Recently, the Union and State governments agreed to implement the direct benefit transfer (DBT) scheme in the power sector for better targeting of electricity subsidies.
Keyfeatures
Under the scheme, electricity will be provided to consumers at market rates and those eligible get the subsidy amount directly in their bank accounts.
The cash payment under DBT will be equivalent to the level of payment announced by the state government for per unit of electricity consumption.
The state would decide the subsidy based on average consumption data of a particular set of consumers.
It is to be first launched under a pilot project and the full launch by 2019 when state discoms cleared their losses and started generating profit under UDAY.
To make discoms more responsive, any disruption in electricity will be penalized after March 2019.
For achieving efficiency and reduce losses, 100% metering will be done and there will be no human interface in consumer sides such as metering, billing, and collections.
Need for DBT in the power sector
India’s electricity distribution sector has been facing huge loss over the years even after the launch of UDAY (Ujwal Discom Assurance Yojana).
Currently, discoms provide subsidy by the cross-subsidization method. Cross-subsidization is done by subsidizing the electricity tariff of households while keeping the tariff for commercial and industrial consumers high.
People who are capable of paying the tariff benefits from cross-subsidization, but people who can’t pay (small business) are affected due to high electricity costs. Hence, DBT would solve the problem by direct targeting.
India’s per capita power consumption is around 1200 kilowatt-hour (kWh) which is among the lowest in the world. The government has the vision to provide 24×7 power to all by 2019. So power leakage and inefficient distribution shall be minimized with DBT and provide power to all households particularly those who lack.
In 2016, NITI Aayog recommended launching DBT in power distribution.
Benefits
DBT in power sector will result in better targeting of subsidies without any leakages and delays.
It will result in savings to the government exchequer.
The tariff rationalization under the proposed reforms would help discoms escape from losses and recover input costs.
It would result in the development of small industries who were earlier affected by cross-subsidization.
Challenges
Unless metering is done at the lowest levels (backward and rural areas), the power sector will not survive.
DBT is done through Aadhaar. However, the biometric authentication of poor people has not complete.
There is also the need to remove the ghost beneficiaries.
Way forward
DBT in the power sector is a welcome move which would help India achieve 24×7 power for all target. However, the implementation should also be effective in ensuring the success of this scheme with proper monitoring, prompt payments, grievance redressal mechanisms for non-payments or delayed payments, removing ghost beneficiaries etc.
Practice questions
Do you think that the Direct Benefit Transfer (DBT) in the power sector would help the government in achieving the 24×7 power for all target? Critically examine.
Supreme Court of India in Subramanian Swamy case upheld the validity of the criminal defamation law.
The court pronounced its verdict on a batch of petitions challenging the constitutional validity of sections 499 and 500 of the Indian Penal Code providing for criminal defamation.
What is Defamation?
Defamation refers to the act of publication of defamatory content that lowers the reputation of an individual or an entity when observed through the perspective of an ordinary man. Defamation in India is both a civil and a criminal offence.
The Law which deals with Defamation
Sections 499 and 500
Sections 499 and 500 in the IPC deal with criminal defamation. While the former defines the offence of defamation, the latter defines the punishment for it.
Section 499
Whoever, by words either spoken or intended to be read, or by signs or by visible representations, makes or publishes any imputation concerning any person intending to harm, or knowing or having reason to believe that such imputation will harm, the reputation of such person, is said, except in the cases hereinafter expected, to defame that person.
Section 500
Whoever defames another shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both.
Supreme Court on Defamation
Court rules that defamation laws are not in conflict with the right to free speech.
Court stated that notwithstanding the expansive and sweeping ambit of freedom of speech, as all rights, right to freedom of speech and expression is not absolute. It is subject to imposition of reasonable restrictions
Why should it be retained?
The reputation of an individual, constituent in Article 21 is an equally important right as free speech
It has interpreted art 21 to provide for the right to reputation and brought a new concept of constitutional fraternity – that is, an assurance of mutual respect and concern for each other’s dignity.
The Supreme Court declared that the right to free speech under Article 19(1)(a) had to be “balanced” against the right to “reputation” under Article 21.
It has been part of the statutory law for over 70 years. It has neither diluted our vibrant democracy nor abridged free speech
Protection for “legitimate criticism” on a question of public interest is available in the Civil law of defamation & Under exceptions of Section 499 IPC
Mere misuse or abuse of law can never be a reason to render a provision unconstitutional rather lower judiciary must be sensitized to prevent misuse
Monetary compensation in civil defamation is not proportional to the excessive harm done to the reputation
Editors have to take the responsibility of everything they publish as it has far-reaching consequences in an individual and country’s life
Since there is no mechanism to censor the Internet from within, online defamation could only be adequately countered by retaining defamation as a criminal offence.
Also, criminalisation of defamation is part of the state’s “compelling interest” to protect the right to dignity and good reputation of its citizens.
Unlike in the U. S, defamation in India cannot be treated only as the civil liability as there is always a possibility of the defamer being judgment-free, i.e., not having the adequate financial capability to compensate the victim.
Why should it not be retained?
These restrictions have a chilling effect on freedom of speech; they create an anomaly whereby the threshold for criminal prosecution for defamation is now possibly lower than the threshold for civil damages;
“Constitutional fraternity” is not a part of Article 19(2) of the Constitution, which specifically limits the circumstances under which the state can restrict speech to eight enumerated categories.
It is also nowhere in the fundamental rights chapter of the Constitution, so the question of “balancing” free speech against constitutional fraternity does not arise.
Article 21 which is a shield to protect the individual against State persecution or indifference, is used as a sword to cut down on the fundamental right to freedom of speech and expression because of this provision.
Freedom of speech and expression of media is important for a vibrant democracy and the threat of prosecution alone is enough to suppress the truth. Many times the influential people misuse this provision to suppress any voices against them.
Considering anecdotal evidence, every dissent may be taken as unpalatable criticism. Sections 499 and 500 of IPC prescribe two years’ imprisonment for a person found guilty of defamation.
The right to reputation cannot be extended to collectives such as the government, which has the resources to set right damage to their reputations.
The process in the criminal cases itself becomes a punishment for the accused as it requires him to be personally present along with a lawyer on each date of hearing.
Given that a civil remedy to defamation already exists, no purpose is served by retaining the criminal remedy except to coerce, harass and threaten.
It goes against the global trend of decriminalizing defamation
Many countries, including neighbouring Sri Lanka, have decriminalized defamation.
The United Kingdom abolished criminal defamation altogether
More recently, the Constitutional Court of Zimbabwe struck it down as an unconstitutional restriction upon the freedom of speech.
In 2011, the Human Rights Committee of the International Covenant on Civil and Political Rights called upon states to abolish criminal defamation, noting that it intimidates citizens and makes them shy away from exposing wrongdoing
11 Investigative journalism can be curtailed and the ombudsman would be threatened.
The dozens of defamation cases filed in Tamil Nadu to silence journalists show that criminal defamation can fetter democratic accountability.
Way forward
Criminal defamation should not be allowed to be an instrument in the hands of the state, especially when the Code of Criminal Procedure gives public servants an unfair advantage by allowing the state’s prosecutors to stand in for them when they claim to have been defamed by the media or political opponents.
In recognition of the fact that many countries do have criminal defamation laws which are unlikely to be repealed in the very near future, following interim measures can be taken:
No-one should be convicted for criminal defamation unless the party claiming to be defamed proves, beyond a reasonable doubt, the presence of all the elements of the offence, as set out below;
The offence of criminal defamation shall not be made out unless it has been proven that the impugned statements are false, that they were made with actual knowledge of falsity, or recklessness as to whether or not they were false, and that they were made with a specific intent to cause harm to the party claiming to be defamed;
Public authorities, including police and public prosecutors, should take no part in the initiation or prosecution of criminal defamation cases, regardless of the status of the party claiming to have been defamed, even if he or she is a senior public official;
Prison sentences, suspended prison sentences, suspension of the right to express oneself through any particular form of media, or to practise journalism or any other profession, excessive fines and other harsh criminal penalties should never be available as a sanction for breach of defamation laws, no matter how egregious or blatant the defamatory statement.
Conclusion
While the right to reputation may be protected by the Constitution, it should not be at the cost of freedom of speech.
Free speech is necessary because it enables the media to hold governments and individuals accountable. Freedom of speech should also protect the right to offend within reasonable limits.
If the ability to legitimately criticize is not protected, voices throwing light on important issues will continue to be silenced by the rich and powerful
Africa is a continent with various opportunities such as natural resources, demography and socio-economic development which attracts global attraction and competition.
According to IMF, 11 of the world’s fastest-growing economies are in Africa, with many of the nations recording high growth rates.
Various countries including India and China have been investing in Africa to tap such potential. This led to widespread investment and development which made the African leaders welcoming the competition.
Competition between India and China is for new markets, agricultural land and access to natural resources.
China’s strategy in Africa
China with its economic might has invested heavily in various infrastructural projects in Africa and became a strong player in Africa.
China started its economic liberalization way before India and with huge manufacturing base made deep inroads into Africa and devised effective strategy to exploit the natural resources in Africa. This created a strong lobby for China in Africa.
Since independence, India followed the non-interventionist approach in Africa. However, China established a military base in Djibouti and acts as a net security provider in the region.
The African countries have the huge demand for manufacturing and human resources which China has been effectively utilizing to establish a dominance.
China has also been leveraging its permanent member status in UNSC to convince African countries that it will effectively tend to their concerns in the United Nations.
India’s strategy in Africa
China has made deep inroads into Africa than any other country. But its dominance is slowly being replaced by India’s growing involvement in the region.
India has focussed on showcasing its cultural and historical ties with the region to improve the trade relations with resource-rich countries such as Sudan, Ethiopia, and Zimbabwe.
India’s soft power strategy has been successful which is evident in countries like Sudan where Indian companies have attained near complete control of the local oil and natural gas industry.
In Zimbabwe also, China’s dominance in the energy and resource sectors is being replaced by both state-owned and private Indian corporations.
African nations increasingly prefer India over China because of following reasons
Chinese companies utilize Chinese workers instead of local people = No employment creation. But India employs local people and provide them with skills.
Chinese companies don’t care about environmental protection, instead only the profits.
Chinese loans come with the prerequisite that only Chinese technology shall be utilized.
Way forward
Although China has a larger presence in African economy than India, there are growing opportunities for India to improve trade relations with Africa such as initiatives like Asia-Africa growth corridor proposed by both India and Japan for improving development and people-people partnership.
Africa is key to India’s economic and maritime interests in the Indian Ocean region. The Prime Minister’s emphasis on the “blue economy initiative” which aims to build on maritime trade links between India and the countries situated along the Indian Ocean is significant.
Africa’s automotive sector is growing on the back of rapid urbanisation, a growing consumer base with rising disposable income and a huge regional market.
It needs investments for creating infrastructure in ports, roads and railways, and training programmes to build a skilled labour force.
Therefore, Our expertise and human resources in building roads, airports, ports, railways, economic zones and industrial corridors should be shared.
India must not overlook the prospects of commercialisation of Indian innovation and technology in Africa.
For instance, a unique opportunity lies in Africa’s agriculture sector which suffers from low productivity, limited use of technology, lack of high yielding varieties of crops and good quality seeds.
This opens a window for Indian entrepreneurs in high social impact sectors including agriculture, information and communication technology, pharmaceuticals, energy and healthcare.
Practice Question
“Although China has a huge presence in African economy, India has been slowly making inroads into Africa replacing China”. Comment.
Recently, the government approved the establishment of India’s first mega coastal economic zone (CEZ) at Jawaharlal Nehru Port (JNPT) in Maharashtra.
The CEZ will be located in the north Konkan region spread across Nasik, Thane, Mumbai, Pune, and Raigarh.
It will be part of 14 mega CEZ under the National Perspective Plan of the Sagarmala Programme.
What is Coastal Economic Zone?
It is a spatial economic region that could extend along 300-500 km of coastline and around 200-300 km inland from the coastline.
Each CEZ will be a grouping of coastal districts within a state.
It will provide a geographical boundary within which port led industrialization can be developed through uniform policy along the ports and coastal states.
Under CEZ, investor and business-friendly environment including ease of doing business, swift environmental clearances etc.
Significance
These CEZs are aimed at promoting the development of port-proximate industrial clusters, encourage port-led development, reduction of logistics costs and time for the movement of goods and enhance the global competitiveness of Indian manufacturing sector.
CEZ will facilitate export-led coastal economy based on labour-intensive sectors and will result in employment creation.
It will increase export growth since large manufacturing industries are assisted by ancillary industries in the CEZ.
CEZ would attract foreign investments with technology, capital, goods management and connections to the global markets.
It will create an ecosystem around the CEZ in which productive cluster of the small and medium firm would arise and flourish.
Challenges
Lack of availability of land with the states along with huge acquisition and compensation costs have delayed the implementation of the project.
Lack of sufficient infrastructure for evacuation of cargo at major and non-major ports resulting in a poor mix of modal transportation, low penetration of coastal and inland shipping, lack of scale and deep draft at ports also lead to the poor growth.
Involvement of multiple agencies might lead to a fragmented approach in the development of infrastructure for promoting industrialization, trade, tourism, and transportation across the country.
Way forward
Port-led industrialization through the development of CEZ expected to provide impetus to the “Make in India” initiative of the Government of India that will aid in the creation of jobs in India. However, speedier clearances without concern for the environment will be detrimental for the sustainable development as well. Hence proper environment impact assessment is needed before the actual implementation
Practice question
Critically evaluate the features, significance, and challenges associated with the development of Coastal Economic Zone in India.
The Parliament has amended the Child Labour (Prohibition and Regulation) Act, 1986 and passed Child Labour (Prohibition and Regulation) Amendment Bill, 2016 in July 2016.
What is Child Labour?
The term “child labour” is often defined as work that deprives children of their childhood, their potential and their dignity, and that is harmful to physical and mental development (International Labour Organization).
Key Statistics of Child Labour in India
1 in every 11 children in India works to earn a living, according to statistics by Action Aid India
There are five states which are India’s biggest child labour employers-Bihar, Uttar Pradesh, Rajasthan, Madhya Pradesh and Maharashtra, as per data given out by save children NGO.
National capital Delhi is responsible for a share of 1 million child labour alone.
A recent analysis by CRY of census data in the country shows that the overall decrease in child labour is only 2.2 per cent year on year, over the last 10 years.
Also it has revealed that child labour has grown by more than 50 percent in urban areas.
There are 33 million child labourers between the ages of 5 – 18 years in INDIA as per census 2011 data and 10.13 million between the ages of 5- 14 years.
Considering that there are 444 million children India under the age of 18, they form 37 percent of the total population in the country.
Current Scenario of Child Labour
India is one of the leading countries in Asia has 33 million children employed in various forms of child labour.
India yet to ratify the Minimum age convention 1973 (No 138) of the International labour organization (ILO) that lays down ground rules for employment of minors across the globe.
According to a Live mint report ,the government last year amended child labour laws to allow children below 14 to work in family businesses and the entertainment industry (excluding circuses ) in order to create” a balance between the need for education for a child and reality of the socio-economic condition and social fabric of the country”.
The amendment modified the definition of adolescents- to children between 14 and 18 years of age and barred them from working in any hazardous industries only.
Constitutional Safeguards for Children
The constitution provides various safeguards for children which are as follows:
Article 15(3) gives the power to the State to enact laws to protect children.
Article 21A provides free and compulsory education to all children between the ages of 6 and 14.
Article 24 prohibits employment of children under the age of 14 years in hazardous industries.
Article 39 (e) provides that the State shall direct its policy to ensure that the tender age of children is not abused.
Article 45 provides that State shall endeavour to provide early childhood care and education to children below the age of six years.
Article 47 provides that it is the duty of the State to raise the level of nutrition and standard of living and to improve public health.
Salient features of theChild Labour (Prohibition and Regulation) Amendment Act Bill
The Bill proposes a ban on employment of children below 14 years in all occupations except in family business and in entertainment industry provided education of the child does not get hampered.
It prohibits employment of adolescents (a person between 14 and 18 years of age) in hazardous occupations as specified (mines, inflammable substance and hazardous processes).
The central government may add or omit any hazardous occupation from the list included in the Bill.
It enhances the punishment for employing any child in an occupation and for employing an adolescent in a hazardous occupation. For the first time, the fine has been increased from 20000 to 50000 Rs and 6 months to 2 years imprisonment. For repeat offenders, the offence is cognizable and proposes a punishment of 1-3 years.
The Bill proposes relaxed penal provisions for parents. In case of parents being repeat offenders, it proposes a fine of 10000 rupees.
It empowers the government to make periodic inspection of places at which employment of children and adolescents are prohibited.
It also sets up a Child and Adolescent Labour Rehabilitation Fund to be set up under the Act for rehabilitation of children and adolescents.
Arguments in Favour
The amendments intend to preserve Indian art and craft by enabling parents with traditional skills to pass them on to their children.
The setting up of a Child and Adolescent Labour Rehabilitation Fund will help to improve the condition of the children and sponsor education for them.
It prescribes a more stringent penalty for Violators and high term of jail and fine with non-bailable charges.
It gives more autonomy to various institutions involved in child labour protection rehabilitation and redevelopment y empowering the government to make periodic inspection of places.
Arguments in Against
Reversing the gains
In 1986, the Child Labour (Prohibition and Regulation) Act had after much discussion and expansion included 83 occupations. The new amendment reverses the gain by bringing down the list of hazardous occupations for children to include just mining, inflammable substances and explosives.
Open discretion of government authorities
Further, the occupations listed as hazardous can be removed, according to Section 4 — not by Parliament but by government authorities at their own discretion. This leaves it to open discretion.
Promoting family labour
It allows child labour in “family or family enterprises” or allows the child to work in the entertainment industry. Most of the child labour is in work with family members. Not defining the nature and time limitation will act as a main obstruction to their educational endeavour.
Non-uniform implementation
List of hazardous factories can be amended by the state government, thus, leading to the non-uniform implementation of this act.
Making lawful what was unlawful earlier
It allows that the children may work after school hours or during vacations, thus, actually making lawful a large part of child work that was earlier unlawful.
Roughly defined purpose of Fund
Funding from the child rehabilitation fund is not directly linked to education and development rather it aims towards these goals without any mentioned method thus not giving any specific list of objectives.
Way forward
The Constitution of India mandates the state to secure a healthy childhood to all its children by virtue of Article 21-A, 24, 39(e), (f), 41 and 45.
Despite this, slavery is the keynote of industrial life in India and child labour prevails in one or the other nook and corner.
Even after the new Amendment Act, the blueprint for tackling child labour has multifarious lacunas and is not conducive in providing the fullest extent of justice to its children. The complete abolishment of child labour is still a distant dream.
It is high time to realize that child labour is not just a social issue but a moral one. The cardinal right to free and compulsory education to children is a fundamental right and child labour is antagonistic to this basic right of a child.
Practice Question
Critically examine the Key features of the Child Labour (Prohibition and Regulation) Amendment Act?
The Law Commission has recommended that gambling and betting on sports, including cricket, be allowed as regulated activities taxable under the direct and indirect tax regimes and used as a source for attracting foreign direct investment (FDI)
The commission’s report, “Legal Framework: Gambling and Sports Betting including Cricket in India”, recommends a number of changes in the law for regulating betting and generating tax revenues from it
Definition of Gambling & Betting
Betting is considered to be a form of gambling. The main difference between the two activities is that in gambling ‘the stakes’ or ‘the wager’ is placed on an event without any basis of the outcomes, whereas in betting the stakes are placed, based on at least an idea or the performance about the said betting event.
Kautilya’s Arthashastra defined gambling as wagering with inanimate objects such as dice; and betting as something that involved challenges and was concerned with cockfights, animal races and similar contests.
Law Commission Recommendations
Parliament may also enact a model law for regulating gambling that may be adopted by the States or in the alternative, the Parliament may legislate in the exercise of its powers under Articles 249 or 252 of the Constitution.
Gambling and betting, if any, should be offered only by Indian licensed operators from India possessing valid licenses granted by the game licensing authority.
Gambling must be classified into two categories, namely ‘proper gambling’ and ‘small gambling’. ‘Proper gambling’ would be characterized by higher stakes, whereas individuals belonging to the lower income groups will have to confine themselves to ‘small gambling’.
The transactions made between and among operators and players/participants indulging in these activities should mandatorily be made ‘cashless’.
Any income derived from such activities should be made taxable under the Income Tax Act, 1961, the Goods and Services Tax Act, 2017.
Consequences that ensue due to unregulated Gambling and Betting
Some of the major problems related to illegal gambling and betting activities are the exponential growth of illegal trade and commerce, and corrupt practices such as spot-fixing and match-fixing being employed in sports.
A total of 2916 cases have been registered under the gambling act in a period of 28 months, i.e., 104 cases per month, on an average.
The Delhi Police terms gambling as “connecting crime” that connects the gambler with other criminal activities. In order to regain the lost money or in an attempt to ‘invest’ more money into gambling, expecting more return an illegal gambler is bound to end up in committing other crimes like chain snatching, looting, stealing, etc.
A total ban on gambling and betting activities has not completely eradicated the problem but it has driven it straight to the black-market. This in turn has resulted in making it harder to monitor such illegal activities.
Illegal betting causes substantial monetary loss to the economy, with profits escaping the purview of taxation, and also increases the circulation of black money in the market.
Advantages of a regulated Gambling and Betting industry
Protection for the young and vulnerable against the dangers of unwise betting behaviour.
Employment generation (more than 8000 people are employed in casinos in Goa).
Fairer and more trusted betting experience for consumers, offering entertainment in a controlled and responsible manner.
Blow against organized crime like match fixing which threaten to damage public trust both in sport and in the legitimate betting industry.
Generation of revenues from taxation of sports development and preventing sport betting from being linked to criminality or used to launder proceeds of crime.
Protection of players, coaches and all involved with sport from unprincipled approaches
Lessons from International Perspective on Gambling & Betting
Countries across the globe have adopted three approaches in the matter of regulating gambling and betting activities.
Some Countries, especially those which give primacy to religious morality, have taken the view that the role of government is to protect its citizens from the negative effects of such activities.
The Countries that give primacy to religious morality often impose a complete ban on gambling, while others view gambling and betting as an industry to drive trade and revenue; and encourage tourism and employment.
Some countries also operate between these two extremes, striking a balance and permit gambling in a controlled and regulated environment; as a result, they earn substantial revenue from the tax imposed on such activities. This revenue can be utilized for promoting sports, cultural, charitable activities or any other activity aimed at the economic growth or development
What needs to be done?
Legalizing betting and gambling is not desirable in India in the present scenario. Therefore, the State authorities must ensure enforcement of a complete ban on unlawful betting and gambling.
However, incapability to enforce a complete ban has resulted in a rampant increase in illegal gambling, resulting in a boom in black-money generation and circulation.
Since it is not possible to prevent these activities completely, effectively regulating them remains the only viable option.
But law commission recommends that regulated gambling would ensure detection of fraud and money laundering, etc.
Such regulation of gambling would require a three-pronged strategy, reforming the existing gambling (lottery, horse racing) market, regulating illegal gambling and introducing stringent and overarching regulations
Practice Question
A complete restriction on betting has not eradicated it but has sent the activity ‘underground’ covered in the murky undertakings of the crime syndicates. In the light of the above statement critically analyse the recent proposal of Law commission to regulate gambling and betting on sports in India?
The Belt and Road Initiative is a Chinese foreign policy initiative launched by President Xi Jinping in 2013.
It consists of two projects named Silk Road Economic Belt (SREB) and Maritime Silk Road (MSR).
The objective is to build a trade, investment, and infrastructure network linking Asia with Europe and Africa along the ancient trade routes.
China has incorporated Belt and Road Initiative into its constitution.
The significance of BRI for China
It makes China an important maritime power in the South China Sea and the Indian Ocean and its littoral countries.
It promotes China-led financial institutions such as the Asian Infrastructure Investment Bank (AIIB).
Development of Western Provinces: It will develop poorer western provinces of China, particularly Xinjiang. Xinjiang has had ethnic tensions and is considered to be a vulnerable area for China. The Chinese government made Xinjiang Uighur Autonomous Region as ‘Core zone of Silk Road Economic belt’. The government has been providing incentives to attract manufacturers and real estate developers.
Transportation links provide better access to rich European markets and boost trade.
Creation of an energy route between the Middle East and Africa will act as a safety valve against any possible prohibition at points like Hormuz and the Malacca Strait.
Development of railways, ports, pipelines, and highways across Asia and the Indian Ocean will help China utilize its excess capacity in steel, cement, and infrastructural engineering. This will result in the development of its manufacturing sector further.
It will enable China to compete with Transatlantic Trade and Investment Partnership (TTIP) and Trans-Pacific Partnership (TPP) or any other future mechanisms that aim at establishing new trading norms.
Challenges to BRI
Poor governance and instability in Countries along BRI
The varying levels of development and the poor governance conditions of countries along the BRI may hinder infrastructure development, trade, and investment.
Furthermore, the political instability in a growing number of countries such as Yemen, Syria etc. along BRI poses serious security concerns for BRI
Separatist movements and Ethnic Tensions
Separatist movements and ethnic tensions especially in Xinjiang proves to be a major challenge for the development of BRI and its linking with neighbouring countries.
Cooperation from neighboring countries:
China has raised several sovereignty-related disputes with neighbouring countries including India which makes them not cooperate with the development of BRI.
Moreover, the Potential ecological and environmental consequences, especially in developing countries along the BRI, renders the project undesirable for many countries including India.
Transparency issues in tenders and deal conditions
There are many instances of countries such as Nepal and Pakistan abandoning the deal with China to build the infrastructure project because of the closed tender process and strict deal conditions.
India’s stance
India has opposed the BRI and did not attend the 2017 BRI Summit held in Beijing.
It mentioned issues of sovereignty, transparency and unilateral decision making.
Why is India reluctant in joining the initiative?
China-Pakistan Economic Corridor (CPEC)
CPEC is a flagship programme of the BRI and the main reason for India opposition to the initiative.
It is because CPEC passes through Pakistan-Occupied Kashmir (Gilgit-Baltistan) which is a disputed territory between India and Pakistan.
Thus CPEC undermines India’s strategic interests and territorial integrity.
More importantly, with CPEC, China will get access to the western Indian Ocean through Gwadar port. This will help China in controlling maritime trade and would affect the freedom of navigation and trade-energy security of India.
Unilateral Decision
India has alleged that China has taken unilateral decisions. There has been a lack of consultations with India before the launch of BRI.
Concern over China’s expanding presence in neighbouring countries and the Indian Ocean
China’s port development projects in the Indian Ocean raises security concerns for India.
Increasing Chinese presence in Nepal, Pakistan, Sri Lanka, and Myanmar has raised concerns for India. For India, BRI seems driven by large geopolitical aims.
Transparency issues
India has highlighted the importance of openness and transparency
According to India, mutual agreements on infrastructure projects should be transparent and debt repayments should be made easier for recipient countries
Why should India join BRI?
Economic benefits, Boost to trade, investment, and business engagement
It provides direct access to Afghanistan and Central Asia
Energy: BRI is expected to normalize India-Pakistan ties. This would remove the obstacles to the implementation of two major energy cooperation projects: the Iran-Pakistan-India gas pipeline and the Turkmenistan-Afghanistan-Pakistan-India (TAPI) gas pipeline. This is crucial for India’s energy security.
Improve Indo-China ties; India and China may cooperate at many global fronts.
Security: Development in Gilgit- Baltistan area would help to curb security threats
All neighbouring countries (except Bhutan) and other countries from South-East Asia, Central Asia has joined BRI. Thus, not joining BRI may lead to the isolation of India
Many geopolitical issues and differences can be resolved through economic integration.
Way forward
More than 65 countries- nearly every country in Asia (except few like Bhutan, Japan), East and Central Europe have joined BRI
BRI is particularly significant in times of rising protectionism across the world.
The success of BRI largely depends on how China manages its debt since 23 countries that joined BRI are in debt distress.
More importantly, the regional cooperation and political stability in countries along BRI is crucial for BRI’s success
Practice questions
Give a brief account of Belt and Road initiative and its significance for China vis-à-vis India. Also, identify the key challenges in the implementation of BRI.
Do you think that it is in the best interest for India to join the Belt and Road initiative? Critically analyse.
AYUSHMAN BHARAT – NATIONAL HEALTH PROTECTION MISSION
What is Ayushman Bharat Scheme?
The Government announced two major initiatives in health sector, as part of Ayushman Bharat programme.
Health and Wellness Centre
National Health Protection Scheme
Aimed at making path breaking interventions to address healthcare problems holistically, in primary, secondary and tertiary care systems.
Covers both prevention and promotion of health.
Need for Ayushman Bharat
India is in a state of health transition.
Infectious diseases such as tuberculosis, malaria, dengue, H1N1 pandemic influenza and antimicrobial resistance are a threat.
Also the country is facing the emerging problem of chronic non-communicable diseases such as cardiovascular diseases, diabetes, cancer which are now the leading cause of mortality.
New factors are emerging that threatens the country’s health security like ageing population, climate change, globalization, urbanization and changing lifestyles.
We lag behind in addressing healthcare delivery across the length and breadth of the country.
We have one of the highest levels of out-of-pocket spending on health.
Average cost of treatment in private hospitals is 4 times higher than that of public. This pushes many people below poverty line.
Funding for healthcare has been a major concern.
Several states have implemented or supplemented their own health protection schemes. Ayushman Bharat programme builds on these schemes.
Failure of Rashtriya Swasthya Bima Yojana (RSBY).
RSBY
Poor families get an annual coverage of Rs. 30,000.
It was world’s largest publicly-funded health insurance (PFHI) scheme.
RSBY will be subsumed under National Health Protection Scheme.
Similarly, Senior Citizen Health Insurance Scheme (SCHIS) will also be subsumed under NHPS.
Why RSBY failed?
Failed to cover a large number of targeted families.
Prevalent discrimination against disadvantaged groups.
Lack of mandate on insurance companies to achieve higher enrolment rates.
Absence of oversight by government agencies.
RSBY resulted in higher out-of-pocket expenditures.
This caused the failure of the scheme despite its holistic health care coverage.
Health and Wellness Centre
Health and Wellness Centres will be the foundation of country’s health system.
1.5 lakh centres will bring health care system closer to the homes of people.
Will provide comprehensive health care, including for non-communicable diseases and maternal and child health services.
Will also provide free essential drugs and diagnostic services.
Also provide mental health services, vaccinations against selected communicable diseases, and screening for hypertension, diabetes, and some cancers.
Allocation of Rs. 1200 crore for this flagship programme.
Contribution of private sector through CSR and philanthropic institutions in adopting these centres is also envisaged.
National Health Protection Scheme
National Health Protection Scheme will cover over 10 crore poor and vulnerable families or around 50 crore people.
Will provide coverage upto 5 lakh rupees per family per year for secondary and tertiary care hospitalization.
Identification of eligible families through the socio-economic caste census (SECC) data.
World’s largest government funded health care programme.
National Health Agency will govern the implementing mechanism.
Adequate funds will be provided for smooth implementation of this programme.
Cost of packages will be decided by National Health Agency.
Significance of Ayushman Bharat
Move towards the goal of universal health coverage
Creating Swasth Bharat.
Accessible healthcare at secondary and tertiary level institutions for the bottom 40% of the population.
High involvement of states as the states are the custodians and the implementers of the scheme.
Ensures enhanced productivity, well being and avert wage loss and impoverishment.
Generation of lakhs of jobs, particularly for women.
Like Jan Dhan scheme did for financial inclusion, Ayushman Bharat will create huge awareness of health insurance
A higher life expectancy.
The country will meet its social development goals.
With respect to infrastructure and trained medical professionals, tertiary healthcare faces a big challenge. This problem is more acute in rural areas. AB will address this challenge.
Will improve access to healthcare and bridge the demand-supply gap.
Challenges for Ayushman Bharat
Inadequate funding.
Proper and transparent implementation on such a large scale.
Limited and uneven distribution of human resources at various levels of health services.
Presently, a lack of capacity to respond to huge demand for beds. This will take some time.
Private players faced various hurdles in earlier schemes like RSBY.
There was opaque procedure for empanelment and cost fixating mechanisms.
Huge delays in reimbursement to private hospitals was also a challenge in RSBY.
At the same time, the pricing mechanism of private players needs to be checked.
Politics of parties will hinder the participation of states.
Way Forward
Categorise hospitals into Entry level, Progressive level and Accreditation level. This will help in standardisation in clinical practices.
Use of technology and digitisation for accessible and affordable patient care to the last mile of the country.
Need for proper medical claims system and fraud control mechanisms.
Effective collaboration between centre, states and industry.
States should have some flexibility as costs could vary in tier 1 cities and tier 2 cities.
Proper monitoring and governance of operational and implementation aspect of AB.
Timely resolution of complaints.
Practice Questions
Discuss the features of Ayushman Bharat programme and examine how Ayushman Bharat is different from Rashtriya Swasthya Bima Yojana.
Critically examine the significances of and challenges in the implementation of Ayushman Bharat Programme.
In February 2018, India had joined the Ashgabat Agreement.
What is Ashgabat Agreement?
The Ashgabat agreement is a multimodal transport agreement that envisages the creation of an International Transport and Transit Corridor connecting Central Asia with the Persian Gulf. The corridor being multimodal will consist of road, rail and sea transport.
Significance for India
Easing of trade barriers and simplifying procedures for movement of goods between signatory states.
Connectivity to the Central Asian Region
Due to the lack of direct land connectivity, India’s bilateral trade with Central Asia has taken a hit – the trade stands at meagre USD 1 Bn approx. The agreement can address this and will help India diversify its trade market and also its trade basket.
It will make it easier for India to tap the strategic and high-value minerals in Central Asia including uranium, copper coking coal, etc which will give a boost to India’s manufacturing economy.
These countries are located strategically and act as a junction point between India and Eurasia. Thus, connectivity to this region will also facilitate India’s trade relation with other Eurasian countries.
Link with Iran
Iran is India’s gateway to Eurasia, and thus an important link in the International North South Transport Corridor (INSTC).
India has also planned to construct a railway between Chabahar to Zahedan. Now, India is considering an enhanced role for Chabahar port by integrating it with INSTC and the proposed transit corridor under Ashgabat Agreement.
With respect to International North South Transport Corridor (INSTC)
The Iran-Turkmenistan-Kazakhstan (ITK) railway line which became operational in 2014 and is included as part of INSTC will also be the major route under the Ashgabat Agreement. Therefore, the Ashgabat Agreement will be easily synchronized with other ambitious infrastructure initiatives of India in the region.
Connectivity to Eurasia
For Eurasia, container transport plays a significant role. And for India to join the competitive situation in the Euro-Asian transit system, active participation in transportation projects like this is essential.
Connectivity to Commonwealth of Independent States (CIS)
CIS had a share of mere 0.91% in India’s exports and 2% in its imports during 2015-16, with Russia being the most important trading partner accounting for about 65 percent of India’s trade with the CIS.
This agreement will help in expanding India’s connectivity options with CIS region at large thus opening up new markets for India’s trade.
India’s accession to Ashgabat Agreement will further pave the way for the integration process under the Eurasian Economic Union (EAEU) and Shanghai Cooperation Organization (SCO).
Conclusion
The Ashgabat agreement will help in securing India’s energy needs as well, by diversifying import market. However, India need not be limited to increasing trade and commerce but should aim to enhance investment and services, interlinking sources of raw material, centres of productions and markets between India and the Eurasian region at large.
Expected Questions
Discuss the reasons behind India joining the Ashgabat Agreement recently?
What is Ashgabat Agreement? Mention its strategic and economic significances for India?
The court admitted a petition to drop adultery as a criminal offence from the statute book
Section 497 of the IPC
Section 497 of the IPC mandates that “Whoever has sexual intercourse with a person who is and whom he knows or has reason to believe to be the wife of another man, without the consent or connivance of that man, such sexual intercourse not amounting the offence of rape, is guilty of the offence of adultery and shall be punished.
Application of Section 497 (example)
X (Male) and Y (Female) have been married for nine years. They both are professionals and lead a seemingly happy life. In the 5th year of their marriage, Y falls in love with her colleague Z (Male). X finds out about this affair and collects evidence of this. When he has enough evidence, he files a case of adultery under the relevant IPC provision.
In India, under the existing provisions, women cannot be prosecuted for adultery. So in the case mentioned above, Y’s husband can press charges of adultery on Z, who can get jail time of up to 5 years, but the same is not applicable for Y. This could, however, change, with the Supreme Court agreeing to revisit the provision.
In this case, both Y and Z are culpable of committing adultery. However, the law does not look at both parties in an adulterous relationship in the same light
What would the court examine?
The court would examine two aspects of the penal provision
Why does Section 497 treat the man as the adulterer and the married woman as a victim
The offence of adultery ceases the moment it is established that the husband connived or consented to the adulterous act. So, is a married woman the “property” of her husband or a passive object without a mind of her own?
Court’s initial observation
SC has noted that in a case of adultery, one person is liable for the offense but the other is absolved and that the concept of gender neutrality, on which criminal law normally proceeds, is absent
The court has also noted that once the consent or connivance of the husband is established, there is no offense of adultery at all
SC described this as subordination of a woman and something that “creates a dent on the independent identity of a woman”
Past judgments of SC
The apex court had earlier on three separate occasions, in 1954, 1985 and 1988, upheld the constitutionality of Section 497
In the past, the Supreme Court has emphasized that a married woman is a “victim” and the man is “the author of the crime”
It has treated the exemption given to women as a special provision that has the protection of Article 15(3)
It has rejected the argument that it is discriminatory by pointing out that neither a man nor a woman can prosecute their disloyal spouses
It is only the ‘outsider’ to the matrimonial relationship who can be prosecuted, and that too by the aggrieved husband alone
This is made clear in Section 198(2) of the Code of Criminal Procedure, a provision also under challenge
Why section 497 needs to be scrapped?
1.International scenario:
Many countries across the world do not treat adultery as an offense any longer
In 2012, a United Nations Working Group on laws that discriminate against women wanted countries that treat adultery as a crime, to repeal such laws.
UK has abolished adultery laws
2.Violation of Constitutional principles
The Constitution confers equal status to a man and a woman
It amounts to a violation of a women’s fundamental right against discrimination under Article 15 when the law “assumes a patronising attitude to women.”
3.Not in consonance with changing Social Conditions
Today both women and men move shoulder to shoulder with each other. Also, today Polygamy is not prevalent in Indian society. So, any biasness in the law towards any gender is like not evolving the law with the ever-changing society.
4.Promotes subordination of women
The section encourages the notion of treating wife as a commodity under the subjugation of husband. It harms the individual independent identity of women whose prosecution depends on husband’s consent.
5.Law discriminates against men
When sexual intercourse takes place with the consent of both parties, there is no good reason to exclude the wife and prosecute only her adulterer. Thus, Section burdens man alone for the offence and grants immunity to wife by treating her as a victim according to prevalent social norms.
Conclusion
No marriage or alliance can take away one’s right over one’s own body. Therefore, while the law on adultery as it is today in the IPC is discriminatory on the ground of sex; the very existence of adultery in the criminal statute is violative of the fundamental right to life and to live with dignity. No doubt that the law, as it stands, is inadequate.
