Recently, 15th Finance Commission report has provided many recommendations for improving the functioning of Local Bodies. The challenges faced by local bodies in India are manyfolds and there is no one-stop solution to them.

Approach of previous Finance Commissions with respect to Local Bodies:

So far four Finance Commissions (11th FC to 14th FC) have given their recommendations for local bodies. Overall they provided for,

First, the increase in quantum of Funds: In recent years, the grants recommended by successive Finance Commissions in absolute terms have increased. For example, the combined grants for rural and urban local bodies recommended by the 14th FC were three times the amount recommended by the 13th FC.

Second, different Commissions followed distinct criteria while recommending resources for local governments. The only common criteria considered by all of them were population and geographical area.

Recommendations of Fifteenth Finance Commission:

First, the 15th FC suggested strict adherence to its recommendation for the constitution of State Finance Commissions(SFCs).

• It recommends “All States must constitute SFCs and also act upon their recommendations”.
• States also need to place the action taken report before the State legislature on or before March 2024.
• No grants should be released to the States that have not constituted SFC.
• MoPR(Ministry of Panchayati Raj) will certify the compliance of the State in this respect before the release of their share of grants.

Second, with respect to the Grants to Local Governments, the commission earmarked 60 per cent of funds for national priorities. These priorities include drinking water supply, rainwater harvesting and sanitation etc. The other recommendations include,

• The report favours a fixed amount rather than a proportion of the divisible pool of taxes. This is to ensure greater predictability of the quantum and timing of fund flow
• The report provides entry-level condition to local bodies to avail grants. These conditions will include online availability of both provisional accounts of the previous year and audited accounts of the year before that.

Third, the report calls for the Integration of the Financial Management Systems for transparency in the audit and functioning of local bodies.

Fourth, the report recognises Urbanisation as the Engine of Growth. It mentions few important recommendations like,

• Establishment of Million-Plus Cities Challenge Fund for cities having million-plus population. The devolution of the fund will be linked to the performance of these cities in improving their air quality and meeting the service level benchmarks for urban drinking water supply, sanitation, and solid waste management, etc.
• It also mentions that informal burning, as well as spontaneous combustion at landfills in Urban areas, should be monitored carefully.
• The report calls for basic grants for urban local bodies in the non-Million-Plus cities category.
• The report also asks for allocating grants on the basis of population for the Cantonment Boards falling within the State’s territory.

Fifth, the 15th FC’s other recommendations include:

• Involving Panchayati Raj Institutions as supervising agencies in primary health care institutions. The Commission believes, it would strengthen the overall primary health care system.
• The commission provided for a performance-based challenge fund of Rs. 8,000 crore to States for incubation of new cities.
• The commission recommends an amendment to the Constitution to revise the professions tax.

Various challenges faced by the local bodies:

Challenges with respect to functions:

First,  there is an Excessive control of State government in the functions of PRIs. For example, state government approval is needed in project finalization, Local bodies Budget, Loan requirement, etc. States, instead of guiding PRIs, are restricting the functions of local bodies.

Second, local bodies lack adequate data on essential services and cannot involve in Urban and Rural planning. Though data on Census is available, it consists of data of previous years and not the current data. For example, they do not have data on local traffic, urban sewage, migration of people, etc.

Challenges with respect to funding:
First, Article 243-I of the Constitution requires SFCs(State Finance Commission) to be appointed at the ‘expiration of every fifth year’. Several States have still not moved beyond the second or third SFC. Even if formed they face challenges like inadequate resources, poor administrative support and the delayed placement of action taken reports(ATR), etc.

Second, the tax base of Urban and Rural local bodies is very narrow. For example, Urban Local bodies cannot levy a profession tax of more than 2500. They also have a problem in levying entertainment taxes and property taxes.

Third, the Majority of the local bodies do not have access to the Capital market to raise required funds except few Urban local Bodies such as Pune, Chennai, etc

Challenges with respect to the Functionaries:
Role of women elected members. There are many instances where, in the name of elected women representative their husband operates and takes the decision on her behalf. This undermines the agenda to empower women by providing 33% reservation to them.

Suggestions with respect to functions:
First, the Second ARC has recommended a special problem-solving body to resolve the issue of disqualification of elected members. It also suggested an unbiased approval of Local body budgets, projects, etc. State governments need to implement this.

Second, State Governments should provide local bodies with the power to recruit personnel to fulfil their functions properly. Apart from that the State governments also have to allow the local bodies to collect the local data for future use and preliminary planning.

Suggestions with respect to funding:

First, States should implement 15th FC  recommendation to appoint SFCs or else grants released to the respective State can be halted.

Second, the power to levy taxes on the Union and State Government properties can be provided to local governments. Apart from that, they should be empowered to levy taxes on wealthy people in their locality, impose water cess, irrigation cess etc. For example, a case study in Karnataka has proved that the levy of water cess is a feasible alternative for local bodies.

Third, separate grants may be allocated to local bodies for creating public health infrastructure and primary health care clinics.

Suggestions with respect to the functionaries:

To improve the performance of functionaries, the timely election is the need of the hour. Apart from that, the State can encourage Public-Private Partnerships. It will improve the skills of elected local representatives with market expertise and modern methods.

The state government can form strict guidelines for the active involvement of elected women representatives in all spheres of the functioning of local bodies.

Apart from implementing the recommendations of the 15th FC, the voluntary contribution of States is also the need of the hour. The States have to understand that empowerment of local bodies is needed to find solutions to the number of issues faced by them like enhancing tax base, providing adequate primary health and education services, etc.

Recently, The Finance Minister announced the “Vehicle Scrapping Policy” in her Budget speech. The policy will phase out older, inefficient and polluting vehicles. Apart from that, the policy will also promote the use of more environment-friendly vehicles and reduce the oil import bill. But it is not an easy task and has a few challenges associated with it.

What is the proposed Vehicle Scrappage Policy?

The Ministry of Road and Transport is yet to announce the proper guidelines. But according to the Budget speech, the important provisions of the scrappage policy will include the following features. Such as

• • The private vehicles older than 20 years and commercial vehicles older than 15 years, can be scrapped voluntarily. To run these vehicles on the road, a fitness certificate (FC) will be mandatory.
  • Automated vehicle fitness centres belong to the government will issue certificates after conducting fitness tests.
  • Each fitness certificate is valid for five years. After that, the vehicle will undergo another fitness test. Those having this certificate will not need to pay any registration fee while buying a new vehicle. The certificate is tradable, which means it can be used by anyone and not necessarily by the owner of the scrapped vehicle.
  • If a vehicle fails the fitness test, the government will not provide renewed Registration Certificates (RC) for those vehicles. As per the Motor Vehicle Act, 1988, driving a vehicle without an RC is illegal in India.
  • Each vehicle is permitted to have three failures in the fitness test. After that, the vehicle might be forwarded to vehicle scrapping.
  • The government is expected to provide monetary incentives to the owners scrapping the vehicles.

Each fitness test will approximately cost Rs 40,000. If the vehicle passed the fitness test, the owner of the vehicle has to pay road tax, and a possible “Green Tax” (Tax levied on goods that cause environmental pollution).

The total cost involved in pursuing a Fitness test and paying “Green tax” will act as a deterrent to have older vehicles. This will further facilitate voluntary Scrapping of the old vehicle and buying a newer one.

Read more about the proposed Green tax

Need for such Vehicle Scrappage Policy:

First, According to the Centre for Science and Environment (CSE), by 2025 India will have over two crore old vehicles nearing the end of their lives. Not only that, India adds 1,400 vehicles every day. The scrappage policy will reduce the congestion on the roads.

Second, A logical extension of NGT ruling for Delhi NCR and Scrappage policy of Government Vehicles.

• • In 2015, National Green Tribunal barred diesel vehicles older than 10 years to commute on Delhi NCR roads. The scrappage policy is the next step to prevent them from further commuting on roads.
  • Further, the government accepted the Scrappage policy for Central and State Government vehicles older than 15 years on January 25, 2020. The policy will come into effect on April 1st, 2022.
  • Apart from that, the government also introduced a draft Vehicle Fleet Modernization Programme in 2016. But the project never got materialized.

Third, IIT Bombay’s conducted a multi-city study in 2014. The study estimated that pre-2005 vehicles were responsible for 70 per cent of the total pollution load from vehicles. The scrappage policy will be a shot in the arm for these polluting vehicles.

Benefits of the proposed policy:

First, The Scrappage policy will benefit the following sectors at one go.

• • The policy will stimulate the domestic automobile and automotive industry. The automobile industry is projected to grow at an annual rate of 22% if this policy is implemented properly.
  • Apart from that, it will provide a massive opportunity for players in the organised scrappage and recycling industry. The scrapping will provide recovery of steel, aluminium, plastic etc. and boost the industries associated with it.

Second, Curbing air pollution: Old vehicles are not compliant with Bharat Stage VI emission standards. This is leading to more air pollution. For example, one 15-year-old vehicle has emissions equivalent to 25 new-generation vehicles. The scrappage policy will reduce the pollution level by 25 percent as compared to old commuting vehicles.

Third, Increase in tax revenue for the government. The revival of the automobile and other sectors associated will boost the tax revenues. According to an estimate, taxes from the automobile sector will amount at Rs 10,000 Crores, if scrappage policy is implemented properly.

Fourth, Containing oil imports: According to the BEE (Bureau of Energy Efficiency) estimates, India has to enforce Scrapping old vehicles and shifting towards higher fuel efficiency norms. If it is achieved, then as per the BEE estimates, “there will be a reduction of 22.97 million tons of fuel demand in India by 2025”. This will help in saving oil import and associated costs.

Fifth, Fulfilling India’s International commitments:  India has committed to the Paris Agreement on Climate Change and provided national targets for reducing emissions. The Scrappage policy will reduce the pollution level and also fulfil India’s commitment to reduce CO2 levels to tackle Climate Change.

Overall the Scrappage Policy has the potential to revive the Indian Steel sector and also has the potential to promote India as a vehicle manufacturing hub in the world.

Challenges associated with the Vehicle Scrappage Policy:

First, Who will bear the cost of monetary incentive provided to owners?  The scrappage industry may provide incentives for scrapping older vehicle (like recovery of scrap, steel etc.). The government is not a direct beneficiary except the environmental cost. Thus, providing incentives from public money might not be feasible.

Second, In rural areas, old vehicles are being used as the owners have very limited financial resources to purchase new vehicles.

Third, Scrapping capacity of India is in doubt. India so far has only one government-authorized scrappage workshop in Greater Noida. Also, the government do not have any standard operating procedures (SOP) for setting up of vehicle scrapping centres. Formulating a policy without having the capacity will lead to accumulation of old vehicles like solid wastes.

Fourth, Regulation of pollutants released during scrapping. The scrapping of Vehicle will release toxic metals like mercury, lead, cadmium or hexavalent chromium. If not properly regulated, it will pollute the environment and have long-lasting consequences.

Read more about the taxing older vehicles: a way forward

Suggestions:

First, In the Electric Vehicle Policy of the Delhi government, they linked scrappage incentives with buying of electric vehicles. Such a special linkage of policy is necessary at the national level to promote the electric vehicle.

Second, There must be an exception for Vintage and Classic cars. The government also have to introduce a provision for Modern Classics. These are an important part of automotive history and the history of humanity. Since most of these vehicles are used sparingly and in the well-maintained condition, they can be exempted.

Third, Centre for Science and Environment (CSE) released a report titled “What to do with old vehicles: Towards effective scrappage policy and infrastructure”. In that, the CSE gave a few important suggestions for vehicle scrapping policy in India. They are

• • There should be a separate effort to include Extended Producer Responsibility (EPR) in collecting the car for scrapping. Apart from that, there should be legally binding rules for scrapping.
  • The scrappage scheme should incentivise replacement of old vehicles with EVs. On the other hand, the government should also frame a policy to reduce the purchasing of traditional petroleum-powered vehicles.

The Scrappage policy has the potential to meet the government-set target of 30-40 percent electrification of the vehicle fleet by 2030. But it can be sustainable only when the government provide adequate support to Electric Vehicles such as by creating the necessary infrastructure for charging, manufacturing battery packs etc.

Recently four fishermen from Tamil Nadu died while fishing in Palk Bay.  The cause of death is still not clear. But the Indian government has registered its strong protest with India-Sri Lanka.

The arrest and death of fishermen by the Sri-Lankan government is a frequent issue. A press note mentions, “between January 2015 to January 2018 alone, 185 Indian boats got seized, 188 Indian fishermen have been killed and 82 Indian fishermen are missing”

The Fishermen conflict is one of the main challenges in maintaining good bilateral relations between India-Sri Lanka.

What are the reasons for fisheries-related conflicts?

First, the maritime boundary line between both countries is not a well-defined one. For example, in the Palk Bay region, the distance between both countries is very less. It varies from 16Km to 45 km. Therefore, the application of 12 nautical mile criteria is difficult here.

Second, The issues of Katchatheevu island: India, and Sri Lanka have signed two agreements (1974,1976) to demarcate the International Maritime Boundary Line (IMBL) between them. But fishermen of Tamil Nadu are not accepting the agreements. Because of reasons, such as

• • According to the fishermen community, “their consultation was not considered during the signing of the agreement and Katchatheevu is a sovereign territory of India”.
  • Prior to the agreements, the fishermen of Tamil Nadu used the island for sorting their fishes, drying the nets, etc. They also used the dry net to catch fishes again while returning.
  • After the agreement, the island was included in the Sri Lankan side of the maritime boundary. This reduced the fishing area of Tamil Nadu fishermen.

All these factors led to the frequent border crossing of Indian Fishermen. The Sri Lankan Navy usually arrest them or destroy their fishing nets.

Third, Fishing method of the Fishermen of Tamil Nadu: TN Fishermen uses mechanized trawlers for performing bottom trawling method of fishing. But according to the Fisheries and Aquatic Resources Act of Sri Lanka, the practise of bottom trawling is an offence.

What are the challenges in resolving this dispute?

First, the non-agreement on terms between both the countries. In 2016 India and Sri Lanka agreed to set up a Joint Working Group (JWG) to find a permanent solution for fishermen issue. But the two rounds of talks did not provide any result. Because

• • India demanded a three-year grace period to move away from the bottom-trawling method to an effective, alternative method of fishing.
  • But the Sri Lankan side demanded an immediate end to bottom trawling practices.

Second,  arrest and seizure on a larger scale makes negotiations hard. The Indian fishermen do not have the financial capability and technology to involve in multi-day fishing. So they do fishing in nearby locations like Palk Bay, Gulf of Mannar. This lead to larger arrests and seizures. As a result, the conflict deepened, and hard to negotiate.

What are the other Challenges in India-Sri Lanka relations?

First, The increase of Chinese investment – China has extended billions of loans to the Sri Lankan government for infrastructure projects. Apart from that China has also got a 99-year lease for strategic Hambantota port.

However, with the recent ‘India first policy’ of Sri Lanka, the relations have started improving.

Second, The unresolved Tamil Eelam issue- Though the civil war ended in Sri Lanka, rehabilitation of Sri Lankan Tamil people is not yet complete. There are still Sri Lankan refugees present in India. There is also a close cultural association among the Tamil-speaking community in India and Sri Lanka. So, a few sections of Tamil community in Tamil Nadu are also in favour of autonomy to Northern and Eastern Sri Lanka.

Third, The issue of the trade imbalance- Indian exports to Sri Lanka was worth US$ 4.16billion in 2018. But the export from Sri Lanka to India is US$ 767 million. Sri Lanka wants to reduce this imbalance. So the Sri Lankan government is demanding greater access to Indian markets. 

Way forward:

First, Indian fishermen need to phase out the bottom trawling practices at the earliest.  It will not only improve the bilateral relationship but also prevent ecological destruction. The government can provide incentives and involve in persuasive techniques for fishermen to achieve the objective.

Second, the Government has to fast-track the Blue Revolution Scheme. The Scheme allocates Rs 1,500 crore over a period of time for the conversion of bottom trawling boats into deep-sea liners. Fishermen will use the deep-sea liners for deep-sea fishing.

Third, regarding the Katchatheevu island, both countries can work upon any of the two solutions. Such as

• • India can get back the island on “lease in perpetuity”(lease forever)
  • Both countries can permit licensed fishermen to fish within designated areas. For example, permitting both country fishermen within 5 nautical miles of IMBL.

Fourth, Both India and Sri Lanka can also work upon starting ferry services. This will improve the people to people connection and reduce the conflict in the long run.

Mutual recognition of each other’s concerns is the key to resolving the fishermen issue. Apart from that, India and Sri Lanka have to see the fisherman issue as a holistic one including Katchatheevu island. This will not only help in solving the fisherman dispute alone but also a good start for the new generation of  India -Sri Lanka relations.

Bombay High Court in Satheesh vs State of Maharastra case acquitted a man of sexual charges under the POCSO ( Protection of Children from Sexual Offences) act. The court cited the stringent Mandatory Minimum Sentence provision in the POCSO act and punished the person based on the IPC section 354 (Outraging the modesty of women).

However, the Supreme Court stayed the Bombay High Court verdict. But this is not an only incident, where, an accused has been acquitted under POCSO Act. Today, one more HC acquitted an accused in a similar case.

There is an urgent need to understand the issues and challenges Courts are facing in the implementation of The POCSO Act. The recent interpretation by Bombay High Court is one such issue among many.

What is the POCSO Act?

The Protection of Children from Sexual Offences Act (POCSO Act) enacted in 2012 and amended in 2019. The Act was formulated to effectively address sexual abuse and sexual exploitation of children and pornography.

Salient provisions of the Act:

First, The Act defines Child as any person below eighteen. The Act also defines different forms of sexual abuses.

Second, The Act provides for relief and rehabilitation as soon as the complaint is made to the Special Juvenile Police Unit or the local police.

Third, The Act prescribes a maximum punishment of life imprisonment or the death penalty. The Act provides a mandatory minimum punishment of three years.

Fourth, The Act provides for the establishment of Special Courts for the trial of offences under the Act.

Read more about the POCSO Act

What is the intent behind the enactment of the POCSO Act?

First, data from the 2011 Census shows, India has a 472 million population of children below the age of eighteen. To protect them from sexual offences separate legislation was required.

Second, India is a signatory to the UN Convention on the Rights of the Child. So the POCSO Act was a mandatory international commitment to protect the rights of children.

Third, the Goa Children’s Act 2003 was the only legislation which specifically focuses on child abuse. Thus national-level legislation was the need of the hour that can be implemented in every State and UTs.

Fourth, Child sexual abuse was prosecuted under various sections of IPC such as Section 375 deals with rape etc. But the IPC sections suffer from various issues such as

• • IPC Section 375 does not protect male Child and protect only the traditional sexual offences like peno-vaginal intercourse.
  • IPC Section 377 and IPC Section 354 does not define the terms “unnatural offences” and “modesty”.

What is the significance of the POCSO Act?

First, The Act provides for immediate relief at the filing of the case. The compensation amount can change, based on the need of the victim. For example, the Act does not define the outer limit. The Judges can include Child’s educational need, medical needs including trauma compensation while deciding the compensation amount.

Second, The Act is Gender-neutral and Child friendly. The Act defines Child as any person below 18 years of age. Apart from that, the Act includes various safeguards for the child, like protecting the identity, avoiding victimization etc.

What are the challenges associated with the POCSO Act?

First, The POCSO Act is suffered by Abysmal rate of conviction like 14% in 2014 and 18% in 2017. The National Crime Records Bureau(NCRB) data of 2016, mentions the conviction rate as 29.6%, while pendency is as high as 89%. The NCRB also mentions the cases are not disposed within a year due to reasons such as frequent adjournments, the inability of the police to file investigation report etc.

Second, Though, the Act mentions Special Children courts to be established to hear the cases. Many states did not establish such courts. This is highlighted by  Re: Exploitation of Children in Orphanages in the State of Tamil Nadu v. Union of India & Ors case.

Third, the Act provides a maximum punishment of death penalty. But Justice J.S. Verma Committee (Constituted on the aftermath of the Nirbhaya case) and 262^nd Report of the Law Commission of India, 2015, were against the imposition of the death penalty for rape cases.

Fourth, Section 8 of the POCSO Act prescribes a mandatory minimum sentence of three years. The state of J&K vs Vinay Nanda case the Court held that it cannot prescribe punishment lesser than the minimum prescribed punishment. This resulted into the various challenges such as

• • More acquittals in POCSO cases: Percentage of acquittal is high because the Judges thinks the mandatory minimum punishment prescribed is more compared to the seriousness of the crime.
  • Else the Court can acquit the accused and punish him like that of Satheesh vs State of Maharastra case. In other words, punishing the person under Section 354 of IPC (Outraging the modesty of women).

Fifth, The POCSO Act is considered as a victim-oriented statute (i.e., the damage caused to the victim assumes more importance). This makes the Act, not a neutral one. For example, Section 29 of the POCSO Act mentions If a person is prosecuted under the POCSO Act, the special court “shall presume” the accused to be guilty.

Sixth, The Act does not cover all the aspects of sexual violence of children. For instance, the Act is silent on cyberbullying and other online sexual crimes of children. The Act is also silent on cases were one child made sexual violence against another child/children.

Way forward:

First, the government has to amend the POCSO Act to overcome the challenges by removing the mandatory minimum sentence and the death penalty. The amendment should also include offences such as cyber bullying of children and other online sexual crimes against children.

Second, High courts should instruct the trial courts not to grant unnecessary adjournments during the trial. State police chiefs should constitute special task forces investigating cases to prevent the pendency of cases.

Third, The Supreme Court issued a direction to set up special courts within 60 days on the districts that are having more than 100 pending POCSO cases. This has to be implemented urgently.

Fourth, the introduction of sex education in schools and educating the children about good touch and bad touch is significant. In 2008-09 Parliamentary committee report mentions the introduction of sex education, but it never materialized. It has to be implemented.

Though the Act can be amended and faster implementation can provide relief to the Children, Awareness and sensitization of people is equally important to prevent the crime itself.

Recently Bihar government decided to categorize defamatory and offensive social media posts against government officials as cybercrime. Bihar Police has issued a circular to implement this order.

This is not the first instance when Sedition laws and criminal defamation have been used to silence the critics of the government.

Examples of Government silencing critics:

First, As per the National Crime Records Bureau (NCRB), 70 people were accused of sedition in 2018. But only four cases actually ended in conviction.

Second, In August 2016, the court criticized the then Tamil Nadu Chief Minister J Jayalalithaa for misusing the criminal defamation law to “suffocate democracy” and, the court held that, “public figures must face criticism”.

Third, In May 2020 Madras High Court declared 28 criminal defamation proceedings filed by the Tamil Nadu government as invalid.

Fourth, the NCRB Report 2018 mentions, the conviction rate of offenders prosecuted under the Unlawful Activities Prevention Act was just 14.5% in 2015.

These are clear examples of government using sedition, Criminal defamation and other suits as a means of harassment.

What are the laws governing criticisms against the government?

First, Sedition under section 124A of the IPC (Indian Penal Code). Sedition is defined as any action that brings or attempts to bring contempt or hatred towards the government of India. Sedition cases are punishable with a maximum sentence of life imprisonment.

Second, Criminal defamation under section 499 of the IPC. Defamation is defined as the communication of a false statement that harms the reputation of an individual person, group, product, business, government, religion, or nation.

Third, The Government enacted the Information Technology (IT) Act 2000 for matters related to cybercrime and e-commerce. Under this act, the Government can punish any crime involving a computer or a network. The Act can charge India citizens as well as foreigners.

Fourth, The Unlawful Activities Prevention Act of 1967. The Act aims to effectively prevent unlawful activities and associations involved. In 2019 the government amended the provisions of the Act to designate an individual as a terrorist. The Law prescribes a maximum punishment of death penalty or life imprisonment.

Fifth, Apart from these Acts several states have enacted specific laws to govern the criticisms. For example draft bill of Shakti Act of Maharashtra has a provision for stricter punishment for offenders who post defamatory messages on social media.

What are the Judicial interventions on Laws governing criticisms?

First, In Kedarnath Singh vs State of Bihar case 1962, Court upheld the constitutional validity of Section 124A (Sedition). The Court mentioned, “citizen right to freedom of speech and expression does not include incite people to be violent against the government or with the intention of creating public disorder”.

Second, In Balwant Singh v State of Punjab case 1995, the Supreme Court held that mere sloganeering that evoked no public response did not amount to sedition.

Third,  The Supreme Court of India, in the Subramanian Swamy vs Union of India, 2014, upheld the constitutional validity of the IPC (Section 499 and 500). The court mentioned the fundamental right to live with dignity and reputation “cannot be ruined solely because another person can have his/her freedom”.

Fourth, In Shreya Singhal vs. Union of India 2015 case, the Supreme Court struck down Section 66A (this provision criminalizes sending offensive messages through a computer or other communication devices) of the Information Technology Act, 2000. The court also held that the provisions of section 66A have violated Right to freedom of speech and expression.

Why we need such laws in India?

First, These laws have utility in combating secessionist, anti-national and terrorist elements. Some highly publicized cases cannot be the reason to repeal section 124A, section 499 and UAPA.

Second, If contempt of court invites penal action, the contempt of government should also attract similar punishment for the smooth functioning of democracy.

Third, These laws provide stability to the democratically elected government. Sedition laws, Defamation laws and UAPA act as a strong defence against violence and illegal activities aimed to overthrow the government

Why the provisions have to be repealed?

First, These provisions are clear examples of a violation of the Right to Freedom of Speech and Expression. Right to question, criticize and change rulers is one of the fundamental ideas of democracy. Both the sections of IPC(124A and 499) and the provisions of UAPA are in direct conflict with the aforesaid Rights.

Second, IPC and Unlawful Activities Prevention Act have provisions that penalize “disrupting the public order” or “overthrowing the government with violence and illegal means”. These are sufficient for protecting the national integrity. There is no need for Section 124A and 499. It can be repealed.

Third, In 1979, India ratified the International Covenant on Civil and Political Rights (ICCPR). The ICCPR sets out internationally recognized standards for the protection of freedom of expression. However, the misuse of sedition, criminal defamation and UAPA is inconsistent with India’s international commitments.

Fourth, Even the UK (sedition law originated) and Australia have removed sedition laws. International bodies such as the UN had recognized the threat posed by criminal defamation laws.

Fifth, The criticisms if reach at right time to the government, then it can save a lot of resources, government machinery, etc.

Way forward:

There are certain ways to improve sedition, criminal defamation and the application of UAPA in India.

First, We have to educate the Law enforcement authorities to prevent the problem of misuse. The enforcement authorities might be trained regarding the application and non-application cases of sedition, criminal defamation and UAPA suits.

Second, the State has to follow the Parent-Child approach during the criticisms where raised. The Madras High court advocated this approach in May 2020.

Third, The Protection of Speech and Reputation Bill, 2016 in modified form can be enacted by the government. The Private member bill has certain important provisions such as

• • Setting the maximum claim limits and barring governments, local bodies and other institutions (statutory functions) from filing suits for defamation and sedition.
  • Providing punishments such as apologies, corrections and retractions, for a lesser form of crimes.

India is an open and liberal society, the largest democracy. But to secure national integrity, divisive forces have to be kept in check. So, it is necessary to retain the laws criminalising criticisms. But the wrongful enforcement and misuse have to be checked.

Recently an elephant died in Mudumalai Tiger Reserve (MTR), Tamil Nadu. The death was caused by a burning tyre thrown at the elephant by some people.

This is not the first instance when a wild animal has been killed due to fire, firecrackers or by a mob with sticks. The violence against wild animals has increased many folds in recent years. But such news gets attention only when a video gets viral or some mainstream media airs it.

There is an urgent need to know the root causes of this increasing threat to wildlife.

Present status of cruelty against wild animals in India:

Before this incident, in June 2020 a pregnant elephant died due to hunger and fatigue. This happened after a local fed a cracker stuffed pineapple to her.

Under the Prevention of Cruelty to Animals Act, between 2012 and 2016, more than 24000 cases of animal cruelty have been reported in India.

In India, cruelty against wild animals is mainly prevalent in the areas where a man comes in contact with wild animals or vice versa. About 20-25% of people directly derive their livelihood from the forest or the agricultural land in the vicinity.

Why there is a high prevalence of cruelty against wildlife?

First, the prevalence of Illegal wildlife trade: Wild animals in India are hunted for their body parts such as tiger and leopard skins, their bones and other body parts. These products are smuggled at very high prices in markets such as China, South East Asia, Europe and the Gulf.

Second, in India, there is increased pressure on natural resources. This has led to a decrease in wildlife corridors. Wildlife corridors are the lifeline of wild animals. This is resulting in human-animal conflict and conflicts are used to justify violence against wild animals.

Third, The threat to farmers: Farmers in India have only fragmented landholdings (The average farm size in India is only 1.15 hectares). Farmers see wild animals as a threat to their livelihood. They resort to cruelty against animals to protect crops by Electric fencing, poisoned fruits, firecrackers, snare traps,  etc.

Fourth, people generally see wild animals as a threat to humanity. Even though wild animals don’t want to harm humans, Human see the wild animal as a threat at the moment they saw the animal.

Laws to stop cruelty against animals in India

“Prevention of cruelty to animals.” and “Protection of wild animals and birds.” are present in Concurrent List (both the Centre and the States have the power to legislate).

1. The Wild Life (Protection) Act, 1972:

First, this Act prohibited the capturing, trapping, baiting, or poisoning of wild animals (even attempting to do) as a punishable offence. The Act prescribes punishments such as 25,000 INR fine or a prison term (up to 7 years) or both.

Second, The Act also makes it unlawful to injure, destroys wild birds or reptiles, damaging their eggs or disturbing their eggs or nests. If the person found guilty he/she can be punished with imprisonment (3 to 7 years) and a fine of Rs 25,000.

Third, the Act established the Wildlife Crime Control Bureau. The Bureau aims to combat organized wildlife crime in the country

2. The Prevention of Cruelty to Animals Act, 1960  

First, This Act defines “animal” as any living creature other than a human being.

Second, The Act generally focuses on all the animals, but it has certain specific provisions aimed towards the cruelty of wild animals. They are

• • Beating, overriding, kicking, torturing, overloading, and causing unnecessary pain to any animal.
  • Administering an injurious drug/medicine to any animal.
  • Killing or Mutilating any animal in cruel manners such as using strychnine injections.
  • Shooting an animal when it is released from captivity.

Third, This Act established the Animal Welfare Board of India (AWBI). The AWBI aims to promote the promotion of animal welfare.

Fourth, the Act does not consider the following acts as cruelty against wildlife.

• • Extermination of any animal under the authority of law
  • Dehorning/castration of cattle in the prescribed manner,
  • Destruction of stray dogs in lethal chambers in the prescribed manner

Challenges in controlling Cruelty against wildlife

First, the Supreme Court has issued a directive to states for setting up a State Animal Welfare Board.  But the majority of the states have not formed the state welfare boards yet.

Few states like Maharashtra and Rajasthan formed State Animal Welfare Boards. But in those states, the Boards faces challenges like inadequate budgetary allocation, lack of forest personnel, etc.

Second, The Prevention of Cruelty to Animals Act, 1960 has few serious lapses. They are,

• • The Act doesn’t differentiate between different form of cruelties against animals. For example, the law prescribes similar punishment to the person who kicks a wild animal and the person who killed the wild animal.
  • Most serious forms of animal violence receive the maximum punishment of a fine of 50 rupees or imprisonment up to three months or both.

Third, there is a huge difficulty in tracing violators: The wild animal is harmed either in the forest or in farmland. Not every incident is reported or documented. Apart from that, finding proof against the violator is difficult unless there is a witness or media like images/videos.

Fourth, there is a contradiction in the classification of elephants as wild and domesticated: While the WPA, 1972 protects elephants as a wild animal. The administrative policies allow for an ownership exception. For example, there are almost 500 privately owned elephants in Kerala alone.

Way forward

First, Amending the Prevention of Cruelty to Animals Act:  In this regard in 2011, The AWBI recommended amendments to The PCA Act, that are required to be implemented. The major provisions of the bill include,

• • The PCA Act has to move away from a ‘defensive position’ to a more ‘welfare-oriented approach’. It should be done by expanding the definition of animal abuse and empowerment of Animal welfare organizations.
  • The PCA Act should multiply the penalty for repeat offenders by a factor of 1,000

Second, State governments have to establish the State Animal Welfare Board. Further, Boards should be allocated adequate finances and manpower.

Third, encouraging farmers to move away from cruel measures to humane methods to protect their crops. Eg: Farmers in Tamil Nadu are making use of the Italian honey bee (natural elephant deterrent). The government can provide technological solutions like radio-collaring, etc to monitor the movement of wild animals.

Fourth, The agriculture and forest departments must cooperate and share the burden of compensation to farmers for crop loss due to wild animals.

Fifth, the government has to involve the civil society, NGOs and local administration in creating awareness. Awareness has to be created about the seasonal migration of animals, Man-wild animal ecosystem balance etc.

Gandhi once mentioned, “The greatness of a nation and its moral progress can be judged by the way its animals are treated”. The Cruelty to wild animals is the evidence where human losing humanity. So apart from government initiatives, we also have to understand the seriousness of the issue.

Recently, Kamal Haasan’s political party, Makkal Needhi Maiam, proposed a due recognition to homemakers. The Political party included payment for homemaker’s domestic work as a part of their election manifesto.   

The proposal reopened the academic debate of Paying women for their domestic and care work. 

Payment to domestic care work was first demanded by the Third National Women’s Liberation Conference, in England in 1972. 

Is it a new concept to India? 

No, it is not a new concept to India. 

• • In 2010, the National Housewives Association tried to seek recognition as a trade union. But the deputy registrar of trade unions rejected the proposal on the ground that housework is neither a trade nor an industry. As Home and market for centuries were considered as two distinct spheres. 
  • In 2012, the Ministry of Women and Child Development considered mandatory salary for housework done by wives. It considered the proposal that wives will receive a salary from Man (Husbands). But the proposal never materialised. 

Need to recognise household work: 

First, According to International Labour Organization, there is a huge difference between the care responsibilities of women’s and men’s care. Women performs 76.2 percent of total hours of unpaid care work. This is three times more than similar work performed by men. In Asia and the Pacific regions, this figure rises to up to 80%. 

Second, Housework demands 24*7/365 days of effort and sacrifice. Domestic work is essential for vulnerable persons in the house such as older persons, sick persons, children, etc. Thus, it should be recognized as a profession with same entitlements as paid employment.  

Third, A large number of women living with domestic violence and other forms of cruelty. This is because they depend economically either on husband or on any other member of family. 

For these reasons in 1991, The UN Committee on the Elimination of Discrimination Against Women, recommended measurement and quantification of domestic activities performed by women. This is to highlight the economic contribution of women.  

Further read about: Paying women for domestic and care work  

Advantages in recognising Housework: 

First, as per Shashi Tharoor, recognising housework will enhance women’s power and autonomy. This will lead to a recognition of the value of unpaid work performed. It will result in near universal basic income.  

Second, recognising the housework will put homemakers at the same level as other professions such as doctors or office workers. Social protection benefits can be made available as a next step.  

Third, it will improve gender equality. Housework salary will provide economic freedom and help women to live with dignity. 

Fourth, Women will have the ability to choose the work they desire. After recognition, women can take either office work or housework, based on the level of income. Thus, women can overcome time poverty (shortage of time available towards personal requirements such as leisure, recreational activities) and can achieve ‘work-life balance’.  

Fifth, it can lead to accurate National Income Accounting and GDP calculations of our economy. At present national income calculations not included the domestic care work performed. Thereby underestimating the GDP at present.

Lastly, recognising the housework will revolutionise the role of women in our society. 

Also read: Should there be wages for housework? 

Challenges associated with recognition of housework: 

First, the calculation of the monetary value of care work: In the Arun Kumar Agrawal v. National Insurance Company (2010) case, the Supreme Court acknowledged the contribution of the housewives as invaluable. The court also observed that it cannot be computed in terms of money.  

Second, if recognised Who will pay the money?  

• • If husbands are entitled to pay Housework: In this case, the total household income will remain the same unless the husband’s income is improved. There is a high chance of housework is not getting paid to their wives. 
  • If the government is entitled to pay Housework: It will put an undue burden on State and there is a high chance of Fiscal Deficit targets were not met.  

Third, it might create a new social norm that domestic and care work is ‘women’s work’, as they are being paid for it. This will strengthen the patriarchal mindset and makes redistribution’ of the burden of unpaid work impossible. This will reinforce the gendered division of roles. 

Fourth, Practical implementation is highly questionable. Legal recognition does not always mean protection. This is evident from the equal inheritance rights to daughters were not fulfilled to the majority of women in India. Apart from that one cannot determine the leave policy, Loss of Pay if wife went to her home town etc.  

Fifth, recognising domestic work will reduce women’s potential in education, talent etc. Many talented women might be forced to perform household work as it is recognised. 

Sixth, it might lead to the commodification of housework and personal care, like that of surrogacy.  

Read about the alternatives for wages against housework 

Way forward: 

We need to strengthen awareness, implementation, and utilization of other existing provisions like;  

• • Right to reside in the marital home,   
  • Streedhan and Haq Mehr (amount entitled to Muslim women from her husband under marriage contract),   
  • Inheritance rights as daughters  
  • Free legal aid to women during the instances such as domestic violence, divorce etc. 

Apart from that, Husbands should support wives in their daily housework. To perform that better parenting is required by the present generation. Parenting should focus our boys to be sons, brothers, husbands, and fathers who would respect women and women’s rights. 

Women should be encouraged to reach their potential through quality education, opportunities of work, gender-sensitive and harassment-free workplaces. 

There is another idea better than recognising housework. It is the idea of transferring Universal Basic Income (UBI)(unconditional cash payment to low-income households) to the account of women members of family. This will put the money directly in the hands of women and not stress government as significant as the recognition of housework. 

As a result of the Covid-19 pandemic induced economic slowdown, the commercial banks are about to witness the spike in NPAs, or bad loans. To deal with it, Reserve Bank of India (RBI) Governor is considering the proposal for the creation of a bad bank.  

What are the functions of Bad banks? 

Commercial and Public Sector Banks (PSBs) sell their NPAs to the bad bank. The bad bank manages the NPAs/bad loans and finally recovers the money over time. The takeover of bad loans is normally below the book value of them. These banks are not involved in activities like lending and taking deposits.  

For example, consider a steel plant’s loan with SBI, turned into an NPA. Bad bank purchases this NPA from the SBI. After that, the bad bank appoints domain experts to manage the assets of the plant with an aim to maximize revenues and cut losses. This is called reconstruction and increases the economic value of the plant. When the bad bank sells this plant, it will recover more money. 

The first bad bank was created in 1988 by the US-based Mellon Bank. After that, a similar concept has been implemented in other countries including Finland, Sweden, France and Germany.  

Concept of Bad bank in India: 

• • The idea gained momentum when the RBI held asset quality review (AQR) found several banks showing a healthy balance sheet but have suppressed or hidden bad loans. 
  • Sunil Mehta panel on NPA’s (Non-Performing Assets) proposed Sashakt India Asset Management company, for resolving large bad loans in 2018. 
  • The Bad bank proposal was also discussed during the Financial Stability and Development Council (FSDC) meeting, but the government preferred a market-led resolution process instead of a bad bank. 

Difference between Bad Bank and ARC (Asset Reconstruction Company): 

Why a bad bank is required? 

First, Banks have difficulty in solving these cases due to lack of expertise, coordination, capital etc. Even the private ARCs have also failed to recover the loans. 

Second, The RBI fears a spike in bad loans after the Covid-19 pandemic and the six-month moratorium announced to tackle the economic slowdown. This creates a necessity of Bad banks. 

Third, the panel led by KV Kamath, has said companies in sectors such as wholesale trade, retail trade, textiles and roads are facing stress. So, setting up a bad bank is crucial to revive these sectors. 

Fourth, Bad banks are targeted banking system with domain experts to focus particularly on NPAs Bad banks can be more effective, quicker in restructuring of the loans. 

The Financial Stability Report points that the gross NPAs of the banking sector are expected to shoot up to 13.5% of advances by September 2021, from 7.5% in September 2020, under the baseline scenario. So, the Bad banks are essential considering the Indian conditions. 

Advantages of having Bad bank: 

First, Bad banks will improve credit mobilization culture in the economy: By holding the defaulters accountable the Bad Banks will ensure the accountability of borrower to pay the loan at any cost. 

Second, Bad Banks will improve monetary Policy Transmission. NPAs were one of the major reasons for the lack of monetary policy transmission (MPT) in India. Even though RBI has reduced policy rates, Banks don’t reduce lending rates, to recover the cost of NPAs with them. If bad banks can manage their NPAs, their financial health will improve and facilitate MPT in the economy.   

Third, Bad Banks can take bold decisions compare to commercial Banks. In General, the price at which NPAs are sold comes under the preview of CVC, CBI and CAG. Banks were hesitant to reveal and disposal of stressed assets fearing adverse reports by these institutions. A bad bank that can maximize recovery due to professionalism and hence will be less hesitant. 

Fourth, Higher prices for stressed assets can be realized by bad banks.  

Challenges associated with bad banks:

First, the major challenge associated with the Bad bank’s establishment is regarding what kind of loans will be taken over by bad banks, and at what cost? This is aggravated when the commercial banks were reluctant in the past for haircuts. If a PSB accept the NPA sale at lower price to Bad Bank then that loss is incurred by that PSB (I.e., the government) 

Second, the stake of government in Bad bank is criticised for political influence in decision making. Especially when the majority of the NPAs are associated with the Public Sector Unit. 

Third, the establishment of bad banks may not incentivise banks to focus on the quality of credit provided, monitor loans, and protect against ever-greening of loans. Banks might perform lending activities in the mindset that there is a system in place for recovering the loans. 

Fourth, larger systemic issues will not be addressed. A bad bank does not address the structural weaknesses in public sector banks such as management etc. 

For these reasons, many economists including the former RBI Governor opposed the establishment of Bad Bank in India. 

Solutions: 

First, laying out a clear road map for Bad Bank is crucial. Government can address the issue in the upcoming budget session. 

Second, Exploring the models suggested by former RBI Deputy Governor, Viral Acharya. He suggested two types of Bad banks. The possibility of these two models can be explored before setting up of Bad Bank. The models were: 

1. 1. Private Asset Management Company (PAMC)– This model is suitable for stressed sectors where the assets are likely to have an economic value in the short run, with moderate levels of debt forgiveness.  
   2. National Asset Management Company (NAMC)– This is for the sectors where the NPA problem is in excess capacity and also of economically unviable assets in the short to medium terms. 

The government can roll out the Bad Bank for the PAMC to instil public confidence and assess the performance of Bad banks and later can extended to NAMC category. 

Third, K V Kamath Committee also suggested to set up Bad bank to revive sectors such as Trade, Textile, NBFCs, Steel and construction, etc. 

Way forward: 

The Problem of NPA is huge in India. Without reducing the problem of NPA India cannot become a trillion-dollar economy. The UK Asset Resolution (UKAR), a bad bank has recovered nearly 50 billion pounds of loans in UK. So, the Bad Banks is key to reduce the NPA’s, and it is high time for India to follow the path. 

Synopsis: 

More than 40 telecom operators in the World have already launched 5G technologies. India being the 5th largest economy in the world has not yet launched the 5G technology. Is it high time to launch 5G services in India or India still have time to catch up with the technology? 

click here to read about what is 5G technology?

Present Status of 5G in India: 

Department of Telecommunication (DoT) in 2017 setup a 5G steering committee headed by AJ Paulraj. The committee submitted the report and suggest important steps. In 2018, India planned to start 5G services but it has not yet materialized. 

All the private telecom players urged the DoT to lay out a road map of spectrum allocation and 5G frequency bands. 

Reliance Jio plans to launch an indigenously built 5G network in the second half of 2021. And also, to be ready for deployment once the networks are in place. 

The government for its part also working on creating a corpus of Rs 500 crore dedicated exclusively for the research and development of 5G technology in India. 

Recently, The Department of Telecommunications (DoT) has sought opinion about the sale and use of radiofrequency spectrum over the next 10 years, including the 5G bands from the experts. 

Importance of 5G Technology: 

5G will bring with High speed and ultra-low latency will revolutionise government effort in promoting digital India. 

First, Minimum Government and Maximum Governance: Better speed and connectivity will reduce the red–tapism and enhance speedy and better implementation of projects and policies. This will various government missions such as smart cities mission, etc. 

Second, Ultra-Low latency in 5G services (time taken by a network to respond) will help in improvement in the logistics and shipping sector and also reduces the overall cost of goods and services. 

Third, Employment generation: 5G technology will open a new horizon of opportunity for new device manufacturers and application developers. Thus, more job opportunities will be created and it will help in the inclusive growth of the nation. 

Fourth, Enhanced network coverage: This will enhance network performance and support during limited access or absence of mobile networks. The small cell concept used in 5G will have multiple advantages of maximum data transfer, better cell coverage, cloud access network and low power consumption etc. This will help in reducing the digital divide in India. 

Fifth, 5G will provide enhanced Security: 5G will enhance security surveillance, better coordination among various agencies. The closed-circuit cameras will provide high–quality real-time video for security purposes. 

Sixth, 5G will revolutionize Industrial Growth: The future of industries will greatly depend on smart technologies like 5G for efficient automation, safety, maintenance, tracking, smart packing, and energy management. 

Seventh, 5G will improve Agricultural applications: 5g can be used for smart farming in the future. Such as combining smart RFID sensors and GPS technologies, farmers can track the location of livestock and manage them easily. Smart sensors can be used for irrigation control, access control and energy management. 

Eighth, 5G will improve healthcare and mission–critical applications: Scientists are working on smart medical devices such as remote surgical machines, Smart medical devices, etc.  

Challenges faced by India in introduction of 5G technologies: 

First the major question of need and viability: Telecom operators are facing a financial crisis and have a combined debt of Rs 4 lakh crore. Apart from that, they are still trying to fully monetise 4G services. The introduction of 5G will involve a heavy upfront investment and have a long payback period. Thus, the viability of 5G after the introduction is a major challenge. 

The Second challenge in the 5G deployment will be the pricing of the spectrum. DoT will price the spectrum but heavy upfront investment associated with 5G technologies will increase the price of the spectrum. But the telecom operators with a stressed balance sheet might not have that much capital to invest in the 5G technologies and spectrum.  

Third challenge associated with 5G is the technological and operational challenges, 

• • Extensive fiberisation requirement: Most operators at present have about 20-25% fiberisation. But, a true 5G experience will require up to 80% fiberisation this also involves investment. 
  • The antennae need to be upgraded at every site and also require an entirely new orchestration layer to achieve the critical feature of 5G network slicing. 

Fourth, the threat to national security: China is preparing to dominate the world by rolling out its 5G technology warfare across countries. By deploying the 5G in India without indigenisation of technology will make India vulnerable to China. This will make the data of individuals, groups or even security agencies at risk. 

Lastly, diverting the traffic from 4G to a more efficient 5G is also a challenge. As the AJ Paulraj committee pointed out that older generation technologies will remain for almost 10 years after the 5G deployment. 

Solutions for faster implementation of 5G technologies in India:

India needs to fast the pace of its 5G implementation as technology is critical to India’s digital ambitions. 

First, India needs to introduce the spectrum policy: the policy should focus on incentivising heavy investment in 5G, including long-term support, and technology-neutral spectrum licences, instead of trying to look for reaping profits right away. 

Second, India needs to create an ecosystem capable of leveraging 5G, Like skilled manpower, technology, R&D and investment, etc. 

Third, India has to work on Indigenous 5G technology. IoT platforms not only for military applications but also for civilians to avoid any 5G warfare and data threat in the future. 

Fourth, India has to Implement the recommendations of 5G steering committee. The important recommendations are:  

• • Three phased implementation of 5G technology in India 
  • Early adoption of 5G technologies to fast-track India’s embrace of 5G’s benefits. 
  • Setting up of Standing Committee with a five-year term to advice on building Spectrum Technology Infrastructure. 

Way forward: 

The shift from 4G to 5G is not incremental, but transformational. Skipping of 5G is not a choice India can afford. The economic impact of 5G in India is expected to be over $1 trillion by 2035 according to the report of KPMG. The Sooner the deployment of 5G in India is the better for India. 

Synopsis:

Kalapani territory is one of the major disputed border areas between India and Nepal. But the dispute is not yet resolved by mutual terms and usually resurface time and again. In this article, you can read about the details of the dispute and the steps that India should take.

Introduction: Present development

Nepal has raised the Kalapani boundary dispute during the recent Joint commission meeting with India.

Dispute intensified in November 2019, when India published a revised political map after the reorganization of J&K, depicting Kalapani as the region of India.

Nepal immediately issued an objection to the map. Nepal government released a map mentioning Kalapani -Lipulekh- Limpiyadhura as a territory of the Darchula district of Sudurpashchim province of Nepal.

About Kalapani territory

Kalapani is the eastern most region of the Pithoragarh district of Uttarakhand, administered by India.

It is located at the China-Nepal-India tri-junction and is a strategically important area. So Kalapani was regarded as an ‘observation zone’ for troops. For example, by stationing Indian troops at Kalapani, India can observe the movement of the Chinese troops and push them back if required.

Apart from that, Kalapani serves as an important pass for the Kailash Mansarovar route.

Since 1962, Kalapani has been guarded by the Indian security forces. But According to Nepal, King Mahendra with the helping tendency offered Kalapani to India temporarily for security purposes during the 1962 India-China war.

This debate intensified in the 1990s after Nepal restored its democracy.

What is Kalapani Dispute? Historical aspects and conflicting claims by both the countries

The key reason for the Kalapani dispute is the disagreement between India and Nepal over the origin of River Kali, flowing through Kalapani region.

British India signed the Treaty of Sugauli with the Kingdom of Nepal after the Anglo-Nepalese War in 1816. In this treaty, they demarcated the Kali River as Nepal’s western boundary with British India.

But the source of Kali has become a main cause of contention.

River Kali is known as ‘Kali’ at the upper reaches, ‘Mahakali’ at the middle portion and ‘Sarjoo’ or ‘Gogra’ at  the lower areas. This aggravates the confusion about where it belongs

The two contrasting views:

Nepal’s stand:

Nepal was of the view that the river which flows to the west of Kalapani is the main River Kali. They also believe that River Kali was originating at either Limpiyadhura or the nearby Lipulekh pass, which are both within the Nepalese territory.

India’s stand:

• India believes that the River Kali originated from a smaller rivulet named Pankhagad. It was lying on the southern portion of Kalapani. Hence it is the true border, and the territory  was lying in India.
• The revenue and administrative records of the nineteenth century showed Kalapani as a part of India.

Other territorial disputes between India and Nepal

The disagreements between India and Nepal are not limited to Kalapani but also the other areas like Lipulekh, Limpiyadhura, and Susta;

Susta region:

• • It is a fertile area consist of alluvial soil located in the Terai regions West Champaran district, Bihar  of India.
  • Susta region is located on the banks of the Gandak river. The Gandak river is also called as the     Narayani river in Nepal.
  • During the 1816 Treaty of Sugauli, the west side of the Gandak river belongs to Nepal and the Eastern part of the river belongs to India.
  • But due to frequent change of course by the Gandak river, the Susta region at present belongs to the Eastern part (I.e., belongs to India). This is not accepted by Nepal.

Lipulekh and Limpiyadhura region:

• • Both Lipulekh and Limpayadhura (Limpiya pass) located on the Nepal-Tibet border
  • Lipulekh Pass connects the Indian state of Uttarakhand with the Tibetan Autonomous Region of China. Lipulekh is the shortest route to reach Taklakot, a Tibetan township of China.
  • Nepal claims that the Indian army has encroached on both regions during the 1962 territorial offering of King Mahendra.

Solutions:

First, In the 1980s, both countries set up a Joint Technical Level Boundary Working Group. It succeeded in the demarcation of all territories except Kalapani and Susta. Both governments have to create such a joint       working group to resolve the dispute.

Second, establishing a permanent mechanism to reduce the disputes further so that  the disasters caused by the rivers and floods in the regions of India-Nepal can be mitigated effectively.

Third, India has to convey to Nepal’s leadership about the friendly environment that 6 to 8 million Nepali   citizens living in India and the benefits of open borders enjoyed by citizens of both countries.

Fourth, Mutual respect is the key: The Nepal government has to broaden the view and has to stop the territorial nationalism and pulling out the China card whenever they negotiate with India.

Way forward:

The India-Nepal relationship is a unique relationship, built by friendship and cooperation with cultural and civilizational links. The border dispute is one of the important issues to solve to take ahead India and Nepal relations to another level. But to be successful forgetting the mistakes and claims of past along with a fresh start is key to both the countries.

Context:

The recent WhatsApp privacy policy attracted widespread criticism among various sections of society for its latest privacy policy. Due to severe protests, WhatsApp has issued clarification related to its policy. But there is a wider concern about data protection in India.

Click here to read about the new Whatsapp privacy policy

What is the clarification WhatsApp has issued?

In its latest clarification, WhatsApp is trying to differentiate between “messages with friends or family” and “messages with a business”.

Whatsapp says that the latest changes only affect the “messages with a business”. Policy regarding “messages with friends or family” will remain the same.

In its clarification WhatsApp has issued the following statements:

• • Personal messages are protected by end-to-end encryption and neither accessed nor heard by WhatsApp or Facebook.
  • No log of personal messages or calls has been maintained due to “privacy and security risk”.
  • Location shared by users are also protected by end-to-end encryption and cannot be seen by WhatsApp or Facebook.
  • Any user’s contact is not shared with Facebook or any other App.
  • All the communications within WhatsApp groups are end-to-end encrypted and are not shared with Facebook for Ads.

How business messages are different?

• • Businesses on Facebook will be able to create Facebook shops to create an online store and interact with the users through WhatsApp.
  • WhatsApp will soon offer businesses with Facebook’s hosting services to manage their communication with users.
  • On these hosting services, Businesses will soon be provided with the facilities to manage WhatsApp chats with their customers, answer questions and send information like purchase receipts.
  • Businesses will be allowed to use the above information for their marketing, including ads on Facebook.
  • However, Businesses using Facebook’s hosting services will be labelled, to make the user aware of what follows.
  • If the users are interacting with the businesses on WhatsApp for shopping or other purposes, their shopping activities will be shared with Facebook to personalise their experience on the related ads on Facebook and Instagram.

What is the Privacy Policy in EU?

• • Privacy policies of different countries put different types of restrictions on businesses. EU’s General Data Protection Regulation (GDPR) provides much more control to the users on their personal information shared on the online platforms.
  • While in the EU also, WhatsApp privacy policy talks about sharing information with Facebook, but users have an additional right “Managing and Retaining Your Information”.
  • As per WhatsApp’s own policy for EU, Users there can access, rectify, port, and erase their information.
  • They can not only restrict or object to a certain type of information used by the platform but also can withdraw their consent to WhatsApp for processing of data.

How data is protected in India?   

In Puttaswamy v India (2017) case, privacy was established as a fundamental right. In other cases, MP Sharma v. Satish Chandra (1954) and Kharak Singh v. Uttar Pradesh (1962), as well, Privacy rights were upheld by SC.

As India has not implemented the Personal Data Protection Bill, there is no control over how user data will be processed by tech companies.

Click here to read about the challenges of Personal Data Protection Bill.

Apart from this IT Act 2000, and its amendment in 2008 deal with data protection to some extent.

• • Information Technology (Reasonable Security Practices and Sensitive Personal Data or Information) Rules, 2011 issued under the Information Technology Act, 2000, provides a measure of legal protection of personal information
  • Breach of data privacy is punishable under Section 72-A of the IT Act. The Act Penalises the offender for three year imprisonment or a maximum fine of Rs 5 lakh.
  • But this provision is only applicable to corporate entities not to individuals.
  • Rules are restricted to sensitive personal data — medical history, biometric information, and sexual history, among other things.

Way forward:

Justice BN Srikrishna committee report talks about three approaches to data protection and a draft data protection bill.

1. 1. The US model of laissez-faire approach: The USA does not have an overarching data protection framework.
   2. European Model of GDPR: Provides control of personal data in the hands of the data generators (Users)
   3. China’s model of protecting National interests: China created a national law in 2017 which contains top-level principles for handling personal data.

Though WhatsApp’s privacy policy is relaxed to some extent it is not perfect. This might be the first of many such privacy guidelines by the companies operating in India. The solution lies in the faster enactment of the Personal Data Protection Bill and the successful implementation of the Act. It is high time the government should enact the same.

This article is based on the recent Indian Express article India at UN high table.
Context

Recently India has been elected as a non-permanent member to UN Security Council for the 8^th time.

The United Nations is the most powerful International Organisation that ever existed in the history of mankind. 193 members of the UN have participated and contributed their part to make the UN a truly global organisation. India as a country and a member have participated and contributed significantly to the United Nations.

History of India’s participation at the UN:

India is a founding member of UN. India signed the UN charter on 1945. Since the Independence the participation of India in the UN is huge and highly commendable. The participation can be divided into 3 Phases.

1. 1. During Cold war period (1947 to 1990)
   2. A decade of economic reforms in India (1990-2000)
   3. The phase of New India (Since 2000’s)

During Cold war period (1947 to 1990):

• • In 1950-51, India, being a  President of UNSC, India presided over the adoption of resolutions asking for a cessation of hostilities during the Korean War and also for assisting the Republic of Korea.
  • In 1967-68, India co-sponsored a Resolution for extending the mandate of the UN mission in Cyprus.
  • In 1977-78, India was a strong supporter of Africa and spoke against apartheid, and also raise concerns for the independence of Namibia.
  • In 1984-85, India was leading supporter in the UNSC for the resolution of conflicts in the Middle East, especially Palestine and Lebanon.

A decade of economic reforms in India (1990-1992):

• • India suffered a humiliating defeat in the hands of Japan in the 1996 contest for a non-permanent seat in the UNSC.
  • India stood against indefinite extension of the Non-Proliferation Treaty(NPT)in 1995, and rejected the backdoor introduction for adoption of the Comprehensive Test Ban Treaty(CTBT) in 1996
  • With the objective of providing a comprehensive legal framework to combat terrorism, India piloted a draft Comprehensive Convention on International Terrorism (CCIT) in 1996.

The phase of New India (Since 2000’s)

India’s Economic policies and globalization strengthened India’s role and negotiating powers in the UN.

• • Gradually India became a strong voice for the developing world, peacekeeping, counter-terrorism, and concerns about the problems in the African nations.
  • During the 2011-12 term, India chaired the UNSC Committee concerning Counter-Terrorism, a Working Group concerning the threat to international peace and security by terror acts, and Security Council Committee concerning Somalia and Eritrea.
  • India worked closely with its supporters in the UNSC and in May 2019 India succeeded in placing Pakistan-based terrorist Masood Azhar under the UNSC’s 1267 Sanctions Committee concerning al-Qaida and ISIS and associated individuals and entities, The action which was pending since 2009.

Significance of India to the UN:

• • Firstly, India is the 3^rd largest economy in terms of GDP (PPP) and the 2nd most populous nation.
  • Secondly, India is a founding member of the UN, and India has been a  non-permanent member of the UNSC for the 8^th term and also a member of other international structures such as MTCR, The Wassenaar Arrangement, etc.
  • Thirdly, India enjoys the backing of major powers including four permanent members other than China and also the African Union, Latin America, Middle Eastern countries, and other LDCs from different parts of the globe.
  • Fourthly, India provides large numbers of soldiers to the UN for peacekeeping missions,
  • Fifthly, India is a responsible nuclear nation, which has stated a clear no-first-use policy and also followed the same in spirit and soul.
  • Sixthly, India’s success in space technology is another point for its candidature.
  • Lastly, India has been a responsible power and it has contributed significantly to global peace efforts and Humanitarian and Disaster Relief measures in various countries such as Pakistan, Yemen, South Sudan and the majority of the South Asian nations, etc.

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What are the Challenges to India at the UN?

• Firstly, the China Factor: China does not want India and Japan to join the UNSC as permanent members. China is against India for reasons such as
  • On the issue of cross-border terrorism, China continues to protect Pakistan.
  • China tried to get the UNSC to focus on India’s constitutional changes in Kashmir.
  • China uses India’s non-membership in the Nuclear Proliferation Treaty (NPT) and Nuclear Suppliers Group (NSG) as the reasons to deny India’s entry into UNSC.
• Secondly, Challenge to multilateralism– There is a rift between the permanent members of the Security Council. For example,

• • China has stepped in to take advantage of the West’s retreat from multilateralism and China is also flouting international law and order.
  • BREXIT has shown that nationalism still remains a strong factor in Europe.
  • The recent Coup in the USA and the global wave of right wing politics failed to reach a consensus on critical issues.
• Thirdly, change in Contemporary geopolitical realities:The global power matrix has moved towards multilateralism but the UNSC and UN’s power matrix concentrated on select countries.
• Fourthly, under-representation of Countries: The regions like far East Asia, South America, Africa have no representation in the permanent membership of the council which can push for reforms at the UN level.

What are the solutions for India?

• • Firstly, making the UN effective. India needs to carve out a larger room for itself and try to create an atmosphere of cooperation as done by the US and USSR on nuclear proliferation.
  • Secondly, making the UN more representative. India should push its efforts in partnership with Brazil, Germany, and Japan (G4 countries), to expand the UNSC.
  • Thirdly, India has to deal with China’s growing enmity: By presenting the real facts on the issue of cross-border terrorism and the constitutional changes in Kashmir.
  • Fourthly, India should renew its ties with African Nations:  60 percent of UNSC documents and 70 percent of its resolutions are about peace and security in Africa. So there is an opportunity for India to deepen ties on peace and security issues in Africa at bilateral, regional, and global levels.
  • Fifthly, P5 has to be realistic: The UNSC’s Permanent members have to accept the present world’s challenges and the significance of co-operation at multi-level, especially the COVID-19 pandemic exposed the fault lines and the need for a multilateral collective solution.

Way forward:

UN should not merely be an institution but also an instrument for positive change. But the UN as an institution for conflict resolution has not developed as desired and India along with other nations should try to reform the UN structure.

Supreme Court pronounced 2-1 judgment and cleared the Central Vista Redevelopment Project.

Petition challenging the Centre’s change-of-land-use notification of March 2020 for 86 acres of land was filed in SC.

Following statements were put forward by the majority judgment and dissenting judge:

More about judgment

SC Court in its judgment held that it found no issues in the following orders and found them as per laws and procedures.

• “No Objection” by the Central Vista Committee (CVC);
• “Approval” by the Delhi Urban Art Commission (DUAC) as per the DUAC Act, 1973;
• “Prior approval” by the Heritage Conservation Committee (HCC) under Building Byelaws for Delhi, 2016.”
• Exercise of power by central government under DDA (Delhi Development Authority) Act, 1957.
• Environmental Clearance (EC) recommendation for the project by the Expert Appraisal Committee (EAC).

SC in its judgment also made a statement regarding the limits on its powers. As per the bench, development policies of the Government of the day must be debated in the Parliament. The role of the Court is limited to examining their constitutionality and not to govern.

Further, it asks for the creation of smog towns and deployment of smog guns to mitigate the pollution from construction materials and directs that waste management at the site be subjected to constant monitoring. 

What were the issues raised in the petition challenging Central Vista Project?

Supreme Court was hearing the petition on the following main grounds, put forward by the petitioner:

1. Change of land use: DDA in its notification made changes in the land use to facilitate the use of public open spaces such as a district park and children’s play area for the use of government office.
2. Violations of municipal law: consultation with Delhi Urban Commission (DUAC) had to be completed at the plan conception stage itself.
   1. In the absence of a comprehensive consultation, the approvals were granted without proper application of mind.
3. Violations of environmental law: Parliament building was granted environmental clearance from the Ministry of Environment, Forests & Climate Change without any Environment Impact Assessment (EIA).
4. Change in heritage Status: Heritage Conservation Committee allowed the demolition of post-independence constructions by redefining the ‘Heritage status’.
5. Central Vista Committee(CVC): As per the petitioner, CVC was set up to rush the approvals and it consists of the members, who were proponents of the central vista project. Thus, there is an apparent conflict of interest. 

For more Info. on Issues: Issues with Central Vista Project

What is Central Vista and Central Vista Redevelopment Project?

History of Central Vista development

• Britain’s King George V on December 12, 1911, at his coronation announced the transfer of the seat of the Government of India from Calcutta to the ancient Capital of Delhi.
• This 20 years-long project of Central Vista development was led by architects Edwin Lutyens and Herbert Baker. It was completed in 1927 and inaugurated by Viceroy Lord Irwin.
• Central Vista is 3.2 kilometre area in Delhi housing Parliament House, Rashtrapati Bhavan, North and South Blocks, Rajpath, India Gate, National Archives and the then princes’ houses around India Gate.
• In the 1962 Master plan of Delhi, site was declared a heritage precinct as an “important site to meet the aspirations of a rich culture”.

About the Central Vista Redevelopment Project

• Project was announced by Ministry of Housing and Urban Affairs in 2019 as a redevelopment project to give a new identity to the ‘power corridor’ of India.
• Redevelopment project includes
  • Construction of a new parliament next to existing one,
  • Prime minister and vice-president’s residences along with 10 building blocks that will accommodate all government ministries and departments.
  • Revamping of the 3-km-long Rajpath — from Rashtrapati Bhavan to India Gate.
• Project will change the structure of the 86-acre area in Lutyens’ Delhi that shows off India’s iconic buildings such as South and North blocks of Central Secretariat, Parliament House, and Rashtrapati Bhavan.
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  Parliament Complex

• Complete project is estimated to cost around Rs. 20,000 crores. Of this amount, around Rs. 1000 crores is allocated for construction of Parliament Building.
• It will be a triangular-shaped Parliament building and spans across over 64,500 square metres.
• It will be able to accommodate 336 more Lok sabha members and 139 more Rajya Sabha members than the current capacity i.e. 888 Lok Sabha members and 384 Rajya Sabha members.
• Building is projected to complete by 2022, for which Tata Projects won at Rs. 861.90 crores.

Why the Central Vista redevelopment Project has been planned?

• Firstly, the Current Parliament was built in 1927 to house the legislative council and was not intended to house a bicameral legislature that the country has today. The current building will be under more stress when the number of seats to Lok Sabha and Rajya Sabha are raised.
• Secondly, the present Parliament House signifies an imperial origin, whereas India is a successful citizen-led democracy. Thus, the present parliamentary building is not in accordance with the aspirations of independent Indian citizens and the new building will stand out as an institution created by 130 crore citizens.
• Thirdly, there are international examples of building new parliamentary structures after gaining independence.
  • The Capitol Building in the USA was constructed within 25 years of the country’s independence.
  • In Brazil, the National Congress Building was constructed, almost 70 years after Independence, in 1960. 
• Fourthly, Present Parliamentary complex was built by the British on their own patterns and designs. New building’s design and interiors will capture Indian values and the rich diversity of our regional arts, crafts, textiles, architecture, and culture.
• Fifthly, World history proves that Public infrastructure projects playing a key role in reviving economies in distress. For ex; the Tokyo Tower in Japan, built after World War II, provided employment to thousands of workers, instilled a greater sense of nationalism, and contributed to the resurgence of the Japanese economy.
• Sixthly, the existing building does not conform to fire safety norms and is not earth quake proof. Water and sewer lines are also haphazard and this is damaging its heritage nature. 2001 Parliament attack is a fit example questioning the safety.

Although SC has given a green light to Central Vista Project, it also underlined the need for the significance of transparency i.e. if the relevant information is not placed in the public domain, public will be ill-equipped to understand the need and rationale behind such projects.

Government should become more transparent and try to bring in a consultation process at the initial stage of the project developments to maintain a level of confidence among people of the country.

India – Nepal relations– Present challenges and solutions 

Sources: Pax Indica, The Diplomat, RSTV Big Picture 

This article on India Nepal relations – present challenges and solutions, has been developed based on The Hindu editorial “Nepal in turmoil”. 

India and Nepal share a unique relationship, both of them share friendship and cooperation underpinned by linguistic, cultural and civilizational links, along with a wide range of commercial and economic ties, and above they are linked with extensive people-to-people contacts. 

Historical relationship between India – Nepal: 

Firstly, the bedrock of the India-Nepal relationship was the India-Nepal treaty of Peace and Friendship of 1950. Under this treaty, Nepal became the only country whose nationals required no passports to cross into India. 

Few important information of India-Nepal treaty of Peace and Friendship 1950: 

• • India-Nepal Treaty was signed after Nepal feared the Chinese threat as the Chinese occupied Tibet. The treaty has an explicit reference to threats from third countries, which both countries would tackle by cooperation. 
  • The treaty extended rights to residence, employment and purchase of property to each other’s citizens reciprocally – in other words, it extended ‘national treatment’ by each country to the other’s citizens. 

 Secondly, Buddha’s birthplace is in Nepal and also Nepal is the only other Hindu majority country in the world. So cultural and religious visits between India-Nepal is so strong. 

Thirdly, the Ministry of External Affairs termed India-Nepal relations as Roti-Beti ka Rishta (Relationship of food and marriage) as the open border enabled kinship, familial ties in the terai region. There are six million to eight million Nepalis who live and work in India, according to Indian home ministry estimates. 

Fourthly, the 1996 trade treaty resulted in the phenomenal growth of bilateral trade, which witnessed a sevenfold increase in a decade (Nepal’s exports to India increased eleven times and Indian exports to Nepal increased six times).  

Fifthly, the 2009 revised trade treaty has retained the positive features of the 1996 treaty and further enhanced bilateral trade between India-Nepal. 

Sixthly, Defence and Humanitarian relations were provided greatly by India, as Nepal is landlocked and geographically prone to disasters being situated in the Himalayan region.  

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What are the challenges in India-Nepal relations? 

India-Nepal relations often swung between two extremes much quickly. There are a few underlying reasons for it. 

Firstly, the Constitutional question on Madhesi’s: In general, Madhesi’s section of People lives throughout the southern part of the Terai region and has much closer ties with India. The challenges in this regard are, 

• • The political rights of Madhesi’s section of people were diluted in their new Constitution promulgated in 2015 which led to wider protests and blockade in Nepal led to the blocking of oil and other essential supplies. 
  • Nepal government accused India of supporting Madhesi’s and stated India is interfering in the internal matters of Nepal. Nepal raised the issue in a “trade blockade” at the UN in October 2015. But Madesi’s protest was a spontaneous movement and it had nothing to do with India. 
  • One of the foremost scholars, Professor S.D. Muni points out major challenges with the Nepal government as, 

• • • India’s fears that a Constitution drafted under assertive Maoist leadership may not be compatible with the democratic profile of Nepal. 
    • India’s also fears that the Maoists were inclined to and capable of changing Nepal’s domestic power equations. 

The recent decision of Nepal Prime Minister dissolving the lower house has created  a new political crisis altogether.  

Secondly, China’s closeness with Nepal and the Influence of China in India-Nepal relations is a cause of concern.  

• • Nepal is a landlocked state that has relied much on India for major supplies, transit and transport. India-Nepal Blockade changed the perception completely.  
  • The Nepal earthquake in 2015 was the perfect time for China to make massive investments in infrastructure like Tibet Railway, many highway projects, access to Chinese ports etc. By the end of 2016, China became the major assistance provider of Nepal. 
  • Hydel co-operation, Fuel and Humanitarian assistance from China has increased many folds. For example, China pledged to provide 1.4 million liters of fuel and planned to construct 750 MW West–Seti Dam project.  
  • Nepal also supports China’s Belt and Road Initiative and the China-Nepal relations so far is stable to some extent. 

Thirdly, the boundary dispute between India-Nepal: About 1850 km boundary line between India-Nepal faces two major boundary disputes.  

1. 1. Kalapani dispute: Kalapani is the disputed territory in the Uttarakhand state of India. The British government has set the origin of River Kali as the western border of Nepal. But the origin of the river Kali is disputed between India-Nepal. While India uses the newer British survey, Nepal wants the area to be demarcated based on the older British survey.
      New map of Nepal was notified in June 2020 with Kalapani in Nepal (Source) 
   2. Susta Dispute: Susta is another disputed territory located in the Terai regions of India. (Source) 

Fourthly, the challenges relating to the open border. The border is notoriously porous. Being provided special status to Nepal, India’s internal security faced many challenges such as 

• • The Pakistani militants using Nepalese territory as a hideout and base for infiltration into India. The Ministry of Home Affairs in its Annual Report 1999–2000 highlighted this Pakistani involvement in Nepal and its security implications in India. 
  • The Nepalese Maoists have extended support and cooperation to the Indian Maoists and carving out a Compact Revolutionary Zone, a ‘Revolutionary Corridor’ spreading from Nepal through Bihar and up to Andhra Pradesh. 
  • Apart from these the open borders have also created challenges such as pumping fake Indian currency notes, human trafficking especially young girls and women, cattle smuggling, etc. 

Thus, India’s external and internal challenges converge, and make ties with Nepal of extreme importance and swung between extremes. 

What are the solutions to improve India-Nepal relations?

Firstly, focus based approach is necessary not only in India-Nepal relations but also for other countries in the region by giving more focus towards Neighbourhood first policy.  

• • India should leverage the strategic influence, faster and effective implementation of infrastructure and development projects in Nepal.
    For Ex. Finalising the projects such as Pancheshwar multipurpose project and faster completion of cross-border rail projects such as Jayanagar-Bijalpur–Bardibas, Jogbani-Biratnagar. 
  • In 2018 Indian PM asked to shift focus on 5T’s (Tradition, Trade, Tourism, Technology and Transport) to boost the relations. 

Secondly, India can focus on “aid diplomacy” to reduce the trust deficit and also has to continue with post-earthquake reconstruction assistance. Later deepening co-operation in areas like trade, water resources, energy co-operation, etc. 

Thirdly, regarding China’s influence, Experts believe that Nepal’s nearest ports will always be in India and the Gangetic plain will remain its largest market. This is because,  

• • The economic feasibility of Chinese trans-Himalayan trade and the infrastructure projects are low, especially when the Himalayan state Bhutan supports India and Nepal is the only other Himalayan state. 
  • Though China provides access to Nepal for its seaports, they are situated more than 3,000 km away. 

All this can sum up by the words of geostrategist, Brahma Chellany. He said, “China can replace India as Nepal’s main provider of essential supplies only by moving the Himalayas southward”. But the ability of the Chinese in project implementation and financial assistance cannot be under estimated. 

Fourthly, establishing a permeant mechanism to reduce the disasters caused by floods in the regions of India-Nepal. 

Fifthly, Mutual respect is the key: The Nepal government has to move away from narrow terms and shift focus towards broadening and inclusion of demands from all sections of society in the Constitution. Nepal also has to stop the rhetoric on territorial nationalism and pulling out China card whenever they negotiate with India. 

Way forward:  

India-Nepal relations have all the potential to move ahead and become mutually reliable commercial and economic ties, and extensive people-to-people ties only when India and Nepal forget the avoid past mistakes and move ahead to become sustainable. 

Context: Supreme Court in its recent order stated that farmers have a constitutional right to continue with their protest.

More about judgment

• Petition: Order was delivered on the petitions seeking removal of farmers protesting at the borders of Delhi.
• Order and suggestions
  • Supreme Court in its order upheld the farmer’s right to continue their protest in a peaceful manner as a constitutional right subject to public order.
  • No restriction will be placed in the exercise of such rights as long as it is non-violent and does not result in damage to the life and properties of other citizens.
  • SC suggested farmers engage in talks with the government for positive conclusion and formation of an “impartial and independent committee” of experts in agriculture to hear both farmers and the Union government on the laws.

A few examples of important peaceful protests in India  

• Power of peaceful protest was taught to the country by the father of the Indian nation, Mahatma Gandhi, against the mighty British Empire.
• People not only signed writ petitions but staged dharnas, held large public meetings, peaceful protests and demonstrations and even, for instance in Gandhi’s satyagraha, launched civil disobedience movements.
• After Independence, many peaceful protests took place, but one of the biggest were protests during an emergency in the 1970s when democracy in India was threatened due to authoritarianism of government.
• Movements such as Chipko movement (1973) in the upper Alaknanda valley took place for forest conservation.
• During the movement of Anna Hazare against corruption, thousands participated in the peaceful protests.

What are the Constitutional provisions ensuring the right to protest?

The right to protest, to publicly challenge and force the government to answer, is a fundamental political right of the people that flows directly from a democratic reading of various provisions of Article 19.

Right to Protest is protected under Article 19(1) (a), Article 19(1) (b) and Article 19(1) (c) of the Indian Constitution.

1. Article 19(1) (a) guarantees the freedom of speech and expression;
2. Article 19(1) (b) assures citizens the right to assemble peaceably and without arms.
3. Article 19(1) (c) assures right to form associations or trade unions

Reasonable restrictions: However, like other fundamental rights, right to protest is also not absolute and also subject to reasonable restrictions mentioned under Article 19(2) and 19(3) on the following grounds;

1. In the interests of the sovereignty & integrity of India,
2. The security of the State,
3. Friendly relations with foreign States,
4. Violation of Public order,
5. Decency or morality or in relation to Contempt of court, defamation or incitement of an offence

The grounds of restrictions based on Violation of public order can be reasonable only when there is evidence that protesters will incite lawless or disorderly acts and that such acts are likely to occur.

Section 144 and right to protest in India

• Time and again, to suppress the voice of citizens or for legitimate reasons like controlling the violent protest, the government has kept on using various tools available against protests and section 144 of Cr.PC has been the biggest such tool.
• Section 144 authorises executive magistrates to pass “prohibitory orders” that restrict people from assembling at particular places to prevent breaches of public order or the triggering of violence.
• Although the law has been enacted to implement the reasonable restrictions, however, Section 144 is framed in such broad and vague terms that it can be imposed by the executive anywhere to prevent the expression of dissent through public demonstrations and protests.
• Judgments
  • In the 2012 Ramlila Maidan case, the court held that the “perception of threat to public peace and tranquillity should be real” for Section 144 to be used. The trigger cannot be “imaginary or a mere likely possibility”.
  • In Mazdoor Kisan Shakti Sangathan v Union of India, the Supreme Court held although recognised the right to protest and asked the government and police to frame guidelines but also held that the order to impose section 144 was not unconstitutional.

Supreme Court Judgements on Right to Protest:

• Ramlila Maidan Incident vs Home Secretary, Union of India (2012): The Supreme Court had stated that citizens have a fundamental right to assembly and peaceful protest which cannot be taken away by an arbitrary executive or legislative action.
• Mazdoor Kisan Shakti Sangathan (MKSS) vs Union of India(2018): In this case, SC upheld the fundamental right to assembly and peaceful protest but ordered it to be regulated in such a way that they do not cause inconvenience to residents from Jantar Mantar road or the offices located there.
• Shaheen Bagh Judgement:
  • The court upheld the right to peaceful protest against a law but made it clear that public ways and public spaces cannot be occupied and that too indefinitely.
  • The right to protest in a public place should be balanced with the right of the general public to move freely without hindrance.
  • Fundamental rights do not live in isolation. The right of the protester has to be balanced with the right of the commuter and has to co-exist in mutual respect.

What is the significance of the right to protest?

• Firstly, Right to protest is an essential element of democracy to bring about reforms and lead to the development of the country.
• Second, Protesting against injustice is not only a constitutional right of the citizens but also their moral duty.
• Third, Active exercise of Right to protest ensures people’s role as watchdogs that constantly monitors government’s acts and ensure fairness in them.
• Fourth, it is the biggest weapon of people when the government in a democratic country becomes unresponsive and refuse to listen to them.

Peaceful protest is a fundamental right and the lifeline of democracy, without which there would be very less accountability left with the ruling government and every citizen has to wait for the election to vent out their anger against it. But reasonable restrictions are also very important so that peaceful protests do not turn into violent and lead to loss of lives and property.

However, it should not be made an excuse to suppress every form of protest as it is the prime duty of every government to protect the ideals of the constitution.

This article on NFHS-5 results has been developed based on the Indian Express Article under the title ‘Give children weight’ that appeared in the news on 17^th December 2020.

Situation of Nutrition in India as per NFHS-5 survey and other measures

• As per the National Family Health Survey 2015-16 (NFHS-4), 35.7 per cent children below five years were underweight in India compared to Bangladesh (22 per cent) and Nepal (27 per cent). 38.4 per cent were stunted.
• Now as per early estimates of National Family Health Survey 2019-20 (NFHS-5), between 2015-16 and 2019-20,  in 7 out of 10 major states for which data has been released, the proportion of underweight children increased.
• Present data estimates stunting in 36 per cent of children and 34 per cent of children are underweight.
• Some improvements have been seen in determinants of malnutrition such as access to sanitation, clean cooking fuels and women’s status
• The Global Hunger Index 2020 report has given India the 94th rank among 107 countries, much behind Bangladesh, Pakistan, and Nepal.
• As per a UN-FAO report, 194 million people go hungry every day in India, comprising about 23% of the world’s undernourished population.

What are the implications of NFHS-5 Survey estimates?

• Present data suggest that child nutrition in India has not progressed in last 5 years. Particularly, stagnation of stunting rates is alarming, as Height, unlike weight, cannot be reversed in short period of time and becomes permanent after a certain age.
• Stunting in childhood is associated with serious impairments later in life, including lower school achievements.
• Moreover, present data represent the picture before the advent of COVID pandemic. There is a high possibility that child nutrition has deteriorated as several surveys have pointed out severe food insecurity across India in 2020.
• As per the latest survey by Hunger Watch, 2/3^rd of the respondents that are adults from India’s poorest households were eating less nutritious food today than before the lockdown.
• Mid-day meals in schools and anganwadis were discontinued after lockdown and not resumed yet. Some of the states tried to make arrangement like distribution of cash or “take-home rations”, but were not adequate.
• Prolonged closure of anganwadis and schools might have resulted in massive disruption of routine health services — including immunisation.

What are government initiatives for improving nutrition in India?

• The Integrated Child Development Services provides cooked meals and take-home rations to 100 million children under the age of six, as well as to pregnant and lactating mothers.

• The mid-day meal programme in schools takes care of the nutritional requirement of school-going children.
• POSHAN abhiyan: It is India’s flagship programme to improve nutritional outcomes for children, pregnant women, and lactating mothers.

What are the criticisms against government policies?

• Central budget for mid-day meals (Rs 11,000 crore) is lower than what it was in 2014-15 (Rs 13,000 crore). Central allocation for ICDS is also lower today than it was six years ago.
• Poshan Abhiyaan, government’s flagship programme for child nutrition, has been allocated a minuscule budget of Rs 3,700 crore.
• In many states, on the one hand, political parties opposedinclusion of eggs in mid-day meals and take-home rations, on another hand, maternity benefit were restricted to one child per family and Rs 5,000 per child against Rs. 6,000 per child under the NFSA 2013.

What should be done?

The present government needs to allocate more resources for improving the nutrition level among children. The budget should have been increased or kept at the same level.

• Revival of present structure: The forthcoming Budget, for 2021-22 should have adequate provision for increasing nutrition level in the country and Mid-day meals in schools and Anganwadi centers must be revived as soon as possible.
• Nutritious products such as eggs with a fruit option or such for vegetarians should be included in mid-day meals and take-home rations for young children and pregnant women.
• Maternity benefits must be extended to all children with an increase in benefits beyond outdated Rs 6,000 per child.
• Upgradation of anganwadis: ICDS programme must be upgraded and the manpower of 14 lakh anganwadis should be utilised in a way to transform anganwadis into vibrant child development centers at the village level as been done in some southern states along with states like Himachal Pradesh and Odisha.
• Inclusion of pulses: World Food Programme (WFP) includes 60 grams of pulses in its typical food basket, alongside cereals, oils, and sugar, and salt and according to the Global Pulse Confederation, pulses are part of a healthy, balanced diet and have been shown to have an important role in preventing illnesses such as cancer, diabetes, and heart disease. Thus, Pulses should be included in the PDS of India.
• Access to finance and innovations: Inclusive access to finance to strengthen and expand rural supply chains is also crucial. Small landholders need access to financial resources, technology, and innovation to ensure that the produced food reaches from farm to fork.

Present children are the future of our country and a healthy mind resides in a healthy body. As shown in the NFHS-5 survey, more than 1/4^th of underweight children may prove to be the biggest obstacle in becoming a $5 trillion economy within a few years. Global economic and military superpower and require urgent attention.

Amid the controversies surrounding the Central Vista Project, the PM of India laid the foundation stone of the new Parliament building. Objections were raised against the project due to the land-use changes and environmental clearances issue to the project by authorities. The matter is being heard by the Supreme Court.

In its recent order, the Supreme Court barred the government from any further activities related to the Central Vista Project and reserved the judgment. In its judgment, SC stated no construction, demolition, or chopping of trees should take place at the Central Vista project. However, SC allowed the government to lay the foundation stone of the project and carry on paperwork.

About Central Vista Project

The present Parliament building was inaugurated in 1927. It was having three halls, the Chamber of Princes, State Council, and Central Legislative Assembly, known as Library Hall, Rajya Sabha, and Lok Sabha respectively in the post-Independence era. Two floors were added in 1956 to accommodate the enhanced requirements.

Central Vista project includes the construction of triangular Parliament building, common Central Secretariat and revamping of the 3-km-long vista or Rajpath — from Rashtrapati Bhavan to India Gate.

Features of New Parliamentary building

• New Parliament Building Complex, will be of triangular shape, spreading over 64,500 square meters with the capacity of housing 1,224 Members of Parliament. By 2024, there will be a chamber for every MP.
• It will have a grand Constitution Hall showcasing an original copy of the Constitution.
• The Central Vista project has a work completion deadline of 2024 and the new Parliament building complex is expected to be complete by 2022 to commemorate 75 years of India’s Independence.
• The building will be energy efficient and accessible to all.
• The Lok Sabha and Rajya Sabha Halls will have high-quality acoustics and audio-visual facilities, improved and comfortable seating arrangements, effective and inclusive emergency evacuation provisions, with high-level security for the members.
• There will be Seamless access between the current and new Parliament buildings, the Chamber for Members, the Parliament Annexe, and Library buildings will form a legislative enclave, which will stand as an iconic and modern colosseum of democracy.

What are the issues raised against Central Vista Project?

Notification for the project was issued in April and cleared by the environment ministry’s Expert Appraisal Committee immediately when the country was suffering from COVID Pandemic. Critics called the project ill-timed with several loopholes in the approval process were pointed out.

Lack of transparency

• As per the reports, planning for the project is ongoing since 2015, but behind the curtains. There is no information about the tender issued or either the process followed, or the criteria for selection of companies building it. There was no exhibition of the proposed buildings was held, no data revealed, no models or drawings displayed.

Changes in heritage status

• Central Vista has been accorded the highest Grade 1 heritage status by the Unified Building Bye-Laws of Delhi. Grade 1 classified buildings cannot be changed, and “no intervention can be made unless it is in the interest of strengthening and prolonging the life of the buildings”.
• However, later on, Heritage Conservation Committee made a distinction between pre-Independence and post-Independence buildings to redefine the status of ‘heritage’, allowing the demolition of post-independence constructions, built by Indian architects and engineers in the 60s.
• It effectively, allowed the demolition and replacement of buildings like Krishi Bhawan, Udyog Bhawan and Rail Bhavan, in addition to the National Museum and the Indira Gandhi National Centre for the Arts (IGNCA). 

Land Use Changes

• In 2020 Delhi Development Authority made changes in the land use to facilitate the use of public open spaces such as a district park and children’s play area be changed for use as government offices.
• Before notification, there was a 60/40 split between public/ semi-public (60 per cent) use including museums, galleries, centres of arts, national library, (the Delhi) high court, etc., and government use (40 percent).
• After notification, it was changed to 95 percent for government use and 5 Percent for public and semi-public use.  

Environment clearance

• On April 22, the new Parliament building was granted environmental clearance from the Ministry of Environment, Forests & Climate Change without any Environment Impact Assessment (EIA).

Cases filed

• Rajeev Suri vs. the Union of India —was filed in the Delhi High Court in March 2020 against this land-use change and another petition was filed regarding violations of the heritage status of Central Vista.
• The petitions were transferred to the Supreme Court and are now in the apex court’s domain.

Why new Parliament complex is required?  

• Firstly, the Current Parliament was built in 1927 to house the legislative council and was not intended to house a bicameral legislature that the country has today. The current building will be under more stress when the number of seats to Lok Sabha and Rajya Sabha are raised.
• Secondly, the present Parliament House signifies an imperial origin, whereas India is a successful citizen-led democracy. Thus, the present parliamentary building is not in accordance with the aspirations of independent Indian citizens and the new building will stand out as an institution created by 130 crore citizens.
• Thirdly, there are international examples of building new parliamentary structures after gaining independence.
  • The Capitol Building in the USA was constructed within 25 years of the country’s independence.
  • In Brazil, the National Congress Building was constructed, almost 70 years after Independence, in 1960. 
• Fourthly, Present Parliamentary complex was built by the British on their own patterns and designs. New building’s design and interiors will capture Indian values and the rich diversity of our regional arts, crafts, textiles, architecture, and culture.
• Fifthly, World history proves that Public infrastructure projects playing a key role in reviving economies in distress. For ex; the Tokyo Tower in Japan, built after World War II, provided employment to thousands of workers, instilled a greater sense of nationalism, and contributed to the resurgence of the Japanese economy.
• Sixthly, existing building does not conform to fire safety norms and is not earth quake proof. Water and sewer lines are also haphazard and this is damaging its heritage nature. 2001 Parliament attack is a fit example questioning the safety.

Conclusion

Central Vista Project should be presented as the project fulfilling the aspirations of people, not something imposed on the people. All the valid concerns should be taken into account and proper assessment should be carried out to ascertain that the project will not have any negative impact.

About Paris Agreement (COP 21)

• As the Kyoto Protocol ultimately failed to induce significant emission reductions on a global scale, the Paris Agreement was adopted at the COP21 held in Paris.
• It aims to strengthen the global response to the threat of climate change and specifies long-term goals regarding global average temperatures, adaptation to climate change, and finance flows

Key differences between the Kyoto Protocol and Paris Agreement

Key aspects of the Paris agreement

Goals:

1. Temperature: hold warming below 2°C above pre-industrial levels with effective efforts to limit warming to 1.5°C
2. Adaptation: Increasing the ability to adapt to the adverse impacts of climate change and foster climate resilience and low greenhouse gas emissions development
3. Low Emission Finance flows: Making finance flows consistent with a pathway towards low greenhouse gas emissions and climate-resilient development

Approach:

Intended Nationally Determined Targets: Unlike, the Kyoto Protocol, the Paris Agreement gives flexibility to both developed and developing countries to determine their own targets. The INDCs set out each country’s plan for addressing climate change, including a target for reducing GHG emissions, and how the countries intend to achieve that target.

Development after the Paris agreement

1. COP22: The COP22 was held in Marrakech, Morocco in 2016 to discuss and implement plans about combatting climate change in the lines of the Paris Agreement
2. COP23: COP 23 was held in Bonn, Germany in 2017. A major outcome of the COP was the Talanoa Dialogue. It is an inclusive and participatory process that allows countries, and non-Party stakeholders, to share experiences and showcase best practices in order to urgently raise ambition in nationally determined contributions (NDCs).
3. COP 24: COP 24 was held in Katowice, Poland in 2018. The biggest achievement was the adoption of the Paris Rulebook which establishes the rules and processes needed to provide the operational guidance for fulfilling the ambition of the Paris Agreement.

What are the positive developments in the Paris Agreement?  

India’s performance in CCPI: In a recently released Climate Change Performance Index (CCPI), India ranked high along with the European Union and the United Kingdom and remained in the top 10 for the second time in a row.

• India has received a High ranking on all CCPI indicators except ‘renewable energy’

US re-joining Paris deal: As per the reports, US president-elect Joe Biden has announced that he will issue an executive order to re-join the Paris Agreement on his first day in office on 20 January 2021. With this signature, all 197 signatories to the United Nations Framework Convention on Climate Change will have ratified the historic deal.

In June 2017, President Donald Trump announced U.S. exit from the Paris Climate Deal, but the withdrawal only took effect in November 2020.

China’s Commitments: China has announced significant climate change announcements at the virtual UN General Assembly in New York.

• China would become carbon net-zero by the year 2060.
• China has made a small but important change in China’s already committed target for letting its emissions “peak”, from “by 2030” to “before 2030”.

It is significant as China is the biggest emitter in the world with accounting for around 30 percent of global GHG, followed by the US, EU, and India.

• Success Stories:
  • In total, eight international jurisdictions have made good progress since 2015, including Ethiopia, Morocco, India, European Union, Canada, Chile, Costa Rica, and Argentina.
  • An increasing number of countries are adopting net zero emissions targets. Some, like the UK, have dumped coal, and are well on the way to achieving those targets.

Challenges in achieving Paris agreement targets

Climate Action Tracker is an independent scientific analysis produced by two research organizations tracking climate action since 2009. It monitors 32 countries, accounting for more than 80 percent of global emissions.

Countries like the Russian Federation, Saudi Arabia, the United Arab Emirates, and Indonesia have either made no progress since 2015 or having highly insufficient targets.

Today, Australia’s emissions are at a seven-year high, and continue to rise with the setting up of new coal and gas projects.

In 2018, Brazil recorded the world’s highest loss of tropical primary rainforest of any country — 1.3 million hectares — largely in the Amazon.

India’s Intended Nationally Determined Contribution (INDC)

• To reduce the emissions intensity of GDP by 33%–35% by 2030 below 2005 levels;
• To increase the share of non-fossil-based energy resources to 40% of installed electric power capacity by 2030, with help of transfer of technology and low-cost international finance including from Green Climate Fund (GCF).

• Increase renewable energy generation to 175 GW by 2022;

• To create an additional (cumulative) carbon sink of 2.5–3 GtCO₂e through additional forest and tree cover by 2030.

India’s progress against objectives

India’s per capita emission from fossil fuels (in 2017) is by far the lowest among major economies, i.e.

• The US: 15.74 MT
• China: 7.72 MT in China
• The EU: 6.97 MT
• India: 1.83 MT carbon dioxide (CO2)

Climate Action Tracker website has rated its climate efforts as “2-degree compatible”, making India the only major economy to achieve such high rating.

As per the report released by a coalition of 14 global think tanks including TERI, India is the only country among G-20 nations that is on track to meet its climate change mitigation commitments of 2 degrees Celsius under the 2015 Paris Agreement:

• The target of achieving 40% of power from renewable sources by 2030 is likely to be achieved several years in advance. Non-fossil sources accounted for about 37 percent of India’s power capacity, as of September 2019.
• India is actively reducing the component of coal-based thermal power in its energy mix.
• India’s forest and tree cover has increased by only 5,188 km2 , yielding a 42.6 million tonne carbon sink increase.

India’s intiatives against Climate Change

National Action Plan on Climate Change (NAPCC): This action plan aims to provide a low carbon development path for India. The plan has eight missions, focusing on solar, energy efficiency, sustainable habitat, water, ecosystems, forest cover, sustainable agriculture, and climate research.

ISA: Indian entered into International Solar Alliance with France, in 2015 at UNFCCC CoP 21 Paris, France with an aim of collaboration on the development of solar energy resources among solar resource-rich countries to address their special energy needs.

India’s draft National Forest Policy calls for a minimum of one-third of India’s total geographical area to be under forest or tree cover and supports the NDC target of creating an additional (cumulative) carbon sink of 2.5–3 GtCO₂e by 2030.

While India still relies on coal, its renewables industry is making huge leaps forward, with investments in renewable energy topping fossil fuel investments.

National Solar Mission aims to install 100 GW of solar energy by 2022, which is part of India’s long-term goal to install 450 GW of renewable energy by 2030.

BS VI emission norms: India adopted BS VI vehicular and fuel emission standards as a part of its Auto Fuel Policy. Effective April 2020, India now has ultra-low sulfur fuel (10 ppm) in use across the country. The BS VI emission norms for 2-wheelers are also among the most stringent in the world

FAME-II Scheme: Scheme provides Rs. `10,000 crore ($1.4 billion) for demand incentives, charging infrastructure subsidies, and battery storage manufacturing Spanning over three years from 2019 to 2022. India has a target of 30% share of electric vehicles (EV) in new sales for 2030.

National Electric Mobility Mission Plan 2020 aims to subsidize the cost and facilitate the sale of 6 to 7 million hybrid and electric vehicles over five years. To strengthen battery storage, the National Mission on Transformative Mobility and Battery Storage is designed to support the battery and EV component manufacturing.

National Mission for Enhanced Energy Efficiency (NMEEE) aims to improve efficiency in industry and implement demand-side management programs. The main program, the Perform Achieve Trade (PAT) scheme, establishes an energy trading program for high emitting industries – cement, aluminum, steel, iron, textiles, and paper and pulp.

Conclusion

Renewable energy is the key to unlocking rapid decarbonization. It already supplies more than 26 percent of global electricity generation and its costs are dropping rapidly. To accelerate this fundamental transition, more governments need to adapt and improve policies that enable renewable technologies to be rolled out faster.

Aggregation of the NDCs of countries do not add up to keep temperatures within the 2 degrees C limit. Much more action on GHG reduction, the introduction of green technologies, and adaptation are needed.

How India-Canada ties evolved? What are the challenges and opportunities exist in India-Canada ties?

This article is based on The Hindu Article “India summons Canadian High Commissioner; issues demarche over Trudeau’s remarks”

Relevance:

Recently Canadian Prime Minister expressed his views on Indian farm Bills and supported farmer’s protest. Similarly, Canadian PM’s coalition partner also praised the farmer’s protests in India.

Days after Canada Prime Minister Justin Trudeau came out in support of protesting farmers, India summoned the Canadian envoy Friday and warned that such “actions”, if they continue, will have a “seriously damaging impact” on bilateral ties.

How India-Canada ties evolved after Independence? (Source)

• Canada and India have longstanding bilateral relations built upon shared traditions of democracy, pluralism and strong interpersonal connections.
• This is complemented by economic engagement, regular high-level interactions and long-standing people-to-people ties.
• In 1948 when Canada supported a plebiscite, followed by a ceasefire, in the Indian state of Kashmir.
• Canada opposed India’s nuclear tests: In the aftermath of the nuclear tests, India’s relations with Canada deteriorated to some extent.
  • India’s reluctance to accede to the Non-Proliferation Treaty (NPT) and the Comprehensive Test Ban Treaty (CTBT) the widened gulf between New Delhi and Ottawa for many years.
• Canada is home to one of the largest South Asian communities abroad, with approximately 5.6% of Canadians being of Indian heritage (1.9 million people).
• They are highly educated, affluent and industrious PIOs, and well-integrated with the mainstream politics of Canada.
• This is acts as a double-edged sword in India-Canada relationship.
• All these made India-Canada relations as long standing but not without challenges

What are the areas of co-operation between India and Canada? (Source )

• Trade and Economy:
  • India is Canada’s 9th largest export market
  • India exports include gems, jewellery and precious stones, pharmaceutical products, readymade garments, light engineering goods, iron & steel articles, etc.
  • India’s import from Canada include pulses, newsprint, wood pulp, asbestos, potash, iron scrap, copper, minerals and industrial chemicals, etc.
  • Indian companies have invested especially in the IT, software, steel and natural resources sectors.
• Various MOU’s between India and Canada has been signed in sectors such as
  • Agriculture
  • Civil Aviation and Railways
  • Double taxation etc,
• Cooperation in Energy sectors
  • India and Canada signed a Nuclear Cooperation Agreement (NCA) in 2010 for which a Joint Committee on Civil Nuclear Cooperation was constituted by both the countries.
  • In 2015 when Indian PM visited Canada, Uranium supply deal has been signed.
  • Energy co-operation agreements were signed in 2018 when Canadian Prime Minister visited India.
• Education Sector:
  • In 2018, India was the largest source of international students for Canada’s universities, colleges and schools.
  • Over 100,000/- Indian students study in Canada. To protect the interests of students a MOU on Cooperation in Higher Education has been signed in 2010.
  • IC-IMPACTS (the India-Canada Centre for Innovative Multidisciplinary Partnerships to Accelerate Community Transformation and Sustainability) is a research centre dedicated to the development of research collaborations between Canada and India.
• S&T and Space:
  • ISRO and CSA (Canadian Space Agency) have signed MOUs for cooperation in the field of exploration and utilization of outer space and two Implementation Arrangements specifically addressing satellite tracking and space astronomy has also been signed.
  • ANTRIX, the Commercial arm of ISRO has launched many Canadian Satellites.
• Indian Diaspora
  • The Diaspora is well represented in federal Parliament and provincial legislatures.
    For ex. New Democratic Party, one of the coalition party of present Canadian government is headed by a person of Indian Origin (Jagmeet Singh).
• Both the country also formed various organisations such as Canada – India Parliamentary Friendship Group (CIPEG), Canada India Business Council (CIBC), Canada India Foundation (CIF), Indo-Canada Chamber of Commerce (I-CCC) for strengthening India-Canada Co-operation.
• Canada and India are undertaking bilateral negotiations toward both a Comprehensive Economic Partnership Agreement and a Foreign Investment Promotion and Protection Agreement (FIPA) at present

Challenges in India – Canada relationships: (RSTV Big Picture)

Though India and Canada have long standing relationships, the co-operation never achieved its full potential because of various reasons.

• Khalistani separatist factor:
  • It is the single most important challenge between India and Canada ties.
  • Sikhs constitute a significant proportion of the Indian diaspora; they make up little less than one percent (a little over 500,000) of Canada’s total population and few leaders in Canada support Khalistan movement to large extent for electoral gains in Canada.
  • The Ontario Provincial Parliament adopted a resolution terming the 1984 anti-Sikh riots as ‘genocide’ and many other Canadian leaders also support that even today.
  • During recent Canadian PM visit to India, a controversial picture where former Sikh separatist Jaspal Atwal has surfaced in news.
  • Canadian government usually try to balance the Sikh assertions and government’s India policy. This makes India Canada relationship at stake.
  • It is also the reason for recent Canadian PM’s support to Indian farmer’s protest.

• Trade Relations:
  • Though both the countries are involved in Trade for long time the trade deals are “always underperformed” said by Ministry of External Affairs, India.
  • Feminisation of Canadian Trade Policies
    Canadian Government put in gender clauses in the trade pact. Though it is revolutionary, but in countries like India it was seen as a non-tariff barrier.
    For Ex. Canadian Trade agreement with Chile has entire Chapter devoted to women.
• Bilateral agreements: Comprehensive Economic Partnership Agreement (CEPA) and Investment Promotion and Protection Agreements (BIPPA), have been in negotiation for long time and no progress is reached by both the countries.
• Strategic Location:
  • Canada surrounded by developed Western countries does not clearly understand India located with hostile neighbours like China and Pakistan.
  • The terms and conditions have heavily tilted towards developed countries and Indian interests are not considered seriously so far.

Solutions:

• Canada has to understand and remove Feminisation clause in trade pacts or give more time to countries like India to complete the terms associated.
• Canada is one of the most advanced country in terms of Renewable Energy. India with its focus of Renewable energy targets in Nationally Determined Contributions has to strike a deal or MOU regarding renewable energy.
• Infrastructure and transport sectors, are potential areas of cooperation and investment. India’s ambitious ‘smart cities’ initiative creates opportunities for Canadian firms like Bombardier etc.
• In 2017 Canadian government announced that Canada will take in 1 Million more Immigrants. With US and few other Western Countries are turning down migrants, Canada turned as an alternative destination for Indians and India has to leverage that.
• Canadian Energy reserves: According to World Oil Outlook Report, India’s oil demand will double by 2040. Canada’s Oil and Liquefied Natural Gas (LNG) resources offer better alternative towards Indian demands.
• Convergence over China factor: Canada recently stated to diverge its trade relations and opposed China’s diplomacy. India has a potential to become a trade supplier.

Way forward:

There is enough potential for both, India and Canada to boost the cooperation and take their relations to next level. But it requires Canadian effort by widening their Indian perspective. This can happen if India by diverting the talks from politically contentious issues

News: Cyclone Burevi has weakened into a deep depression as its interaction with a landmass in Tamil Nadu has slowed its movement and intensity.

Cyclonic disturbances are rapid weather systems, which include weather depressions, deep depressions, and tropical cyclones (of severe, very severe, extremely severe, and super cyclonic storms depending on their intensity).

What is Tropical cyclone Burevi ?

Tropical cyclones are violent storms that originate over oceans in tropical areas and move over to the coastal areas bringing about large-scale destruction caused by violent winds, very heavy rainfall, and storm surges.

Cyclones create a whirl in the atmosphere with very strong winds circulating around it in an anti-clockwise direction in the Northern Hemisphere and in a clockwise direction in the Southern Hemisphere.

The pressure gradient falls towards the center from all directions and therefore winds try to converge towards the center from all directions. The air blows inwards in an anticlockwise direction in the northern hemisphere and clockwise in the southern hemisphere.

Conditions for formation of Cyclones

The conditions favorable for the formation and intensification of tropical storms are:

1. A consistent source of heat as tropical cyclones are thermally induced low-pressure systems.
2. Large sea surface with a temperature higher than 27° C which is possible only during the late summers i.e. September, October, and November
3. Presence of the Coriolis force.
4. Small variations in the vertical wind speed.
5. A pre-existing weak low-pressure area or low-level-cyclonic circulation;
6. Upper divergence above the sea level system.

Structure of Tropical Cyclone

The structure of a Tropical Cyclone is typically a massive cumulonimbus cloud with rapidly rising air spiraling upwards at the margins of the eye. An eye is a region of calm with subsiding air. Around the eye is the Eyewall, where strong spiraling winds ascends and the height can reach up to the tropopause.

Tropical cyclones are formed by the following parts:

Eye:  

The eye is the center of cyclones which is characterized by a calm area, sinking, and light wind. The eye is the calmest part of the Cyclone structure.

Conservation of angular momentum and centrifugal force are the reasons behind its formation.

Eyewall:

A band around the eye of the greatest wind speed, where clouds reach the highest and precipitation is the heaviest. The heaviest wind damage occurs where a hurricane’s eyewall passes over land.

Rain bands:

Curved bands of clouds and thunderstorms that trail away from the eyewall in a spiral fashion. These bands are capable of producing heavy bursts of rain and wind. Sometimes gaps are found between spiral rain bands, where no impact (wind or rain) of cyclones are found.

Formation of Tropical Cyclones

• As mentioned in the conditions, air temperature higher than 27° C with an abundant and turbulent transfer of water vapor to the overlying atmosphere (air) by evaporation is required for the formation of Cyclones, which is facilitated by direct insolation.
• As the low-pressure area is created over sea pockets and high pressure on the surrounding areas, air starts to flow from the high-pressure area to low-pressure pockets.
• The Coriolis force causes the wind to spiral around a low-pressure area. As the presence of Coriolis force is negligible in the equatorial belt between 5 degrees north and 5 degrees south latitudes, hence cyclonic systems do not develop in this region.
• Heated sea surface starts to heat the air over that leading to air moving up and away from the ocean surface due to convection, it leaves less air near the surface. Cool Air from the surrounding areas rushes towards the empty area to fill it, which after reaching there gets heated and picks moisture and starts rising upwards. It creates the cycle of air moving in and up.
• As the moist air rises up, it starts cooling with the altitude (temperature falls with the height), and the process of condensation starts. It results in the release of the latent heat of condensation. The latent heat of condensation is what drives the storm and leads to the formation of clouds.
• The energy that intensifies the storm, comes from the condensation process in the towering cumulonimbus clouds, surrounding the center of the storm (Eye).
• With the increasing altitude, the air cools down to an extent at tropopause where it fails to rise any further and starts to diverge outside horizontally.
• The whole system of clouds and wind spins and grows, fed by the ocean’s heat and water evaporating from the ocean surface. As the storm system rotates faster and faster, an eye forms in the center.
• A mature tropical cyclone is characterized by the strong spirally circulating wind around the center, called the eye. The diameter of the circulating system can vary between 150 and 250 km.
• Rain bands regions with cumulonimbus clouds are created, facilitating intense rainfall in that region. Cloud formation is dense at the center and density decrease towards the outside.

Conditions that slow or end Cyclones

• With a continuous supply of moisture from the sea, the storm is further strengthened. On reaching the land the moisture supply is cut off and the storm dissipates. The place where a tropical cyclone crosses the coast is called the landfall of the cyclone.
• Another condition that slowdown or ends a Cyclone is when dry, cool air is suddenly present in the system, which reduces the possibility of convection to keep the storm going.

Why More Cyclones are formed in Bay of Bengal?

There are other coastlines around the world that are vulnerable to surging storms – the Gulf Coast of Louisiana, for example – but the “north coast of the Bay of Bengal is more prone to catastrophic surges than anywhere on Earth”.

Both the Bay of Bengal and the Arabian Sea are prone to Cyclonic storms, but Cyclonic activities are more intense and frequent in Bay of Bengal Compared to the Arabian Sea

• High sea surface temperatures along with high humidity due to higher rainfall in the Bay of Bengal, triggers extremely strong cyclones.
• Sluggish winds, along with warm air currents in the Bay of Bengal keep temperatures relatively high.
• The supply of constant inflow of fresh water from the Ganga and Brahmaputra rivers makes it impossible for the warm water to mix with the cooler water below.
• Cyclonic winds easily move into the Bay of Bengal due to the presence of moisture source from rivers and the absence of any large landmass unlike the Arabian Sea, where Cyclones usually weaken due to the presence of Western Ghats.
• Whereas Arabian Sea receives stronger winds that help dissipate the heat, and the lack of constant fresh water supply helps the warm water mix with the cool water, reducing the temperature.

Classification of storms

Indian Meteorological Department (IMD), which classifies the low pressure systems in the Bay of Bengal and the Arabian Sea on the basis of capacity to damage, which is adopted by the WMO.

Benefits of Tropical Cyclones:

Although Tropical cyclones are known for the destruction they cause, when they strike, they also bestow certain benefits to the climatic conditions of that area such as

• Relieve drought conditions: By bringing rain to the coastal areas, cyclones relieve the drought-like conditions in the surrounding areas.
• Maintain equilibrium in the Earth’s troposphere: They Carry heat and energy away from the tropics towards temperate latitudes, thus helps in maintaining an equilibrium of the troposphere.
• Cyclones help in maintaining a relatively stable and warm temperature worldwide.

Causes of destruction caused by Cyclones:

There are three elements associated with cyclones that cause destruction during its occurrence. These are:

Strong Gusts/Squall:

• • These are very strong winds that accompany a cyclonic storm damages installation, dwellings, communications systems, trees, resulting in loss of life and property.

Torrential rains and inland flooding:

• Torrential rainfall (more than 30 cm/hour) associated with cyclones is another major cause of damages.
  • Unabated rain gives rise to unprecedented floods.
  • Rain is a serious problem for the people which become shelterless due to cyclone.
  • Heavy rainfall from a cyclone is usually spread over a wide area and causes large-scale soil erosion and weakening of embankments.

Storm Surge:

• It can be defined as an abnormal rise of sea level near the coast caused by a severe tropical cyclone;
  • Seawater inundates low-lying areas of coastal regions drowning human beings and life stock, causes eroding beaches and embankments, destroys vegetation, and leads to a reduction of soil fertility.

Apart from these Cyclones also create destructions such as:

• • Sudden Change in Regional climate: The ability of cyclone to bring in warmer air is high. So, the elderly and children in those areas have a high vulnerability to develop heat-related problems such as heat strokes.
  • Loss of Livelihood: The majority of the coastal people generally depend on fishing which is completely halted by cyclones.
  • Loss of economy: The economic loss is in multifront from infrastructure loss, relief packages to people, etc.

Government Initiatives:

• Government is carrying out a National Cyclone Risk Mitigation Project (NCRMP) with the help of the World Bank to upgrade cyclone forecasting, tracking, and warning systems in India
• Government is also implementing the Integrated Coastal Zone Management Project (ICZMP) to improve national capacity for the implementation of comprehensive coastal management in India.
• Government also separated Structural(includes construction) and non-structural measures for effective disaster management of cyclones
• Solutions:
• The government should consider the NDMA Guidelines for the management of cyclones:
• Ensemble Warning System(EWS): Establish EWS involving observations, predictions, warnings, and customized local level advice for decision-makers (national, state, district level) to manage the impact of the cyclone (Read more about EWS)
• Commissioning of Aircraft Probing of Cyclone (APC): Guidelines calls for the combination of manned and Unmanned Aerial Vehicles (UAV) for critical observational data gaps.
• Cyclone Disaster Management Information System (CDMIS): Establishing a comprehensive department for coverage of all management information and provide online services to the departments of Disaster management.
• Specifying the roles and responsibilities in institutionalizing Cyclone risk mitigation with Developmental planning.
• Community-Based Disaster Management (CBDM): Guidelines asked to launch such activities in all villages of the 84 districts vulnerable to cyclones.

Way forward:

• With the adverse Climate Change risks posted by IPCC reports the only option for India is to better preparedness for the disaster with better urban planning, community awareness, etc.

This article is based on the two Indian Express articles (links Indian Express, Indian Express) published today and in October, 2020 respectively.

Why in News

• US President Biden promises decriminalising the use of marijuana and also gave assurance to clearing out the past convictions related to it during his election campaign.
• In India also Recent case of wide spread drug usage among Bollywood actors and actresses created a wide debate on whether to legalise Marijuana or not?

 What is Cannabis?

• According to the World Health Organisation (WHO), cannabis is a generic term used to denote marijuana, hemp, weed etc and several other psychoactive preparations of the plant Cannabis sativa and other plants in Cannabis super family.
• In general Cannabis family has two major components

1. CBD (cannabidiol): It is a does not cause intoxication or psychoactive side effects and it is proven as effective chronic pain relief drug
2. Delta-9 Tetra Hydro Cannabinol (THC) is the major psychoactive constituent in cannabis

The WHO says that cannabis is by far the most widely cultivated, trafficked and abused illicit drug in the world.

How the Cannabis/Marijuana is regulated in India?

• Bhang, charas and ganja were regulated by the state excise departments and legally sold till 1985.
• In 1985 The Narcotic Drugs and Psychoactive Substances (NDPS) Act has been enacted central level commercial cultivation of cannabis by production, possession, sale/purchase, transportation, interstate import/export or any other forms is punishable. The Act has been amended three times – in 1988, 2001, and most recently in 2014.
• While CBD oil manufacturing is licenced under the Drugs and Cosmetics Act, 1940 can be legally used and sold. Some Indian websites do sell. But to purchase it one needs a prescription and many even facilitate it.
• Similarly, Bhang, ganja and charas are enlisted in the Drugs and Cosmetics Rules, 1945 for use in Ayurveda, Siddha and Unani

Important Provisions of NDPS Act:

• There are no restrictions on cultivation and procurement of cannabis for medical and scientific purposes.
• The legislature left seeds and leaves of the cannabis plant out of the ambit of the NDPS Act.
• The Act establishes Narcotics Control Bureau as the apex drug law enforcement agency and empowers them to oversee the implementation of of NDPS Act and also the other International conventions related to the it..
• For holding a small quantity, the prescribed punishment is rigorous imprisonment for up to six months, fine of Rs. 10,000 or both.
• For holding more than a small quantity but less than the commercial quantity, the prescribed punishment is rigorous imprisonment for up to 10 years, fine of Rs. 1 lakh, or both.
• For holding commercial quantity, the prescribed punishment is rigorous imprisonment for up to 10-20 years, fine of Rs. 1-2 lakh, or both.
• The Act covers three broad classes of substances:

1. narcotic drugs, that is, those covered under the 1961 UN single Convention on Narcotic drugs;
   • Hashish, resin or charas, ganja, any mixture of charas or ganja is prohibited.
   • Bhang or the cannabis leaf is excluded from the act, but regulated through state excise laws.
   • leaf; derivatives include cocaine and any preparation containing 0.1% of cocaine
   • Opium: Poppy based products, preparations with 0.2% morphine
2. psychotropic substances or those covered under the 1971 UN Convention on psychotropic substances as well as other psychoactive substances such as ketamine which are not yet classified under international conventions; and
3. “Controlled substances” that are used to manufacture narcotic drugs or psychotropic substances, for example precursor chemicals such as acetic anhydride, ephedrine and pseudoephedrine.

• ‘Manufactured substances’ category includes drugs such as Amphetamines, methamphetamines, LSD’s

What are the significant aspects of the Act?

• The Act prescribes quantity-based punishment. The Act differentiates between small and commercial quantities of various drugs such as:
  • Heroin: 5 grams-250 grams
  • Cocaine: 2 grams-100 grams
  • Hashish or Charas: 100 grams-1 kg
  • Opium: 25 grams-2.5 kg
  • Ganja: 1kg-20 kg
• The Act Criminalize people who use drugs and provide treatment for their relief from National Fund for the Control of Drug Abuse.

Why Marijuana should be legalised?

• Historic significance of Marijuana in India:
  • In later Vedic literature Atharva Veda mentions Bhang plant as one of the 5 sacred plants and usage of Bhang since ancient times is common during the Hindu festivals of Holi and Mahashivaratri.
  • Indian Hemp Drugs Commission in 1894 recommended against complete ban and found the usage as ancient and religious.
  • In 1961, India opposed the inclusion of marijuana in the UN Convention on Narcotic Drugs, citing its role in social and religious customs
• WHO study concluded Marijuana is not as unhealthy compared to alcohol and tobacco products.
  • It implies that the harms associated with marijuana use were greatly overestimated and society should respond to its use through progressive public health policies rather than ban.
• Magnitude of substance use in India: This is a survey released by the Ministry of Social Justice and Empowerment in 2019, it states that about 2.8 percent of Indians aged 10–75 years (3.1 crore people) were using cannabis in one form or other. (for source)
• Burden on Executive and Judiciary:
  • Narcotics Control Bureau investigate, interrogate and arrest people with small or miniscule amounts of marijuana and produce them in front of judiciary. It requires huge man power and state exchequer to control small or miniscule amounts of drug usage.
  • It leads to wide scope of corruption at lower level of executive which harass people even for petty crimes.
  • By legalising it India can release many young people landed in overcrowded jails whose only crime was using marijuana for fun and free up precious police time and go after the big drug mafias.
• International wave of legalization of cannabis, based on its medicinal properties and commercial utilities Ex. Uruguay became the first country to fully legalize marijuana in 2013. Then Canada followed the path.Now many states in USA legalised marijuana.

Why Marijuana should stay Illegal? (Financial Express)

• Short- and long-term side effects of Marijuana
  • Short term side effects may include a short-term memory loss, impaired motor skills, dry mouth and feelings of paranoia or anxiety.
  • In long term addiction, decreased mental ability and behavioural problems in children (when mothers used marijuana during pregnancy)
• Marijuana is a gateway drug
  • A private study found more than 40% who used marijuana also used other ‘Hard’ drugs.
• Against the Directive Principles of Article 47 which specifically calls for the prohibition of intoxicating drinks and drugs that are injurious to health
• Against International Conventions such as 1961 and 1971 UN conventions against Narcotic drugs and Psychotropic substances respectively and also International Opium Convention’ (1925).
• Difficulty in regulation: The fallouts of pharmaceutical product divergence into cattle market and drugs without prescription can continue in Marijuana too and put India’s younger generation at risk
• Not have completely proven medical records. For Ex., there is no evidence that cannabis is beneficial when used in diseases such as Crohn’s disease, sleep disorder, glaucoma, etc.

Way forward:

Instead of banning, India at present needs a progressive public health policy which control their use and reduce the harms by focusing on health education, age restrictions for buying, taxation policies, limiting the dose of the active ingredients and access to counselling for those who wish to stop is the need of the hour.

Farmer’s protests is not a new phenomenon in India, but in recent years, the frequency of protests has been increased. Major protests reported from states like Madhya Pradesh, Bihar, and UP.

A look at the timeline of farmers’ protest over the last 10 years shows that the minimum support price (MSP) for various crops has been a major grouse.

Another issue has been that of land acquisition, with farmers complaining that compensation for land acquired for industrial projects was not in tune with market rates.

Most recent protests are against the 3 farm bill enacted recently by the government:

1. Essential Commodities (Amendment) Bill, 2020: aims to provide government with the tool to regulate agri commodities.
2. Farmers (Empowerment and Protection) Agreement on Price Assurance and Farm Services Bill, 2020: aimed to provide a legal contract for farmers to enter into written contracts with companies and produce for them.
3. Farmers’ Produce Trade and Commerce (Promotion and Facilitation),(FPTC) bill 2020: aims toBreak the monopoly of government-regulated mandis and provide farmers and traders freedom of choice of sale and purchase of Agri-produce.

The major bone of contention among the 3 bills is the FPTC bill that permits sale and purchase of farm produce outside the premises of APMC mandis. Such trades (including on electronic platforms) shall attract no market fee, cess, or levy “under any State APMC Act or any other State law.

What are objections raised against FPTC bill?

• Much of government procurement at minimum support prices (MSP) takes place in APMC mandis.
• In a situation when more and more trading moves out of the APMCs, these regulated market yards will lose revenues.
• FTPC Bill is not about delivering on the promise of freedom to farmers but the freedom to private capital to purchase agricultural produce at cheaper prices and without any regulation or oversight by the government.
• APMCs though not abolished but the provisions will drive them dysfunctional gradually. It would pave the way for new capitalists based markets.
• Due to this bill, the revenue earned by the states in the form of market fees will drop drastically. About 13 percent of the total revenue earned by the Punjab government comes from these mandis.
• In India, 86 percent of farmers have a land of the size of less than two hectares, they don’t have the resources to carry their produce too far off places to sell. Thus provision allowing interstate trade of produce to farmers, is not well thought out.

Farmers want a legal guarantee that no procurement will happen below MSP anywhere in the country.

What are 2 private member Bills that can be instrumental in easing the ongoing farmer’s protest?

Kisan Union protesting at present are demanding for the enactment of 2 Private member bills, introduced in 2018.  Bills were drafted by the members of the All India Kisan Sangharsh Coordination Committee (AIKSCC), the umbrella organisation of 500 farmers’ unions across the country.

1. The Farmers’ Freedom from Indebtedness Bill 2018:
   1. obligates the govt. to waive all loans of all peasants, including landless peasants, agricultural workers, sharecroppers, fishermen which includes declaration of private loans as null and void and payment to the creditors by the govt. without any recovery from the debtors.
2. The Farmers’ Right to Guaranteed Remunerative Minimum Support Price (MSP) for Agricultural Commodities Bill 2018:
   1. Bill obligates  to regulate and decrease the cost price of farm inputs including diesel, seeds, fertilizers, insecticides, machinery and equipment
   2. To ensure through public and private purchasing agencies that the farmers get a guaranteed MSP of C2 + 50%.

Why farm protests have been highly intense in Punjab, Haryana?

• The procurement system and MSP mechanism is strong in Punjab and Haryana.
• Though the government announces MSPs for 23 crops, only wheat and rice are bought in sufficiently large quantities.
• For wheat, MSP mechanism is helpful only in the northern and central states like Punjab, Haryana and Madhya Pradesh.
• For rice, the benefit is accrued by the farmers from the states such as Andhra Pradesh, Chhattisgarh, Punjab and Haryana.
• Other states are hardly benefitted from the MSP mechanism.
• The 70th round of National Sample Survey for 2012–13 revealed that only 32.2% of paddy farmers and 39.2% of wheat growers in the country were aware of MSPs.

How MSP is determined?

The CACP determines the MSP, currently based on a formula that was prescribed by the Swaminathan Commission, a government-formed panel that had submitted several reports between December 2004 and October 2006 which set out suggestions for solving the problems faced by farmers.

The formula requires the assessment of three categories of costs:

1. A2: the actual expenses paid by farmers in cash and kind for seeds, fertilisers, pesticides, paid labour, irrigation, etc.
2. A2+FL: the A2 cost along with an adjustment for the costs of unpaid family labour (given traditional Indian farming practices involve families).
3. C2: A2+FL along with all other production costs, including loans, rentals, cost of land and other fixed capital assets, i.e. a comprehensive cost of production.

The MSP is set at a particular level above the C2 for each crop, and applies across the country. In addition to the current C2 level, the CACP also takes into account demand and supply, domestic and international price trends, inter-crop price parity and the likely implications of MSP on consumers of the crop.

How many crops are covered under MSP?

At present, MSP is provided for 23 crops

7 Cereals: paddy, wheat, maize, sorghum, pearl millet, barley and ragi

5 Pulses: gram, tur, moong, urad, lentil

7 Oilseeds: groundnut, rapeseed-mustard, soyabean, seasmum, sunflower, safflower, nigerseed

4 Commercial Crops: copra, sugarcane, cotton and raw jute

In case of sugarcane, MSP has been assigned a statutory status and as such the announced price is termed as statutory minimum price, rechristened as Fair Remunerative Price (FRP).

On the other hand MSP system is not supported by any law i.e. doesn’t have a statutory status.

How MSP benefits farmers?

MSP help in rescuing farmers from low income trap in the following ways:

1. Fixed Remunerations: The farmers are financially secured against the vagaries of price instability in the market.
2. Diversification of crops: The MSP announced by the Government of India for the first time in 1966-67 for wheat has been extended to around 24 crops at the present. This will encourage the farmers to grow these diverse crops to maximise their income.
3. Prevents Distress-Sale: Farmer rarely has surplus savings for buying inputs for the next cropping season. Access to credit (loans) is also difficult for small and marginal farmers. So, they are forced into distress-sale of produce at throw-away prices, and are not able to buy high quality seeds, fertilisers, pesticides & tractor-rent for next cropping season, which will further decrease their income from the next cycle. MSP prevents this phenomenon.
4. Helps informed decision making: Government announces MSP before the sowing season for 23 crops including cereals, pulses, oilseeds & certain cash crops. This advance information helps the farmer to make an informed decision about which crop to sow for maximum economic benefit within the limitations of his farm size, climate and irrigation facilities.
5. Acts as a benchmark for private buyers: MSP sends a price-signal to market that if merchants don’t offer higher than MSP prices the farmer may not sell them his produce. Thus it acts as an anchor or benchmark for agro-commodity market. While it doesn’t guarantee that market prices will also be higher than MSP, but atleast it ensures the market prices will not drastically lower than MSP.

How to improve MSP system in India?  

NITI aayog in its report provided with the following recommendations to improve the MSP system in India:

• Awareness among the farmers needs to be increased and the information disseminated at the lowest level so that the knowledge would increase the bargaining power of the farmers.
• Prompt payment: The delay in payment needs to be corrected and immediate payment should be ensured. For sustainability of farming prompt payment at remunerative rates should be made.
• Timing of MSP announcement: MSP should be announced well in advance of the sowing season so as to enable the farmers to plan their cropping.
• Transport and storage: More god owns should be set up and maintained properly for better storage and reduction of wastage. Transport facility (say, in the form of providing two wheelers) for Purchase Officers may be considered to help them effectively discharge their work.
• Updated criterion for fixing MSP: The criteria for fixing MSP should be current data and based on more meaningful criteria rather than C3.
• The small and marginal farmers can be provided with Procurement Centres in the village itself to avoid transportation costs.

Conclusion

it was found that the MSP has succeeded in providing floor rate for major food grains like paddy and wheat and other produces such as Gram (black & green), spices and oilseeds (groundnut, mustard, till), sugarcane, jute and cotton, and it did not allow market prices to fall below the MSP fixed for them.

Thus MSP has been very helpful in keeping agriculture in our country alive and we have been able to become self-sufficient in food grains due to it. It becomes crucial for government to provide some solid assurance to farmers that it won’t be allowed to die down.

The article is based on The Big Picture: Special Marriage Act and Indian Express Explained, Roll it back appeared in the month of November. 

Context: The Uttar Pradesh government has cleared an ordinance that enables the state to police and punish inter-faith marriages with “the sole intention of changing a girl’s religion”.

Why Uttar Pradesh drafted such an ordinance?

• In the past few months, cases of alleged “love jihad” have been reported from different parts of the state, especially eastern and central UP especially Lakhimpurkheri.
• a group of parents from a particular locality in Kanpur had complained that their daughters are being allegedly trapped by Muslim men
• In some cases, girls refused to accept that they were tempted into marriage.

Criticisms against the law

Many critics of the law have put forward a few issues regarding the law:

• Allowing the police to examine subjective “intentions” of men and women entering a marriage veers into thought control — and sets the law up for rampant abuse.
• Law against fundamental rights: By clearing the ordinance, the state government has trespassed the fundamental right to marry guaranteed under Article 21 of the Constitution. 

 Anti-conversion law at central level:

Central government proposed various bills but none of them passed and became a law. They are:

• Indian Conversion (Regulation and Registration) Bill 1954
• Backward Communities (Religious Protection) Bill 1960
• Freedom of Religion Bill in 1979

In 2015, the Law Ministry said passing of any law on religious conversion is purely a “State subject” and Central government has no role in it.

Is Uttar Pradesh being the only state to initiate law for forceful conversion?

• No, after the central government failed to pass 1960 bill, Odisha government moved on and passed the first anti-conversion law in 1968
• After that so far 10 states have had passed anti-conversion laws in India.
• The Himachal Pradesh Freedom of Religion Act, 2019, and the Uttarakhand Freedom of Religion Act, 2018, both prohibit conversion by misrepresentation, force, fraud, undue influence, inducement, allurement and ‘by marriage’.

But Uttar Pradesh has become one of the first State to pass forcible conversion only during Interfaith marriages as special legislation. States such as Haryana, Madhya Pradesh, and Karnataka have also sought to bring such legislation.

Interfaith Marriages:

• It simply means the matrimonial relation between individuals who follow different religious faiths.
• Marriage between the same faiths has been governed by the Hindu Marriage Act 1955, Muslim personal Law. But to rectify and include interfaith marriages Centre passed the Special Marriage Act 1954.
• Special Marriage Act considers Interfaith Marriages as secular.

 Judicial pronouncement regarding interfaith marriages and forcible conversions:

• The Rev Stanislaus vs Madhya Pradesh case: Supreme Court said Article 25 does provide freedom of religion in matters related to practice, profess and propagate, but the word propagate does not give the right to convert and upheld the laws prohibiting Conversion through force, fraud, or allurement.
• Based on the above case it is clear that forcible conversion or conversion through fraud and allurement is against the Right to Freedom of Religion.
• Sarla Mudgal case: The court had held that the religious conversion into Islam by a person from non-Islamic faith is not valid if the conversion is done for the purpose of polygamy.
• Lily Thomas case: In this case Court observed that marrying another woman after converting to Islam is punishable under the bigamy laws.
• Hadiya Case: Supreme Court said that the right to marry a person of one’s choice is integral to Article 21 (right to life and liberty) of the Constitution
• Allahabad High Court, in the case, Noor Jahan Begum @ Anjali Mishra and another vs. State of U.P. and Others observed that one shouldn’t change one’s faith just for the sake of matrimony. As two persons professing different religions can marry under the Special Marriage Act.
• But in the most recent judgment, Allahabad High Court itself overturned its previous judgment, calling the decision “bad in law”. The division bench of the Allahabad high court said on November 11, that judgment does not take into account the right to life and personal liberty of mature adults.

Way forward:

Based on the judicial pronouncements it is clear that the Right to marry a person belongs to another faith is a Fundamental Right but that does not have to be associated only with personal laws or religious conversions. It is the Right of the individual’s personal liberty to involve in Interfaith Marriage either by the Special Marriage Act of 1954 or by Personal laws (after getting himself converted).

News: Government has recently approved the Production Linked Incentive (PLI) scheme worth up to Rs 1.46 lakh crores for 10 sectors with an aim to make Indian manufacturers globally competitive, attract investment in India and enhance export.

The sectors under the scheme include automobiles and auto components, pharmaceuticals, telecom, and networking products, and advanced chemistry cell battery among others.

PLI scheme worth Rs 50,000 crore for large-scale electronics manufacturing (in particular, mobile phones), medical devices, and pharmaceutical ingredients was launched earlier.

Production Linked Incentive (PLI) scheme:

It proposes a financial incentive to boost domestic manufacturing and attract large investments in the electronics value chain.

Key features of the scheme:

• The scheme shall extend an incentive of 4% to 6% on incremental sales (over a base year) of goods manufactured in India and covered under target segments, to eligible companies, for a period of five (5) years with financial year (FY) 2019-20 considered as the base year for calculation of incentives.
• The Scheme will be implemented through a Nodal Agency which shall act as a Project Management Agency (PMA) and be responsible for providing secretarial, managerial, and implementation support and carrying out other responsibilities as assigned by MeitY from time to time.
• Companies that make mobile phones which sell for Rs 15,000 or more will get an incentive of up to 6 percent on incremental sales of all such mobile phones made in India.
• In the same category, for companies that are owned by Indian nationals and make such mobile phones, the incentive has been kept at Rs 200 crore for the next four years.

Intended benefits of the scheme

The scheme is aimed at:

• Incentivizing foreign companies to set up shop in India.
• Encouraging local manufacturing units to set up or expand manufacturing units.
• Reducing the dependence on Chinese imports.
• Attract Investment in cutting edge tech and manufacturing In India.
• Making India a part of the global supply chain.

What is the status of imports in India?

• Analysis of factory-level production data from the Annual Survey of Industries (ASI) shows that value addition for surveyed firms ranged from 1.6% to 17.4%, with most of the firms being below 10%. More than 85% of the inputs were imported for the majority of the surveyed firms in 2017-18.
• UN data for India, China, Vietnam, Korea, and Singapore (2017-2019), show that except for India, all countries exported more mobile phone parts than imports.
• India’s imports of mobile phone parts were 25 times the exports in 2019.
• The PMP policy increased the value of domestic production while improvement in local value addition remains a work-in-progress.

Why the shift from China is unlikely?

• India produced around 29 crore units of mobile phones for the year 2018-19; 94% of these were sold in the domestic market and the rest was exported. This means that much of the production and sales under the PLI policy will have to be for the export market.
• A study by Ernst & Young for the India Cellular & Electronics Association showed that if the cost of production of a mobile phone says 100 then the effective cost of manufacturing a mobile phone in China is 79.55, Vietnam is 89.05, and India is(including PLI), 92.51.
• It may be early to expect a major chunk of mobile manufacturing to shift from China to India as incentives under the PLI policy may not turn out to be a game-changing move.
• The PLI policy does not strengthen our current export competitiveness in mobile phones; and markets with a higher average selling price have lower volumes.
• In September 2019, Chinese Taipei contested the raise in tariffs under the PMP. If the PMP is found to be the World Trade Organization (WTO) non-compliant, then we may be flooded with imports of mobile phones which might make the local assembly of mobile phones unattractive.

Challenges faced by domestic manufacturers:

• Less presence of domestic firm: Domestic firms have been nearly wiped out from the Indian market and thus their ability to take advantage of the PLI policy and grab a large domestic market share seems difficult.
• Cheap imported material: Domestic firms may have the route of exporting cheaper mobile phones to other low-income countries but their performance has not been promising.
• For example, among the chosen domestic firms, Lava International reported exports of ₹324 crores in 2018, while Optimus Electronics exported ₹83 crores in 2018 and ₹4 lakh in 2019.
• Low Level of Participation in Global Value Chains (GVCs): India’s participation in GVCs has been low compared to the major exporting nations in East and Southeast Asia. Export growth of capital-intensive products from China has been mainly driven by its participation in the GVCs.
• Lack of integration: China’s export promotion policies since the 1990s have relied heavily on a strategy of integrating its domestic industries within the GVCs.
• Lack of competitiveness: India’s mobile phone exports grew from $1.6 billion in 2018-19 to $3.8 billion in 2019-20, but per unit, value declined from $91.1 to $87, respectively.
• Missing Profits: Despite the impressive growth of electronic products in India, the net value added by production units is very low.
• Challenges in Set-up of Foundries: Many industry experts also cite the lack of a foundry as contributing to low R&D in this sector in India, which results in poor talent retention and eventually ‘brain drain’.
• Low R & D: Domestic players have also shown low interest due to their inability to compete with tech giants in research and development (R&D) and investment.

Steps that were taken to boost manufacturing

• Scheme for Promotion of Manufacturing of Electronic Components and Semiconductors:
  • Under the scheme, a financial incentive of 25% of capital expenditure has been approved by the Union Cabinet for the manufacturing of goods that constitute the supply chain of an electronic product.
  • The SPECS notified for manufacturing of electronics components and semiconductors has a budget outlay of Rs 3,285 crore spread over a period of eight years.
  • The government estimates that the push for the manufacturing of electronics components and electronic chips will create around 6 lakh direct and indirect jobs.
• Modified Electronics Manufacturing Clusters Scheme
  • The EMC 2.0 has a total incentive outlay of Rs 3,762.25 crore spread over a period of 8 years with an objective to create 10 lakh direct and indirect jobs under the scheme.
  • The EMC 2.0 scheme will provide financial assistance up to 50% of the project cost subject to a ceiling of Rs 70 crore per 100 acres of land for setting up of Electronics Manufacturing Cluster projects.
  • Electronic manufacturing clusters to be set up under the scheme will be spread in an area of 200 acres across India and 100 acres in the North-East part of the country.

 Way forward:

• Focus on supply chain co-location: Foreign firms chosen under the PLI policy should be encouraged to co-locate their supply ecosystems in the country as the assemblers and component manufacturers move together.
  • The six-component firms that have been given approval under the ‘specified electronic components segment’ do not complete the mobile manufacturing ecosystem.
  • For example, literature shows that when Samsung set up shop in Vietnam, it relied heavily on its Korean suppliers which co-located with it to produce in-between inputs, so much so that 63 among Samsung’s 67 suppliers then were foreign.
  • Even though Samsung is invested hugely in India, it has not co-located its supply chain in the country.
• Focus on the value of production:
  • The new PLI policy offers an incentive subject to brinks of incremental investment and sales of manufactured goods; these thresholds vary for foreign and domestic mobile firms.
  • However, the focus remains on increasing the value of domestic production, and not local value addition. If implemented, an additional capacity of 60 crore mobile phones per year may be on stream at the end of the PLI.
• Profiting from Anti-Chinese Sentiments: USA’s allegations on China for worsening Covid-19 and India-China conflict are golden opportunities for India to act fastly on it and attract outgoing investment.

A recent report by an Internal Working Group (IWG) of the Reserve Bank of India has attracted a lot of attention as well as criticism for its recommendations including the one that suggests corporate houses be given bank licences.

Rationale to constitute IWG by RBI:

The IWG was constituted to “review extant ownership guidelines and corporate structure for Indian private sector banks” for important reasons like

• The total balance sheet of banks in India still constitutes less than 70 per cent of the GDP, which is much less compared to global peers such as China, where this ratio is closer to 175%.
• The domestic bank credit to the private sector is just 50% of GDP. But in economies such as China, Japan, the US and Korea it is upwards of 150 per cent.
• India’s banking system has been struggling to meet the credit demands of a growing economy.

There is only one Indian bank in the top 100 banks globally by size. Further, Indian banks are also one of the least cost-efficient. So, RBI Constituted a IWG to look into the ownership guidelines and corporate structure for Indian private banks.

The committee submitted its report last week.

Positives of committee report:

For Banking Sector:

• Dilute the Impact of COVID pandemic: The reforms can Fast track the credit disbursment and distribution to businesses in short term to revive the economy, impacted by the COVID Pandemic.
• Transformation of banking sector in India: If implemented the banks can help in India’s ambition to be a trillion-dollar economy by acceleration of credit to MSME Sector that will also compliment Atmanirbhar Bharat mission.
• Bank for all: In rural India Co-operatives is still the major banker with no other alternative. If payments banks are allowed to convert in to small finance banks, this could potentially increase competition, especially in the micro lending space, leading to increasing efficiency.
• Ensuring robust banking system in India: Since India has very less banks in present, even a smallest bank failure is causing ripples in the entire banking system. To avoid such every time RBI and Government is stepping in to rescue. This can be avoided if recommendations are implemented.
• Can get rid of NPA’s in the long run: The reforms can create a ripple effect and reduce India’s one of long-standing problem in the banking sector. Opening up of more banks will ensure that the underperforming banks either amalgamated or weed out in the long run.
• Digital banking is feasible: At present due to less competition and capital,banks are investing less in the technology in terms of payment, credit behaviour etc. Reforms can ensure private invest in technology and push the Public Sector Banks also.
• Corporate houses will bring capital and expertise to banking.
• Government can focus on other problems instead of rescuing banks frequently with taxpayer’s money. Apart from that Government finances were already strained before the Covid crisis and worsened during the pandemic.

Why the corporate as a promoter of bank being criticized?

One of the most severe criticisms of the report was the recommendation of allowing the large corporate/industrial houses as a promoter of banks. Former RBI Governor Raghuram Rajan and former RBI Deputy Governor Viral Acharya severely criticised the suggestion for various reasons like,

• Poor governance under the present structure is the major problem of Indian banking sector. Ex Despite spotting the fault at early stage in IL&FS, RBI did not step up its governance activities and that resulted in the defaulting of the IL&FS.
• Bank for elites: In the past, Banks were nationalized because they ownership by the private sector was leading to “large concentration of resources in the hands of a few business families”. The allowing of corporate might revive that.
• Financial crisis in India: 2008 Global Financial crisis was a proof of how risky that the private sector banks are? Trusting them to operate at large scale instead of trust worthy and financially stable government-owned banking system might create a financial crisis in long run.
• Issue of Connected Lending: 1997 Asian Financial Crisis was a grave example of mingling of big companies and banks. If we allow corporate as a promoter of banks then the connected lending consequence is unavoidable in India.IWG report itself mentions, “it will be difficult to ring fence the non-financial activities of the promoters with that of the bank”.

• Inadequate to track: Corporate houses are adept at routing funds through a maze of entities in India and abroad. So, they can bypass the checks and balances and flout the norms.
• Can Increase Crony Capitalism: There is a high possibility that few corporates control the lending process and influence the lending process. Thereby reduce the competition and can create a Chakravyuhatype of challenge in Indian Economy.

Is Corporate as Banks is new to India?

In February 2013, the RBI had issued guidelines that permitted corporate and industrial houses to apply for a banking licence. Some houses applied, although a few withdrew thei rapplications subsequently.

Only two entities qualified for a licence, IDFC and Bandhan Financial Services. No corporate was ultimately given a bank licence.

The RBI maintained that it was open to letting in corporate companies to open banks. However, none of the applicants had met ‘fit and proper’ criteria.

In 2014, the RBI restored the prohibition on the entry of corporate houses into banking

Solutions:

• Improve private governance and regulatory capacity:The Committee on Financial Sector Reforms (2008) headed by then RBI Governor observed that it is premature to allow industrial houses to own banks. Though necessary,the reform can wait till private governance and regulatory capacities improve.
• Regulator side:
  • Regulator has to enhance the credibility of the system by ensuring every deposit is safe especially with better governance.
  • RBI should ensure the checks and balances before allowing corporates to become promoters.
  • Instead of debating with the allowing of corporate is good or bad? RBI can move ahead with the other recommendations which are really beneficial for the banking sector and economy as whole.
• From Government side
  • Better Legal framework: If permitting corporates as bank promoters than the government not only need to amend the Banking Regulation Act, 1949 but also needs to amend various Acts to curb crony capitalism, liberal whistle blowing policies etc., but they all need strong political commitment.

Way forward:

Though allowing corporate is one of the recommendations of IWG report, there are many other necessary recommendations for reforming the banking sector. RBI needs to reconsider the step to allow corporates, as the report is open for public review till January.

Issue of Digital/Social media regulations in India

In the backdrop of the increasing popularity of online platforms (OTT, Social Media Etc.) in India and world over in the recent times, many efforts are being made to regulate the content being posted on them.

The latest attempt in this row has been made by the Kerala Government. Kerala government has recently amended the Kerala Police Act by incorporating a new Section, 118 (A).

Provisions of the controversial Kerala law

• Any person who sends or creates any information that is offensive or is intended to offend or threaten another person, through any means of communication, is liable to face imprisonment of five years or a fine of Rs 10,000 or both.
• Make the offence as a cognisable(Police can arrest the person without warrant and investigate the person without the permission of the Court) and provides a punishment of three years.

• As per the government, Section 118(A) is meant to protect people, particularly women, transgenders and other vulnerable sections from social media abuse.

Relevant points from judgments:

• In Shreya Singhal Case Supreme court said that when a provision of law suffers from Vagueness and unclear about the terms and penal provisions used then that provision of law can be struck down by the judiciary (Supreme Court struck down Section 66Aof IT Act and also Section 118(d) of Kerala Police Act as a violation of Fundamental Rights enshrined under Article 19 (1))
• Kerala High court itself said
  

  “Existing laws which deal with the defamation and other allied offences are sufficient to address these kinds of issues. So, there is no need for separate legislation for offences like defamation, modesty of women and transgender etc.,”

• By making defamatory utterances cognisable and raising the prison term, the Kerala ordinance effectively amends the IPC and Cr.P.C., a move for which the Centre’s (President’s) assent is mandatory, as it is in conflict with central laws.

Regulations of Digital media

Recently, the government has brought digital/online media platforms, films release on OTT, and audio-visual programs, under the ambit of the Ministry of Information and Broadcasting from the ambit of the Ministry of Electronics and Information Technology.

New regulations added 2 new categories i.e.

1. Films and Audio Visual programmes made available by online content providers
2. News and Current Affairs on online platforms such as Facebook, Twitter and Instagram

In recent cases involving Sudarshan news, the government on the requirement of regulating the electronic media stated that regulating the digital media was more pressing.

At present, the News Broadcasters Association (NBA) represents the news channels, the Press Council of India regulates the print media, the Central Board of Film Certification (CBFC) monitors film, while the Advertising Standards Council of India regulates advertising.

Last month, a law was passed stating that digital news platforms could not have more than 26% foreign investment.

Need for regulating OTT platforms

• Video streaming services such as Netflix and Amazon Prime have become key distributors for new movies and entertainment content during the COVID restrictions and have multiplied their subscribers in India in recent years. But they do not require any certification before any new releases.
• In contrast, new movies, before theatrical release, have to get through the certification process of the Central Board of Film Certification.

Need for regulating digital/social media platforms

• Ability of digital/social Media to Reach, Scale and size is huge compare to print and other media.
• While electronic media in India is regulated by the Cable Television Networks (Regulation) Act of 1995, there was no law or body to oversee digital content. Some people are taking an undue advantage which leads to too much voice and noise in social media.
• Recently, India has seen a surge in the number of fake news items in circulation, especially on WhatsApp and Face book.
• Absence of editorial control in digital/ social media leads to large scale user-generated content which is unregulated
• In 2018, fake information that was circulated on WhatsApp led to the lynching of five men in Maharashtra and there are many such instances.
• In this time, when India is in conflict with its neighbouring countries like China and Pakistan, there is a possibility of Foreign-funded digital platforms running to defame our country.
• There is also evidence of fake information influencing the process of election in the USA which undermines the root of democracy.

Issues in regulating the OTTs, digital and social media

• When it comes to regulating digital news content, new regulations may end up facilitating more governmental interference and censorship which impacts the Right to freedom of speech and expression (Article 19(1))
• It is expected that regulations might be instrumental in suppressing the freedom, enjoyed by digital media till now and might be targeted at a section that has been bold and forthright in speaking truth to power.
• Digital platforms were till now able to openly create the movies/videos on politically sensitive subjects, now they have to bow down to the political pressures.
• If the government is providing any legislation to regulate the social/digital media then the wider/free for all media houses and persons might face a number of allegations which leads to a huge inflow of cases to the judiciary which is already overburdened.
• The government turned down the self-regulatory proposal proposed by the 15 OTT platforms collectively under the Internet and Mobile Association of India (IAMAI) in September this year.

Solutions:

• From Social/digital media side has to have a corporate responsibility
  • Misinformation has to tackle with information like the one did by YouTube in tackling false information.
  • They have to publish transparency reports from their side like Facebook
• From the Government Side
  • The government should pass an Act like that of the US to establish a self-regulatory system for media platforms and to hire content moderators to moderate the contents getting published on their platform
  • With recent reports posting a number of internet connections recently crossed the 750 million milestones in India, Digital Literacy Programmes has to be encouraged along with Digital India Mission
  • Model Code of Conduct implemented by Election Commission of India has been effective and efficient in curbing fake news and misinformation in social/digital media during elections, Government should appoint a study committee to explore the scalability of the same to other aspects as well.
• From Society
  • People should understand that freedom in social/digital media should complement with responsibilities envisaged in the Fundamental Duties.

Way forward:

Regulating social/digital media cannot be done from one side. All the stakeholders should have to contribute for the betterment of the platform as a whole is the key else India might follow the USA (Most Americans get their News from suspicious internet source which resulted in extreme polarization of citizen’s view).

In News: India has adopted Self Reliance as an objective in the post covid world. While it is seen primarily in economic terms (reducing imports, shifting value chains), self-reliance also means strategic autonomy in foreign policy.

Strategic autonomy: Strategic autonomy is the ability of a state to pursue its own national interest and preferred foreign policy without being constrained by other states. It has to be formulated as per the security environment to ensure India’s sovereignty and territorial integrity are maintained.

Evolution of Strategic Autonomy in India

1^st phase- Non-Alignment (1947-1961): During Bipolar world (USA and USSR as power centres)

• Non-alignment: India played a critical role in the establishment of the Non-Alignment Movement (NAM) (1961), which marked the peak of Third World solidarity.
• Five-point agreement or the Panchsheel policy of PM Nehru.
• Preservation of autonomy: India’s objectives were to resist from joining any military blocs while rebuilding its economy and consolidated its territorial integrity.

2^nd phase- Realism (1962-71)

• India made pragmatic choices on security and political challenges after the 1962 war.
• India looked beyond non-alignment in the interest of national security. for example, a defense arrangement with the United States in 1964.

3^rd phase- Regional Assertion (1971-91):

• Tilt towards USSR: signing of the India-Soviet Treaty of Peace, Friendship and Cooperation
• Getting involved in 1971 war, resulting in the creation of Bangladesh.
• India conducted peaceful nuclear explosion test in 1974 (Pokhran I) for which it faced sanctions from the USA.
• Indian peacekeeping operation in Sri Lanka.
• The creation of the US-China-Pakistan axis threatened India’s prospects as a regional power.

4^thphase-Strategic autonomy (1991-2005)

• Economic reforms and high economic growth led to an evolution in the country’s strategic outlook.
• Multi alignment: India reached out to engage the US, Israel, and ASEAN countries more intensively.

5^th phase: India’s strategic autonomy approach in a multipolar world (after 2005)

• Multi-alignment approach:
• India has moved from a P2 (US and China) mindset to a P5+2 approach to positioning itself as a global power. e.g.: membership of ASEAN, SCO, Quad.
• India’s preference towards a ‘free, open, and inclusive Indo-Pacific’ refers to a multipolar regional order within which Delhi can maintain its strategic autonomy.
• Balancing diplomacy manifested in the Russia-India- China (RIC) meeting and Japan- America –India (JAI) meeting on the sidelines of G20.
• De-hyphenation policy of India:
• De-hyphenated Look West Policy, which means India’s relationship with Israel would stand on its merits, independent and separate from India’s relationship with the Palestinians.
• Issue-based cooperation:
• In the Middle East, India has reached out to Saudi Arabia, Israel, and Iran. India invited to the Organisation of Islamic Cooperation (OIC) for the first time.
• Recently India overlooked USA’s sanctions and decided to go ahead with the S-400 deal with Russia.
• Intensified cooperation with middle powers like UK, EU, Japan, and ASEAN countries to accomplish collective goals.
• India pulled out of the Regional Comprehensive Economic Partnership and concluded that a China-led economic order in Asia will permanently ruin India’s economic prospects.
• Use of Hard power and expanding military cooperation:
• India’s responded strongly to the terror strikes in Pulwama and Balakot airstrikes.
• India has also signed military logistics support agreements with partner countries such as the USA, France, Singapore, Australia, South Korea.
• India’s soft power: International yoga day, south Asian satellite, International solar alliance, and SAARC COVID-19 Emergency Fund.

Changing the world from unipolar to bipolar multipolar:

• Bipolar (1945-1991): Bipolar world can be defined as a system in which the majority of global economic, military and cultural influence is held between two countries – the USA and USSR. This resulted in Cold War characterized by geopolitical tension between the Soviet Union and the United States.
• Unipolar (1991-2008): After the disintegration of USSR, the United States became the only superpower and the international system has become unipolar. Assuming the role of global policeman, the USA was able to impose its will on other countries. For Example, the invasion of Iraq in 2003, the war in Afghanistan, and the policy of regime change during President Bush.
• Multi power (2008-till now): Multipolarity is the emergence of many regional powers along with the withdrawal of the USA as a global policeman.
• Rise of China: Aggression in the South China Sea, US-China trade war, Clashes with India at LAC (Line of Actual Control) and heavy investment in developing countries through Belt and Road initiative.
• Rise of BRICS and other major power: BRICS is committed to democratization of international life. It accounts for almost a third of global GDP at purchasing power parity. E.g.; creation of the New Development Bank (NDB) and Contingent Reserve Arrangement (CRA).
• Creation of international/regional groupings:For example, ASEAN (Association of southeast Asian Nations), APEC (Asia Pacific Economic Cooperation)
• Russia reasserting its bipolar status: meddling in Syria against US, growing Sino-Russia relations, Russia’s annexation of Crimea
• Rise of India: India’s participation in Shanghai Co-operation Organization, G-20 Summit, the Mekong-Ganga Co-operation, the International Solar Alliance, etc. India is also recasting its approach. e.g., Quad, SAGAR, Blue dot network, etc.

Recent Trends: Increasing India- US co-operation

Strategic partnership

• The US has designated India as an integral part of the Indo-pacific narrative by the conception of
• India becoming a non-NATO Ally of the USAin line with countries such as Israel and South Korea for increasing defense cooperation.
• USA has supported India’s membership in the Australia Group and Wassenaar Arrangement.
• USA has recently unveiled its New Security strategy (NSS) to promote deeper partnership with India.
• The 2+2 dialogue: It is the dialogue between Indian External Affairs and Defence Ministers, and their US counterparts to provide a vision for strategic partnership.
• Security agreements like Logistics Exchange Memorandum of Agreement, Communications Compatibility and Security Agreement (COMCASA)

Challenges to strategic autonomy:

• Fear of becoming a US ally: India is actively seeking the cooperation of the US but it has to protect its core national interests from the threats of US intervention. For example- USA threatening India of CAATSA (Countering America’s Adversaries Through Sanctions Act) in relation with Chahbahar port and S-400 deal with Russia.
• Assertive rise of China: It may result in security threat like Doklam standoff, clashes in Galwan valley across LAC. A possibility of China, Pakistan, Russia, Iran axis.
• Assertion of Power: Regional assertion of power may lead to arms races and rise in geopolitical uncertainty. For example, arms race between India and China.
• Dependence on other developed countries for economic growth: India needs technology, capital, markets, skills, defence equipment, international networking, and global cooperation to resolve global issues. Sensitive technology can come only at the behest of compromising strategic autonomy.
• Impact of US tilt: Complete dependence on US will impact ties with Russia, Iran as well as defense indigenization.

Way forward:

• A multi vector foreign policy approach: India’s potential has to be maximized by multi alignment rather than isolation or alliance.
• Practice creative diplomacy and flexibility: In the destabilised world, there is need to adjust to the fast-changing balance of power and correlate with the countries around us.
• Cooperate and Compete: India must work with other powers to ensure that its region stays multi-polar (preventing dominance of one country of the region)
• Active Engagement with middle powers: Intensified cooperation with middle powers like UK, EU, Japan and ASEAN countries to accomplish collective goals.
• Utilising multilateral institutions: Strategic relationships with multilateral institutions and multiple partners including developing countries, least developed countries.

The Bureau of Police Research and Development (BPR&D) had invited research proposals from academics and legal experts in 2018. Among those two topics were shortlisted for further research by the Ministry of Home Affairs recently. The topics were

• “Status of radicalisation in India: an exploratory study of prevention and remedies”
• “Functioning and impact of open prisons on the rehabilitation of prisoners”

PRISON REFORMS:

Criminal Justice reforms include reforms in Judiciary and the justice system, Police reforms and prison reforms. Though all 3 reforms are equally important to society at large, prison reforms get the low level of attention in most of the countries including India. This is why it is said Prison is a recruitment centre for the army of crime.

Present condition of Prison in India:

NCRB 2019 data says there are 1350 functional jails in India, with a total capacity of approx. 4 Lakh prisoners but actual strength exceeds 4.78lakh. In that 4.3% are women and 69.05% (approx. 3.3 lakh) were under trials and only 30.11% are convicted for crime. Occupation rate in all prison is on an average 118.5%. In general, under trials spend three months to five years in jail before getting bail.

Need for prison reforms:

• Indian prisons face three long-standing structural constraints: overcrowding, understaffing and underfunding. The inevitable outcome is subhuman living conditions, poor hygiene, and violent clashes etc.
• Extradition of fugitive under UN Convention directly depends on prison reforms
  1. g.: India lost the case of bringing KIM DEVY from Denmark who is accused of PURILA ARMS DROP CASE.
• under trials lose four of their fundamental rights: the right to liberty, freedom of movement, freedom of occupation, and freedom of dignity. And the legal right to vote as well.
• NHRC figures show that prisoners cut off from family and friends had a 50% more chance of committing suicide than those outside.
• While 33% of the total requirement of prison officials still lies vacant. Police personnel in India is 181/lakh population which is much less than the UN prescribed 222/lakh.

Challenges in prison reforms:

• Prison is a State subject.
• Prison Act 1894, which governs prisons with modifications is more than a century old and focus more on keeping them alive (headcount) not reform and rehabilitation.
• No separation between hard hand criminals and petty under trails.

Committees on Prison reforms:

Justice Mulla Committee 1983:

• All India cadre for prison staff and Bringing prison under the concurrent list
• Government should form a National Policy on Prisons
• Government to use alternatives to imprisonment such as community service, etc.

Justice V. R. Krishna Iyer committee on women prisoners 1987:

• Separate institutions with women employees alone for women offenders.
• Necessary provisions to restore the dignity of women even if convicted.

Committee under the chairmanship of Director General, Bureau of Police Research and Development (BPR&D) 2005:

• used the reports of Justice Mulla Committee Report & Justice Krishna Iyer Committee and made several additional and new recommendations. It also drafted a National Policy on Prison Reforms and Correctional Administration, 2007.

Justice Amaitava Roy panel on prison reforms:

In 2018, the Supreme Court appointed this panel. The committee submitted its report on February 2020 with major recommendations includes

• For overcrowding
  • Special fast-track courts should be set up to deal with petty offences.
  • Lawyers – prisoners ratio: there should be at least one lawyer for every 30 prisoners.
• For Understaffing
  • The Supreme Court should pass directions to start the recruitment process against vacancies
  • There should be use of video-conferencing for trial.
• For Prisoners
  • Every new prisoner should be allowed a free phone call a day to his family members to see him through his first week in jail.
  • Alternative punishments should be explored.

Solutions:

• Government should frame a National Policy on prison and form a National Commission on prisons to look into matters more seriously.
• Ensure the holistic development of prisoners like stress management, Yoga, etc.
• Ratifying the UN Convention against torture and sensitizing the staffs about the need to treat prisoners as humanely as possible.
• Changing the people’s attitude that “Everyone inside the jail is not a criminal, he is either an offender nor an under trail”.
• Increasing the budgetary allocation of the Criminal Justice System.
• Encourage Interactive and community policing in all possible ways.
• Open prison or semi open prison has to be encouraged like that in UP and Rajasthan.

• Utilizing the first-of-its-kind advanced DNA FORENSIC LAB in CHANDIGARH and pass The DNA Technology (Use and Application) Regulation Bill, 2018 to reduce the overcrowding by the faster conviction of offenders.
• Extending Legal Right to Vote prisoners and free legal aid (Directive Principle entrusted in Article 39a of our Constitution).

Way ahead:

Indian jails dubbed as a university for grooming criminals structural changes are needed to address the key issues. Else, prisons will continue to be heaven for politically connected criminals and hell for socio-economically disadvantaged undertrials.

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The ASEAN region along with India together comprises a combined population of 1.85 billion people, which is one-fourth of the global population and their combined GDP has been estimated at over USD 3.8 trillion. So the East Asia Region is most important for India and vice versa.

About 15^th East Asia Summit

15th East Asia Summit was held recently with VietNam as a chair and concluded with the adoption of the Hanoi Declaration. External Affairs Minister Dr. S. Jaishankar represented India at the 15th East Asia Summit (EAS).

 About East Asia Summit:

It was established in 2005. It is a premier forum in the Asia-Pacific region dealing with issues relating to security and defense with the following features;

• Members: It comprises the ten member states of the ASEAN countries along with 8 members Australia, China, Japan, India, New Zealand, the Republic of Korea, Russia, and the United States. India is a founding member of the East Asia Summit. (In short ASEAN Plus Six, USA, and Russia).
• Priority Areas: There are six priority areas of regional cooperation within the framework of the EAS which are a) Environment and Energy b) Education c) Finance d) Global Health Issues and Pandemic Diseases e) Natural Disaster Management and f) ASEAN Connectivity.
• Significance:
  • The members of the EAS together represent 54% of the world population and account for 58% of the global GDP.
  • It is usually held just after the second ASEAN summit of the year when the ASEAN also meets its dialogue partners.
  • They also meet for ASEAN Defence Ministers Meeting (ADMM) Plus meet.

Importance of East Asia to India:

India has always considered East Asia as a region of a high economic and strategic priority since the time of Jawaharlal Nehru. India’s linkages with Southeast Asia encompass numerous aspects including culture, diaspora, defence cooperation, economic ties, and India’s own developmental and security concerns. Each of these factors contributes to the strategic significance of countries in the region for India:

• India’s Indo-Pacific vision is premised upon the principle of ‘ASEAN-Centrality’, which signifies the importance of East Asian countries for India.
• Vietnam has traditionally been a close friend on defense issues, Singapore is an equally important partner.
• By virtue of being a maritime neighbor and the biggest country in terms of size, population, and economy, Indonesia has always been a priority country.
• India has also maintained cordial relations with Malaysia and the Philippines Cambodia, Laos, Myanmar, Thailand, and Vietnam are critically important for the development and security of India’s north-eastern states.
• Transport linkages and religious tourism have further enhanced their importance.
• Access to the South China Sea directly improves the Freedom of navigation on the seas and its resources including petroleum products, Polymetallic nodules, etc.

Initiatives taken to improve the relationship

• We Shifted our policy from Look East Policy to Act East policy in 2014 with more active engagement in the region. Act East Policy includes the following features:
  • To promote economic cooperation, develop a strategic relationship and cultural ties with ASEAN and East Asian Countries
  • To increase the interaction of the North-Eastern states with other neighboring countries.
  • Focussing on 4 C’s (Culture, Commerce, Connectivity and Capacity Building)
• Delhi Dialogue is a premier annual event to discuss politico-security, the economic and socio-cultural engagement between India and ASEAN.
• Joint Naval and Military exercises between East Asian countries Ex. India and Vietnam held a joint naval exercise
• India – Myanmar – Thailand trilateral highway project which connects Moreh, India with Mae Sot, Thailand via Myanmar.
• Kaladan project connects Sittwe Port in Myanmar to the India-Myanmar border. It will reduce the distance from Kolkata to Sittwe by approximately 1328 km and will reduce the need to transport goods through the narrow Siliguri corridor.
• India is developing its maiden deep-sea port in a strategically-located Sabang port in Indonesia.
• India is also trying to establish a Maritime Transportation Agreement with ASEAN and also Plans for a railway link between New Delhi in India to Hanoi in Vietnam.

Importance of India to East Asia:

• India’s long trustworthy relationship and reliability in relationships can help in countering the Chinese Influence in the region and can act as a counterweight in the issues like South China Sea Disputes etc.
• Since VietNam and other countries are getting improved in merchandise trade, India is a good market for those countries
• India’s strategic location links the East Asian Countries with the Central Asian Countries.
• India’s ability to provide Humanitarian and Disaster Relief (HADR)
• India’s Service sector, growing Tourism market, etc all are important for East Asian Countries.

Challenges in India and East Asia Relations:

• Trade imbalance between India and ASEAN, which remains skewed in ASEAN’s favor. India’s trade deficit with ASEAN increased from a mere USD$0.5 billion in 2005-2006 to USD$14.6 billion in 2015-2016.
• India has not signed RCEP for various reasons like non-transparency in RCEP, RCEP’s non-accounting of India’s service sector relaxations, etc. By not signing the RCEP India also lose access to new market opportunities created in East Asia.

• India recently notified Country of Origin regulations which is one of the issues for the East Asian Countries as they reroute many products from China and sell them to India.
• India is working on revising the FTA’s between India- Japan and India-South Korea relationships bilaterally which divert the focus of India towards Japan and South Korea.
• Despite the geopolitical rivalry and consistent trouble in the South China Sea, China is a dominant player because there is no other credible alternative, so China is the largest trading partner and investor for ASEAN.
  • As the ASEAN and other countries except India signed the RCEP agreement the position of China can be strengthened in the near future.
  • China’s constant undermining of ASEAN countries is evident by Cambodia and Laos have become a much closer ally to China because of its Cheque Book Diplomacy
• The relevance of ASEAN itself is at stake
  • ASEAN countries themselves are not taking a stand and being in a paralyzed state. This is evident by the mere 12 paragraph Hanoi Declaration.
  • There is a regionalization present in the ASEAN itself. For Ex – Cambodia, and Laos almost supports China but at the same time VietNam, the Philippines, and Indonesia opposes China for their authoritarianism.

Way forward

• The revival of the US-led TPP can provide an alternative to China-dominated RCEP, which may improve India’s relationship with the East Asian Countries.
• The concept of QUAD must be expanded to include the ASEAN countries and become a QUAD+ arrangement. Vietnam and Indonesia were expressing a positive note on QUAD in the region.
• India and Japan together have few initiatives like Asia – Africa Growth Corridor which is going through the ASEAN region has the ability to become an alternative to Belt and Road Initiative
• Australia-Japan-India together announced the SCRI(Supply Chain Resilience Initiative) to diversify the supply chain instead of relying on one or few countries. ASEAN can play a major role in that.
• Indo Pacific policies have to improve with the active cooperation from the USA along with India, Japan, and Australia.
• ASEAN cannot retain its centrality if it becomes a Chinese orbit so the ASEAN itself has to improve the balance between them.
• Role of India in improving ties:
  • Giving more focus to India’s Act East Policy.
  • Though East Asian countries depend on China for trade relations they never trusted China for their military alliance. This is evident as no country from ASEAN has close military ties with China so far. India can become the military partner after our Atma Nirbar Bharat, Make In India projects successfully implemented.
  • Faster completion of projects. For ex. India – Myanmar – Thailand highway is under construction for more than a decade now. Similar can be said to Kaladan Multimodal transport corridor.

To make East Asian Countries especially ASEAN more relevant, the only way is to put together coherent alternatives for connectivity, supply chain, and economic well-being. This makes East Asian Economies assert their sovereignty and not fall for China’s ambitions. Then together the relations between the nations can reach cloud nine.

News: Regional Comprehensive Economic Partnership (RCEP) has been signed by 15 countries, without India.

About RCEP (Regional Comprehensive Economic Partnership)

RCEP is a trade deal that was originally being negotiated between 16 countries including India, after exit of India, now has been signed by 15 countries.

Members:

• 10 Association of Southeast Asian Nations (ASEAN) members: Brunei, Cambodia, Indonesia, Laos, Malaysia, Myanmar, the Philippines, Singapore, Thailand, and Vietnam
• 5 other FTA partner countries of ASEAN: Australia, China, Korea, Japan, and New Zealand.

Aim: To strengthen economic linkages and to enhance trade and investment related activities between participating countries.

Coverage Areas: RCEP will cover the following areas:

Trade in goods and services, investment, economic and technical cooperation, intellectual property, competition, dispute settlement, e-commerce, small and medium enterprises (SMEs) and other issues.

In its original format, RCEP was touted as the “largest” regional trading agreement to this day.

Why India decided not to join RCEP?

In November 2019, External Affairs Minister S Jaishankar, delivering the Fourth Ramnath Goenka Memorial Lecture on November 14, had said,

India’s stance was based on a “clear-eyed calculation” of the gains and costs of entering a new arrangement, and that no pact was better than a “bad agreement”.

Following are the issues that India faced in signing the RCEP:

• Market access to India: RCEP also lacked clear assurance over market access issues in countries such as China and non-tariff barriers on Indian companies.
• Trade Deficit: In financial year 2019, India registered trade deficit with 11 out of the 16 RCEP countries.

• • India’s trade deficit with these countries has almost doubled in the last five-six years – from $54 billion in 2013-14 to $105 billion in 2018-19.
  • India’s trade deficit with RCEP countries stood at $105 billion, out of which China alone accounted for $52 billion.

• Auto-trigger mechanism: India was unable to ensure countermeasures like an auto-trigger mechanism to raise tariffs on products when their imports crossed a certain threshold.
• MFN clause: It also wanted RCEP to exclude most-favored-nation (MFN) obligations from the investment chapter, as it did not want to hand out, especially to countries with which it has border disputes, the benefits it was giving to strategic allies or for geopolitical reasons.
• Opening up of sensitive sectors: India felt the agreement would force it to extend benefits given to other countries for sensitive sectors like defense to all RCEP members.
• Country of Origin: Signing of RCEP deal would have meant dumping of unwanted products by routing them through other countries i.e. possible circumvention of rules of origin criterion set by India to determine the national source of products.
• Tariff reductions: The RCEP deal format required India to abolish tariffs on more than 70% of goods from China, Australia, and New Zealand, and nearly 90% goods from Japan, South Korea, and ASEAN. This would have made imports to India, cheaper.
• Past Experience: The NITI Aayog, in 2017, had published a report that pointed out that free trade agreements have not worked well for India.
  • It analyzed multiple free trade agreements that India signed in the past decade. Among those were FTA with Sri Lanka, Malaysia, Singapore, and South Korea.
  • The Niti Aayog analysis showed that imports from FTA countries increased while export to these destinations did not match up.
  • The Niti Aayog found that FTA utilization by India has been abysmally low between 5 and 25 percent.
• Plantation products like rubber: Vietnam and Indonesia have very cheap rubber to export.
• Dairy Sector: New Zealand is the second-largest exporter of milk and milk products. New Zealand’s milk producers are more efficient than India’s small producers. Both Australia and New Zealand are waiting for free access to India for their dairy products.
• Services trade: India has “long pushed for other countries to allow greater movement of labor and services” in return for opening up its own market. Any agreement on trade in goods without simultaneous agreement on services trade and investment will only harm India’s interests.

Why not joining RCEP is the right decision for India?

• China Factor: In the backdrop of rising tensions at India-China borders and the strong presence of China as a center of RCEP trade deal, it would have been difficult for India to reduce its exposure to China’s products, at a time when India is striving hard to find alternatives for China-made products.
• Made in India: As India is pursuing its objective to become an Atmanirbhar Bharat, domestic industries are required to be shielded by the use of Tariffs. By joining RCEP, India could have to compromise on this front.
• Recession in India: At a time, when India is gripped under ‘Technical Recession’ and unemployment is on rise, giving a boost to domestic industries becomes of utmost importance.
• Existing FTAs: As per a few experts, RCEP hardly makes a difference as it has FTAs with ASEAN, and CEPAs (Comprehensive Economic Partnership Agreements) with Japan and South Korea already.
• Clarity of India’s strategic vision: India’s strategic vision seems clear by not joining the China-centric RCEP, whereas it raises questions regarding the strategic vision of other Indo-Pacific countries whether China is seen as a threat or as a partner by them. This step will have implications for the Indo-Pacific concept and the Quad.

What are the possible downsides of not joining RCEP?

• Bilateral trade: India’s decision of not joining RCEP would also negatively impact India’s bilateral trade ties with RCEP member nations, as they may find strengthening economic ties within the bloc, more profitable.
• Supply chain in Indo-Pacific: Japan’s failed efforts to bring India back into the deal may also impact the Australia-India-Japan informal talks to promote a Supply Chain Resilience Initiative in the Indo-Pacific.
• China’s dominance: RCEP shows that China can pursue its aggressive political and economic policies without cost, that it cannot be isolated, and that the world cannot delink itself from the Chinese market.

Way forward

India, as an original negotiating participant of RCEP, has the option of joining the agreement without having to wait 18 months as stipulated for new members in the terms of the pact.

• India required to make its domestic industries competitive and strong enough to compete in any international market. It will make negotiating any international agreement easy and profitable.
• Conclusion of 17th ASEAN-India Virtual Summit and adoption of ASEAN-India Plan of Action for 2021-2025 proves that despite conclusion of RCEP, ASEAN countries are welcoming towards India. India must try to find out possibilities of increasing trade with ASEAN countries.
• India currently has agreements with members like the ASEAN bloc, South Korea and Japan and is negotiating agreements with members like Australia and New Zealand.
• Reviews of its existing bilateral FTAs with some of these RCEP members as well as newer agreements with other markets with potential for Indian exports.
• India should invest strongly in negotiating bilateral agreements with the US and the EU.

Context: Draft rules for the Code on Social Security, 2020 have been released by Ministry of Labour and Employment for comments.

Salient features of Draft rules for the Code on Social Security, 2020

Beneficiaries of the rules will be Unorganised Workers, Gig Workers, Platform Workers, and BOCWs.

For workers

• Unorganised workers, gig workers, and platform workers would require to be registered on a central government portal for availing any benefit under any of the social security schemes framed under the Code.
• The rules also provide for the Aadhaar-based registration of BOCW (Building and Other Construction Workers) on a portal of the Centre, State government or the BOCW welfare board of the State.
• Draft rules operationalize the benefits of Code for Social Security i.e.
  • Employees’ Provident Fund, Employees’ State Insurance Corporation, Gratuity, Maternity Benefit, Social Security and Cess in respect of Building and Other Construction Workers
  • Social Security for Unorganised Workers, Gig Workers, and Platform Workers.
• Where a building worker migrates from one State to another he shall be entitled to get benefits in the State where he is currently working and it shall be the responsibility of the Building Workers Welfare Board of that State to provide benefits to such a worker.
• Provision has also been made in the rules regarding gratuity to an employee who is on fixed term employment.

For establishment,

• Rules provide single electronic registration or cancellation.
• Procedures for self-assessment and payment of cess has been defined with regard to building and other construction workers
• The rate of Interest for delayed payment of such cess has been reduced from 2% every month or part of a month to 1%.
• Assessing officer can visit the construction site only with prior approval of the secretary of the Building and Other Construction Workers Board.

Labour Code on Social Security 2020

Key Features

• Consolidation of multiple laws: It will replace nine social security laws, including Maternity Benefit Act, Employees’ Provident Fund Act, Employees’ Pension Scheme, Employees’ Compensation Act, among others.
• Universalizes social security: Social security has been extended to those working in the unorganised sector, such as migrant workers, gig workers, and platform workers.
• Covers Agricultural workers: For the first time, provisions of social security will also be extended to agricultural workers also.
• National Social Security Board: It proposes a National Social Security Board which shall recommend to the central government for formulating suitable schemes for different sections of unorganised workers, gig workers, and platform workers.
• Social security organisations: The Bill provides for the establishment of several bodies to administer the schemes. These include a Central Board to administer the provident fund schemes and national and state-level Social Security Boards to administer schemes for unorganised workers.
• Social security fund: The Bill proposes setting up a social security fund using a corpus available under corporate social responsibility.
• Reducing employee PF contribution: The bill provides for an option for reducing provident fund contribution (currently at 12% of basic salary) to increase workers’ disposable income.
• Gig Workers: The bill states that the central or state government may notify specific schemes for gig workers, platform workers, and unorganised workers to provide various benefits, such as life and disability cover.
• Exemption: Under the bill, the central government is empowered to exempt selected establishments from all or any of the provisions of the code and makes Aadhaar mandatory for availing benefits under various social security schemes

Concerns related to Code on Social Security, 2020

Following are the concerns that are associated with the Labour Code for Social Security and welfare:

• It does not provide for a uniform definition of “social security”.
• There is no dedicated central fund. The proposed corpus will be split into numerous small funds creating a multiplicity of authorities and confusion.
• There is no clarity on how the proposed dismantling of the existing and functional structures, such as the Employees’ Provident Fund Organisation (EPFO) with its corpus of ₹10 lakh crore will be handed over to a government.
• Though gig workers are covered under social security schemes none of these benefits are secure, which means, the Central government, from time to time, can formulate welfare schemes that cover these aspects of personal and work security, but they are not guaranteed.  All these benefits will be dependent upon the will of the state government.
  • • For Ex; in some states like Karnataka, where a platform-focused social security scheme was in the making last year, will possibly offer some financial assistance by the Centre.
• The Social Security Code states the provision of basic welfare measures is a joint responsibility of the Central government, platform aggregators, and workers. But doesn’t mention which measures will be provided by which stakeholder.
• Following recommendations of the National Commission on Labour (2002) have not implemented:
  • Removal of thresholds based on the size of establishment for making certain benefits mandatory and application of social security system to all establishments.
  • the existing wage ceilings for coverage should be removed
• Mandatory linking with Aadhaar may violate Supreme Court judgment

Way forward

•  2^nd National Commission on Labour (2002) had recommended a separate law for small scale units (having less than 20 workers) with less stringent provisions for conditions such as payment of wages, welfare facilities, social security, retrenchment and closure, and resolution of disputes.
• The government in India should also consider granting the gig workers the status of employees of the aggregators. That would automatically provide them all the labor benefits like PF and ESI.
• The government should consider providing a loan scheme to the platform workers, to end their dependency on the platform aggregator companies.
• To mitigate operational breakdowns in providing welfare services, a tripartite effort by the State, companies, and workers to identify where workers fall on the spectrum of flexibility and dependence on platform companies is critical.
• All important recommendations of the National Commission on Labour (2002) and the standing committee on labor 2020 must be incorporated in the bills.

What is Custodial Violence?

• Custodial violence primarily refers to violence in police custody and judicial custody. It may be mental or physical in nature.

• Rape and torture are the two common manifestations of custodial violence which may turn out to be fatal and cause death.

State of custodial violence in India:

• According to the data published by The National Crime Records Bureau (NCRB), between 2001 and 2018, a total of 1,727 persons have died in police custody including those in judicial remand and those who have been arrested but not yet produced before the court.
• 75% of the people who died in police custody were tortured.
• Low conviction rate: Apart from custodial deaths, more than 2,000 human rights violation cases were also recorded against the police between 2000 and 2018. And only 344 policemen were convicted in those cases.

Challenges in curbing custodial violence

• Absence of strong legislation: India is yet to criminalize custodial violence. The available safeguards have proved insufficient to deal with issues of custodial violence.

State of prisons:

• There is a lack of facilities for medical, sanitation, security, and food in the prison.
• Further, a disproportionate ratio between crime rate and manpower makes the enforcement of laws difficult.
• India has failed to bring adequate prison reforms to curb the existence of police subculture and punitive violence.

Non-ratification of UN Convention against torture:

• The United Nations convention against torture in 1997 was signed by India but the country did not ratify it.
• While signing only indicates the country’s intention to meet the obligations set out in the treaty, Ratification, on the other hand, entails bringing in-laws and mechanisms to fulfill the commitments.
• Politicization of police: The Police Act, 1861 which governs the Indian police system has no explicit provisions on the superintendence and general control and directions of police. This leaves the executive with a lot of power to control the law enforcement authorities as per vested interests.

• Provisions available to deal with custodial violence. Lack of police accountability: The Prakash Singh guidelines of 2006 had recommended the constitution of an independent complaints authority to inquire into police misconduct. However, this has not been implemented by many states.

Poor witness protection regime:

• Investigations related to custodial killings often run into delays due to a lack of witnesses.
• The lack of strength in the institutional system to protect the witnesses result in the intimidation of the families of witnesses and thus, they turn hostile.
• Though a witness protection bill was introduced in 2015, it’s yet to get a place in the statute books.

Constitutional safeguards:

• Article 20: Right to protection against the conviction of offenses.
• Article 21: Right to life and liberty.
• Article 22: Right to protection against arrest and detention in certain circumstances:
  • Being informed of the grounds of arrest.
  • To be defended by a legal practitioner of his choice.
  • Production in the nearest magistrate within 24 hours of the arrest.

Statutory safeguards :

• Indian evidence act, 1872: Section 25 mentions that a confession to a police officer cannot be proved as against a person accused of any offense.
• Code of criminal procedure, 1973 (amendment in 2008): Section 46 and 49 of the code protect those under custody, from torture, who are not accused of an offense punishable with death or life imprisonment.
• Indian police act, 1861: Section 7 and 29 of the Act provide for dismissal, penalty, or suspension of police officers who are negligent in the discharge of their duties or unfit to perform the same.
• Indian penal code: Section 330, 331, and 348 were enacted to curb the tendency of policemen to resort to torture to extract confessions.
• Judicial Pronouncements regarding custodial violence
• K. Basu v. State of West Bengal, 1987: Under this case, the Supreme Court of India observed that using torture is impermissible and offensive to Article 21.
• Munshi Singh Gautam and others vs the State of Madhya Pradesh: The Supreme Court ruled that the dehumanizing torture, assault in alarming proportions raise serious questions about the credibility of the rule of law and administration of the criminal justice system.
• Rama Murthy v. State of Karnataka (1996): The SC while upholding fundamental rights of prisoners identified ‘Torture and ill-treatment’ in prisons as an area that needs reform.
• Nilabati Behera v. State of Orissa: It ensured that the state could no longer escape liability in public law and had to be compelled to pay compensation.

Way forward

• Death due to custodial violence is a heinous act. India, being a flourishing democracy can undertake the following measures to address the issue:
• Dk Basu guidelines: Implementing the 11-point guidelines mentioned in the DK Basu case by the Supreme Court.
• Implementation of Law Commission of India’s 273rd Report: The report recommends that those accused of committing custodial torture – be it policemen, military and paramilitary personnel – should be criminally prosecuted instead of facing mere administrative action establishing an effective deterrent.
• Implementing Prison reforms: Prison reforms are required for ensuring humane conditions and security for the people in custody.
• CCTV cameras should be installed in police stations and in interrogation rooms.
• Introduction of a monetary body to keep an eye on the activities in the prison.

Police reforms:

• The adoption of an effective mechanism for police will enable police supervisory structures to reduce torture.
• Police reforms to include ethical policing.
• Implementing the recommendations of the Prakash Singh guidelines in letter and spirit.
• The need for the hour is that the government should ratify the United Nations Convention against Torture, which was also recommended by the Law Commission in its 273rd report.

Context: Foreign Contribution Regulation rules, 2011 have been amended by the Ministry of Home Affairs (MHA) with the notification of new FCRA rules.

• New rules require any organization that wants to register itself under the FCRA to have existed for at least three years.
• should have spent a minimum of Rs. 15 lakh on its core activities during the last three financial years for the benefit of society.
• Office bearers of the NGOs seeking registration under the Foreign Contribution (Regulation) Act must submit a specific commitment letter from the donor indicating the amount of foreign contribution and the purpose for which it is proposed to be given.
• Any NGO or person making an application for obtaining prior permission to receive foreign funds shall have an FCRA Account.

What is FCRA (Foreign Contribution Regulation Act)?

• Foreign Contribution (Regulation) Act: It is an act of Parliament enacted in 1976 and amended in 2010 to regulate foreign donations and to ensure that such contributions do not adversely affect internal security.
• Coverage: It is applicable to all associations, groups, and NGOs which intend to receive foreign donations.
• Who cannot receive foreign donations?
  • Members of the legislature and political parties, government officials, judges, and media persons are prohibited from receiving any foreign contribution.
  • However, in 2017 the FCRA was amended through the Finance Bill to allow political parties to receive funds from the Indian subsidiary of a foreign company or a foreign company in which an Indian holds 50% or more shares.
• Registration: It is mandatory for all such NGOs to register themselves under the FCRA. The registration is initially valid for five years and it can be renewed subsequently if they comply with all norms.
• Purpose of Foreign contribution: Registered associations can receive foreign contributions for social, educational, religious, economic, and cultural purposes. The filing of annual returns on the lines of Income Tax is compulsory.
• Ministry of Home Affairs (MHA) New Rules:
  • In 2015, the MHA notified new rules which required NGOs to give an undertaking that the acceptance of foreign funds is not likely to prejudicially affect the sovereignty and integrity of India or impact friendly relations with any foreign state and does not disrupt communal harmony.
  • It also said all such NGOs would have to operate accounts in either nationalized or private banks which have core banking facilities to allow security agencies access on a real-time basis.

Key provisions of FCR(Amendment), Act 2020:

• Prohibition to accept foreign contribution:
  • Include certain public servants in the prohibited category for accepting foreign contribution: These include: election candidates, editor or publisher of a newspaper, judges, government servants, members of any legislature, and political parties.
  • The Bill adds public servants to this list. Public servant includes any person who is in service or pay of the government or remunerated by the government for the performance of any public duty.

• Transfer of foreign contribution: Under the Act, foreign contribution cannot be transferred to any other person unless such person is also registered to accept foreign contribution.
• FCRA account: The Bill states that foreign contribution must be received only in an account designated by the bank as FCRA account in such branches of the State Bank of India, New Delhi. No funds other than the foreign contribution should be received or deposited in this account.
• Definition of persons: The FCRA 2010 allows the transfer of foreign contributions to persons registered to accept foreign contributions. The term ‘person’ under the Bill includes an individual, an association, or a registered company.
• Regulation: The Act states that a person may accept foreign contributions if they have obtained a certificate of registration from the central government or obtained prior permission from the government to accept foreign contribution. The bill makes Aadhaar mandatory for registration.
• Restriction in utilisation of foreign contribution: The Bill gives government powers to stop utilisation of foreign funds by an organization through a “summary enquiry”.
• Reduction in use of foreign contribution for administrative purposes: The bill decreases administrative expenses through foreign funds by an organisation to 20% from 50% earlier.
• Surrender of certificate: The Bill allows the central government to permit a person to surrender their registration certificate.

Need for such amendments:

• To monitor Misuse of funds: In Parliament, the government alleged that foreign money was being used for religious conversions. For instance, in 2017, the government barred American Christian charity, Compassion International.
• To prevent loss to the GDP: An official report quantifying the GDP losses allegedly caused by environmental NGOs was prepared during the NPA period, indicating a foreign conspiracy against India.
• To enhance transparency and accountability: The annual inflow of foreign contribution has almost doubled between the years 2010 and 2019, but many recipients of foreign contribution have not utilised the same for the purpose for which they were registered or granted prior permission under the said Act.
• To regulate NGO’s: Many persons were not adhering to statutory compliances such as submission of annual returns and maintenance of proper accounts.

Concerns associated with the recent amendments

• Over-regulation of NGO: New regulations put excessive conditions on civil society organizations, and educational and research institutions that have partnerships with foreign entities.
• Lack of Consensus: The amendments were not discussed with the stakeholder and passed with limited discussion in Parliament.
• Against Constitutional rights: According to the International Commission of Jurists, the new law is incompatible with international obligations and India’s own constitutional provisions on rights.
• Incompatible with international laws: The United Nations Human Rights Council resolution on protecting human rights defenders says that no law should criminalize or delegitimize activities in defense of human rights on account of the origin of funding.
• Discourage social work: Thousands of NGOs serve extremely disadvantaged sections. Only presumption of guilt against them all, followed by control, restricts their scope of voluntary actions.
• Selective barriers: The over-regulation appears to be towards selected categories of global ideas and ideals such as environmentalism, human rights, and civil liberties.
• Reduce investments and technology flow: As a growing economy, India has been proactive in seeking global capital and technology. Strict rules governing FCRA will impact investments.
• Against Indian cultural ethos: Prime Minister has often cited the ancient Indian ethos of Vasudhaiva Kutumbakam as the framework for its global engagement. New rules do not go well with India’s legitimate ambitions to be a global player.
• Additional cost of compliance: Every FCRA-registered NGO will have to open an FCRA-marked bank account with a designated branch of State Bank of India in New Delhi. Around 93% of FCRA NGOs are registered outside Delhi, and will now have to open a bank account in the capital.
• Lowering the cap on administrative expenses: The micro-management and cost structures vary from project to project. It is difficult for NGOs whose work revolves around advocacy rather than projects. In 2018-19, there were 1,328 NGOs whose administrative expenses exceeded 20% of their total foreign funds.

What can be the way forward?

• Delink religious propagation and conversions from the question of foreign funding.
• There are adequate laws against conversion by inducement. It cannot be decided against the touchstone of the source of funds, native or foreign.
• Seamless sharing of ideas and resources across national boundaries is essential to the functioning of a global community.
• The government must commit itself to the ancient Indian ethos of Vasudhaiva Kutumbakam as the framework for its global engagement and should not be hostile against the NGOs who criticize the government for their work.

Civil society’s supplements government works and works at the grass-root level. Civil societies should not be discouraged unless there is reason to believe the funds are being used to aid illegal activities.

What is Monetary Policy?

• Monetary policy is the process by which the RBI controls the supply of money, often targeting an inflation rate or interest rate to ensure price stability.
• Quantitative Instruments: General or indirect (Cash Reserve Ratio, Statutory Liquidity Ratio, Open Market Operations, Bank Rate, Repo Rate, Reverse Repo Rate, Marginal standing facility and Liquidity Adjustment Facility (LAF))
• Qualitative Instruments: Selective or direct (change in the margin money, direct action, moral suasion).

Recent trends: RBI a few ago released its monetary policy report (MPR)

• The repo rate (the rate at which the RBI lends short-term funds to commercial banks) stands at 4.0 percent and the reverse repo rate (the rate at which the RBI borrows) stood at 3.35 percent.
• As per RBI, transmission to bank lending rates has improved as evident from the decline in the lending rate of banks on fresh loans.
• Rise in food Inflation owing to floods in eastern India, lockdown-related disruptions and cost-push pressure, etc.
• Global financial market volatility caused by the impact of the COVID-19 is most likely to exert pressure on the Indian rupee.
• Real Gross Domestic growth will remain negative for the whole 2020-21 period.

• Informal Indian economy: The monetary policy affects only around 60% of loans/credit in the Indian economy which are sourced from formal channels (Banks and NBFCs).Challenges to Monetary policy functions of RBI:
• Supply chain disruptions: The MPC uses CPI inflation to adjusts its policy rates. However, the CPI doesn’t factor the rise in inflation driven by supply-chain dislocations. For example, restriction on movement resulted into a shortage of essentials.
• Weak policy transmission: Both the government and the RBI are concerned that the cumulative easing has not yet been reflected in the lowering of their lending rates by banks.
• Limitation of Inflation targeting: Inflation has been accompanied by declining borrowing in the formal sector likely affecting investment leading to rise in unemployment (according to NSSO, unemployment in India has been highest in the last 45 years).
• Triangular balance-sheet: In the aftermath of the IL&FS default in 2018, an additional dimension of liquidity and solvency of the NBFC sector has been added to the prevailing twin balance-sheet problem. Borrowing easy money cannot solve governance issues.
• Gold economy: The Indian household saves in gold/jewelry rather than financial instruments. This curtails RBI from effectively circulating money in the economy.

Is Inflation targeting a good policy?

Inflation targeting:

• It is a monetary policy strategy used by central banks to maintain inflation within a specific range.
• Narasimham (2000) and Rajan (2007) Committees recommended the implementation of inflation targeting in India.

Inflation targeting as a good policy

• It increases the transparency and credibility of the central bank consequently allowing it to carry out its monetary policy more effectively.
• It helps to stabilize inflationary expectations in an uncertain future.
• Increases the focus on domestic considerations and enables quick response to domestic economy shocks.

Limitations of Inflation targeting policy

• The policy doesn’t address the sudden shocks in the economy and inefficient transmission mechanisms.
• Too much weight to inflation stabilization might prove detrimental to the stability of real economy and other growth objectives.
• Requirement of Number of preconditions like well-developed technical infrastructure for forecasting, modelling and data availability etc.
• India lacks suitable conditions for successful implementation of inflation targeting. For example, lack of adequately developed financial markets, confidence of global capital markets is low, independence of the RBI etc.
• Policy of inflation targeting will lead to highly unstable and inappropriate exchange rate.

Need for independent MPC:

• To form credible governance policy: RBI should be independent to decide on the precise corrective action for banks with high NPAs, the desirable state of liquidity and the prudential norms to be observed by banks.
• To ensure low and stable inflation: For instance, Governments use pro populist policy before elections to provide a short-term boost to growth. This often leads to long-term inflation.
• Sustain Credit availability: To ensure adequate flow of money and credit to required areas.
• To prevent sudden appreciation and depreciation of currency. For example, In Turkey lira had depreciated over 80% against the dollar in the 12 months due to government interference.
• Sustainable Investments: Independent MPC will boost the investors’ confidence and will enhance credit ratings there by attracting more investments.
• To avert crisis: Mismanagement between fiscal and monetary policy led to increased Sovereign debt in developing economies. For Example, Greek Crisis.

Way forward:

• Develop a legal process to ascertain RBI’s responsibilities and accountability.
• Ensuring RBI’s autonomy: The governor should be made responsible and accountable to Parliament. The RBI act should be amended to provide a guaranteed tenure of the governor and deputy governors for their effective functioning.
• Change in policy: There is need to look at an indicator of inflation that excludes food and fuel and include structural factors responsible for price rise.
• Cooperation between Government and RBI: There should be mutual cooperation and coordination between RBI and Government in large at public interests for an efficient and sustainable economy.

In News: India can achieve the goal of self-reliance (Atma Nirbharta) by enhancing the capability of youth.

About Demographic Dividend:

• According to the United Nations Population Fund (UNFPA), demographic dividend meansthe economic growth potential that can result from shifts in a population’s age structure. The change in age structure is typically brought on by a decline in fertility and mortality rates.
• India has one of the youngest populations (62.5% of its population in the age group 15-59) in an aging world.
• The demographic dividend leads to an increased labor supply that will increase the production of goods and boost savings and investment on the other.
• The first demographic dividend occurs during the demographic transition process, when the working-age population increases as a share of the total population, and the percentage of both young and old dependents decreases.
• The second demographic dividend results from an increase in adult longevity, which causes individuals to save more in preparation for old age. This increase in savings can thus contribute to capital accumulation and economic growth.

Major findings of the United Nations Population Fund (UNFPA) on demographic dividend:

• Demographic dividend phase in India: Report says the availability of demographic dividend in India, started in 2005-06 and will last till 2055-56 based on the following facts:
  • India’s Population structure: Close to 30% of India’s population is in the age group 0-14 years. The elderly in the 60-plus age group is still a small proportion (8%) of the country’s population. The working-age group 15-59 years accounts for 62.5% of India’s population. The working-age population will reach the highest proportion of approximately 65% in 2036.
  • Regional variations in the degrees and timings of fertility decline: Reports also highlight that demographic dividend is not available in all the states at the same time because Northern states are predominantly youthful whereas southern and western states are maturing.

Steps to be taken 

• India has just a decade’s time to realize the youth demographic dividend. So, the country should launch an Indian Youth Guarantee (IYG) program.
  • The European Union Youth Guarantee (EU-YG) launched a similar programmein 2010 at a time when youth unemployment rates were soaring above 20%.
  • In order to ensure the gainful and productive engagement of youth, the functioning of an Indian youth Guarantee (IYG) initiative as an implementing framework with legal backing could help.
• Youth Component Plan: the plan could help in allocating budgetary resources under a separate head on the lines of the Special Component Plan for the Scheduled Castes and the Tribal Sub-Plan. 
• IYG’s goal: young people graduating from college or losing a job either find a good quality job suited to their education and experience or acquire skills required to find a job through an internship within a fixed time period.
  • The district administration and local bodies should be incorporated by IYG for more effective outcomes.
  •  Existing youth schemes and skilling infrastructure need to be merged and modernised.
• The Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA)has been very effective in providing rural livelihood security and social protection yet only about 4% of youth in the labour force have been impacted by it.

• Implementation of rural youth employment program alongside MGNREGA: Even though an urban youth employment program will be a new involvement, the rural youth employment should be instituted alongside MGNREGA.

Demographic dividend can be a demographic disaster:

• The growth benefit of a demographic dividend is not automatic. Much depends on whether the increase in working population can be trained, and enough jobs created to employ the 10 million more people who will join the labour force every year.
• Substitute existing jobs: While digital technologies may enable the creation of new products and more productive jobs, they may also substitute existing jobs.
• Lack of skills: India may not be able to take advantage of these opportunities, due to a low human capital base and lack of skills.

• Lack of jobs combined with a demographic dividend will increase the share of the population that is dependent on the working population increasing the economic insecurity of the elderly, as there will be fewer people generating wealth.

Why India should focus on demographic dividend?

• Economic growth: Better economic growth brought about by increased economic activities due to a higher working-age population and lower dependent population. The demographic dividend has historically contributed up to 15 % of the overall growth in advanced economies.
• To become a super power globally: Demographic dividend has historically contributed up to 15% of the overall growth in advanced economies. For instance, Japan was among the first major economies to experience rapid growth because of the changing population structure and emerge as an economic superpower.
• Effective policymaking: Fine-tuning of the planning and implementation of schemes and programs by factoring in population dynamics is likely to yield greater socio-economic impact and larger benefits for people.
• Human capital of the world: With more than 65% of the working-age population, India will rise as an economic superpower, supplying more than half of Asia’s potential workforce over the coming decades.

Various opportunities related to the demographic dividend in India:

• Labour supply: The first benefit of the young population is the increased labour supply, as more people reach working age. However, the magnitude of this benefit depends on the ability of the economy to absorb and productively employ the extra workers.
• Capital formation: As the number of dependents decreases individuals save more. This increase in national savings rates increases the stock of capital in developing countries and provides an opportunity to create the country’s capital through investment.
• Female Human capital: A decrease in fertility rates result in healthier women and fewer economic pressures at home. This provides an opportunity to engage more women in the workforce and enhance human capital.
• Economic growth: Another opportunity is produced by increased domestic demand brought about by the increasing GDP per capita and the decreasing dependency ratio. This leads to demand-driven economic growth. Growth, education, better economic security, and a desire for more durable goods are the cause and consequence of young demographics.
• Infrastructure: Increased fiscal space created by the demographic dividend enables the government to divert resources from spending on children to investing in physical and human infrastructure.
• Skilled workforce: Most sectors of the Indian economy would require a more skilled workforce than the present. It would be both a challenge and an opportunity for India to provide its workforce with the required skill sets and knowledge to enable them to contribute substantially to its economic growth.
• Migration:It presents some opportunities that can arise from having demographic changes, particularly the demographic dividend and interstate migration to overcome labor shortage in some parts.

Challenges of demographic dividend in India:

• Enhancing human capital: According to ASSOCHAM, only 20-30 % of engineers find a job suited to their skills. Thus, a low human capital base and lack of skills is a big challenge.
• Low human development: India ranks 130 out of 189 countries in UNDP’s Human Development Index, which is shocking. Life expectancy at birth in India (68 years) is much lower than in other developing countries.
• Informal economy: Informal nature of the economy in India is another challenge in reaping the benefits of demographic transition in India.
  • Nearly 216 million people are engaged in the agriculture sector, are in the informal economy where not only they earn lower wages, but with little social security and few days of employment in a year.
• Jobless growth: There is a mounting concern that future growth could turn out to be jobless due to deindustrialization, de-globalization, the fourth industrial revolution, and technological progress. As per the NSSO Periodic, Labour Force Survey 2017-18, India’s labour force participation rate for the age-group 15-59 years is around 53%, that is around half of the working-age population is jobless.
• Asymmetric demography: The growth in the working-age ratio is likely to be concentrated in some of India’s poorest states and the demographic dividend will be fully realized only if India is able to create gainful employment opportunities for this working-age population.
• Issue of tilted sex ratio: Declining female labour force participation: According to data from the International Labour Organization and World Bank, India’s female labor force participation rates have fallen from 34.8% in 1990 to 27% in 2013. Without women’s participation, India can’t dream of reaping the demographic dividends.

Way Forward:

• For states with less scope:
  • UNFPA backs a differential approach in forward-looking policymaking and program planning to join the demographic dividend opportunity in those states where the windows for opportunity are closing soon.
  • The focus in the states where the demographic dividend window is yet to open will have to be threefold such as addressing harmful practices such as child marriage, access to quality sexual and reproductive health services and family planning services to all, and provisioning of health, education, life, and vocational skills to all the young people.
• Good governance: Effective avenues for citizen input, well-functioning institutions, respect for the rule of law, low level of corruption, respect for property rights, the sanctity of contracts, etc. are important aspects of good governance that enable the equal opportunity to all.
• Building human capital: Investing in people through healthcare, quality education, jobs, and skills helps build human capital, which is key to supporting economic growth, ending extreme poverty, and creating a more inclusive society.
• Skilling: India’s labour force needs to be empowered with the right skills for the modern economy. Government has established the National Skill Development Corporation (NSDC) with the overall target of skilling/ up-skilling 500 million people in India by 2022.
• Academic-industry collaboration: Will help to synchronize modern industry demands and learning levels in academics.
• Education: Enhancing educational levels by properly investing in primary, secondary, and higher education. India, which has almost 41% of the population below the age of 20 years, can reap the demographic dividend only if with a better education system.
• Health: Improvement in healthcare infrastructure would ensure a higher number of productive days for the young labor-force, thus increasing the productivity of the economy. The success of schemes like Ayushman Bharat and the National Health Protection Scheme (NHPS) is necessary. Also, the nutrition level in women and children needs special care with effective implementation of the Integrated Child Development (ICDS) program.
• Job Creation: The nation needs to create ten million jobs per year to absorb the addition of young people into the workforce. Promoting businesses’ interests and entrepreneurship would help in job creation to provide employment to the large labor force.
• Urbanisation: Schemes such as Smart City Mission and AMRUT needs to be effectively and carefully implemented.

Although, the term Indo-Pacific has been used previously as well, “Indo-Pacific” is a fairly recent addition to the geopolitical lexicon. For almost a century, the term Asia-Pacific region was used for constructing policies and strategies of the west. This has changed in the second decade of the 21st century.

India’s concept of the Indo-Pacific region stretches from the western coast of North America to the eastern shores of Africa.

Evolution of Indo-Pacific Concept

With the rise of China and its efforts to dominate the region, the term has found its way into official documents such as national security strategies or defense white papers as well as into the rhetoric of the elite countries.

1. In 2007 the term found mention in the speech of Japanese Prime Minister Shinzo Abe in Delhi, where he called the Indian and Pacific Oceans as one common space.
2. In 2011, the term found mention in the speech Hillary Clinton, the then US Secretary of State, in the context of US ‘Pivot to Asia’, but not found mention in official documents.
3. In 2016, Japanese PM Shinzo Abe, declared his Free and Open Indo-Pacific strategy, to be the core of Japan’s foreign policy doctrine.
4. In November 2017, US President presented his “vision” of a Free and Open Indo-Pacific (FOIP) at the Asia-Pacific Economic Cooperation (APEC) sum­mit. Since then the term “FOIP” has been enshrined in official documents of the US.
5. In 2018, French President Emanuel Macron speaks about France’s strategy for the Indo-Pacific.
6. In June 2018, India’s PM Modi presented India’s concept of the Indo-Pacific region at Shangri-La dialogue.

Although the geographical definition of the Indo-Pacific region is a bit different for these countries, all countries are on common ground with reference to the importance of a rules-based international order.

India’s concept of Indo-Pacific

The term “Indo-Pacific” is gradually replacing the previously common term, “Asia-Pacific”, which excluded India from its geographical extent.

The concept of Indo-Pacific for India was cleared by India’s PM Modi during the speech in 2018, in Shangri La Dialogue, Singapore.

India’s concept of Indo-Pacific includes: “inclusiveness”, “openness”, “ASEAN centrality” that is not directed against any country:

• Openness: A free, open, and inclusive order in the Indo-Pacific, based upon respect for sovereignty and territorial integrity of all nations, peaceful resolution of disputes through dialogue and adherence to international rules and laws.
• Inclusiveness: India’s concept of the Indo-Pacific is inclusive in nature, and supports an approach that respects the right to freedom of navigation and overflight for all in the international seas.
• ASEAN-Centrality: India’s Indo-Pacific vision is premised upon the principle of ‘ASEAN-Centrality’.

India’s approach is based on cooperation and collaboration, given the need for shared responses to shared challenges in the region.

Divergence in the conceptualisation of Indo-pacific region and India-US concepts

The Indo-Pacific construct means different things to different people.

The divergences involve, among other things,

1. the extension of the Indo-Pacific as a geographical area,
2. the objectives associated with each respective concept,
3. the focus on or weighting of different policy fields within each respective con­cept,
4. the question of China’s inclusion or exclusion

US concept of Indo-Pacific aims to contain China and is thus an expression of the growing strategic rivalry between Washington and Beijing. Whereas for India

For India, Indo-Pacific is the vast maritime space stretching from the western coast of North America to the eastern shores of Africa as highlighted by Prime Minister Narendra Modi at his keynote speech at the Shangri-La Dialogue in 2018. Whereas for US, it extends up to the west coast of India which is also the geographic boundary of the US Indo-Pacific command whereas

While the US does not consider China a part of its Indo-Pacific construct, India has gone to great length to highlight it as an inclusive construct for the whole region.

Importance of Indo-Pacific region

• Growing Importance of India: The popularity of the term Indo-Pacific over Asia-Pacific reflects the growing importance of India for the western developed countries in the region.
• Maritime advantage against China: It can be considered a reaction to the militarization of waters in the Indo-Pacific, the South China Sea (SCS) in particular, and the growing heft of the Chinese economy across Asia and Africa.
  • For India, growing maritime power in the Indo-Pacific region will provide it with a new weapon against China’s misadventures on India’s borders.
• International Trade: The Indo-Pacific ocean system carries an estimated 65 per cent of world trade and contributes 60 percent of global GDP. Ninety per cent of India’s international trade travels on its waters.
  • The two-third container trade of the world passes through this region. The economies of many countries are dependent upon the Indo-Pacific sea routes for their trade and energy supply.
  • Many western countries including US are concerned due to shifting in the economic trajectory from the Atlantic to the Indo-Pacific and the rise of China has added to it.
  • That is why a country like Germany, physically distant but an economic stakeholder in the Indo-Pacific, has released a strategy for the region. After France and the Netherlands, it is the third European country to do so.
• Natural Resources: Maritime territories have emerged as depositories of vital resources ranging from fish stocks to minerals and offshore oil and gas. The South China Sea, for instance, is estimated to hold some 10% of the global fish resources as well as 11 billion barrels of oil and 190 trillion cubic feet of gas.

Steps taken by India to promote Indo-Pacific vision

Indo-Pacific Division: Ministry has recently set up an Indo-Pacific Division as well as an Oceania Division, and placed them under the same Additional Secretary level officer, which is a sign of India’s commitment to this critical geography.

SAGAR: India’s policy on maritime cooperation in the Indian Ocean Region (IOR) is based on the approach of SAGAR (Security And Growth for All in the Region). Under this doctrine, India believes in an Indo-Pacific that is free, open, and inclusive, and one that is founded upon a cooperative and collaborative rules-based order.

Indo-Pacific Regional Dialogue (IPRD): IPRDs are being held for engaging the global strategic community in an annual review of India’s opportunities and challenges in the Indo-Pacific region.

Indo-Pacific Oceans’ Initiative (IPOI): Initiative was launched at the East Asia Summit held in Bangkok in 2019. IPOI draws on existing regional cooperation architecture and mechanisms to focus on seven central pillars conceived around

1. Maritime Security;
2. Maritime Ecology;
3. Maritime Resources;
4. Capacity Building and Resource Sharing;
5. Disaster Risk Reduction and Management;
6. Science, Technology and Academic Cooperation; and
7. Trade Connectivity and Maritime Transport.