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  • [Burning issue] Fertilizer Sector of India

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    Context

    • The Ministry of Chemicals and Fertilizers will implement One Nation One Fertilizer (ONOF) under the fertilizer subsidy scheme named “Pradhanmantri Bhartiya Janurvarak Pariyojna” (PMBJP).
    • In this edition of the Burning issue, we will delve deeper into the fertilizer sector of India, see its achievements, lacunas, and schemes under operation and suggest a way forward.

    About Fertilizer Sector in India

    • Fertilizers are substances that provide one or more of the chemicals required for plant growth. Fertilizers can be both organic and inorganic.
    • The benchmark that the food industry in India has set in terms of annual production is primarily due to the many technically competent fertilizer-producing companies in the country.
    • In the present scenario, niti.gov.in states that 56 large plants produce nitrogenous, phosphatic, and complex fertilizers and 72 medium and small fertilizer production units in the Indian fertilizer industry, have single super Phosphate (SSP).
    • The main products manufactured by the fertilizer industry in India are phosphate-based fertilizers, nitrogenous fertilizers, and complex fertilizers. With its rapid growth, the fertilizer industry in India is all set to make a long-lasting global impression.
    • India is home to numerous top-class private and government fertilizer companies. Ranging from fertilizers to seeds to fungicides, the many fertilizer companies in India are the primary reason behind the success story of the sector in India.

    Positive aspects of the Fertilizer Sector

    • The Indian fertilizers market is estimated to record a CAGR of 11.9% during the forecast period (2021-2026). The Indian fertilizer market reached a value of INR 887 Billion in 2020.
    • The Indian fertilizer industry has made good progress in the case of Nitrogen-based fertilizers. India is the 2nd largest consumer of Urea fertilizers after China. India also ranks 2nd in the production of nitrogenous fertilizers and 3rd in phosphatic fertilizers. 
    • Potash requirement is met through imports since we have limited reserves of potash. Productions are largely state-controlled.
    • Popular PSUs are The Fertilizer Corporation of India Ltd, National fertilizers Limited, Hindustan Fertilizer Corporation Ltd., etc.

    Challenges in the Fertilizer sector

    1] Distortion in use due to price difference

    • The shift in the composition of fertilizer used: The high price differences among fertilizers (Nitrogen is much cheaper than Potassium and Phosphorus) have disturbed the relative prices of various fertilizers and resulted in a big shift in the composition of fertilizers used in the country in favor of urea and thus Nitrogen.
    • In 2019-20, fertilizer use per hectare of cultivated area varied from 70 kg of NPK in Rajasthan to 250 kg in Telangana
    • Further, the composition of total plant nutrients in terms of the N, P, K ratio deviated considerably from the recommended or optimal NPK mix. It was 33.7:8.0:1 in Punjab and 1.3:0.7:1 in Kerala.

    2] Increasing fertilizer subsidy

    • Fertilizer subsidy has doubled in a short period of three years. For 2021-22, the Union Budget has estimated fertilizer subsidy at â‚č79,530 crores (from â‚č66,468 crores in 2017-18).
    • The subsidy is likely to reach a much higher level due to the recent upsurge in the prices of energy, the international prices of urea and other fertilizers, and India’s dependence on imports.
    • In order to minimize the impact of rising prices on farmers, the bulk of the price rise is absorbed by the government through enhanced fertilizer subsidies. This created serious fiscal challenges.
    • At current prices, farmers pay about â‚č268 per bag of urea and the Government of India pays an average subsidy of about â‚č930 per bag.
    • Thus, taxpayers bear 78% of the cost of urea and farmers pay only 22%. This is expected to increase and is not sustainable.

    3] Import dependence

    • Total demand for urea: The total demand for urea in the country is about 34-35 million tonnes whereas the domestic production is about 25 million tonnes.
    • The requirement for Diammonium Phosphate (DAP) is about 12 million tonnes and domestic production is just 5 million tonnes.

    4] Other issues

    • Lesser expansion of Irrigation facilities and consequent low fertilizer consumption leads to low demand and therefore, restricts the growth of the industry.
    • Use of Obsolete Technology: Most of the fertilizer industry operates under PSUs that are using decade-old technology and thus making huge losses and also the competitive edge.

    Issue of fertilizer subsidy

    • According to Economic Survey 2016, the fertilizer sector is highly regulated, which causes a major distortion in the sector. The subsidy which is intended to help small farmers benefits a small proportion of them.
    • According to the survey, 24 per cent is spent on inefficient urea producers of the remaining, 41 per cent is diverted to non-agricultural uses and abroad; of the remaining, 24 per cent is consumed by large farmers.
    • Fertilizer subsidy ultimately goes to the fertilizer company, even though it is the farmer who benefits.
    • Before 2018, companies were reimbursed after the material was dispatched and received by the district railhead or designated godown.
    • 2018 saw the beginning of DBT (Direct Benefit Transfer), which would transfer money directly to the retailer’s account. However, the companies will be paid only after the actual sale to the farmer.
    • With the DBT system, each retailer — there is over 2.3 lakh of them across India — now has a point-of-sale (PoS) machine linked to the Department of Fertilizers’ e-Urvarak DBT portal.

    What about non-urea fertilizers?

    • Decontrolled system: The non-urea fertilizer is decontrolled or fixed by the companies.
    • The non- urea fertilizers are further divided into two parts, DAP (Diammonium Phosphate) and MOP (Muriate of Phosphate).

    Issues with such subsidies

    • Flawed subsidy policy: This is harmful not just to the farmer, but to the environment as well.
    • No permanent remedy: Indian soil has low Nitrogen use efficiency, which is the main constituent of Urea.
    • Excessive use: Consequently, excess usage contaminates groundwater.
    • Emission: The bulk of urea applied to the soil is lost as NH3 (Ammonia) and Nitrogen Oxides causing emissions.
    • Health hazards: For human beings, “blue baby syndrome” is a common side ailment caused by Nitrate contaminated water.

    Latest step: One Nation One Fertilizer (ONOF)

    • the Union Ministry of Chemicals and Fertilizers issued a memo announcing the implementation of the “One Nation One Fertilizer” scheme under which a single brand and logo for fertilizers will have to be used by all manufacturers under the Centre’s fertilizer subsidy scheme newly renamed as a Prime Minister’s scheme- “Pradhanmantri Bhartiya Janurvarak Pariyojna” (PMBJP).
    • The single brand name for UREA, DAP, MOP and NPK etc. would be BHARAT UREA, BHARAT DAP, BHARAT MOP and BHARAT NPK etc. respectively for all Fertilizer Companies, State Trading Entities (STEs) and Fertilizer Marketing Entities (FMEs).
    • Also, a logo indicating the Fertilizer subsidy scheme namely Pradhanmantri Bhartiya Janurvarak Pariyojna will be used on said fertilizer bags.
    • Under the scheme, companies are allowed to display their name, brand, logo and other relevant product information only on one-third space of their bags.
    • On the remaining two-thirds space, the “Bharat” brand and Pradhanmantri Bharatiya Jan Urvarak Pariyojana logo will have to be shown.

    What is the government’s argument for introducing this scheme?

    The government’s logic for introducing a single ‘Bharat’ brand for all subsidized fertilizers being marketed by companies is as follows:

    (1) Subsidies normalization

    • The maximum retail price of urea is currently fixed by the government, which compensates companies for the higher cost of manufacturing or imports incurred by them.
    • The MRPs of non-urea fertilizers are decontrolled.
    • But companies cannot avail of subsidy if they sell at MRPs higher than that informally indicated by the government.
    • Simply put, there are some 26 fertilizers (inclusive of urea), on which government bears subsidy and also effectively decides the MRPs;

    (2) Harmonizing markets

    • Besides paying subsidies to companies for the cost of production, the government also pays manufacturers freight subsidies- or the cost of ferrying their products to the end-user.
    • So, another argument for the launch of single-brand fertilizers is to reduce transport subsidies, estimated to be over â‚č6,000 crore per year. This is done through the Fertilizer (Movement) Control Order, 1973.

     (3) Reduce specific brand demands

    • Brand-wise demand for fertilizers in specific areas is one of the reasons for this movement. One rationale is that if manufacturers stop selling urea distinctively under individual brands, there would be no need for Indian Farmers Fertilizer Cooperative (IFFCO) to move fertilizers across states, thus reining in the fertilizer subsidy expenditure.

    What can be the drawbacks of the scheme?

    • It may disincentivize fertilizer companies from undertaking marketing and brand promotion activities.
    • They will now be reduced to contract manufacturers and importers for the government. Any company’s strength ultimately is its brands and farmer trust built over decades.
    • Currently, in case of any bag or batch of fertilizers not meeting the required standards, the blame is put on the company. But now, that may be passed on fully to the government. 
    • A government brand will add another layer of regulation to the fertilizer manufacturing sector where almost every aspect- from product pricing to cost structure to geographical distribution and sale- is controlled by the government.

    Other steps taken by Government in the fertilizer sector

    Nutrient Based Subsidy scheme

    • Under the NBS regime – fertilizers are provided to the farmers at subsidized rates based on the nutrients (N, P, K & S) contained in these fertilizers.
    • Also, fertilizers that are fortified with secondary and micronutrients such as molybdenum (Mo) and zinc are given additional subsidies.
    • The subsidy on Phosphatic and Potassic (P&K) fertilizers is announced by the Government on an annual basis for each nutrient on a per kg basis – which is determined taking into account the international and domestic prices of P&K fertilizers, exchange rate, inventory level in the country etc.
    • NBS policy intends to increase the consumption of P&K fertilizers so that the optimum balance (N:P:K= 4:2:1) of NPK fertilization is achieved.

    More Steps that can be taken

    [A] Need to shift our focus to Bio-fertilizers

    • Bio-fertilizers are cheap, renewable, and eco-friendly, with great potential to supplement plant nutrients.
    • The use of biofertilizers is necessary to maintain soil health as more and more use of chemical fertilizers kills all the microorganisms available in the soil, which are so essential for maintaining soil health.

    [B] Reduce consumption of high-analysis fertilizers

    • There is a need to cap or even reduce consumption of high-analysis fertilizers – particularly urea (46 per cent N content), DAP (18 per cent N and 46 per cent P) and MOP (60 per cent).
    • Incorporate urease and inhibition compounds in urea: This can be done by incorporating urease and nitrification inhibition compounds in urea.

    [C] Revise nutrient application recommendations

    • Farmers need to know what is a suitable substitute for DAP and which NPK complex or organic manure can bring down their urea application from 2.5 to 1.5 bags per acre.
    • It calls for agriculture departments and universities not just to revisit their existing crop-wise nutrient application recommendations, but to disseminate this information to farmers in a campaign mode.

    Way forward

    • Self-reliance: We need to be self-reliant and not depend on the import of fertilizers. In this way, we can escape the vagaries of high volatility in international prices. In this direction, five urea plants at Gorakhpur, Sindri, Barauni, Talcher, and Ramagundam are being revived in the public sector.
    • Extend the NBS model to urea: There is a need to extend the NBS model to urea and allow for price rationalization of urea compared to non-nitrogenous fertilizers and prices of crops.
    • Improve innovation: To scale up and improve innovations to develop alternative fertilizers.
    • Improve fertilizer efficiency:  India should pay attention to improving fertilizer efficiency through need-based use rather than broadcasting fertilizer in the field. The recently developed Nano urea by IFFCO shows promising results in reducing the usage of urea.

    Conclusion

    Thus, it can be concluded that the Indian fertilizer sector needs a structural overhaul from production to prices. In the current situation, the newly launch One Nation, One Fertilizer scheme along with the above-mentioned changes will go a long way in enhancing the productivity of agriculture, mitigating climate change, providing an alternative to chemical fertilizers and balancing the fiscal impact of fertilizer subsidy on the Union Budgets in the years to come.

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  • [Sansad TV] Diplomatic Dispatch | India-Latin America Relations

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    Context

    • As External Affairs Minister Dr S Jaishankar wrapped up a visit to Argentina, Brazil and Paraguay, we take an in-depth look at India’s ties with Latin America.
    • Latin America is generally understood to consist of the entire continent of South America in addition to Mexico, Central America, and the islands of the Caribbean.

    India-Latin America Relations: A Backgrounder

    Latin America

    (i) Beginning

    • India’s ties with certain Latin American nations are longstanding and Mexico was the first Latin American country to recognize India after its independence in 1947.
    • When Fidel Castro ousted the Batista regime in Cuba in 1959, India was one of the first countries to recognize the new government, set-up an embassy in Havana and establish diplomatic relations.
    • However, relations between India and Latin America did not gather momentum throughout most of India’s post-independence history.

    (ii) Post-independence

    • India and Latin American nations were both colonies of European powers. After achieving independence, both adopted socialist policies, which did little to enhance relations.
    • Many Latin America and the Caribbean (LAC) countries joined the Non-Aligned Movement (NAM).
    • India also supported LAC countries against US interventions in the UN and other multilateral gatherings, but this did not address the deficit in the relationship.

    Why does Latin America matter to India?

    (i) Economic determinants

    • Energy demand is rising: In a view of India’s growing demand for energy and its interest in seeking overseas investments, Latin America attracts New Delhi’s interest. After all, the region is rich in extractive resources.
    • Important markets: Given that three G20 economies, i.e. Brazil, Mexico, and Argentina are in Latin America, Indian businesses are keen to tap its expansive market.
    • IT collaboration: During the last two decades, India’s trade with Latin American countries has grown substantially and its investments are diversified in sectors such as Information Technology (IT) and manufacturing.
    • Export hub: Moreover, the region has emerged as an important market for the Indian pharmaceutical and automobile industries.

    (ii) Geopolitical determinants

    • China’s emergence in the region: Analysts within India’s strategic community are of the view that China is fast emerging as Latin America’s economic and strategic partner, and that India must begin expanding its own footprint in the region.
    • India’s Soft Power is making difference: To its advantage, India’s status as a rising power, its economic growth, as well as its soft power in the form of its cultural and civilizational practices such as yoga have gained traction in Latin America.

    Hurdles in cooperation

    • Geographic distance: Relations between India and Latin America did not gather momentum owing mainly to the geographical distance between the two regions, and differing domestic and international priorities.
    • Lack of cultural connection: There has also been a lack of cultural, linguistic and diaspora connections between the two regions in the past.

    Significance of India-Latin America Relations

    • Pharma exports: India exports a billion dollars worth of generic medicines to Latin America, which has helped these countries reduce the cost of healthcare.
    • FDI: Latin American firms have invested about a billion dollars in India in areas such as soft drinks, multiplexes, theme parks, and auto parts.
    • Software production: Latin American software firms have also established development and delivery centres in India, employing over a thousand Indian software engineers
    • Energy security: Latin America has also emerged as a key contributor to India’s energy security. India now imports 20% of its crude oil from Brazil, Columbia, Mexico and Venezuela.
    • ITES exports: India also constitutes one of the largest suppliers of IT services to Latin America. Over 35,000 Latin Americans are employed in Indian IT companies operating in the region

    Key factor: Countering Chinese domination

    • Although India has steadily expanded its footprint in Latin American countries over the past several years, it is still dwarfed by China’s immense presence in the region.
    • Many Latin Americans governments resent Chinese imports, which flood their markets at the cost of local businesses.
    • They are also worried by their growing dependence on Chinese investments.
    • By contrast, India’s modest trade and investments are welcomed with virtually no opposition.
    • This gives New Delhi an unexpected, long-term competitive advantage over China.

    India’s interests in Latin America

    (1) Economic

    • Latin America is also very rich in minerals such as copper, lithium, iron ore, gold and silver. It gives India an opportunity to increase investments for their extraction as well as for their imports at cheaper rates.
    • India’s exports to Latin America increased by 9.6% in 2018-19 (April to March) reaching $13.16 billion from $12 billion in 2017-18.

    (2) Strategic 

    • The region is very important for India in order to achieve its global ambitions such as in order to pursue its membership of the UNSC, the NSG and at various other negotiations like climate change, terrorism, trade, etc
    • India is cooperating with Brazil at platforms like BRICS, IBSA which has provided an alternative platform for developing countries and reduces their dependence on existing institutions controlled by west.

    (3) Energy security

    • Currently India sources 15% of its crude oil from Latin America countries.
    • Latin America is also an important partner in the India led International Solar Alliance.

    (4) Food security

    • Latin America region is five times that of India and only has half as much population.
    • India is importing pulses and oil seeds from many of African and Southeast Asian countries at very high costs.

    Why India should expand ties with Latin American countries

    • Growth prospect: With a collective GDP of more than $6 trillion, and a combined population of more than 600 million, half of which is under the age of thirty, Latin America constitutes a dynamic, growing and resource-rich part of the world with huge economic prospects for India.
    • Food Security: Latin America can also contribute towards food security. The region is five times the size of India and has only half the population. India is currently importing pulses and oilseeds from other countries at high costs.
    • Cheaper imports: Latin America is also very rich in minerals such as copper, lithium, iron ore, gold and silver, and could give India an opportunity to increase investments for their extraction as well as for their import at cheaper rates.

    Way Forward

    • Bringing India and Latin America together will require effective institutional framework as well as businesses and people-to-people networks.
    • India must also promote Latin American studies, invest in shipping industries, and conclude preferential trade agreements and free trade agreements at the earliest.
    • Latin American languages must be encouraged in India to incentivise Indian professionals to take jobs in these countries, and to promote trading ties.
    • The commerce ministry should revive its ‘Focus: LAC’ programme, which has previously helped encourage and support Indian exporters to explore business opportunities in the region.

    Conclusion

    • Despite recent improvements on many fronts, however, both India and the LAC countries face some formidable challenges.
    • They still have some of the highest inequality indices in the world, as well as serious deficiencies in infrastructure, technology, innovation and competitiveness.
    • India and the LAC region could approach these challenges as opportunities to forge new partnerships to promote growth and development through increased trade and investment.

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  • [Burning Issue] Bilkis Bano Case

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    Context

    • Recently, the Gujarat government released 11 convicts who were sentenced to life imprisonment for the heinous murder and gang rape of women during the Gujarat communal riots of 2002.
    • The action by the government has received heavy criticism from all sections of society with more than 130 former civil servants writing an open letter to the Chief Justice of India (CJI) against the action and asking for its revocation.
    • The case has again highlighted the issues regarding crimes against women in India and prisoner’s conviction remission policies of states.

    About the Bilkis Bano Case

    • Bilkis Bano is a gangrape survivor of the 2002 riots in Gujarat. Rioters brutally attacked Bilkis and her family, raped the women and killed many of them.
    • Her case was taken up by the National Human Rights Commission (NHRC) and Supreme Court. Later, the Supreme Court transferred the investigation to the CBI and the case to Mumbai to facilitate a free and fair trial.
    • Eleven men were convicted by the trial court and sentenced to life. The Bombay High Court confirmed their life terms in 2017.
    • In 2019, the Supreme Court awarded compensation of Rs 50 lakh to Bilkis — the first such order in a case related to the 2002 riots.

    Issues highlighted by the case

    (A)Crimes against women

    • Crime against women increased 7.3 per cent from 2018 to 2019 says the annual National Crime Record Bureau’s “Crime in India” 2019 report.
    • Majority of cases under crime against women under IPC were registered under ‘cruelty by husband or his relatives (30.9%), followed by an assault on women with intent to outrage her modesty (21.8%), kidnapping & abduction of women (17.9%) and ‘rape’ (7.9%).
    • UP reported the highest number of crimes against women (59,853), accounting for 14.7 percent of such cases across the country.
    • It was followed by Rajasthan (41,550 cases; 10.2 per cent) and Maharashtra (37,144 cases; 9.2 per cent).
    • The problem of underestimation of gender-based crime is compounded by the failure of the justice system of the country in securing convictions.

    Various types of crimes against women in India

    [I] Domestic violence

    • Domestic violence is abuse by one partner against another in an intimate relationship such as dating, marriage, cohabitation or a familial relationship.
    • It is also categorized as domestic abuse, spousal abuse, battering, family violence, dating abuse and intimate partner violence (IPV).

    [II] Killings

    (a) Female infanticide and sex-selective abortion

    • Female infanticide is the elected killing of a newborn female child or the termination of a female fetus through sex-selective abortion.
    • In India, there is an incentive to have a son, because they offer security to the family in old age and can conduct rituals for deceased parents and ancestors.
    • In contrast, daughters are considered to be a social and economic burden

    (b) Dowry deaths

    • Dowry death is the murder or suicide of a married woman caused by a dispute over her dowry.
    • In some cases, husbands and in-laws will attempt to extort a greater dowry through continuous harassment and torture which sometimes results in the wife committing suicide.

    (c) Honor killings

    • An honor killing is a murder of a family member who has been considered to have brought dishonor and shame upon the family.
    • Examples of reasons for honor killings include the refusal to enter an arranged marriage, committing adultery, choosing a partner that the family disapproves of, and becoming a victim of rape.
    • Village caste councils or khap panchayats in certain regions of India regularly pass death sentences for persons who do not follow their diktats on caste or gotra.

    (d) Witchcraft accusations and related murders

    • Witchcraft is the practice of what the practitioner believes to be magical skills and abilities, and activities such as spells, incantations, and magical rituals.
    • Murders of women accused of witchcraft still occur in India.  Poor women, widows, and women from lower castes are most at risk of such killings.

    [III] Sexual Abuse/ Molestation/ Rape

    • Rape is one of the most common crimes in India.
    • According to the National Crime Records Bureau, one woman is raped every 20 minutes in India.
    • In India, marital rape is not a criminal offense.  
    • India is one of fifty countries that have not yet outlawed marital rape.

    (b) Forced Marriage

    • Girls are vulnerable to being forced into marriage at young ages, suffering from a double vulnerability: both for being a child and for being female.
    • Child brides often do not understand the meaning and responsibilities of marriage.

    [V] Harassment

    (a) Trafficking and forced prostitution

    • Human trafficking, especially of girls and women, often leads to forced prostitution and sexual slavery.

    (b) Online abuse

    • As the internet becomes an increasingly important part of human existence to make their voices heard, a woman’s inability to feel safe online impedes her freedom.
    • Women are regularly subject to online rape threats, online harassment, cyber-stalking, blackmail, trolling, slut-shaming and more.

    (c) Harassment at the workplace

    • The #MeToo movement is aimed at demonstrating how many women have survived sexual assault and harassment, especially in the workplace.
    • Scores of women, many journalists, came out with accounts of sexual harassment at the workplace, mostly comprising of indecent remarks, unwanted touches, demands for sex, and the dissemination of pornography.

    (B) Issues with Remission Procedure

    What is Remission?

    • Life imprisonment normally means convicts remain in jail for the whole of their life. However, they can be released by the State and Central governments at some point, but not before they complete 14 years, by remitting the remaining prison term. This act by governments is called remission.
    • Article 72  and Article 161 of the Constitution deals with the judicial power of the President and Governor to grant pardon. It also includes the remission of sentences by the two dignitaries.
    • Judicial decisions advocate both subjective and objective norms for remission. Courts have ruled that remission should be informed, fair and reasonable, and not arbitrary; that it should not undermine the nature of the crime.
    •  In Laxman Naskar vs Union of India (2000), the Supreme Court laid down five considerations: whether the offense is an individual act of crime that does not affect society; whether there is a chance of the crime being repeated in the future; whether the convict has lost the potentiality to commit a crime; whether any purpose is being served in keeping the convict in prison; and socio-economic conditions of the convict’s family.
    • However, recently the Supreme Court took notice of the remission issue and referred to a seven-judge bench the issue of whether states can grant the benefit of remission to convicts under the Constitution by laying down a common policy. The bench will take into consideration whether states can use remission powers without consulting the Governor.
    • The bench will also visit Section 433-A of CrPC, according to which, a person, serving a life term, cannot be granted remission benefit without completing 14 years in prison.

    Remission in this case

    • The outcry over the remission granted in this case is largely due to the brutal and horrific nature of the crime. However, lawyers and activists have highlighted possible legal infirmities.
    • For one, the remission has been granted by the Gujarat government without consulting the Centre. Under Section 435 of the Code of Criminal Procedure (CrPC), in a case investigated by the CBI, such consultation is mandatory before remission. The Supreme Court has also ruled that ‘consultation’ means ‘concurrence’ in this regard.
    • The opinion of the judge who conducted the trial or in charge of the district should be taken too. But in this case, it was not taken.
    • Section 432(7) of the CrPC says the appropriate government will be “the State within which the offender is sentenced or the said order is passed”. Thus, in this case, it should be Maharashtra Government.
    • Commentators have also pointed out that the current remission policy of the Gujarat Government bars those found guilty of heinous crimes from being given remission. Their release under a 1992 policy (because it was the one prevailing during their conviction) may also be subjected to legal scrutiny.
    • The remission policy of states was also brought under the scanner when the Tamil Nadu government passed an order for the remission of the sentence of A.G Perarivalan, a convict in former PM Rajiv Gandhi’s murder case.

    Some Government initiatives for Women’s safety

    • Nirbhaya Fund for projects for the safety and security of women
    • One-Stop Centre Scheme to provide integrated support and assistance to women affected by violence, both in private and public spaces under one roof
    • Online analytic tool for police called â€œInvestigation Tracking System for Sexual Offences” to monitor and track time-bound investigations in sexual assault cases in accordance with Criminal Law (Amendment) Act 2018.
    • National Database on Sexual Offenders (NDSO) to facilitate the investigation and tracking of sexual offenders across the country by law enforcement agencies
    • In order to coordinate various initiatives for women safety, MHA has set up a Women Safety Division.

    Way forward

    • Gender-based violence, an especially violent crime like rape, is a multifaceted problem.
    • To address this, it is essential to tackle various other concurrent issues that act as contributing factors and thus play an equally important role.
    • Although the incorporation of stringent laws and stricter punishments are important to deter people from committing such crimes, the solution to this is much more than just promulgation.
    • It is important to acknowledge that judicial reform is only one aspect; there is a more humane side to this whole issue.
    • For the remission of sentence issue, the state governments must consider the parameters given by Supreme court diligently before granting any remission.

    Conclusion

    Thus, the Bilkis Bano Case has multiple dimensions, especially social and legal aspects. The need is to carefully examine all aspects, strengthen our vow to secure women’s rights in the nation and at the same time make necessary changes to remission policies to not let any undeserved person set free.

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  • [Sansad TV] Perspective: How to write a Judgement

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    Context

    The Supreme Court of India has delivered a judgement on how to write a judgement!  A bench comprising Justices DY Chandrachud and AS Bopanna made this crucial observation while dealing with a judgment of the Himachal Pradesh High Court which was found to be “incomprehensible“.

    • Judgment writing is a critical instrument in fostering the rule of law and in curbing rule by the law.
    • That was the assertion made by the Supreme Court recently while delivering a judgment on how to write a judgment.

    How can judges ensure lucidity in writing judgments? How can judgments be more structured? These are aspects on which the apex court has given directions.

    Writing a Judgement

    • A bench of Justices DY Chandrachud and AS Bopanna noted that the purpose of judicial writing is:
    • Not to confuse or confound the reader behind the veneer of complex language
    • Judgments speak to the present and to the future in settling crucial issues of law, besides providing a platform for societal dialogue.
    • Setting down guidelines for judicial writing, the two-judge bench underlined that confidence in the judicial process is predicated on the trust that its written word generates.
    • If the meaning of the written word is lost in language, the ability of the judge to retain the trust of the reader is severely eroded.

    Guidelines for making a judgment

    [A] A judgment is a manifestation of reason

    • A judgment culminates in a conclusion. But its content represents the basis for the conclusion.
    • A judgment is hence a manifestation of reason.
    • The reasons provide the basis of the view which the decision maker has espoused, of the balances which have been drawn.
    • That is why reasons are crucial to the legitimacy of a judge’s work.
    • They provide an insight into judicial analysis, explaining to the reader why what is written has been written. The reasons, as much as the final conclusion, are open to scrutiny.
    • The validity of the decision is tested by the underlying content and reasons.

    [B] A judgment speaks to the present and to the future

    • Judicial outcomes taken singularly or in combination have an impact upon human lives.
    • Hence, a judgment is amenable to wider critique and scrutiny, going beyond the immediate contest in a courtroom.
    • Citizens, researchers and journalists continuously evaluate the work of courts as public institutions committed to governance under law.
    • Judgment writing is hence a critical instrument in fostering the rule of law and in curbing rule by the law.

    [C] Judgment writing is a layered exercise

    • Judgment writing is a layered exercise. In one layer, a judgment addresses the concerns and arguments of parties to a forensic contest.
    • In another layer, a judgment addresses stakeholders beyond the conflict.
    • It speaks to those in society who are impacted by the discourse.
    • In the layered formulation of analysis, a judgment speaks to the present and to the future.
    • Whether or not the writer of a judgment envisions it, the written product remains for the future, representing another incremental step in societal dialogue.

    [D] Brevity is an unwitting victim of an overburdened judiciary

    • Brevity means concise and exact use of words in writing a judgment.
    • Many judgments do decide complex questions of law and of fact.
    • Hence Brevity is an unwitting victim of an overburdened judiciary.
    • It is also becoming a victim of the cut-copy-paste convenience afforded by software developers.

    Issue, Rule, Application and Conclusion: IRAC Method of Judgment Writing

    In terms of structuring judgments, it would be beneficial for courts to structure them in a manner such that the “Issue, Rule, Application and Conclusion” are easily identifiable.

    1. Issue: It refers to the question of law that the court is deciding. A court may be dealing with multiple issues in the same judgment. Identifying these issues clearly helps structure the judgment and provides clarity for the reader on the specific issue of law being decided in a particular segment of a judgment.
    2. Rule: It refers to the portion of the judgment which distils the submissions of counsel on the applicable law and doctrine for the issue identified.
    3. Application: This rule is applied to the facts of the case in which the issue has arisen. The analysis recording the reasoning of a court forms the “Application‟ section.
    4. Conclusion: Finally, it is always useful for a court to summarize and lay out the “Conclusion‟ on the basis of its determination of the application of the rule to the issue along with the decision vis-Ă -vis the specific facts. This allows stakeholders, especially members of the bar as well as judges relying upon the case in the future, to concisely understand the holding of the case.

    Significance of lucid judgments

    • Judgments of the High Courts and the Supreme Court serve as precedents to guide future benches.
    • A judgment must make sense to those whose lives and affairs are affected by the outcome of the case.
    • While a judgment is read by those as well who have training in the law, they do not represent the entire universe of discourse.
    • If the meaning of the written word is lost in language, the ability of the adjudicator to retain the trust of the reader is severely eroded.

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  • [Burning issue] Renewable energy in India: Prospects, Challenges, Policies and Way Forward

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    Context

    • Power is one of the most crucial components for the economic growth and welfare of nations. The existence and development of an adequate power sector are essential for the sustainable growth of the Indian economy. 
    • In this context, a report titled, “Investing for Impact: Renewable Energy & Cleantech,” released by Aspire Circle, has projected that India can generate a staggering $212 billion in revenue and create 3.4 million jobs, impacting 919 million lives by 2030 with an investment of USD 350 billion in several ventures and initiatives dedicated to renewable energy and cleantech.
    • Thus, in this edition of the burning issue, we will be discussing the renewable energy sector of India, its prospects, achievements, challenges and way forward.

    What is renewable energy?

    • Renewable energy is defined as energy that comes from resources, which are naturally replenished on their own.
    • The major renewable energy sources presently are Solar energy, Wind energy, Hydroelectric power (large and small units), Wave energy, Ocean thermal energy conversion and Tidal energy and Biomass power.

    Current scenario of Renewable Energy in India

    • India is the world’s 3rd biggest renewable energy producer (136 GW out of 373 GW) of total installed energy capacity in 2021 coming from renewable sources.
    • India has been ranked 5th for installed hydroelectric power capacity. As of 31 March 2020, India’s installed utility-scale hydroelectric capacity was 45,699 MW, or 12.35% of its total utility power generation capacity. The following is the breakup of the total installed capacity for Renewables, as of 31 December 2021-
    • Small Hydro Power: 4.83 GW
    • Large Hydro: 46.51 GW
    • Wind power: 40.08 GW
    • Solar Power: 49.34 GW
    • Biopower: 10.61 GW

    Benefits of renewable energy:

    • Private sector involvement: the set target of 450GW from renewables by the government created a huge opportunity for the private sector to get involved in the design and manufacturing of components of renewable energy technology in India only and thus book profits.
    • Low cost of maintenance: Renewable energies like wind energy, biopower or solar energy requires almost zero maintenance and thus provide longer working hours and reduced labor cost.
    • Environment friendly: as they have almost nil carbon footprint and does not emit any harmful pollutants like PM2.5 or PM10 or greenhouse gases like carbon dioxide, NOx etc.
    • Fulfill several government objectives: like achieving the Panchamrit goals, SDGs, make in India, INDC of Paris Climate Deal and employment generation.
    • Decentralized: Renewable energy plants can be located near the location of demand for energy. For example, a biogas plant or a solar plant can be established near a far-off cluster of villages thus eliminating the need to connect such remote villages to the national grid. For example, UT Daman has been receiving its energy completely from solar energy generated inside and in the vicinity of the city, thus reducing its dependence on the national power grid.

    Factor’s responsible for increasing demand for renewable

    • Waiver of inter-state transmission charges for the sale of solar and wind power.
    • The renewable purchase obligation (RPO) targets state DISCOMS to boost demand for renewable energy in states.
    • Permitting FDI in the renewable sector has accelerated the progress.
    • Rising demand for electricity as the economy rebounds after the COVID lockdowns.
    • Falling prices for renewable energy, with per unit tariff for solar energy getting reduced up to 80% from the 2008 level.
    • India’s push to manufacture solar photovoltaic modules through the government support schemes aimed at boosting Indian manufacturers’ competitiveness and attracting investment (Production Linked Incentive schemes)

    Need for transition to renewable energy

    • Increasing climate crisis due to historic and current continuous burning of Fossil fuels for the majority of power generation in the world and India. Renewable energy can limit climate disruption and boost energy security. Renewables are the peace plan of the 21st century.
    • Volatile supplies of non-renewable energy sources due to regional wars and sanctions on supplying nations. For example, Iran and Russia- the two major energy producers in the world are under various international sanctions, thus reducing the supply of energy products in international markets.
    • To promote Sustainable development by reducing externalities of pollution and promoting a green economy.
    • As a signatory to the Paris Climate Agreement, India is committed to increasing its share of renewable energy capacity to 450 GW by 2030. Thus, a transition to renewable is needed to fulfill our commitments to the international community.
    • The government of India has set targets to reduce India’s total projected carbon emission by 1 billion tonnes by 2030, reduce the carbon intensity of the nation’s economy by less than 45% by the end of the decade, achieve net-zero carbon emissions by 2070 and expand India’s renewable energy installed capacity to 500 GW by 2030.

    Prospects of Renewables in India

    • Renewable Energy Country Attractiveness Index of EY ranked India 3rd behind USA and China as the most attractive renewable energy destination.
    • The estimation of the potential wind resources in India is 102,788 MW assessed at 80m Hub height. The installed capacity of wind power in India was 22,645 MW as of 30 March 2015.
    • India has a coastline of 7,500 km with an estimated wave energy potential of about 40,000 MW.
    • India has a potential of 8,000 MW of tidal energy as per the estimates. An agreement is signed to implement India’s first 3.75 MW mini-tidal power project in West Bengal.
    • The total OTEC potential around India is estimated as 180,000 MW considering 40% of gross power for parasitic losses. 
    • India is very rich in biomass. It has a potential of 19,500 MW (3,500 MW from biogas-based cogeneration and 16,000 MW from surplus biomass). Currently, India has 537 MW commissioned and 536 MW under construction. 
    • Growing private sector interest in the renewable energy sector in India is evident from major private companies of India like Reliance Powers planning to invest Rs 5 lakh crore in green energies.

    Achievements of India in the Renewable energy sector

    • India has today become the most attractive destination for investment in the renewable sector.
    • During the last six years, the renewable energy sector has attracted over Rs 4.7 lakh crore of investment, including FDI of about Rs 42,700 crore.
    • India witnessed 20% CAGR growth in renewable generation since FY16 while total electricity generation saw 4.3% growth in the same period.
    • The current cost of energy (LCOE) for large-scale solar in India has reduced to around Rs 2.5 per kWh, compared to ~Rs 12 in 2010. 
    • India is now in the 4th global position for overall installed renewable energy capacity. Renewable energy has a share of 26.53% of the total installed generation capacity in the country.
    • Renewable energy installed capacity increased 286% in the last 7.5 years.
    • Highest ever wind capacity addition of 5.5GW in 2016-2017.
    • The world’s largest renewable energy park of 30 GW capacity solar-wind hybrid project is under installation in Gujarat.

    Challenges of Renewable Energy in India

    • High initial cost of installation: While the development of a coal-based power plant requires around Rs 4 crore per MW, the investment required a wind-based plant, with a capacity utilization of 25%, which requires an investment of Rs 6 crore per MW.
    • Reliability: By their very nature, solar and wind energy are variable in availability both spatially as well as geographically. Hence, they need to be supported by conventional sources of power.
    • Creation of storage infrastructure: To overcome the variable nature of renewable sources of energy, it is vital to invest in affordable batteries of large capacity.
    • Poor DISCOM’s condition: An important challenge for further scaling up renewables in India is the poor financial condition of power distribution companies (discoms), most of which are owned by state governments and are reeling under heavy debts.
    • Funding: As already stated, renewable energy requires setting up large projects to harness economies of scale. This acts as a deterrent for private companies to invest initially.
    • Low Social acceptance: renewable-based energy system is still not very encouraging in urban India. Despite heavy subsidies being provided by the government for the installation of solar water heaters and lighting systems, its penetration is still very low.
    • Weak domestic manufacturing capability: It is important to set up manufacturing capacity in India to decrease imports and promote Atmanirbhar Bharat. It would also aid in the creation of multiple manufacturing jobs.
    •  Sustainability: that is, how to expand reliable energy access and use while maintaining affordability for consumers and financial stability for the DISCOMs.
    • Integration into the national grid: that is how to integrate increasing shares of renewable energy securely and reliably into the national electricity grid.

    Government policies for the promotion of Renewable in India

    • Renewable energy certificate: REC mechanism is a market-based instrument to promote renewable energy and facilitate the compliance of renewable purchase obligations (RPO). It aims to fix the mismatch between the availability of renewable energy resources in the state and what is required by a RPO.
    • Release of Green Hydrogen mission: The Mission aims to aid the government in meeting its climate targets and making India a green hydrogen hub. This will help in meeting the target of production of 5 million tonnes of Green hydrogen by 2030 and the related development of renewable energy capacity.
    • Launch of PLI scheme: A Production Linked Incentive (PLI) Scheme ‘National Programme on Advanced Chemistry Cell (ACC) Battery Storage’ to promote renewable energy storage infrastructure and manufacturing capacity.
    • Green term ahead market: As a first step towards Greening the Indian short-term power market, the government has launched pan-India Green Term Ahead Market (GTAM) in electricity which is an alternative new model introduced for selling off the power by the renewable developers in the open market without getting into long term PPAs.
    • International efforts: An India Energy Modeling Forum was launched under the US-India Energy partnership. Also, India has launched the International solar alliance which is a treaty-based international inter-governmental organization and aims to mobilize more than $1000 billion of investment needed by 2030 for the massive deployment of solar energy.
    • The Setting up of the Solar Energy Corporation of India: with the mandate of the SECI allows wide-ranging activities to be undertaken with an overall view to facilitating the implementation of the National Solar Mission and the achievement of targets set therein. The SECI has the objective of developing renewable energy (RE) technologies and ensuring inclusive RE power development throughout India.
    • National Offshore Wind Energy Policy, 2015: Under this Policy, the Ministry of New & Renewable Energy (MNRE) has been authorized to explore and promote the deployment of offshore wind farms in the Exclusive Economic Zone (EEZ) 

    Way Forward

    • Long-term Planning: Since renewable energy requires huge investment to achieve economies of scale, it is necessary to lay down policy direction well in advance so that the private sector can plan accordingly.
    • Avoid Frequent Surprises and changes: Frequent changes inthe policy are not appreciated by the private sector. The government should involve all stakeholders in the decision-making process, wide research and suggestions must be taken before announcing new policies or amending them.
    • New regulatory and policy frameworks: can activate more flexibility in the renewable energy sector. This can include steps like the creation of a single renewable energy regulator or a federal commission to manage the generation and flow of renewable energy.
    • Renewable energy technology as global good: We must make renewable energy technology a global public good, including removing intellectual property barriers to technology transfer.

    Conclusion

    • There can be no doubt about the fact that renewable energy is the energy of the future. The current direction indicates the possibility of the elimination of fossil fuel-based energy as early as 2050. This will lead to improved environmental health.
    • However, it is important that we have a clear policy guideline, wherein we explore the right mix of energy sources, integrated into the grid to achieve maximum efficiency.

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  • [Sansad TV] Mudda AapKa – Pakistan Crisis

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    Context: Political Crisis in Pakistan

    • The Pakistani police have charged Imran Khan under anti-terror law, days after the former PM attacked the police and a judicial officer at a huge rally in the capital, Islamabad.
    • He recently said that Pakistan would be de-nuclearized and broken into pieces.
    • These days, the ousted PM got global attention for openly praising India’s Foreign Minister S. Jaishankar for pursuing sovereign foreign policies.

    Pakistan conundrum: A quick recap

    (1) Attempt for a constitutional coup

    • In a high stage political drama, Imran Khan was ousted as the PM after a political and constitutional crisis emerged in Pakistan.
    • Pakistani National Assembly Speaker dismissed a no-confidence motion against PM during a session in which it was expected to be taken up for a vote, alleging foreign country’s involvement.
    • The Supreme Court of Pakistan (SCP) took a suo moto notice of the ongoing situation, creating a constitutional crisis, as effectively, Imran Khan led a constitutional coup.

    (2) Questions over Pak Army’s role

    • Meanwhile, Imran Khan had ordered termination of its Army Chief who was his staunch supporter turned opponent.
    • He has broken that consensus within Pakistan’s political class on deference to the Pakistan army and has demonised his political opponents.
    • Shortly after midnight on 10 April, a majority of members voted and passed the no-confidence motion, removing Khan from office, and making him the first prime minister in Pakistan to be removed from office through a no-confidence motion.

    Geopolitical impacts of the Pakistan Crisis

    The nation of more than 220 million people lies between Afghanistan to the west, China to the northeast and India to the east, making it of vital strategic importance.

    • Defiance from the US: Since coming to power in 2018, Khan’s rhetoric has become more anti-American.
    • Support for Russian invasion of Ukraine: He expressed a desire to move closer to China and, recently, Russia – including talks with President Putin on the day the invasion of Ukraine began.

    Here is what the upheaval, which comes as the economy is in deep trouble, means for countries closely involved in Pakistan:

    [A] INDIA

    • Terrorism: Any regime change in Islamabad has always been monitored closely by New Delhi for potential changes in the border scenario, and militancy.
    • Ongoing Ceasefire: As with Afghanistan, it is Pakistan’s military that controls policy in the sensitive area, and tensions along the de facto border there are at their lowest level since 2021, thanks to a ceasefire.
    • Absence of formal dialogue: There have been no formal diplomatic talks between the rivals for years because of deep distrust over a range of issues, including Khan’s extreme criticism of Indian PM.
    • Push of geo-economics: The Pakistani military has put pressure on the new government in Islamabad to build successful ties for geo-economics and bilateral trade.
    • Change in Kashmir rhetoric: The powerful army chief General Qamar Javed Bajwa said recently that his country was ready to move forward on Kashmir if India agrees.

    [B] AFGHANISTAN

    • Ongoing crisis: Now that the Taliban are back in power in Afghanistan, and facing an economic and humanitarian crisis due to a lack of money and international isolation.
    • Row over Durand Line: Tensions have risen between the Taliban and Pakistan’s military, which has lost several soldiers in attacks close to their mutual border.
    • Putting curb on terror activities: Pakistan wants the Taliban to do more to crack down on extremist groups and worries they will spread violence into Pakistan by the Tehreek-i-Taliban Pakistan (TTP) faction.

    [C] CHINA

    • “All weather” friends: Khan consistently emphasised China’s positive role in Pakistan and in the world at large.
    • Continuance of CPEC: The $60 billion China-Pakistan Economic Corridor (CPEC) which binds them together was actually conceptualised and launched under Pakistan’s two established political parties, both of which are set to share power in the new government.

    [D] UNITED STATES

    • No priority for US: Pakistan’s political crisis is unlikely to be a priority for President Joe Biden, who is grappling with the war in Ukraine, unless it led to mass unrest or rising tensions with India.
    • Pak retreat on alleged US involvement: With the Pakistani military maintaining its behind-the-scenes control of foreign and security policies, the change of government was not a major concern.
    • Damage control over Russian ties: Imran Khan’s visit to Moscow had been a “disaster” in terms of U.S. relations, and that a new government in Islamabad could at least help mend ties “to some degree”.

    Pakistan- the way it is: A rogue State

    • Obsession for Kashmir: Ever since Pakistan came into being, its biggest obsession has been India and Kashmir. Even after losing 3 crucial wars, the saga has never ended.
    • Obsession with India: The deploring economic condition, ever-increasing scarcity of water, dishevelled education system and growing radicalisation take a back seat in the breadth of bleeding India by a thousand cuts.
    • Perceived ‘conspiracy’ in all walks of polity: The only thing that helps the army/govt to stay in power is by vilifying India and delineating India as the biggest threat to their survival.
    • Lack of credible civilian leadership: Pakistan’s founders expected the idea of Pakistan to shape the state of Pakistan; instead, a military bureaucracy governs the state and imposes its own vision of a Pakistani nation. 
    • Army is the Deep-State: This shortcoming gave the army a chance to intervene and take over the functioning of the civilian government.  Ever since its inception, the army has played a decisive role in the internal governance and foreign policy.
    • Demographic bottlenecks: At the time of partition, Pakistan received a large share of military personnel as compared to the share of civilian migrants from India.
    • De-indigenization of own history:  Pakistan has always tried to de-indigenise its history, culture. It has always tried to attach its cultural habits with the Arabs and the invader Turks.
    • Crusade for Islam: Pakistan often stunts to be the khalifa of the Islamic world. It has propagated the rhetoric of Islamophobia despite being a Islamic republic.
    • Terrorism as a diplomatic tool: Pakistan is idiosyncratic to the common notion of diplomacy. Pakistan is the only state in the world that sponsors terrorism as a state policy be it in India or Afghanistan

    Dilemma for India

    • Leadership vacuum in Pakistan: Indian policymakers have not been able to engage in a formal diplomatic talk due to the leadership vacuum and deep distrust.
    • No talks amid Terrorism: India has tried both the diplomatic and the military ways to find a solution to the problem.  But nothing has worked out so far that could deter Pakistan from sponsoring terrorism.
    • Offensive defence: Even after 26/11, India’s responses were mostly limited to diplomatic and covert operations. Indian responses pre-surgical-strike were mostly dictated by the nuclear hangover.
    • Short-lived military deterrence: Surgical strike and Balakot strike manifested change in India’s attitude to take punitive and decisive action. But the deterrence which was expected to have been created have been short-lived.
    • Atomic hangover of Pakistan: It often reiterates the stance of being a potential atomic superpower, whenever reference to the ties with India are invoked.

    Implications for India

    From India’s point of view, two positive developments have taken place in the course of this turmoil:

    • Praise for India: First, Imran Khan, the outgoing prime minister who has alleged a US-led foreign conspiracy to oust his government, has heaped fulsome praise on India for its independent foreign policy.
    • Army wants ties with India: Pakistan’s powerful army chief, General Qamar Javed Bajwa, has yet again reached out to India with a message of peace, which the Modi government must not reject. He regards religious extremism, not India, to be a greater threat to Pakistan’s national security.

    What could be the reasons compelling Pakistan’s military to seek peace with India?

    Ans. Looming Economic Crisis

    • Pakistan is going through an acute economic crisis, which has made its military leaders to do some introspection.
    • Today, Pakistan stands at the crossroads of its economic and strategic goals. It has north-south connectivity (Pakistan to Afghanistan to Central Asia and Russia).
    • It now wants to capitalize the build connectivity from east to west (India to Iran) that will increase trade and benefit Pakistan and the region.

    Do you know?

    Tehrik-e-Taliban Pakistan (TTP) is the largest militant organization fighting against the state in Pakistan. It was once bred by Pak Army and ISI to wage Jihad in Kashmir Valley.

    This has now become biggest existential threats to Pakistan as a nation.

    Way forward

    • Capitalizing on-going conundrum: India cannot let these tactical advantages go in vain. It will have to capitalise on them.
    • Resumption of dialogue: The visionary Pak army chief will retire this year. Hence, there is a small window of opportunity in which India and Pakistan can resume dialogue and achieve a meaningful breakthrough.
    • Alert policy imperatives: India should respond careful to the peace message from our western neighbour — coming from none other than its army chief.
    • All-factor considerations: India needs to prepare a grand strategy to decipher this Pakistan conundrum which should take into consideration all the facets of the problem.
    • Balancing China: Another important aspect of this grand strategy, which would need greater accentuation, is the bonhomie between China and Pakistan. Pakistan is now a part of India’s larger China problem.

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  • [Sansad] Diplomatic Dispatch | India and the WTO

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    Context

    An international organization, WTO deals with global rules of trade. Its main function is to ensure that trade flows as smoothly, predictably and freely as possible. In this week’s episode, we demystify the World Trade Organisation. Why was it formed, what does it do, and what is India’s role at the WTO? How do India and the WTO lock horns quite often?

    About World Trade Organization (WTO)

    • The WTO is an intergovernmental organization that is concerned with the regulation of international trade between nations.
    • The WTO officially commenced on 1 January 1995 under the Marrakesh Agreement, signed by 123 nations on 15 April 1994.
    • It replaced the General Agreement on Tariffs and Trade (GATT), which commenced in 1948.
    • It is the largest international economic organization in the world.

    Functions of WTO

    • The WTO deals with the regulation of trade in goods, services and intellectual property between participating countries.
    • It provides a framework for negotiating trade agreements and a dispute resolution process aimed at enforcing participants’ adherence to WTO agreements, which are signed by representatives of member governments and ratified by their parliaments.

    Working Principles of the WTO

    The WTO establishes a framework for trade policies; it does not define or specify outcomes. That is, it is concerned with setting the rules of “trade policy.” Five principles are of particular importance in understanding both the pre-1994 GATT and the WTO:

    1. Non-discrimination: It has two major components: the most favored nation (MFN) rule and the national treatment policy. The MFN rule requires that a WTO member must apply the same conditions on all trade with other WTO members. National treatment means that imported goods should be treated no less favorably than domestically produced goods.
    2. Reciprocity: It reflects both a desire to limit the scope of free-riding that may arise because of the MFN rule and a desire to obtain better access to foreign markets.  
    3. Binding and enforceable commitments: The tariff commitments made by WTO members in multilateral trade negotiation and on accession are enumerated in a schedule (list) of concessions. These schedules establish “ceiling bindings”: a country can change its bindings, but only after negotiating with its trading partners.
    4. Transparency: The WTO members are required to publish their trade regulations, to maintain institutions allowing for the review of administrative decisions affecting trade, to respond to requests for information by other members, and to notify changes in trade policies to the WTO.
    5. Safety values: In specific circumstances, governments are able to restrict trade. The WTO’s agreements permit members to take measures to protect not only the environment but also public health, animal health and plant health

    What is the WTO’s Ministerial Conference?

    • The MC is at the very top of WTO’s organizational chart.
    • It meets once every two years and can take decisions on all matters under any multilateral trade agreement.
    • Unlike other organizations, such as the International Monetary Fund or World Bank, WTO does not delegate power to a board of directors or an organizational chief.
    • All decisions at the WTO are made collectively and through consensus among member countries at varied councils and committees.
    • This year’s conference took place in Geneva, Switzerland.

    Recent conference- MC12: “Geneva Package”

    • The conference has secured key agreements on
    1. Relaxing patent regulations to achieve global vaccine equity
    2. Ensuring food security
    3. According to subsidies to the fisheries sector
    4. Continuing moratoriums relevant to e-commerce
    • Together they constitute what WTO Director-General is referred to as the “Geneva Package.”
    • India saw some successes at the MC12 with respect to the above-mentioned sectors.

    Major debates at the MC12

    (1) Agriculture

    • India is a significant contributor to the World Food Programme (WFP).
    • India had earlier stated that it had never imposed export restrictions for procurement under the programme.
    • It put forth that a blanket exemption could constrain its work in ensuring food security back home.
    • In such a situation, it would have to keep its WFP commitments irrespective of its domestic needs.
    • Negotiators could not reach agreements on issues such as permissible public stockholding threshold for domestic food security, domestic support to agriculture, cotton, and market access.

    (2) Fisheries

    • India successfully managed to carve out an agreement on ELIMINATING subsidies to those engaged in illegal, unreported and unregulated fishing.
    • The only exception for continuing subsidies for the overfished stock is when they are deemed essential to rebuild them to a biologically sustainable level.
    • Overfishing refers to exploiting fishes at a pace faster than they could replenish themselves — currently standing at 34% as per the UN Food and Agriculture Organization (FAO).
    • Declining fish stocks threaten to worsen poverty and endanger communities that rely on aquatic creatures for their livelihood and food security.
    • Further, the agreements hold that there would be no limitation on subsidies by developing or least-developed countries for fishing within their exclusive economic zones (EEZ).

    (3) Patent relaxations

    • Member countries agreed on authorizing the use of a patent for producing COVID-19 vaccines by a member country, without the consent of the rights holder.
    • Further, it asks member countries to waive requirements, including export restrictions, set forth by WTO regulations to supply domestic markets and member countries with any number of vaccines.
    • The agreement, however, comes too little, too late for economically poorer countries.

    India and the WTO

    Ever since the inception of this organization, India has been an active participant in its affairs and policies and played a crucial role in raising the concerns and demands of developing countries.

    • Reforms Agent: India always worked towards a multilateral trading system that offers a fair, open, transparent and balanced level playing field in the interests of the developing and least developing countries.
    • Leadership: India’s role right from the inception of the institution has always been that of a leader of the South, trying to ensure that fair play is brought into a rule-based system of global trade. It has retained this role till now, given that many smaller developing countries rely on it.

    Issues with WTO

    (1) Persistent North-South divisions

    • WTO talks are mainly seen as a showdown between the North and the South.
    • This is particularly so with the growth in strength of the developing countries and their regional and continental groupings.

    (2) Farm Subsidies

    • The tussle between developed and developing economies over farm subsidies also continues, with rich countries reserving the right to spend billions of dollars on supporting their farmers.
    • The livelihood issues raised by India, on the other hand, are considered only grudgingly, while the “peace” clause, allowing a 10 percent subsidy on public stockholding of foodgrains, was extracted after many negotiations.

     (3) Developed vs. Developing Countries

    • Since the WTO allows countries to unilaterally classify themselves as “developing”, many countries have been happy to make use of this freedom. 
    • So, as many as two-thirds of the 164 members of the WTO have classified themselves as developing countries.

    (4) Decision-making process

    • In WTO decision-making is through consensus. This has translated into making the WTO decision-making long and subject to external manipulation.
    • Most of the time political and ideological differences come in a way of reaching a consensus.

    (5) Implementation problem

    • This relates basically to the difficulties that mainly developing countries face in meeting their obligations under the WTO agreements.
    • The two main areas that have affected implementation by developing countries have been the TRIPS and the Sanitary and Phytosanitary (SPS) measures agreements.

    (6) Not all countries joined

    • With an increasingly global trading system, member countries do not operate in isolation and trade with WTO member countries only.
    • Not all world countries have joined it makes it a less effective organization.  Countries such as Iran, Iraq, Lebanon, and Uzbekistan has not joined WTO yet.

    (7) Strong influence of Corporate

    • The WTO essentially protects multinational corporations based in the North.
    • It is often accused to be acted as a tool of rich and powerful countries – notably the US, the EU, Japan, and Canada.

    (8) Protectionism Vs Free Trade

    • There is a trade war between US and China despite both being a member of WTO.
    • This negates the core non-discriminatory principle of the WTO

    (9) Dispute settlement mechanism

    • While WTO’s dispute settling mechanism allows aggrieved parties to file cases against member-states, some of the cases and issues have remained unresolved for a long time
    • The U.S. has systematically blocked the appointment of new Appellate Body members (“judges”) and de facto impeded the work of the WTO appeal mechanism.
    • Further, the dispute resolution mechanism of the WTO, which can pass judgments on disputes, lacks the powers to enforce them as the enforcement of decisions is left to individual member states.

    Criticisms of WTO

    Although tariffs and other trade barriers have been significantly reduced thanks to GATT and WTO, the promise that free trade will accelerate economic growth, reduce poverty, and increase people’s incomes has been questioned by many critics.

    • Pro-rich: New countries actively reduce trade barriers only after becoming significantly rich. Each of the 164 members has their own protectionist agendas.
    • Western-Hijack: The general perception is that dominant economic powers like the United States and Europe have hijacked the system. 
    • Failure in poverty alleviation: Trade liberalization does not guarantee economic growth and certainly not poverty alleviation.
    • No mutual benefits: Critics also put forward the view that the benefits derived from WTO facilitated free trade are not shared equally.
    • Rich-poor countries’ rift: The gap between the rich and the poor continues to widen, especially in China and India, where economic inequality is growing even though economic growth is very high.
    • Competition: Trade liberalization that is too early without any prominent domestic barriers is feared to trap the developing economies in the primary sector, which often does not require skilled labor.

    A matter of perception

    • The developing countries do not believe that the WTO works for their benefit.
    • The WTO activities seem like wastage of taxpayer’s money. They only hold expensive conferences at exotic locations each year.  There is no outcome from these conferences.
    • It is often accused that the WTO is turning into an inefficient and useless international bureaucracy.
    • Governments use it as a forum to bestow economic benefits on their allies and penalties on their political rivals.

    The success of the WTO

    • The WTO is the world’s only international organization that supervises 95% of the world’s global trade.
    • The WTO has not only enhanced the value and quantity of trade but has also helped in eradicating trade and non-trade barriers.
    • WTO has also broadened the trade governance scope to trade in investment, services and intellectual property.
    • It has expanded the agenda by including developmental policies which further helped in the settlement of disputes and improved monitoring by introducing the Trade Policy Review and the World Trade Report.
    • WTO also encouraged sustainable trade developments. As trade expands in volume, in the numbers of products traded, and in the numbers of countries and companies trading, there is a greater chance that disputes will arise.  
    • The fact that there is a single set of rules applying to all members greatly simplifies the entire trade regime. The WTO cannot claim to make all countries equal. But it does reduce some inequalities, giving smaller countries more voice.
    • The WTO is still the single most effective international agency after the United Nation.

    Way forward

    • Currently, the WTO trumps all other international agreements. To sum it up, there is no real consensus on the success or failure of WTO.
    • However, there is a need for structural reform in the WTO functioning as a multilateral trading system. They can be summed up as:
    • Decision-making within the organization based on rational and non-partisan principles
    • Streamline reforms related to its dispute settlement system.
    • Implement development-oriented policies in an effective manner.
    • Facilitate global trade liberalization in agriculture and textiles.
    • Encourage NGOs to become an important part of world trade governance.
    • Devise ways to increase staff and resources to ensure effective regulation.
    • Despite WTO being a democratic organization, there is a need to make it more effective in protecting the interests of small nations against stronger countries.
    • WTO needs to strengthen the dispute settlement mechanism as there are issues in the appointment of judges in the new appellate body
    • Lastly, WTO needs to enhance the discussion mechanism by introducing wider consultations.

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  • [Burning Issue] Decoding China’s War Strategy to invade Taiwan

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    Context

    • On 2nd August 2022, after US House Speaker Nancy Pelosi visited Taiwan, the Chinese have been conducting aggressive military drills near Taiwan. This situation is so critical that a minor miscalculation here and there could escalate this conflict to World War III itself.
    • In this edition of the burning issue, we would try to delve into the possible war strategy of China to attack and acquire Taiwan. How could this little island of Taiwan with the support of the American and Japanese armies defend against the mighty Chinese army and how could this battle of Taiwan lead to the horrific World War III.

    What is the issue between China and Taiwan?

    • Taiwan is an island about 160 km off the coast of south-eastern China, opposite the Chinese cities of Fuzhou, Quanzhou, and Xiamen. It was administered by the imperial Qing dynasty, but its control was passed to the Japanese in 1895. After the defeat of Japan in World War II, the island passed back into Chinese hands.
    • After the communists led by Mao Zedong won the civil war in mainland China, Chiang Kai-shek, the leader of the nationalist Kuomintang party, fled to Taiwan in 1949.
    • Chiang Kai-shek set up the government of the Republic of China on the island and remained President until 1975.
    • Beijing has never recognized the existence of Taiwan as an independent political entity, arguing that it was always a Chinese province under its ‘One China Policy‘. The PRC considers the island as a renegade province awaiting reunification by peaceful means, if possible.
    • This has generated strong opposition from the Taiwanese government and people. To protect its sovereignty, Taiwan remains closer to the US, buying weapons from it and thus irking China. This has become a major bone of contention between the two.

    Importance of Taiwan to China

    • TSMC (Taiwan Semiconductor Manufacturing Company) is the largest foundry in the world and holds around 65 percent of the global production of chips.
    • Any potential conflict with China would completely disrupt the entire supply chain of TSMC and labor availability and could cause a major shortage of electronic chips.
    • Being in close vicinity of China, any alliance or engagement of Taiwan with any of the enemies of China would threaten its national security. Thus, it’s necessary for China to control Taiwan’s engagements with other  

    Importance of Taiwan for the US

    • Strategic importance– After Japan, Taiwan is the geographically closest friendly territory around China for the US in the Indo-Pacific region.
    • Economic importance– US-Taiwan has a bilateral trade of $105 billion with the US high dependence on Taiwanese semiconductor chips.
    • Gaining lost credibility– the current crisis is about re-establishing steadily diminishing American credibility in the eyes of friends and foes through Taiwan.

    China’s War Strategy

    (A) Grey-zone warfare

    • The People’s Liberation Army – is waging so-called Grey-Zone warfare against Taiwan.
    • This consists of an almost daily campaign of intimidating military exercises, patrols and surveillance that falls just short of armed conflict.
    • The campaign has intensified, with Beijing stepping up the number of warplanes it is sending into the airspace around Taiwan. China has also used sand dredgers to swarm Taiwan’s outlying islands.
    • Military strategists tell that the grey-zone strategy has the potential to grind down Taipei’s resistance – but also that it may fall short, or even backfire by strengthening the island’s resolve.

    (B) Impose a blockade on Taiwan’s Matsu and Kingman islands

    • If a long campaign of grey-zone warfare fails to bring Taipei to the negotiating table the next step by China would be to impose a blockade on Taiwan’s Matsu and Kinmen Island which are just a few kilometers away from mainland China.
    • Since China is already facing the heat of Covid and the real estate bubble, China would plan to take Taiwan as quickly as possible and with as little damage as possible so the safest way to get Taiwan would be to intimidate them so much that they by default surrender without any bloodshed.
    • Chinese navy and submarines would encircle these islands and islets hundreds of sand dredgers fishing boats and Chinese paramilitary ships would move in to surround them and the Chinese fighter jets would begin round-the-clock patrols over the Taiwanese strait.

    (C) Customs quarantine strategy for mainland Taiwan

    • After the above steps, China will enforce customs, maritime and airspace jurisdictions over Taiwan. The move overrides Taiwan’s existing control of its airspace and maritime boundary.
    • China would ban all shipping from entering Taiwan’s territorial waters without its permission. The Chinese authorities inform all airlines and shipping companies that they must have Beijing’s official approval to enter or leave Taiwan’s airspace or ports. They also insist that all flights, ships and ferries submit passenger manifestos and customs declarations to Chinese authorities.
    • A vast fleet of PLA Navy, coast guard and maritime militia ships deploy around Taiwan to enforce the quarantine, intercepting ships attempting to approach the island without approval from Beijing.
    • OUTCOME: With the sudden halt to all imports and exports, Taiwan faces almost immediate shortages of essential supplies, particularly energy. The island is suddenly cut off from the world.

    (D) Full blockade of mainland Taiwan

    • Here’s where China uses its huge naval fleet to surround Taiwan in such a way that they take complete control over the entire water and airspace around Taiwan so this way neither ships nor planes could go in or come out.
    • Warships and strike aircraft would be deployed to make sure that the American and Japanese forces are prevented from approaching Taiwan and now China and Taiwan would launch air and missile strikes on each other.
    • With its blockade still in place, China may call for an immediate ceasefire, offers to allow urgently needed supplies to reach Taiwan, and invites negotiations with Washington in a bid to avert a full-scale war.

    (E) Attack on Taiwan infrastructure

    • Devastating air and missile attack will be launched on the island’s defenses. The aim is to smash Taiwan’s military, demoralize the population and force Taipei to the negotiating table before the United States and its allies can intervene.
    • PLA forces launch massive saturation attacks on key military and civilian targets. These include airfields, ports, air-defense radars, communication nodes, military command centers and headquarters, missile batteries, navy bases, major warships, key bridges, communication networks, power stations and grids, government buildings, radio and television stations, data centers and major transport arteries.

    (F) Full-fledged invasion

    • Without warning, the PLA would launch massive air, missile and cyber-attacks on key military and civilian targets all over Taiwan. At the same time, the PLA attacks U.S. bases in Japan and Guam with air and missile strikes in a bid to paralyze American forces and delay any intervention.
    • Within hours a major war will be raging in East Asia.

    Options for Taiwan

    • Fight back– Taiwan uses its full armed force to defend itself with or without US and allies. But it would be equivalent to suicide as Taiwan’s armed power is minuscule as compared to the Chinese army.
    • Surrender– surrender to the Chinese PLA thus saving itself from much destruction and hence leading to the realization of a decade-old dream of China- The unification of Taiwan with mainland China.
    • Buy time tactics– to keep China in a loop through diplomatic channels and negotiations till the time US and allies forces reach the Taiwan strait.

    Weaknesses of Taiwan

    Taiwan has three major weak points:

    • Taiwan has a very small army– China has 10 times more ground force, 8 times more naval destroyers and 30 times more submarines. Thus, China is going to outright destroy them all.
    • Communication cables in the South China Sea– Taiwan sends and receives 95 percent of the data and voice traffic along with these bundles of cable lines that run through this bay to different parts of the world. So, the Chinese fleet will cut these cables off and will completely disrupt the communication of Taiwan and more importantly the communication of the Taiwanese army.
    • Taiwan’s energy supplies- As of 2020, about 98 percent of Taiwan’s energy was imported from foreign countries and this was in the form of coal crude oil and petroleum products and these shipments come from Australia, Qatar Indonesia and Russia.

    Possible Outcomes of an invasion

    • Chinese control of Taiwan would dramatically reinforce the Communist Party’s prestige at home and eliminate the island as a viable model of a democratic alternative to authoritarian Party rule.
    • It would also give China a foothold in the so-called first island chain, the line which runs through the string of islands from the Japanese archipelago to Taiwan, the Philippines and Borneo, which enclose China’s coastal seas.
    • For China, success would translate into a commanding strategic position in Asia, undermining the security of Japan and South Korea, and allowing China to project power into the Western Pacific.
    • But if China loses the war, it might cause a revolt within CPC for new leadership and anger against President Xi Jinping or the Chinese population may rise against their communist government.
    • Severe sanctions by the western countries against China would further cripple its economy, making it difficult for China to regain its diplomatic might and economic status.

    Possible outcomes for the US and its Allies

    • If the US and its allies successfully counter China, it would be a great power booster for the US camp and the western world.
    • The US would be re-established as the only Superpower in the world, with the world order becoming unipolar once again.
    • However, if the US and its allies lose the war, it would be marked as the end of its hegemony as the world superpower, loss of power and prestige and would by default establish China’s dominance in the world.

    Implications for India and the world

    • Economic ties will be hit– Arguably more important to New Delhi is the economic component of its engagement with Taiwan. Last year, bilateral trade between India and Taiwan was estimated to be worth over $7 billion. Taiwanese firms have also invested over $2.3 billion in India. The two countries are even talking about a free trade deal and working out ways to create a semiconductor manufacturing hub in India. A war would nullify all these aspects.
    • World economy to suffer badly– Experts have predicted that any escalation in the Taiwan Strait will have an impact on trade and security throughout the entire Indo-Pacific region. Also, China has been a crucial value-adder to the global supply chain. It would be very difficult for the US to replicate Russia’s sanctioning of the aggressor and resupplying the resistor strategy on China-Taiwan. 
    • Semiconductor shortage– Taiwan is a small nation that has placed itself as one of the biggest manufacturers of essential semiconductors and electronic components. A blockade or slowdown of semiconductor chip shipments could be one of the many effects of a conflict between China and Taiwan, which would have an impact on many global industries, including manufacturing and internet communications technology.

    Way forward

    • Avoiding any escalation- both sides should maintain a restraint from further escalation of tensions keeping diplomatic channels open and actively pursuing back-channel diplomacy.
    • Respecting each-others sensitivities– on important unclear matters and taking up the trust-building process.
    • More Realistic approach by India– also, New Delhi must begin to deal with Taiwan as a weighty entity in its own right that offers so much to advance India’s prosperity.

    Conclusion

    • As Taiwan becomes the world’s most dangerous flashpoint, the geopolitical consequences for Asia and the world are real.
    • Once a sane man had said,” War is a tricky game, the only way to win it is to not play it at all”. After the war with COVID and then Russia-Ukraine ongoing war, the world cannot afford another war. Thus, a restraint from all sides is thus a sine qua non.

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  • [Burning Issue] Indian Democracy@75

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    Context

    Recently, India celebrated its 75th Independence Day. The occasion provides us a great opportunity to delve back in time when a newly independent nation made its ‘tryst’ with political democracy and how it is faring today on key democratic factors as well as in comparison to other major democracies of the world

    What is a democracy?

    The word democracy comes from the Greek words “demos”, meaning people, and “kratos” meaning power; so democracy can be thought of as “power of the people”: a way of governing that depends on the will of the people.

    No one is born a good citizen, no nation is born a democracy. Rather, both are processes that continue to evolve over a lifetime. Young people must be included from birth.   – Kofi Annan

    Why choose democracy?

    The idea of democracy derives its moral strength – and popular appeal – from two key principles:

    • Individual autonomy: The idea that no one should be subject to rules which have been imposed by others. People should be able to control their own lives (within reason).
    • Equality: The idea that everyone should have the same opportunity to influence the decisions that affect people in society.

    Democracy is good. I say this because other systems are worse.

    – Pt Nehry

    Democracy in India

    • Ancient India had a democratic republic even before the 6th century BCE and India has seen democratic rule through ages. Vaishali (in present-day Bihar) is considered one of the first republics around 6th century BCE.
    • Republics at that time were called â€˜Mahajanpadas’ and Sabhas and Samitis (assemblies) existed. Panchayat systems were also used in some of these republics.
    • Anti-colonial movements in India brought democracy into the picture during British rule in India. Nehru, Gandhi, Ambedkar, etc helped in bringing universal adult franchise, at a time when the literacy rate was very low in the nation.
    • Government of India Act, 1935 laid the foundation for democratic rule in India.
    • India’s independent modern democratic journey started in 1950 with the full implementation of the constitution of India. The constitution of India declared the nation as a sovereign democratic republic. India granted Universal Adult Franchise under Article 326 of its Constitution effective in 1950 giving a strong base for democracy.
    • The general elections of 1951 were the biggest electoral exercise on such a large scale in democratic history. Since then 17 Lok Sabha have been formed, several PMs and Presidents have been elected.
    •  The Indian Republic at present has a parliamentary system of democracy and a federal structure in which leaders are elected by citizens of various castes, classes, religions, etc.

    How Indian Democracy has performed in past?

    (A)Positive aspects

    Political front

    • India is the world’s largest democracy proving a success in accommodation of group and regional demands in a complex, quasi-federal, polity.
    • During the first general election in 1951, India had 54 political parties and now it has grown up to 464 in the 2019 general election as evidence of the deepening of the democratic process.
    • In the first General election in 1951, 173 million citizens were given the right to vote.
    • In the 16th general election in 2014, the size of the electorate had increased to 814 million.

    Social front

    • The democratic process has brought about a shift of political power from the middle and higher castes and classes of urban society to backward classes who are now the politically most influential ones in the country.
    • They have won reservations for themselves in legislatures and government services as were accorded to the Scheduled Castes and Scheduled Tribes after independence through Constitutional provisions.
    • Members of marginalized sections of society and minority communities have reached the top legislative and executive positions in the country.

    Economic Front

    • India has become the 5th largest economy in the world and is also the fastest growing major economy in the world.
    • India has been able to emerge as a regional power in Asia and superpower in south Asia backed by its economic, military and nuclear capabilities.
    • The incidence of Poverty has reduced from 70% in 1950 to around 20% at present. The economic well-being of people has improved. Incomes and living standard of people has improved substantially.

    (B)Negative aspects

    Political front

    • Declaration of emergency- in 1975 was an aberration in India’s political democracy journey and will remain a blot on Indian democracy.
    • Period of political instability– India saw the assassination of two of its Prime Ministers in the first 40 years of its democracy. The last decade of the 20th century witnessed high political turmoil due to unstable coalition governments. In this period, India saw 5 PM’s in 10 years.

    Social front

    • Low women representation: the number of elected women representatives in the Indian parliament is just 16% even after 75 years of independence.
    • Continuing ill social practices– like caste-based discrimination, manual scavenging etc point towards continuous breaching of fundamental rights of citizens of India. It also shows that we are still to achieve Social democracy.

    Economic front

    • Low per capita income– An Indian’s per capita income is one the lowest in the world, even lower than a Bangladeshi national.
    • High poverty and inequality: India still has one of the world’s largest populations of poor in the world. In addition to this, income and wealth distribution is highly unequal with the top 1% of wealthy people owing 70% of the wealth in India (Source- World inequality report)

    We must not to be content with mere political democracy. We must make our political democracy a social democracy as well. Political democracy cannot last unless there lies at the base of it social democracy. What does social democracy mean? It means a way of life that recognizes liberty, equality and fraternity as the principles of life.    – Dr. BR Ambedkar

    Present situation of Indian Democracy

    (A)Positive aspects

    • Still continuing democracy: The Indian democracy is still continuing opposite to what was apprehended by British PM Winston Churchill at the time of independence of India.
    • Public trust: The enthusiasm and trust among the Indian masses for democracy is still continuing as evident from high voting turnout during elections as compared tp developed democracies where voting percentages are declining.
    • Respect for constitution: The original constitution is still intact, continuing and greatly revered by all political parties and sections of the society.
    • Global reputation: At the international level, India has carved its own space as a highly diverse and largest democracy in the world,

    (B) Negative Aspect

    • Weakening of political democracy: Several constitutional experts have pointed toward a decline in democracy in India. It is evident from the dropping rankings of India in several key indices like the Democracy index (labelled India a ‘flawed democracy’), V-Dem report (called India ‘Electoral Autocracy’)
    • Decline of Parliament: Parliament as a democratic institution is underperforming. The ability of Parliament to seek accountability of the executive has been severely hampered. Productivity of Lok Sabha in the 2021 monsoon was just 22% due to disruption by Opposition. Informed debates in parliament have also been reduced. There is high usage of ordinances and voice notes to make decisions inside parliament
    • Non-Attainment of economic democracy: As evident from high economic inequality among masses [the debate of INDIA (Urban India) vs BHARAT (Rural India)], low women participation in the labour force, economic backwardness in several large states like Bihar, Jharkhand, Odisha etc
    • Weak social democracy: As evident from recent communal clashes in Delhi and Uttar Pradesh, continuing of several secessionist movements like Khalistan, demand for Nagalim, high crimes against women etc this has hampered the creation of true ‘Fraternity’ which Preamble of Constitution talks about.
    • Weakening of civil society: There has been a continuing phenomenon of weakening of civil society including NGO’s, academic institutions where these institutions are finding it difficult to uphold accountability of the govt.
    • Growing gulf between public and their representatives: Today, elected representatives are more representatives of their political parties than the people who have elected them. Also, Older MP’s are representing young India (Average age of Indian MP’s-54) and Crorepati MP’s are representing poor Indians (88% MP’s are crorepati).

    Causes of lacunas in current democracy

    • Authoritarian attitude of the regime– The government due to Weak opposition and civil society, as they are failing to uphold the Government’s accountability inside and outside parliament.
    • COVID-19 crisis– parliaments stopped working during the crisis which further led to reduced accountability of the executive to parliament
    • Criminalization of politics– there has been a growing trend in the number of parliamentarians having criminal records with the current 17th Lok Sabha having the highest ever (50%) of MP with criminal records of them. Thus, lawbreakers are becoming lawmakers.
    • Decreasing ethical politics- The political morality and ethical conduct of elected representatives have been decreasing rapidly as evident from the frequent shifting of politicians between different political parties (‘Resort’ democracy, where the governments are being formed in resorts rather than in parliament), use of unethical language and unparliamentary conduct inside parliament.
    • Strengthening of identity politics– Identity politics have been rising in India for the past few years where people are being polarized to vote for their caste or religion only.

    Consequences

    • Democratic backsliding or democratic deficit– all of the above causes have led to democratic deficit/backsliding which there has a growing gulf between preaching and practice of democracy in India.
    • Spillover effect– with the growing power of the executive and weakening of democratic institutions like parliament, the pressure on the judiciary is increasing as evident from the fact that almost all major bills passed by parliament are being challenged in the supreme court. This is leading to Judicial activism.
    • Weak social mobility and human capital development– Because of all this, the economic growth of the nation is suffering which is further leading to slow social mobility and human capital development.

    Comparison with thy neighbors

    • Though both India and Pakistan started their political journey under a democratic framework, both countries after 75 years stand at opposite ends. While India is considered a vibrant democracy, Pakistan is considered a failed state.
    • In India, 70% of the population believes that democracy is preferable to other forms of government, whereas in Pakistan, only 37% population, believes that democracy is preferable.
    • Pakistan witnessed three dictatorships regimes under different military generals and multiple suspensions of its constitution while India continued on its path of democracy and constitutionalism.
    • Even during periods of civilian rule, the Pakistan army and its powerful Inter-Intelligence-Services have retained the right to set the country’s foreign and security policy.

    Comparison between Bangladesh and Pakistan

    • Bangladesh chose the secular democratic route after independence, but its flirtation with the secular government was brief. It soon followed in the footsteps of Pakistan, opted for authoritarian military rule and made Islam the state religion. However, under its current Sheikh Hasina regime, Bangladesh is regenerating its democracy and economy.
    • Bangladesh outpaces Pakistan across all standard economic indicators, including nominal gross domestic product, GDP per capita, GDP growth rate and foreign reserves. It has now become one of the world’s fastest-growing economies.
    • A GDP of $411 billion, compared to Pakistan’s GDP of $347 billion, makes Bangladesh the 33rd largest economy in the world. Experts forecast that the economy’s size could double by 2030.
    • Bangladesh has also made more progress in human development in some areas compared to Pakistan, for example in the infant mortality rate. In 2018 there were 22 deaths per 1,000 live births in Bangladesh, compared to 57deaths in Pakistan. The current life expectancy in Bangladesh is 73, compared to 67 in Pakistan, 

    Way forward

    • Opposition: strong democracy requires strong opposition. Without an alternative choice, the very objective of election to provide a check on arbitrary power gets defeated.
    • Need to bring in Constitutional Morality: It also makes the governing institutions and representatives accountable to the people.
    •  Promoting Good Governance: Good governance enables to reach out government schemes to the needy and it entrusts the desire to do well in life.  It also helps to realize one’s duties and rights and boosts confidence in government.
    • Welcoming criticism: The Government should hear criticism rather than reject it out rightly. Suggestions on eroding democratic values need a thoughtful and respectful response.
    • Equality in the society: If redistributive public welfare policies are effective, the inequality in society would be reduced. Thus, it must be the priority of the government to maintain social and economic equality and inclusive growth.
    • Parliamentary oversight: It is necessary to hold strong checks on the executive through parliamentary committees, question hours, etc. Separation of powers is the most important thing for a healthy democracy.

    Conclusion

    Until and unless we don’t realize the real sense of Democracy we can’t live with dignity. Only with people’s participation, it can be achieved.

    It is important that all the government organs work in harmony to uphold the trust people of the country have held in them and ensure the objectives of true democracy.

    In the upcoming “Amrit Kaal” (2022-2047), we must ensure that by the end of this period, India should have achieved its “Tryst with Destiny”- A Social, Political and Economic Democracy in the true sense.

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  • Perspective: UN and Global Terrorism

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    Context

    • China has blocked a move by India and the US to list Pakistan-based Jaish-e-Mohammed (JeM) leader Abdul Rauf Azhar as a global terrorist at the UN Security Council.
    • This is the second time Beijing has resorted to such a step in less than two months.

    Global facets of Terrorism

    • Terrorism is the calculated use of violence to create a general climate of fear in a population and thereby to bring about a particular political or social objective.
    • It has been practiced by political organizations with both rightist and leftist objectives, by nationalistic and religious groups, by revolutionaries, and even by state institutions such as armies, intelligence services, and police.
    • Various attempts have been made to distinguish among types of terrorist activities. In general, there are three basic facets of terrorism – international terrorism, domestic terrorism and transnational terrorism.

    We need to be familiar with these five types of terrorism:

    1. State-Sponsored terrorism, which consists of terrorist acts on a state or government by a state or government.
    2. Dissent terrorism, which are terrorist groups which have rebelled against their government.
    3. Terrorists and the Left and Right, which are groups rooted in political ideology.
    4. Religious terrorism, which are terrorist groups which are extremely religiously motivated and
    5. Criminal Terrorism, which are terrorists acts used to aid in crime and criminal profit.

    Terror tactics these days are more modernizing through new technologies such as:

    1. Bio-terrorism: It is the intentional release of biological agents to cause illness or death in humans, animals, or plants. These agents may be bacteria, fungi, toxins, or viruses. They may be naturally occurring or human-modified.
    2. Cyber-terrorism: It is the convergence of cyberspace and terrorism. It refers to unlawful attacks and threats of attacks against computers, networks, and the information stored therein when done to intimidate or coerce a government or its people in furtherance of political or social objectives.

    Why do people resort to terrorism?

    Individuals and groups choose terrorism as a tactic because it can:

    • Act as a form of asymmetric warfare in order to directly force a government to agree to demands
    • Get attention and thus political support for a cause
    • Directly inspire more people to the cause (such as revolutionary acts) – propaganda of the religion/separatism
    • Indirectly inspire more people to the cause by provoking a hostile response or over-reaction from enemies to the cause

    Somewhere in the roots of domestic terrorism, socio-cultural deprivation remains the prime mover.

    Terrorism in India

    Following are the types of terrorism which threaten India’s security and internal peace and tranquility.

    1. Ethnic terrorism
    2. Religious terrorism
    3. Ideological terrorism

    Ethnic Terrorism: Terrorism based on an identity crisis, resource crisis, and cultural imperialism among various ethnic groups is called ethnic terrorism. It is spread in the northeast region of India.

    Religious terrorism: The systematic violence propagated based on religion is called religious terrorism. The feeling of religious superiority is at the root of this terrorism. Religious terrorism in modern times is considered terrorism.

    Ideological terrorism: If the purpose of planned violence is motivated by communist elements, it is called Left Terrorism or Naxalism/Maoism.

    The UN and its handling of Terrorism

    The UN’s counter-terrorism work in recent years can be organized under three headings:

    First, a norm-setting role that includes-

    • the development and promotion of a Global Counter-Terrorism Strategy and efforts to counter violent extremism,
    • a set of international conventions, and
    • far-reaching UNSC  resolutions imposing counter-terrorism obligations on member states;

    Second, capacity-building activities to help countries meet some obligations (through FATF and all) and

    Third, Security Council-mandated sanctions, in the 1990s, against state sponsors of terrorism, and since 9/11 against hundreds of individuals and entities affiliated with Al Qaida.

    The UN has accumulated ample experience and a proven record of success in its efforts to end civil wars over the past two and a half decades.

    However, serious questions arise regarding the preparedness of the UN’s conflict management tools, in particular its peace operations, to deliver mandates in countries affected by terrorist insurgencies, such as Afghanistan, Iraq, Libya, Syria, Somalia, Yemen and Lebanon.

    Limitations to the UN

    The U.N. is too political, too uncoordinated, too focused on process rather than outcomes and follow-up, and too far removed from the people who actually deal with the problems of terrorism.

    • Invocation of a “war on terrorism” and adoption of reflexive security measures renders very serious pressure on any organization such as the UN.
    • As an intergovernmental organization catering to the needs and driven by the interests of national governments, the UN is constitutionally ill-equipped to implement counter-terror measures.
    • The UN’s comparative advantage may thus lie in supporting and mobilizing funding for networks that would allow for the sharing of best practices among such local actors.

    Why need global action?

    • Radicalism is the new political capital: The growing presence of religious terrorist groups in many of today’s civil war environments complicates the UN’s peace-making.
    • Mercenary armies on rise: This is because many of these groups pursue maximalist demands that are very difficult to meet or to incorporate into political settlements based on human rights and democratic governance.
    • Diplomatic tool to pursue interest: Even where such groups may be motivated primarily by local, legitimate, and reversible grievances, key powers tend to discourage negotiations with them.

    India’s action: Leading from the front

    India has been fighting insurgency and terrorism since its days of independence.

    • India has been at the forefront for a call of global action against terrorism which is increasingly becoming a global phenomenon.
    • India has been calling for the passing of the Comprehensive Convention on International Terrorism (CCIT) at the UN. CCIT calls for a common definition of terror and the criminalization of international terrorism.
    • A decade of relentless efforts by India to get Pakistan-based terror master Masood Azhar listed as a global terrorist by the UNSC finally came to fruition in 2019.
    • India has been successful in drawing attention to its problem of terrorism by casting Pakistan as a breeder and supporter of terrorist organizations.  To this testimony, India’s role play at the FATF against Pakistan is globally visible.

    This signifies India’s leadership in global counter-terrorism efforts.

    Way Forward

    • Indeed, around the world many governments continued to rely primarily on military and law enforcement tools in their counter-terrorism efforts often to the detriment of human rights and with insufficient attention paid to underlying drivers of extremism.
    • The world needs to shift its focus primarily from military and law enforcement tools towards a holistic approach.
    • This is because counter-terrorism efforts often tend to detriment human rights and the least attention is paid to underlying drivers of extremism.

    Endorsing the Christchurch Call

    • Christchurch’s call of action is an initiative named after the New Zealand city where 51 people were killed in an attack on mosques.
    • The attack highlighted the urgent need for action and enhanced cooperation among the wide range of actors with influence over this issue, including governments, civil society, and online service providers, such as social media companies, to eliminate terrorist and violent extremist content online.

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