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GS Paper: GS2

  • Who exactly counts your Vote after polling?

    For a country like India where each individual constituency can have lakhs of voters, counting votes is a complex process that requires both pace and precision.

    Where are the Votes counted?

    • Ideally, all votes should be counted in one location in the constituency.
    • However, during General Elections, when seats are larger with multiple Assembly constituencies, many counting centres can be appointed, depending on the number of votes that need to be counted.
    • The location(s) for counting votes is decided by the Returning Officer (RO), with multiple centres in assembly segments being under the supervision of the Assistant Returning Officers (ARO).
    • In counting centres, ideally all votes are counted in one big hall having multiple tables.
    • However, if the RO feels there is a risk of overcrowding, more rooms may be opened up after permission from the Election Commission (EC).

    Role of Returning Officer

    • The RO is appointed for each constituency by the Election Commission.
    • During the duration of the election, the RO is the highest authority in the constituency having a wide range of powers in order to peacefully and impartially conduct elections.
    • With respect to counting of votes, the RO has the following duties:
    1. To designate the counting centres and get them approved by the Commission well in advance;
    2. To send notice to the candidates about the place, date and time of counting of votes;
    3. To appoint and train counting staff;
    4. To count the votes and declare the result.
    • ROs themselves do not count all votes but verify the counting at multiple stages and announce the results.
    • They are the final authority in the matter of vote counting in an election.

    Supervision of the process

    • A counting room will have multiple counting tables with each counting a set number of postal ballots/EVMs on a round-to-round basis.
    • On each table, there is a counting supervisor and up to two assistants who do the actual counting.
    • They should be gazetted officers and are appointed by the RO.
    • They receive specific training pertaining to the tasks they are expected to undertake.
    • For instance, for those counting postal ballots, the training is different from that received for counting EVM votes.

    Observers in the counting process

    • The EC appoints observers at each counting room, who are supposed to record the proceedings and file a report.
    • They are generally employees of the GoI, and are tasked with the duty to oversee overall functioning of the election apparatus.
    • Candidates who were on the ballot are also allowed in the counting room along with their representatives.
    • All parties and candidates send counting agents in order to ensure that votes are counted fairly and according to procedure, and lodge complaints, if any.

     

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  • The soft approach: India-Myanmar

    Myanmar

    Context

    • On November 20-21, Indian Foreign Secretary Vinay Kwatra made a two-day visit to Myanmar. The Indian Ministry of External Affairs (MEA) in a press release stated that he met with members of the military junta that is currently ruling the country and discussed security and stability in the border areas, human trafficking issues (several Indian nationals have been victims), and infrastructure development.

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    Myanmar

    What are the interpretations over the foreign Secretary’s visit?

    • Myanmar’s national portal says discussion on friendly relations: According to Myanmar National portal, the two sides held discussions on Myanmar-India friendly relations, exchanged views on the promotion of bilateral cooperation and the implementation of Myanmar’s peace process.
    • India’s no mention of Myanmar’s return to democracy: The MEA statement made no mention of any Indian interest in seeing Myanmar return to the path of democracy or the release of political prisoners and other tricky issues.
    • Emphasis on completing the ongoing projects: On the contrary, the foreign secretary spoke about continued Indian support for “people-centric socio-economic developmental projects” and early completion of connectivity projects including the Kaladan Multimodal Transit Transport Project and the Trilateral Highway between India, Myanmar, and Thailand.
    • Assured development Programs: It appears that infrastructure and developmental projects were a big emphasis during the visit because Kwatra also assured the Myanmar junta about projects under Rakhine State Development Program and Border Area Development Program.
    • Contradictory omissions: Despite the MEA press release not mentioning it, the MEA spokesperson Arindam Bagchi tweeted that the foreign secretary had discussions on several important issues including “India’s support to democratic transition in Myanmar.”

    Myanmar

    Background of the different interpretations

    • MEA’s 2021 statement that India’s interest in Myanmar’s return to democracy: Contrast this with the December 2021 statement that the MEA issued following then-Foreign Secretary Harsh Vardhan Shringla’s visit where he emphasized India’s interest in seeing Myanmar’s return to democracy at the earliest; release of detainees and prisoners; resolution of issues through dialogue; and complete cessation of all violence.”
    • India’s strong and consistent support to ASEAN: He had also reiterated that India’s strong and consistent support to the ASEAN initiative and expressed hope that progress would be made in a pragmatic and constructive manner, based on the five point consensus.

    Myanmar

    What are the India’s concerns?

    • Human trafficking emerged as the major issue: Human trafficking has emerged as a major issue in Myanmar, with several criminal syndicates running a racket luring Indian citizens with fake job prospects. The MEA spokesperson, according to media reports, cautioned Indian nationals of being wary of trafficking. IT companies recruiting Indian workers in the pretext of jobs in Thailand, who were then taken to Myanmar. There have been reportedly close to 200 Indian nationals who have been duped into this job racket.
    • China’s support to Military Junta: Since the military coup, China has improved on its good relations with the military junta, providing much-needed support for the Myanmar leadership in the face of international opprobrium.
    • Chinas’ high investment in Myanmar: China reportedly has been a key source of foreign investment in Myanmar. China’s multiple projects include several high-speed railway lines and dams as well as a $2.5 billion investment in a gas-fired power plant. The China-Myanmar Economic Corridor, which consists of oil and gas pipelines and infrastructure development projects run into billions of dollars.
    • China’s aim to get better access to Indian ocean: Of particular interest to China is the deep sea port that China plans to develop at Kyaukphyu, on Myanmar’s west coast, this will possibly give China better access to the Indian Ocean, which China has been eyeing for a while.
    • Budding relationship between Myanmar and Pakistan a cause of concern: According to media reports, Myanmar took the delivery of six JF-17 light-weight multi-role fighter jets from Pakistan in 2018 after signing a contract two years earlier in 2016. Myanmar was to get another batch of 10 aircraft although the date of delivery is unknown.

    Rational behind India’s changed interest in Myanmar’s return to democracy

    • Pragmatism on account of the growing presence and inroads of China in Myanmar has possibly pushed India to give up on its moralizing about democracy and increase its outreach to Naypyidaw.
    • While the pro-democracy elements within Myanmar as well as India’s strategic partners in ASEAN may not be particularly pleased with this outreach, especially India dropping ASEAN’s Five-Point Consensus on Myanmar, it appears that New Delhi sees itself as having not too many choices

    Conclusion

    • Strategic factors appear to be driving India’s greater engagement with the military junta, especially fear of China and Pakistan making inroads into the country. India has to maintain delicate balance while dealing with the ruling military junta.

    Mains question

    Q. In the backdrop of much speculations about the recent visit of India’s foreign secretary to Myanmar. Discuss India’s evolving position, which shows a soft approach towards the ruling military junta.

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  • The ‘Global South’ Narrative

    south

    As India assumed the presidency of the G20 group of countries for 2022 to 2023, EAM S Jaishankar said on December 1 that India would be the voice of the Global South that is otherwise under-represented in such forums.

    What is ‘Global South’?

    • The term has since been used multiple times, such as when Jaishankar said of ongoing global conflicts, “polarisation may occur elsewhere, the people who suffer most are the Global South”.
    • ‘Global North’ refers loosely to countries like the US, Canada, Europe, Russia, Australia and New Zealand, while ‘Global South’ includes countries in Asia, Africa and South America.

    Behind the binary difference: ‘Global North’ and the ‘Global South’

    • For a long time in the study of international political systems, the method of categorising countries into broad categories for easier analysis has existed.
    • The concepts of ‘East’ and ‘West’ is one example of this, with the Western countries generally signifying greater levels of economic development and prosperity among their people.
    • Eastern countries were considered as being in the process of that transition.

    What are other such categorizations?

    • Another similar categorisation is of First World, Second World and Third World countries.
    • It referred to countries associated with the Cold war-era alliances of the US, the USSR, and non-aligned countries, respectively.
    • The idea of the “third” world underlined that it was not only different from the “first” — the capitalist West — but also and the second — the socialist “East”.

    Concept behind: World Systems Approach

    • At the centre of these concepts is the World Systems approach introduced by sociologist Immanuel Wallerstein in 1974, emphasising an interconnected perspective of looking at world politics.
    • He said there are three major zones of production: core, peripheral and semi-peripheral.
    • The core zones reap profits, being the owners of cutting-edge technologies – countries like the US or Japan.
    • Peripheral zones, on the other hand, engage in less sophisticated production that is more labour-intensive.
    • In the middle are countries like India and Brazil.

    Need for new terms

    (1) Global shift of powers

    • In the post-Cold War world, the First World/Third World classification was no longer feasible.
    • This is because when the Communist USSR disintegrated in 1991, most countries had no choice but to ally at some level with the capitalist US – the only remaining global superpower.

    (2) Monolithic classification

    • The East/West binary was seen as often perpetuating stereotypical thinking about African and Asian countries.
    • Categorising incredibly diverse countries into a monolith was felt to be too simplistic.
    • Also, the idea that some countries were ‘developed’ while others were not was thought to be too wide a classification, inadequate for accurately discussing concerns.

    (3) Issues with Developed vs. Developing

    • Writing in 2014 from the perspective of his organisation’s philanthropic activities, Bill Gates said of the ‘developing’ tag.
    • It found an irony that- any category that lumps China and the Democratic Republic of Congo together confuses more than it clarifies.
    • Some so-called developing countries have come so far that it’s fair to say they have developed.
    • A handful of failed states are hardly developing at all. Most countries are somewhere in the middle.

    Emergence of Global South

    • Colonial past: A big commonality between the South countries is that most have a history of colonization, largely at the hands of European powers.
    • No say since de-colonization: Region’s historical exclusion from prominent international organizations – such as from the permanent membership of the UN is intriguing.
    • Consciousness for decision-making: As bodies like the UN and the IMF are involved in major decision-making that affect the world in terms of politics, economy and society, the exclusion is seen by these countries as contributing to their slower growth.
    • Economic emergence: China and India have emerged economically sound in the past two decades.
    • Declining US hegemony: Many consider the world to now be multipolar rather than one where the US alone dominates international affairs.
    • Climate reparations: In the ongoing debate adds Northern countries paying for funding green energy, having historically contributed to higher carbon emissions.

    Criticism of the classification

    • Only few players: South simply aims to replace the North and the positions it occupies, again continuing a cycle in which a few countries accumulate crucial resources.
    • More of a India vs. China competition: Much controversy currently surrounds the question of whether elites of the global South and ‘rising powers’ genuinely have the intention to challenge the dominant structures of global capitalist development”.
    • Anti-china motive: China’s tentative “going out” strategy at the turn of the century eventually morphed into the expansive Belt and Road Initiative.

    Where does India stand?

    • No further diplomatic groupism: EAM S Jaishankar India’s objective is not to rebuild a global trade union against the North.
    • Bridging the divide: India is eager to become a bridge between the North and the South by focusing on practical outcomes rather than returning to old ideological battles.

    Challenges

    • Political consistency: In the past, India’s ideological enthusiasm for the Global South was not matched by material power and political will.
    • Bridging the neighbours: India must also come to terms with the fact that the Global South is not a coherent group and does not have a single shared agenda.
    • Despaired south: There is much differentiation within the South today in terms of wealth and power, needs and capabilities.
    • Defiance from NAM: India’s Third World strategy (and Non-Aligned Movement) in the Cold War era was undermined by multiple internal and regional conflicts within the Global South.

    Way ahead

    • More engagement in neighborhood: Championing the Global South today would demand more active Indian engagement with the messy regional politics within the developing world.
    • Political coherence: If India can translate this ambition into effective policy, there will be no contradiction between the simultaneous pursuit of universal and particular goals.

     

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  • Price cap on Russia’s Oil and India’s contextual response

    cap

    Context

    • Recently, G7 proposal to impose a price cap on Russian oil came into effect. The proposal, which took months to fructify, seeks to achieve a delicate balance how to starve the Russian state of oil revenues so as to financially cripple its war against Ukraine, but without causing supply disruptions in the global oil market which would cause prices to spiral. The move, however, risks fracturing the global crude oil market.

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    What is Price cap on Russian oil?

    • The $60 per barrel and denial of infrastructure services to Russian oil: The $60 per barrel cap is intended to cut Russia’s oil revenues while keeping Russian crude on the market by denying insurance, maritime services, and finance provided by the Western allies for tanker cargoes priced above a fixed dollar-per-barrel cap.
    • Aim to hurt Russia’s oil revenue and create a pressure: The US-proposed cap aims to hurt Moscow’s finances while avoiding a sharp oil price spike if Russia’s oil is suddenly taken off the global market.
    • Impact on shipping: Without insurance, tanker owners may be reluctant to take on Russian oil and face obstacles in delivering it.

    cap

    Russian response to the price cap

    • Russia refused to abide by the measure: Russia has said it will not observe a cap and will halt deliveries to countries that do.
    • Retaliate by shutting off the shipments: It could retaliate by shutting off shipments in hopes of profiting from a sharply higher global oil price on whatever it can sell around the sanctions.
    • Russia said price cap will not hurt financing the war: Russia recently said that the cap would not hurt the financing of its “special military operation” in Ukraine.
    • Others buyers may bypass the restrictions putting countries interests first: Buyers in China and India might not go along with the cap, while Russia or China could try to set up their own insurance providers to replace those barred by US, UK and Europe. It is also possible that these countries will find creative ways to bypass the restrictions imposed by the G7.

    cap

    How impacts global oil supply chain?

    • Russian oil can now only be shipped using G7 countries infrastructure: Broadly speaking, Russian oil can now be shipped across the world using the infrastructure of the G7 countries tankers, insurers, etc only if it is sold at a price of $60 per barrel or less.
    • Higher price for buying oil from Russia: This makes buying oil from Russia at a higher price in the week prior to this announcement, Urals crude was trading in the mid-$60s range  a difficult proposition as most of the companies that offer shipping and insurance services are located in these G7 nations.
    • Countries wish to buy are at disadvantage but still not higher than brent crude oil: While Russia has refused to abide by this measure, and the cap will place countries that do opt for buying oil from Russia at a price higher than $60 at a disadvantage, it will still be at a considerable discount compared to Brent crude oil which is currently trading at around $81 per barrel.
    • Countries that continued trade despite of objections: So far, despite objections from western nations, countries like India and China have continued to trade with Russia.

    cap

    India’s response and the bilateral trade with Russia

    • India’s bilateral trade with Russia has surged to an all-time high: In fact, as reported in this paper, India’s bilateral trade with Russia has surged to an all-time high in the first five months of the year (April-August).
    • India putting its interests first and taking advantage of discounted price: Putting its interests first, India has raised its oil imports from Russia, taking advantage of the discounts being offered the country which used to import less than 1 per cent of its import requirement from Russia, now imports around a fifth from it.
    • As India is an oil importer, the trade at discounted price will give some relief in current account deficit and economic stability: After all, for an oil importer like India, which meets an overwhelming share of its requirements through imports, lower crude oil prices will moderate the price pressures in the economy and bring relief to the current account deficit, easing risks to macroeconomic stability.
    • India rejected the so-called moral duty: India has rejected any “moral” duty to join the price cap coalition.

    Conclusion

    • Attempts to use trade as a weapon will only distort the global market and hurt energy-poor consumers not responsible for the war. India’s response so far to the West’s retaliation against Russia for the war in Ukraine has been guided by its sovereign interests. This must continue to be the guiding principle.

    Mains Question

    Q. G7 recently imposed a price cap on Russian oil driven by US and west. In light of this Discuss how it disrupt the global oil supply chain and how India is responding?

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  • China reiterates ‘No First Use’ Nuke Policy

    China responded to a US report alleging a major build-up in Beijing’s nuclear capabilities. It said, it adheres to its policy of no first use of nuclear weapons.

    What is the news?

    • The Pentagon released an annual China security report that warned Beijing would likely have 1,500 nuclear.
    • China currently has 350 nuclear warheads.
    • As of 2022, Russia possesses a total of 5,977 nuclear warheads compared to 5,428 in the US inventory.

    What is ‘No First Use’ Doctrine?

    • In nuclear ethics and deterrence theory, NFU is a commitment to never use nuclear weapons first under any circumstances, whether as a pre-emptive attack or first strike, or in response to non-nuclear attack of any kind.

    Where do nuclear-armed countries stand on No First Use?

    • China is the only nuclear-armed country to have an unconditional NFU policy.
    • India maintains a policy of NFU with exceptions for a response to chemical or biological attacks.
    • France, North Korea, Pakistan, Russia, the UK and the US maintain policies that permit the first use of nuclear weapons in a conflict.
    • Israel does not acknowledge the existence of its nuclear arsenal so has no publicly known position.

    Why advocate for global NFU commitments now?

    • The world after US bombing of Japan has never faced any crises that could escalate to nuclear conflict.
    • In addition to the precarious situation on the Korean peninsula, we’re running acceptably high risks of nuclear weapons use between-
    1. NATO and Russia: Amid ongoing Ukrainian Invasion
    2. India and Pakistan: Jihadist acquiring nuclear weapons
    3. US and China: Due to provocations over the South China Sea and Taiwan
    • In fact right now the chances that nuclear weapons will be used — intentionally, accidentally, or due to miscalculation — are the highest they’ve been since the worst days of the Cold War.
    • Establishing global NFU would immediately make the world safer by resolving uncertainty about what a nuclear-armed country might do in a crisis.
    • It removes pressure and incentive for any one country to “go nuclear” first in a crisis and thus create a moral obligation on others.

    Consequences of nuclear war

    • Any use of a nuclear weapon would invite massive retaliation.
    • Not to mention the horrific aftermath of nuclear war.
    • A 2014 study shows that so-called “limited” nuclear war in South Asia, in which 100 nuclear weapons are used, would have global consequences.
    • Millions of tons of smoke would be sent into the atmosphere, plunging temperatures and damaging the global food supply.
    • Two billion people would be at risk of death by starvation.

    What lies ahead?

    • Global No First Use would be an important step toward making nuclear weapons irrelevant to national security.
    • These policies would strip nuclear weapons of value in the eyes of military planners, enable future nuclear disarmament negotiations, and accelerate the dismantling of these weapons.
    • It would also serve as a “confidence-building measure” that establishes greater trust among nuclear-armed countries.
    • It thus makes it easier to work together to reduce nuclear risks and ultimately eliminate all nuclear weapons.

     

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  • Pendency falls in the Child Adoption cases

    The pendency in the adoption of children has come down to 644 from 905 over the last two months since the new Adoption Regulations were notified.

    What is the news?

    • The Rules for the adoption of the Juvenile Justice Act were notified in September this year.

    Adoption Regulations, 2022

    • The new rules empower District Magistrates to issue adoption orders.
    • Earlier, this power was exercised by the judiciary.
    • Changes have also been made to the Child Adoption Resource Information and Guidance System (CARINGS) online platform for adoption.
    • In accordance with the new rules, prospective adoptive parents can now opt from their home State or region.
    • This has been mandated to ensure that the child and the family adjust well with each other, belonging to the same socio-cultural milieu.

    Adoption in India: A backgrounder

    • In 2015, the then Minister for Women and Child Development centralised the entire adoption system by empowering Central Adoption Resource Authority (CARA).
    • CARA is an autonomous and statutory body of Ministry of Women and Child Development set up in 2015.
    • It was empowered to maintain in various specialised adoption agencies, a registry of children, prospective adoptive parents as well as match them before adoption.
    • This was aimed at checking rampant corruption and trafficking as child care institutions and NGOs could directly give children for adoption after obtaining a no-objection certificate from CARA.

    Why is there concern over the revised rules?

    • Parents, activists, lawyers and adoption agencies will have to be transferred and the process will have to start afresh.
    • A delay in such an order can often mean that a child can’t get admission into a school because parents don’t yet have a birth certificate.
    • Parents and lawyers also state that neither judges, nor DMs are aware about the change in the JJ Act leading to confusion in the system and delays.
    • DMs don’t handle civil matters that bestow inheritance and succession rights on a child.
    • If these rights are contested when a child turns 18, a judicial order is far more tenable to ensure the child is not deprived of his or her entitlements.

    Is it such a big issue?

    • The Central Adoption Resource Authority (CARA) says there are nearly 1,000 adoption cases pending before various courts in the country.
    • This is not such a huge burden.

    What is the adoption procedure in India?  

    • Adoptions in India are governed by two laws:
    1. Hindu Adoption and Maintenance Act, 1956 (HAMA): It is a parent-centric law that provides son to the son-less for reasons of succession, inheritance, continuance of family name and for funeral rights and later adoption of daughters was incorporated because kanyadaan is considered an important part of dharma in Hindu tradition.
    2. Juvenile Justice Act, 2015: It handles issues of children in conflict with law as well as those who are in need of care and protection and only has a small chapter on adoptions.
    • Both laws have their separate eligibility criteria for adoptive parents.
    • Those applying under the JJ Act have to register on CARA’s portal after which a specialised adoption agency carries out a home study report.
    • After it finds the candidate eligible for adoption, a child declared legally free for adoption is referred to the applicant.
    • Under HAMA, a “dattaka hom” ceremony or an adoption deed or a court order is sufficient to obtain irrevocable adoption rights.

    Issues with child adoption in India

    • Parent-centrism: The current adoption approach is very parent-centred, but parents must make it child-centred.
    • Age of child: Most Indian parents also want a child between the ages of zero and two, believing that this is when the parent-child bond is formed.
    • Institutional issues: Because the ratio of abandoned children to children in institutionalised care is lopsided, there are not enough children available for adoption.
    • Lineage discrimination: Most Indians have a distorted view of adoption because they want their genes, blood, and lineage to be passed down to their children.
    • Red-tapism: Child adoption is also not so easy task after the Juvenile Justice Rules of 2016 and the Adoption Regulations of 2017 were launched.

    Practical issues in adoption

    • There are no rules for monitoring adoptions and verifying sourcing of children and determining whether parents are fit to adopt.
    • There are many problems with the adoption system under CARA but at the heart of it is the fact that there are very few children in its registry.
    • According to the latest figures there are only 2,188 children in the adoption pool, while there are more than 31,000 parents waiting to adopt a child.

     

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  • Analyzing the Reservation system and the EWS

    system

    Context

    • Reservation was introduced as a short-term measure to give opportunities to classes of people who were socially and educationally backward and/or inadequately represented in education, employment, politics and other spheres. The intent was laudable. Reservation has increased the standard of life for many. But what was supposed to be a short-term measure got extended due to various political and sociological compulsions.

    What is the idea of reservation?

    • Based on historical injustice: Reservation is intrinsically linked to the historical injustice meted out to Shudras and Dalits.
    • Reservation for egalitarian society: It was during the anti-caste movement that the idea of reservation came up as a way for an egalitarian social order, to ensure fair representation in the socio-political order, and to mitigate and compensate for the inhuman exclusion of humans based on ascriptive status.
    • Equal participation in nation building: Reservation is implemented in politics, education and public employment so that all those in the hierarchy can participate in nation-building on equal terms.

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    system

    Is the reservation system successful in eliminating the cause?

    • Cannot claim it successful: Even after seven decades of reservation, we are not able to claim success in eliminating the cause that required reservation in the first place.
    • successive governments kept extending in a hope of a different outcome: In our personal lives and careers, if a solution to a problem doesn’t give the expected result within a reasonable time frame, we reconsider the solution and try to improve it. However, successive governments kept extending the reservation system, hoping for a different outcome.
    • Reservation system being used as a self-perpetuating mechanism: People who benefited from reservation wanted the system to continue for successive generations too. It was clear that the reservation system was being used by them as a self-perpetuating mechanism.
    • Those who really need are deprived: Since the reservation is used as perpetuating mechanism, those who really needed reservation were deprived of its benefits.

    Analysis over the outcomes of reservation system and the rising silent demands

    • Background, at the time of Independence and the family professions: At the time of Independence, the economy was primarily agrarian and based on traditional commerce. People were largely unskilled. They continued engaging in the professions that their family had practiced for generations.
    • Profession changed from caste-based to skill-based: Free school education and industrialization helped people learn new skills, which gave them scope to migrate to greener pastures. As cities became cosmopolitan, the class divide became a thing of the past. Employment in the industrial sector became largely skill-based rather than caste-based.
    • Social and educational backwardness go hand-in-hand with economic weakness: More than 70 years of reservation has brought economic prosperity to a large section of people and given them adequate representation.
    • Befitted should make a way for others and to completely oppose the demands: Ideally, families that have been brought above the poverty line through adequate employment opportunities and other benefits should make way for others who are less fortunate; instead, they oppose extending the system to the economically weaker sections (EWS) of society only because some of the beneficiaries could be from the so-called ‘forward’ communities.
    • Caste system becoming less prevalent in today’s technology cum information age: The cause for social inequality and oppression was somewhat wrongly attributed to a particular faith and the practice of caste system prevalent in those days. In this technology-cum-information age, the surging middle class population makes the caste system less prevalent.
    • Economic prosperity helps to neutralise the social injustice: The economic prosperity seen today has neutralised to a large extent the very reason for social injustice the class disparity.
    • The reservation is still kept alive: However, the caste and reservation system are still being kept alive only so that political parties and those who have benefited from the system so far can continue to milk it.

    system

    What are the Misconceptions clarification and the judgement over EWS

    • Misunderstanding that the basic structure of the constitution may violet: Most objections to this come from a misunderstanding that the basic structure of the Constitution has been violated by the EWS amendment, which seeks to empower the privileged sections of society who are neither socially and educationally backward nor inadequately represented.
    • Misconception that it will reduce the availability of seats: Another misconception is that the 10% quota in the open category in favour of ‘forward’ communities reduces the availability of seats in the open category for other classes and communities.
    • What the government clarified: The government has clarified that this 10% is in addition to the existing reservation in favour of SEBCs. This means it does not in any way affect reservation up to 50% for SEBCs, OBCs, SCs and STs.
    • The egalitarian judgement: The judgment that sets the basis for this 10% quota said, “If an egalitarian socio-economic order is the goal, the deprivations arising from economic disadvantages, including those of discrimination and exclusion, need to be addressed to by the State; and for that matter, every affirmative action has the sanction of our Constitution.”

    system

    Conclusion

    • The government has a constitutional and moral duty to achieve the goal of “social, economic and political justice,” mentioned in the Preamble. The 10% quota for the EWS aims to correct an anomaly in the system that is depriving deserving and qualified people. We need to accept that reservation on the basis of economic criteria is the need of the hour and the stepping stone to achieving economic and social justice.

     

  • There should be uniformity in the rules for granting parole

    rules

    Context

    • There was a huge uproar in the media when Dera Sacha Sauda chief Gurmeet Ram Rahim Singh, a convict serving a 20-year prison sentence for raping two disciples, was seen organising an online ‘satsang’ while on a 40-day parole in October. On the other hand, S. Nalini, a convict in the Rajiv Gandhi assassination case, who was serving life imprisonment, was given several extensions of parole from December 2021 until her release. Lack of uniformity in parole rules does not bode well for the criminal justice system.

    What is Parole and furlough?

    • Short term release: Furlough and parole envisage a short-term release from custody, both aimed as reformative steps towards prisoners.
    • Not a Right but a case of Specific exigency: Parole is granted to meet a “specific exigency” and cannot be claimed as a matter of right.
    • Circumstances considered: Both provisions are subject to the circumstances of the prisoner, such as jail behaviour, the gravity of offences, sentence period and public interest.

    Is there any specific provision pertaining to parole and/or furlough?

    • No specific provision: The Prisons Act, 1894, and the Prisoners Act, 1900, did not contain any specific provision pertaining to parole and/or furlough.
    • State are empowered to make such rules: Section 59 of the Prisons Act empowers States to make rules inter alia “for the shortening of sentences” and “for rewards for good conduct”.

    You must know

    • Since “prisons, reformatories” fall in the State List of the Seventh Schedule of the Constitution, States are well within their reach to legislate on issues related to prisons.

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    rules

    Parole rules are different for different states and on different case

    • Suspension of sentence in Uttar Pradesh: The Uttar Pradesh rules provide for the ‘suspension of sentence’ (without mentioning the term parole or furlough or leave) by the government generally up to one month. However, the period of suspension may exceed even 12 months with prior approval of the Governor.
    • Maharashtra rules: Maharashtra’s rules permit release of a convict on ‘furlough’ for 21 or 28 days (depending upon the term of sentence), on ‘emergency parole’ for 14 days, and on ‘regular parole’ for 45 to 60 days.
    • Revised rules in Haryana: The recently revised rules of Haryana (April 2022) permit ‘regular parole’ to a convict up to 10 weeks (in two parts), ‘furlough’ for three to four weeks in a calendar year, and ‘emergency parole’ up to four weeks. Ram Rahim is on his regular parole.
    • Rules of leaves and its extension in Tamin Nadu and the Nalini case: Though the Tamil Nadu rules of 1982 permit ‘ordinary leave’ for a period of 21 to 40 days, ‘emergency leave’ is permitted up to 15 days (to be spread over four spells). However, in exceptional circumstances, the government may extend the period of emergency leave. Till recently, Nalini was on extended emergency leave owing to her mother’s illness.
    • Unlike TN, rules in Andhra Pradesh prohibit extension: Surprisingly, the Andhra Pradesh rules specifically prohibit such extension (Nalini extension) on account of the continued illness of a relative of a prisoner. They permit ‘furlough’ and parole/emergency leave up to two weeks, except that the government may extend parole/emergency leave in special circumstances.
    • Odisha: Similarly, Odisha rules permit ‘furlough’ for up to four weeks, ‘parole leave’ up to 30 days and ‘special leave’ up to 12 days.
    • West Bengal: West Bengal provides for releasing a convict on ‘parole’ for a maximum period of one month and up to five days in case of any ‘emergency’.
    • Kerala: Kerala provides for 60 days of ‘ordinary leave’ in four spells, and up to 15 days ‘emergency leave’ at a time.

    Provision of ‘Custody parole’

    • Custody parole: Release of a prisoner, who is ineligible for a leave under the police escort for some hours for extreme emergency cases.
    • Custody parole In Haryana: A hardcore convict, who is ineligible for any parole or furlough, may be released for attending the funeral or marriage of a close relative under police escort for a period not exceeding six hours. Haryana has a long list of ‘hardcore’ prisoners who are not entitled to be released except on ‘custody parole’ under certain conditions.
    • In Tamil Nadu: In Tamil Nadu, police escort is given to a prisoner who is released on emergency leave and is dangerous to the community.
    • Kerala: Similarly, in Kerala, prisoners who are not eligible for emergency leave may be granted permission for visit under police escort for a maximum period of 24 hours.
    • States that do not permit such provision: Andhra Pradesh, Maharashtra, Kerala and West Bengal do not permit release of habitual criminals and convicts, who are dangerous to society, under Sections 392 to 402 of the Indian Penal Code.

    rules

    The rules of set by the states vary in scope and content

    • Furlough is as incentive: While ‘furlough’ is considered as an incentive for good conduct in prison and is counted as a sentence served.
    • Parole: parole or leave is mostly a suspension of sentence. Emergency parole or leave is granted for specified emergencies such as a death, serious illness or marriage in the family. While most States consider only close relatives such as spouse, parents, son, daughter, brother and sister as close family, Kerala has a long list of more than 24 relatives in case of death and 10 in case of marriage.
    • Different circumstances in different states: Though regular parole or leave is granted after serving minimum sentence (varying from one year to four years) in prison, some States include other familial and social obligations such as sowing or harvesting of agricultural crops, essential repair of house, and settling family disputes. In Kerala, a convict becomes eligible for ordinary leave after serving one-third of a year in prison if he is sentenced for one year.
    • Concern raised: Despite the fact that temporary release cannot be availed of as a matter of right, the above provisions demonstrate that each State has its own set of rules which not only vary in scope and content, but may also be flouted to give favours to a few.

    Conclusion

    • Without any common legal framework in place to guide the States and check misuse, arbitrariness is likely to creep in, endangering the entire criminal justice system. With ‘prisons’ in the State List, this task is not feasible unless at least half of the States come together to request the Central government to legislate a common law for the country on parole and furlough.

    Mains question

    Q. What is parole or furlough? The entire criminal justice system in the country is in jeopardy due to lack of uniformity in rules. Discuss.

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  • Exit Polls and their Regulation in India

    poll

    As voting for Gujarat elections ended, exit polls are out on the news channels.

    What are Exit Polls?

    • An exit poll asks voters which political party they are supporting after they have cast their votes in an election.
    • In this, it differs from an opinion poll, which is held before the elections.
    • An exit poll is supposed to give an indication of which way the winds are blowing in an election, along with the issues, personalities, and loyalties that have influenced voters.
    • Today, exit polls in India are conducted by a number of organisations, often in tie-ups with media organisations.
    • The surveys can be conducted face to face or online.

    Issues with exit polls

    • Accuracy: Some common parameters for a good, or accurate, opinion poll would be a sample size that is both large and diverse, and a clearly constructed questionnaire without an overt bias.
    • Politicization: Political parties often allege that these polls are motivated, or financed by a rival party.
    • Manipulation for popularity: Critics also say that the results gathered in exit polls can be influenced by the choice, wording and timing of the questions, and by the nature of the sample drawn.

    History of exit polls in India

    • In 1957, during the second Lok Sabha elections, the Indian Institute of Public Opinion had conducted such a poll.

    Rules governing exit polls in India

    • In India, results of exit polls for a particular election are not allowed to be published till the last vote has been cast.
    • The issue of when exit polls should be allowed to be published has gone to the Supreme Court thrice in various forms.
    • Currently, exit polls can’t be telecast from before voting begins till the last phase concludes.

    Need of such polls

    • Popular opinion: Polls are simply a measurement tool that tells us how a population thinks and feels about any given topic.
    • Specific viewpoint: Polls tell us what proportion of a population has a specific viewpoint.
    • Opportunity to express: Opinion polling gives people who do not usually have access to the media an opportunity to be heard.

    Issues with such polls (in context of elections)

    • Authenticity: Critics have often questioned their authenticity.
    • Manipulation of voters: This largely manipulates voting behavior.
    • Sensationalization by media: The media, on the other hand, invariably opposes the idea of a ban as seat forecasts attract primetime viewership.
    • Ridiculing the public mandate: The exit polls largely disrespect public opinions inciting confusion regarding the election mandate.

    Why does it persist in India?

    Ans. Exercise of Free Speech

    • The opposition to the ban in India is mainly on the ground that freedom of speech and expression is granted by the Constitution (Article 19).
    • What is conveniently forgotten is that this freedom is not absolute and allows for “reasonable restrictions” in the same article.

    Limited restrictions that we have in India

    • RP Act: The Indian Penal Code and Representation of the People Act, 1951 do contain certain restrictions against disinformation.
    • Restrictions on A19: While the Constitution allows for reasonable restrictions on freedom of expression, its mandate to the ECI for free and fair elections is absolute.
    • Supreme Court interpretations: The Supreme Court (SC), in a series of judgments, has emphasized this requirement.
    • Basic structure doctrine: It considers free and fair elections is the basic structure of the Constitution (PUCL vs Union of India, 2003; NOTA judgment, 2013).

    How does it impact the election process?

    • Prevalence of paid news in India: Having seen “paid news” in action, it apprehends that some opinion polls may be sponsored, motivated and biased.
    • Opacity: Almost all polls are non-transparent, providing little information on the methodology.
    • Propaganda: Subtle propaganda on casteist, religious and ethnic basis as well as by the use of sophisticated means like the alleged poll surveys create public distrust in poll process.
    • Disinformation: With such infirmities, many “polls” amount to misinformation that can result in “undue influence”, which is an “electoral offense” under IPC Section 171 (C). It is a “corrupt practice” under section 123 (2) of the RP Act.
    • Betting: The polling agencies manipulate the margin of error, victory margin for candidates, seat projections for a party or hide negative findings.

    Way forward

    • Independent regulator: Ideally a body like the British Polling Council would be a viable option. India could set up its own professional, self-regulated body on the same lines say Indian Polling Council.
    • Mandatory disclosure: All polling agencies must disclose for scrutiny the sponsor, besides sample size, methodology, time frame, quality of training of research staff, etc.

     

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  • OBC Sub-Categorization Panel’s Report in ‘Final Stages’

    After more than five years of its formation, the commission for the sub-categorization under Justice Rohini of the Other Backward Classes (OBC) is now in the final stages of finishing its task.

    Why in news?

    • The commission is expected to come up with a formula to further classify the nearly 3,000 caste groups and preparing a report on it.
    • This is perceived as crucial development before next Lok Sabha elections.

    OBCs and their sub-categorization

    • OBCs are granted 27% reservation in jobs and education under the central government.
    • In September 20202, a Constitution Bench of the Supreme Court reopened the legal debate on the sub-categorization of SCs and STs for reservations.
    • The debate arises out of the perception that only a few affluent communities among over 2,600 included in the Central List of OBCs have secured a major part of this 27% reservation.

    Need for sub-categorization

    • The argument for sub-categorization — or creating categories within OBCs for reservation — is that it would ensure “equitable distribution” of representation among all OBC communities.
    • To examine this, the Rohini Commission was constituted on October 2, 2017.
    • At that time, it was given 12 weeks to submit its report but has been given several extensions since, the latest one being the 10th.
    • Before the Rohini Commission was set up, the Centre had granted constitutional status to the National Commission for Backward Classes (NCBC).

    What are the Commission’s terms of reference?

    It was originally set up with three terms of reference:

    1. To examine the extent of inequitable distribution of benefits of reservation among the castes or communities included in the broad category of OBCs with reference to such classes included in the Central List;
    2. To work out the mechanism, criteria, norms and parameters in a scientific approach for sub-categorization within such OBCs;
    3. To take up the exercise of identifying the respective castes or communities or sub-castes or synonyms in the Central List of OBCs and classifying them into their respective sub-categories.

    The fourth term of reference was added on January 22, 2020, when the Cabinet granted it an extension:

    1. To study the various entries in the Central List of OBCs and recommend correction of any repetitions, ambiguities, inconsistencies and errors of spelling or transcription.

    Why so many extensions are being given?

    • This was added following a letter to the government from the Commission on July 30, 2019.
    • In process of preparing the sub-categorized central list of OBCs, the Commission has noted several ambiguities in the list as it stands now.
    • The Commission is of the opinion that these have to be clarified/rectified before the sub-categorized central list is prepared.

    What progress has it made so far?

    • In its letter to the government on July 30, 2019, the Commission wrote that it is ready with the draft report (on sub-categorization).
    • Following the latest term of reference given (on January 22, 2020) to the Commission, it is studying the list of communities in the central list.

    How smooth has its work been?

    • A hurdle for the Commission has been the absence of data for the population of various communities to compare with their representation in jobs and admissions.
    • On August 31, 2018, then Home Minister had announced that in Census 2021, data of OBCs will also be collected, but since then the government has been silent on this.
    • Many groups of OBCs have been demanding the enumeration of OBCs in the Census.

    What have its findings been so far?

    • In 2018, the Commission analyzed the data of 1.3 lakh central jobs given under OBC quota over the preceding five years and OBC admissions to central higher education institutions.
    • The findings were: 97% of all jobs and educational seats have gone to just 25% of all sub-castes classified as OBCs; 24.95% of these jobs and seats have gone to just 10 OBC communities.
    • 983 OBC communities — 37% of the total — have zero representation in jobs and educational institutions; 994 OBC sub-castes have a total representation of only 2.68% in recruitment and admissions.

     

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