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GS Paper: GS2

India’s Troubled Neighborhood, Myanmar
Context
- Twenty-one months after a military coup, which derailed a decade old experiment with limited democracy, Myanmar is struggling to cope with the consequences. People are suffering, authorities and opposition forces are locked in a cycle of violent clashes, the economy is deteriorating, and ASEAN’s mission to produce a solution has failed.
Background of Present situation in Myanmar
- Violation of constitution by Military: When the Tatmadaw (military), unhappy with the victory of the Aung San Suu Kyi led National League for Democracy in the November 2020 elections, chose to violate the constitution, it acted in the belief that the people would accept its diktat, as they had done in previous decades.
- Civilian opposition continues: Clearly, military junta underestimated public anger and their commitment to freedom and democracy. Even after killing over 2,300 people and imprisoning thousands, including Ms. Suu Kyi, the military still faces a rebellion. Its plan to hold an election next year stands jeopardized.
- Imprisonment of Suu Kyi: Suu Kyi, 77, the most popular leader, has been sentenced to 26 years of imprisonment in multiple cases on apparently trumped-up charges. Besides, 1.1 million Rohingya, driven by military oppression to seek shelter in Bangladesh in 2017, continue to languish there. Dhaka’s efforts to arrange their safe return have failed.
- Migration crisis in India and Bangladesh: Armed clashes between the military and their ethnic opponents in the border region are having a spill-over effect in Bangladesh. Dhaka continues to show restraint and a preference for diplomacy to manage the situation.
How is the response of civilian opposition against military?
- National unity Government: The parallel National Unity Government (NUG) may not be recognized by any state, but it continues to receive political and financial support from abroad. It has effectively channelled popular indignation against military rule, while still being vulnerable due to the paucity of resources and the absence of a visible leader.
- Support of ethnic groups to NUG: About 20 ethnic armed organizations (EAOs), located in the east, north and west of Myanmar’s periphery, have divergent approaches towards the postcoup conflict. Many view it as an intra Bamar contestation, an issue of limited concern to them. Some like the Karens and Kachin’s support the NUG, while others, especially those controlled or supported by China, remain aloof.
- Strong military but disunity among groups: Those operating in the Chin and Rakhine states are engaged in a fierce armed conflict with the military and have enfeebled it. But overall, due to their divergences and relative weaknesses, the EAOs are unlikely to defeat the military.
- No nationwide opposition: While the opposition has performed well, it is unable to turn the tide in its favour, without a nationwide front against the Tatmadaw. National reconciliation between the military and civilian forces, and ethnic reconciliation between the majority Bamars and ethnic minorities, have been put on hold.
UN and International criticism
- Criticism of coup: The UN has been forthright in criticizing the coup. It has expressed concern over continuing violence, support for a ‘democratic transition’, a release of all political prisoners and dialogue among the parties concerned.
- Division among international community: However, the UN Secretary General’s special envoy has had little success in promoting peace. The UN’s failure lies in the sharp divisions within the international community on how to deal with this vexed issue.
- Sanction on military: The western powers have been severely critical of the military. They have put in place several restrictive measures and imposed more sanctions. They have extended support to the NUG.
- Russian support to military: On the other hand, Russia has given considerable backing to the military regime, seeing in its own isolation an opportunity to strengthen bilateral cooperation in defence and energy supplies.
- China’s exploiting the opportunity: China is keeping a door open to democratic forces even while doing business with the regime and exploiting every opportunity to ensure progress on the China-Myanmar Economic Corridor.
- ASEAN’s divided response: ASEAN is divided in three ways: Indonesia, Malaysia, and Singapore are prodemocracy; Thailand and Laos are promilitary; and Vietnam and the Philippines are ambivalent. This disunity and the Tatmadaw’s refusal to cooperate with ASEAN have led to the non-implementation of the Five Point Consensus. The upcoming ASEAN summit may provide clues on whether the grouping can forge a united stand and devise something that works better.
India’s reaction to Myanmar situation
- Refugee crisis in India: India is concerned as the postcoup conditions have adversely impacted its interests and hampered bilateral cooperation. Mega projects stand delayed. Some 50,000 refugees, as per unofficial estimates, have been camping in Mizoram.
- Advocating the democracy: Meanwhile, there is an erroneous perception that India has abandoned the Myanmar people. The reality is that India proactively advocates an early restoration of democracy, the release of prisoners, and internal dialogue.
- Myanmar under the shadow of India-China relations: Can India do more? It can explore the possibility of a combined mediatory role with ASEAN and likeminded neighbors. Will China have a role in such a group? India-China relations preclude that possibility.
- Brokering the political settlement: Through greater unity, external players can help Myanmar in creating a suitable environment for dialogue on a political settlement. Distant countries such as Norway and Japan can play a helpful role as catalysts. But the principal responsibility to construct a solution must rest with the Myanmar elite and leadership of both camps. Through resilience and pragmatism, they crafted a way out in 2011-21. They must recreate that spirit.
Conclusion
- India has been walking on tight rope on balancing national interest and restoration of democracy in Myanmar. Sooner the civil war in Myanmar ends better for India and especially for Mizoram. ‘The Golden Land’, where Lord Buddha is revered, needs to be reinspired by his teachings. Else, a prolonged, contested military rule or a failed state seems a distinct possibility.
Mains Question

Q. How situation in Myanmar is affecting the national interest of India? What is the India’s response to the military coup in Myanmar?

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November 7, 2022
How is India planning to end Child Marriage?
The steering committee of a UNFPA-UNICEF Global Programme to End Child Marriage is on a visit to India to witness state interventions that have helped reduce the prevalence of child marriage.

Why such visit?
- The UNFPA-UNICEF estimates that 10 million children could become child brides as a result of the pandemic globally.
What is Child Marriage?
- Child marriage refers to any formal marriage or informal union between a child under the age of 18 and an adult and another child.
- The Prohibition of Child Marriage (Amendment) Bill, 2021, fixes 21 years as the marriageable age for women.
Reasons behind its prevalence
- Role of poverty: A large proportion of child marriages take place primarily because of poverty and the burden of the huge costs of dowry associated with delayed marriages.
- Norms: It is because of social norms in many regions and cultures that parents begin preparations for a girl’s marriage once she has reached puberty.
- Crisis: Conflict increases the inequalities that make girls vulnerable to child marriage – and its consequences. Families may arrange marriages for girls, believing marriage will protect their daughters from violence.
Issues with Child Marriage

(1) Social implications
- Impacts girl child more: Globally, the prevalence of child marriage among boys is just one sixth that among girls.
- Leads to deprivation: Child marriage robs girls of their childhood and threatens their lives and health.
- Exclusion: The practice can also isolate girls from family and friends and exclude them from participating in their communities, taking a heavy toll on their physical and psychological well-being.
- Academic loss: Girls who marry before 18 are more likely to experience domestic violence and less likely to remain in school.
(2) Health issues
- Life threats: Child brides often become pregnant during adolescence, when the risk of mortality during for themselves and their infants.
- Forced pregnancy: Girls are forced into adulthood before they is physically and mentally ready. This is the main cause of global prevalence of malnutrition.
(3) Economic impacts
- Child marriage negatively affects the Indian economy and can lead to an intergenerational cycle of poverty.
- It suddenly pulls out the children involved out of workforce before they grow as adult.
- Girls and boys married as children more likely lack the skills, knowledge and job prospects needed to lift their families out of poverty and contribute to their country’s social and economic growth.
What is the situation in the world?
- According to data from UNICEF, the total number of girls married in childhood stands at 12 million per year.
- It strives to end the practice by 2030 — the target set out in the Sustainable Development Goals.
Where does India stand?

GOOD: Declining trend
- There is a growing trend for a decline in the overall prevalence of child marriage.
- In India, child marriage reduced from 47.4% in 2005-06 to 26.8% in 2015-16, registering a decline of 21% points during the decade.
- In the last five years, it declined by 3.5% points to reach 23.3% in 2020-21, according to the latest National Family Health Survey-5 data.
BAD: State-wise disparity is very higher
- However, 3% is still a disturbingly high percentage in a country with a population of 141.2 crore.
- Some states have a higher prevalence than the national average — West Bengal, Bihar and Tripura top the list with more than 40% of women aged 20-24 years married below 18 (NFHS).
- In Kerala, women who got married before the age of 18 stood at 6.3% in 2019-20, from 7.6% in 2015-16.
Laws and policy interventions in India
- There are crucial laws that aim at protecting children from violation of human and other rights including the-
1. Prohibition of Child Marriage Act, 2006 and
2. Protection of Children from Sexual Offences Act, 2012
- Raising the age of marriage: A parliamentary standing committee is weighing the pros and cons of raising the age of marriage for women to 21, which has been cleared by the Union Cabinet.
- Beti Bachao Beti Padhao Scheme: It aims to address the issue of the declining child sex ratio image (CSR).
- Kanyashree scheme: West Bengal’s scheme offers financial aid to girls wanting to pursue higher studies, though women’s activists have pointed. Bihar and other States have been implementing a cycle scheme to ensure girls reach safely to school, and UP has a scheme to encourage girls to go back to school.
Way forward
- Ensure education: Much of the benefits can be reaped by ensuring that women complete education at least up to 12 years.
- Upskilling: Bangladesh shows that improving women’s education and imparting modern skills to them that increase their employability reduces child marriage and improves health and nutrition.
- Educational attainment criteria in schemes: Schemes which ease the financial burden of marriage but the eligibility criteria of which should essentially link to educational attainment in addition to age demand attention.
Conclusion
- A legalistic approach to increasing the age at marriage will produce positive results only if it leads to an improvement in women’s education and skill acquisition for employability.
- In the absence of an enhancement in women’s schooling or skills, a legalistic approach to ending child marriage might become counterproductive.
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November 7, 2022
What is Sealed Cover Jurisprudence?
The Supreme Court has suggested a way out of routinely filing documents in sealed covers, especially in cases touching on national security.

What did the apex Court say?
- The court said the government could redact the sensitive portions and show the rest to the petitioners.
- This would address both the state’s concerns about “national security” and the “right to know” of petitioners.
What is Sealed Cover Jurisprudence?
- It is a practice used by the Supreme Court and sometimes lower courts, of asking for or accepting information from government agencies in sealed envelopes that can only be accessed by judges.
- A specific law does not define the doctrine of sealed cover.
- The Supreme Court derives its power to use it from Rule 7 of order XIII of the Supreme Court Rules and Section 123 of the Indian Evidence Act of 1872.
Nature of the power: Upholding Secrecy
- If the Chief Justice or court directs certain information to be kept under sealed cover or considers it of confidential nature, no party would be allowed access to the contents of such information.
- There is an exception to this if the Chief Justice himself orders that the opposite party be allowed to access it.
- It also mentions that information can be kept confidential if its publication is not considered to be in the interest of the public.
- As for the Evidence Act, official unpublished documents relating to state affairs are protected and a public officer cannot be compelled to disclose such documents.
Grounds of such secrecy

Other instances where information may be sought in secrecy or confidence is when its publication:
1. Impedes an ongoing investigation of cases related to national security
2. Details that are part of the police’s case diary or
3. Breaches the privacy of an individual
Prominent cases of sealed jurisprudence

Sealed cover jurisprudence has been frequently employed by courts in the recent past.

(1) Rafale Deal
- In the case pertaining to the controversial Rafale fighter jet deal, a Bench headed by CJI Ranjan Gogoi in 2018, had asked the Centre to submit details related to deal’s decision making and pricing in a sealed cover.
- This was done as the Centre had contended that such details were subject to the Official Secrets Act and Secrecy clauses in the deal.
(2) Bhima Koregaon Case
- In the Bhima Koregaon case, in which activists were arrested under the Unlawful Activities Prevention Act.
- The Supreme Court had relied on information submitted by the Maharashtra police in a sealed cover.
Issues with such jurisprudence
- This practice appears to be unfavorable to the principles of transparency and accountability of the Indian justice system.
- It stands in contrast to the idea of an open court, where decisions can be subjected to public scrutiny.
- It is also said to enlarge the scope for arbitrariness in court decisions, as judges are supposed to lay down the reasoning for their decisions.
- Besides, it is argued that not providing access to such documents to the accused parties obstructs their passage to a fair trial and adjudication.
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November 7, 2022
Black Sea Grain Initiative
The UN Secretary-General Antonio Guterres has called for the renewal of the Black Sea Grain Initiative as Russia has agreed to resume its participation.

Black Sea Grain Initiative
- The Initiative eased Russia’s naval blockade and saw the reopening of three key Ukrainian ports.
- The agreement to create the sea corridor was negotiated by representatives from Ukraine, Russia, the UN and Turkey in July this year.
- The agreement created procedures to safely export grain from certain ports to attempt to address the 2022 food crisis.
- It provides a safe maritime humanitarian corridor for Ukrainian exports (particularly for food grains) from three of its key ports, namely, Chornomorsk, Odesa and Yuzhny/Pivdennyi in the Black Sea.
Outcomes of this deal
- Approximately 9.8 million tonnes of grains have been shipped so far since the deal was brokered.
- People hoarding the grain in the hope of selling it for a sizable profit owing to the supply crunch were now obligated to sell.
- The initiative has also been credited for having made a huge difference to the global cost of living crisis.
What would suspension of the deal mean?
- In a nutshell, the deal’s suspension was expected to re-introduce the price pressures on grain prices, especially that of wheat, with inventory being at historical lows.
- It could particularly impact countries in the Middle East and Africa such as Egypt, Turkey, Lebanon, Sudan and Yemen which have benefitted from the resumption and are particularly dependent on Russian and Ukrainian exports
About Black Sea
- The famed water body is bound by Ukraine to the north and northwest, Russia and Georgia to the east, Turkey to the south, and Bulgaria and Romania to the west.
- It links to the Sea of Marmara through the Bosphorus and then to the Aegean through the Dardanelles.
Significance of Black Sea for Russia
- Domination of the Black Sea region is a geostrategic imperative for Moscow.
- Black Sea has traditionally been Russia’s warm water gateway to Europe.
- For Russia, the Black Sea is both a stepping stone to the Mediterranean.
- It acts as a strategic buffer between NATO and itself.
- It showcases the Russian power in the Mediterranean and to secure the economic gateway to key markets in southern Europe.
- Russia has been making efforts to gain complete control over the Black Sea since the Crimean crisis of 2014.
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November 7, 2022
Good News: Child marriage is on the decline
Content
- The steering committee of a global programme to end child marriage is on a visit to India to witness state interventions which have helped reduce the prevalence of child marriage.
What are the findings of the committee?
- Increase in Child marriage as a pandemic effect: The visit by the UNFPA-UNICEF Global Programme to End Child Marriage team is in view of an estimated increase in number of child brides due to the pandemic. The UNFPA-UNICEF estimates that 10 million children could become child brides as a result of the pandemic globally.
- Child marriages reduced in India according to NFHS-5: In India, child marriage reduced from 47.4% in 2005-06 to 26.8% in 2015-16, registering a decline of 21% points during the decade. In the last five years, it declined by 3.5% points to reach 23.3% in 2020-21, according to the latest National Family Health Survey-5 data.
What is the situation in the world?
- As per the UNICEF data: The total number of girls married in childhood stands at 12 million per year, and progress must be significantly accelerated in order to end the practice by 2030 the target set out in the Sustainable Development Goals. Without further acceleration, more than 150 million additional girls will marry before they turn 18 by 2030.
- Progress is Uneven and not enough: While it is encouraging that in the past decade great progress has been made in South Asia, where a girl’s risk of marrying before she is 18 has dropped by more than a third, from nearly 50% to below 30%, it is not enough, and progress has been uneven.
- Dire consequences of child marriage: Rights activists and health experts say the consequences of child marriage are dire, not only because it violates children’s rights, but also because it results in more infant and maternal deaths. Children born to adolescent mothers have a greater possibility of seeing stunted growth as they have low weight at birth. According to NFHS-5, prevalence of child stunting is 35.5% in 2019-21.
Where does India stand?
- Declining trend in overall child marriage: There is a growing trend for decline in the overall prevalence of child marriage, but 23.3% is still a disturbingly high percentage in a country with a population of 141.2 crore. Eight States have a higher prevalence of child marriage than the national average.
- High prevalence in some bigger States: West Bengal and Bihar have the highest prevalence of girl child marriage. States with a large population of tribal poor have a higher prevalence of child marriage. West Bengal, Bihar and Tripura top the list with more than 40% of women aged 20-24 years married below 18, according to NFHS data.
- Scenario in Jharkhand and Assam: In Jharkhand, 32.2% of women in the age bracket 20-24 got married before 18, according to NFHS-5; infant mortality stood at 37.9%, and 65.8% of women in the 15-19 age bracket are anaemic. Assam too has a high prevalence of child marriage (31.8% in 2019-20 from 30.8% in 2015-16).
- Child marriages reduced in some states: Some States have shown a reduction in child marriages, like Madhya Pradesh (23.1% in 2020-21 from 32.4% in 2015-16), Rajasthan (25.4% from 35.4%) and Haryana.
- Several States are pegged just below the national average: In Odisha, 20.5% of women were married off before 18 in 2020-21 from 21.3% in 2015-16.
- States on better social indices as a result of high literacy: States with high literacy levels and better health and social indices have fared much better on this score. In Kerala, women who got married before the age of 18 stood at 6.3% in 2019-20, from 7.6% in 2015-16. Tamil Nadu too has shown improved figures with 12.8% of women in the age group 20-24 years getting married before 18 compared to 16.3% in 2015-16.
What are the laws and policy interventions?
- Prohibition of Child Marriage Act, 2006 and the Protection of Children from Sexual Offences Act, 2012: These laws aim at protecting children from violation of human and other rights.
- A positive debate on raising the age of Marriage: A parliamentary standing committee is weighing the pros and cons of raising the age of marriage for women to 21, which has been cleared by the Union Cabinet. With various personal laws governing marriages in India, the government wants to amend the law, a reform that activists and agencies have said will not be enough to stop the practice of child marriage.
- Various schemes: There are no of Centralised schemes like the Beti Bachao Beti Padhao, which are performing better on empowering the girl children
- Various initiatives by the states: States have launched many initiatives to improve the factors linked to child marriage, from education to health care and awareness programmes. For instance, West Bengal’s Kanyashree scheme offers financial aid to girls wanting to pursue higher studies, though women’s activists have pointed out that another scheme Rupashree, which provides a one-time payment of ₹25,000 to poor families at the time of a daughter’s marriage, may be counter-productive. Bihar and other States have been implementing a cycle scheme to ensure girls reach safely to school; and U.P. has a scheme to encourage girls to go back to school.
What needs to be done?
- Need a multidimensional approach: According to Sandeep Chachra, ActionAid Association India, which has been working with UNICEF and UNFPA said the solution lies in empowering girls, creating proper public infrastructure and addressing societal norms.
- Awareness not only about the law but also about the dire consequences on Health: Uma Mahadevan-Dasgupta, who serves in the IAS, says several thousand child marriage prohibition officers have been notified in Karnataka and 90,000 local gram panchayat members have been oriented to spread awareness on child marriage, not only that it is illegal to get a child married off before 18, but also the dangers to the child’s health and her offspring.
- Focusing on the overall girl child development: They stress on an all-pronged approach to end the practice; strong laws, strict enforcement, preparing an ideal situation on the ground to ensure that the girl child girls with either or below primary level education have experienced higher levels of child marriage as data show gets an education and preferably vocational training as well so that she can be financially independent.
- Schemes need better implementation: Centralised schemes like the Beti Bachao Beti Padhao, which need better implementation on the ground. Various schemes by the states needs through analysis and better implementation at the grass root level.
Conclusion
- Data shows that child marriage is a key determinant of high fertility, poor maternal and child health, and lower social status of women. There has been a rise in child marriages during the pandemic, but many have been prevented as well. A lot more needs to be done on factors closely linked to child marriage, including eradication of poverty, better education and public infrastructure facilities for children, raising social awareness on health, nutrition, regressive social norms and inequalities.
Question

Q. Child marriages comes with dire consequences on adolescent mothers and children born to them. Evaluate the status on prevalence of child marriages In India and how to address the situation?

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November 7, 2022
Unscientific Highway Infrastructure: A Cause of Accidents
Context
- In a March 2019 circular, the National Highways Authority of India (NHAI) raised the subject of premature issuance of completion certificates for national highway works. NHAI had noticed that, in certain cases, completion certificates had been issued even before the completion of works ‘up to the standards and specifications’ prescribed by the Ministry of Road Transport & Highways.
Status of National highways and deaths
- 35 percent of all road deaths: NHAI is the principal organization responsible for construction of National Highways in India. National highways constitute a mere 2 percent of the country’s road network, but account for close to 35 percent of all road deaths.
- Record 37 kms per day: The ministry has been taking credit for the pace at which national highways are being constructed. In the fiscal year 2021, it reached a record 37 kms per day. This has come down to 19.44 km per day in the first six months of the financial year 2022.
What was the circular issued by NHAI?
- Issuance of completion certificate: The circular forbade the issuance of such certificates, especially if non-completion resulted in ‘material inconveniences to users’ or affected their safety.
- Likely cause of fatalities: Items such as road shoulders, road signs, markings, dressing of slopes, and road furniture were explicitly mentioned. circular was not taken with due seriousness by some authorized engineers. This negligence could have contributed to road crashes, probably resulting in fatalities.
- Dereliction of duty by NHAI’s officials: The NHAI has now warned the delinquents that such behavior would be treated as a serious dereliction of duty and disciplinary action would be taken against officers issuing such certificates to incomplete road works. Additionally, the officers would be held personally liable in case of serious accidents that occur on such unfinished infrastructure.
- Safety is better than pace of construction: The Minister for Road Transport & Highways stressed that it is necessary to build safer roads even if this decelerated the pace of construction.
Case study of NHAI’s road construction?
- Death of Cyrus Mistry: Unfortunately, self-introspection by the NHAI in regard to safety failures and the large number of deaths on national highways was not in evidence in the aftermath of the death of Cyrus Mistry on the Ahmedabad-Mumbai national highway in September 2022.
- Crash was result of poor infrastructure: In this instance, a seven-member forensic investigation team found that the car crash was the result of an infrastructure issue. The car in which Mistry was travelling happened to tragically hit a bridge that was faultily designed.
- Invisible dividers: The bridge parapet was found to be protruding into the shoulder lane. Furthermore, the road with three lanes unexpectedly narrowed to a road with two lanes with a dangerous L-shaped concrete divider that had no proper paint on it.
- Inadequate safety signs: Road signages were grossly inadequate, making that road stretch a ‘black spot’. This epithet is used for a road section where accidents are a frequent occurrence.
- Expressways are constructed for more speed: The accident also raised issues of the excessive speed of the car that crashed. It was said that the car was travelling at a speed in excess of 100 km per hour. However, the minister himself has been in favour of higher speeds on Indian expressways and national highways. He proposed a speed limit of 140 kmph on expressways and at least 100 kmph on four-lane national highways. This, he stated, was advocated on account of considerable improvements in the quality of India’s highways that permit vehicles to go faster than in the past.
- Speed limit safety needs to be revise: The minister was also critical of some judicial rulings that disallowed hiking speeds on national highways. However, in the light of certain facts repeatedly surfacing in regard to safety issues of national highways, it does appear that greater caution in regard to increasing speed needs to be taken.
Critical analysis of NHAI’s road construction and maintenance
- Rains and potholes: While the government claims that they are of international standard, a recent report highlighted the plight of road travelers on national highways post India’s monsoons. The rains have left the country’s arterial network in poor shape as they have become riddled with potholes.
- Higher toll but poor roads: The cited report mentioned the Gurgaon-Jaipur stretch of NH-8, which, despite a hike in toll rates, remains incomplete and terribly potholed. The reason for this sorry state of affairs was revealed in a reply by the government to a parliamentary standing committee.
- Insufficient maintenance: The budgetary provision for maintenance of national highways was a mere 40 percent of their own estimated standards. Clearly, maintenance of national highways was being discounted in favour of more kilometres of road construction. The shortfall of 60 percent of maintenance money was terribly high and resulted in the resources being thinly spread, making adequate maintenance intervention highly unlikely.
- Inadequate budgetary allocation: The parliamentary committee pointed out in its report titled ‘Issues related to road sector’ that the shortfall in sufficient budgetary allocation was echoed in the poor quality of national highways often witnessed across the country. The committee emphasized that the maintenance of national highways was vitally significant in regard to safety and good average traffic speeds and ought to be given high priority. The issue had been repeatedly flagged by the committee.
- NITI Aayog’s acknowledgement of poor infrastructure: Similarly, NITI Aayog, in its report titled ‘Strategy for New India @75’, advised that the government should earmark 10 percent of its annual budget for maintenance of roads and highways and move towards the developed country norm of marking 40 percent of the budget for road upkeep. It is evident that if national highways are not in shape, the economy of the country and the states takes a hit.
Conclusion
- It is absolutely necessary for citizens to follow road safety norms but government cannot look away from its responsibility. Scientific road construction even at the cost of slow construction rate is non-negotiable for sake of accident prevention. Safety of citizens is prior to any world record.
November 5, 2022
Assertive China, Implication for world and India
Context
- China’s 20th Party Congress concluded with hardly any surprises, and a predetermined script was implemented without any hitch. Xi Jinping was anointed President for an unprecedented third term, and all six of his acolytes made it to the powerful Politburo Standing Committee.
Why China’s 20th Party Congress is important?
- Extension of tenure of Xi Jinping: Xi’s ‘core’ status has been further reinforced, and he is now set to eclipse Deng Xiaoping and Jiang Zemin, placing him next only to Mao. Mr. Xi’s Thought on ‘Socialism with Chinese Characteristics for a New Era’ will be the Chinese Communist Party/Communist Party of China (CCP)’s guiding philosophy for the future.
- Xi’s control over party: It was also evident that Mr. Xi enjoys wide, if not overwhelming, support within the Party elite, enabling him to infuse a renewed sense of purpose alongside tightening of controls over it.
- High focus on national security: National security would be the key factor dictating all aspects of governance. A common theme that permeated the proceedings was affirmation of the CCP’s historical mission.
- Emphasized ideological coherence: There was only a single narrative, crafted in a manner that extolled Mr. Xi’s role in revitalization of the CCP, further enhancing his cult status. Unequivocally rejected was an earlier Xi thesis of a ‘Community of Common Destiny’ which has been replaced by the belief that international public opinion was currently anti-China and also included an incitement to overthrow the existing Communist regime. To counter such disruptive philosophies, it had become necessary for the CCP to emphasize ideological coherence and internal discipline.
- Avoiding the soviet style collapse: This would help to avoid the danger of a ‘Soviet style collapse’ caused by ideological laxity, corruption, divisions within the party and attempts by outsiders to foment unrest.
What are the problematic declarations at 20^th party congress?
- Undermining the USA: In the realm of geopolitics, the Congress declared that the objective is to effectively reduce the authority and the power of the United States.
- Rejecting the Indo-pacific: This was especially true of China’s neighborhood, essentially the Indo-Pacific.
- Achieving the lost glory: Also, to be eschewed by China were the vague and contradictory goals of the past, made at a time when China sought to make rapid progress in several directions.
- Theory of victimhood of international conspiracy: Implicit in the proceedings was the belief that China was being deliberately denied access, and the ability, to import certain vital technological items, and in this regard, of being a victim of major international conspiracies. Earlier pragmatism was replaced by concerns about western pressures to derail China’s progress.
- Possible lifelong tenure to Xi: The Party Congress is indicative of the fact that Mr. Xi is much more than a mere party ‘restorer’, and that he adheres to the belief that the CCP’s role is central to Chinese society and critical to determining China’s role in world affairs.
- Raising the national strength and international influence: In terms of China’s world view, the Party Congress reiterated that the goal is to make China a modern socialist power by 2035, boost per capita income to middle income levels, and modernise the armed forces. By 2049, the 100^th anniversary of the Peoples’ Republic of China, China is determined to lead the world in terms of composite national strength and international influence.
What are the implications for the world?
- Premature takeover of Taiwan: one can expect that notwithstanding the level of rhetoric and assertions that this is a dangerous phase, China is unlikely to take any premature step to take over Taiwan, and thereby risk a wider conflict with the U.S. and the rest of the world at this point. Mr. Xi is far more likely to devote attention to internal matters within China, since unity within the Communist Party remains ephemeral; while dissent has been stamped out for the present, more consolidation would be necessary.
- Short term conciliation with world: Consequently, one might well see China stepping back from its present confrontational posture with the U.S. and several other countries, and adopting a more conciliatory approach in the near future.
- Conflicts are likely to happen: There are, of course, certain red lines any attempt at provocation within the ‘First Island Chain’, or encouraging Taiwan to seek independence or break away from China are certain to lead to a conflict, irrespective of how it would adversely affect China’s 2049 plans and objectives.
Implications for India
- Border incursion will rise: In India’s case, further skirmishes between the two countries along the several thousand kilometres of the undefined land border is to be expected.
- Conflicts in Indian ocean: China is unlikely to embark on an open conflict with it anywhere else in the Indian Ocean region. This could alter, if India were to pursue a more aggressive policy in support of the West’s ‘open seas policy’ in waters in China’s vicinity.
- Prime target in west vs China battle: India is, however, likely to be a principal target of Chinese wrath in the next few years. As India’s economic fortunes steadily improve even as China’s declines, the perception conflict will become more intense.
- China’s progress at the cost of India: Moreover, if India is seen as a major recipient of western technology, the kind being denied to China, China would make it a point to use its economic, rather than military muscle, to deter India’s progress. For China to achieve greatness by 2049, subduing India economically, and reducing its image in the eyes of the world would be critically important.
Conclusion
- China’s middle kingdom complex, unjustified assertion, paranoic claims on borders and seas and wolf warrior diplomacy is against the international rules and order. China has challenged the USA’s hegemony and entire international system without any tangible punishment. India has to choose its options carefully without compromising national security and ambitions.
November 4, 2022
Child Welfare Police Officers a must in all police stations: Home Minister
The Ministry of Home Affairs has asked the States/Union Territories to appoint a Child Welfare Police Officer (CWPO) in every police station to exclusively deal with children, either as victims or perpetrators.

Who is a Child Welfare Police Officer (CWPO)?
- Police play a pivotal role in the prevention and investigation of child abuse and neglect while helping to make communities safer for children and families.
- CWPO is stipulated in advisory issued by the National Commission for Protection of Child Rights.
- The Juvenile Justice (Care and Protection of Children) Act, 2015, also calls for designating at least one officer, not below the rank of an Assistant Sub-Inspector, as CWPO in every station.
Functions of CWPO
- To handle cases of both juveniles in conflict with law and children in need have care of protection
- To function as a watch-dog for providing legal protection against all kinds of cruelty, abuse and exploitation of children and report instances of non-compliance for further legal action
- To take serious cognizance of adult perpetrators of crimes against children
- To ensure that the accused are apprehended immediately and booked under the appropriate provisions of the law
- To ensure that the juvenile or child is provided with immediate medical attention, basic needs and create a child-friendly atmosphere at the time of first contact.
Need for CWPO
- CWPO ensure that juvenile or child is treated with decency and dignity during investigation, enquiry, search etc.
- They help upheld right to confidentially and privacy of the juvenile/child.
Back2Basics: National Commission for Protection of Child Rights (NCPCR)
- The NCPCR is a statutory body established by the Commission for Protection of Child Rights (CPCR) Act, 2005.
- The Commission works under the aegis of Ministry of Women and Child Development.
- The Commission is mandated under section 13 of CPCR Act, 2005 to ensure that all laws and policies are in consonance with the Child Rights perspective as enshrined by the UN Convention on the Rights of the Child.
- As defined by the commission, a child includes persons up to the age of 18 years.
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November 4, 2022
What is Parole?
Recently a self-proclaimed god-man convicted for rape and murder in Haryana has been released on Parole.

What is Parole?
- Furlough and parole envisage a short-term release from custody, both aimed as reformative steps towards prisoners.
- Parole is granted to meet a “specific exigency” and cannot be claimed as a matter of right.
- Both provisions are subject to the circumstances of the prisoner, such as jail behaviour, the gravity of offences, sentence period and public interest.
- Furlough may be granted without any specific reason after a convict spends a stipulated number of years.
- It is a matter of right although cannot be claimed as an ‘absolute legal right’.
Is ‘parole an extraordinary move?
- The state governments often take a compassionate view on applications for parole during festivals of Diwali, Rakshabandhan etc.
- The legislature/politicians do not have direct powers to grant parole on suo-motu cognizance.
Who can opt for parole and how?
- The provision of parole is available to convicts found guilty by a court and such a prisoner.
- The prisoner’s relative/legal aid may submit an application to the prison superintendent.
- He/she in turn forwards the application to the ‘competent authority’, often under the jurisdiction of district magistrate concerned and comprising prison and police authorities, to sanction release.
- After due verification of reasons and prisoner’s conduct by the competent authority, an order for grant of release on parole will be issued.
- In case of rejection of the said application, a convict may approach the High Court.
Duration of Parole
- The Prison rules state that parole period may be granted for not more than 30 days.
- The competent authority may exercise its discretion in case of serious illnesses or death of “nearest relative such as mother, father, sister, brother, children, spouse of the prisoner, or in case of natural calamity.”
- Parole or extension of parole cannot be granted without a report of the police
- Apart from the remedy to approach a high court for parole in case of a rejected application, a prison can also approach the high court directly in case of an extraordinary emergency.
Try this PYQ from CSP 2021:

Q. With reference to India, consider the following statements:
1. When a prisoner makes a sufficient case, parole cannot be out denied to such prisoner because it becomes a matter of his/her right.
2. State Governments have their own Prisoners Release on Parole Rules.
Which of the statements given above is/are correct?

(a) 1 only

(b) 2 only

(c) Both 1 and 2

(d) Neither 1 nor 2

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November 4, 2022
Two finger test: Undermining the dignity of women
Context
- On October 31, a two-judge bench of the Supreme Court noted that the two-finger test is a sexist medical practice that re-victimizes and re-traumatizes rape survivors. The Court also issued directions to the Union and state governments to implement the 2014 guidelines of the Ministry of Health and Family Welfare for health providers in sexual violence cases.
What is two finger tests?
- The two-finger test involves the medical examiner inserting their two fingers into the vagina of a survivor to note the presence or absence of the hymen and the so-called laxity of the vagina.
What is the expert doctor’s opinion?
- Misogynistic belief: While a hymen can be torn and its orifice may vary in size for many reasons unrelated to sex, the origin of the two-finger test lies in the misogynistic belief that a torn hymen is an indication that the survivor is habituated to sex and therefore, cannot be raped or is more likely to make false claims about being raped.
What is the law against such infringement of bodily privacy?
- SC prohibited test in Rajesh v. State of Haryana 2013 case: “Medicalization of consent” where women’s bodies are given precedence over their voices. Recognizing this as an invasion of privacy and a violation of a survivor’s dignity, the Supreme Court prohibited the test in Lillu at Rajesh v. State of Haryana (2013).
- Guidelines for medico-legal care for survivors of sexual violence: Shortly after, in March 2014, taking forward the recommendations of the Justice J S Verma Committee Report, the Ministry of Health & Family Welfare issued guidelines for medico-legal care for survivors of sexual violence. These guidelines explicitly prohibited the two-finger test and discussed the need for training medical examiners to respond to the needs of the survivors in a sensitive and non-discriminatory manner.
Why the practice of two finger tests still persists?
- Lack of political will: Nearly eight years since the guidelines were issued, the two-finger test still remains a reality. Its prevalence is a reflection of the complete lack of political will to address the issue.
- No pan-India comprehensive review: While fragmented pieces of narratives and research indicate that the two-finger test continues in rape cases to date, it is incumbent upon the executive to undertake a comprehensive pan-India review to assess the nature and extent of the problem.
- Change in format and unclarity: The changed format (introduced after the passing of the Criminal Law Amendment Act, 2013) of the medico-legal certificate used by doctors in rape cases did not require them to make a note of the finding of the two-finger test. However, according to the lawyers, this did not mean that the test was not happening anymore. Some says they it was no longer being recorded as such but was still being conducted.
- Poor medical infrastructure: The continued existence of the two-finger test is a result of the overall poor state of forensic medicine infrastructure in India.
- Lack of awareness: Lack of awareness amongst the medical community about the unscientific nature of the two-finger test.
What is the opinion of the court?
- Government must enforce the protocol: The Court commenting on the sorry state of affairs and issuing directions to the government on enforcement of the protocol including the emphasis on workshops and the medical school curriculum is significant.
- Holding a person, a guilty of misconduct: The Court took a step further by holding a person conducting the two-finger test on a rape survivor guilty of misconduct. It is unclear if the Court was making a reference to professional misconduct on part of the medical examiner.
What should be the way forward?
- Caregiving to victim: Medical practitioners must see themselves as caregivers when handling sexual violence cases.
- Awareness about legal system: Medical practitioners should be made to understand as their role in the criminal legal system, specifically towards rape survivors.
- Training of medical examiners: The training in medical school must prepare medical examiners for their role in the justice system.
- Police should play an active role: The institution of police should be sensitized on the continued use of the two-finger test in rape cases.
- Modules on sexuality: Training and workshops designed for doctors needs to include modules on sexuality and discrimination.
Conclusion
- Two finger test is further traumatizing the victim of rape. Despite the directives of courts years ago and unscientific nature, two finger test continues. Women empowerment is not only about the earnings and livelihood its also about the right to privacy and dignity of life.
Mains Question

Q. What is two finger tests? what is the law against the two-finger test? give the reasons for continuation of two finger test?

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November 3, 2022