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  • Mental Health in india

    mental wellnessContext

    • How to deal with mental wellness challenges in the uniformed forces

    What is stress?

    • Stress is a feeling of emotional or physical tension. It can come from any event or thought that makes you feel frustrated, angry, or nervous. Stress is your body’s reaction to a challenge or demand.

    What is mental wellness?

    • Mental wellness encompasses emotional, psychological, and social well-being. It influences cognition, perception, and behaviour. It also determines how an individual handles stress, interpersonal relationships, and decision-making.

    Why is Mental Health Important?

    • Mental health is more important now than ever before; it impacts every area of our lives. The importance of good mental health ripples into everything we do, think, or say.

    mental wellnessReasons for Persistence of Mental Illness

    • Stigma to seek help: The staggering figures are void of millions of others directly, or indirectly impacted by the challenge and those who face deep-rooted stigma, many times rendering them unable to seek help.
    • Lack of awareness: This growing challenge in dealing with mental health issues is further compounded by a lack of information and awareness, self-diagnosis, and stigma.
    • Psycho-social factors: Institutions like gender, race and ethnicity, are also responsible for mental health conditions.
    • Post-Treatment gap: There is a need for proper rehabilitation of the mentally ill persons post/her treatment which is currently not present.
    • Rise in Severity: Mental health problems tend to increase during economic downturns, therefore special attention is needed during times of economic distress.

    mental wellnessOngoing challenges in mental wellness regime

    • There is a need to expand understanding of the full scope of what uniformed Services and other mental health experts can achieve.
    • Stigma regarding mental health both domestically and around the world remains strong.
    • There is a lack of trained personnel and healthcare and public health systems in many areas of the world.
    • Training needs are broad and reach beyond direct patient care, especially regarding cultural competence, crisis communication, and consultation.
    • There is a need for expanded support for the value of multi-professional and multi-organizational integration and collaboration.

    Government Policy initiatives

    • National Mental Health Program (NMHP): To address the huge burden of mental disorders and shortage of qualified professionals in the field of mental health, the government has been implementing the NMHP since 1982.
    • Mental HealthCare Act 2017: It guarantees every affected person access to mental healthcare and treatment from services run or funded by the government.
    • Rights of Persons with Disabilities Act, 2017: The Act acknowledges mental illness as a disability and seeks to enhance the Rights and Entitlements of the Disabled and provide an effective mechanism for ensuring their empowerment and inclusion in the society
    • Manodarpan Initiative: An initiative under Atmanirbhar Bharat Abhiyan aims to provide psycho-social support to students for their mental health and well-being.

    What needs to be done?

    • Open dialogue: The practice of open dialogue, a therapeutic practice that originated in Finland, runs through many programmes in the Guidance. This approach trains the therapist in de-escalation of distress and breaks power differentials that allow for free expression.
    • Increase investment: With emphasis on social care components such as work force participation, pensions and housing, increased investments in health and social care seem imperative.
    • Network of services: For those homeless and who opt not to enter mental health establishments, we can provide a network of services ranging from soup kitchens at vantage points to mobile mental health and social care clinics.

    Conclusion

    • Persons with mental health conditions need a responsive care system that inspires hope and participation without which their lives are empty. We should endeavour to provide them with such a responsive care system.

    Mains question

    Q. Mental disorders are now among the top leading causes of health burden worldwide, with no evidence of global reduction since 1990. Examine.

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  • Preventive Detention

    Preventive detentions in 2021 up by 23.7% compared to year before - The  Hindu

    Preventive detentions in 2021 saw a rise by over 23.7% compared with the year before, with over 1.1 lakh people being placed under preventive detention, according to statistics released by the National Crime Records Bureau (NCRB).

    What does NCRB report say on Preventive Detention?

    • Over 24,500 people placed under preventive detention were either in custody or still detained as of 2021-end — the highest since 2017 when the NCRB started recording this data.
    • Over 483 were detentions under the National Security Act, of which almost half (241) were either in custody or still detained as of 2021-end.
    • In 2017, the NCRB’s Crime in India report found that 67,084 persons had been detained as a preventive measure that year.
    • Of these, 48,815 were released between one and six months of their detention and 18,269 were either in custody or still in preventive detention as of the end of the year.

    Various provisions invoked for Preventive Detention

    • Among other laws under which the NCRB has recorded data on preventive detentions are the:
    1. Goonda Act (State and Central) (29,306),
    2. Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 (1,331), and
    3. A category classified as “Other Detention Acts”, under which most of the detentions were registered (79,514).
    • Since 2017, the highest number of persons to be placed under preventive detention has consistently been under the “Other Detention Acts” category.

    Concerns over the report

    • The number of persons placed under detention has been increasing since 2017 — to over 98,700 in 2018 and over 1.06 lakh in 2019 — before dipping to 89,405 in 2020 (due to lockdowns).
    • The number of persons placed under preventive detention has seen an increase in 2021.

    What is Preventive Detention?

    • Preventive detention means detaining a person so that to prevent that person from commenting on any possible crime.
    • In other words, preventive detention is an action taken by the administration on the grounds of the suspicion that some wrong actions may be done by the person concerned which will be prejudicial to the state.

    Preventive Detention in India

    A police officer can arrest an individual without orders from a Magistrate and without any warrant if he gets any information that such an individual can commit any offense.

    • Preventive Detention Law, 1950: According to this law any person could be arrested and detained if his freedom would endanger the security of the country, foreign relations, public interests, or otherwise necessary for the country.
    • Unlawful Activities Prevention Act (UAPA) 1968: Within the ambit of UAPA law the Indian State could declare any organization illegal and could imprison anyone for interrogation if the said organization or person critiqued/questioned Indian sovereignty territorially.

    What is the difference between Preventive Detention and an Arrest?

    • An ‘arrest’ is done when a person is charged with a crime.
    • In the case of preventive detention, a person is detained as he/she is simply restricted from doing something that might deteriorate the law-and-order situation.
    • Article 22 of the Indian Constitution provides protection against arrest and detention in certain cases.

    Rights of an Arrested Person in India

    A/c to Article 22(1) and 22(2) of the Indian constitution:

    • A person cannot be arrested and detained without being informed why he is being arrested.
    • A person who is arrested cannot be denied to be defended by a legal practitioner of his choice. This means that the arrested person has right to hire a legal practitioner to defend himself/ herself.
    • Every person who has been arrested would be produced before the nearest magistrate within 24 hours.
    • The custody of the detained person cannot be beyond the said period by the authority of magistrate.

    Exceptions for Preventive Detention

    Article 22(3) says that the above safeguards are not available to the following:

    • If the person is at the time being an enemy alien
    • If the person is arrested under certain law made for the purpose of “Preventive Detention”

    Constitutional provision

    • It is extraordinary that the framers of the Indian Constitution, who suffered most because of the Preventive Detention Laws, did not hesitate to give Constitutional sanctity.
    • B.R. Ambedkar was of the opinion that the freedom of the individual should not supersede the interests of the state.
    • He had also stated that the independence of the country was in a state of inflancy and in order to save it, preventive detention was essential.

    Issues with preventive detention

    • Arbitrariness: The police determinations of whether a person poses a threat are not tested at a trial by leading evidence or examined by legally trained persons.
    • Rights violation: Quiet often, there is no trial (upto 3 months), no periodic review, and no legal assistance for the detained person.
    • Abuse: It does not provide any procedural protections such as to reduce detainees’ vulnerability to torture and discriminatory treatment, and to prevent officials’ misusing preventive detention for subversive activities.
    • Tool for suppression: In the absence of proper safeguards, preventive detention has been misused, particularly against the Dalits and the minorities.

    What has the apex court recently rule?

    • Preventive detention is a necessary evil only to prevent public disorder, ruled the Supreme Court in 2021.
    • The State should not arbitrarily resort to “preventive detention” to deal with all sundry “law and order” problems, which could be dealt with by the ordinary laws of the country.
    • Whenever an order under a preventive detention law is challenged, one of the questions the court must ask in deciding its legality is: was the ordinary law of the land sufficient to deal with the situation?
    • If the answer is in the affirmative, the detention order will be illegal.

    Upholding the Article 21

    • Preventive detention must fall within the four corners of Article 21 (due process of law) read with Article 22 (safeguards against arbitrary arrest and detention) and the statute in question, Justice Nariman ruled.
    • The Liberty of a citizen is a most important right won by our forefathers after long, historical, and arduous struggles.

    Way forward

    • Having such kind of acts has a restraining influence on the anti-social and subversive elements.
    • India is a large country and many separatist tendencies against the national security and integrity existed and existing and a strict law is required to counter the subversive activities.
    • The number of persons detained in these acts is not a very large and due attention is made before preventive detention.
    • The state should have very effective powers to deal with the acts in which the citizens involve in hostile activities, espionage, coercion, terrorism, etc.

     

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  • Ban on Conversion Therapy for the LGBTQIA+ Community

    The National Medical Commission (NMC), the apex regulatory body of medical professionals in India, has written to all State Medical Councils, banning sexual conversion therapy and calling it a “professional misconduct”.

    What is the news?

    • The NMC has empowered the State bodies to take disciplinary action against medical professionals who breach the guideline.
    • The NMC was following a Madras High Court directive to issue an official notification listing conversion therapy as a wrong, under the Indian Medical Council (Professional Conduct, Etiquettes and Ethics) Regulations, 2002.

    What is Sexual Conversion Therapy?

    • Conversion or reparative therapy is an intervention aimed at changing the sexual orientation or gender identity of an individual.
    • It uses either psychiatric treatment, drugs, exorcism and even violence, with the aim being to make the individual a heterosexual.
    • The conversion therapy umbrella also includes efforts to change the core identity of youth whose gender identity is incongruent with their sex anatomy.
    • Often, the therapy is offered by quacks with little expertise in dealing with the issue.
    • As late as 2018, medical books listed homosexuality and lesbianism as a “perversion”.

    What are the risks?

    • The interventions under conversion therapy are provided under the false premise that homosexuality and diverse gender identities are pathological.
    • They are not; the absence of pathology means there is no need for conversion or any other like intervention.
    • Conversion therapy poses the risk of causing or exacerbating mental health conditions, like anxiety, stress and drug use which sometimes even lead to suicide.

    What is the role of the Madras High Court in the ban?

    On June 7, 2021, Justice N. Anand Venkatesh of the Madras High Court gave a landmark ruling on a case he was hearing about the ordeal of a same-sex couple who sought police protection from their parents.

    • Pending adequate legislation more protective of the community, Justice Venkatesh issued a slew of interim guidelines.
    • It aimed for the police, activists, Union and State Social Welfare Ministries, and the National Medical Commission to ensure their safety and security to lead a life chosen by them.
    • The ruling prohibited any attempt to medically “cure” or change the sexual orientation of LGBTQIA+ (lesbian, gay, bisexual, transgender, queer, intersex, asexual or of any other orientation) people.
    • It urged the authorities to take action against professionals involving themselves in any form or method of conversion therapy,” which could include the withdrawal of licence to practice medicine.
    • On July 8, 2022, the court gave an order to the NMC directing it to issue necessary official notification by enlisting ‘Conversion Therapy’ as a professional misconduct.

    What were some of the other guidelines issued by the court?

    • The court asked the Ministry of Social Justice & Empowerment to draw up a list of NGOs and other groups which could handle the issues faced by the community, and gave it a time of 8 weeks from the date of the order.
    • The court said the community should be provided with legal assistance by the District Legal Services Authority in coordination with law enforcement agencies.
    • It asked agencies to follow the Transgender Persons (Protection of Rights) Rules, 2020, and the Transgender Persons (Protection of Rights) Act, 2019, in letter and spirit.
    • The court said it was imperative to hold sensitisation programmes for an all-out effort to understand the community and its needs.

    Way forward

    • Schools and colleges must effect changes in curricula for a better understanding of the community.
    • People of a different sexual orientation or gender identity often narrate harrowing tales of bullying, discrimination, stigma and ostracization.
    • Gender-neutral restrooms should be compulsory in educational institutes and other places.
    • Parents too need to be sensitised, because the first point of misunderstanding and abuse often begins at home, with teenagers being forced to opt for “conversion” therapies.
    • Health professionals point out that even adults opting for sex reassignment surgeries need to get proper guidance like therapy pre and post operation.

    Back2Basics: Transgender Persons (Protection of Rights) Act, 2019: Key Features

    Defining Transperson

    • The act defines a transgender person as one whose gender does not match the gender assigned at birth.
    • It includes trans-men and trans-women, persons with intersex variations, gender-queers, and persons with socio-cultural identities, such as kinnar and hijra.

    Prohibition against discrimination

    • It prohibits the discrimination against a transgender person, including denial of service or unfair treatment in relation to education, employment, healthcare, access to, or enjoyment of goods, facilities, opportunities available to the public.
    • Every transgender person shall have a right to reside and be included in his household.
    • No government or private entity can discriminate against a transgender person in employment matters, including recruitment, and promotion.

    HRD measures

    • A transgender person may make an application to the District Magistrate for a certificate of identity, indicating the gender as ‘transgender’.
    • Educational institutions funded or recognised by the relevant government shall provide inclusive facilities for transgender persons, without discrimination.
    • The government must provide health facilities to transgender persons including separate HIV surveillance centres, and sex reassignment surgeries.

    Grievances redressal

    • The National Council for Transgender persons (NCT) chaired by Union Minister for Social Justice, will advise the central government as well as monitor the impact of policies with respect to transgender persons.
    • It will also redress the grievances of transgender persons.

    Legal Protection

    • The Bill imposes penalties for the offences against transgender persons like bonded labour, denial of use of public places, removal from household & village and physical, sexual, verbal, emotional or economic abuse.

     

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  • Untangling Kerala’s Lokayukta Amendment Controversy

    The Kerala Legislative Assembly passed the Kerala Lok Ayukta (Amendment) Bill on August 30, amid a boycott.

    Who are Lokpal-Lokayuktas?

    • The Lokpal-Lokayukta issue has always generated intense debate in the country.
    • In fact, this term was first used in a report of the Administrative Reforms Commission headed by Morarji Desai as far back as in 1966.
    • Political corruption had become rampant by then and it was thought that a credible system of an ombudsman should be established to redress public grievances against the leaders and public officials.
    • The first Bill on Lokpal was introduced in the Lok Sabha in 1968 which lapsed with the dissolution of the House.
    • Anna Hazare’s movement and the active involvement of civil society generated a lot of moral pressure on the Government which ultimately led to the passing of the Bill in 2013.

    Composition of Lokpal

    • The Lokpal is no ordinary investigative body.
    • It is headed by the incumbent Chief Justice of India or a retired judge.
    • It has eight members, four of whom are judicial members.
    • Thus the whole system is studded with judges or judicial men.
    • The Lokpal has an inquiry wing and a prosecution wing to deal with investigation and prosecution, respectively.
    • The director of prosecution files the case in the special court based on the findings of the Lokpal.

    Who falls under the ambit of Lokpal?

    • The Lokpal has jurisdiction to inquire into allegations of corruption against the Prime Minister, Ministers, Members of Parliament, Group A, B, C and D officers and officials of the central government.
    • After the conclusion of the investigation, the Lokpal may file a case in the special court in case the findings disclose the commission of offence under the Prevention of Corruption Act by the PM, Ministers or MPs.
    • However, the Lokpal does not have the power to ask the President to remove the Prime Minister or a Minister from office.

    What about the states?

    • The Lokpal and Lokayukta Act delegates the power to States to establish by law the Lokayukta to deal with complaints relating to corruption against public functionaries.
    • Some States already have established Lokayuktas. For example, Maharashtra in 1971, and Kerala in 1999.

    What is the Keralan controversy?

    • In order to get a clearer perspective on the Kerala Lokayukta controversy, it is necessary to understand the scheme of the Lokpal and Lokayuktas Act enacted by Parliament.
    • The long title of the Act says: “An Act to provide for the establishment of a body of Lokpal for the Union and Lokayukta for States to inquire into allegations of corruption against certain public functionaries….”
    • Thus, the Lokpal is conceived of as a body which will inquire into allegations of corruption.
    • It is basically an investigative body whose task is to conduct prompt and fair investigation and the prosecution of cases of corruption.

    Issues with the Amendment

    • The amendments were related to the competent authority to consider Lok Ayukta recommendations.
    • In the case of any unfavourable decision from the Lok Ayukta against the CM, the competent authority will now be the Legislative Assembly instead of the Governor as is prescribed in the existing Act.
    • The amendment tries to take away at the powers of the Governor.
    • The Lokayukta has indirectly expressed its resentment over the attempt to take away some of its powers.

    Arguments by Kerala Government

    • The Government, on the other hand, claims that through the amendment, a provision in the original Act which is unconstitutional has been excised.
    • Earlier it gave power to the Lokayukta to give directions to the Governor to remove a CM or a Minister on being found guilty of corruption.
    • This meant that the Lokayukta was to be over and above the office of Governor.

    Legal and constitutional implications

    Two important points need to be made here:

    (A) Overpowering the Lokpal

    • One, an investigative body does not have the legal authority to direct the public servant to resign his post on the basis of its findings.
    • It can only submit its findings to the competent authority or, as is provided in the Lokpal Act, file a case in the special court.
    • The Lokayukta is basically an investigative body with certain powers to carry out an investigation into cases relating to the Prevention of Corruption Act.
    • The only special feature of this body is that it is headed by a retired judge of the Supreme Court or a retired Chief Justice of a High Court.
    • But that does not alter the basic character of the Lokayukta as an investigative body.

    (B) Compulsion on Governor

    • The Chief Minister or a Minister holds office during the pleasure of the Governor (Article 164).
    • The Constitution of India does not contemplate any external pressure on the Governor to withdraw his pleasure.
    • The Sarkaria Commission had suggested that the Governor can dismiss a Chief Minister only when he loses his majority in the Assembly and refuses to step down.
    • The Supreme Court has accepted this recommendation of the Sarkaria Commission.
    • Another occasion when the Governor could withdraw his pleasure is on account of CM having been convicted in a criminal case and sentenced to not less than two years of imprisonment.
    • In other words, a Chief Minister cannot be asked to resign when he enjoys a majority in the House.
    • The Governor, being a high constitutional authority, cannot be compelled by a law to act in a particular manner so far as his constitutional duties and functions are concerned.

    Other contentious provisions

    (1) Undue burden on Political Parties

    • There are some other provisions as well which may not stand legal scrutiny.
    • For example, this law includes the office bearers of political parties within its definition of ‘public servant’.
    • Basically, the Prevention of Corruption Act deals with corruption in the government and allied agencies, statutory bodies, elected bodies, etc.
    • The functionaries of political parties do not come within the mischief of this law. So, it is difficult to understand how they can be brought within the sweep of the Lokayukta Act.

    (2) Reports of Lokayukta

    • Another problematic provision in this law is the one which deals with the reports of Lokayukta (Section 12).
    • It says that the Lokayukta shall, on the allegation of corruption being substantiated, send the findings along with recommendation of action to the competent authority who is required to take action as recommended by the Lokayukta.
    • It further says that if the Lokayukta is satisfied by the action taken by the competent authority, he shall close the case.
    • The question is how the Lokayukta can close a corruption case which is a criminal case and which invites imprisonment for three to seven years.
    • The Lokpal files the case in the court after the investigation. There is no provision in the central law under which the Lokpal can close the case before it reaches the court.
    • The Lokayukta not being a court does not have the legal capacity to close the corruption case under any circumstances.

    Way forward

    • The Kerala Lokayukta Act should be re-examined by a committee of the Assembly and should be brought on a par with the Lokpal Act.
    • Legislation that seeks to punish corrupt functionaries should be placed above controversies.

    Back2Basics: Lokpal Movement

    • The Lokpal, the apex body to inquire and investigate graft complaints against public functionaries, came into being with the appointment of its chairperson and members in March 2019.
    • In March 2019, former SC judge Justice Pinaki Chandra Ghose was selected as the first head of the Lokpal.

    Lokpal and Lokayuktas Act, 2013

    • The Lokpal Act 2013 is anti-corruption legislation that seeks to provide for the establishment of the institution of Lokpal.
    • It seeks to inquire into allegations of corruption against certain important public functionaries including the PM, cabinet ministers, MPs, Group A officials of the Central Government, etc.
    • The Bill was introduced in the parliament following massive public protests led by anti-corruption crusader Anna Hazare and his associates.
    • The Bill is one of the most widely discussed and debated Bills in India in recent times.

    Its history

    • The term Lokpal was coined in 1963 by Laxmi Mall Singhvi, a member of parliament during a parliamentary debate about grievance mechanisms.
    • The Administrative Reforms Commission (ARC) headed by Morarji Desai submitted an interim report on “Problems of Redressal of Citizen’s Grievances” in 1966.
    • In this report, ARC recommended the creation of two special authorities designated as ‘Lokpal’ and ‘Lokayukta’ for a redress of citizens’ grievances.
    • Maharashtra was the first state to introduce Lokayukta through The Maharashtra Lokayukta and Upa-Lokayuktas Act in 1971.

     

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  • Regional Benches of Supreme Court

    TN Chief Minister yet again reiterated the State’s request for establishing a Regional Bench of the Supreme Court in Chennai and allowing Tamil to be used in the Madras High Court as one of its official languages.

    Why in news?

    • Outgoing Vice President, M Venkaiah Naidu suggested bifurcation of the Supreme Court into four regional benches for speedy disposal of cases.
    • However, the Supreme Court has maintained on previous occasions that there is no need for such benches outside Delhi.

    Why the Supreme Court is located in New Delhi?

    • Article 130 of the Constitution of India reads- The Supreme Court shall sit in Delhi or in such other place or places, as the Chief Justice of India may, with the approval of the President, from time to time, appoint.
    • The law thus provides scope for setting up the Supreme Court in multiple places, subject to the concurrence of the CJI and the President.

    Who can establish the SC benches outside New Delhi?

    • The Supreme Court in Union of India v. S.P. Anand Verdict (2009), held that the Article vests exclusive discretionary powers on the matter with the Chief Justice of India.
    • It is an enabling provision and if the Chief Justice (after taking relevant factors into account) feels that the Court should sit elsewhere, s/he can seek the President’s approval for it.
    • No authority can compel the Chief Justice of India to act in a particular way under the Article.

    Voices for circuit benches

    • The Law Commission in its 229th Report had suggested setting up a Constitution Bench of the Court in New Delhi and four other benches in different regions i.e., Northern region in Delhi, Southern region in Chennai/Hyderabad, Easter region in Kolkata and Western region in Mumbai.
    • However, this idea did not find favour with the Judges of the Supreme Court.

    Reasons for having Regional/Circuit Benches

    • Access to Justice: Many litigants are discouraged to travel to Delhi from far away locations like south or northeast India.
    • Geographical Constraints: A disproportionately high number of cases filed in the Supreme Court originated in High Courts closer to Delhi. Hence coming up with regional benches will remove this constraint.
    • Huge pendency of cases: Increased workload on the Supreme Court and at present more than 65,000 cases are pending in the Supreme Court, and disposal of appeals takes many years.
    • Reducing Cost of Justice: It is observed that besides travelling to New Delhi, engaging expensive Supreme Court counsel to pursue a case is beyond the means of most litigants.

    Advantages of having circuit courts

    • Promotes Article 39A: It has been pointed out that Article 39A says that the state shall secure that the operation of the legal system promotes justice, on a basis of equal opportunity.
    • Remove Geographical Constraints: It is high time we had more benches because in a country as vast as India the litigants have to travel long distances and spend a huge amount of money and energy.
    • Upholding the spirit of the constitution: Setting up Benches outside Delhi would neither impair unity and integrity nor undermine the importance of the Supreme Court.

     

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  • History and debates about ‘socialist’ and ‘secular’ in the Preamble

    The Supreme Court will hear a petition filed by former MP Dr Subramanian Swamy, seeking the removal of the words “Socialist” and “Secular” from the preamble of the Indian Constitution.

    Why in news?

    • The petitioners in two similar cases have argued that these words were never intended to be in the Constitution and that such insertion is beyond the amending power of the Parliament under Article 368.
    • Similar petitions have been filed earlier too and given rise to debates around the preamble and the role it plays in the Constitution.

    How did these words come?

    • The two terms were inserted into the preamble as part of the 42nd Amendment of the Constitution in 1976 during the Emergency imposed by then PM Indira Gandhi.

    What is the purpose of the Preamble?

    • A preamble serves as an introduction to a document and contains its basic principles and goals.
    • When the Indian Constitution was being drafted, the ideals behind the preamble were first laid down in the Objectives Resolution, adopted by the Constituent Assembly in 1947.
    • These ideals emerged out of the numerous debates that took place during the drafting of the Constitution.

    Initially, the Preamble said:

    “WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN DEMOCRATIC REPUBLIC and to secure to all its citizens:

    JUSTICE, social, economic and political;

    LIBERTY of thought, expression, belief, faith and worship;

    EQUALITY of status and of opportunity;

    And to promote among them all

    FRATERNITY assuring the dignity of the individual and the unity of the Nation;

    IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November, 1949, do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.”

    Nature of the preamble

    • The Constitution was the product of democratic deliberations and decided upon by the people of India themselves in the wake of freedom from colonial rule.
    • The ideals mentioned here were at the core of the newly democratic nation.
    • During the Constituent Assembly debates, many suggestions were put forth — including that God should be invoked in the preamble as in the Irish constitution, that Mahatma Gandhi’s name should be included, etc.

    Is it a part of the Constitution?

    • The question of whether the preamble is a part of the Constitution or simply an introduction has been deliberated upon by the highest court.
    • This is because the meaning and weight of the objectives mentioned in it, such as equality of status and opportunity, remained unclear from the perspective of law.
    • However, in its judgment in the famous LIC case of 1995, the Supreme Court said and the Preamble of the Constitution which is an integral part and scheme of the Constitution, affirming its position as part of the Constitution.
    • Additionally, the violation of any principle mentioned in the preamble cannot be a reason to go to court, meaning the preamble is “non-justiciable”.
    • However, judgments of courts can cite it as an additional factor in their reasoning, given that it constitutes the spirit of the Constitution.

    How else has the preamble been debated earlier?

    • In 2020 a ruling MP has moved a resolution in Rajya Sabha seeking to remove the word socialism from the preamble.
    • It said, that the earlier party which ruled the country for seven decades has changed its direction from being socialist to welfare to neo-liberalism.
    • Its new liberal policies adopted in the 1990s have negated its own earlier positions.
    • Earlier in 2015, the Ministry of Information and Broadcasting used an image of the preamble of the Indian Constitution without the words “socialist” and “secular”, leading to some criticism.

    What is the right-wing narrative?

    • These words were added during the Emergency. Now what is the harm if there is a debate on it?
    • In 2008, the Supreme Court rejected a plea demanding the removal of ‘socialist’.
    • The apex court asked-Why do you take socialism in a narrow sense defined by Communists?
    • In a broader sense, it means welfare measures for the citizens. It is a facet of democracy, said the Court.
    • It hasn’t got any definite meaning. It gets different meanings in different times.

    Under what circumstances was the preamble amended?

    • Over her years in government, Indira Gandhi had attempted to cement her approval among the masses on the basis of a socialist and pro-poor image with slogans such as “garibi hatao” (Eradicate poverty).
    • The 42nd Amendment to the Constitution, passed in 1976 when the Emergency was in place, replaced the words “sovereign democratic republic” with “sovereign socialist secular democratic republic”.
    • It also changed “unity of the nation” to “unity and integrity of the nation”.

    Were ‘Secular’ and ‘Socialist’ debated before Independence?

    • During the debates in the Constituent Assembly, members such as K T Shah and Brajeshwar Prasad had raised the demand to add these words to the preamble.
    • However, Dr B R Ambedkar argued: What should be the policy of the State, how the Society should be organised in its social and economic side are matters which must be decided by the people themselves according to time and circumstances.
    • It cannot be laid down in the Constitution itself because that is destroying democracy altogether.

    Is it inclusive of the Constitution?

    • Indeed, many principles affirming secularism and socialism were contained in the Constitution originally, such as in the Directive Principles of State Policy that is meant to guide the government in its actions.
    • Some examples are provisions related to the “equitable distribution of material resources of the community for the common good”, and protecting the rights of workers.
    • Similarly, in the fundamental rights that allow the freedom to profess and propagate one’s religion, as well as in the government policies that recognize religious occasions across communities, an Indian version of secularism is followed.
    • Unlike western secularism which strictly separates the state and religion, the Indian state has over the years acknowledged and involved itself in matters related to all religions.

     

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  • India Bangladesh Relations

    bangladeshContext

    • Bangladesh PM Sheikh Hasina’s four-day visit to India to boost bilateral ties.

    India-Bangladesh ties background

    • India’s links with Bangladesh are civilization, cultural, social and economic.
    • There is much that unites the two countries – a shared history and common heritage, linguistic and cultural ties, passion for music, literature and the arts.
    • India was one of the first countries, along with Bhutan, to recognise Bangladesh as a sovereign state on 6 December 1971.
    • It is also worth recalling that India shares its longest border of 4,096.7 kilometres with Bangladesh, which is also the fifth-longest border in the contemporary world.

    bangladeshTrade between two

    • CEPA: Trade will be a focal point during Ms. Hasina’s visit as the two countries gear up to sign a Comprehensive Economic Partnership Agreement.
    • Bangladesh dependency: Bangladesh imports critical industrial raw material from India on which its exports are reliant.
    • Leveraging Indian support: Bangladesh also could improve several manufacturing industries by leveraging Indian expertise in service sectors.

    bangladeshConnectivity

    • IMT highway: Bangladesh has expressed its interest in joining the India-Myanmar-Thailand highway project.
    • Waterway: India-Bangladesh bilateral waterway trade will get boosted as India can now use the Mongla and Chittagong ports.
    • Logistics: India’s Northeast and Bangladesh is important for bilateral cooperation. Currently, three express trains and international bus services operate between Indian and Bangladesh.

    Key data to remember

    Bangladesh is India’s sixth largest trade partner with bilateral trade rising from $2.4 billion in 2009 to $10.8 billion in 2020-21.

    Regional geopolitics

    • Chinese influence: Chinese inroads into the neighbourhood have been a cause of worry for India. China has been actively pursuing bilateral ties with Bangladesh. Bangladesh had successfully approached China for a mega project to enhance Teesta river water flow.
    • Strategic location: From the perspective of India’s Northeast, Bangladesh is India’s most strategic neighbour, whom New Delhi cannot ever afford to ignore.
    • Cooperation needed: India’s dream of ‘Act East Policy’ can only be materialized with the helping hands of Dhaka.
    • Gateway to northeast: The bridge ‘Maitri Setu’ has been built over the Feni River which flows between the Indian boundary in Tripura State and Bangladesh. It is set to become the ‘Gateway of North East’ with access to Chittagong Port of Bangladesh, which is just 80 kms from Sabroom.

    Way forward

    • The future will present itself with an abundance of opportunities to help the two countries to reach a new plane of bilateral relations higher than ever before.
    • Both nations should play their diplomatic cards with more maturity and pragmatism, keeping the regional aspirations and nuances of both countries in mind.
    • A judicious aggregation of regional expectations on both sides of the border will help in achieving their mutual national objectives.
    • To make the recent gains irreversible, both countries need to continue working on the three Cs — cooperation, collaboration, and consolidation.

    Conclusion

    • For India it will take more than cosy relations with one particular government to have long-term stable relations with its most trusted friend in the neighbourhood.

    Mains question

    Q. Do you think Bangladesh is most trusted friend in the neighbourhood? Discuss bilateral relations between two in terms of trade, connectivity and geopolitics.

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  • Issues faced by Teachers in India

    teacher Context

    • 5 September is teacher’s day. Teachers’ Day or Shikshak Divas marks the birthday of the country’s first Vice President (1952–1962) who went on to become the second President of India (1962-1967), a scholar, philosopher, Bharat Ratna awardee, a highly-respected teacher and prolific statesman – Dr Sarvapalli Radhakrishnan.

    teacher What are the issue with teachers?

    • Less attractive career: It seems that teaching the young is no longer an attractive profession because systemic conditions are so discouraging. It points towards the reforms that education now requires.
    • Diversion from teaching: Teaching children is not regarded as a serious profession. Non-teaching duties are routinely assigned, and now the digital regime has washed away the few traces of professional autonomy even in the best of private schools.
    • Bureaucratic over vigilance: So deep is official suspicion of their integrity that many states have installed CCTV cameras in classrooms. That is not the only form of insult teacher’s face. They have little power to assert their professional dignity in the face of bureaucratic or managerial authority.
    • Marginalisation by coaching institutes: The Indian school teacher now faces new social and economic forces. Coaching institutions have marginalised the secondary-level science teacher. All over the country, children are allowed to bunk school to attend NEET and JEE coaching classes. Science and math teachers were, in any case, aware that their pedagogic effectiveness would be measured by an unreformed examination system.
    • Reliability issue due to internet overuse: Social Science teachers are coping with a different kind of challenge to justify their knowledge and interpretation. Children’s access to the internet exposes them to a wilderness of socio-political ideas and information. It is not easy for social science teachers to convince children that they are more reliable than a YouTube video or a WhatsApp message.

    Catchy line in this context for value addition

    Jinke jiwan me guru nahi, unka jiwan abhi shuru nahi.

    How to address these challenges

    • Supporting teacher control over curriculum and instruction: Classical top-down school leadership needs to be re-examined, and teachers must be recognized as professionals who have expertise to make good learning decisions for their students.
    • Establish adequate pay scales and financial incentives: Compensation systems signal what skills and attributes are valued and what kinds of contributions are rewarded.
    • Establish and conduct personnel evaluation systems: Teachers need regular feedback and accurate information on job expectations.
    • Provide adequate planning time for teachers: While all teachers work under tremendous time constraints, experienced teachers generally are able to complete their planning more quickly. For new teachers, adequate planning time can allay feelings of being overwhelmed.
    • Provide a structure for team planning and teaching: Teachers often report feeling isolated in their classrooms. Team planning and teaching can be an important step in retaining a high quality teaching force.

    teacher Conclusion

    • Since the teacher is the pivot of the entire educational system and is the main catalytic agent for introducing desirable changes in the teaching learning process, all attempts need be made for motivating teachers to become innovative and creative. It goes without saying that a self-motivated and really industrious teacher can utilise his own resources to keep themselves abreast of new knowledge and skills.

    Mains question

    Q. It seems that teaching the young is no longer an attractive profession because systemic conditions are so discouraging. Critically analyse.

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  • MGNREGA

    MGNREGAContext

    • The delay in payment of wages has pushed MGNREGS workers in West Bengal to the brink. There are allegations of corruption against the State government, the Centre’s reluctance in releasing payments, and the plight of the workers caught in this tussle.

    What is MGNREGA?

    • The MGNREGA stands for Mahatma Gandhi National Rural Employment Guarantee Act of 2005. This is labour law and social security measure that aims to guarantee the ‘Right to Work’. The act was first proposed in 1991 by P.V. Narasimha Rao.

    Significant Features of the scheme

    • Fixed employment: MGNREGA is unique in not only ensuring at least 100 days of employment to the willing unskilled workers, but also in ensuring an enforceable commitment on the implementing machinery i.e., the State Governments, and providing a bargaining power to the labourers.
    • Assured compensation: The failure of provision for employment within 15 days of the receipt of job application from a prospective household will result in the payment of unemployment allowance to the job seekers.
    • Locality is ensured: Employment is to be provided within 5 km of an applicant’s residence, and minimum wages are to be paid.
    • Legal backing: Thus, employment under MGNREGA is a legal entitlement.

    MGNREGAWhat are the issues?

    • Non-purposive spending and corruptions: Many works sanctioned under MGNREGA often seem to be non-purposive. Quite often, they are politically motivated hotspots to create rampant corruption by dominant sections of the local population. Even social audits of such projects are locally manipulated.
    • Workers penalized for administrative lapses: The ministry withholds wage payments for workers of states that do not meet administrative requirements within the stipulated time period (for instance, submission of the previous financial year’s audited fund statements, utilization certificates, bank reconciliation certificates etc). There is no logical or legal explanation for this bizarre arrangement. It is beyond any logic as to why workers would be penalized for administrative lapses.
    • Genuine job cards being deleted: Genuine job cards are being randomly deleted as there is a huge administrative pressure to meet 100 per cent DBT implementation targets in MGNREGA. In states like Jharkhand, there are multiple examples where the districts had later requested to resume job cards after civil society interventions into the matter.
    • Too much centralization weakening local governance: A real-time MIS-based implementation and a centralised payment system has further left the representatives of the Panchayati Raj Institutions with literally no role in implementation. It has become a burden as they hardly have any power to resolve issues or make payments.
    • Local priorities being ignored: MGNREGA could be a tool to establish decentralized governance. But, with the administration almost dictating its implementation, it is literally a burden now for the people and especially for the local elected representatives. The Gram Sabhas and gram panchayats’ plans are never honoured. This is a blatant violation of the Act as well.

    MGNREGALack of fund has negative implications

    • Delayed payment: Due to this, payments for MGNREGA workers as well as material costs will be delayed, unless States dip into their own funds.
    • Livelihood loss: MGNREGA data shows that 13% of households who demanded work under the scheme were not provided work.
    • Halt of work: Many workers are simply turned away by officials when they demand work, without their demand being registered at all.
    • Fall in demands: This has led to stop the generation of work. There is an artificial squeezing of demand.

    What can be done according to rural development committee?

    • Utilization of funds: A large amount of funds allocated for MGNREGA have remained un-utilised. For example, in 2010-11, 27.31% of the funds remained unutilised. The Committee recommends that the Department of Rural Development should analyse reasons for poor utilisation of funds and take steps to improve the same. In addition, it should initiate action against officers found guilty of misappropriating funds under MGNREGA.
    • Context specific projects and convergence: Since states are at various stages of socio-economic development, they have varied requirements for development. Therefore, state governments should be allowed to undertake works that are pertinent to their context. There should be more emphasis on skilled and semi-skilled work under MGNREGA. In addition, the Committee recommends a greater emphasis on convergence with other schemes such as the National Rural Livelihoods Mission, National Rural Health Mission, etc.
    • Regulation of job cards: Offences such as not recording employment related information in job cards and unlawful possession of job cards with elected PRI representatives and MGNREGA functionaries should be made punishable under the Act.
    • Participation of people with disabilities: Special works (projects) must be identified for people with disabilities and special job cards must be issued and personnel must be employed to ensure their participation.
    • Payment of unemployment allowance: Dated receipts for demanded work should be issued so that workers can claim unemployment allowance. Funds for unemployment allowance should be met by the central government.

    Some innovation in MGNREGA can address the challenges

    1) Looping in the skilled worker

    • First, there is a suggestion to use it to meet the wage cost of their employment in small and medium enterprises (SMEs).
    • Accordingly, skilled migrant workers may be placed in SMEs and their wages would be charged to MGNREGA.

    2) Including farm related works

    • In the last few years, un-remunerative prices of several crops have been the root cause of widespread agrarian distress.
    • The suggestion is to allow farmers to employ MGNREGA workers in agricultural operations like land preparation, sowing, transplantation of paddy, plucking of cotton, intercultural operations and harvesting of crops etc. so as to reduce the cost of cultivation.
    • The idea is to pay part of the wages of labour in agricultural operations from MGNREGA.

    3) Increasing the number of Work Schemes

    • Currently, there are only 2-3 work schemes (say PMAY) running per panchayat, which is leading to the crowding of workers at worksites.
    • To prevent this and to ensure that all willing households are able to access employment through NREGA, the number of schemes needs to be increased, and 6-8 schemes must be introduced in each village.

    4) Paying Workers Immediately

    • Rural households urgently need cash-in-hand, and so the emerging demand is for immediate payment to workers. NREGA payments are frequently delayed by weeks or months.
    • Given the circumstances, such delays will be entirely counterproductive.
    • It is recommended that in remote areas, wage payments should be made in cash, and paid on the same day.

    Conclusion

    • Government and NGOs must study the impact of MGNREGA in rural areas so as to ensure that this massive anti-poverty scheme is not getting diluted from its actual path.

    Mains question

    Q. Large scale social security programmes like MGNREGA are subjected to undergo several stumbling blocks in the times to come due to lack of fund. Analyse these roadblocks and give some innovative measures to tackle these roadblocks.

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  • QUAD

    New Delhi will host an official-level meeting of the Quad grouping with the US, Japan and Australia next week, the first such “senior officers meeting” (SOM) to be held since the recent escalation of tensions over the Taiwan Strait.

    Quadrilateral Security Dialogue: A Backgrounder

    Quadrilateral Security Dialogue or the Quad is an informal strategic forum between the United States, Japan, India and Australia that is maintained by semi-regular summits, information exchanges and military drills between member countries.

    • The US, Japan, India and Australia came together in the aftermath of the 2004 Indian Ocean tsunami to assist the devastated countries.
    • Later, officials of the four countries met in 2007 “to look at issues of common interest.” During an India visit, then Japanese PM Shinzo Abe unveiled the idea of “the Confluence of the Two Seas” that gave birth to the concept of the Indo-Pacific.
    • A decade later officials of the four countries met in the Philippines in 2017 to talk about an aggressively rising China.
    • In 2019, the foreign ministers of the Quad countries met in Washington for the first time.
    • In November, the Quad nations came together to participate in a two-phase joint military exercise, Malabar 2020, in the Bay of Bengal and in the Arabian Sea.

    Now it is increasingly viewed as ‘Asian NATO’.

    Focus on Indo-Pacific: For the China-wary world

    • The latest meeting of Quad comes at a time when all four countries have either trade or security disputes with China.
    • Despite not explicitly mentioning China, Quad has been openly supporting a “free and fair” Indo-Pacific which is seen as a clear message to Beijing that it needs to curb its assertive behaviour.
    • The optics were hard to miss when India, the US, Japan and Australia joined their navies for the mega Malabar military exercise late last year, an activity which raised alarm in Beijing.
    • This posturing by the Quad nations sent a strong signal to China.

    (1) US vs China

    • USA had followed a policy to contain China’s increasing influence in East Asia. Therefore, USA sees the coalition as an opportunity to regain its influence in the Indo-Pacific region.
    • The US has described China, along with Russia, as a strategic rival in its National Security Strategy, National Defence Strategy and the Pentagon’s report on Indo-Pacific Strategy.
    • Both are navigating intense disagreements over trade and human rights in Tibet, Hong Kong and the western Xinjiang region, as well as the coronavirus pandemic and increasing Chinese assertiveness in the South China Sea.

    (2) Australia vs China

    • Australia is concerned about China’s growing interest in its land, infrastructure and politics, and influence on its universities.
    • Ties have been on a downward spiral since 2018 when Australia, accusing China of meddling in its domestic affairs, passed a new law against foreign interference and espionage.
    • It also barred Huawei from building the country’s 5G mobile network, among the first countries to do so, citing national security.
    •  The atmosphere worsened when  PM Scott Morrison’s government called for an international inquiry into the origins of the coronavirus that causes Covid-19.

    (3) Japan vs. China

    • Tensions between Japan and China over the Senkaku/Diaoyu Islands dispute have recently increased.
    • China has relentlessly continued attempts to unilaterally change the status quo by coercion in the sea area around the Senkaku Islands.
    • The more salient indicator is the number of Chinese patrols inside the territorial sea of the islands, which Japan sees as an explicit violation of its territorial sovereignty.

    (4) India vs. Quad

    • India’s strained relations with China needs no explanation. The year long border dispute is the testimony.
    • The Quad summit is taking place in the backdrop of an ongoing military disengagement between India and China following their months-long border standoff in eastern Ladakh.
    • China is increasing its footprint in our neighborhood through its Belt and Road policy and political coercion following the debt trap are some of the increasing concerns other than economic imbalance.

    Opportunities unveiled for India

    India’s engagement with the Quad goes back to China’s expanding footprint in South Asia and the Indian Ocean Region over the last few years. India can reap some benefits as discussed below:

     (1) Checkmating the Chinese

    • The maritime sphere is wide open to India to undertake coalition building, rule sets, and other forms of strategic exploration than compared to land borders.
    • The maritime space is more important to China than engaging in land grab attempts in the Himalayas. A huge chunk of Chinese trade happens via the Indian oceanic routes that pass through maritime chokepoints.

    (2) Channelizing geo-politics

    • There is a growing great power interest in the maritime sphere, especially with the arrival of the concept of ‘Indo-Pacific’. For instance, many European countries have recently released their Indo-Pacific strategies.
    • The most recent was for France to send its warship in the international waters of the South China Sea.

    (3) Maritime domain for India

    • Above is the backdrop against which one must see the progressive evolution of Exercise “Malabar”,
    • In the beginning, it was a bilateral event involving just the Indian and US navies. It became tri-lateral with the inclusion of Japan in 2015.
    • And now it has transformed into a four-cornered naval drill that will also include Australia.

    (4) Check on China’s India Ocean Ambitions

    • The Quad has a valuable role to play as a check on China’s Indian Ocean ambitions.
    • India must develop ingrained habits of interoperable cooperation with its Quad partners.
    • This interoperable cooperation could pre-emptively dissuade China from mounting a naval challenge in its backyard.

    (5) Eccentricity in South Asia

    • With India, located right at the centre of the Indo-Pacific geopolitical imagination can realize the vision of a ‘broader Asia’ that can extend its influence away from geographical boundaries.
    • Further, India with Quad countries can check the imperialist policies of China in the Indian Ocean region and ensure Security and growth for all in the region.

    Issues with Quad

    (1) Structural problems

    • The Quad has a core structural problem as its objective pivots around the U.S.
    • The Quad riles China as a hostile grouping, but hardly serves the security interests of its members.
    • Despite rhetoric relating to the promotion of a ‘rules-based’ world order, the Quad neither shares a strategic vision nor is it animated by a shared agenda.

     (2) Nature of alliance

    • Alliances involve written commitments to come to the defence of the other against a third party.
    • Despite the potential for cooperation, the Quad remains a mechanism without a defined strategic mission.

    (3) Economic alliance not feasible

    • Quad is neither a military alliance nor an economic partnership.
    • Its intention to counter China in the rare-earth sector is logical given the dominant role the country plays in supplying more than half of the world’s such key materials.
    • But, for a country like India, the lack of relevant technologies and talent pool could obstruct its progress in building up a supply chain from scratch.

     (4) Overt emphasis on Maritime domain

    • The entire focus on the Indo-Pacific makes the Quad a maritime, rather than a land-based grouping, raising questions whether the cooperation extends to the Asia-Pacific and Eurasian regions.
    • India’s core concerns with China are primarily undemarcated borders and trade deficit.

     (5) Lack of existence of Indo-Pacific system

    • There has never been Indo-Pacific system ever since the rise of the port-based kingdoms of Indochina in the first half of the second millennium.
    • There were two Asian systems — an Indian Ocean system and an East Asian system — with intricate sub-regional balances.
    • The effort by a U.S. to artificially manufacture to combine the Indo and the Pacific into a unitary system is unlikely to succeed.

    (6) Indian borders can go more vulnerable

    • A lesson for India is China’s long-held and strategic interest in parts of Jammu and Kashmir.
    • It is wrongly argued that it is Pakistan that is the issue in J&K.
    • China undoubtedly is as big an issue but has quietly hidden behind Pakistan’s cover.

    Challenges: China will retaliate

    (1) China’s assertiveness

    • China claims that it has historical ownership over nearly the entire region of South China Sea, which gives it the right to manufacture islands.
    • However, the International Court of Arbitration rejected the claim in 2016.
    • Since then, the incidences of Chinese transgression has only increased making China more assertive for its interest.

    (2) Preying small nations

    • The ASEAN countries have a well-knit relationship with China. So are other SAARC countries have fallen prey to Chinese debt traps.
    • The Regional Cooperation Economic Partnership (RCEP) is a recent example of China’s increasing influence over ASEAN nations to which Australia is even a forerunner.

    (3) Chinese monopoly

    • Considering the economic might of China and the dependence of Quad nations like Japan and Australia on China, the Quad nations cannot afford to have strained relations with it in the long run.
    • India too, is still very heavily dependent on Chinese exports.

    Way Forward

    • Need for a clearer vision: It is important for members of the Quad not to be reactive. It is also important to exhibit openness, and ensure that all talk of a ‘Free and Open Indo-Pacific’ is more than just a mere slogan.
    • Consensus for a common objective: The Quad nations need to better explain the Indo-Pacific Vision in an overarching framework with the objective of advancing everyone’s economic and security interests.
    • Setting an agenda: This will reassure the littoral States that the Quad will be a factor for regional benefit, and a far cry from Chinese allegations that it is some sort of a military alliance. Future meetings can be an opportunity to define the idea and chart a future path.
    • Expanding Quad: India has many other partners in the Indo-Pacific; therefore India should pitch for countries like Indonesia, Singapore to be invited to join in the future. There is also a vital need to economically expand the Quad.

     

     

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