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  • Why simultaneous elections would militate against federalism

    What’s the news?

    • The next Lok Sabha election is scheduled to be held before June 16, 2024. Should the concept of simultaneous elections be realized and implemented, it would necessitate the shortening of the terms of legislative assemblies across many states. This alignment could potentially require term extensions or curtailments in 2029.

    Central idea

    • The recent move by the Union government to establish a committee to explore the feasibility of conducting simultaneous elections to various tiers of governance in India has sparked a significant debate. While the idea of simultaneous elections promises cost savings, it also raises crucial questions about its impact on the federal structure of Indian democracy and the unique roles of different governance tiers.

    The Specificity of Governance Tiers

    • India’s governance structure involves multiple tiers, each with distinct roles and responsibilities.
    • Representatives in Indian Governance Tiers:
    • Lok Sabha Representatives: 543
    • Assembly Legislators: Over 4,100
    • Urban Local Ward Representatives: 89,194
    • Elected Panchayat Representatives: Nearly 31.89 lakh (across village panchayats, panchayat unions, and district panchayats)

    The cost-saving argument for simultaneous elections

    • Cost Parity: The 2018 Law Commission report claims that the expenses for Lok Sabha and Assembly elections in any state are approximately equal, forming the basis for the cost-saving argument.
    • Reduced Duplication: Simultaneous elections aim to reduce duplication of administrative efforts, such as voter registration, setting up polling booths, and deploying security personnel, which can lead to cost savings by optimizing resource utilization.
    • Efficient Resource Allocation: Holding elections together allows for more efficient allocation of resources like electoral staff, transportation, and security, as they can be shared across different levels of elections.
    • Streamlined Campaigns: Political parties and candidates can potentially save on campaign costs when elections are synchronized, as they need to conduct campaigns once for multiple levels of government rather than separately.
    • Economies of Scale: The argument posits that simultaneous elections could leverage economies of scale, leading to cost savings across various aspects of the electoral process.

    Implications for Federalism

    • Subsuming Governance Tiers: Simultaneous elections could lead to various governance tiers’ issues being bundled into a single electoral mandate. This might require voters to prioritize a wide range of concerns within a single election, potentially blurring the roles and responsibilities of each governance tier.
    • Federalism Undermined: Such subsumption has the potential to undermine the principles of federalism in India, which involve a clear division of powers between central and state governments, each addressing specific issues.
    • Distinct Roles of Tiers: Federalism recognizes that local issues are best addressed locally, while national issues are the central government’s domain. Simultaneous elections may blur these distinctions, forcing voters to prioritize certain issues due to the single-mandate nature of the elections.
    • Local Autonomy: Local self-governance through municipalities and panchayats could face challenges as simultaneous elections combine local and national issues. This may dilute the focus on local governance.
    • Unique Needs Ignored: India’s governance structure is designed to address the unique needs of citizens at different levels. For instance, local concerns like garbage management are meant to be handled locally. Simultaneous elections might not allow voters to adequately prioritize such local concerns.

    Way forward

    • In-Depth Federalism Assessment: Prioritize a comprehensive assessment of the federal aspects of Indian democracy before proceeding with simultaneous elections. This assessment should analyze the potential impact on federalism, the distinct roles of governance tiers, and the preservation of local autonomy.
    • Transparent Public Discourse: Encourage transparent public discourse and awareness campaigns to ensure that citizens are well-informed about the implications of simultaneous elections. Engage with citizens, experts, and political parties to gather diverse perspectives and concerns.
    • Consultation with State Governments: Conduct extensive consultations with state governments and political parties to understand how simultaneous elections may affect state autonomy and governance. Address the concerns and feedback of state-level stakeholders.
    • Pilot Projects: Consider implementing simultaneous elections on a trial basis in select regions or states to assess the practical challenges and benefits. Pilot projects can provide valuable insights into the feasibility and impact of such a significant electoral reform.
    • Legal and Constitutional Framework: Develop a robust legal and constitutional framework that explicitly accommodates the principles of federalism and the unique roles of different governance tiers. Ensure that the framework safeguards the autonomy of local bodies and addresses the specific needs of each governance level.

    Conclusion

    • While the idea of simultaneous elections in India offers the promise of cost savings, it should be approached with careful consideration of its impact on federalism and the specificity of governance tiers. The committee, led by former President Ramnath Kovind, must conduct a thorough analysis of these federal aspects to ensure that the essence of Indian democracy, with its multifaceted governance structure, is preserved and enhanced.

    Also Read:

    Govt forms committee on simultaneous elections: What is the idea, and the arguments around it?

  • Vidya Samiksha Kendras (VSKs) for Education Data Management

    Vidya Samiksha Kendras (VSKs)

    Central Idea

    • Under the National Digital Education Architecture (NDEAR), the Ministry of Education is spearheading the establishment of Vidya Samiksha Kendras (VSKs) across Indian states.

    What are Vidya Samiksha Kendras (VSKs)?

    • VSKs are data repositories designed to consolidate information from various educational schemes and initiatives run by the Ministry of Education.
    • These repositories aim to streamline data management, promote data analysis, and enhance decision-making in the education sector.

    Key Components of VSKs:

    1. Comprehensive Data: VSKs will aggregate data from diverse educational programs, including:
      • PM-POSHAN mid-day meal programs
      • Teacher training records from the National Initiative for School Heads’ and Teachers’ Holistic Advancement portal
      • Textbook content from Digital Infrastructure for Knowledge Sharing
      • School dropout and attendance data via Unified District Information System for Education (UDISE+)
      • Students’ learning outcomes from National Achievement Survey
      • Performance Grading Index evaluating state-level school education systems.
    2. Central and State-Level Centers: At the central level, VSK operations are housed in the Central Institute of Educational Technology building within the National Council for Educational Research and Training (NCERT) campus. Ernst and Young, a multinational IT company, manages these operations.
    3. Advisory Role: The EkStep Foundation, a non-profit organization co-founded by Nandan Nilekani, former Chairman of the Unique Identification Authority of India (UIDAI), provides advisory support for the VSK project’s implementation.
    4. Transition to Automation: While data entry currently relies on manual processes and is available for download in Excel format, there are plans to transition to automation through Application Programming Interface (API) integration. This shift will enable seamless communication and data integration between multiple platforms at the central, state, and district levels.

    State-Level Initiatives

    • Funding Allocation: The central government has allocated funds ranging from ₹2 to ₹5 crore to each state for the establishment of VSKs. These funds cover pre-configured open-source hardware and software, as well as human resources.
    • States in Action: States like Gujarat, Maharashtra, Odisha, and Jharkhand have already initiated the setup of these technological platforms.

    Benefits of VSKs:

    • Data Correlation and Analysis: The primary objective of VSKs is to enable data analytics through correlation. With vast data from numerous educational schemes, VSKs seek to derive meaningful insights by connecting various data points.
    • Example Scenarios:
      • Attendance Patterns: Analyzing attendance data alongside student dropout rates to identify potential correlations.
      • Mid-Day Meals Impact: Investigating whether consistent mid-day meal provision in certain regions leads to increased school attendance.
      • Student Improvement Tracking: Monitoring students’ progress over time using data from weekly tests to tailor educational support.
    • Gross Access Ratio Mapping: VSKs will facilitate mapping the location of schools with population data to assess the Gross Access Ratio. This information can guide the establishment of new schools, support industry clusters in understanding skilling needs, and assist in higher education planning based on demand and future projections.

  • Orphan Diseases in India

    Central Idea

    • Health discussions often revolve around common ailments, such as diabetes, which affect a significant portion of the population.
    • However, amidst these well-known health issues, there are numerous rare/ orphan diseases that, though infrequent, can have devastating consequences for patients and their families.

    What are Orphan Diseases?

    • Rare diseases, often referred to as orphan diseases, are characterized by a low prevalence rate, typically affecting one person in a population of 10,000.

    Challenges Posed

    • Difficulty in Diagnosis: Rare diseases are challenging to diagnose, particularly for young medical practitioners who may have limited exposure to such cases. The rarity of these conditions means that many healthcare professionals may not have encountered them during their training.
    • Lack of Research: Limited prevalence has historically resulted in insufficient research efforts. With fewer cases to study, there has been a lack of scientific understanding and effective treatments for many rare diseases.
    • High Treatment Costs: While advances in medical research have led to the development of therapies for some rare diseases, the costs associated with these treatments are often exorbitant. From an Indian perspective, these costs can range from Rs. 1 million to Rs. 20 million per year, making them unaffordable for many.

    Initiatives and Progress in India

    • Increasing Awareness: Greater awareness of rare diseases and advancements in genomic technologies for diagnosis have begun to address these challenges. As awareness spreads, more cases are being identified and correctly diagnosed.
    • Regulatory Incentives: Several countries, including India, have introduced regulatory incentives to encourage pharmaceutical companies to invest in research and development for neglected diseases. This has led to increased interest in orphan drugs.
    • Patient-Driven Initiatives: Patient groups and organizations in India are actively contributing to rare disease research and treatment. One notable example is the Dystrophy Annihilation Research Trust (DART), which is conducting clinical trials for Duchenne’s muscular dystrophy.
    • Government Initiatives: The government’s National Policy for Treatment of Rare Diseases is gradually making an impact. It aims to address rare diseases prevalent in India, such as cystic fibrosis, hemophilia, lysosomal storage disorders, and sickle-cell anaemia.

    Lessons from Leprosy

    • Incidence Reduction: Leprosy, once prevalent in India, is now considered a rare disease due to successful efforts in reducing its incidence.
    • Research Benefits: Research on orphan diseases like leprosy can yield broader societal benefits. For instance, studies on synthetic antibiotics have shown a potential to curb the spread of leprosy to household relatives.
    • Government Goals: Research findings may contribute to achieving the government’s objective of making India leprosy-free by 2027.

    Conclusion

    • Rare diseases present unique healthcare challenges that have long been neglected.
    • However, recent progress in diagnosis, research, and patient-driven initiatives is gradually improving the landscape for rare disease patients in India.
    • As awareness grows and regulatory support continues, there is hope for enhanced diagnosis, treatment options, and affordability, ultimately improving the lives of those affected by these conditions.

  • Bharatiya Nyaya Sanhita (BNS), 2023 on False Promise of Marriage

    Central Idea

    • The proposed Bharatiya Nyaya Sanhita (BNS), 2023, seeks to address a specific issue concerning sexual relationships based on false promises of marriage.
    • Section 69 of this Bill introduces significant changes in this regard.

    Section 69 of BNS – Sexual Intercourse on False Promise of Marriage

    • Creation of Two Offenses: Section 69 within Chapter 5 of the BNS, titled “Offences against Women and Children,” defines ‘sexual intercourse by employing deceitful means etc.’ and includes two violations: one by deceitful means and one by a ‘false promise to marry.’
    • Deceitful Means: The first violation involves employing deceitful means, such as a false promise of employment, promotion, or marriage, with the intent to induce sexual relations. If a person uses such means, they could face penalties of up to ten years of imprisonment.
    • False Promise to Marry: The second violation pertains to making a false promise to marry a woman with the intention of breaking that promise, solely to obtain her consent and exploit her sexually. This offense is also subject to a penalty of up to ten years of imprisonment.

    Why Section 69 Is Introduced?

    • Historical Context: In the absence of a specific provision, cases of sexual intercourse based on false promises of marriage were previously addressed using other sections of criminal law, causing ambiguity.
    • Prevalence of Cases: Cases of sex under the “false promise of marriage” had been reported frequently, with victims often unable to seek legal remedy effectively.
    • Legal Ambiguity: The existing legal framework did not clearly distinguish between a ‘false promise’ and a ‘breach’ of promise to marry, creating complications in determining consent and intention.

    Courts’ Handling of ‘False Promise of Marriage’ Cases

    • Judicial Interpretation: Courts had traditionally relied on existing laws like Sections 375 and 90 of the Indian Penal Code (IPC) to address such cases.
    • Consent Examination: Section 375 defines consent as an unequivocal voluntary agreement, and Section 90 considers consent given under “misconception of fact.” Courts examined cases based on these provisions.
    • Distinguishing Factors: Courts differentiated between a ‘false promise’ made with the intent to deceive and a ‘breach’ of promise made in good faith but not fulfilled.
    • Crucial Judgments: The Supreme Court’s judgment in ‘Pramod Suryabhan Pawar vs. State of Maharashtra’ (2019) highlighted the importance of the promise-maker’s intent to deceive. Another significant case, ‘Dileep Singh vs. State of Bihar,’ underscored the need for establishing a lack of intention to marry for the offense to be considered rape.

    Implications and Critiques of Section 69

    • Endogamy Promotion: Critics argue that Section 69 may promote endogamy by shifting the focus from real harm and abuse to whether the man intended to marry, disregarding the complex social context in which such relationships occur.
    • Ambiguity and Discretion: The Bill’s vagueness and discretionary nature could perpetuate uncertainty and reliance on gender norms, potentially re-victimizing women.
    • Cycle of Consequences: While the Bill specifies the consequences of the crime, it may overlook the harm suffered by women, contributing to a cycle where justice remains elusive.

    Conclusion

    • Section 69 of the proposed BNS, 2023, addresses a crucial issue related to sexual relationships based on false promises of marriage.
    • However, the Bill’s implementation and interpretation will require careful scrutiny to ensure justice is served without perpetuating harmful gender norms or social biases, as indicated by crucial judgments in relevant cases.

  • India-Middle East-Europe Economic Corridor

    economic corridor

    Central Idea

    • PM’s recent announcement at the G20 Leaders’ Summit regarding the India-Middle East-Europe Economic Corridor signifies an ambitious project aimed at enhancing physical and digital connectivity across a vast expanse of the Eurasian subcontinent.

    India-Middle East-Europe Economic Corridor

    • The India-Middle East-Europe Economic Corridor aims to establish connectivity across India, West Asia, and Europe, leveraging railway networks and shipping routes.
    • The project was jointly unveiled by PM Modi, US President Biden, Saudi Arabia’s Crown Prince Mohammed bin Salman Al Saud, and European Commission President Ursula von der Leyen during the G20 Summit in New Delhi.

    Key Highlights of the project

    • Scope and Ideology: This initiative, championed by the US and India, encompasses connectivity and infrastructure spanning India, Saudi Arabia, the UAE, Jordan, Israel, and the European Union. It is hailed as a sustainable alternative to existing global connectivity initiatives.
    • Extension to PGII: Additionally, it is part of the broader Partnership for Global Infrastructure Investment (PGII), introduced by G7 countries to provide a sustainable alternative to BRI and address global infrastructure needs.
    • Congestion Mitigation: The corridor may potentially bypass the congested Suez Canal, offering a more efficient route for cargo ships.
    • Trade and Economic Integration: The Memorandum of Understanding (MoU) signed by India, the US, UAE, Saudi Arabia, France, Germany, Italy, and the European Union Commission underscores the project’s commitment to enhancing connectivity, logistics, clean energy production, and economic cooperation.
    • Historical Significance: European Commission chief Ursula von der Leyen described the corridor as “historic” and expressed enthusiasm about its potential.

    Need for such project

    • Transformative Infrastructure: The project envisions a railway line across the Arabian Peninsula, with rail and shipping connectivity between India and Europe. Future expansions could include energy pipelines and optical fiber links.
    • Geopolitical Shifts: This initiative reflects emerging geopolitical trends, including India-US collaboration in the Middle East, breaking Pakistan’s veto, and evolving relations with Iran.
    • Deepening Arabian Engagement: The corridor provides an opportunity to strengthen India’s strategic ties with the Arabian Peninsula, notably with the United Arab Emirates and Saudi Arabia.
    • Historical Perspective: India’s historical role as a connector between Arabia and Europe is revitalized through this project.
    • Promoting Intra-regional Connectivity: The corridor aims to reduce tensions in the Arabian peninsula by fostering intra-regional connectivity, contributing to the concept of “Infrastructure for peace.”
    • Alternative to BRI: Positioned as an alternative to China’s BRI, the corridor’s success will depend on implementation speed and sustainability, both financial and ecological.
    • European Engagement: European Union’s involvement in the project makes it a major stakeholder, enhancing India’s integration with Arabia and Europe.
    • Trans-African Corridor: India’s growing engagement with Africa aligns with US and EU plans to create a Trans-African corridor, opening avenues for future collaboration.

    Challenges and Uncertainties

    • Official timelines for project completion and details regarding funding remain undisclosed.
    • Clarity on the project’s alignment and the use of existing railway and port infrastructure in West Asia is awaited.

    Global Implications

    • The initiative aligns with US-led efforts to scale the Partnership for Global Infrastructure Investment (PGII) and address infrastructure financing needs in low- and middle-income countries.
    • The project presents an alternative to China’s Belt and Road Initiative and could significantly strengthen connectivity between India and the Middle East.

  • Interim Stay on Taxation of Online Games

    Central Idea

    • The Supreme Court has issued an interim stay on the Karnataka High Court’s ruling that online games, such as rummy, should not be taxed as ‘betting’ and ‘gambling’ under the Central Goods and Services (GST) Act, 2017.
    • This decision follows the Union Cabinet’s approval to increase the GST rate for online games from 18% to 28%.
    • The interim stay aligns online skill games played for stakes with online gambling for taxation purposes.

    Why discuss this?

    • The GST department had issued a show-cause notice to a company for dues worth Rs 21,000 crore, which was quashed by the Karnataka High Court.
    • The Karnataka HC had ruled that online rummy is a game of skill and should not be taxed as gambling.

    Taxing Online Games

    • Karnataka High Court Ruling: The Karnataka HC had determined that online rummy is substantially a game of skill, not chance, and should not be considered gambling. This ruling was based on the Goods and Services Act, which taxes games of skill at 19% and games of chance at 28%.
    • GST Department’s Notice: The GST department had issued a notice to GamesKraft under Section 74(5) of the CGST Act, demanding a substantial sum to be deposited along with interest and penalty by September 16, 2022. This notice was challenged in the Karnataka HC and led to an interim stay.
    • Show-Cause Notice: Following the interim stay, the GST department issued a show-cause notice under Section 74(1) of the CGST Act to GamesKraft and its founders, CEOs, and CFOs. This notice sought an explanation regarding the tax evasion and penalties.
    • Distinction between Skill and Chance: The Karnataka HC emphasized the distinction between games of skill and games of chance, citing relevant legal precedents. It noted that the question of whether a game of skill could still be classified as gambling remained to be seen.

    Key takeaways

    • The Supreme Court’s interim stay temporarily taxes online skill games played for stakes on par with online gambling.
    • The Karnataka High Court’s ruling that online rummy is a game of skill and not gambling has been challenged by the GST department.
    • Legal distinctions between games of skill and games of chance remain a subject of debate and legal scrutiny in India’s taxation system.

    Prospects of online gaming

    • State List Subject:  The state legislators are, vide Entry No. 34 of List II (State List) of the Seventh Schedule, given exclusive power to make laws relating to betting and gambling.
    • Distinction in laws: Most Indian states regulate gaming on the basis of a distinction in law between ‘games of skill’ and ‘games of chance’.
    • Classification of the dominant element: As such, a ‘dominant element’ test is utilized to determine whether chance or skill is the dominating element in determining the result of the game.
    • Linked economic activity: Staking money or property on the outcome of a ‘game of chance’ is prohibited and subjects the guilty parties to criminal sanctions.
    • ‘Game of Skill’ debate: Placing any stakes on the outcome of a ‘game of skill’ is not illegal per se and may be permissible. It is important to note that the Supreme Court recognized that no game is purely a ‘game of skill’ and almost all games have an element of chance.

    Conclusion

    • This case reflects the need for a nuanced approach in crafting tax policies that adapt to the evolving landscape of online entertainment and gaming.
    • Further legal proceedings will likely shed more light on the classification of such games and their tax implications.

  • G-20 Summit clinches New Delhi Declaration

    new delhi declaration

    Central Idea

    • At the G20 Summit in New Delhi, leaders from member countries reached a consensus and adopted the New Delhi Declaration.
    • This declaration outlines significant commitments and agreements on various global issues.

    Here are the key points from the G20 New Delhi Leaders’ Declaration:

    [1] War in Ukraine

    • Peaceful Resolution: The G20 countries emphasize the importance of peace and call on all states to uphold the principles of international law, including territorial integrity and sovereignty.
    • Humanitarian Concerns: The declaration expresses deep concern about the human suffering and adverse impacts of wars and conflicts worldwide, specifically addressing the war in Ukraine.
    • UN Charter Principles: It emphasizes that all states must act in accordance with the Purposes and Principles of the UN Charter, refraining from the threat or use of force to seek territorial acquisition.
    • Nuclear Disarmament: The use or threat of use of nuclear weapons is deemed inadmissible.

    [2] Countering Terrorism and Money Laundering

    • Condemnation of Terrorism: The G20 condemns terrorism in all its forms, including those rooted in xenophobia, racism, and intolerance or carried out in the name of religion.
    • Holistic Approach: A holistic approach based on international law is advocated to effectively counter terrorism, with an emphasis on strengthening international cooperation to deny terrorist groups safe haven, freedom of operations, and financial support.
    • Illicit Trafficking: Concerns about illicit trafficking and diversion of small arms and light weapons are addressed, with an emphasis on international cooperation among states to combat these phenomena.
    • Financial Action Task Force (FATF): The G20 leaders commit to supporting the resource needs of the FATF and FATF Style Regional Bodies to combat money laundering and terrorist financing.

    [3] Economy & Climate

    • Sustainable Growth: G20 leaders call for strong, sustainable, and inclusive growth in response to the uneven recovery from the pandemic.
    • Climate Action: Trillions of dollars will be required for countries to meet their climate goals and invest in clean energy technologies.
    • Reforming Financial Institutions: Reforms of international financial institutions are urged, along with efforts to manage debt vulnerabilities in low and middle-income countries.
    • Crypto Asset Taxation: The exchange of tax-relevant information on crypto assets is set to begin by 2027.
    • Energy Transition: The declaration calls for accelerated efforts to phase down unabated coal power and eliminate inefficient fossil fuel subsidies.
    • Financial Stability: Emphasis is placed on the need for well-calibrated monetary, fiscal, financial, and structural policies to promote growth, reduce inequalities, and maintain macroeconomic and financial stability.

    [4] Global Growth

    • Policy Coordination: The G20 leaders reiterate the need for well-calibrated monetary, fiscal, financial, and structural policies to promote growth, reduce inequalities, and maintain macroeconomic and financial stability.
    • Central Banks Commitment: They also stress that central banks remain committed to achieving price stability in line with their respective mandates.
    • Financial Stability Board (FSB): Initiatives by the FSB, Standard Setting Bodies (SSBs), and jurisdictions to examine lessons from recent banking turbulence are welcomed.

    [5] Multilateral Development Banks

    • Enhancing MDBs: G20 leaders emphasize the importance of delivering better, bigger, and more effective multilateral development banks (MDBs).
    • Leveraging Private Capital: Financial institutions are encouraged to leverage private capital through innovative financing models and partnerships for maximum development impact.
    • Capital Adequacy Frameworks (CAFs): The roadmap for implementing the recommendations of the G20 Independent Review of MDBs CAFs is endorsed.

    [6] Cross-border Payments

    • Payment Improvements: The G20 reaffirms its commitment to achieving global targets for faster, cheaper, and more transparent cross-border payments by 2027.
    • CBDC Discussion: Discussions on the potential macro-financial implications of Central Bank Digital Currencies (CBDCs) are welcomed, especially concerning cross-border payments and the international monetary and financial system.

    [7] Education

    • Digital Education: The G20 recognizes the importance of investing in human capital development and supporting digital technologies to bridge educational divides.
    • Scientific Collaboration: The promotion of open, equitable, and secure scientific collaboration and mobility of students, scholars, researchers, and scientists is encouraged.
    • Inclusive Education: Emphasis is placed on inclusive, equitable, high-quality education and skills training, with foundational learning as a primary building block.

    [8] Agriculture

    • Trade Facilitation: Rising commodity prices contributing to cost of living pressures are addressed.
    • Rules-Based Trade: The G20 leaders commit to facilitating open, fair, predictable, and rules-based trade in agriculture, food, and fertilizers, in line with relevant WTO rules.
    • Food Security: Support for developing countries’ efforts to address food security challenges is emphasized, aligning with the G20 Deccan High-Level Principles on Food Security and Nutrition 2023.

    [9] Religion

    • Religious Tolerance: The G20 strongly condemns acts of religious hatred against individuals, religious symbols, and holy books.
    • Cultural Diversity: Emphasis is placed on promoting respect for religious and cultural diversity, dialogue, and tolerance.
    • Rights Interdependence: The interdependence of freedom of religion or belief, freedom of opinion or expression, peaceful assembly, and freedom of association is recognized as a means to combat intolerance and discrimination based on religion or belief.

    [10] Corruption

    • Zero Tolerance: The G20 reaffirms its commitment to zero tolerance for corruption.
    • International Cooperation: Strengthening international cooperation and information sharing for combating corruption is urged.
    • Asset Recovery: The joint Declaration also called for strengthening asset recovery mechanisms for combating corruption.

    Conclusion

    • In essence, the New Delhi Declaration serves as a testament to the collaborative efforts of G20 member countries in addressing global challenges and striving for a more prosperous, peaceful, and sustainable world.

  • How India made G20 a forum for developing countries

    Central idea

    • The G20 summit attracted attention as it started with a clear consensus to invite the African Union (AU) as its member. India’s initiative to include African Union in G20 was unanimously accepted. This was a unique reordering of the global high table.

    India’s efforts for inclusion of the African Union

    • India’s big bet: Of the AU’s 55 members, 54 are in the United Nations. Only one African country, South Africa, has been an original member of the G20. No presidency has ever risked amending the membership for fear of competing rivalries.
    • Global platform for Africa: It has been India’s case that not only must the G20 reflect the priorities of the Global South but must also include those who are underrepresented, particularly from Africa.
    • Inviting major African countries: The AU has double the number of countries as the EU. The AU has been invited to G20 meetings, and some presidencies have held African outreach events in a manner of telling them what is good for them. It is India that has actually taken the initiative of talking with them rather than at them.

    Importance of AU

    • Africa as the road to the global south: India aspires to bring the global south to the center of the G20 agenda. The elevation of the AU is courageous; no presidency has attempted to alter the composition for fear of claims from other regional organizations.
    • Branding itself using Africa: The AU fits in with the rebranding of the G20 that India undertook. This is India’s harambee (Swahili word for co-operation) factor—the spirit of developmental cooperation in action.
    • AU as a voiceless block: The AU is the largest of regional institutions and the one with a limited voice in most international fora, despite having 54 votes in the United Nations General Assembly.
    • Partner for India at the High Table: The prospects of Africa getting a permanent seat in the UN Security Council remain distant. What India has achieved, as always, is to provide Africa with a voice at the high table.

    India’s engagement with Arican Nations

    • Nigeria: Inviting Nigeria, particularly at this stage, recognizes it as the largest economy in Africa and a consistent friend of India. This is Nigeria’s biggest outing since President Bola Ahmed Tinubu was elected. Nigeria was qualified to be in the BRICS but perhaps did not pursue it hard enough. Nigeria participated with great enthusiasm, with a number of ministers accompanying their president in advance of the G20 Summit.
    • Egypt: Egypt is another African powerhouse, representing North Africa. It is also the current chair of AU-NEPAD, which is a permanent invitee to the G20. Egypt is a recent strategic partner of India. India backed it to join the BRICs. Egypt brings balance to the presence of South Africa and Nigeria.
    • Mauritius: Mauritius is a close friend of India due to its PIO population, its regular engagement with India, and its strategic location in the Indian Ocean.
    • Comoros: Comoros is another Indian Ocean country representing Eastern Africa. With their participation, India ensured two of the four African countries in the Indian Ocean and most of the regions of Africa were represented, making the G20 better balanced.

    Conclusion

    • The African Union is hot bed for great power rivalry between India and China. Even if India cannot match the deep pockets of Chinese investments in Africa, India has shown that it can deliver on the African Interest at global platform.

  • An overhaul, the criminal law Bills, and the big picture

    What’s the news?

    • The government recently introduced three key penal bills in a bid to reform the justice system.

    Central idea

    • In August, the central government introduced three significant bills in Parliament – Bharatiya Nyaya Sanhita (BNS), 2023, Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, and Bharatiya Sakshya (BS) Bill, 2023 – aiming to replace the long-standing Indian Penal Code, 1860, Code of Criminal Procedure (CrPC), 1973, and Indian Evidence Act, 1872. These changes warrant a careful examination of their potential impact on law enforcement agencies

    Key changes in The Bharatiya Nagarik Suraksha Sanhita (BNSS)

    • Formalizing FIR Registration:
    • The BNSS introduces a provision that mandates the registration of cognizable offenses at any police station, regardless of the location where the offense occurred.
    • This move, commonly known as recording FIR at Zero, promises easier access for complainants and streamlines the registration process.
    • Preliminary Inquiry Dilemma:
    • An added provision allows for a preliminary inquiry in cases involving cognizable offenses punishable with more than three but less than seven years of imprisonment.
    • This differs from the Supreme Court’s stance in Lalita Kumari versus Govt. of Uttar Pradesh (2013), which emphasized immediate FIR registration.
    • Restrictions on Arrest:
    • In cases of offenses punishable with less than three years of imprisonment, the BNSS permits arrests only with the prior permission of the Deputy Superintendent of Police for individuals over 60 or infirm.
    • Handcuffing Guidelines:
    • The BNSS permits handcuffing in specific instances like terrorism, murder, rape, acid attacks, or offenses against the state.
    • However, the enabling section retains the requirement that restraints should only be used as necessary to prevent escape.
    • Hence, the Supreme Court’s guidelines on handcuffing continue to apply.

    At the Scene of the Crime

    • Forensic Evidence Collection:  The BNSS mandates a forensic expert’s visit to the crime scene and the collection of forensic evidence for offenses punishable with over seven years of imprisonment.
    • Use of Audio-Video Means:
    • The BNSS encourages the use of audio-video recording in investigations, including searches.
    • While the recommended use of smartphones has limitations, progress is underway, following the Supreme Court’s directive in Shafhi Mohammad vs. The State Of Himachal Pradesh (2018).
    • Two-Finger Test: Despite the Supreme Court’s ban on the two-finger test in rape cases (Lillu @ Rajesh & Anr vs State Of Haryana, 2013), the BNSS fails to explicitly include this prohibition.
    • Disclosure of Rape Victim’s Identity:  The provision authorizing the disclosure of a minor victim’s identity to their next of kin may be redundant, given the existing Protection of Children from Sexual Offenses Act.

    Duration of Police Custody

    • Extended Police Custody:
    • The BNSS extends the period of police custody beyond the 15-day limit outlined in the CrPC.
    • However, this extension can only occur after the initial 40 or 60 days, depending on the offense’s severity, with the accused still eligible for default bail.
    • Suspicious Deaths and Statements: While the BNSS broadens the scope of judicial inquiries into suspicious deaths, it relaxes the mandatory recording of statements of women and males under 15 or above 60 at their residence based on their willingness.
    • Inquest Enhancements: The BNSS could enhance the inquest process by including provisions for the videography and photography of post-mortems, especially in cases of custodial deaths or deaths in confrontations with authorities.

    Potential Impact

    • Streamlined FIR Registration: The formalized recording FIR at Zero practice may lead to quicker and more efficient FIR registration. Law enforcement agencies could experience reduced paperwork and administrative burdens, allowing them to focus on investigations promptly.
    • Reduced Case Backlog: The provision for preliminary inquiries, while introducing a variation from previous practices, has the potential to reduce the backlog of cases. By addressing non-prima facie cases early or facilitating compromises, law enforcement agencies may clear cases more efficiently.
    • Improved Evidence Collection: Mandating forensic expert visits and forensic evidence collection for serious offenses can enhance the quality of evidence presented in court. Law enforcement agencies may see stronger cases and higher conviction rates.
    • Enhanced Accountability: Encouraging the use of audio-video means in investigations increases transparency and accountability. Law enforcement agencies may benefit from clearer evidence documentation and reduced allegations of misconduct.
    • Modernization through Technology: Embracing audio-video recording and other modern technologies can help law enforcement agencies adapt to contemporary investigative practices. This could lead to more effective and efficient investigations.

    Concerns and Challenges

    • Arrest Protocol: The BNSS retains all existing provisions of the CrPC regarding arrests, failing to incorporate the Supreme Court’s ruling in Arnesh Kumar versus State of Bihar (2014), which stresses the need for justifiable reasons for arrest and recording them formally.
    • Variation in Practice: The introduction of preliminary inquiries may lead to variations in how law enforcement agencies handle cases. Inconsistent practices could pose challenges for standardization and training.
    • Resource Allocation: Implementing forensic evidence collection may require additional resources, including forensic experts and equipment. Law enforcement agencies may need adequate funding and training to meet these demands.
    • Misuse of Powers: Concerns about potential misuse of provisions, such as handcuffing, need to be addressed through proper training and oversight to ensure responsible use of authority.
    • Compliance with Supreme Court Directives: The absence of an explicit ban on the two-finger test in rape cases may raise concerns about compliance with Supreme Court directives. Law enforcement agencies should ensure alignment with established legal standards.
    • Privacy and Victim Protection: Authorizing the disclosure of a minor rape victim’s identity to their next of kin requires sensitivity and strict adherence to privacy and protection provisions. Law enforcement agencies should handle such information with care.

    Way forward

    • Review Preliminary Inquiry Provision: Reevaluate the provision allowing preliminary inquiries to ensure it aligns intelligently with other cognizable cases and stands up to constitutional scrutiny.
    • Implement Arrest Justification: Include the Supreme Court’s Arnesh Kumar vs. State of Bihar (2014) judgment to make it mandatory for police officers to justify arrests with reasons supported by justifiable material.
    • Enhance Forensic Infrastructure: Commit to providing sufficient resources for developing forensic infrastructure, including technology and manpower, to strengthen evidence collection and analysis.
    • Modernize Investigation Techniques: Develop facilities for videography and photography of crime scenes during investigations at the police station level, embracing modern technology for evidence documentation.
    • Ban Two-Finger Test: Explicitly include the ban on the two-finger test in rape cases to ensure compliance with the Supreme Court’s directives and protect the dignity and privacy of survivors.
    • Comprehensive Police Reformation: Recognize the need for comprehensive police reformation, addressing challenges such as understaffing, poor mobility, insufficient training infrastructure, and inadequate housing facilities, to ensure a more effective and accountable law enforcement system.

    Conclusion

    • While some proposed changes in the BNSS demonstrate progress, they do not qualify as groundbreaking or radical. It is crucial to remember that police stations face numerous challenges, including understaffing, limited resources, inadequate training infrastructure, and poor housing facilities. To bring about true reform, a comprehensive approach to police reformation, rather than merely tweaking legal provisions, is necessary.

  • African Union’s Entry into G-20: A Global Diplomatic Shift

    african union

    Central Idea

    • Negotiators confirm the African Union (AU) will join the G-20, mirroring the European Union (EU) as a regional body within the group.
    • India views this development as a significant achievement for the Indian Presidency in advancing the Global South’s interests in the G-20.

    Landmark Diplomatic Shift in G20

    • The AU’s potential entry into the G-20 signals a significant diplomatic shift, expanding the group’s representation and influence.
    • China and Russia, despite differences on other issues, back the AU’s membership, highlighting the broader global dynamics at play.

    What is the African Union?

    • The African Union (AU) is an intergovernmental organization in Africa.
    • It was established in 2002 as a successor to the Organization of African Unity (OAU).
    • It consists of 55 member states in Africa.
    • Its primary objectives include promoting unity, cooperation, and development across the continent.
    • It aims to address social, political, and economic challenges faced by African nations.
    • It promotes peace, security, and stability in Africa.

    History of India-Africa Relations

    (1) Ancient Period:

    • Ancient trade links: Indian merchants traded with the African coast for valuable goods like palm oil, gold, spices, and ivory.
    • Maritime trade network: Trade routes expanded from Egypt to northern Somalia, Punt, Sudan, and Axum, enhancing economic and cultural ties.

    (2) Medieval Era:

    • Indian presence in East Africa: Gujarati and Saurashtrian merchants played a significant role in Africa’s east coast trade, using Indian systems of weights, measures, and currency.
    • Development of internal links: Indian trade contributed to the development of internal connections within Africa, even before European involvement.

    (3) Colonial Period:

    • Impact of European colonialism: Indian presence in Africa changed under European colonial powers.
    • Anti-apartheid struggle: Mahatma Gandhi’s involvement in the anti-apartheid movement in South Africa laid the foundation for India’s solidarity with Africa.
    • Advocacy against apartheid: India actively raised the issue of apartheid in international forums like the UN, NAM, and Commonwealth.

    (4) Post-Colonial Period:

    • Continuation of Afro-Asian solidarity: India’s approach to Africa has been guided by the vision of commerce in ideas and services rather than raw materials.
    • Phases of engagement: From Nehru’s focus on Afro-Asian solidarity to phases of neglect and re-engagement, India’s Africa policy evolved.

    Present Status of Ties

    • Institutionalization of relations: The India-Africa Forum Summit serves as the framework for India-Africa relations under South-South Cooperation.
    • Expanded diplomatic presence: India announced the opening of embassies in 18 African countries, strengthening diplomatic ties.
    • Economic engagement: Bilateral trade between India and Africa has grown significantly, with India becoming Africa’s third-largest trade partner.
    • Investment and development cooperation: Indian investments in Africa have increased, with the country being the seventh-largest investor in the region.
    • Lines of Credit (LoC): India’s concessional LoCs support development projects in Africa, with 182 projects sanctioned, amounting to US$10.5 billion.
    • Bilateral cooperation: Collaboration includes areas such as solar energy, climate change, information technology, maritime security, counter-terrorism, and military training.
    • Soft power projection: India’s ITEC program offers scholarships to African students, and the Indian diaspora contributes to cultural exchange.

    Significance of Africa

    (1) Geostrategic Importance:

    • Proximity to India: Africa’s Horn region is critical for India’s security due to emerging threats like radicalism, piracy, and organized crime.

    (2) Economic Significance:

    • Diversifying energy sources: Africa can help India diversify its energy sources, aligning with the Integrated Energy Policy.
    • Rich resources: Africa possesses valuable minerals, metals, and abundant agricultural land, addressing India’s need for food security and resources.
    • Market and investment opportunities: Africa provides a space for Indian investments and trade expansion, fostering economic cooperation.

    (3) Geopolitical Considerations:

    • Support for UNSC seat: Africa’s support is crucial for India’s aspiration to gain a permanent seat on the UN Security Council.
    • Projection of soft and hard power: India showcases its soft and hard power in Africa, contributing to its global influence.
    • Peacekeeping and capacity building: India actively participates in UN peacekeeping operations and supports capacity building in African countries, strengthening bilateral ties.

    Various Challenges

    • Declining trade and investment: Bilateral trade and Indian investments in Africa have witnessed fluctuations, demanding efforts to enhance economic ties.
    • Short-term focus: LoCs have primarily funded small-scale projects, lacking a broader development perspective.
    • Competition from other powers: India faces competition from other countries like China, Brazil, and Russia, engaging Africa in various sectors.
    • Lack of synchronization: Development instruments like LoCs, grants, and capacity-building initiatives operate independently, lacking coordination.
    • Instances of racial attacks: Incidents of violence against African students in India pose challenges to people-to-people connections.

    Chinese Challenge in Africa

    • China’s extensive investments in Africa have significantly impacted the region across infrastructure, finance, natural resources, and maritime interests.
    • Access to resources, untapped markets, and support for the “One China Policy” drive China’s engagement.

    Strategies for India

    • Develop a focused Africa strategy: India should formulate a comprehensive strategy for the next decade, identifying key areas of cooperation.
    • Focus on capacity building: Investing in human capital is crucial for sustainable development in Africa.
    • Collaborate with civil society organizations and diaspora: Indian organizations and the diaspora can play a vital role in implementing development projects at lower costs.
    • Ensure timely project completion: Efforts should be made to expedite LoC projects, learning from countries with better implementation records.

    Steps taken so far

    • Indian Technical and Economic Cooperation (ITEC) program: India’s ITEC program provides technical assistance to African countries, with around 50% of ITEC slots reserved for Africa.
    • Asia-Africa Growth Corridor: The AAGC, a cooperation agreement between India, Japan, and African countries, aims for inclusive development.
    • Pan African e-Network: The PAeN facilitates tele-education and telemedicine in Africa, contributing to technological advancement.
    • Maritime cooperation: India’s collaboration with African nations in the maritime domain, exemplified by joint exercises, promotes regional security.
    • Peacekeeping operations: India actively participates in UN peacekeeping operations in Africa, supporting African counter-terrorism efforts and capacity building.
    • Duty-free tariff preferential scheme: India’s scheme benefits African nations, and the India-Africa Forum Summit plays a vital role in strengthening ties.
    • India Africa Defence Ministers conclave: Initiatives like this enhance defence cooperation and bilateral relations.

    Way Forward

    • Enhance mutual engagement: Organize the pending fourth India-Africa Forum Summit to further strengthen the relationship.
    • Allocate fresh financial resources: Allocate new resources for grants and concessional loans, prioritizing economic relations.
    • Focus on emerging sectors: Develop collaborations in health, space, and digital technologies to give a 21st-century dimension to the partnership.
    • Continued support in peacekeeping: Sustain India’s contributions to peacekeeping, counter-terrorism, and capacity building in Africa.
    • Improve experiences of Africans in India: Ensure the safety and well-being of Africans studying or working in India, promoting people-to-people connections.
    • Promote development-friendly private investments: Align development cooperation with commercial interests to support mutually beneficial projects.
    • Strengthen international cooperation: Collaborate with international allies to address the China challenge in Africa, emphasizing partnership-based approaches.