Category: Burning Issues

Context

• The Supreme Court in a recent judgment held that the Delhi Government has legislative and executive powers over administrative services in the National Capital, excluding matters relating to public order, police and land.
• It also reiterated its stand The Lieutenant Governor shall be bound by the decision of Delhi government over services, apart from public order, police and land.
• In this context, this edition of the Burning Issue will expand this judgment in detail and the overall background of the issue.

Key Highlights of the Judgment

(1) Disagreement with Justice Bhushan’s Judgment

• The Supreme Court stated that it does not agree with Justice Ashok Bhushan’s judgment that the Delhi government has no power over services.

(2) Article 239A and Legislative Assembly for NCT

• The Supreme Court highlighted that Article 239A establishes a legislative assembly for the National Capital Territory of Delhi.
• The members of the legislative assembly are elected by the electorate of Delhi, and the interpretation of Article 239A should support representative democracy.

(3) Limits of Power

• The court clarified that the control over services does not extend to areas related to public order, police, and land.
• “The ideal conclusion would be that GNCTD ought to have control over services, subject to exclusion of subjects which are out of its legislative domain related to public order, police and land. However, legislative and executive power over services such as Indian Administrative Services or Joint Cadre Services which are relevant for the implementation of policies and the vision of NCTD in terms of day-to-day administration of the region, SHALL LIE WITH THE GNCTD”

– Supreme Court of India

(4) Delhi Government Represents Representative Form of Government

• According to the Supreme Court, the Delhi government, like other states, represents the representative form of government.
• Any expansion of the central government’s power would contradict the Constitutional scheme.

(5) Impact on Ministers’ Control

• The court noted that if administrative services are excluded from the legislative and executive domains, ministers would be excluded from controlling civil servants responsible for implementing executive decisions.

(6) Executive Power and Existing Law

• The court clarified that the executive power of the state is subject to existing union laws.

(7) Principle of Collective Responsibility

• The Supreme Court emphasized that if officers do not report to ministers or fail to follow their instructions, the principle of collective responsibility will be affected.

(8) Triple Chain of Accountability

• “If a democratically elected government is not given the power to control the officers, the principle of triple chain of accountability will be redundant. If the officers stop reporting to the Ministers or do not abide by their directions, the principle of collective responsibility is affected” — SC
• Chief Justice of India DY Chandrachud highlighted that denying democratically elected governments the power to control officers would render the principle of the triple chain of accountability redundant.

Background: Special Status for New Delhi-Article 239AA

• Article 239AA of the Constitution of India granted Special Status to Delhi among Union Territories (UTs) in the year 1991 through the 69th constitutional amendment. It provided a Legislative Assembly and a Council of Ministers responsible to such Assembly with appropriate powers.
• That’s when Delhi was named as the National Capital Region/territory (NCT) of Delhi.
• As per this article – Public Order, Police & Land in NCT of Delhi fall within the domain and control of Central Government which shall have the power to make laws on these matters.
• For remaining matters of State List or Concurrent List, in so far as any such matter is applicable to UTs, the Legislative Assembly shall have the power to make laws for NCT of Delhi.

The Centre-State Dispute

• Delhi was given a fully elected legislative assembly and a responsible government through an amendment in the constitution in 1991. Since 1991, Delhi had been made a UT with an assembly with “limited legislative powers”.
• Cordial relations have prevailed between the Central and Delhi governments since 1996 and all differences have been resolved through discussions and also because of the fact that both Centre and State had same political party rule.
• However, since 2015, delhi has been witnessing power struggle as Centre and State are under rule of different political parties.
• The disagreement arose when then L-G Najeeb Jung appointed officers as the acting chief secretary. CM Kejriwal objected to this action, deeming it unconstitutional.
• In May 2015, the Ministry of Home Affairs issued a notification stating that the Department of Services, responsible for the transfer and posting of Delhi government officers, fell under the jurisdiction of the Centre through the L-G.
• The Delhi government challenged this decision in the Delhi High Court, but the court ruled against them. Subsequently, the state approached the Supreme Court, which determined that the L-G must follow the advice of the cabinet of ministers.
• Despite the resolution of the previous issue, the matter of services remained unresolved. It was later referred to a two-judge bench of the Supreme Court, which reached a split verdict in 2019.
• A three-judge bench then forwarded the case to a five-judge bench in 2022 for further consideration.

Lt. Governor at the Centre stage

• The Article 239AA while conferring on the assembly the power to legislate on all matters in the state list as well as the concurrent list except land, police and public order – contained one sore point.
• It said that in case of a difference between the L-G and the council of ministers, the matter shall be referred to the president by the LG for his decision and pending such decision the LG can take any action on the matter as he thinks fit.
• It is this issue that the constitution bench of the Supreme Court resolved in 2018, when it said that the government does not have to seek the concurrence of the L-G on its decisions.
• Any differences between them should be resolved to keep in view the constitutional primacy of representative government and co-operative federalism. It is after this judgement, the Centre brought up NCT of Delhi (Amendment) Bill, 2021 Bill

NCT of Delhi (Amendment) Bill, 2021

• Among the major proposed amendments, one makes it explicitly clear that the term “government” in any law made by the Legislative Assembly shall mean the L-G.
• This, essentially, gives effect to the former L-G 2015 assertion that “Government means the Lieutenant Governor of the NCT of Delhi appointed by the President under Article 239 and designated as such under Article 239 AA of the Constitution”.
• The Bill adds that the L-G’s opinion shall be obtained before the government takes any executive action based on decisions taken by the Cabinet or any individual minister.

What was the 2018 Supreme Court Verdict?

• In its 2018 verdict, the five-judge Bench had held that the LG’s concurrence is not required on issues other than police, public order and land.
• It had added that decisions of the Council of Ministers will, however, have to be communicated to the LG.
• The L-G was bound by the aid and advice if the council of ministers, it had said.
• The Bench of then CJI status of the LG of Delhi is not that of a Governor of a State, rather he remains an Administrator, in a limited sense, working with the designation of Lieutenant Governor”.
• It had also pointed out that the elected government must keep in mind that Delhi is not a state.

Is the L-G left with no discretionary power?

• The L-G does have the power to refer any matter, over which there is a disagreement with the elected government, to the President under Article 239AA (4).
• The Delhi Law Secretary had in 2019 written in an internal memo that the elected government cannot use the SC verdict to keep the L-G in the dark about its decisions.
• But the SC had also categorically pointed out that the L-G should not act in a mechanical manner without due application of mind so as to refer every decision of the CM to the President.

Way forward

Delhi’s governance needs a new re-imagination. Learning from international examples, and conceptualizing a new structure, can be a way forward.

Delhi cannot be unitary

• What distinguishes Delhi from other federal districts is sheer size. Its population would subsume the populations of the above-mentioned cities.
• Its closest peer is Mexico City. In a significant development, Mexico City was upgraded from federal district to the country’s 32nd state in 2016.
• This was driven by the desire to provide more responsive government for residents.

Decentralisation of decision-making is important

• There are alternative ways in which both the central government as well as state authorities can partake jointly in the management of the city.
• This might be achieved by a two-tier metropolitan authority.

Control over police

• Control over policing has been a major point of contention in Delhi.
• With the lone exception of Abuja, in other federal districts, the local governments have jurisdiction over at least some aspects of policing.

Conclusion

• The apex court should intervene now and advantage of the current controversy to permanently settle the jurisdiction. India will only prosper if all of its states do as well.
• The solid foundations of federalism and democracy on which our country has thrived will begin to crumble if there is strife between the Centre and the states.

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Context

• Recently, A federal U.S. commission, Commission on International Religious Freedom (USCIRF) has urged the Biden administration to impose targeted sanctions on Indian Government agencies and officials responsible for “severe violations” of religious freedom in the country by freezing their assets.
• In this context, this edition of Burning Issue will talk about this issue and the overall propaganda of West against India.

About USCIRF and its report

• The United States Commission on International Religious Freedom (USCIRF) is an independent U.S. federal government agency created by the 1998 International Religious Freedom Act (IRFA).
• USCIRF monitors the universal right to freedom of religion or belief (FoRB) abroad; makes policy recommendations to the President, Secretary of State, and US Congress; and tracks the implementation of these recommendations. 
• The USCIRF report assesses the status of religious freedom around the world.
• It provides a comprehensive analysis of the state of religious freedom in countries across the globe, highlighting issues of concern and making recommendations for action by the US government.
• Its report is an important tool for raising awareness of violations of religious freedom and advocating for greater protection of this fundamental human right.

More on the recent report

• In its annual report on religious freedom, the USCIRF asked the U.S State Department to designate India as a “country of particular concern” on the status of religious freedom along with several other nations.
• The USCIRF also recommended to Congress to raise the issue of religious freedom during U.S.-India bilateral meetings and hold hearings on it.
• The USCIRF has been making similar recommendations to the State Department since 2020, which have not been accepted. The recommendations of USCIRF are not mandatory for the State Department.

What is religious freedom?

• Freedom of religion or belief is an expansive right that includes the freedoms of thought, conscience, expression, association, and assembly. 
• Inherent in religious freedom is the right to believe or not believe as one’s conscience leads, and live out one’s beliefs openly, peacefully, and without fear. 

Religious Freedom in India

Article 25: Freedom of Religion

• Article 25 guarantees the right to freedom of religion to all citizens of India. It ensures that every person is free to practice, profess, and propagate the religion of their choice. However, this right is subject to certain restrictions, such as public order, morality, and health. The government also has the power to regulate economic, financial, political, or other activities that are associated with religious practices.

Article 26: Freedom to Manage Religious Affairs

• Article 26 guarantees every religious denomination the right to manage its own affairs in matters of religion. This includes the right to establish and maintain institutions for religious purposes, and the right to manage its own property. However, this right is subject to public order, morality, and health, as well as to other provisions of the Constitution.

Article 27: Freedom from Taxation for Religious Purposes

• Article 27 prohibits the state from compelling any person to pay taxes for the promotion or maintenance of any particular religion or religious institution. This means that the state cannot use public funds to support or promote any particular religion, nor can it force individuals to financially support religious institutions.

Article 28: Freedom from Religious Instruction in Educational Institutions

• Article 28 guarantees the right of all religious denominations to establish and maintain their own educational institutions. It also prohibits the state from providing any religious instruction in public educational institutions funded by the state. However, students attending such institutions are free to receive religious instruction from outside sources, as long as it does not interfere with the educational activities of the institution.

Reports’ Allegations against India

Policies

• It is alleged that the Indian government at the national, state, and local levels promoted and enforced religiously discriminatory policies, including: Laws targeting religious conversion, Interfaith relationships, Ban over wearing of hijabs and cow slaughter
• This has negatively impacted Muslims, Christians, Sikhs, Dalits, and Adivasis citizens of the country.

Laws of so-called ‘Suppression‘

• The report also alleges that the national government continued to suppress critical voices, particularly of religious minorities and those advocating on their behalf through Surveillance, Accusations of Sedition, Demolition of Property, Detention under the Unlawful Activities Prevention Act (UAPA), Targeted banning of NGOs ex. Missionaries of Charity under the Foreign Contribution Regulation Act (FCRA).
• The continued enforcement of discriminatory laws facilitated a culture of impunity for widespread campaigns of threats and violence by mobs and vigilante groups.

India’s response

• India has slammed USCIRF for “misrepresenting” facts and described it as an “organisation of particular concern”.
• The Indian government rejected the biased and inaccurate comments.
• Foundation of Indian and Indian Diaspora Studies (FIIDS) slammed USCIRF for its biased report and failure to acknowledge the cultural and economic significance of cows to Indians.

History

• Ever since India gained independence, the Western media have painted a negative picture of the country. Indeed, many did not expect India to last long as a nation. There are countries that are failed states and countries which are engulfed in civil wars, but they do not get much of a mention from British and other Western media. 

Previous cases of such allegations

• In February 2020, a major daily national declared the North Delhi riots were called the riots a “Hindu nationalist rampage”
• Also, India is being frequently labelled as ‘Intolerant Democracy’ or depicted as a poor nation. Recent example is the Cartoon from a German newspaper mocking Indian Railway’s infrastructure developments.
• The BBC Documentary on PM Modi and 2002 Gujarat riots was also a part of this targeting by western media.

Why such reports often falsely target India?

• Sensationalized news: Negative news stories tend to receive more attention because they can be more emotionally engaging and impactful. For example, a study found that negative news stories receive significantly more engagement on social media than positive news stories.
• Political biases: Media outlets may have different political affiliations or biases that shape their coverage of certain countries or events. For example, some media outlets may have a pro-Western bias and view India as a less developed or “exotic” country. Additionally, some outlets may have a negative view of Indian government policies or leadership, which can influence their reporting.
• Complex challenges: India is a large and diverse country with many challenges, including poverty, inequality, and political instability, which can be difficult to report on accurately and without bias.For example, India has one of the highest rates of income inequality in the world, with the top 1% of the population holding nearly 60% of the country’s wealth. Additionally, India has a history of caste discrimination and violence, which can be challenging to report on accurately and sensitively.
• Differing perspectives: Different media outlets may have different perspectives on issues related to India, which can lead to differing coverage.For example, some outlets may focus on India’s economic growth and potential as a major player in the global economy, while others may highlight the country’s challenges and inequalities.Additionally, media outlets from different countries may have different cultural or historical perspectives on India that influence their reporting.
• Lack of objectivity: There have been instances in the past where these reports have been criticized for being one-sided and lacking objectivity.
• US lobby against everyone: It is important to note that reports like USCIRF’s are based on the organization’s own assessments.
• Inherent bias against India: Such allegations are prevalent ever since India attained its Freedom.
• Self-proclaimed father of democracy: US has infamous for selectively promoting democracy and human rights, and for supporting authoritarian regimes that align with its strategic interests.
• Anti-regime: Such reports often overlook the efforts made by the present regime in India towards promoting religious tolerance and communal harmony.

Way forward

• Urgent action: India needs to take prompt and necessary steps to address religious freedom issues and take everyone’s faith in the government and democratic process.
• Nuanced understanding: International organizations and foreign governments must make a conscious effort to understand the complexities of India’s social, political, and economic landscape before making any recommendations or issuing reports.
• Avoid sweeping generalizations: It is important to avoid sweeping generalizations and presenting a one-sided view of the situation, which can be detrimental to India’s reputation and lead to misunderstandings.
• Self-reflection by the US: The US must address its own issues related to religious freedom and human rights violations, and not just sermon other countries.

Countering western media’s allegations

• India’s historical diversity and pluralism: India has a long history of diversity, pluralism, and peaceful coexistence among different communities.
• Constitutional guarantees: The Constitution guarantees fundamental rights to all citizens, regardless of their religion, caste, or creed.
• Media as a strong pillar: The country has a vibrant democracy and a free and independent media that regularly scrutinizes the government and its policies. This eliminates the scope for anyone’s oppression.
• Nation-building: All communities have contributed significantly to the country’s cultural and social fabric. Success of India is often unwelcomed by the US. People should not fall prey to foreign propaganda.

Conclusion

• It’s important to approach news coverage critically and evaluate the sources and biases behind the stories. This can involve reading articles from a variety of sources, fact-checking claims, and considering the cultural and historical context of the news.
• EAM S Jaishankar has rightly summarized west’s biasness, “Problem of Europe is world’s problem but problem of world is not problem of Europe”.

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Context

• The Northeastern state of Manipur has been witnessing violent clashes between different ethnic groups since February 2023.
• The latest round of unrest erupted on May 3, when a tribal student union organized a march to protest against the demand of the non-tribal Meitei community to be included in the Scheduled Tribe (ST) list. The march turned violent and the police imposed a curfew and shoot-at-sight orders to control the situation.
• In this context, this edition of the Burning Issue will elaborate on these clashes and the fundamentals involved in this issue.

Cause of the current violence

• The tensions started brewing when the state government launched an anti-drug drive that targeted poppy cultivation in the hill districts. The tribals alleged that the drive was a pretext to evict them from their lands and accused the government of favouring the Meiteis.
• Also in April 2023, The Manipur High Court’s order to expedite the recommendation for granting ST status to the Meiteis further inflamed the tribal sentiments and led to the massive protest on May 3.

Manipur High Court’s Ruling

• The court directed the government to consider the inclusion of the Meitei community in the tribe list of Manipur.
• It observed that the petitioners and other groups have been fighting for a long time for this inclusion, suggesting that it is an important issue for the community.
• The court has directed the government to submit its recommendation after considering the case of the petitioners, preferably within four weeks of receipt of the order.

Merger of Manipur with the Union of India:

• Pre-1947: Manipur was a princely state under British colonial rule. The Maharaja of Manipur, Bodhachandra Singh, was the ruler of the state.
• August 1947: The Maharaja of Manipur signed the Instrument of Accession, agreeing to accede to the Indian Union.
• 1972: Manipur, along with Meghalaya and Tripura, became a full-fledged state under the North Eastern Region (Reorganisation) Act, 1971.

Who are the Meiteis?

• Largest community: The Meiteis are the largest community in Manipur.
• Community’s Language: They speak the Meitei language (officially called Manipuri), one of the 22 official languages of India and the sole official language of Manipur State.
• Geographical Distribution: Manipur is geographically divided into the Imphal Valley and the surrounding hills. The Imphal Valley is dominated by the Meitei community, which accounts for more than 64% of the population. The hills, which comprise 90% of Manipur’s geographical area, are inhabited by more than 35% recognized tribes, which are largely Christians.
• Major Festivals: festivals of meiteis are Lai Haraoba, Cheiraoba, Yaosang among others. Also, The Manipuri martial art Thang-ta had its origin in the Meitei knights during the king’s rule.

Tribal groups’ opposition to the ST Status

• Advantaged community: Many tribal groups say the Meiteis have a demographic and political advantage besides being more advanced than them academically and in other aspects.
• Benefits at others’ cost: They feel the ST status to the Meiteis would lead to loss of job opportunities and allow them to acquire land in the hills and push the tribals out.
• Already benefited: The language of the Meitei people is included in the Eighth Schedule of the Constitution, and many of them have access to benefits associated with the SC, OBC, or EWS status.
• Political vendetta: The demand for ST status is a ploy to attenuate the fervent political demands of the Kukis and Nagas, as well as a tacit strategy of the dominant valley dwellers to make inroads into the hill areas of the State.

Arguments in Favour

• “Prior Recognition as Tribe: The petitioners contended before the High Court that the Meitei community held the status of a tribe before the integration of the princely state of Manipur with the Union of India in 1949. They also claimed that the community’s recognition as a tribe was lost after the integration.
• Cultural Preservation: The Meiteis’ demand for ST status was based on the need to protect and preserve their culture, ancestral land, tradition, and language. The petitioners argued that granting ST status would aid in safeguarding the community’s cultural identity.
• Advocacy for Constitutional Safeguards: The Scheduled Tribes Demand Committee of Manipur (STDCM) has been actively advocating for ST status for the Meitei community since 2012. They claimed that the community has been deprived of constitutional safeguards due to their exclusion from the ST list.
• Population Decline: The STDCM argued that the Meitei community has been gradually marginalized in their ancestral land, resulting in a decline in their population. According to the 2011 Census data, the Meitei population, which was 59% of the total population of Manipur in 1951, has now reduced to 44%.
• Contempt Proceedings Against HAC: Meitei community members have filed contempt proceedings against the Hill Areas Committee (HAC) of the Manipur Assembly for opposing their inclusion under the Scheduled Tribe (ST) category.

Current situation

• In view of the prevailing unprecedented burning situation, the Centre has imposed Article 355 in the state, in an effort to control the situation, according to reliable sources.

What is Article 355?

• Article 355 of the Indian Constitution is a provision that empowers the Union government to protect every state in India against external aggression and internal disturbances.
• It is based on the principle of “duty to protect” enshrined in the Constitution, which makes it mandatory for the Union government to protect every state from external and internal threats.

Restrictions under Article 355

• Under Article 355, the Union government has the power to issue directions to any state to ensure compliance with the Union’s laws and regulations. However, there are certain restrictions on this power:
• The directions can only be given when there is a failure of the state machinery to comply with or give effect to any Union law or regulation.
• The directions should be of an urgent nature and may not extend beyond the necessary period for remedying the failure of the state machinery.The state government should be given an opportunity to submit its views before the issuance of such directions.The Union government cannot use this power to intervene in the internal affairs of a state unless there is a failure of the state machinery.The duration of the assistance provided under Article 355 is not specified in the Constitution.
• The duration of the assistance provided under Article 355 is subject to judicial review and can be challenged in court if it violates any fundamental rights or constitutional provisions.

Moving Forward

• Encouraging dialogue: The ongoing conflict in Manipur reflects a deep-seated ethnic divide and lack of trust between various communities. Both the state and central governments must engage in a transparent and fair dialogue with all stakeholders to address their concerns.
• Maintaining law and order is crucial to prevent any innocent lives from being affected or lost during the unrest.
• Avoiding misinformation spread: Civil society and media should promote harmony among different groups and refrain from spreading misinformation and rumors.
• Embracing each other: The people of Manipur must understand that violence is not the answer to any problem and that peaceful coexistence, mutual respect, and tolerance are necessary for a sustainable future.

Conclusion

• The conflict between the Meiteis and tribals in Manipur stems from long-standing political, economic, and cultural grievances. The Meiteis, who dominate the valley region, seek Scheduled Tribe status to protect their identity and rights from outsiders, while the tribals from various ethnic groups in the hills oppose this demand, fearing a loss of their privileges and autonomy.
• The lack of development in Manipur is also a reason for the rumbling suspicion between the hill and valley areas. Both the Union and the state governments must rectify this at once to help develop better relations between the hill and valley. This is essential for peaceful co-existence.

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Context

• Mann Ki Baat, Prime Minister Narendra Modi’s popular radio program, completed 100 episodes this Sunday.
• In this context, this edition of the Burning Issue will talk about this program and its significance.

About Mann Ki Baat

• Mann Ki Baat is an Indian radio program hosted by Prime Minister Narendra Modi in which he addresses the people of the nation on All India Radio, DD National and DD News.
• The main purpose of the program is to “establish a dialogue with the citizens on issues of day-to-day governance”, according to a statement by the Information and Broadcasting Minister in the Rajya Sabha in July 2021.
• The program is India’s “first visually enriched radio program”.

Highlights of the 100th episode

• Highlighted achievements: The PM highlighted the achievements of this program. He also mentioned the timeline of the program in the last nine years.
• Telecasted in multiple regional languages: The program was telecasted in multiple regional languages to have a wider reach of the program. It was also this time, that the program was telecasted globally.
• 100 days of action: The Tourism Ministry announced “100 days of action” to mark the 100th episode of Mann Ki Baat. The activities include a design challenge for entrepreneurs to develop substitutes for single-use plastic items.
• Highlighted countrymen’s dedication: PM said Every time, the countrymen’s dedication to duty and skill has motivated others. Every countryman in this program serves as an example to other countrymen.
• DG UNESCO part of the episode: he thanked PM Modi on behalf of UNESCO for the opportunity to be part of the 100th episode of the ‘Mann Ki Baat’ Radio broadcast.

Major achievements of the program

• As PM Modi’s ‘Mann Ki Baat’ approaches its 100th episode on April 30, 2023, a survey conducted by the Indian Institute of Management, Rohtak shows that at least twenty-three crore people have ‘listened to or viewed’ Prime Minister Narendra Modi’s monthly radio broadcast regularly and over 100 crore people have listened to it at least once.
• In the first fifteen addresses of Mann ki Baat broadcast, more than 61,000 ideas were received on the website and 1.43 lakh audio recordings by listeners have been received. Each month, some selected calls become a part of the broadcast.
• From 2 June 2017, Mann Ki Baat became available in regional dialects. The aim is to expand the reach of the program as far as possible.

Significance of the podcast

• Apolitical character: the program has remained apolitical throughout its journey. Political and sensitive issues were not discussed in the program. It mainly focused on highlighting the achievements of ordinary Indians and generating awareness about social issues.
• Catalyst in igniting mass movements: The campaigns mentioned by PM Modi which had the most impact on listeners were Selfie with Daughter, Incredible India, Fit India and Sandesh to Soldiers. The most remembered topics were the promotion of Khadi, Drug Free India and Team Tarini.
• Highlighted success stories of Indians: Mann Ki Baat has showcased stories of talented individuals across diverse fields, from promoting Aatmanirbhar Bharat to Make in India and space startups.
• Interactive Nature:  “Mann Ki Baat” is an interactive program that allows people from all walks of life to participate. Citizens can share their views, experiences, and stories. It encourages people to share their ideas and suggestions with the Prime Minister.
• Wide Range of Topics: The program addresses a range of topics, including social issues, education, healthcare, and the environment. It promotes social initiatives such as the Swachh Bharat Abhiyan, Beti Bachao Beti Padhao, and Digital India. The program has been particularly effective in promoting social initiatives
• Led to Positive Impact in society: “Mann Ki Baat” has become a significant platform for the Prime Minister to engage with the people of India. It has helped to create a sense of unity and shared purpose among citizens. It encourages people to work together towards a better future for India.

Criticism

• Lack of Opposition Voices: One of the main criticisms of “Mann Ki Baat” is that it is a one-sided conversation, with no participation from opposition parties or critics of the government. This has led to accusations that the program is being used as a propaganda tool to promote the government’s agenda, rather than as a genuine platform for dialogue.
• Still Limited Audience Reach: While the program is aired on multiple platforms, it still has limited reach in rural areas and among lower-income groups who may not have access to radios, televisions, or the internet. This raises questions about the program’s ability to truly represent the diverse perspectives of the Indian population.
• Lack of Action: Critics have also argued that “Mann Ki Baat” has not resulted in concrete action on the issues discussed. While the program may raise awareness about certain social issues or initiatives, there is a perception that it has not led to significant policy changes or improvements on the ground.
• Insufficient Time for Discussion: Another criticism of “Mann Ki Baat” is that it only allows for brief discussions on complex issues. This may not provide enough time for in-depth analysis or debate on topics that require nuanced perspectives.
• Disregard for Questions Raised: Some participants have raised concerns that the government does not adequately address the questions and suggestions shared on the program. This has led to criticism that “Mann Ki Baat” is more of a PR exercise than a genuine dialogue between the government and citizens.

Conclusion

• Overall, “Mann Ki Baat” is a platform that has both supporters and critics. While it has been successful in promoting social initiatives and providing a platform for the Prime Minister to connect with citizens, it has also been criticized for its one-sided nature, limited audience reaches, and lack of concrete action on the issues discussed. Additionally, the program’s format may not allow for in-depth analysis or debate on complex topics.
• Nevertheless, “Mann Ki Baat” remains a significant program that reflects the government’s efforts to engage with the public and promote its agenda. As with any public forum, the program needs to balance the voices and perspectives represented and ensure that it provides a platform for meaningful dialogue between the government and the people it serves.

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Context

• Intense clashes between Sudan’s military and the country’s main paramilitary force have killed hundreds of people and sent thousands fleeing for safety. The burgeoning civil war threatens to destabilize the wider region also.
• In this context, this edition of the Burning Issue will explain this war, its causes and implications.

About Sudan

• Sudan is a country located in North Africa, bordered by Egypt to the north, Libya to the northwest, Chad to the west, the Central African Republic to the southwest, South Sudan to the south, Ethiopia to the southeast, and Eritrea to the east.
• It is the third-largest country in Africa and has a diverse population of around 43 million people.
• According to the World Bank, around 46% of the population lives below the poverty line, and many Sudanese people struggle to access basic services such as healthcare, education, and clean water.

Significance of Sudan

• Borders seven countries: Sudan’s geographic location is crucial as it borders seven countries — Egypt, Ethiopia, Libya, Chad, the Central African Republic, Eritrea and South Sudan.
• Strategic location on the Red Sea: Owing to its strategic location on the Red Sea and access to the Nile River.
• Mineral and resources: With the vast swath of gold reserves and agriculture potential, the third largest African nation has long been coveted by outside powers, including its neighbors, the Gulf countries, Russia and the Western nations.
• Rich oil potential: Sudan has underused potential of the rich soil that borders the Nile River.

About Sudan Crisis: Origin and Causes

• Sudan is facing a crisis due to fighting between two rival military factions.
• The underlying causes of conflict in Sudan is a result of the military generals’ overthrow of long-serving President Omar al-Bashir in April 2019, following widespread protests.
• As a result, the military and protesters came to an agreement that established the Sovereignty Council, a power-sharing body that will lead Sudan to elections by the end of 2023.
• Under the agreement, both the army and the RSF had to cede power, but two issues were contentious: the formal placing of the army under civilian oversight and the timetable for the RSF to be integrated into the regular armed forces.
• However, in October 2021, the military toppled the transitional government led by Abdalla Hamdok. Lt Gen Abdel Fattah al-Burhan became the de facto leader of the country, and Gen Mohamed Hamdan Dagalo became his second-in-command (Lt Gen Abdel Fattah al-Burhan is the current army chief and Gen Mohamed Hamdan Dagalo, head of the Rapid Support Forces (RSF))
• Following the coup of 2021, a power struggle between two generals from the military (SAF) and the paramilitary (RSF) broke up a plan to move to elections in July 2023.

Global Implications of the Conflict

• The entire region could destabilize: The volatile region, which borders the Red Sea, the Sahel, and the Horn of Africa, could be destabilized if the fighting continues.
• Refugee crisis: The conflict in Sudan has the potential to cause a refugee crisis, with people fleeing the country to escape the violence and instability.
• The democratic transition of Sudan failed: The latest conflict has pushed hopes for the establishment of a peaceful democracy even further to the margins, casting a long shadow on the general election set to take place in July this year.
• Spillover to neighbouring countries: Many analysts fear that the ongoing war between the military and RSF would spill over into neighbouring countries, which are already mired in their internal conflicts, causing destabilization of the entire region.
• Ethiopia’s dam project may be affected: Egypt, too, is closely observing the latest development. The country shares a strong bond with Sudan’s military, which it sees as an “ally against Ethiopia”, AP stated. Ethiopia, a land-locked nation, has locked horns with both Egypt and Sudan over its ambitious hydroelectric dam, which could impact the Nile River’s flow.
• For Russia, Sudan has a subject of interest. The Kremlin has wanted to construct a naval base for years, capable of hosting up to 300 troops and four ships in Port Sudan, located on one of the world’s busiest and most contested sea lanes.

India Sudan Relations

• It had already implemented 49 bilateral projects through concessional lines of credit worth USD 612 million in areas such as energy, transport, and agribusiness industry in Sudan in 2021.
• India supported Sudan’s efforts to establish a transitional government and the government’s signing of the Juba Peace Agreement in October 2020.
• India also supported including outside armed movements in the negotiation process and a national plan for 1,200 personnel of civilian protection.
• As part of its Indian Technical and Economic Cooperation (ITEC) program, India provided Sudan with 290 scholarships for capacity building. In addition, India had offered Sudan humanitarian assistance in 2020, including food supplies.
• Between 2005-2006 and 2018-2019, trade between India and Sudan increased from USD 327.27 million to USD 1663.7 million.
• India invested approximately USD 3 billion in Sudan and South Sudan, with USD 2.4 billion going to ONGC Videsh, a public sector organization, in the petroleum sector.

What Was India’s Response: Operation Kaveri

• India has launched “Operation Kaveri” to evacuate its citizens from war-torn Sudan.
• It is the recent series of evacuations held by India over the last few years to rescue its nationals in crisis-hit countries. India rescued its nationals last year from war-hit Ukraine and Afghanistan.
• The operation was launched in response to the conflict and breakdown of essential services in Sudan that had brought the country to a standstill.
• India has positioned two transport aircraft of the IAF in the Saudi Arabian city of Jeddah and a naval ship at a key port in Sudan as part of its contingency plans to evacuate its stranded nationals.

Way forward

• The UN Security Council: will hold its first meeting on the crisis in Sudan soon. The council should try to end the crisis as soon as possible.
• Regional major powers such as UAE, and Saudi Arabia should try to pacify the situation rather than becoming parties to the crisis.
• Considering the current designs of Indo-Sudanese ties and Sudan’s location in the Horn of Africa, India needs to monitor its exchange, ventures, and interests in the district prior to making any hurried stride of perceiving the new system.

Conclusion

• Where the fighting will end is unclear. Both sides claim control over key sites and fighting has been reported across the country in places far from the capital Khartoum.
• India must safeguard its trade, investments, and other interests in the Horn of Africa. The Red Sea region is essential to India’s energy and maritime security.

Context

• The two-day Global Buddhist Summit 2023 concluded successfully in New Delhi with the adoption of the New Delhi Declaration. It saw the participation of delegates from nearly 30 countries, including Taiwan, Myanmar, Thailand, Vietnam, Sri Lanka, and Mongolia.
• In this context, this edition of the Burning Issue will talk about this summit and its significance for India.

About International Buddhist Confederation (IBC)

• IBC is the biggest religious Buddhist confederation in the world.
• The body was formed in New Delhi in 2011 and is headquartered also here.
• The goal of IBC is to create a role for Buddhism on the global stage so as to help to preserve heritage, share knowledge, and promote values.
• It also aims to represent a united front for Buddhism to participate in the current global happenings.

About Global Buddhist Summit

• It was the first-ever Global Buddhist Summit organized by the Ministry of Culture in collaboration with the International Buddhist Confederation (IBC).
• Eminent scholars, Sangha leaders Dharma practitioners and Buddhist monks from all over the world attended the conference.
• The focus of the Global Buddhist Summit was on modes of disseminating and internalizing universal values and finding ways to work together, to address the burning challenges both within and globally and offer a sustainable model for the future of the world.
• THE MAIN THEME of the summit was Responses to Contemporary Challenges: Philosophy to Praxis.
• Sub Themes of the summit were:
• Buddha Dhamma Pilgrimage, Living Heritage and Buddha Relics: a resilient foundation to India’s centuries-old cultural links to countries in South, Southeast and East Asia.
• Buddha Dhamma and Peace
• Buddha Dhamma: Environmental Crisis, Health and Sustainability
• Preservation of Nalanda Buddhist Tradition

Objectives of the summit

There has been general agreement that the  basic fundamental which can provide inspiration and guidance in the light of Buddha’s message of Peace, Well-being, Harmony and Compassion for Universal Peace need to be highlighted and worked upon  as follows:

• Aim: The texts, doctrines and philosophy of Buddha Dhamma are the best  guide for inter-faith dialogue, harmony and universal peace.
• Peace:  happiness and well-being, and conflicts and violence are significant threat to peace. We call upon all nations, organizations and individuals to work towards creating a world free from conflict, violence and war.
• Environment Sustainability: We urge governments and individuals to take action to reduce carbon emissions, protect biodiversity, and preserve natural resources for future generations.
• Wellbeing: We acknowledge that true happiness arises from inner peace and contentment. We encourage individuals to cultivate mindfulness, compassion, and wisdom, which are essential for promoting happiness and well-being.
• Buddhist Pilgrimage as Living Heritage: We call upon governments to preserve and protect the sacred sites of Buddhism and promote their accessibility to people of all backgrounds.
• Recommendations: Drawing upon the Teachings of the Buddha for the welfare of all sentient beings, Members of the Sangha, Buddhist leaders, Scholars, followers and institutions can play a significant and effective role in addressing this multi-faceted crisis. The continuation of the annual Global Buddhist Summit is one such important step in this direction.
• Nalanda: one of the greatest seats of Dhamma education for nearly 700 years between the 5th and 12th centuries AD, precedes the modern system of university education. It was famous for value education and character building. These values need to be inculcated among youths to rejuvenate the society towards “Vasudeva Kuṭumbakam”.

Significance of  Buddhism for India

• Importance of India in Buddhism: in Buddhism: Because Buddhism was founded in India, this global summit will highlight the significance and importance of India in Buddhism.
• Strengthening cultural and diplomatic ties: Additionally, this summit will serve as a vehicle for strengthening cultural and diplomatic ties with other nations, particularly those that adhere to the Buddhist ethos.
• Cultural Significance: Buddhism is an integral part of India’s cultural heritage. It played a significant role in shaping India’s art, architecture, literature, and philosophy. Today, India’s rich heritage in Buddhism attracts millions of tourists from all over the world.
• Social Significance: Buddhism’s emphasis on social justice, equality, and non-discrimination has relevance in India’s diverse and complex social context. Its teachings on the importance of community, interdependence, and mutual respect can help bridge social divides and promote social harmony.
• Environmental Significance: Buddhism’s emphasis on compassion toward all living beings can inspire individuals to take responsible actions toward environmental protection.

How Buddhism can play a role in enhancing India’s Soft Power projection?

Through Cultural Diplomacy

• Promoting Indian culture, which includes Buddhism, through festivals, art, music, literature, and other media.
• For instance, the Indian Council for Cultural Relations (ICCR) has put on a number of cultural events in Buddhist nations like Sri Lanka, Myanmar, Thailand, and Bhutan to show off India’s cultural heritage and make cultural ties stronger.

Education and Capacity-Building:

• To promote Buddhist studies and research, India has established a number of Buddhist institutions and centers of excellence, including Nalanda University and the Central Institute of Higher Tibetan Studies.
• In 2022, the foundation stone for the Dhamma Dipa International Buddhist University (DDIBU) in Tripura was laid,
• India also offers scholarships and training programs to Buddhist students and monks from other countries, such as Bhutan, Sri Lanka, Myanmar, and Nepal, to enhance their knowledge and skills.

Bilateral Exchanges and Initiatives:

• Through a variety of initiatives, India has sought to strengthen its ties with Buddhist nations like Sri Lanka, Myanmar, Thailand, Cambodia, and Bhutan in terms of bilateral relations.
• In order to strengthen economic cooperation, India and Sri Lanka have signed a number of agreements, including the Bilateral Investment Promotion and Protection Agreement (BIPA).
• In addition, India has helped Buddhist nations restore and protect their cultural heritage sites, such as the Stupa in Nepal and the Bagan temples in Myanmar.
• India and Mongolia also renewed the Cultural Exchange Program until 2023 under which 10 dedicated ICCR scholarships for studying ‘Tibetan Buddhism’ have been allocated for Mongolians to study in specialized institutes of CIBS, Leh and CUTS, Varanasi.

How Buddhism Is Significant For Indian Diplomacy?

• Ties with East and Southeast Asia: India’s historical and cultural ties with East and Southeast Asia, where Buddhism is widely practiced, have helped to strengthen diplomatic relations with these countries. India has established several cultural and economic initiatives with these countries, such as the Look East Policy, which aims to enhance economic and strategic relations with Southeast Asia, and the Act East Policy, which seeks to expand India’s ties with East Asian countries.
• Relationship with China: Buddhism has been a significant factor in India’s relationship with China. Buddhism originated in India but spread to China and became a major influence on Chinese culture and philosophy. India and China have established several cultural and religious exchanges, including the annual India-China Buddhist Dialogue and the China-India Yoga College, which promotes Indian culture and yoga in China.
• Cultural Diplomacy: Buddhism has been an important tool of India’s cultural diplomacy. India has established several Buddhist study centers and universities in different parts of the world to promote Indian culture and Buddhism. India also hosts several international conferences and seminars on Buddhism and its philosophy to facilitate cultural exchanges and strengthen diplomatic ties with other countries.
• International Cooperation: Buddhism’s emphasis on nonviolence, peace, and harmony has contributed to India’s active participation in international forums and organizations that promote these values. India has been a strong supporter of the United Nations International Day of Vesak, which celebrates the birth, enlightenment, and passing of the Buddha, and has hosted the event several times.

Why India And China Are Competing For Buddhist Legacies?

• Soft Power: Buddhism is an important element of soft power, which refers to the ability of a country to influence other countries through its culture, ideology, and values. Both India and China are interested in promoting their cultural and religious heritage to enhance their soft power in the region and the world.
• Tourism: Buddhism is a major tourist attraction, and both India and China are competing to attract Buddhist pilgrims and tourists to their respective countries. India’s Buddhist tourism industry is estimated to be worth billions of dollars, and China has also invested heavily in developing its Buddhist tourism industry.
• India also held a first-of-its-kind conference of SCO on “Shared Buddhist Heritage”.

Conclusion

• The summit could be seen as an attempt by India to flex its soft power in the region. While it’s definitely not the first time a country has used Buddhism to this end, events like the Global Buddhist Summit do offer India “political mileage”.

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Context

• With 142.86 crore people, India has surpassed China to become the world’s most populous nation, according to the latest United Nations data. China, with a population of 142.57 crore, is the now second most populous country.
• In this context, this edition of the Burning Issue will talk about India’s growing population and associated issues which is the part of GS1 Mains syllabus.

Some Statistics about Indian Population

• 142.86 crore Indians now: According to the latest United Nations Population Fund data, India’s population in 2023 stands at 142.86 crore.
• The top five countries: in terms of population in decreasing order are-India, China, US, Indonesia and Pakistan.
• The data from UN agency UNFP shows that 25 per cent of India’s population is in the 0-14 age bracket and 18 per cent in the 10-19 age group.
• Mostly Young population: Twenty-six per cent of India’s population is in the 10-24 age bracket and 68 per cent in the 15-64 age bracket. Seven per cent of the country’s population is above 65 years of age. People under the age of 25 accounts for more than 40% of India’s population.
• Spatial Divergences in Population: Kerala and Punjab have an ageing population, while Uttar Pradesh and Bihar have a younger population, say experts.
• Population to increase for next three decades: Several studies have shown that India’s population is expected to increase for nearly three decades before it peaks at 165 crore. It will then start to decline.

Reasons for India’s high population

• Historically high population: India has always had a historically high population, especially in its fertile northern plains. There, due to climatic reasons, it is possible to grow both wheat, a winter grain, and rice, a summer grain, yielding twice as much food as many other parts of the world.
• Higher birth rates and fertility rates: We have been successful in declining the death rates but the same cannot be said for birth rates. Also, the fertility rate (number of children a woman bear during her fertility rate) remained high for many decades.
• Early Marriage and Universal Marriage System: Getting married at a young age prolongs the childbearing age. Also, in India, marriage is a sacred obligation and a universal practice, where almost every woman is married at reproductive age.
• Poverty and Illiteracy:  Impoverished families have this notion that more the members in the family, the more will be the numbers to earn income. Some feel that more children are needed to look after them in their old age.
• Age-old cultural norm: Sons are the bread earners of families in India. This age-old thought puts considerable pressure on the parents to produce children till a male child or the required number of male children are born (This is called Son Meta preference).
• Illegal migration: Last but not the least, we cannot ignore the fact that illegal migration is continuously taking place from Bangladesh and Nepal is leading to increased population density.
• Lack of awareness: about family planning and its benefits, government schemes related to family welfare like free birth control measures leading to unwanted pregnancies and ultimately population growth.

Implications of high population

Negative outcomes:

• Poor achievement of SDGs: Sustained high fertility and rapid population growth present challenges to the achievement of sustainable development. The necessity of educating growing numbers of children and young people, for example, draws resources away from efforts to improve the quality of education.
• Unemployment: Generating employment for a huge population in a country like India is very difficult. The number of illiterate persons increases every year. The unemployment rate is thus showing an increasing trend.
• Pressure on infrastructure: The development of infrastructural facilities is unfortunately not keeping pace with the growth of the population. The result is a lack of transportation, communication, housing, education, healthcare etc. There has been an increase in the number of slums, overcrowded houses, traffic congestion etc.
• Manpower utilization: The number of jobless people is on the rise in India due to economic depression and slow business development and expansion activities. It has also caused India to be the home of the largest force of Gig Workers in the world and a large informal economy. This ultimately leads to poor or stagnant living standards and slow progress in Human Capital Development and Social Mobility for a large section of society.
• Faster and inefficient resource utilization: Land areas, water resources, and forests are over-exploited. There is also the scarcity of resources.
• Decreased production and increased costs: Food production and distribution have not been able to catch up with the increasing population and hence the costs of production have increased. Inflation is the major consequence of overpopulation.
• Inequitable income distribution: In the face of an increasing population, unequal distribution of income and inequalities within the country widen.
• Increasing divergence in the representation of different states in the Parliament of India: higher population growth in north Indian states as compared to southern states has led to the freezing of the number of seats in parliament till 2026. This has caused a political tussle between less-developed northern and largely developed southern Indian states.

Positive outcomes:

• Largest pool of consumers: an increase in population means an increase in consumers and expansion of the demand for raw materials as well as finished products leading to high consumption and thus higher economic activities. Thus, India has become the largest market in the world for companies around the world.
• Population growth is correlated to technological advancement: According to the neo-classical growth model, the population is beneficial to an economy because population growth is correlated to technological advancement. The rising population promotes the need for some sort of technological change to meet the rising demands for certain goods and services.
• Demographic dividend in India: India’s unique population structure with around 66% population in the working age group (15-59 years) has brought her to the cusp of a major transition for the next two decades. This has made it one of the youngest countries in the world which may put India on the path of high development as happened in China between 1991 and 2011.

Steps taken for population control in India

• Population Policy Committee: was created in 1952 which suggested the appointment of a Family Planning Research and Programmes Committee in 1953.
• Central Family Planning Board was created in 1956 which emphasized sterilization. Up till the 1960s a rigid policy was not adopted to arrest the fast growth of the population. The policy framed in 1951-52 was ad hoc in nature, flexible, and based on a trial-and-error approach.
• The New Population Policy, 1977: The Government of India introduced first National Population Policy in 1976, which focussed on reducing birth rate, lowering the infant mortality rate and improving the standard of life.
• The National Population Policy 2000: provided a comprehensive framework to provide the reproductive and health needs of the people of India for the next ten years.
• Mission Parivar Vikas (MPV), 2016: Under the scheme, innovative strategies like the distribution of Nayi Pehel kits, Saas Bahu Sammelan, and Saarthi vans are helping in reaching out to the community and initiating dialogues on family planning and healthy birth spacing, and the importance of small families.
• Raising the marriage age for girls: Recently, the Government proposed the Prohibition of Child Marriage (Amendment) Bill, 2021, which seeks to raise the age of legal marriage for women from 18 to 21, which would further help in reducing fertility rates.

Some green shoots

• Declining TFR: SRS report estimated the Total Fertility Rate (TFR), the number of children a mother would have at the current pattern of fertility during her lifetime, as 2.2 in the year 2018. The recently released 5th National Family Health Survey report has shown that India’s TFR has currently reached below the replacement level of fertility of 2.1 children per woman. As fertility declines, so does the population growth rate.

Population control measures that can be taken

• Social Measure: Population outburst is considered to be a social problem and it is intensely rooted in civilization. It is, therefore, necessary to make efforts to eliminate the social iniquities in the country.
• Minimum age of Marriage: As fertility depends on the age of marriage therefore the minimum age of marriage should be raised. In India, the minimum age for marriage is 21 years for men and 18 years for women fixed by law. This law should be strongly implemented and people should also be made aware of this through promotion.
• Raising the Status of Women: There are prevalent biases against women. They are restricted to houses. They are still confined to rearing and bearing children. So women should be given opportunities to develop socially and economically. Free education should be given to them.
• Spread education: The spread of education changes the views of people. Educated men take mature decisions and prefer to delay marriage and adopt small family customs. Educated women are health mindful and avoid frequent pregnancies and thus help to lower the birth rate.
• Adoption: is also an effective way to curb population. Some parents do not have any children, despite expensive medical treatment. It is recommended that they should adopt orphan children. It will be helpful to orphan children and children to couples.
• Economic Measures: It is necessary to raise employment opportunities in rural as well as urban areas. Another economic measure for population control is the development of Agriculture and Industry. If agriculture and industry are correctly developed, a huge number of people will get employment. When their income is increased they would enhance their standard of living and accept small family norms.
• Urbanization: process can reduce population increase. It is reported that people in urban areas have low birth rate than those living in rural areas. Urbanization should be encouraged.
• Strict birth control measures: are needed such as China has adopted a strategy to decrease the birth rate. But it is not possible to reduce technological advancements to decrease the death rate in India. To reduce the birth rate, several government-funded agencies like the Family Planning Association of India spend excessive funds to promote family planning as a basic human right and the norm of a two-child family voluntarily.
• Creating awareness about family planning: The family planning methods provided by the family planning program are vasectomy, tubectomy, IUD, conventional contraceptives (that is condoms, diaphragms, jelly/cream tubes, foam tables) and oral pills.

Conclusion

• India’s 1.4 billion people must be seen as 1.4 billion opportunities. The country with the largest youth cohort can be a source of innovation, new thinking and lasting solutions.
• The trajectory can leapfrog forward if women and girls, in particular, are equipped with equal educational and skill-building opportunities, access to technology and digital innovations, and most importantly information and power to fully exercise their reproductive rights and choices.
• Ensuring gender equality, empowerment and advancing greater bodily autonomy for women and girls are the key determinants for a sustainable future.

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Context

• The Uttar Pradesh Special Task Force has recently encountered two persons who were wanted in connection with a murder case.
• The incident has again highlighted the issue of extra-judicial killings or encounters by security forces.
• In this context, this edition of the Burning Issue will deal with the issue of extra-judicial killings.

What Are Extra-Judicial Killings?

• Extra-judicial killing occurs when a person is killed by governmental authorities without a judicial decision or hearing on the case. In India, it is also known as extra-legal killing or encounter killing.

History of Extra-Judicial Killings in India

• In the past, the Indian subcontinent has seen a lot of things that led to the current situation of encountering killing.
• Ancient: Manusmriti and other ancient Hindu texts provide insight into the Indian criminal law system of the past. The Manu-Smriti says that torture is necessary to stop crimes and keep society peaceful. The Indian kings used torture to uncover the truth and solve crimes, adhering to the previous system.
• Medieval: The rule of “eye for an eye” was upheld when Mughal rulers were present. The British rulers in India accepted torture as a method of questioning the accused after the Mughals.
• Present: Despite the fact that the Indian judiciary is founded on the principle of “innocent until proven guilty,” the Indian police still employ torture and humiliation as methods of interrogation today.

Encounter Law in India

• No specific law: There is no specific encounter law in India. But there are certain situations described by the Indian Penal Code in which a civilian or a government entity can take another person’s life.
• Only in self-defence: The law allows the state authorities to kill another person during an investigation only when it’s a matter of self-defence. There are provisions in the Indian Penal Code citing the same.
• IPC Section 100: states that a person can take another person’s life only in the following situations:
• If the assault leads to another death otherwise or a very serious injury as a consequence.
• If the assault is carried out with the intent of rape, satisfying unnatural lust, or kidnapping.
• If the assault is carried out with the intent of wrongfully trapping a person, where he cannot seek the help of public authorities for his liberation.

What is the legislative status in India?

• No Legislation – No law in India exclusively defines encounter killings.
• Indian Penal Code – Sections 96-106 of the Indian Penal Code, 1860 deal with the Right to Private Defence. Under these sections, death in an encounter will not amount to a criminal offence, when it is done in self-defence.
• CrPC – Section 46 of the Criminal Procedure Code (CrPC), 1973 allows police officers to use any degree of force which is required to arrest the accused or prevent the accused from escaping.
• Supreme Court judgment: The Supreme Court in Om Prakash Vs the State of Jharkhand (2012) stated that extra-judicial killings are not recognized as legal by our criminal justice administration system and amount to State-sponsored terrorism.

Constitutionality of Extra-Judicial Killings

• Extra-judicial killings also serve as an attack on the fundamental rights of the citizens. The fundamental rights which are violated because of these unlawful killings are:
• Article 21– the right to life and personal liberty except according to procedure established by law.
• Article 22– the right to be protected against arrest and detention.

The Reason for Extra-judicial Killings

• Support from politicians: Indian political leaders occasionally tout the accomplishments of their state police in keeping the region’s peace, such as the number of encounters they have recorded.
• Support from the masses: People in general once in a while upholds these experience killings since they feel that the legal executive cannot make an opportune judgment.
• Work stress: When wrongdoing is perpetrated, the police need to pursue settling it. Because there are approximately 150 police officers for every one million people in India, the police are frequently understaffed.
• Weak human rights organizations: When it comes to criticizing the killings, the State Human Rights Commission (SHRC) and the National Human Rights Commission (NHRC) are not as effective as they should be.
• Rewards for encounters: The experience encounter executioners are compensated with monetary rewards, grants and motivators to lead the kills.
• Glorification of extra-judicial killings: The encounter killers are sometimes viewed by the general public as heroes who are punishing criminals. In Bollywood films, extrajudicial killings are glorified by having the hero engage in a confrontation and claim it to be justice.

What is the status of extra-judicial killings in India?

• 5-fold increase: A report states that the number of encounter killings has nearly multiplied by five over the past six years.
• In the six years between 2016-17 and 2021-22, India’s registration of encounter-killing cases decreased by 15%.
• From 2016 to 2021, India recorded 813 encounter killings. Between 2021 and 2022, the number of cases increased by 69.5 per cent.
• While there was a critical drop in these cases during the pinnacle of the Coronavirus pandemic – from 112 of 2019-’20 to 82 in 2020-’21 – there was a 69.5% spike the following year with 139 cases.

State-wise analysis:

• In their unofficial “Operation Langda” mission, the Uttar Pradesh Police shot and wounded more than 3,300 criminals in 8,472 encounters.
• Chhattisgarh had the most extrajudicial killings with 259 in the six years since April 2016, followed by Uttar Pradesh with 110 and Assam with 79.
• In the past six years, the number of extrajudicial killings in Uttar Pradesh has more than doubled.

Why do encounter killings receive the support of the masses?

• The common man in India is very unsatisfied with the long and tiring police investigations and judicial procedures. Sometimes, the accused are not punished because of the absence of proof or are given less severe than they deserve.
• In such a situation, many believe that encountering killings are a way to speedy justice.

A negative outcome of these killings

• Loss of life: The most obvious negative outcome of a fake encounter is the loss of life of an innocent person. If the police use excessive force or fake evidence, they can end up killing an innocent person.
• Violation of human rights: A fake encounter by the police is a violation of the fundamental human right to life. It is also a violation of the right to a fair trial and due process of law.
• Damage to public trust: When the police are found to have been involved in a fake encounter, it can damage public trust in law enforcement. This can lead to increased mistrust and hostility towards the police.
• Increase in crime: If the public loses trust in the police, they may be less likely to cooperate with law enforcement in investigations. This can lead to an increase in crime and a decrease in public safety.
• Rise of a retributive society: such incidents lead to the rise of revenge feelings against society, government and police leading to rise of new criminals.

How to control extra-judicial killings?

NHRC Guidelines

• In March 1997, Justice M. N. Venkatachaliah (the then chairperson of the NHRC), asked all states and UTs to ensure that police follow the following set of guidelines in cases of encounter killings:
• Launching an FIR: At the point when the responsible for a Police headquarters gets data about the passings in an experience, he will keep that data in the proper register.
• Proper Investigation: The information that is received shall be deemed sufficient to constitute a suspicion, and immediate action must be taken to investigate the relevant facts and circumstances that led to the death in order to determine, if any, the nature and perpetrator of the offense.
• Compensation if found innocent: It tends to be allowed to the wards of the departed when the cops are indicted based on the after-effects of the examination.
• Independent Organization: It is appropriate to refer the cases for investigation to some other independent investigation agency, such as State CID, whenever the encounter party consists of police officers from the same police station. These guidelines were extended in 2010 by the NHRC to include:
• Authoritative Test: An authoritative inquiry should be held in all instances of death which happen throughout police activity, as quickly as could be expected (ideally in three months or less).
• Making a Commission Report: Within 48 hours of death, the Senior Superintendent of Police/Superintendent of Police of the District is required to report any police-related deaths to the Commission.
• Within three months, a second report containing information such as a post-mortem report and findings must be submitted to the Commission in all instances.

Supreme Court 16-point guidelines

• In 2014, the Supreme Court in the PUCL Vs State of Maharashtra case formulated 16-point guidelines on extra-judicial killings. Some of the guidelines include prompt action, FIR registration, independent investigation etc. The National Human Rights Commission (NHRC) has also laid down strict guidelines that government officials must follow in the case of extra-judicial killing.

Way Forward

• For the credibility of the rule of law to be maintained, encounter killings must be thoroughly investigated.
• The state government is responsible for upholding the rule of law and instructing police officers on how to handle unforeseen circumstances and safeguard those in custody.
• In addition, the criminal justice system must be completely overhauled and necessary police reforms must be implemented.
• Respect for human rights must be instilled in officers involved in the increasing number of encounter killings.
• UN Convention against Torture – India should take immediate measures to ratify UN Convention against Torture and the enactment of the Prevention of Torture Bill, 2017.
• Strict Implementation – Ensure the strict implementation and monitoring of the Supreme Court and the NHRC guidelines on fake encounter deaths.

Conclusion

• ‘The rule by gun’ should not be preferred to ‘the rule of law’. The fundamental premise of the rule of law is that every human being, including the worst criminal, is entitled to basic human rights and due process.
• Unless it is for self-defense, all extra-judicial killings are otherwise unacceptable in a society of law.
• The need of the hour is to rebuild the lost trust in the justice delivery mechanism in the country and fast-track the process.
• We must recall what the Supreme Court said in the Salwa Judum case (2011):

The primordial value is that it is the responsibility of every organ of the State to function within the four corners of constitutional responsibility. That is the ultimate rule of law.

Context

• In a surprise move, the Indian central bank decided to pause its consecutive rate hikes and keep the benchmark repo rate at 6.50%.
• The decision taken by the monetary policy committee (MPC) is a unanimous one despite inflation still beyond tolerance levels and downside risks from global economic activity.
• Thus, this edition of the burning issue will talk about this hike pause and the mechanism of inflation targeting.

Background: Evolution of Inflation Targeting Framework

Phase One: Non-Statutory Inflation Control By RBI

• Non-statutory: This Phase was marked by a Non-statutory inflation mechanism by RBI which included changes in several policy rates such as cash reserve ratio, and statutory liquidity ratio to maintain inflation.
• Limitation: The mechanism lacked in several points such as lack of transparency in decision-making, uncertainty in the market about rates and inflation etc. Thus, the government shifted to Inflation targeting.

Phase Two- The MPC and The Beginning of the Inflation Targeting Era

What is the Monetary policy committee (MPC)?

• Monetary policy refers to the policy of the central bank with regard to the use of monetary instruments under its control to achieve the goals specified in the Act.
• Six-member committee: Under Section 45ZB of the amended (in 2016) RBI Act, 1934, the central government is empowered to constitute a six-member Monetary Policy Committee (MPC).
• The primary objective: Section 45ZB of RBI Act, 1934 sets the objective of the RBI’s monetary policy to maintain price stability while keeping in mind the objective of growth.
• A Monetary policy committee was formed to decide the Key policy rates.
• Objective: Further, Section 45ZB lays down that “the Monetary Policy Committee shall determine the Policy Rate required to achieve the inflation target”.

Flexible Inflation Targeting Framework

Now, there is a flexible inflation-targeting framework in India (after the 2016 amendment to the Reserve Bank of India (RBI) Act, 1934).

What is Inflation Targeting? 

• Inflation targeting is a central banking policy that revolves around adjusting monetary policy to achieve a specified annual rate of inflation.  
• Inflation targeting was first adopted in New Zealand and subsequently by 33 other countries. India adopted it in 2016.
• The amended RBI Act, 1934 provided for the INFLATION TARGET (4% +-2%) to be set by the Government of India, in consultation with the Reserve Bank, once in every five years.

3 Stances of RBI under Inflation Targeting

1. ‘Accommodative’ 

• An accommodative stance means the central bank is prepared to expand the money supply to boost economic growth. The central bank, during an accommodative policy period, is willing to cut interest rates. A rate hike is ruled out.

2. ‘Neutral’

• A ‘neutral stance’ suggests that the central bank can either cut rate or increase rate. This stance is typically adopted when the policy priority is equal on both inflation and growth.

3. ‘Hawkish’

• A hawkish stance indicates that the central bank’s top priority is to keep inflation low. During such a phase, the central bank is willing to hike interest rates to curb the money supply and thus reduce the demand.

How inflation and rate hikes are linked?

• When there is a shortage of funds, commercial banks borrow money from the central bank which is repaid according to the repo rate applicable.
• The central bank provides these short terms loans against securities such as treasury bills or government bonds.
• This monetary policy is used by the central bank to control inflation or increase the liquidity of banks.
• The government increases the repo rate when they need to control prices and restrict borrowing.
• An increase in repo rate means commercial banks have to pay more interest for the money lent to them and therefore, a change in repo rate eventually affects public borrowings such as home loans, EMIs, etc.
• From interest charged by commercial banks on loans to the returns from deposits, various financial and investment instruments are indirectly dependent on the repo rate.

Why RBI hiked rates previously?

• Global economic volatility due to the Ukraine war since March 2022 supply chain disruptions for a number of items.
• Record high inflation throughout a major period during 2022 has prompted the RBI to make multiple policy rate hikes.

Impact:

• The RBI has raised the repo rate by 250 basis points (bps) since May 2022, thereby increasing the External Benchmark Linked Interest Rates, EBLR by 250 bps.
• Banks have also raised the lending rate linked to the marginal cost of funds-based lending rate (MCLR) in the past 11 months.
• Last year, the Consumer price index (CPI) hit its highest of 7.79% in Apr, and the wholesale price index (WPI) reached 15.88% in May 2022.

Why RBI has now paused hikes?

• Decreasing inflation: The country’s retail inflation, which is measured by the consumer price index (CPI), slipped 16-month low of 5.66% in Mar. 2023.
• Inflation data on the Wholesale Price Index (WPI), which calculates the overall prices of goods before selling at retail prices, was at 3.85% in Feb. 2023.
• May slow down growth and consumption: Concerns over slowing consumption and tepid private investment have been emerging in policy quarters, with many seeing high-interest rates as a crucial factor in dampening demand.
• Decrease in crude prices: Also, there has been a decrease in global crude prices and food inflation.
• Still risks are there: The RBI underlined risks from protracted geopolitical tensions, tight global financial conditions and global financial market volatility to its monetary policy outlook.

Will this pause be helpful or not?

(1) Yes

• The pause by the RBI will help favor the growth-inflation tradeoff towards the former.
• An increase in EMIs for different types of loans will also halt helping the middle class to cope with inflation.

(3) No

• Rates to remain high: In the backdrop of many global agencies lowering India’s growth forecasts for this financial year amid expectations of global economic slowdown and monetary tightening by other countries.
• No relief on debts: The interest rates of debts are already high and a pause on a hike will not bring down these interest rates and thus keep the debt costlier.

Effectiveness of Inflation Targeting

Successes

• Average inflation has declined: The average inflation rate measured through the GDP deflator has declined significantly in the inflation targeting regime.
• The average inflation, which was 5.69 per cent five years in the pre-inflation targeting period, has declined to 3.47 per cent in the last five years.
• CPI declined: Consumer Price Index inflation declined from 8.26 per cent during the 2011-2015 period to 4.99 per cent in 2016-2019, a 3.27 percentage point fall.
• This is highest among both inflation-targeting countries as well as those that did not adopt it.
• Enhanced transparency:  Monetary policy transparency in India has improved after the adoption of the inflation-targeting framework.

Failures

• Sole focus of inflation: However, some critics of inflation targeting feel that its sole focus on price stability ignores growth imperatives.
• Not much effective in India: In India, the agricultural sector and informal economy have a large share, which is not directly impacted by such rate hikes, thus rendering the hikes less effective.

Way forward

• The review committee should try to find out areas of further improvement in the monetary policy framework which will strengthen the MPC to achieve the inflation target.
• In the present framework, it is not clear which model the RBI uses to forecast inflation and GDP figures, so it should disclose the models used in forecasting as other inflation-targeting countries do.
• Further, the RBI may include a forecast of core inflation in the minutes.

Conclusion

• Central banks including the RBI are often accused of falling behind the curve. However, these are challenging times for central banks. Rate hikes operate with a lag. They also lead to a growth slowdown.
• Thus, RBI has to walk a tightrope to balance growth-inflation dynamics. The accountability measures incorporated in the inflation targeting framework ensure that the focus on inflation management is not lost.