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GS Paper: GS2

  • Parliament must examine Age of Consent issue: CJI

    CJI DY Chandrachud appealed to Parliament to have a relook at the issue of age of consent under the Protection of Children from Sexual Offences (POCSO) Act, 2012.

    What is the Age of Consent?

    • The age of consent for sex in India is 18 under the POCSO Act.
    • Consent given by a girl aged below 18 is not regarded as valid and sexual intercourse with her amounts to rape.

    What are the terms of the POCSO Act?

    • Under the POCSO Act, 2012, considers a child anyone below 18 years of age.
    • Even if the girl is 16 years old, she is considered a “child” under the POCSO Act and hence her consent does not matter, and any sexual intercourse is treated as rape.

    Issues with such consent

    • Consent is ignored: It thus opens the accused up to stringent punishment.
    • Child abuse charges are ruled out: There have been several instances when the courts have quashed criminal proceedings of rape and kidnapping.
    • Misuse of the provision: The court is often convinced that the law is being misused to suit one or the other party.

    Case study

    • In 2019, a study, Why Girls Run Away to Marry – Adolescent Realities and Socio-Legal Responses inIndia, was published by Partners for Law in Development,
    • It made a case for the age of consent to be lower than the age of marriage to decriminalise sex among older adolescents to protect them from the misuse of law.

    Is the law being misused?

    (1) Foiling consensual relations

    • Sometimes, disgruntled parents file a case to foil a relationship between two adolescents or children on the threshold of adolescence.
    • POCSO is often used by parents who want to control who their daughters or sons want to marry.

    (2) Coercion for marriage:

    • The study noted that in many cases, a couple elopes fearing opposition from parents resulting run away to get married.
    • The parents then book the boy for rape under the POCSO Act and abduction with the intent to marry under IPC or the Prohibition of Child Marriage Act, 2006.

    Judicial interpretations for lower age of consent

    • In 2021, in the Vijaylakshmi vs State Rep case, the Madras High Court, while dismissing a POCSO case, said the definition of ‘child’ under Section 2(d) of the POCSO Act can be redefined as 16 instead of 18.
    • The court suggested that the age difference in consensual relationships should not be more than five years.
    • This, it said, will ensure that a girl of an impressionable age is not taken advantage or duped sexually of by a person who is much older.

    Policy measures so far

    • A parliamentary committee is looking into the Prohibition of Child Marriage (Amendment) Bill, 2021 which seeks to increase the minimum age of marriage for women to 21 years.
    • Rights activists feel instead of helping the community, raising the age may force vulnerable women to remain under the yoke of family and social pressures.

    Way forward

    • With the courts and rights activists seeking an amendment to the age of consent criteria, the ball lies in the government’s court to look into the issue.
    • In the meantime, adolescents have to be made aware of the stringent provisions of the POCSO Act and also the IPC.

     

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  • Religious conversion and Fundamental right to freedom of religion

    religion

    Context

    • While hearing a petition seeking a ban on forced conversions, Division Bench judge of the apex court said, “The purpose of charity should not be conversion. Every charity or good work is welcome, but what is required to be considered is the intention,” The observation, loaded with significant implications, is to be considered in the light of the provisions of the Constitution relating to people’s fundamental right to freedom of religion, its legislative history and judicial interpretation.

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    Fundamental right to freedom of religion

    • Right to freedom of thought, conscience and religion before the constitution of India: The Universal Declaration of Human Rights 1948, which was before the makers of the future Constitution for independent India had proclaimed: “Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance” [Article 18].
    • Extensive debate on religious freedom as a people’s right in the Constituent Assembly: Keeping this in mind, religious freedom as a people’s right was repeatedly debated in the Constituent Assembly. In cognisance of Christianity’s traditions of evangelism and proselytisation, it was to include the right to propagate religion.

    religion

    Journey of a Right to freedom of religion before and after The Constitution

    • British rulers facilitated conversion to their religion: The British rulers of India, who were never shy of introducing measures to facilitate the conversion of others to their faith.
    • British rulers enacted Native Converts Marriage Dissolution Act in 1866: They had enacted in 1866 a Native Converts Marriage Dissolution Act to provide the facility of divorce to married Indians who converted to Christianity and were thereupon deserted by their non-converting spouses.
    • The Act recently dropped which was once thought to by the law commission of India: After Independence, the Law Commission of India recommended that this Act be revised to make it a general law on the effect of post-marriage change of religion, but the government did not take any action on it. The original Act remained in force till recently but was eventually dropped from the statute book by the Repealing and Amending Act of 2017.
    • Alerted by the missionaries’ princely states enforced anti conversion laws: Alerted by the missionaries’ evangelistic activities, several princely states of the pre-Independence era had enforced anti-conversion laws Raigarh, Udaipur and Bikaner among them.
    • Constitution Bench in case where state freedom of religion Acts was challenged: During 1967-68, state legislatures in Orissa and Madhya Pradesh enacted similar laws, both ostensibly titled as Freedom of Religion Act. Christian leaders lost no time in challenging their constitutional validity in the Supreme Court. Heading a Constitution Bench, Chief Justice of the time AN Ray, argued that converting people interfered with their religious freedom and held that Article 25 granted “not the right to convert another person to one’s own religion but (only) to transmit and spread one’s religion by an exposition of its tenets” .
    • The Constitution Bench decision inspired some other states to enact similar laws: Beginning with the Arunachal Pradesh Freedom of Religion Act 1978. Today there are such laws in about half of our states. Some of these have been either newly enacted or made more stringent, since the beginning of the present political dispensation in 2014. All of them prohibit converting people from one to another religion without their free will and, to indicate this, use various expressions like force, fraud, inducement and allurement.
    • Drafts on the conversion: While the first draft of the future Constitution proposed to restrain conversion except by one’s own free will, the second was to recognise the “right to preach and convert within limits compatible with public order and morality.”
    • Constitution recognised the right to propagate: Eventually, the Constitution recognised the right to propagate, along with freedom of conscience and the right to profess and practice, one’s religion as people’s fundamental right. Prima facie, individuals’ right to forsake their religion by birth and embrace another faith was integral to freedom of conscience
    • Supreme Courts observations regarding the right to propagate: As regards the propagation of religion, in two cases decided in 1954, the apex court observed that Article 25 covered every individual’s right “to propagate his religious views for the edification of others” (RP Gandhi) and that “it is the propagation of belief that is protected, no matter whether the propagation takes place in a church or monastery, or in a temple or parlour meeting” (Shirur Math).

    Do you know this interesting news?

    • The Bombay High Court has recently held that the freedom of conscience of a person “includes a right to openly say that he does not believe in any religion”

    religion

    Mahatma Gandhi’s view on freedom of religion

    • Mahatma Gandhi once said that “all faiths are equally true though equally imperfect”
    • He had pleaded that, instead of converting others to one’s own faith, “our innermost prayer should be that a Hindu should be a better Hindu, a Muslim a better Muslim and a Christian a better Christian” (Young India, 1924).
    • He had also once said: “If I had power and could legislate I should stop all proselytising” (Harijan, 1935).

    How is religious freedom protected under the Constitution?

    • Article 25(1) of the Constitution guarantees the “freedom of conscience and the right freely to profess, practise and propagate religion”.
    • It is a right that guarantees a negative liberty — which means that the state shall ensure that there is no interference or obstacle to exercise this freedom.
    • However, like all fundamental rights, the state can restrict the right for grounds of public order, decency, morality, health and other state interests.

    Conclusion

    • An observation made by the Supreme Court on “forced conversions” is to be considered in the light of the provisions of the Constitution relating to people’s fundamental right to freedom of religion, its legislative history and judicial interpretation and set the future roadmap to make. Pluralism and inclusiveness are characterized by religious freedom. Its purpose is to promote social harmony and diversity.

    Mains question

    Q. What is Fundamental right to freedom of religion? What was Mahatma Gandhi’s view on religion? How it is interpreted in the constitution of India?

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  • Singapore Declaration of ILO

    CONTEXT: The 17th Asia-Pacific Regional Meeting of the International Labour Organisation (ILO) set ten-point priorities of national action under the Singapore Declaration.

    Singapore Declaration

    • It seeks to draw attention for the member countries to deal with the issue of dwindling wages of workers, inflation and unemployment.
    • It was adopted by the delegates representing governments, employers and workers’ governments, employers and workers in the regions.
    • Members agreed that social dialogue is essential to address labour market challenges and finding solutions in crisis situations such as the COVID-19 pandemic, natural disasters, and economic uncertainty.

    Key point priorities

    1. Ensure labour protection for all through the promotion of freedom of association
    2. Recognition of the right to collective bargaining, including for workers in vulnerable situations and workers in the informal economy, as enabling rights for decent work
    3. Closing gender gaps, increase women’s labour force participation, promote equal pay for work of equal value, balance work and responsibilities, and promoting women’s leadership.
    4. Develop and implement inclusive labour market programmes and policies that support life transitions and demographic shifts.
    5. Pursue collective and determined efforts to promote and accelerate a smooth and sustained transition from the informal to formal economy
    6. Strengthen governance frameworks and respect for freedom of association for migrant workers
    7. Strengthen the foundation for social and employment protection and resilience
    8. Expanding social protection to all workers, guaranteeing universal access to comprehensive, adequate and sustainable social protection for all

     

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  • G20: India at Urban20 (U20)

    G20

    Context

    • Fifty percent of the world’s population currently lives in urban areas, which is projected to increase by 1.5 times to 6 billion. However, cities continue to face mounting challenges in accommodating the needs of this rapidly expanding population. As a catalyst for global change, what promises can India’s presidency hold for half the world’s urban population?

    Background

    • India’s G20 presidency began on December 1. It will be driven by the underlying vision of “Vasudhaiva Kutumbakam”, best encapsulated by the motto “One Earth, One Family, One Future”.
    • G20’s Sustainable Development agenda aligns itself with sustainable actions to meet the goals of the 2030 Agenda.

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    G20

    What is Urban 20 (U20)?

    • A city diplomacy initiative within G20 ecosystem: Within the G20 ecosystem, a city diplomacy initiative called the “Urban 20” (U20) was launched in December 2017. As one of the formal Engagement Groups under G20, the U20 forum was meant to collectively raise critical urban issues of G20 cities during the G20 negotiations.
    • Special emphasis on cities: U20’s City Sherpas emphasise on the increasing importance of cities (both G20 and non-G20) as a country’s engines of innovation, economic growth, and productivity.
    • Focus on climate change and sustainable development: U20 specifically focuses on climate change, sustainable development, and socio-economic issues in connection with the Sustainable Development Goals.
    • Largely remained a platform of recommendation: Despite U20’s concerted efforts to run parallel to G20, the absence of any written constitution, procedures, or formal agreement has made U20 unable to effectively address the aspirations and concerns of cities. U20 seems to have largely remained a platform for expression and making recommendations without being able to directly influence urban planning or implement policy initiatives.
    • In this backdrop India has a unique opportunity: Within this framework, India now has the unique opportunity to outline and action specific U20 goals to link with the larger objectives of one of the most influential international forums.

    How U20 2023 provides an unique opportunity to India?

    • India’s U20 prospect can work towards engaging in meaningful policymaking and investments towards fulfilling the global 2030 Agenda.
    • By mindfully planning the allocation of urban resources and inspiring sustainable practices, India can set a new balanced template. While learning from the best practices of some of the soundest cities,

    G20

    How India can initiate actions at U20

    • Prioritizing post Covid urban social and emotional wellbeing: In a post-pandemic world, U20 2023 can priorities the role of urban mental health to raise awareness of its bearing as a consequence of an overpowering-built environment Urban amenities must account for the improvement of the overall quality of life and social-emotional well-being.
    • Emphasizing on efficient data and policies: U20 2023 can create a primer for effective data collection, analysis, monitoring, and reporting for timely assessment or urban plans to align with G20 and national agendas. Going further, India must emphasize policies for efficient data use and supporting data governance.
    • Increasing efficiency of digital services and bridging the digital divide gap: Digital literacy in urban India is only at 61 percent, suggesting a pervading low awareness of the government’s e-services. Moreover, gender biases in technology and digital skills lead to a greater gender digital divide suggesting a huge disparity in access to digital services. New regulatory frameworks are needed to encourage research and investment in bridging such gaps.
    • Gender inclusive planning to develop equitable cities: U20 2023 can call for global collaborations to develop equitable cities by engaging in dialogues around gender-inclusive planning. This is not only to benefit women and children but to include representation of diverse marginalised genders and LGBTQ+ persons in the urban planning process.
    • Prioritizing capacity building and training for city planners: It is also essential to highlight the importance of capacity building and training for planners and civic officials about the various sensitivities and impacts of urban development plans. India can bolster global joint discussions around increased investment in urban healthcare facilities.
    • Boosting investment in sustainable energy transition: While delivering on the Paris Agreement and the New Urban Agenda and 2030 Agenda, India can reinforce direct investment in areas such as sustainable energy and mobility transition. For instance, managing the risks of urban flooding in a changing climate has become a global focus area for policymakers.
    • Investing in quality education and skill development: With cities bourgeoning, investing in quality education and skilling has become critical to better prepare for the future of work and jobs for. Policies, across sectors, must support better skilling and training for entrepreneurship. For example, while the PM Employment Generation Programme and other Credit Support Schemes support MSMEs for training the youth and generating employment, we are yet to see their effectiveness and outreach. On the other hand, the rising trend of the gig economy demands innovative policymaking to accommodate the aspirations of the urban youth.
    • Local participation must be enhanced: Most importantly, U20 2023 can reinforce the importance of local-regional involvement for the integration of perspectives at the national and sub-national government bodies as the way forward. Urban Local Bodies (ULBs) can be strengthened further to facilitate basic infrastructure needs, inclusive economic growth and equitable development.

    G20

    How India can lead?

    • India’s theme of G20 2023 holds the promise of interconnectedness to bring in an attitudinal change through deliberation, partnerships, dialogues, cooperation and knowledge-sharing.
    • India can lead the way for global response and action by setting the stage for newer partnerships and agreements to facilitate community empowerment and social justice at both the local and societal levels.
    • By stressing on equity, inclusivity, sustainability and resilience, U20 2023 will be able to honour its commitment to establish better cities.

    Conclusion

    • By exploring the interlinkages and shared issues related to urban planning, India can help pave the way to bring about a global consensus for renewed urban vigour.

     

  • Status of Maternal mortality in India

    Maternal mortality

    Context

    • India has improved its maternal mortality ratio (MMR) to 97 deaths per lakh in 2018-2020 from 103 deaths per lakh in 2017-2019. This is a considerable improvement from the 130 deaths per lakh in 2014-2016, the latest data released by the office of the Registrar General of India showed.

    What is maternal mortality?

    • As per World Health Organization, Maternal death is the death of a woman while pregnant or within 42 days of termination of pregnancy, irrespective of the duration and site of the pregnancy, from any cause related to or aggravated by the pregnancy or its management but not from accidental or incidental causes.

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    Maternal mortality

    Maternal mortality ratio (MMR)

    • Main indicator: Maternal mortality ratio is a Kay indicator maternal mortality ratio.
    • Definition: The maternal mortality ratio (MMR) is defined as the number of maternal deaths during a given time period per 100,000 live births during the same time period.
    • Shows risk of maternal death: It depicts the risk of maternal death relative to the number of live births and essentially captures the risk of death in a single pregnancy or a single live birth.
    • SDG target: Target 3.1 of Sustainable Development Goals (SDG) set by the United Nations aims at reducing the global maternal mortality ratio to less than 70 per 100,000 live births.

    Maternal mortality

    Maternal mortality Ratio (MMR) in India: An overview of recent figures

    • North eastern states show improvement: In 2014-2016, the north-eastern state’s MMR was at a dangerously high 237 deaths per one lakh live births. This has improved significantly over the years to 229 in 2015-2017, 215 in 2016-2018 and 205 in 2017-2019, showed the data released November 28, 2022.
    • Southern states always better than national average: The southern state was always performing better than the national average and has almost consistently brought down even that figure from 46 in 2014-2016, 42 in 2015-2017, 43 in 2016-2018 and 30 in 2017-2019.
    • Kerala the best performer: Kerala continues to remain the best performer, with a low MMR of 19 per one lakh live births.
    • On regional level Assam improved but continues to have high MMR: On the regional level, Assam continues to have the highest MMR (195) but has improved its own performance over the years.
    • Better performing states: Among the better-performing states with an MMR lower than 100, barring Kerala, are Maharashtra (33), Telangana (43), Andhra Pradesh (45) and Gujarat (57).
    • Other states with high MMR: Madhya Pradesh (173), Uttar Pradesh (167), Chhattisgarh (137), Odisha (119), Bihar (118), Rajasthan (113), Haryana (110), Punjab (105) and West Bengal (105).
    • Sates with high MMR mostly belongs to socioeconomically poor regions: Most of these states belong to the Empowered Action Group (EAG) a classification of socioeconomically poor regions on whom the country’s development depends.

    The Statistics including Maternal Mortality Rate and lifetime risk

    • Maternal mortality rate: It is the maternal deaths of women in the ages 15-49 per lakh of women in that age group.
    • As defined by Registrar General of India: The Registrar General of India defines as “the probability that at least one woman of reproductive age (15-49 years) will die due to childbirth or puerperium (postpartum period), assuming that chance of death is uniformly distributed across the entire reproductive span.”

    Maternal Mortality Ratio (MMR) v/s Maternal Mortality Rate

    • Maternal Mortality Ratio (MMR): This is derived as the proportion of maternal deaths per 1,00,000 live births, reported under the Sample Registration System (SRS).
    • Maternal Mortality Rate: This is calculated as maternal deaths of women in the ages 15-49 per lakh of women in that age group, reported under SRS.

    Maternal mortality

    Maternal mortality rate in India

    • India’s maternal mortality rate is six.
    • poor-performing states include Madhya Pradesh (15.3), Uttar Pradesh (14.3), Assam (12.1), Bihar (11) and Chhattisgarh (9.9).
    • Kerala is the only state to achieve a maternal mortality rate of less than one, at 0.9.
    • Other states in the leading category include Maharashtra (1.8), Telangana (2.3), Andhra Pradesh (2.4) and Tamil Nadu (2.7).
    • The lifetime risk figures also show a similar trend, with Madhya Pradesh leading the way at 0.53 per cent, followed by Uttar Pradesh (0.50 per cent), Assam (0.42 per cent), Bihar (0.39 per cent) and Chhattisgarh (0.35 per cent).
    • At the national level, the lifetime risk of maternal mortality stands at 0.21 per cent.

    Conclusion

    • India’s performance on the maternal mortality front has been improving consistently as the country achieves its national target of reducing MMR to below 100.But it still lags behind the UN-mandated Sustainable Development Goals target of an MMR equivalent to 70 deaths per 100,000 live births. The country has eight years to meet this benchmark by 2030. Other indicators assessing maternal health indicate large room for improvement.

    Mains question

    Q. What is Maternal mortality. What is the difference between Maternal mortality ratio (MMR) and Maternal mortality rate. Evaluate India’s progress in reducing MMR.

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  • Election Security Deposit and its symbolic significance

    A political party based in New Delhi lost its election deposit for most of its candidates in the assembly elections in Gujarat and Himachal Pradesh.

    Do you know?

    In the first Lok Sabha elections in 1951-52, almost 40 per cent of the total candidates lost their deposits. Nearly 86 per cent of the candidates contesting Lok Sabha elections in 2019 lost deposits, according to a report released by the Election Commission of India.

    What is an Election Security Deposit?

    • An election security deposit is an amount that is to be deposited with the Returning Officer when a candidate files their nomination.
    • This is to be submitted either in cash, or a receipt must be enclosed with the nomination paper.
    • It mentions that the said sum has been deposited on the candidate’s behalf in the Reserve Bank of India or in a Government Treasury.
    • The main purpose of this practice is to ensure that only genuinely intending candidates end up filing the nomination to be a part of the electoral process.

    Is the amount same for all elections?

    • No, it depends on the particular election being conducted, and the Representation of the People Act of 1951 mentions different amounts depending on the level of election:
    1. In the case of an election from a Parliamentary constituency, meaning a Lok Sabha and Rajya Sabha seat, the amount is Rs 25,000 and Rs 12,500 for a Scheduled Caste (SC) or Scheduled Tribe (ST) candidate.
    2. In the case of an election from an Assembly or Council constituency, meaning at the level of legislative bodies in the states, it is Rs 10,000 and Rs 5,000 for an SC/ST candidate.
    3. Even in the case of Presidential and Vice-Presidential elections, a deposit of Rs 15,000 is to be made.

    Losing the deposits

    • As per the same Act, the deposit has to be forfeited at an election if the number of valid votes polled by the candidate is less than 1/6th of the total number of valid votes polled.
    • Or, in the case of the election of more than one member, it would be 1/6th of the total number of valid votes so polled divided by the number of members to be elected.
    • This refers to elections by proportional representation method, as is the case in Rajya Sabha.
    • If the candidate does meet the threshold, “the deposit shall be returned as soon as practicable after the result of the election is declared.”
    • If a candidate withdraws their nomination or passes away before the polls, the amount is returned.

     

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  • What it takes to become a ‘National Party’ in India?

    A political party (revived from the anti-corruption movement) is on track to be recognized as a 9th national party by the Election Commission of India (ECI).

    What is a national party?

    • The name suggests that a national party would be one that has a presence ‘nationally’, as opposed to a regional party whose presence is restricted to only a particular state or region.
    • National parties are usually India’s bigger parties.
    • However, some smaller parties, like the communist parties, are also recognised as national parties.
    • A certain stature is sometimes associated with being a national party, but this does not necessarily translate into having a lot of national political clout.

    So how is a political party defined?

    The ECI’s Political Parties and Election Symbols, 2019 handbook species following criteria:

    For recognition as a NATIONAL PARTY, the conditions specified are:

    1. a 6% vote share in the last Assembly polls in each of any four states, as well as four seats in the last Lok Sabha polls; or
    2. 2% of all Lok Sabha seats in the last such election, with MPs elected from at least three states; or
    3. recognition as a state party in at least four states.

    For recognition as a STATE PARTY, any one of five conditions needs to be satisfied:

    1. two seats plus a 6% vote share in the last Assembly election in that state; or
    2. one seat plus a 6% vote share in the last Lok Sabha election from that state; or
    3. 3% of the total Assembly seats or 3 seats, whichever is more; or
    4. one of every 25 Lok Sabha seats (or an equivalent fraction) from a state; or
    5. an 8% state-wide vote share in either the last Lok Sabha or the last Assembly polls.

    Benefits for recognized parties

    • This is subject to the fulfillment of the conditions prescribed by the Commission in the Election Symbols (Reservation and Allotment) Order, 1968.

    (a) Reserved Sybol

    • If a party is recognised as a ‘state party’, it is entitled for exclusive allotment of its reserved symbol to the candidates set up by it in the state in which it is so recognised.
    • If a party is recognised as a ‘national party’ it is entitled for exclusive allotment of its reserved symbol to the candidates set up by it throughout India.

    (b) Proposer for nomination

    • Recognised ‘state’ and ‘national’ parties need only one proposer for filing the nomination.

    (c) Campaigning benefits

    • They are also entitled for two sets of electoral rolls free of cost and broadcast/telecast facilities over state-owned Akashvani/Doordarshan during the general elections.

     

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  • Delhi HC seeks Centre’s response against cancellation of OCI card

    The Delhi High Court has sought a response from the central government on a petition against the cancellation of a person’s Overseas Citizenship of India (OCI) card.

    Who is an Overseas Citizen?

    • An OCI is a category introduced by the government in 2005.
    • Persons of Indian Origin (PIOs) of certain categories as specified in the Citizenship Act, 1955 are eligible for being OCI cardholders.
    • Some of the benefits for PIO and OCI cardholders were different until 2015 when the government merged these two categories.
    • The MHA defines an OCI as a person who was a citizen of India on or after January 26, 1950; or was eligible to become a citizen of India on that date; or who is a child or grandchild of such a person, among other eligibility criteria.
    • According to Section 7A of the OCI card rules, an applicant is not eligible for the OCI card if he, his parents or grandparents have ever been a citizen of Pakistan or Bangladesh.

    Privileges to an OCI

    • OCI cardholders can enter India multiple times, get a multipurpose lifelong visa to visit India, and are exempt from registering with Foreigners Regional Registration Office (FRRO) no matter how long their stay.
    • If an individual is registered as an OCI for a period of five years, he/she are eligible to apply for Indian citizenship.
    • At all Indian international airports, OCI cardholders are provided with special immigration counters.
    • OCI cardholders can open special bank accounts in India, they can buy the non-farm property and exercise ownership rights and can also apply for a driver’s license and PAN card.
    • However, OCI cardholders do not get voting rights, cannot hold a government job and purchase agricultural or farmland.
    • They cannot run for public office either, nor can they travel to restricted areas without government permission.

     

     

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  • SAARC vs BIMSTEC

    SAARC

    Context

    • December 8 is commemorated as SAARC Charter Day. It was on this day, 37 years ago, that the South Asian Association for Regional Cooperation (SAARC), an intergovernmental organization, was established.

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    What is SAARC?

    • Establishment: The South Asian Association for Regional Cooperation (SAARC) was established with the signing of the SAARC Charter in Dhaka on 8 December 1985.
    • Members: It is an intergovernmental organization, was established by Bangladesh, Bhutan, India, the Maldives, Nepal, Pakistan and Sri Lanka Afghanistan acceded to SAARC later.
    • Secretariat: The Secretariat of the Association was set up in Kathmandu on 17 January 1987.
    • Objectives: The objectives as outlined in the SAARC Charter are, to promote the welfare of the peoples of South Asia and to improve their quality of life; to accelerate economic growth, social progress and cultural development in the region and to provide all individuals the opportunity to live in dignity and to realize their full potentials; to promote and strengthen collective self-reliance among the countries of south Asia.

    What SAARC has achieved?

    • SAARC has failed abjectly in accomplishing most of its objectives.
    • South Asia continues to be an extremely poor and least integrated region in the world.
    • The intraregional trade and investment in South Asia are very low when compared to other regions such as the Association of South East Asian Nations (ASEAN) and Sub-Saharan Africa.
    • Pakistan has adopted an obstructionist attitude within SAARC by repeatedly blocking several vital initiatives such as the motor vehicles agreement, aimed at bolstering regional connectivity.
    • Deepening hostility between India and Pakistan has made matters worse. Since 2014, no SAARC summit has taken place leaving the organisation rudderless, and practically dead.

    SAARC

    But why to bother about SAARC?

    • South Asia is important for India’s national interest: Because South Asia, that is India’s neighbourhood, is important for India’s national interests. This is best captured in the current government’s ‘neighbourhood first’ policy.
    • SAARC, a pan south Asia reach: SAARC is the only intergovernmental organisation with a pan-South Asia reach. India can judiciously employ it to serve its interests in the entire region.
    • Weakened SAARC means heightened instability: A weakened SAARC also means heightened instability in other promising regional institutions such as the South Asian University (SAU), which is critical to buttressing India’s soft power in the region.

    Bilateralism or regionalism, which one is best for India?

    • Bilateralism can complement, not substitute regional efforts: A new narrative is that in South Asia, India can successfully use the instrument of bilateralism over regionalism to pursue its interests. While bilateralism is undoubtedly important, it can at best complement, not substitute, regional or multilateral efforts.
    • Regionalism in East Asia and Africa: Regionalism has brought immense success in other parts such as East Asia and Africa. Regionalism can deliver prosperity in the South Asian region too, especially because multilateralism is weakening.
    • concept of new regional economic order: Looking at ASEAN’s spectacular success in regional integration, international lawyers Julien Chaisse and Pasha L. Hsieh have developed the concept of a new regional economic order, a process through which developing countries search for a trade-development model, based on incrementalism and flexibility; this is different from the neoliberal model laid down by the Washington Consensus.

    SAARC

    What is BIMSTEC?

    • Regional organization of seven members lying in or adjacent to BOB: The Bay of Bengal Initiative for Multi-Sectoral Technical and Economic Cooperation (BIMSTEC) is a regional organization comprising seven Member States lying in the littoral and adjacent areas of the Bay of Bengal constituting a contiguous regional unity.
    • Establishment: This sub-regional organization came into being on 6 June 1997 through the Bangkok Declaration.
    • Act as a bridge between South and South East Asia: The regional group constitutes a bridge between South and South East Asia and represents a reinforcement of relations among these countries.
    • Provides Inter regional cooperation platforms: BIMSTEC has also established a platform for intra-regional cooperation between SAARC and ASEAN members.

    Did you Know?

    • BIMSTEC comprises five South Asian nations (Bangladesh, Bhutan, Nepal, India and Sri Lanka) and two ASEAN countries (Myanmar and Thailand).
    • Pakistan is NOT a BIMSTEC member.

    Importance of BIMSTEC for India

    • India shifted its diplomatic energy from SAARC to BIMSTEC: In recent years, India seems to have moved its diplomatic energy away from SAARC to BIMSTEC. This resulted in BIMSTEC, after 25 years, finally adopting its Charter earlier this year.
    • BIMSTEC is better than SAAC charter: The BIMSTEC Charter is significantly better than the SAARC Charter. For instance, unlike the SAARC Charter, Article 6 of the BIMSTEC Charter talks about the ‘Admission of new members’ to the group. This paves the way for the admission of countries such as the Maldives.
    • However no flexible formula like ‘ASEAN Minus X’: Notwithstanding the improvements, the BIMSTEC Charter, to boost economic integration, does not contain the flexible participation scheme of the kind present in the ASEAN Charter. This flexible scheme, also known as the ‘ASEAN Minus X’ formula, allows two or more ASEAN members to initiate negotiations for economic commitments. Thus, no country enjoys veto power to thwart economic integration between willing countries.
    • Obstructionist attitude of Pakistan within SAARC: Given the experience of SAARC, where Pakistan routinely vetoes several regional integration initiatives, it is surprising that BIMSTEC does not contain such a flexible participation scheme. A flexible ‘BIMSTEC Minus X’ formula might have allowed India and Bangladesh or India and Thailand to conduct their ongoing bilateral free trade agreement (FTA) negotiations under the broader BIMSTEC umbrella. This would have eventually strengthened BIMSTEC by enabling the gradual and incremental expansion of these binding commitments to other members. India should press for this amendment in the BIMSTEC Charter.

    Some steps to take

    • BIMSTEC should not end up as another SAARC: For this, its member countries should raise the stakes. A high-quality FTA offering deep economic integration, something that Prime Minister Narendra Modi also advocated at the last BIMSTEC ministerial meeting would be an ideal step.
    • India should try make the organizations flexible to ensure peace and prosperity in the region: Likewise, India should explore legal ways to move successful SAARC institutions such as SAU to BIMSTEC. These steps will give stronger roots to BIMSTEC and enable erecting a new South Asian regional order based on incrementalism and flexibility, ushering in prosperity and peace in the region.

    Conclusion

    • Since South Asia cannot repudiate regionalism, reviving SAARC by infusing political energy into it and updating its dated Charter will be an ideal way forward. However, in the current scenario, this is too idealistic. So, the next best scenario is to look at other regional instruments such as the Bay of Bengal Initiative for Multi-Sectoral, Technical and Economic Cooperation (BIMSTEC).

    Mains Question

    Q. India seems to have shifted its diplomatic energies away from SAARC to BIMSTEC in recent years. What are the reasons for doing so?

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  • Why is Parliament silent on Voiding of NJAC: Vice-President

    njac

    VP asked the two Houses for not taking cognizance, over the last seven years, of the 2015 Supreme Court judgment setting aside the Constitutional amendment to constitute the National Judicial Appointment Commission (NJAC).

    Background

    • Since few days, Judiciary and Executive are at loggerheads.
    • VP pointed out that the amendment had been passed with unprecedented support by both Houses and approval from 16 State Assemblies.
    • However, on October 16, 2015, the Supreme Court ruled that it was not in consonance with the basic structure of the Constitution, and scrapped the legislation.

    What was NJAC?

    • The NJAC was a body which was proposed to make appointments of Chief Justices, Supreme Court judges, and High Court judges in a more transparent manner as compared to the existing collegium system.
    • It sought to replace the Collegium System.
    • It was proposed via the National Judicial Appointments Commission Bill, 2014.
    • The bill was passed by both the houses; Lok Sabha and Rajya Sabha, and also received the President’s assent.
    • The commission was established by the 99th Constitutional Amendment Act, 2014.
    • The Act proposed that the members of NJAC would be composed of members from the legislative, judicial, and civil society.

    Composition of NJAC

    • Chief Justice of India would be the Chairman of the NJAC
    • Two senior-most judges of the Supreme Court
    • The Law and Justice Minister
    • Two eminent persons would be selected by a committee which would be composed of the Prime Minister, the Chief Justice of India and the Leader of Opposition

    Why was the NJAC Act struck down?

    • The five-judge SC bench struck down the NJAC Act along with the 99th Constitutional Amendment Act in a 4:1 ratio.
    • It was repealed by a five-judge bench, famously known as the Fourth Judges Case, 2015.
    • It was termed ‘unconstitutional’ and was struck down, citing it as having affected the independence of the judiciary.

    Benefits of the NJAC Act

    Justice Chelameshwar praised the NJAC Act because-

    • Transparent process: It involved a smooth and transparent process for the appointment of judges.
    • Brings checks and balances: the exclusion of checks and balances principle leads to the destruction of the basic structure of the Constitution.
    • Seeks balance of power: In a democratic setup, the executive cannot be completely excluded.
    • Global examples: In the dissent order, an example of the United States of America was given, where the head of the Executive is conferred with the power to appoint the judges.

    Issues with collegium system

    • Alleged favouritism: The collegium system does not provide any guidelines or criteria for the appointment of the Supreme Court judges and it increases the ambit of favouritism.
    • Ambiguous process: The absence of an administrative body is also a reason for worry because it means that the members of the collegium system are not answerable for the selection of any of the judges.
    • Isolating the executive: The check and balance principle is necessary because it ensures that no organ of democracy is exercising its power in an excessive manner.
    • Extra-constitutional nature: The collegium system tells us that even though the collegium system is not mentioned anywhere in the Constitution, rather it has evolved over a period of time from different landmark cases.
    • Lack of transparency: Nepotism has been often witnessed in the judiciary due to a lack of criteria for the appointment of judges.

    What can we, as aspirants, observe here?

    • After analyzing both NJAC and the collegium system, it can be inferred that neither of the methods is complete and both lack certain aspects.
    • Many former judges and legal experts are supporting the NJAC.
    • However, legal jurists are divided on NJAC, with some supporting it while others calling for amendments to the Act.
    • It is quite evident that neither the collegium system nor the NJAC is accurate; both have some shortcomings.

    Way forward

    • NJAC needs to be amended to keep the judiciary independent.
    • According to Justice Deepak Gupta, retired senior civil servants need to be inducted into the body appointing judges.
    • The Supreme Court needs to lay down certain guidelines for appointing judges and those guidelines should be strictly followed and codified.
    • Apart from that, all the notifications should be issued in the public domain to make the process more transparent.

     

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