating immediate rural distress on account of drought and other unforeseen calamities. But programmes like PMGSY provide more effective long-term poverty alleviation solutions, through raising overall productivity and expansion of non-farm employment opportunities.

BHAGWATI – SEN DEBATE

Bhagwati Model:The idea in the book ” Why Growth Matters: How Economic growth in India reduced Poverty and lessons for other developing countries” is in consonance with Adam Smith’s theory of the invisible hand of the market. It believes that increasing the pie of growth can ultimately lead to an increase in income and consequent development. In other words, it believes in the trickle-down effect.

Amartya’s Sen Model:The idea is propounded in his book ” An uncertain glory: India and its contradiction”. It proposes an increase in the capacity and capability of people as the prime mover of development. Thus Government needs to invest in public health, infrastructure, education and democratic participation. It fosters the idea of a bottom-up approach. The ability of each individual as a change agent. It is about empowerment.

THE WAY FORWARD: ELIMINATING POVERTY IN INDIA

FIXING MINIMUM WAGE 

• Guarantee each citizen a minimum wage consistent with a minimum standard of living.
• In India in 1948, the Minimum Wages Act was passed in pursuance of which minimum wages are being fixed for agricultural labour and labour in what is called the ‘sweated trades’. This is a step which will level up the incomes from below.

SOCIAL SECURITY 

• Introduction of a comprehensive social security scheme guaranteeing to each individual a minimum standard of economic welfare.
• The government includes progressively making school education free; ensuring reduced out-of-pocket expenses on health, and meeting global benchmarks of 6% and 3.5% of GDP on education and public health respectively.
• Strengthening quality public healthcare, strict enforcement of the Right to Education norms, stopping the commercialisation of education and health, and an increased focus on gender budgeting.

PROMOTION OF LABOUR-INTENSIVE MANUFACTURING

• The proportion of the labour force in agriculture has come down, but the workers who have left farms have not got jobs in modern factories or offices. Most are stuck in tiny informal enterprises with abysmal productivity levels.
• If India could somehow reverse this trend and promote labour-intensive manufacturing then inequality could fall.

MORE INCLUSIVE GROWTH

• The promotion and adoption of an Inclusive Growth Agenda is the only solution to the rising inequality problem. Economic growth which is not inclusive will only exacerbate inequality

SKILL DEVELOPMENT

• The development of advanced skills among the youth is a prerequisite if India wants to make use of its demographic dividend. The skilling of youth by increasing investment in education is the only way we can reduce inequality. India needs to become a Skill-led economy

PROGRESSIVE TAXATION

• Higher taxes on the Rich and the luxuries will help reduce income inequalities.
• Getting the richest one per cent in India to pay just 0.5 per cent extra tax on their wealth could raise enough money enough to increase government spending on the heath by 50 per cent

EQUAL OPPORTUNITY FOR ALL

• The Government may devise and set up some sort of machinery which may provide equal opportunities to all rich and poor in getting employment or getting a start in trade and industry.
• In other words, something may be done to eliminate the family influence in the matter of choice of a profession. For example, the government may institute a system of liberal stipends and scholarships, so that even the poorest in the land can acquire the highest education and technical skill.

LEARN FROM OTHER COUNTRIES

China’s case study

• Meta’s narrative for China’s economic development is that its leadership combined the drive for growth with the spreading of human capital.
• As the human capital endowment was relatively equal, most people could share in this growth, which accounts for the relative equality of outcomes in China when compared to India.
• The greater participation of women in the workforce of China

THE CONCLUSION:

India’s dominant economic growth over the last 30 years continued to pull millions of people out of poverty. Due to the unexpected impact of COVID-19, India experienced a spike in its poverty rate. Moving forward, the elimination of poverty in India over the next decade is within reach in spite of the challenges ahead.Rapid economic growth and the use of technology for social sector programs can help make a significant dent in extreme poverty in the country.

MAINS PRACTICE QUESTION:

1. Given India’s stage of development, India must continue to focus on economic growth to lift the poor out of poverty by expanding the overall pie. Comment.
2. Poverty in India is an ever-present problem throughout the country’s history, and unfortunately, it seems that it will continue to be a problem as long as income inequality continues to exist. Suggest measures to reduce income inequality in light of COVID-induced increased inequalities.

THE CONTEXT: According to the latest report released by the global media watchdog, Reporters Without Borders (RSF), India’s ranking in the 2022 World Press Freedom Index has fallen to 150 out of 180 countries. In last year’s report, India was ranked 142. The government has disagreed with the findings of the RSF that ranked India poorly. The government claimed that the report was based on small sample size and gave little or no importance to the “fundamentals of democracy”. This article explains in detail about the World Press Freedom Index and the reasons for the decline in India’s ranking in it.

WHAT IS THE WORLD PRESS FREEDOM INDEX?

• It has been published every year since 2002 by Reporters Sans Frontieres (RSF) or Reporters Without Borders.
• The ranking is based on a country’s performance in five broad categories: political context, legal framework, economic context, sociocultural context and safety of journalists.
• Based in Paris, RSF is an independent NGO with consultative status with the United Nations, UNESCO, the Council of Europe and others.
• The Index ranks countries and regions according to the level of freedom available to journalists. However, it is not an indicator of the quality of journalism.
• Reporters Without Borders index only deals with press freedom and does not measure the quality of journalism in the countries it assesses, nor does it look at human rights violations in general.

Methodology: The score is calculated on the basis of two components:

• A quantitative tally of abuses against journalists in connection with their work, and against media outlets.
• A qualitative analysis of the situation in each country or territory based on the responses of press freedom specialists (including journalists, researchers, academics and human rights defenders) to an RSF questionnaire available in 23 languages.

Each country or territory’s score is evaluated using five contextual indicators that reflect the press freedom situation in all of its complexity: political context, legal framework, economic context, sociocultural context and safety.

A subsidiary score ranging from 0 to 100 is calculated for each indicator. All of the subsidiary scores contribute equally to the global score. And within each indicator, all the questions and subquestions have equal weight.

FIVE BROAD CATEGORIES

POLITICAL CONTEXT

• The degree of support and respect for media autonomy vis-à-vis political pressure from the state or from other political actors.
• The level of acceptance of a variety of journalistic approaches satisfying professional standards, including politically aligned approaches and independent approaches.
• The degree of support for the media in their role of holding politicians and government to account.

LEGAL FRAMEWORK

• The degree to which journalists and media are free to work without censorship or judicial sanctions.
• The ability to access information without discrimination, and the ability to protect sources.
• The presence or absence of impunity for those responsible for acts of violence against journalists.

ECONOMIC CONTEXT

• Economic constraints linked to governmental policies (including the difficulty of creating a news media outlet, favouritism in the allocation of state subsidies.
• Economic constraints linked to non-state actors (advertisers and commercial partners).
• Economic constraints linked to media owners seeking to promote or defend their business interests.

SOCIO-CULTURAL CONTEXT

• Social constraints resulting from denigration and attacks on the press based on such issues as gender, class, ethnicity and religion.
• Cultural constraints, including pressure on journalists to not question certain bastions of power or influence or not cover certain issues.

SAFETY

Ability to gather news without unnecessary risk of:

• Bodily harm (including murder, violence, arrest, detention and abduction)
• The psychological or emotional distress that could result from intimidation, coercion, harassment, surveillance, doxing (publication of personal information with malicious intent), degrading or hateful speech, smears and other threats targeting journalists.
• Professional harm resulting from, for example, the loss of one’s job, the confiscation of professional equipment, or the ransacking of installations.

PERFORMANCE OF INDIA THROUGH GRAPHICAL REPRESENTATION

The chart shows India’s rankings across various categories in 2022. India ranked best in the legal framework category and worst in the safety of journalists category.

The chart shows India’s rank in the Press Freedom Index. While India has ranked consistently low over the past few years, its rank in 2022 plunged to the lowest the country has ever seen.

MAJOR FINDINGS OF THE REPORT

GLOBAL SCENARIO

• According to the World Press Freedom Index:2022, Norway (1st) Denmark (2nd), Sweden (3rd) Estonia (4th), and Finland (5th) grabbed the top five positions.
• North Korea, on the other hand, remained at the bottom of Reporters Without Borders’ list of 180 countries and territories.
• Russia was ranked 155th, down from 150th last year, while China advanced two places to 175th, according to Reporters Without Borders. China was ranked 177th in the world last year.

INDIA’S PERFORMANCE

• India has fallen eight places from 142nd to 150th in 2022 among the 180 countries.
• India’s position has been consistently falling in the index since 2016 when it was ranked 133.
• The reasons behind the fall in the ranking are the increased “violence against journalists” and a “politically partisan media”.
• The ranking categorized India as “one of the world’s most dangerous countries” for journalists, with an average of three or four journalists being assaulted in the course of their work each year.

INDIA’S NEIGHBOURS

• China was ranked at 175th position.
• The index placed Pakistan in 157th position, Sri Lanka in 146th, Bangladesh in 162nd and Myanmar in 176th position.
• Nepal has climbed up by 30 points in the global ranking at 76th position.

REASONS FOR THE DECLINE IN INDIA’S RANKING

POLITICAL MOTIVATION

• The report mentions that Indian authorities have targeted journalists and online critics in recent times driven by political motivation.
• The report further highlighted that women journalists critical of the government face a growing backlash on social media, including rape and death threats.

WRONGFUL PROSECUTION

• It also talked about journalists getting prosecuted under counterterrorism and sedition laws thereby cracking down on dissent.

THREATS AND VIOLENCE

• According to the report, India is also one of the world’s most dangerous countries for media persons.
• Journalists are exposed to all kinds of physical violence including police violence, ambushes by political activists, and deadly reprisals by criminal groups or corrupt local officials.
• The report says authorities have arrested journalists on spurious terrorism and sedition charges, and have routinely targeted critics and independent news organizations, including raiding their workplaces.

FAULTS IN POLICY FRAMEWORK

• Although the policy framework is protective in theory, it resorts to using defamation, sedition, contempt of court, and endangering national security against journalists critical of the government, branding them as “anti-national.”

KASHMIR ISSUE

• The extended ban on the internet in Jammu and Kashmir, and allegedly arbitrary suspension of Twitter accounts of those speaking against the government, were given as evidence of the government tightening its grip on media.

CRITICISM OF THE INDEX

• Multiple countries and commentators have raised concerns with both the WPFI criteria, and methodology and also about RSF’s perceived biases, lack of objectivity in ranking and lack of transparency. One of the primary concerns raised has been the opaqueness of the WPFI survey.
• Question-wise or category-wise scores used in computing scores for the five parameters are not made public, nor is the list of respondents provided.
• Similarly, credible sources are not available for quantitative data on abuse and violence against journalists, nor is any attempt made to clarify such data with Government or country-wise sources in any of the countries being ranked. When a limited sample of approximately 150 respondents and 18 NGOs are asked to analyse and respond to 83 questions for each country, the chances of biases and disconnect with the realities are high. Multiple countries and commentators have raised concerns with both the WPFI criteria and methodology and also about RSF’s perceived biases, lack of objectivity in ranking and lack of transparency.
• The Press Council of India (PCI), which acts as a watchdog of the press, by the press and for the press had rejected India’s ranking in the 2018 WPFI, stating that there was a lack of clarity on the inputs for the rankings, which were based solely on the perception and not on statistical data.
• Also when India’s rank is seen in the context of other countries, it may be noted that some of the most oppressive, authoritative regimes have found a place way ahead of India. RSF, this year, gained the audacity to put countries known for purging press freedom, killing journalists and reporters such as UAE, Hong Kong and Mexico way above India in its latest Press Freedom Index.

STATE OF PRESS FREEDOM IN INDIA

• Freedom of the press in India is subject to certain restrictions, such as defamation law, a lack of protection for whistleblowers, barriers to information access and constraints caused by public and government hostility to journalists. The press, including print, television, radio, and internet are nominally amended to express their concerns under the selected provisions such as Article-19 (which became effective from 1950), though it states freedom of “occupation, trade or business” and “freedom of speech and expression” without naming “press” in clause “a” and “g”. The article allows a journalist or media industries to cover any story and bring it to the audiences without impacting the national security of the country.
• To protect the intellectual, moral, and fundamental rights of the citizens, the government has taken several countermeasures to combat circulating fake news and restricting objectionable contents across the multiple platforms. The law of India prohibits spreading or publishing fake news through social or mass media, and could lead to imprisonment of a journalist or newspaper ban.
• The country’s news outlets and their associated journalists were allegedly charged with sedition and criminal prosecution charges by the authorities.
• The International Press Institute (IPI), an international organizations dedicated to the improvement of journalistic practices, claims that the government of India is responsible for restricting journalists covering COVID-19 pandemic-related reports in the country.
• In 2021, seven journalists were imprisoned in India, the highest in the last 3 decades.Data show that journalists enjoy less freedom than citizens in the country.At least three journalists were killed in 2017 in connection with their jobs.
• Reporters Without Borders stated Gauri Lankesh a proponent of secularism and a critic of right-wing forces was shot dead outside her house. A member of a Hindu nationalist group was arrested for killing Lankesh.
•  A report stated that between 2014 and 2019, 40 journalists were killed and at least 198 severe attacks on journalists were reported, of which, 36 occurred in 2019 alone.
• The media have consistently upheld the personality cult of the leaders since the country’s formation. It reported on the activities of the leader, regularly reporting on their political campaigns, frequently including “advertisements” to ruling parties through radio, television and Newspaper display ads.

THE WAY FORWARD:

TRANSPARENT AND UNBIASED INDEX

• Concerns have been raised with both the WPFI criteria, methodology and also about RSF’s perceived biases, lack of objectivity in ranking and lack of transparency. One of the primary concerns raised has been the opaqueness of the WPFI survey. Thus RSF needs to resolve this issues and need to make the index more transparent and unbiased.

PROPER DEFINITION

• RSF should update its definition of press and account in its ranking methodology for differences between print, electronic and TV journalists, and social media commentators.

FREEDOM OF EXPRESSION

• The Indian state should respect the right to freedom of expression and freedom of media (Article 19), which is the fourth pillar of democracy. However, Freedom of the press is also not absolute.

IMPARTIAL INVESTIGATIONS

• Concerned authorities should conduct independent and impartial investigations into allegations of threats and attacks targeting journalists and critics.

INDEPENDENT REGULATORY BODIES

• There is a need to establish independent press councils, media watch groups, ombudsmen, and other media self‐regulatory bodies autonomous from the government.

REGULATION FRAMEWORK

• There are disastrous effects of misinformation chaos including globalised and unregulated online information spaces that encourage fake news and propaganda. The state should have a robust regulatory framework for the same.

PRESS AND DEMOCRACY

• Freedom of the press is crucial to the functioning of a vibrant democracy hence the government should ensure its wellbeing

PROPER GUIDELINES

• The government should lay guidelines for the frequent internet shutdowns and promote scientifically verifiable facts rather than misinformation on the digital platforms.

THE CONCLUSION: SDG Target 16.10 enjoins governments and all stakeholders to ensure public access to information and protect fundamental freedoms, in accordance with national legislation and international agreements. An objective measure of press freedom across countries and a well-coordinated multi-stakeholder approach towards establishing press freedoms are essential towards improving democratic outcomes like transparency, accountability, people’s participation etc. With these overarching goals in mind, Reporters Without Borders must use its unique position and expertise to evolve a globally acceptable definition of press freedom by engaging with all countries which it ranks and strive to remove inconsistencies and biases in its ranking methodology and provide clarity on its funding sources. Also with systemic censorship on the rise and journalists facing constant threats from the government as well as other political outfits, the future of independent journalism in India today is in the hands of those institutions that have been struggling to retain their independence and promote journalistic rights: most importantly the courts, but also editors and journalists’ associations and independent news media themselves.

VALUE ADDITION

WORLD PRESS FREEDOM DAY

• The day was proclaimed by the UN General Assembly in 1993, following the recommendation of UNESCO’s General Conference in 1991.
• The day also marks the 1991 Windhoek Declaration (adopted by UNESCO).
• It aimed toward the ‘development of a free, independent and pluralistic press’.
• The theme for 2022:Journalism under digital siege

FREEDOM OF PRESS IN INDIA

• The Constitution, the supreme law of the land, guarantees freedom of speech and expression under Article 19, which deals with ‘Protection of certain rights regarding freedom of speech, etc.
• Freedom of the press is not expressly protected by the Indian legal system but it is impliedly protected under article 19(1) (a) of the constitution, which states – “All citizens shall have the right to freedom of speech and expression”.
• In 1950, the Supreme Court in Romesh Thappar v. State of Madras observed that freedom of the press lay at the foundation of all democratic organisations.
• However, Freedom of the press is also not absolute. It faces certain restrictions under Article 19(2), which are as follows-

Matters related to interests of the sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, decency or morality or in relation to contempt of court, defamation or incitement to an offence.

QUESTION FOR MAINS EXAMINATION:

1. Discuss the salient features of the World Press Freedom Index. How far do you agree with the view that the press freedom in India is on a continuous decline as reflected in the Index?
2. India’s ranking is continuously declining in the world press freedom index. Analyse the reasons behind it and also suggest measures to ensure the freedom of the press in the country.

THE CONTEXT: In May 2022, the Ministry of Electronics and Information Technology (MeitY) released a revised Draft National Data Governance Framework Policy(NDGFP). This policy aims to enhance access, quality, and use of data, in line with the current and emerging technology needs. In this article, we will study the important aspects of this policy from the UPSC examination perspective.

THE RATIONALE FOR THE NDGFP

DIGITALISING THE GOVERNMENT

• The goal of the government is to provide better and more responsive governance to Indian residents.
• This depends on the ability to use data to guide governance, programme evaluation, and service delivery.
• This data-driven governance is a key component of the government’s Digital Government strategy which requires a comprehensive policy.

HARNESS THE POWER OF DATA

• The government data is currently managed, stored and accessed in differing and inconsistent ways across different government entities.
• This reduces the efficacy of data-driven governance, and prevents an innovative ecosystem of data science, analytics etc.
• The power of this data must be harnessed for more effective Digital Government, public good and innovation.
• This requires a National Data Governance Framework Policy (NDGFP).

POST-COVID DIGITISATION

• In the post-COVID-19 era, the digitization of government is accelerating faster.
• With this accelerated digitization, the volume and velocity of data generated is also increasing exponentially.
• This data can be used in turn to improve citizens’ experience and engagement with the government and governance as a Digital Nagrik.

CRITICISM OF EARLIER DRAFT

• The NDGFP comes after strong criticism of the previous ‘Draft India Data Accessibility and Use Policy, 2022’, which was opened for public consultation in February 2022.
• It proposed to permit the licensing and sale of public data by the government to the private sector, which was strongly criticized.(READ AHEAD).

DRAFT INDIA DATA ACCESSIBILITY AND USE POLICY, 2022

The original Draft India Data Accessibility and Use Policy, 2022 was heavily criticised for its price and licencing features, which allowed the government to profit from databases.  It was stated in the draft that, detailed datasets which have undergone ‘value addition/transformation’ and qualify for monetization, may be priced appropriately.The document, however, did not go into detail about the value enhancements that were being considered or the qualifying criteria that would allow these datasets to be marketed. It was also pointed out that allowing government departments/agencies to monetize datasets would go against the policy’s purpose, which is to create an open and accessible database. The NDGFP does not have these pricing and licencing restrictions. Furthermore, while the previous draft stated that certain datasets classed as negative list datasets would be non-shareable, this is no longer the case in the new Draft.

THE OBJECTIVES OF THE NDGFP

• To modernize and transform government data collection and management processes and systems with the goal of improving governance through a whole-of-government approach to data-driven governance.
• To have standardized data management and security standards across the whole Government;
• To promote transparency, accountability, and ownership in non-personal data and datasets access. For purposes of safety and trust, any non-personal data sharing by any entity can be only via platforms designated and authorized by Indian Data management Office(IDMO).
• To build a platform that will allow dataset requests to be received and processed.
• To build Digital Government goals and capacity, knowledge and competency in Government departments and entities.
• To set quality standards and promote the expansion of India datasets program and overall non-personal datasets ecosystem.
• To ensure greater citizen awareness, participation and engagement.

THE SALIENT FEATURES OF THE NDGFP

APPLICABILITY

• This Policy will be applicable to all Central Government departments and entities.
• The rules and standards prescribed will cover all data collected and being managed by any government entity,
• This policy shall be applicable to all non-personal datasets, rules, and standards governing its access and use by researchers and startups.
• State Governments shall be encouraged to adopt the provisions of the policy and rules, standards, and protocols.

DATA PRIVACY AND SECURITY

• The NDGFP standards and rules will ensure data security and informational privacy.

INSTITUTIONAL FRAMEWORK

• An “India Data Management Office (IDMO)” shall be set up under the Digital India Corporation (“DIC”) under MeitY and shall be responsible for framing, managing and periodically reviewing and revising the policy.

THE FUNCTIONS OF THE INDIA DATA MANAGEMENT OFFICE (IDMO)

IDENTIFICATION OF DATASETS

• IDMO, which will be the policy monitoring and enforcement agency shall prescribe rules and standards for government entities to identify and classify the datasets available to them and build a vibrant and large database of the datasets.

DATA STORAGE AND RETENTION RULES

• An evolving set of data storage and retention standards shall be specified by IDMO for standardizing them across Government entities.

DATA ANONYMIZATION STANDARDS AND RULES

• Further to the identification of datasets, rules and standards for data anonymization (for both government and private bodies) shall be developed by IDMO to ensure the informational privacy of the data.

FINALIZE METADATA STANDARDS

• Metadata standards and data quality standards shall be finalized by IDMO that cut across sectors.
• IDMO shall also take steps to ensure compliance with the relevant domain-specific standards by Ministries/ Line Departments.

INDIA DATA SETS PLATFORM

• The IDMO shall design, operate and manage the India Datasets Platform.
• This will process requests and provide access to the non-personal and/or anonymized datasets to Indian researchers and Start-ups

PROTOCOL NOTIFICATION

• IDMO shall notify protocols for sharing of non-personal datasets while ensuring privacy, security and trust.
• Rules to provide data on priority or exclusively to Indian/India-based requesting entities shall also be developed

OTHERS

• Publishing disclosure norms for large-size datasets, ensuring ethical and fair use of data, establishing a framework for user charges, coordination and capacity building, setting up a grievance redressal mechanism etc will be other functions of IDMO.

WHAT ARE THE CONCERNS ASSOCIATED WITH THE DRAFT POLICY?

CRUCIAL MISSING DETAILS

• Details of data privacy, security, intellectual property, data monopoly etc appear sketchy.
• This is because the draft merely lays out broad parameters and the precise conditions of this data-sharing regime have yet to be revealed.
• The NDGFP draft states that its standards and rules will ensure data security and information privacy, but doesn’t state in detail how the government plans to safeguard data privacy.

LACK OF A DATA PROTECTION LAW

• The Data Protection Bill, 2021 has not been passed and the regulations for the protection of non-personal data are not finalized which can create challenges in policy implementation.

POTENTIAL PRIVACY BREACHES

• No technical threshold for data anonymization is specified and hence it will not be possible to categorically stipulate what constitutes anonymized data, leading to privacy breaches.

USER CHARGES AND DATA MONOPOLY

• The NDGFP has done away with the ‘monetization’ provisions of the previous Draft India Data Accessibility and Use Policy.
• But the current emphasis on “user charges” may not ensure a non-monopolistic data market fair for all market players.

IMPLEMENTATION CHALLENGES

• Streamlining data sets across government agencies and breaking down data silos is a massive challenge for the government.
• This will necessitate transformative capacity creation, as well as changes in government officials’ behaviour which is a monumental task.

PRIVATE PLAYERS’ PARTICIPATION

• Private entities acquire and retain enormous amounts of personal data; if this data is anonymized and provided to the platform, the benefits of the repository generated can be maximized.
• However, this initiative may not entice private firms to participate voluntarily without any incentives or benefits being supplied in exchange.

IGNORE THE EXPERT GROUP STUDY

• An expert group has already identified concerns linked with non-personal data in its study.
• It stated that no anonymization technique is perfect and that privacy concerns arising from the potential re-identification of anonymized personal data should be addressed.
• However, the amended text makes no mention of this.

THE WAY FORWARD:

1. The Draft may be revised according to suggestions received from relevant stakeholders to address the concerns raised and to bring further improvements.
2. The passing of the Data Protection Law and other regulations need to be fast-tracked and simultaneously implemented with the NDGFP.
3. As the IDMO is proposed to a powerful central body, its composition in a fair manner is crucial to ensure transparency and privacy of individuals which as per the current Draft is not satisfactorily explained.
4. The Draft says that the IDMO shall formulate all data/datasets/metadata rules, standards, and guidelines in consultation with Ministries, State Governments, and industry. This must be done in letter and spirit in a meaningful manner.
5. Nudging of private players who has a large amount of non-personal data to enthusiastically participate in the programme through incentives etc. can be explored.
6. Structural reforms in government departments are long overdue without which the whole-of-the-government approach to data governance might remain sub-optimal. Also, the bureaucratic pathologies/dysfunctionalities leading to behavioural issues need to be overcome.

THE CONCLUSION: Although the NDGFP and the previous draft are structurally similar, the NDGFP appears to be a step forward because it does not include the contentious data licensing and price clauses. The NDGFP indicates that the Indian government recognizes the enormous value that can be extracted from non-personal data.Specific laws managing data anonymization standards, rules governing conditions of access to such data by private actors, etc. will be critical to creating a secure and transparent data regime and thereby realising the goals of the policy.

Questions:

1. Critically analyze the Draft National Data Governance Framework Policy, 2022.
2. “Data has become a critical resource for the economy and is the key for advancing decision making, governance and service delivery by government and private sector”. How far do you think that the Draft National Data Governance Framework Policy, 2022 can achieve these objectives?

“A whole-of-the-government approach to data governance needs to go beyond mere techno-policy interventions “. Argue.

THE CONTEXT:In the recent past various State governments have passed bills to take away the powers of the Governor as the chancellor of the State universities, driven by the opinion that the Governor’s role in State-run universities needs to be minimized. Apart from Tamil Nadu, the governments of West Bengal, Maharashtra and Kerala have expressed concerns over the Governors’ excessive intervention in the functioning of State universities.The area of conflict here is the appointment of vice-chancellors and the functioning of universities. This article analyses the issue which adds another potential flash point in the Governor – State government relations.

THE HISTORY OF THE ISSUE

• The practice of appointing the Governor as ex-officio chancellor of universities dates to the pre-Independence era. The foundation was laid down in the dispatch of Sir Charles Wood in 1854 to the court of directors described as ‘The Magna Carta of English Education’ in India.
• This document led the Court of Directors to deliberate that it was perhaps time to establish Indian universities modelled on the London University. Consequently, the universities of Calcutta, Bombay and Madras were established in 1857. These universities like the university back in London consisted of a chancellor, vice-chancellor and a senate. The Governor-General of British India was the chancellor of Calcutta University and the Governors of Bombay and Madras headed their State universities.
• After Independence, whenever a State university is established, it is done with the help of legislation passed by the State assembly. The statute unequivocally incorporates this vestigial provision of making the Governor of that State its ex-officio chancellor. And this is why the Governor, to date, exercises the power to appoint vice-chancellors. However, what we need to note is that post-Independence, the Governor is a constitutional functionary.

THE RECENT AMENDMENTS AND DEVELOPMENTS

TAMIL NADU

• The Tamil Nadu Universities Laws (Amendment) Act, 2022, substitutes the expression “chancellor” in the original Act with “government” with regards to both appointment and removal of VCs. The Bills seeking to amend the process of appointment of VCs in the State universities underline that “every appointment of the vice-chancellor shall be made by the government from out of a panel of three names” recommended by a search-cum-selection committee.
• A separate bill to amend the Chennai University Act, 1923 [Chennai University (Amendment) Act, 2022], with similar intent, was passed by the House.Currently, the Governor, in his capacity as the chancellor of State universities, has the power to pick a VC from the shortlisted names. The bills also seek to empower the State government to have the final word on the removal of VCs, if needed.
• Removal will be carried out based on inquiries by a retired High Court judge or a bureaucrat who has served at least as a Chief Secretary.

MAHARASHTRA

• In December 2021, the Maharashtra Assembly passed a bill amending the Maharashtra Public Universities Act, 2016.
• Under the original Act, the Maharashtra government had no say in the appointment of VCs. If the changes take effect, the Governor will be given two names to choose from by the State government.

WEST BENGAL

• In 2019, the West Bengal government reduced the Governor’s authority in appointing VCs to State universities. The government issued a gazette notification West Bengal State Universities (Terms and Conditions of Service of the Vice Chancellor & the Manner and Procedure of Official Communication) Rules, 2019; that abolished the chancellor’s secretariat, reduced the chancellor’s role in choosing vice-chancellors, took away his power to convene meeting of the highest bodies of the universities or take action against vice-chancellors.
• The new rules also Stated that in case of appointment of the vice chancellor of a university, the chancellor shall maintain the order of preference of names placed before him,” as against when the government used to send three names to the governor who was free to choose any one. The rules were notified in the name of the Governor since he is the constitutional head of the State.
• In June 2022, the State Legislative Assembly passed the West Bengal University Laws (Amendment) Bill, which seeks to replace the Governor, with the CM as the Chancellor of State-run universities. Ironically, the Bill will become law only after it receives Governor’s assent.

KERALA

• In December 2021, in an unprecedented move, Kerala Governor asked Chief Minister to take over as the chancellor of the universities, a post held by the Governor in the State, “so that nobody would question the political appointments and interference in the universities”.
• The case was related to the Vice-Chancellor of Kannur University Prof Gopinath Ravindran who was re-appointed for another four years even after issuing a notification for a fresh appointment.

THREE BROAD WAYS OF APPOINTING THE V-Cs IN A STATE UNIVERSITY

DISCRETION OF THE GOVERNOR

• Appointment of the V-C in a State University is the statutory power of the Governor, endowed over him either by any State law or by the statute of the university itself. In such a scenario, the Governor appoints the VC at his discretion after having suggestions by the search committee.
• Eg: Earlier Maharashtra Government had no say in the appointment of the VC and hence the bill was passed in 2021 to take away the statutory power of the Governor although it has not become a law yet.

BY THE COUNCIL OF MINISTERS OF THE STATE

• The VC of a State university is appointed by the Council of Ministers of the State headed by the Chief Minister. The CoM may/may not constitute the search-cum-selection committee for the purpose.
• The Telangana Universities Act, 1991 States that the search committee shall “submit a panel of three persons to the Government in alphabetical order and the Government shall appoint the Vice-Chancellor from out of the said panel”.
• The Gujarat University Act, 1949 also States that “the vice-chancellor shall be appointed by the State government from amongst three persons recommended by a (search-cum-selection) committee”

BOTH THE GOVERNOR AND CoM PARTICIPATE IN DECISION MAKING

• The Governor chooses from a list of potential VCs submitted by the CoM.
• In Andhra Pradesh and Karnataka, the vice-chancellors were appointed by the Governor from the list of three names recommended by the search committee and with the approval of the State government.
• Incident: In April 2022, Karnataka High Court quashed the appointment of Prof KR Venugopal as Vice-Chancellor of Bangalore University. The order Stated that the appointment had been made by the Governor without the concurrence of the State government. The Supreme Court stayed the Karnataka High Court order and the matter is sub-judice.

 ROLE AND POWERS OF THE GOVERNOR AS THE CHANCELLOR OF THE STATE UNIVERSITIES

The Governor of a State is the Chancellor of State Universities including General Universities, Agricultural Universities, Technical Universities, Medical Universities and also Deemed-to-be universities. The Chancellor, by virtue of his office, is a Head of the University and is vested with various powers:

• Appoints the Vice-Chancellors by setting up a search committee, which recommends a panel of names from which he/ she makes the final selection and appointment. Consequently, Chancellor is also vested with the authority to grant leave or institute disciplinary action and award penalties.
• Power to nominate certain members to the Executive Council/ Court of the University.
• Chancellor as the appellate authority has the power to annul decisions of the various university bodies/ authorities which in his view, is against the Act, statutes, ordinances and regulations.
• Power to assent or withhold assent to the statutes and other regulations passed by the Executive Council of the university submitted to the Chancellor for assent.
• Power to hear memorandum and representation of the employees and students.
• Power to take final decisions on election disputes with regard to the representation in different bodies of the universities and managing committees of its colleges.
• Power to nominate experts in the appointment of teachers of various categories in the university.
• Power to preside over the convocation of the university and meeting of its Court/ Senate.
• In order to draw the attention of the Government and streamline the academic session and improve the standard of University Education, convenes review meetings of Vice-Chancellors and concerned ministries.
• The Chancellor shall have also such other power as may be conferred on him by or under Act or the Statute.

IN THE CASE OF CENTRAL UNIVERSITIES

• Under the Central Universities Act, 2009, and other statutes, the President of India shall be the Visitor of a central university.
• With their role limited to presiding over convocations, Chancellors in central universities are titular heads, who are appointed by the President in his capacity as a Visitor.
• The Vice-Chancellor too is appointed by the Visitor from panels of names picked by search and selection committees formed by the Union government.
• The Act adds that the President, as Visitor, shall have the right to authorise inspections of academic and non-academic aspects of the universities and also to institute inquiries.

ROLE OF UNIVERSITY GRANTS COMMISSION

• Education comes under the Concurrent List, but coordination and determination of standards in institutions for higher education or research and scientific and technical institutions come under entry 66 of the Union List.
• The UGC plays that standard-setting role, even in the case of appointments in universities and colleges.
• According to the UGC Regulations, 2018, the “Visitor/Chancellor” (mostly the Governor in States) shall appoint the VC out of the panel of names recommended by search-cum-selection committees.
• Higher educational institutions, particularly those that get UGC funds, are mandated to follow its regulations. These are usually followed without friction in the case of central universities but are sometimes resisted by the States in the case of State universities.

 THE NEED FOR SUCH LAWS BY STATE LEGISLATURES

LACK OF CONSULTATION

• The tradition for the Governor to appoint the vice-chancellors in consultation with the State government is witnessing a change in the recent past.

ADMINISTRATIVE IRREGULARITIES

• The inability of the elected government to appoint a vice-chancellor of its own university was causing various irregularities in the overall administration of the varsity.

POWER CLASH

• Governors should not be vested with the powers that were not mentioned by the Constitution (appointing vice-chancellors) as it would lead to a clash of functions and powers between the State government and the Governor.

AT THE BEHEST OF THE CENTRE

• The elected governments have repeatedly accused the Governors of acting as per the wish of the Centre on various subjects, including education.

 OTHER FRICTION POINTS IN GOVERNOR-STATE LEGISLATURE RELATIONS

In recent years, these have been largely about the selection of the party to form a government, the deadline for proving the majority, sitting on Bills, and passing negative remarks on the State administration. For instance:

MAHARASHTRA

• The State government and the Governor were at odds in 2021 regarding the appointment of 12 MLCs as Governor Nominees.
• In 2019 the Governor invited a leader and administered him oath as CM. This government lasted just 80 hours.
• The Governor also stalled the election of a Speaker since the post fell vacant in February 2021.

RAJASTHAN 

• In 2020 when the State cabinet decided to convene the assembly and communicated that decision to the Governor to sign the order of summons, the Governor kept it pending and has kept sending a series of questions to the government seeking clarifications on the agenda of the house, etc.
• There was, thus, arose a question of great significance in relation to the powers and function of the Governor vis-à-vis the elected government of a State and legislature.

KERALA

• In December 2020, Kerala Governor turned down a request to summon a special sitting of the Assembly to debate the three central farm laws.

TAMIL NADU

• The steps taken by the Governor in regard to the NEET exemption Bill and the clemency petition of Mr Perarivalan had created quite a stir in the recent past.

THE ANALYSIS:

Governor is vested with Constitutional as well as Statutory powers and both of his roles have become controversial in the recent past. As the constitutional head of the State, Governor is bound by the advice of his Council of Ministers (CoM) and functions as a vital link between the Union Government and the State Government.In regard to his statutory powers, he is expected to act according to the statute books. The contestation in both these cases arises when he/she inclines toward any political party lines which usually happens when the ruling party at the Centre and the State are different.

The contemporary controversies have mostly been around the issues of selecting the chief minister, determining the timing for proving legislative majority, demanding information about day-to-day administration, taking an apparently long time in giving assent to bills or reserving bills for the President, commenting adversely on specific policies of the State government and exercising powers of the Governor as the chancellor of State universities. The controversies are not new but given that we have a single-party majority government at the Centre, the States have alleged the undue pressure from the Centre.

In the background of present controversies we need to understand that the Governor is the appointed head of the State and not the representative of the people, he cannot be held accountable for the issues of administration and any other disaffection among the people. The present disputes are more or less related to the political contestations and not to the autonomy, accountability and transparency required for academic excellence. Education being in the Concurrent List of the Schedule 7 calls for the cooperative mechanism between the Centre and the States to take the nation forward.

SOME INTERNATIONAL PRACTICES

The selection of vice chancellors ought to be based on the principle of open impartiality and political non-interference which most of the Western countries seems to follow, barring a few. For instance:

• The collegiums of professors elect the vice chancellor in Germany and France.
• The university council elects the vice chancellor.
• In the United States (US), the board of trustees searches and appoints the vice chancellor.

Ø  The government appoints the vice chancellor in Sweden.

VARIOUS COMMITTEE/COMMISSION RECOMMENDATIONS

JUSTICE R.S. SARKARIA COMMISSION (1988)

• It acknowledged the distinction between the Governor’s constitutional role and the statutory role performed as a Chancellor and also underlined that the Chancellor is not obliged to seek the government’s advice.

JUSTICE M.M. PUNCHHI COMMISSION (2010)

• The Commission was quite forthcoming in its 2010 report. Noting that the Governor should not be “burdened with positions and powers… which may expose the office to controversies or public criticism”, it advised against conferring statutory powers on the Governor.

KEY OBSERVATIONS BY THE COURTS VIS A VIS THE STATUTORY POWERS OF THE GOVERNOR

1. The full bench of the High Court of Punjab & Haryana in Hardwari Lal vs G D Tapase (1981) has held that the Governor has an independent existence and the office held by him is statutory in nature as distinct from the constitutional office of the Governor.
2. The Supreme Court has also affirmed in Bhuri Nath vs State of J&K (1997) that when Governors are entrusted with powers derived from statutes in an official capacity, they are not to act on the aid and advice of the council of ministers making a distinction between the two types of offices.
3. Most recently the Supreme Court had in March 2022 made some pertinent, though unrelated to the current dispute, observations while setting aside the appointment of the VC of Gujarat’s SP University by the State government. The court said that “any appointment as a Vice-Chancellor contrary to the provisions of the UGC Regulations can be said to be in violation of the statutory provisions, warranting a writ of quo warranto.” The apex court also held that in case of any conflict between State legislation and Central legislation, Central legislation shall prevail by applying the rule/principle of repugnancy as enunciated in Article 254 of the Constitution as the subject ‘education’ is in the Concurrent List of the Seventh Schedule of the Constitution.”

THE WAY FORWARD:

1. The recommendations of the Punchhi Commission to save the office of the Governor from any statutory functions not mentioned in the Constitution shall be accepted.
2. President Ramnath Kovind at the 51st Conference of Governors, Lieutenant Governors and Administrators called upon the heads of States to play the role of a friend, a philosopher and a guide to the State government. The persons holding the post of Governor shall act in line with such advice rendered by the President.
3. Governor as a State University Chancellor is in a way result of colonial hangover which shall be done away with. However, State governments should also try to find alternative means of protecting university autonomy so that the governments do not exercise undue influence on the functioning of universities.
4. Appointment and removal of Governor: Venkatachaliah Commission (2002) recommended that the Governor’s appointment should be entrusted to a committee comprising the prime minister, the home minister, the speaker of the Lok Sabha and the chief minister of the concerned State, if Governor to be removed before completion of the term, the central government should do so only after consultation with the Chief Minister.Punchhi Commission (2010) also recommended that the phrase “during the pleasure of the President” should be deleted from the Constitution; Governor should be removed only by a resolution of the State legislature.
5. At times judiciary has also come to the rescue of the office of the Governor and made judgments that in a way were meant to ascertain the dignity of the office like in SR Bommai vs. Union of India, 1994, Rameshwar Prasad Case, 2006 etc. These judicial pronouncements are in a way guiding light for the incumbent persons holding the office of the Governor and should act on wisdom.
6. It goes without saying that unless the Centre and States work based on cooperative federalism principles, the Governors’ position will keep attracting controversies. Hence, both Centre and State need to functions as partners in the development and governance process of the country.

THE CONCLUSION:The insightful and responsible recommendations made by the committees and commissions examining Centre-State relations have created widespread public sensitivity and opinion regarding various wrongdoings of the Centre through the office of the Governor which have proved to be damaging to the essential federal structure in India. There is little doubt that the provision of autonomy to academic institutions is one of the international benchmarks of a good institution, but we need to balance it with our social realities. It will achieve its desired effect only if any transformation goes beyond merely being ornamental or ascertaining the win in a political tussle.

MAINS PRACTICE QUESTIONS:

1. If we want our academic institutions to improve and feature higher in world rankings, we need to think beyond CMs and Governors as chancellors. Comment.
2. Many undesirable actions, from the standpoint of the federal and democratic constitutional systems that Governors often at times engage in, could be the result of the uncertainty of tenure that they suffer from. Critically examine.
3. ‘Constitutional functions of the Governor are different from his/her statutory functions. Hence the Governor can act independently of aid and advice by CoM while performing the latter roles.’ Examine the Statement in light of recent controversies related to the Governor as Chancellors in the State universities.

THE CONTEXT:On May 18, the Supreme Court invoked its extraordinary powers to do complete justice under Article 142 of the Constitution and ordered the release of A.G. Perarivalan, a convict in the assassination of former Prime Minister Rajiv Gandhi. The Court took this step owing to the delay in deciding the clemency petition and reference of the same to the President by the Governor of Tamilnadu. In this article, we will analyze this issue in detail.

A BRIEF OVERVIEW OF THE JUDGMENT OF THE SUPREME COURT

The Court was answering two questions essentially:

1. Whether the Governor can make such a reference to the President?
2. Whether the primacy accorded to the Centre’s opinion under the CrPC can be extended even to remission that may be granted by the Governor under Article 161.

The Court answered these questions in the following way, which are explained in the table below:

BINDING NATURE OF ADVICE

• The law laid down by a series of judgments of the Court is well-settled that the advice of the State Cabinet is binding on the Governor in the exercise of his powers under Article 161 of the Constitution.

SCOPE OF JUDICIAL REVIEW

• Non-exercise of the power under Article 161 or inexplicable delay in exercise of such power not attributable to the prisoner is subject to judicial review by this Court.

PRESIDENTIAL REFERENCE UNCONSTITUTIONAL

• The reference of the recommendation of the Tamil Nadu Cabinet by the Governor to the President of India two and a half years after such a recommendation had been made is without any constitutional backing.
• It is inimical to the scheme of our Constitution, whereby “the Governor is but a shorthand expression for the State Government”, as observed by this Court in Maruram Vs UoI 1980.

UNION HAS NO EXECUTIVE POWER

• No express executive power has been conferred on the Centre either under the Constitution or law made by the Parliament in relation to Section 302.
• In the absence of such specific conferment, it is the executive power of the State that extends with respect to Section 302, assuming that the subject matter of Section 302 is covered by Entry 1 of List III.

FIT CASE FOR ARTICLE 142

• The Court has considered the appellant’s prolonged period of incarceration etc., and the pendency of his petition under Article 161 for two and a half years after the recommendation of the State Cabinet.
• Hence, in the exercise of its power under Article 142 of the Constitution, the Court directed that the appellant is deemed to have served a sentence in connection with the crime and set him free.

BACK TO BASICS-THE CLEMENCY POWER OF THE PRESIDENT AND THE GOVERNOR

THE PRESIDENT

•  Article 72 deals with the clemency power of the President of India. This power extends to:

in all cases where the punishment or sentence is by a Court Martial;

in all cases where the punishment or sentence is for an offence against any law relating to a matter to which the executive power of the Union extends;

in all cases where the sentence is a sentence of death.

• This power should be exercised on the advice tendered by the executive to the President, who, subject to the provisions of Article 74(1), must act in accordance with such advice.
• In several cases, the Supreme Court (SC) has ruled that when deciding mercy petitions, the President must follow the advice of the Council of Ministers. Maru Ram vs Union of India in 1980 and Dhananjoy Chatterjee vs State of West Bengal in 1994 are two examples.
• Relevant materials must be placed by the State before the Governor so that he can make a decision.

THE GOVERNOR

• Under Article 161, the Governor has the power to grant clemency to anyone convicted under any law on a matter which comes under the State’s executive power.
• This power is to be exercised by the Governor as per the advice of the CoM.
• The power to pardon in all cases where the sentence is death, the power lies within President as per Art 72.
• The Supreme Court has held in Maru Ram and Kehar Singh that the power under Articles 72 and 161 of the Constitution are to be exercised by the Central and the State Governments and not by the President or Governor on their own.
• In AG Perarivalan Vs State of TN, 2022, the SC held that the Governor could not refer the mercy petition to the President as it would be against federalism.
• In a 2021 judgement of the SC relating to the remission policies in Haryana, the Court held that the Governor is bound by the advice of the CoM. In fact, the Court noted that the sovereign power of a governor related to clemency to a prisoner under Article 161 is actually exercised by the State government and not the Governor on his own.

KEY TERMS-AN EXPLAINER

• Pardon: It absolves the convict of all sentences, punishments, and disqualifications by removing both the sentence and the conviction. A pardon may be absolute or conditional. It may be exercised at any time, either before legal proceedings are taken or during their pendency or after conviction. The rejection of one clemency petition does not exhaust the pardoning power of the President.
• Commutation: The substitution of one form of punishment for a less severe form. A death sentence, for example, may be commuted to rigorous imprisonment, which may then be commuted to simple imprisonment.
• Remission: It refers to reducing the length of a sentence without changing its nature. A sentence of rigorous imprisonment for two years, for example, may be reduced to rigorous imprisonment for one year.
• Respite: It refers to the imposition of a lesser sentence in place of one that was originally imposed due to a unique circumstance, such as a convict’s physical disability or a woman offender’s pregnancy.
• Reprieve:It denotes a temporary stay of execution of a sentence (especially one of death). Its purpose is to give the convict enough time to petition the President for a pardon or commutation.

CLEMENCY POWER OF THE GOVERNMENTS UNDER THE CODE OF CRIMINAL PROCEDURE(Cr.PC), 1973

• The Cr.PC provides for the clemency power of ” appropriate governments” under some conditions, which are enunciated in Sections 432, 433 and 435.
• Under Section 432, the ‘appropriate government’ may suspend or remit a sentence, in whole or in part, with or without conditions. Under Section 433, any sentence may be commuted to a lesser one by the appropriate government.
• Section 432 explains that which government has the authority to decide on clemency (Union or State) will depend on which government enjoy the executive power in enforcing the law against which the offence is committed.
• Section 435 says that if the prisoner had been sentenced in a case investigated by the CBI, or any agency that probed the offence under a Central Act, the State government could order such release only in consultation with the Central government.
• In the case of death sentences, the Central government may also concurrently exercise the same power as the State government to remit or suspend the sentence.
• In Maru Ram etc. vs Union of India (1980), the Supreme Court said: “Section 432 and Section 433 of the Code are not a manifestation of Articles 72 and 161 of the Constitution but a separate, though similar, power.”

A COMPARATIVE STUDY OF CLEMENCY POWER

UNITED KINGDOM

• At present, the monarch exercises power on the advice of the departmental minister, the Home Secretary.
• The Home Secretary’s decision can, in some situations, be challenged by judicial review.
• All in all, it may be concluded that in the UK, judicial review of the power of pardon is extremely restricted in scope.
• The British constitutional structure recognizes the supremacy of Parliament and provides an altogether narrower scope for judicial review than the Indian Constitution, which tends towards the separation of powers.
• Thus, British precedent in this area has limited application to India.

THE UNITED STATES OF AMERICA

• Article II of the US Constitution grants the President of the United States the “Power to Grant Reprieves and Pardons for offences against the United States, except in Cases of Impeachment.”
• The Court has been cautious in its interpretation of the pardoning power of the President except in very limited areas. However, apart from judicial scrutiny in these areas, the power of pardon has been allowed to be exercised freely.
• Governors (and, many would contend, Presidents) have regularly exercised the clemency power in ways that are clearly at odds with society’s interests, including granting or denying pardons to convicted murderers solely because of campaign promises made to supporters.
• One Governor was even impeached and removed for particularly blatant abuses of the pardoning power.

 A TIMELINE OF THE EVENTS LEADING TO THE SC JUDGMENT

• May 21, 1991:Former prime minister Rajiv Gandhi is assassinated in Sriperumbudur in Tamil Nadu by a suicide bomber belonging to the Liberation Tigers of Tamil Eelam (LTTE).
• June 11, 1991:19-year-old A G Perarivalan was arrested by CBI and booked under TADA along with other accused in the case.
• January 12, 1998: After a prolonged trial, the TADA court sentenced 26 accused to death, including Nalini and Perarivalan.
• May 11, 1999: Supreme Court upholds the death sentence of four, including Murugan, Santhan, Perarivalan and Nalini, sentenced three others to life sentences and frees 19 other death convicts.
• April 2000: Nalini’s death penalty is commuted to life by the then Tamil Nadu governor on the basis of a recommendation of the state cabinet and a public appeal made by Sonia Gandhi.
• 2001:Three death convicts, including Santhan, Murugan and Perarivalan, submit their mercy pleas to the President of India.
• August 11, 2011: Pratibha Patil, the then President, rejects their mercy petitions after 11 years.
• Aug 2011: Madras HC orders stay on the execution of three death convicts ahead of their scheduled hanging on September 9, 2011. A resolution is passed by the then chief minister J Jayalalithaa, seeking commutation of the death sentence.
• Nov 2013:Former CBI SP V Thiagarajan, who had taken the confession of Perarivalan in TADA custody, reveals that he altered it to qualify as a confession statement.
• January 21, 2014: SC commutes death penalty of three Rajiv Gandhi case convicts, along with 12 others, including aides of forest brigand Veerappan, into life imprisonment. The Court cited the inordinate delay in deciding the mercy petition by the President to commute the sentence of death.
• 2015:Perarivalan submits a mercy petition to the Tamil Nadu governor seeking release under Article 161 of the Constitution. Later, he moves Supreme Court after getting no reply from the Governor.
• Aug 2017: Tamil Nadu government grants parole to Perarivalan, the first after his arrest in 1991.
• September 9, 2018: Tamil Nadu Cabinet, headed by the chief minister, recommends the release of all seven convicts.
• Jan 2021: As the Governor continues to sit on the cabinet recommendation, SC orders to take a decision and warns that the Court will be forced to release them, citing the inordinate delay.
• May 2021:Perarivalan is out on parole. The new DMK government kept extending the parole.
• March 9, 2022:The Supreme Court grants bail to Perarivalan.
• May 11, 2022:The Supreme Court concludes the hearing in the case.
• May 18, 2022:Supreme Court orders release of Perarivalan from jail.

AN OVERVIEW OF THE ARGUMENTS AND COUNTER-ARGUMENTS GIVEN BY THE PARTIES

THE UNION GOVERNMENT

• In cases where the sentence is for an offence against any law relating to a matter to which the Union’s executive power extends, the Central Government is the appropriate government to consider pleas of remission.
• To demonstrate the scope of the Union’s executive power, the Union cited Article 73 of the Constitution, which states that such powers would extend to all matters over which Parliament has legislative authority.
• It indicated that the Indian Penal Code is a law enacted by Parliament and hence the remission requests for offences under the code would be considered by the President.
• The IPC is on the concurrent list, and under the principles outlined in Articles 246 to 245 when both the Union Government and the State Government have executive power, the Union Government would take precedence.

THE STATE OF TAMILNADU

• The Governor’s reference to the mercy petition to the President is an absolute derogation of the federal structure envisaged in the Constitution.
• The sentence for offences under the Central Act had already been undergone by the prisoner, and the only offence for which Perarivalan is now serving a sentence is punishable under Section 302 IPC.
• The proviso to Article 73 of the Constitution makes it clear that the Union Government’s executive power would not extend to matters over which the State Legislature also has legislative authority unless explicitly mentioned in the Constitution or any Central Law.
• Because neither the IPC nor the CrPC contains a saving clause that reserves power for the Union Government, the Union Government’s executive power would not extend to matters within the purview of the State executive.
• The IPC is not a Parliamentary enactment but rather an existing law that the Parliament has amended from time to time. The IPC is a collection of penal laws that deal with a wide range of offences that are referenced in various lists of Schedule 7 of the Constitution.

SIGNIFICANCE OF THE JUDGMENT?

• First, the judgement holds that the Governor’s duty while performing his functions, including the power to remit, suspend, or commute sentences under Article 161, is to follow the recommendations of the State Cabinet.
• Second, an important finding is that the Governor was not required to refer the case to the President.
• Third, Governors must exercise their authority on time.
• Fourth, the judgement acknowledges the State’s power in matters of remission, commutation, and so on.
• Fifth, the verdict upholds prisoners’ human rights.

WHETHER INVOCATION OF ARTICLE 142 IS JUSTIFIED?

The use of Article 142 is justified by the case’s unusual facts, which are almost unique. The Governor’s delay in accepting the State Cabinet decision was enormous. It had an impact on a person’s liberty who was legally and constitutionally entitled to be released. For decades, the case was fought. The Centre’s usual litigation strategies contributed to the delay. The Court may have been aware of the procedural injustice meted out to Perarivalan and concluded that the only way to correct it was to invoke Article 142 and release the prisoner. A return to the Governor of the petition would have prolonged the litigation, which had already exceeded all reasonable bounds. Thus, the argument that this violates the separation of power doctrine does not hold much conviction, although this power being extraordinary, needs to be used very sparingly when either of the other two organs fails to act.

 THE WAY FORWARD:

ROLE OF GOVERNOR

• The Governor’s role has been seriously questioned due to the constitutional impropriety displayed by politically partisan governors.
• The inordinate delay in deciding the clemency petition needs to be seen in the context of changing the role of the Governor from “purely being an agent of centre”.
• Hence, governors should strictly follow their constitutional dharma.

CHANGING FEDERAL EQUATIONS

• The federal equations between the Centre and states have reached new lows in recent times, which open new fault lines in federal dynamics. This clemency controversy is another such instance, and hence a better Centre-state relationship must be developed.

NEED FOR CHANGE IN PARDON POWER

• A wide public debate needs to be initiated on the whole issue of pardoning power, its mechanism and employment.

FAULTY AND MOTIVATED INVESTIGATION

• All the limbs of the criminal justice system need to work towards securing justice for all, including the accused.
• In this instant case, it was seen that forced confession was extracted from the appellant and such motivated and faulty investigation strikes at the very roots of the justice system.

POLITICIZATION OF HUMAN RIGHTS

• The human rights of individuals should not be made to suffer at the altar of political manipulations and machinations.

A TIME LIMIT FOR EXERCISING PARDON POWER

• In Perarivalan vs Union of India. 2014, the SC held that “apex constitutional authorities” like the President and the Governor must exercise their clemency powers under Articles 72 and 161, respectively, within the “bounds of constitutional discipline” and in an “expeditious manner”.
• The fact that no time limit is prescribed to the President/Governor for disposal of the mercy petition should compel the government to work in a more systematized manner to repose the confidence of the people in the institution of democracy.

REVISIT THE NEED FOR CAPITAL PUNISHMENT

• The entire saga of cases related to Rajiv Gandhi’s assassination once again generated a debate on the need for capital punishment in Indian Statute books, especially in the context of decision/non-decision/rejection of mercy petitions.
• As it is not possible to know the reason behind this act of the President/Governor, and subjective factors might influence decisions, a moratorium on capital sentence need to be enforced in the shorter term,

THE CONCLUSION: The SC judgement has provided clarity as to the nature of the relation between the governor and the state government vis a vis the clemency power. However, it would be naïve to think that such instances would not recur in future unless the governors display political sagacity. It is in the interest of justice, public cause and human rights that Centre-state relations should improve, for which the role of the Governor is very important while the scope of judicial review is minimum.

Questions:

1. What was held by the Supreme Court in AG Perarivalan Vs State, 2022? Do you think that this judgement has provided clarity with respect to the exercise of the clemency power by the Governor? Explain.
2. “Constitutional clemency differs from statutory clemency”. Comment.
3. “When politics determines justice, human rights become a causality” Elaborate in the context of the SC judgment on the clemency power of the Governor in the Perarivalan case 2022.

THE CONTEXT: The Supreme Court’s order on 11 May 2022, “putting in abeyance” Section 124A of the Indian Penal Code (IPC), 1860, which prescribes punishment for “sedition,” has been greeted with a measure of relief by the various sections. In a brief order delivered in S.G. Vombatkere vs Union of India, a three-judge Bench of the Supreme Court of India effectively suspended the operation of Section 124A of the Indian Penal Code (IPC). This article examines the issue in detail.

THE JUDGEMENT

• In a historic development, the Supreme Court on 11 May 2022 ordered that the 152-year-old sedition law under Section 124A of the Indian Penal Code should be effectively kept in abeyance till the Union Government reconsiders the provision. In an interim order, the Court urged the Centre and the State governments to refrain from registering any FIRs under the said provision while it was under re-consideration. The Court also held that those already booked under Section 124A IPC and are in jail can approach the concerned courts for bail.

THE ANALYSIS OF THE PRESENT STAND OF THE SUPREME COURT

• Direction for reconsideration of sedition law was issued after the Union government filed an affidavit informing the Supreme Court that it had decided to re-examine the law as part of the Prime Minister’s efforts to scrap outdated laws and compliance burdens. The deposition, by itself, offered no firm commitment on whether the government would recommend to Parliament a complete removal of Section 124A. Another pertinent issue is whether the government is serious about re-examining and reconsidering the provisions of Section 124A or was it simply buying time to take the fight to another day? If it was serious, it would have come forward and put all pending cases on hold with an assurance to review them and weed out those that were clearly make-believe. The government was also ambiguous in stating that re-examination and reconsideration would be by the competent forum, namely the Parliament.
• The court’s interim order balances security interests and integrity of the state on one hand, and the civil liberties of citizens on the other. However, it is not the prerogative of the court to strike down any law made by the legislature if it is not in contravention of the Constitution. A constitutional bench in 1962 has already held the  Sedition Law to be Constitutional and we need a larger bench (Five judge bench in Kedar Nath Case) to re-examine the law’s constitutional validity. Though the rights and freedoms under Articles 19 and 21 have been expanded from time to time by the judiciary, it is yet to be ascertained whether the ‘reasonable restrictions’ under Article 19(2) can also be expanded or interpreted in a wider context by the judiciary. If so, then it might have irrevocable implications on the Constitutional scheme of governance. As empirical evidence shows the misuse of the sedition law by the executive, the judiciary has to step in to safeguard the rights of the people and enforce rule of law. But, in order that the judgement to be effective in practice, other limbs of the Criminal Justice System must also internalize the spirit of the judgment in its working.

WHAT IS SEDITION?

• Cambridge Dictionary defines sedition as language or behaviour intended to persuade other people to oppose their government and change it, sometimes by using violence.

 SEDITION LAW IN INDIA SECTION 124A IPC:

• Section 124A defines sedition as any action — “whether by words, signs, or visible representation” — which “brings or attempts to bring into hatred or contempt or excites or attempts to excite disaffection towards the government established by law in India”.

Ø  This means that the law punishes attempts to create “hatred,” “contempt,” or “disaffection” towards the government as “sedition.” The explanation to Section 124A explicitly excludes “disapprobation” of the measures or actions of the government that does not excite or attempt to excite hatred, contempt or disaffection.

• The word “disaffection”, the provision explains, “includes disloyalty and all feelings of enmity”. However, comments without exciting or attempting to excite hatred, contempt or disaffection, will not constitute an offence under this section.

 SEDITION AS A COGNIZABLE OFFENSE:

• In 1962 the Supreme Court of India interpreted the section to apply only if there is, say, “incitement to violence” or “overthrowing a democratically elected government through violent means”.
• Sedition was made a cognizable offence for the first time in history in India during the tenure of Prime Minister Indira Gandhi in 1973, that is, arrest without a warrant was now permissible.

THE HISTORY OF SEDITION

• Sedition laws were enacted around the 17th Century in England in a bid to protect the Crown and the State from any potential uprising. The premise was that people could only have a good opinion of the government, and a bad opinion was detrimental to the functioning of the government and the monarchy. It was subsequently introduced in the Indian Penal Code in 1870.
• Section 124A had been introduced in the Indian Penal Code by the British to punish sedition as an “offence against the state,” and was used to arrest freedom fighters, notably Bal Gangadhar Tilak and M K Gandhi.
• The first known instance of the application of the law was the trial of newspaper editor Jogendra Chandra Bose in 1891.
• Another major case was when Bal Gangadhar Tilak was brought to trial for sedition in 1897 for his lectures and songs at the Shivaji Coronation Ceremony. In 1908, Tilak was again charged with sedition for the publication of a critical article in his magazine Kesari. He was held guilty and sentenced to six years imprisonment by the Bombay High Court, which ruled that no one was permitted to “attribute dishonest or immoral motives to the government.”
• The next landmark sedition case in the pre-independence era was Gandhi’s trial for the offence of sedition for his articles in the Young India magazine. The trial itself was remarkable for his decision to plead guilty to the charge of sedition and Justice Broomfield’s reluctance to sentence him because he did not believe that Gandhi deserved to be charged with sedition in the first place. Mahatma Gandhi had described Section 124A as “the prince among the political sections of the Indian Penal Code designed to suppress the liberty of the citizen”.

CONTEMPORARY DEBATE AND DATA

• The law of sedition has been weaponised by the governments. Cases are filed for strange reasons. For example, the widowed mother of a child and the headmistress of a school was arrested and charged with sedition and school children were subjected to questioning for hours only for participating in a play that contained an “objectionable” line relating to the Citizenship (Amendment) Act. The intention behind the use of the law of sedition is apparently intended to quell dissent and criticism and scare people into submission.
• The offence of sedition has been invoked quite frequently in the recent past. The database of article-14.com called “A Decade of Darkness” is perhaps the only “live” study of sedition cases which informs us that sedition cases filed between 2014 and 2022 doubled as compared to the ones between 2010 and 2014. The number of people adversely affected also doubled— 7,136 versus 3,762. Statistically, the doubling rate is not surprising since the period under consideration also doubled.
• As per the 2020 National Crime Records Bureau (NCRB) report, in 2018, 70 sedition cases were filed; however, not a single person was convicted. Similarly, in 2019, 93 cases were filed, while only two were convicted. Similarly, in 2020, 73 cases were filed and no one was convicted of sedition.
• Manipur filed the highest number of sedition cases (15) in 2020, followed by Assam (12), Karnataka (9), Uttar Pradesh (7), Haryana (6) and Delhi (5).

ARGUMENTS AGAINST THE USE OF SEDITION LAW

LAW TO CURB ALL KINDS OF CRITICISM

• The use of sedition law to curb all kinds of criticisms against the government, and not against incitement to violence against the state alone, has been well-documented over the years.
• Whether it is the first information reports (FIRs) against protestors at Koodankulam or the complaints against Kanhaiya Kumar or Amnesty International, Section 124A has been used by governments of all shades to stifle dissent.
• In its everyday application, sedition is deeply embedded in local politics and in variables such as caste, class, and community. For instance, in Haryana, various marginalised groups experience sedition as a tool for upper-caste domination.

BROAD SCOPE OF SECTION 124-A

• Unfortunately, the broad scope of Section 124-A allows it to be used by the State to go after those who challenge its power.
• Whether it is the JNU students, activists such as Hardik Patel and Binayak Sen, authors such as Arundhati Roy, cartoonists such as Aseem Trivedi, or the villagers of Idinthakarai in Tamil Nadu protesting against the Kudankulam Nuclear Power Plant.
• These examples are demonstrative of the misuse of the provision.

PROCESS ITSELF BECOME PUNISHMENT

• Sedition charges are easily slapped, but seldom stick, but cause immense harassment in the process.
• Even if one is eventually acquitted of sedition, the process of having to undergo the trial itself is the punishment.

COLONIAL LEGACY OF THE LAW

• Since its inception 1870, Section 124A of the Indian Penal Code, which punishes sedition, has been a tool in the hands of the state to curb criticism and dissent though during those times the voices were raised against a foreign rule and in the interest of the nation.
• It has been used by the colonial British government as well as by successive governments of independent India against political dissidents. The colonial intent of the law is part and parcel of what continues to constitute “sedition” in modern-day India.

INTERNATIONAL EXAMPLES

• The global sentiment today is overwhelmingly anti-sedition with different countries either easing the law or simply getting rid of it. Many democratic countries, including the United Kingdom, Ireland, Canada, Ghana, Nigeria and Uganda, have held sedition law as undemocratic, undesirable and unnecessary. Australia (2010) and Singapore (2021) have also repealed the Sedition Law in the recent past.

WHY THE LAW CONTINUE TO REMAIN IN THE STATUTE BOOK?

• Unity & Integrity: Section 124A of the IPC has its utility in combating anti-national, secessionist and terrorist elements.
• Stability of the state: It protects the elected government from attempts to overthrow the government with violence and illegal means. The continued existence of the government established by law is an essential condition of the stability of the State.
• Contempt of Government: If contempt of court invites penal action, contempt of government should also attract punishment.
• Naxalism and Insurgency: Many districts in different states face maoist insurgency and rebel groups virtually run a parallel administration. These groups openly advocate the overthrow of the state government by revolution. Against this backdrop, the abolition of Section 124A would be ill-advised merely because it has been wrongly invoked in some highly publicized cases.

CONSTITUENT ASSEMBLY DEBATE ON THE CONTROVERSIAL ISSUE OF SEDITION

A COLONIAL LAW MEANT TO SUPPRESS INDIANS

• It is nothing short of a remarkable fete that India’s founding leaders ensured that Section 124A was not and is not part of the Constitution.
• They understood the perils of making sedition ‘a reasonable restriction’ on the freedom of speech and expression under Article 13 of the draft Constitution, but it continues to be a criminal offence.
• And, the Constituent Assembly vigorously debated the offensive nature of this law and the possibility that it will be misused to jail those critical of the government—the only reason the British wove it into the IPC in 1870.

CONSTITUTION WITHOUT ‘SEDITION’

• Congress leader and educationist K.M. Munshi, a key voice in the Constituent Assembly, said that there should be no room for ‘sedition’ in independent India.

He argued: “Now that we have a democratic government a line must be drawn between criticism of government which should be welcome and incitement which would undermine the security or order on which civilized life is based, or which is calculated to overthrow the State. Therefore, the word ‘sedition’ has been omitted. As a matter of fact, the essence of democracy is criticism of Government.”

• While key founding leaders opposed the draconian law, the real credit for sedition not finding a place in the Constitution goes to Sikh leader Bhupinder Singh Mann who represented East Punjab in the Constituent Assembly, made a case for upholding liberty—and appealed to them to vote against embedding sedition into the Constitution.

NEHRU’S VIEW ON THE SUBJECT

• He was not in support of the sedition law and opined that:

“Take again Section 124-A of the Indian Penal Code. Now so far as I am concerned that particular section is highly objectionable and obnoxious and it should have no place both for practical and historical reasons, if you like, in any body of laws that we might pass. The sooner we get rid of it the better.”

JUDICIAL INTERVENTIONS SINCE INDEPENDENCE:

• In 1951, the Punjab High Court ruled Section 124A to be unconstitutional. A similar ruling was passed in 1959 by the Allahabad High Court, which also concluded that it struck at the very root of free speech.
• Kedar Nath Singh v State of Bihar,1962: The Supreme Court has upheld the constitutionality of Section 124-A (sedition) on the basis that this power was required by the state to protect itself. However, it said that every citizen has a right to say or write about the government by way of criticism or comment. A citizen can criticize the government to the extent it does not incite people into violence against the government or with the intention of creating public disorder.
• Alavi vs State of Kerala,1982: The Supreme Court held that sloganeering, criticizing of Parliament or Judicial setup does not amount to sedition.
• Balwant Singh v State of Punjab,1995: The Supreme Court acquitted persons from charges of sedition for shouting slogans such as “Khalistan Zindabad”. The court held that the mere raising of slogans by two individuals alone cannot be said as sedition. Further, it is also not considered an attempt aimed to excite hatred or disaffection against the government.
• Sanskar Marathe vs The State of Maharashtra, 2015: In this case, the Bombay High Court issued certain guidelines police officials must follow before filing a sedition case against anyone. These guidelines include an objective evaluation of the seditious material. By evaluation, the police must form an opinion on whether the words and actions caused disaffection and disloyalty to the government.
• Rajat Sharma v. The Union of India Case, 2021: In this case, the court ruling said that disagreeing with the views and policies of the government will not attract the offence of sedition. So the provision of sedition cannot be invoked to quiet the disquiet (criminalizing the critics).
• More recently, sedition charges against journalists (Vinod Dua, Siddique Kappan), farmers in Sirsa (Haryana), filmmaker Ayesha Sultana (Kerala) and even Ex-UP Governor Dr Aziz Qureshi (for making remarks against the present Chief Minister) are the incidents when Court granted interim relief, giving us hope that the misuse and arbitrary application of law to silence the voice of the people will be stopped.

Understanding Kedar Nath Singh v State of Bihar Case, 1962

The Court noted that the offence occurs in the chapter of the IPC relating to offences against the state (IPC Chapter VI) —not against any individual or political dispensation. The Court then laid down the law in the following words:

“The provisions of the sections along with the explanations make it reasonably clear that the sections aim at rendering penal only such activities as would be intended, or have a tendency, to create disorder or disturbance of public peace by resort to violence… It is only when the words, written or spoken, etc, which have the pernicious tendency or intention of creating public disorder or disturbance of law and order that the law steps in to prevent such activities in the interest of public order.”

Note that the keywords are “against the state,” “violence,” and “public disorder.” Without them, the offence of sedition does not take place.

Justice A P Shah (2017), while delivering the M N Roy Memorial Lecture, explained the Kedar Nath judgment further: The Court upheld the constitutionality of sedition, but limited its application to “acts involving intention or tendency to create disorder, or disturbance of law and order, or incitement to violence.” It distinguished these acts from “very strong speech” or the use of “vigorous words” which were strongly critical of the government.

WHY THE SEDITION LAW SHOULD BE DONE AWAY WITH?

POOR IMPLEMENTATION OF COURT GUIDELINES

• Every time the sedition case was getting quashed, the Judiciary guided the law enforcement agencies regarding its application. But the law enforcement agencies are not following the guidelines in letter and spirit.

INCREASING MISUSE OF SEDITION

• Between 2016 and 2019, the number of cases filed under Section 124-A (sedition) of the Indian Penal Code (IPC) increased by 160% while the rate of conviction dropped to 3.3% in 2019 from 33.3% in 2016, according to the National Crime Records Bureau (NCRB).

RECOMMENDATION OF LAW COMMISSION

• In 2018, the Law Commission of India questioned how far it is justified to retain Section 124A. It even suggested to re-think or repealing Section 124A of the Indian Penal Code.

AGAINST INDIA’S INTERNATIONAL COMMITMENT

• In 1979, India ratified the International Covenant on Civil and Political Rights (ICCPR). It sets forth internationally recognized standards for the protection of freedom of expression. However, misuse of sedition and arbitrary slapping of charges are inconsistent with India’s international commitments.

ABOLITION OF SEDITION IN OTHER PARLIAMENTARY SYSTEMS

• The U.K. abolished the offence of sedition in 2010. Whereas, India is still retaining the law given by the British Empire. Similarly, in Australia also, following the recommendations of the Australian Law Reform Commission (ALRC) the term sedition was removed and replaced with references to ‘urging violence offences’.

OTHER LAWS

• Various Sections of IPC, National Securities Act (NSA) and Unlawful Activities Prevention Act (UAPA) have provisions that penalize “disrupting the public order” or “overthrowing the government with violence and illegal means”. These are sufficient for protecting national integrity. There is no specific need for Section 124A.

SEDITION LAW IN OTHER COUNTRIES

THE UNITED KINGDOM

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

THE UNITED STATES

• Sedition is a federal felony under the Federal Criminal Code and was most recently used against rioters involved in the January 6, 2021 attack on the Capitol.
• Despite the First Amendment that forbids any restrictions on free speech, “conspiracy to interfere directly with the operation of the government” and not just speech is considered sedition.

AUSTRALIA

• Repealed its sedition law in 2010.

SINGAPORE

• Repealed the law in 2021 citing that several new legislations can sufficiently address the actual need for sedition law without its chilling effects.

THE WAY FORWARD:

• The Union and the states need to engage in wide-ranging consultations with relevant stakeholders in the spirit of the SC judgment with a view to the eventual satisfactory resolution of this issue.
• The definition of sedition should be narrowed down, to include only the issues pertaining to the territorial integrity of India as well as the sovereignty of the country. India is the largest democracy in the world and the right to free speech and expression is an essential ingredient of democracy. The expression or thought that is not in consonance with the policy of the government of the day should not be considered sedition.
• India’s aspirations to be a world leader will get a boost if we align ourselves with the best examples of the world as most of the democratic countries around the world have either done away with the Sedition Law or diluted it.
• The government shall show some restraint in invoking such a draconian law and shall also educate the Law enforcement authorities to prevent the problem of misuse. The enforcement authorities might be trained regarding the application and non-application in cases of sedition and other criminal defamation suits. It is also imperative to rethink keeping the sedition as a cognizable offence, which gives more scope for its misuse.
• The present-day laws of the modern democratic society must reflect the needs and demands of the society as well as be strong enough to protect the liberty of the citizens. Any change/ amendment to the law shall be made by keeping the public interest at the centre and in line with the international covenants & ethos of “Argumentative Indians.” Over the past few years, the government has already repealed various colonial laws in line with the idea of “Minimum Government and Maximum Governance” but the laws such as Sedition, Blasphemy, Unlawful Assembly etc must also be given a thought to bring a real change.
• The ideals of the Arthashastra (one of the philosophical sources of the Constitution of India), shall be given a thought that the king (Prime Minister) and other machinery of the state shall be benevolent towards its citizens. However, at the same time, it should not relegate its duties of protecting the safety, security, unity and integrity of the state.

It is power and power alone which, only when exercised by the king with impartiality and in proportion to guilt either over his son or his enemy, maintains both this world and the next.

The just and victorious king administers justice in accordance with Dharma (established law), Sanstha (customary law), Nyaya (edicts, announced law) and Vyavahara (evidence, conduct).

— Arthashastra 3.1

THE CONCLUSION: The enforcement or the threat of invocation of sedition constitutes an insidious form of unauthorised self-censorship by producing a chilling effect on the exercise of one’s fundamental right to free speech and expression. That is why the law needs to be repealed. However, it is unlikely that any government will give up this power, and it is therefore left to the courts to re-examine the constitutionality of sedition. It is not enough to expect an acquittal by the courts; we need to stop the misuse of the law to silence dissent by removing the source of the power itself or at least narrowing down its expanse.

MAINS PRACTICE QUESTIONS

• “Laws that can be easily misused should be reconsidered.” Critically analyse the statement in the context of the recent Supreme Court order related to Section 124A IPC.
• Discuss how Section 124A IPC has been misused in post-independence India? Should the law be repealed, if not, suggest measures to restrict its misuse?
• Despite the attempts made by the higher judiciary to restrict the scope of sedition to an act of incitement to violence, its application by the executive narrates a story of its continued misuse. Illustrate and comment.

THE CONTEXT:In the past few months, there has been a steep increase in the number of demolitions carried out by the state using bulldozers without serving appropriate notices to the parties involved.This has generated a debate whether there is Constitutionalism and the Rule of Law in the country. This article analyzes this debate in detail while looking into the tenets behind the state-sponsored demolition drives, its impact on the psyche of the society and the future of a harmonious social fabric.

ILLUSTRATIONS OF RECENT DEMOLITION DRIVES

COMMUNAL CLASHES AFTER THE RELIGIOUS PROCESSION

• The incident was in Delhi’s Jahangirpuri, where the North Delhi Municipal Corporation (MCD) decided to demolish the houses of alleged encroachers.
• In fact, ‘anti-encroachment’ drives were seen in several locations including Shaheen Bagh which had seen communal clashes on Ram Navami in April 2022.
• In April, a similar drive was seen in Gujarat when the Himmatnagar civic body demolished kiosks, shacks and portions of shops as part of its own ‘anti-encroachment drive’.
• The administration of Gujarat’s Anand district, too, undertook such an exercise, where structures belonging to people allegedly involved in the Ram Navami clashes were razed.
• A similar drive was also undertaken in Madhya Pradesh’s Khargone, another site of communal clashes in April. Another example of a demolition drive in Madhya Pradesh took place in the Jirapur village, where 48 houses were razed after the authorities identified these houses as encroachments over government land.

PROTESTS AGAINST CUSTODIAL DEATH

• In June 2022, the Assam administration demolished houses of people who were allegedly involved in setting fire to a police station while protesting an alleged custodial death. The demolition took place in Salonabari in Assam’s Nagaon district.

PROTESTS IN THE AFTERMATH OF PROPHET REMARK ROW

• The house of an activist associated with the Welfare Party of India was demolished in Prayagraj who was allegedly involved in the violent protests that erupted in Prayagraj over the remarks on Prophet Muhammad.

JUSTIFICATIONS GIVEN BY THE GOVERNMENT FOR THE DEMOLITION DRIVES

IN CONFORMITY WITH LAWS

• The State of Uttar Pradesh has submitted before the Supreme Court that the recent demolitions carried out in Kanpur and Prayagraj were done by Local Development Authorities strictly in accordance with the Uttar Pradesh Urban Planning and Development Act, 1973.

PRIOR NOTICE GIVEN

• The state governments have submitted that prior show cause notice, demolition notice etc. for the illegal construction was given to the encroachers and also adequate opportunity was provided to them.

DEMOLITION IS A CONTINUOUS PROCESS

• The state governments have rejected any argument which tried to give such demolitions as retributive and against one particular community after the aftermath of riots and protests. The state government stated that such kinds of demolition drives are carried out from time to time against illegal constructions.

CREATING DETERRENT

• The government said that such demolition drives create the deterrence in the society against the constructions which are illegal and/or do not conform to the permissions granted for the construction.

 CONCERNS RAISED BY SUCH ACTS OF DEMOLITION

DEMOLITION UNDERMINES CONSTITUTIONALISM

• Constitutionalism is the doctrine often associated with the political theories of John Locke. It says that government powers should be legally limited and its authority or legitimacy depends on observing these limitations.
• Constitutionalism recognizes the need of limiting the concentration of power in order to protect the rights of groups and individuals. In such a system, the power of the government can be limited by the constitution – and by the provisions and regulations contained in it – but also by other measures and norms.
• The present actions taken by the state goes against the idea of limited government. The government cannot be absolute and it has to act within the constitutional boundaries. The government seems to trespass on the legal protections of the statute by taking unilateral  actions.

VIOLATES RULE OF LAW

• Dicey’s concept of Rule of law is a legal principle that law should govern a nation, as opposed to being governed by arbitrary decisions of individual government officials. It primarily refers to the influence and authority of law within society, particularly as a constraint upon behaviour, including behaviour of government officials.
• Rule of Law demands non-arbitrary action by the government and the laws shall be applied equally irrespective of religion, race, caste, sex, place of birth or any of them.
• The present actions of the state seem to be in violation of Article 14 of the Constitution of India (Equality before law) as the laws are applied arbitrarily and the appropriate opportunities were not given to defend the constructions.

VIOLATE ARTICLE 300A

• Article 300A of the Indian Constitution states that no person shall be deprived of his property save by the authority of law. It protects an individual from interference by the State and dispossesses a person of the property unless it is in accordance with the procedure established by law.
• The recent acts of demolition are prima facie seen as antithetical not only to Article 300A but to the spirit of the Constitution as a whole.

RETRIBUTIVE ACTIONS AND COLLECTIVE PUNISHMENT

• For any act done by any individual which is in contravention to the laws or against the state, the family members and/or the section of the community shall not be punished. Such punishments are against the natural law of justice. The present case of the demolition of homes and shops of alleged culprits of communal riots is also seen as a sign of retributive justice.

MUNICIPAL AND STATE LAWS RELATED TO ANTI-ENCROACHMENT DRIVES

DELHI

• Section 343 of the Delhi Municipal Corporation Act, 1957 states that notice needs to be served to the parties before the demolition of any building.
• It also states that the occupant has to be given 5-15 days before the commissioner himself orders the demolition of the structure.
• The proviso of the Section states that no order of demolition shall be made unless the person has been given, by means of a notice served in such manner as the commissioner may think fit, a reasonable opportunity of showing cause why such an order shall not be made.

MADHYA PRADESH

• As per Madhya Pradesh Bhumi Vikas Rules, 1984, the authorities are required to serve notice to the person supposedly violating said rules, which prescribe a period of ten days for the violator to stop the violation.

UTTAR PRADESH

• Section 27 of the Uttar Pradesh Urban Planning and Development Act, 1973 requires the affected person to be heard and given 15 days prior notice before proceeding with the demolition. Besides this, the Act allows a person aggrieved with the order of demolition to appeal within 30 days.

DEMOLITION DRIVES AND INTERNATIONAL LAWS

UDHR

• Article 25 of the Universal Declaration of Human Rights (UDHR) states that “everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care…”
• Article 12 of UDHR prohibits arbitrary interference in an individual’s right to property. It also stipulates that “everyone has the right to the protection of the law against such interference or attacks”.

ICCPR

• Article 17 further provides that everyone has the right to own property alone as well as in association with others and that no one shall be arbitrarily deprived of his property. Thus, arbitrary interference with an individual’s property is a gross violation of the International Covenant on Civil and Political Rights (ICCPR)

ICESCR

• Article 11.1 of the International Covenant on Economic, Social and Cultural Rights (ICESCR) recognises “the right of everyone to an adequate standard of living for himself and his family, including adequate food, clothing and housing, and to the continuous improvement of living conditions”. Under this article, countries are under an obligation to take “appropriate steps” to ensure the realisation of these rights.
• The rights recognised under ICESCR, according to Article 4, can be restricted by States only if the limitations are determined by law in a manner compatible with the nature of these rights and solely to promote society’s general welfare.

UN HUMAN RIGHTS OFFICE

• According to the UN Human Rights Office, an integral element of the right to adequate housing is ‘protection against forced evictions.
• It defines ‘forced evictions’ as ‘permanent or temporary removal against the will of individuals, families and/or communities from the homes and/or land which they occupy, without the provision of, and access to, appropriate forms of legal or other protection’.
• The right to adequate housing also entails freedom from arbitrary interference with one’s home, privacy, and family.

JURISPRUDENCE AND DEMOLITION/ENCROACHMENT

SUPREME COURT

• In a landmark judgment passed by the Supreme Court in the case of Olga Tellis vs Bombay Municipal Corporation, the top court observed that the right to life, guaranteed under Article 21 of the constitution, also includes a person’s right to live with dignity, housing and livelihood. The procedure of eviction should lean in favour of procedural safeguards which follow the natural principles of justice like giving the other side an opportunity to be heard. The right to be heard gives affected persons an opportunity to participate in the decision-making process and also provides them with a chance to express themselves with dignity.
• Another judgment was passed by the Supreme Court in 2019 in Municipal Corporation of Greater Mumbai & Ors. v M/S Sunbeam High Tech Developers Private Ltd. wherein the court held that the government authorities need to follow proper procedure for demolition.
• Most recently in the Jahangirpuri demolition drive against encroachments, the Supreme Court ordered a stay on demolition and asked the authorities to maintain a status-quo.
• In Uttar Pradesh also the court asked the government not to carry out demolition activities except in accordance with the procedure established by Law.

DELHI HIGH COURT

• The Delhi high court, in 2010, passed a judgment in Bal Kishan Das vs Municipal Corporation of Delhi wherein the court said that serving a show-cause notice to the parties is a mandatory requirement.
• The Delhi high court delivered another judgment in 2010 upholding the practice of the issuance of notice before demolition, in the case of Sudama Singh & Others vs Government of Delhi & Anr. The court had held that before the government authorities decide to evict someone from their house, they need to provide for an alternate accommodation where basic civic amenities that uphold their right to life and dignity, are available.This got crystalised in the Delhi Slum & JJ Rehabilitation and Relocation Policy, 2015.
• In Ajay Maken vs Union of India (2019), the Delhi High Court held that no authority shall carry out an eviction without conducting a survey, consulting the population that it seeks to evict and providing adequate rehabilitation for those eligible.

HIGH COURT OF MADHYA PRADESH

• In Arun Bharti vs The State Of Madhya Pradesh by the Madhya Pradesh high court.  The court had held that the necessity of compliance with the principle of natural justice of audi alteram partem (‘Let the other side be heard’) by affording a reasonable opportunity of hearing, is inherent in the provisions of Section 248 of the Madhya Pradesh Land Revenue Code, 1959.

LEGAL FRAMEWORK TO DEAL WITH DESTRUCTION OF PROPERTY

• We have one precedent where the apex court agreed to fix liability on persons accused of damaging public property. The judgment was passed by the Supreme Court in 2009 in the case Destruction of Public & Private Properties vs State of Andhra Pradesh & Ors. In the aforesaid judgment, the Supreme Court had observed that public and private property is often damaged by the invocation of political processions, illegal demonstrations, strikes, bandhs and protests in the country, and that strict legislation is required to prevent it.
• In absence of any statute in 2009, the court had passed certain guidelines in which there was also a mention of holding perpetrators liable:
• ü  “The principles of absolute liability shall apply once the nexus with the event that precipitated the damage is established… The liability will be borne by the actual perpetrators of the crime as well as organizers of the event giving rise to the liability – to be shared, as finally determined by the high court or Supreme Court, as the case may be.”
• Nowhere, however, does the judgment grant government authorities the power to demolish properties without notice. It only states that if a person is a perpetrator or one of the organizers of the crime, he will be held liable for up to twice the amount of damages liable to be paid.
• Interestingly, the aforesaid judgment has also been used by ruling party supporters to justify the Uttar Pradesh government’s actions against the attachment of property of ‘rioters’, even though the judgment does not allow the state to attach said property. The Uttar Pradesh government came up with an ordinance “The Uttar Pradesh Recovery of Damages to Public and Private Property Ordinance, 2020”which empowers the state government to constitute one or more claims tribunals to decide compensation claims for damages to any public or private property due to riots, hartals, bandhs, protests, or public processions.
• The Nariman Committee’s (formed after the Destruction of Public & Private Properties vs State Of Andhra Pradesh & Ors.) recommendations dealt with extracting damages for destruction. Accepting the recommendations, the court said the rioters would be made strictly liable for the damage, and compensation would be collected to “make good” the damage. The apex court explicitly vested the responsibility of setting up machinery to investigate the damage caused with the high court and, in case more than one state is concerned, the Supreme Court, not the government.

DEMOLITION, CONSTITUTIONALISM AND RULE OF LAW – AN ANALYSIS

The actions of state and local authorities to bulldoze shops and homes in riot-hit neighbourhoods citing “illegal encroachment” raises major legal concerns. Such actions show a disregard for the due process of law and established judicial precedents regarding evictions. It conveys the use of brute state power for collective punishment undermining the basic tenets of criminal law. This increases the trust deficit between the state and its citizens, as the state is perceived to be the perpetrator and not the protector of human rights and dignity. Prejudiced state action towards one particular community might lead to social disharmony and might aggravate communal tensions.

The Apex Court of the country has made it unambiguously clear that no authority can directly proceed with demolitions, even of illegal constructions, without providing notice and an opportunity of being heard by the occupant. The other two arms of the state shall adhere to various judicial pronouncements and constitutional provisions and shall not resort to arbitrary actions which go against the very idea of Sabka Saath, Sabka Vikas ,Sabka Vishwas and Sabka Prayas. However, the undue haste, the manner and context of the demolitions, the targeted approach to a particular community etc seems to indicate that some states have decided to make bulldozers as instrument state policy. Such an approach is nothing but absolutism and hence antithetical to Constitutionalism and rule of law.  State is a benevolent institution which must not act like private money lenders or organised gangs who act with vengeance and revenge.

THE WAY FORWARD:

• Constitutional morals shall be the guiding principles for state policies. Mere executive fiats cannot be used to take away a person’s property. While it is inherent for a sovereign state to exercise its power of eminent domain over private property, the deprivation of the property should be for a public purpose and shall be subject to judicial review.
• As the custodian of India’s constitutional order, it is high time that the judiciary acted and imposed necessary checks on the unbridled exercise of power by the executive. Courts can also refer to international covenants to counter the nationalist-populist discourse.
• The reforms in laws shall be modelled along the lines and furthering the idea of “Good Governance” as propounded by the World Bank which suggests the participative law-making in the modern liberal democratic political order.
• The Government shall not act in any way which distorts the fraternity and must ensure the dignity of the individual. The idea of punishment is reformative in nature but the present state actions are perceived as vindictive in nature. The state shall also restrain itself in affecting punitive actions and shall be just and reasonable for the greater social good.
• The state shall be even in the application of the law and must not distinguish on varied lines such as rich/poor, on a communal basis, region, etc.
• The Latin American doctrine of “an unconstitutional state of affairs” can also be given a thought.

“The unconstitutional state of affairs is a legal ruling that allows the Constitutional Court to acknowledge the failure of both the Legislative and Executive branches of government to enforce public policies against widespread and systemic violation of fundamental rights, thus justifying a judicial intervention in order to combat the structural causes of the violations and to put everything back in order with the Constitution.”

THE CONCLUSION:Any justification for a demolition drive, as a penal consequence of a criminal act is totally against established canons of criminal justice. The conduct of demolition drives, as a retaliatory measure, even with the avowed object to curb violence is a clear act of subversion of the principle of rule of law.It is imperative for the state as well as the citizens to abide by the constitutional standards and present a glaring example of the spirit of Constitutionalism.

Mains Practice Questions:

1. How far do you agree with the view that the recent demolition drives conducted by the states in India are against Constitutionalism and the Rule of Law? Justify your stand.
2. Demolition drives are not only against the law of the land but also against the international covenants on Human Rights. Argue.

THE CONTEXT:On January 12, 2022, the Union government sent out a ‘Proposal for Amendments in IAS (Cadre) Rules, 1954’, to the state governments. As per this, an IAS officer whom the Union wishes to place on deputation would “stand relieved” from their respective cadre, irrespective of the state government’s consent. These proposed amendments have created a controversy that many states have termed them anti-federal while the Centre has rejected such a claim. This write-up examines these issues in detail.

WHAT IS THE CURRENT IAS (CADRE RULES) DEALING WITH CENTRAL DEPUTATION?

RULE-6 of IAS (cadre) Rules, 1954• To ensure the service of IAS officers at the Centre, suitable provisions have been made under the IAS (Cadre) Rules, 1954.
• Central deputation in the Indian Administrative Service is covered under Rule-6 (1) of the IAS (Cadre) Rules-1954.

MANNER OF DEPUTATION UNDER RULE-6• A cadre officer may, with the concurrence of the State Governments concerned and the Central Government, be deputed for service under the Central Government or another State Government.
• In case of any disagreement, the matter shall be decided by the Central Government and the State Government or State Governments concerned shall give effect to the decision of the Central Government.

ROLE OF THE IAS OFFICER  .Rule 6(2) states that “no cadre officer shall be deputed to certain kinds of organization or body except with his/her consent.

CENTRAL DEPUTATION RESERVE• The Indian Administrative Service regulations provide for Central Deputation Reserve (CDR) not exceeding 40 per cent of the Sanctioned Duty Posts (SDP) of a cadre/joint cadre.
• The Central Deputation quota fixes the share of the Government of India out of the State cadre.

HEALTHY CONVENTIONS IN THE PAST• In the past, certain healthy conventions were generally followed. No officer was sent on central deputation against his/her own will. Every year, the States would prepare an “offer list” of officers who had opted for central deputation without arbitrarily withholding any names.
• The Centre would choose officers only from among those “on offer” from the States. The States would relieve the officers picked up by the Centre at the earliest.

UNDERSTANDING THE PROPOSED IAS CADRE (AMENDMENT) RULES, 2022

WHAT IS THE AMENDMENT?

• The proposal amends Rule 6 of the 1954 Rules.
• It says that in case of any disagreement, the matter shall be decided by the Centre and the State Government or State Governments concerned shall give effect to the decision of the Central Government as the case earlier but adds:within a specified time.
• If the State government delays posting a State cadre officer to the Centre and does not give effect to the Central government’s decision within the specified time, “the officer shall stand relieved from cadre from the date as specified by the Central government”.
• In specific situations (national security, major disasters, domain expertise) where the services of cadre officers are required by the Central government in “public interest”, the State shall give effect to its decisions within a specified time.
• Additionally, from now on, the centre itself would decide the number of officers required to be deputed and the states would have to ensure this number.

WHY THE AMENDMENT?

• As per the Union, various state/joint cadres are not sponsoring an adequate number of officers for central deputation, as part of the Central Deputation Reserve (CDR).

• As a result of this, the number of officers available for central deputation is not sufficient to meet the requirement at the Centre.
• The number of IAS officers on CDR has gone down from 309 in 2011 to 223 as of date.
• The number of such officers on central deputation has gone down from 117 to 114 during the period in spite of an increase in the number of IAS officers at the deputy secretary/director level from 621 in 2014 to 1,130 in 2021.
• Only 10% of mid-level IAS officers were posted with the Union government in 2021, a sharp fall from 19% in 2014.

WHAT HAS BEEN THE RESPONSE OF THE STATES REGARDING THE PROPOSALS?

MAJOR OPPOSITION• The proposed changes in the rules have been opposed by eight states as per the RTI reply by the Union government.
• As expected, states ruled by the ruling party at the Centre have responded positively while others took strong objections to the proposed amendments.

CONTRARY TO COOPERATIVE FEDERALISM• The problem with the proposed amendments is that they would hamper the existing fabric of cooperative federalism.
• The state governments would be under compulsion to send officers on deputations against the wishes of the officers themselves.
• The existing deputation rules are already tilted towards the centre, such amendments would only introduce further stringency in cadre deputation.

PROBLEM OF ADMINISTRATIVE ANARCHY• Based on experiences in the recent past, State governments have a justified apprehension that this proviso may be misused for political considerations.
• States say, what if the Centre unilaterally places at its disposal the services of the Chief Secretary, Principal Secretary to the Chief Minister and other key officers of a State ruled by a rival party or deputes them to other States.
• This will create administrative anarchy in states.

POOR STATE CONTROL OVER BUREAUCRACY• The proposed amendments to the IAS (Cadre) Rules would allow the Union government larger control over the deputation of IAS officials vis a vis the states.
• This will in turn reduce the control over the personnel management practices of IAS officers by the state government.
• If the proposed amendments come into effect, then the state governments lose their autonomy as they would have to make a said number of AIS officers available for deputation as would be prescribed under the Central Deputation Reserve (CDR).
• The lack of effective government control over the bureaucracy is antithetical to the democratic form of government.

REDUCED INDEPENDENCE, SECURITY, AND THE OVERALL MORALE• The amended rules may put officials posted in states in a dilemma while discharging their duties, and this may lead to a situation of instability.
• The Officers career growth prospects may suffer due to the Centre-State tussle. It may also undermine the principle of political neutrality of the civil services.

LONG TERM DAMAGES• If States begin to doubt the loyalty of IAS officers, they are likely to reduce the number of IAS cadre posts and also their annual intake of IAS officers.
• They may prefer officers of the State Civil Services to handle as many posts as possible.
• In course of time, the IAS will lose its sheen, and the best and the brightest candidates will no longer opt for the IAS as a career. Short-sighted decisions can do long-term damage to the polity.

REASONS FOR THE FALL IN THE NUMBER OF OFFICERS FOR CENTRAL DEPUTATION

POLITICAL CONFLICTS BETWEEN THE CENTRE AND THE STATES• Both the Centre and the States have at times flouted the healthy conventions in deputation for political considerations.
• In July 2001, the Centre unilaterally “placed at its disposal” the services of three IPS officers of the Tamil Nadu cadre.
• In December 2020, the Centre did the same in respect of three IPS officers of the West Bengal cadre.
• In May 2021, the Centre unilaterally issued orders for the central deputation of the Chief Secretary of West Bengal just before his last day in service.
• In all these cases, the States concerned refused to relieve the officers.

QUESTIONABLE ROLE OF STATES• Some States used to vindictively withhold the names of some of the officers who had opted for central deputation or delayed their relief after they were picked up by the Centre.
• An example was that of a senior IPS officer who was not allowed to join the Central Bureau of Investigation despite earlier clearance and was suspended by the Government of Tamil Nadu in May 2014 when she relieved herself from the State pursuant to the Centre’s direction.
• States are also not sponsoring enough officers which also is another reason as recently indicated by reports related to Andhra Pradesh.

STRUCTURAL PROBLEMS• Poor working conditions in junior-level posts, an opaque and arbitrary system of empanelment for senior-level posts, and lack of security of tenure at all levels also are reasons for the shortage of IAS officers.

PERSONAL CHOICE OF OFFICERS• Many are not opting for Central deputation because they also see better career growth in the State.
• There is also a sense of uncertainty regarding how many actually make it to the top ranks at the Centre and who will be unceremoniously repatriated if they don’t find a way with the political setup.

HOW DOES THIS MOVE ADD ANOTHER ATTEMPT TOWARDS CENTRALISATION OF POLITY?

There has been a tendency towards increasing the unitisation of Indian polity recently. It is held that the Union government has been encroaching upon the legislative, policy, and administrative domains of the states. Many states have argued that this centralizing approach has disturbed the federal nature of Indian governance and is making states “glorified municipalities”! They provide a few examples of this alleged encroachment which are briefly discussed below:

FARM LAWS•Agriculture, Agri trade and market, etc are state subjects. But the union brought crucial laws through the colourable exercise of power.(Repealed later)

NATIONAL EDUCATION POLICY • States have not been consulted at all in its formulation and the governance structure proposed has no role for states.

15TH FINANCE COMMISSION•The terms of reference to the commission like whether revenue deficit grants are to be provided to states, making grants conditional on implementing the pet schemes of the centre, etc have been criticized by states.

GST COMPENSATION•States argue that despite the pandemic hitting their revenue badly, the centre has not fulfilled the commitment to compensate the states under GST.

ELECTRICITY ACT•The act mandated states to privatize their DISCOMs, remove subsidies and provide for DBT and Vest the tariff deciding power with a central body etc

NATIONAL INVESTIGATION AGENCY ACT•The NIA act has been challenged by the Chhattisgarh government in the SC alleging that the act encroaches into the “policing” function. Police is an exclusive state subject and the NIA exercising the power of a police force is contrary to the federal division of subjects in Schedule 7.

DOWNGRADING A STATE INTO A UT•After the repeal of Art 370 and 35A, through the Jammu Kashmir reorganization act, the state of J&K has been downgraded into a UT.

MISUSE OF INVESTIGATIVE AGENCIES•The Enforcement Directorate, Narcotics Control Bureau, the CBI and the Income Tax dept etc. have been more enthusiastic to go after the opposition-ruled states and their prominent functionaries.

ROLE OF GOVERNORS•Self-Explanatory.

WHAT SHOULD BE THE WAY FORWARD?

EXPANDING THE POOL OF INTAKE• With the Government of India itself enthusiastically promoting lateral entry to posts in the Centre and providing an increased share of central deputation posts to the central services, there is no need to push unwilling IAS officers on central deputation.

STREAMLINING CENTRAL STAFFING SCHEME• Officers of the level of deputy secretary/director and above are usually appointed in central government ministries/departments (i.e. on central deputation) under the Central Staffing Scheme (CSS).
• The CSS needs to be streamlined with timely cadre review, selection and appointment and timely repatriation etc.

COOPERATIVE FEDERALISM• Non-availability of a sufficient number of officers at the Centre is affecting the functioning of the Central government since New Delhi needs the services of these officers to obtain fresh inputs in policy formulation and programme implementation. Similarly, states also benefit from the policy-level exposure of the officers which can improve state-level governance
• Thus, better consultation and coordination between the Union and states are needed for ensuring a win-win situation for both.

GREATER DECENTRALISATION• There should be greater decentralisation within the elected organs of the state, like the Panchayati Raj system. Greater control should be bestowed on people themselves.
• More decentralization must be accompanied by restructuring and rationalizing the government machinery at the Centre and states and giving control to local governments.

INTROSPECTION BY THE CENTRE• The centre should introspect and find out the reasons for the perceptible decline, over a couple of the last few years, in the number of officers opting to go on Central Deputation.
• The empanelment process based on 360n degree appraisal is one such issue that needs reforms.

DE CADRE POSTS• Many posts are manned by IAS and other AIS officers are strictly not cadred posts.
• So, such officers need to be relieved which will free up these officers for deputation.

THE CONCLUSION: As per the union government, a final view on the proposed amendment has not been taken. It is in the interest of the union, states and the officers to have wider consultation before finalizing the changes. Also, the larger issues related to cadre management, personal administration, centre-state relations and autonomy of civil services need to be addressed as a priority.
Questions:
1. The proposed IAS cadre(amendment) rules, 2022 addresses the problem of shortage of officers in the ministries and departments of the union government. Examine.
2. How far do you think the proposed IAS cadre(amendment) rules, 2022 is another instance centralization of Indian polity?
3. Political control of administration is the necessary concomitant of democratic accountability. Analyze the statement in the context of the proposed IAS cadre(amendment) rules, 2022.
4. Although the All India Services are the manifestations of the unitary features of Indian polity, their management should be governed by federal principles. Elucidate.

THE CONTEXT:In 2022, India has renewed its interest in free trade agreements (FTAs) with several economies, including the UAE, the United Kingdom and Australia. Several negotiations are going on with other countries. This shows a renewed focus on FTAs by India that was stalled for years. However, there is a view that a dichotomy exists between the FTA push and the actual trade policy of India, leading to poor implementations and outcomes of FTAs. This article examines this debate in detail.

SOME IMPORTANT FACTS ABOUT INDIAN FTAs

FTA SCEPTICISM

• During the period from 2004 to 2011, India has signed, ratified, and enforced 11 preferential and free trade agreements, but it has not signed even a single trade agreement after that till 2022.

FTA MOMENTUM

• So far, India has signed 13 Free Trade Agreements (FTAs) with its trading partners, including the 3 agreements signed in 2022, namely:

• • • India-Mauritius Comprehensive Economic Cooperation and Partnership Agreement (CECPA),
    • India-UAE Comprehensive Partnership Agreement (CEPA),
    • India-Australia Economic Cooperation and Trade Agreement (IndAusECTA).

ONGOING FTA NEGOTIATIONS

• • India is also aiming to reach out to the United Kingdom, the European Union, Canada, Israel, and the Eurasian Economic Union to negotiate similar trade agreements.
  • India is also scheduled to complete trade agreements with Israel and the United Kingdom by the end of 2022.
  • The Indian government is renegotiating existing free trade agreements with the ASEAN, Japan, and South Korea to resolve provisions linked to anomalies and asymmetries that have contributed to the country’s persistent trade deficit.

RATIONALE FOR NEWFOUND FTA MOMENTUM

CHANGING NATURE OF GLOBAL SUPPLY CHAIN VIS A VIS CHINA

• Developed countries, including the United States (US), the United Kingdom (UK), Europe, Australia, and Canada, are addressing supply-chain vulnerabilities and seeking strategies to lessen their reliance on China.
• This opens the door for India to establish itself as a viable alternative supplier of commodities and profit from this trend.
• This necessitates a greater economic and trade interaction with these established economies through bilateral and multilateral trade agreements in order to offer business possibilities for Indian companies.

ECONOMIC AND STRATEGIC STANDPOINT

• India is not a member of either the Regional Comprehensive Economic Partnership Agreement (RCEP) or the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP).
• There are also concerns about market access being eroded as a result of the cumulative impact of mega-trade agreements.
• The propensity to redirect value chains’ geography can displace Indian enterprises from established production networks.

BUYONT EXPORTS AND GLOBAL VALUE CHAIN DISRUPTIONS

• The country’s strong export performance moulds India’s increased interest in FTAs in 2021.
• A rapid increase in India’s exports has prompted authorities to believe that the country requires free trade agreements to maintain its current export pace.
• Furthermore, the global supply chain disruption caused by the Ukraine–Russia war, as well as the economic crisis in Sri Lanka, have opened up new export prospects for India in specialized industries such as agriculture and textiles.

 DICHOTOMY BETWEEN FTAs AND TRADE POLICY

• An FTA’s foundation is an open and liberal trade policy, with FTA parties being able to reciprocate market access. This boosts bilateral trade and investment flows while also fostering stronger economic and strategic ties. For this reciprocal relationship to work, greater coherence between FTA strategy and trade policy is required. India’s newfound excitement for free trade agreements appears to be at odds with the country’s trade policy under the Self-Reliant India project, which is based on “vocal for local,” favouring domestically made items above imported ones. This is because of the tariff policy regime, the Customs (Administration of Rules of Origin under Trade Agreements) Rules (CAROTAR), 2020 for regulating imports under FTAs, and greater importance to geo-strategic interest vis-à-vis trade. Let us examine these in some detail.

TARIFF POLICY REGIME

• India has the highest average tariff of 15% in the Asia–Pacific region.
• According to the World Trade Organization (WTO) tariff profile, average import tariffs have climbed from 13.5 per cent in 2016 to 15 per cent in 2020.
• The Government of India has imposed import licencing requirements as well as a blanket ban on several products.
• Import restrictions on light-emitting diode (LED)/television and 101 defence products have been imposed.
• Aside from import tariffs, the Government of India has implemented a number of non-tariff barriers (NTBs), such as quality control orders and an import monitoring system (for example, a steel import monitoring system).

RULES OF ORIGIN

• The main objective of these rules is to restrict the potential misuse of preferential tariffs by third countries under India’s trade agreements.
•  The introduction of CAROTAR is primarily aimed to regulate the entry of third-country goods through its FTA partners.
• Under these rules, the customs officers can grant or deny the benefits of preferential tariffs to the importers if they have reason to believe that the import violates rules of origin requirements.
• Customs officers’ whims and fancies could impact the outcome, negating the potential benefits of preferential tariffs under an already negotiated and mutually approved FTA.
• Furthermore, over-reliance on customs officers’ judgement capacity may lead to a rise in rent-seeking among bureaucrats, undermining the importance of existing and future free trade agreements.
• Also, the failure to obtain the required information, which is quite cumbersome and exhaustive for compliance with RoR, may deprive the importing firm of availing of the preferential benefits, thus increasing the cost of imported products.
• It effectively undermines the market access of FTA partners negotiated under a trade agreement, thereby making its exports uncompetitive.

GEO-STRATEGIC INTERESTS

• India’s bilateral trade pacts with the UAE and Australia have strong geo-strategic and geopolitical elements, given the fact that both FTA partners are members of the two Quadrilateral Security Dialogues (QUAD).
• But, the depth and breadth of these two agreements, in terms of coverage and substantive provisions, are more or less in line with ­India’s trade agreements with Japan and South Korea.
• The AI-ECTA is an ­interim agreement and far away from its original ambition of a CEPA, which will include important areas of negotiations such as digital trade, agriculture, government procurement, etc.
• The AI-ECTA requires the ratification of the Australian Parliament, which was recently dissolved and this means that even the interim arrangement is not enforceable.
• Thus, it is held that these trade agreements, especially the one with Australia, have more strategic undertones than trade per se.(Both the countries have a raging conflictual relationship with China).

DEFENDING THE DICHOTOMY-IMPERATIVE OF DOMESTIC CHALLENGES

It is true that there seems to be a dichotomy in the approach to FTAs and India’s trade policy. But this must be seen in the context of India’s domestic environment and the challenges it poses. For instance, the Bharatiya Kisan Union, India’s largest farmers’ organization, has already threatened to resist the proposed FTA with Australia. Protests like these were one of the primary domestic roadblocks to India’s participation in the RCEP. Automobile makers and wine producers in India want to fight the FTAs with Australia and the United Kingdom aggressively. The Swadeshi Jagran Manch shares similar goals. The RSS has repeatedly warned the government about the negative effects of free trade agreements and advised it to avoid any such agreements. The agricultural sector will resist an FTA with Australia, while the manufacturing sector will spearhead protests against the UK–India FTA. On a strategic front, trade relations are one component of the larger strategic framework and many times such agreements are able to send out geopolitical messages to the relevant countries. And the concept of ” Early Harvest Deals” helps to achieve strategic goals along with trade, although it may be in a relatively sub-optimal way.

THE WAY FORWARD

FAST TRACK THE NEW FOREIGN TRADE POLICY

• The announcement of India’s foreign trade policy (FTP) has been lingering on for almost two years. The existing one has been kept extended by the Ministry, which was meant for 2015-2020.
• It is one of the most important policy documents that sets the long-term direction for exports and provides clarity regarding various policies and incentives to the Indian trade community.
• Thus, India needs to fast-track the announcement of a new FTP.

REVISITING THE CAROTAR RULES

• These rules either need to be amended or withdrawn to make sure that India’s trade policy is in consonance with its external trade engagement.
•  Otherwise, the lack of synergy between trade policy and FTA strategy not only weakens India’s negotiating capacity but also undermines the potential economic benefits of free trade

COMPREHENSIVE TRADE PACTS

• ­India’s trade pacts with the western and eastern QUAD members (the UAE and Australia) are driven by geostrategic int­erest rather than trade.
• India’s trade pacts with the UAE in general, and Australia in particular, are not comprehensive in terms of their coverage, scope, and depth.
• This is not a promising proposition and hence requires significant changes in approach to FTAs in the context of strategic objectives.

CONSENSUS BUILDING ON FTAs

• Domestic challenges need to be overcome through wide-ranging building consensus by holding stakeholder consultations in a meaningful manner.

THE CONCLUSION: Lockdowns devastated manufacturing factories and global supply systems as the COVID-19 pandemic spread throughout the world. Companies began to consider relocation possibilities for their production sites, and economies began to recognize the value of integration. India was no different. This has set in motion a slew of signing of FTAs with various countries by India. However, it is necessary to address the issues that can undermine the potential of the FTAs, and free trade should not become a casualty under long-term strategic goals.

Questions to Ponder

1. How far do you agree with the view that there exists a dichotomy between India’s trade policy and its approach toward Free Trade Agreements? Explain.
2. The general structure of India’s tariff policy displays an inward focus and is incompatible with the country’s FTA strategy, which strives to improve reciprocal market access. Discuss
3. India’s recalibrated approach towards FTAs is full of ambivalence and reflects inconsistencies with its trade-policy stance under the Self-reliant India initiative that underpins the importance of domestically produced goods over imported ones. Comment.
4. ” India’s newly found momentum for concluding a series of FTAs has less to do with trade but has more to do with geo-strategic interests”. Critically Examine.

THE CONTEXT: The RBI and government of India took several measures after retail Inflation hit 7.8 per cent in April and the wholesale prices crossed 15 per cent reflecting the input cost pressures. Retail Inflation has been trending above the Reserve Bank’s upper tolerance level of 6 per cent for the past three months. The rising food and fuel prices have made the situation worse in the wake of the Russia-Ukraine war. The Increases in the prices of imported fuels, materials, and components increase domestic costs of production and lead to increases in the prices of domestically produced goods. Thus the Inflation is mostly imported in nature. This article explains in detail about approach and steps taken by RBI and the government of India.

THE BACKGROUND

• The main driver of the surge in the consumer price index (CPI) was the increase in food prices, which rose from 0.7% in September 2021 to 8.4% in April 2022. Among food products, the highest increase was in edible oil and fats (17.3%) in April 2022. This was mainly fuelled by the rise in international edible oil prices after the disruption of trade following the war and the ban on oil exports by Indonesia.
• The prices of services continue to accelerate even after the containment of the pandemic. For instance, the prices of goods and services consumed by households have shot up from 1.9% in April 2021 to 8% now. And the price increases of recreation and health services have moved up above 7%, while that of personal care is above 8%, and that of transport and communication above 10%. All these belie the claim that supply-side bottlenecks are the main reason for the rising prices.

MEASURES TAKEN BY RBI AND THE GOVERNMENT OF INDIA

STEPS TAKEN BY RBI TO CONTROL INFLATION

• The Reserve Bank of India called an off-cycle policy meeting and increased the cash reserve ratio by 50 basis points to 4.5% and the repo rate by 40 basis points to 4.4%, the first-rate hike after August 2018.

STEPS TAKEN BY THE GOVERNMENT OF INDIA TO CONTROL INFLATION

1. The government announced an excise tax cut of Rs 8 per litre on petrol and Rs 6 per litre on diesel. The government will bear a shortfall of Rs 1 lakh crore due to the excise duty cut on petrol and diesel.
2. Taking a cue from Centre. Three states – Kerala, Rajasthan and Maharashtra – also announced a reduction in state taxes. The reduction in pump prices of petrol and diesel will bring down the logistics cost for the industry.
3. The government also reduced the import duty on key raw materials and inputs for the steel and plastic industry.
4. The government has levied export duty on some steel products and raised it on iron ore and concentrates. Together with the import duty cut, the price of steel will come down.
5. During the current and next financial year, the government has permitted duty-free imports of 20 lakh tonnes of crude soybean and crude sunflower oil.
6. Under the Ujjwala Yojana, the government has also granted a Rs 200 per cylinder subsidy. This will benefit around nine crore beneficiaries.
7. The government set a limit of 100 lakh tonnes on sugar exports to ensure that there is adequate stock when the sugar season begins in October to cover three months’ worth of consumption.
8. The Centre has also regulated sugar exports to maintain adequate stocks in the country. From June 1, only 10 million tonnes of sugar can be exported in the current marketing year, which ends in September.
9. India slapped a ban on wheat exports to maintain food security and cool prices.
10. Over and above Rs 1 lakh crore budgeted for the current fiscal, the government will provide an additional fertilizer subsidy of Rs 1.1 lakh crore to farmers.

WHAT IS INFLATION TARGETING?

• Inflation can be majorly caused due to two reasons. One is the Demand-Pull Inflation, and the other is the cost-push Inflation on the supply side.
• In the case of demand-pull Inflation, all the control measures revolve around reducing the demand, and this can be done by either reducing the money supply or increasing prices by taxation.
• In the case of cost-push Inflation, the control measures revolve around increasing the supply to meet the demand in the market and reducing the prices by providing subsidies and technological expertise.
• In all cases, the inflation control measures can be divided into Monetary Measures, Fiscal Measures, and Price controls.

MONETARY MEASURES:

• Monetary policy refers to the central bank’s approach to managing the money supply and interest rates through the use of monetary policy instruments under its control.
• The Reserve Bank of India (RBI) Act, 1934, was amended in May 2016 to provide a legal foundation for the implementation of the flexible inflation-targeting framework.
• The primary goal of monetary policy is to keep prices stable (keeping Inflation within the target band of 2 per cent to 6 per cent).

FISCAL MEASURES:

• Fiscal policy is the policy by which a country’s government controls the flow of tax revenues and public expenditures in order to navigate the economy.
• For example, during a slowdown, the government may decide to spend more on infrastructure projects and other initiatives in order to stimulate the economy. To increase revenue, the government may raise taxes on the wealthy.
• To combat/control inflation, the government employs a variety of fiscal policy measures.

PUBLIC EXPENDITURE:

• It is the amount of money spent by the country’s government. For example, the government constructs public infrastructure such as roads, railways, and housing.
• It is an important tool in the fight against Inflation.
• When Inflation is high, the government reduces government spending. A decrease in public spending has an impact on private investment, resulting in a decrease in aggregate demand.
• For example, during periods of high Inflation, the government reduces its spending on rural infrastructure expansion. It will result in a decrease in demand in rural areas.
• Similarly, in the event of deflation, the government increases public spending in order to boost private investment and aggregate demand.

TAXATION:

• Taxation policy can be used to encourage or discourage household consumption and private investment by raising or lowering the personal income tax, corporate tax, or indirect tax (Such as GST)
• In the event of high Inflation, the government may raise personal or corporate taxes in order to reduce household expenditure/private investment. Increased taxation means that people have less money to spend (and private players for investment). This would result in a decrease in aggregate demand and aid in the containment of rising Inflation.
• Similarly, in the event of deflation, the government lowers tax rates in order to stimulate household and private consumption, resulting in an increase in aggregate demand.
• Conclusion:Inflation in a regulated manner is good for the growth of the country. However, if it’s not under control, then it will spiral, cause hyperinflation, and lead the economy into a vicious cycle. Therefore necessary measures are designed both by the central bank and the government to keep it in check.

ADMINISTRATIVE MEASURES

• In addition to monetary and fiscal instruments, the government can use other measures to maintain price stability and control inflationary price rises in the economy. Other measures include direct price controls, restrictions on speculation and hoarding, the use of buffer stocks, a ban on exports, and imports to supplement domestic supply, and a prohibition on commodity futures trading.

PRICE CONTROL THROUGH DIRECT ACTION

• Under the Essential Commodity Act of 1955, the government can declare a commodity to be an essential commodity in order to ensure that it is available to the public at reasonable prices. The Drug Price Control Order (DPCO) aims to keep pharmaceutical prices under control.

EXAMINE SPECULATION AND HOARDING

• The Act to Prevent Black Marketing and Maintain Supplies of Essential Commodities, 1980 – This act authorizes the central government or a state government to detain individuals who engage in activities such as hoarding, creating artificial scarcity of essential commodities in the market, and price rigging.

POLICY ON BUFFER STOCKS

• The Government of India has maintained buffer stocks of food grains to cover any unanticipated situation. Food Corporation of India is in charge of purchasing, storing, moving, transporting, distributing, and selling food grains and other food items.

BAN ON EXPORTS

• The Government of India imposes a Minimum Export Price (MIP) to discourage commodity exports and ensure their availability in domestic markets.

BAN ON COMMODITY FUTURES TRADING

• Commodities (e.g., the government prohibited future trading in chana, etc.).

To reduce speculation-driven price increases, governments frequently prohibit future trading in

THE WAY FORWARD

• Focus on supply of agricultural goods: The implication for the policymaker that Inflation is driven by agricultural goods prices, as is the case in India presently, is that the focus should be on increasing the supply of these goods.
• Growing per capita income in India has shifted the average consumption basket towards foods rich in minerals, such as fruits and vegetables, and protein, such as milk and meat.
• The government should reduce unnecessary expenditure on non-development activities in order to curb Inflation. This will also put a check on private expenditure, which is dependent upon government demand for goods and services. But it is not easy to cut government expenditure. Though this measure is always welcome, it becomes difficult to distinguish between essential and non-essential expenditure. Therefore, this measure should be supplemented by taxation.
• An important measure is to adopt the anti-inflationary budgetary policy. For this purpose, the government should give up deficit financing and instead have surplus budgets. It means collecting more in revenues and spending less.
• Another important measure is to adopt a rational wage and income policy. Under hyperinflation, there is a wage-price spiral. To control this, the government should freeze wages, incomes, profits, dividends, bonus, etc.

THE CONCLUSION: Inflation in a regulated manner is good for the growth of the country. However, if it’s not under control, then it will spiral, cause hyperinflation, and lead the economy into a vicious cycle. Therefore, necessary measures are designed both by the central bank and the government to keep it in check.

VALUE ADDITION

Monetary policy:

• Monetary policy refers to the central bank’s approach to managing the money supply and interest rates through the use of monetary policy instruments under its control.
• In India, the monetary policy of the Reserve Bank of India is aimed at managing the quantity of money in order to meet the requirements of different sectors of the economy and to increase the pace of economic growth.
• The RBI implements the monetary policy through open market operations, bank rate policy, reserve system, credit control policy, moral persuasion and many other instruments.
• The Reserve Bank of India (RBI) Act, 1934, was amended in May 2016 to provide a legal foundation for the implementation of the flexible inflation-targeting framework.
• The primary goal of monetary policy is to keep prices stable (keeping Inflation within the target band of 2 per cent to 6 per cent).

Monetary policy committee:

• The Monetary Policy Committee (MPC) is the committee set up by the Union government to set the policy interest rates as a part of its monetary policy. It is headed by the Governor of the Reserve Bank of India (RBI). The Monetary Policy Committee decisions will impact the money supply and liquidity in the economy.
• The monetary policy Committee is concerned with setting policy rates and other monetary policy decisions in order to achieve:

1. Price stability
2. Accelerating the growth of the economy
3. Exchange rate stabilization
4. Balancing savings and investment
5. Generating employment
6. Financial stability

• In order to maintain price stability, Inflation must be kept under control.
• Every five years, the Indian government sets an inflation target. The Reserve Bank of India (RBI) plays an important role in the consultation process for inflation targeting. The current inflation-targeting framework in India is flexible, with a target of 4% with a band of +/-2%.

QUESTIONS FOR MAIN EXAMINATION

1. Explain the role played by the Central bank and Government of India in curbing the Inflation? Also, suggest some measures to deal with Inflation in the present scenario.
2. ”Inflation in a regulated manner is good for the growth of the country. If it’s not under control, then it will spiral, cause hyperinflation, and lead the economy to a vicious cycle.’’ Elucidate.