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GS Paper: GS2

  • SC calls for a panel to inquire Freebies Issue

    The Supreme Court has said that Parliament may not be able to effectively debate the issue of doing away with “irrational freebies” offered to voters during elections, saying the “reality” is that not a single political party wants to take away freebies.

    Why in news?

    • The freebies were paving the way for an “economic disaster” besides “distorting the informed decision of voters”, CJI said.

    What did the CJI say?

    Ans. Compose a non-partisan panel

    • The court suggested setting up a specialized body composed of persons who can “dispassionately” examine the problem.
    • The court directed the parties to make “suggestions for the composition of a body”.
    • It proposed that this body could examine ways to resolve the issue of freebies and file a report before the Centre or the Election Commission of India (ECI).
    • The court said once the parties come up with suggestions on the composition of such a body in a week, it would pass orders.

    What is Freebie?

    • The term Freebies is not new; rather it is a prevalent culture in Indian politics (in the name of socialism).
    • The political parties are always trying to outdo each other in luring the Indian voters with assorted freebies.
    • From free water to free smartphones the Indian politicians promise everything to attract prospective voters in favour.
    • This trend has gained more momentum in the recent times with the political parties being innovative in their offerings as the ‘traditional free water and electricity’ is no longer sufficient as election goodies.

    Examples of freebies

    1. Promise of Rs 15 lakh in our bank accounts
    2. Free TV, Laptops
    3. Free electricity
    4. Loan waivers
    5. Offering free public transport ride to all women in Delhi

    Why are such policies popular among the public?

    • Failure of economic policies: The answer lies in the utter failure of our economic policies to create decent livelihood for a vast majority of Indians.
    • Quest for decent livelihood: The already low income had to be reoriented towards spending a disproportionately higher amount on education and health, from which, the state increasingly withdrew.
    • Prevailing unemployment:  Employment surveys have shown that employment growth initially slowed down from the 1990s, and then has turned negative over the past few years.
    • Increased cost of living: Real income growth of the marginal sections has actually slowed down since 1991 reforms.
    • Increased consumerism: The poor today also spend on things that appear to be luxuries; cellphones and data-packs are two such examples which are shown as signs of India’s increased affluence.
    • Necessity: For migrant workers, the mobile phone helps them keep in touch with their families back home, or do a quick video-call to see how their infant is learning to sit up or crawl.

    Can Freebies be compared with Welfare Politics?

    • These freebies are not bad. It is a part of social welfare.
    • Using freebies to lure voters is not good.
    • Voter’s greediness may lead to a problem in choosing a good leader.
    • When we don’t have a good leader then democracy will be a mockery.

    Impact of such policies

    • Never ending trail: The continuity of freebies is another major disadvantage as parties keep on coming up with lucrative offers to lure more number of votes to minimize the risk of losing in the elections.
    • Burden on exchequer: People forget that such benefits are been given at the cost of exchequer and from the tax paid.
    • Ultimate loss of poors: The politicians and middlemen wipe away the benefits and the poor have to suffer as they are deprived from their share of benefits which was to be achieved out of the money.
    • Inflationary practice: Such distribution freebie commodity largely disrupts demand-supply dynamics.
    • Lethargy in population: Freebies actually have the tendency to turn the nation’s population into: Lethargy and devoid of entrepreneurship.
    • Money becomes only remedy: Everyone at the slightest sign of distress starts demanding some kind of freebies from the Govt.
    • Popular politics: This is psychology driving sections of the population expecting and the government promptly responds with immediate monetary relief or compensation.

    What cannot be accounted to a freebie?

    • MGNREGA scheme (rural employment guarantee scheme)
    • Right to Education (RTE)
    • Food Security through fair price shops ( under National Food Security Act)
    • Prime Minister Kisan Samman Yojana (PM-KISAN)

    Arguments in favour

    • Social investment: Aid to the poor is seen as a wasteful expenditure. But low interest rates for corporates to get cheap loans or the ‘sop’ of cutting corporate taxes are never criticized.
    • Socialistic policy: This attitude comes from decades of operating within the dominant discourse of market capitalism.
    • Election manifesto: Proponents of such policies would argue that poll promises are essential for voters to know what the party would do if it comes to power and have the chance to weigh options.
    • Welfare: Economists opine that as long as any State has the capacity and ability to finance freebies then its fine; if not then freebies are the burden on economy.
    • Other wasteful expenditure: When the Centre gives incentives like free land to big companies and announce multi-year tax holidays, questions are not asked as to where the money will come from.

    A rational analysis of freebies

    • Winning election and good governance are two different things. The role of freebies to avail good governance is definitely questionable.
    • The social, political and economic consequences of freebies are very short-lived in nature.
    • There are many freebies and subsidies schemes available in many States but we still find starvation deaths, lack of electricity, poor education and health service.
    • Hence the sorrow of the masses of India cannot be solved by freebies or by incentives.

    So are not freebies meant only to attract voters and swing voters by concentrating on a preferential group or community?

    Way forward

    • It can be agreed that democracy requires popular support for its rule to continue. The sops and freebies to the poor buy it the requisite votes.
    • But the democratic process of election and election promises should be clear. It should not control voters thought.
    • What some people term as ‘populism’ actually constitutes what real economics should be.
    • If you deprive people of what they really need, you will have to throw allurements at them.
    • This can only be stopped if political masters try to follow what economist EA Schumacher had conveyed through his seminal work Small is beautiful – “Treat economics as if people matter.”

     

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  • CJI’s recommendation on ‘Successor’ sought

    Chief Justice of India N.V. Ramana has received a communication from the Union Law Minister seeking his recommendation on the appointment of the next top judge.

    What is the news?

    • Chief Justice Ramana is retiring this month.
    • It is now left to CJI to give the Law Minister his recommendation on his successor.

    How is CJI selected?

    • Justice U.U. Lalit is the senior-most judge in the Supreme Court now.
    • He is in line to be appointed the 49th CJI as per the seniority norm.
    • The ‘Memorandum of Procedure of Appointment of Supreme Court Judges’ says “appointment to the office of the CJI should be of the seniormost Judge of the SC considered fit to hold the office”.
    • The process begins with the Union Law Minister seeking the recommendation of the outgoing CJI about the next appointment.

    What is the time frame?

    • The Minister has to seek the CJI’s recommendation at the “appropriate time”.
    • The Memorandum does NOT elaborate or specify a timeline.

    Making final appointment

    The Memorandum says:

    1. Receipt of the recommendation of the CJI
    2. The Union Minister of Law, Justice and Company Affairs will put up the recommendation to the PM
    3. PM will advise the President in the matter of appointment
    4. President of India appoints the CJI

    Chief Justice of India: A brief background

    • The CJI is the chief judge of the Supreme Court of India as well as the highest-ranking officer of the Indian federal judiciary.

    Appointment

    • The Constitution of India grants power to the President to nominate, and with the advice and consent of the Parliament, appoint a chief justice, who serves until they reach the age of 65 or until removed by impeachment.
    • Earlier, it was a convention to appoint seniormost judges.
    • However, this has been broken twice. In 1973, Justice A. N. Ray was appointed superseding 3 senior judges.
    • Also, in 1977 Justice Mirza Hameedullah Beg was appointed as the chief justice superseding Justice Hans Raj Khanna.

    Qualifications

    The Indian Constitution says in Article 124 (3) that in order to be appointed as a judge in the Supreme Court of India, the person has to fit in the following criteria:

    • He/She is a citizen of India and
    • has been for at least five years a Judge of a High Court or of two or more such Courts in succession; or
    • has been for at least ten years an advocate of a High Court or of two or more such Courts in succession; or
    • is, in the opinion of the President, a distinguished jurist

    Functions

    • As head of the Supreme Court, the CJI is responsible for the allocation of cases and appointment of constitutional benches which deal with important matters of law.
    • In accordance with Article 145 of the Constitution and the Supreme Court Rules of Procedure of 1966, the chief justice allocates all work to the other judges.

    On the administrative side, the CJI carries out the following functions:

    • maintenance of the roster; appointment of court officials and general and miscellaneous matters relating to the supervision and functioning of the Supreme Court

    Removal

    • Article 124(4) of the Constitution lays down the procedure for removal of a judge of the Supreme Court which is applicable to chief justices as well.
    • Once appointed, the chief justice remains in the office until the age of 65 years. He can be removed only through a process of removal by Parliament as follows:
    • He/She can be removed by an order of the President passed after an address by each House of Parliament supported by a majority of the total membership of that House and by a majority of not less than two-thirds of the members of that House present.
    • The voting has been presented to the President in the same session for such removal on the ground of proven misbehavior or incapacity.

    Try this PYQ:

    1. Who/Which of the following is the custodian of the Constitution of India?

    (a) The President of India

    (b) The Prime Minister of India

    (c) The Lok Sabha Secretariat

    (d) The Supreme Court of India

     

    [wpdiscuz-feedback id=”0dci9sxykf” question=”Please leave a feedback on this” opened=”1″]Post your answers here.[/wpdiscuz-feedback]

     

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  • UNSC

    In a first, India will host diplomats and officials from all 15 countries of the United Nations Security Council (UNSC), including China, Russia and the US, for a special meeting on terrorism, in Delhi and Mumbai in October.

    Key determinants of the meet

    The special meeting will specifically focus on three significant areas:

    1. Internet and social media
    2. Terrorism financing
    3. Unmanned aerial systems

    What is Counter-Terrorism Committee (CTC)?

    • The CTC is a subsidiary body of the United Nations Security Council (UNSC).
    • The 15-member CTC was established at the same time to monitor the implementation of the resolution.
    • In the wake of the 11 September 2001 terrorist attacks in the US, the UNSC unanimously adopted resolution 1373.
    • This among its provisions obliges all States
    1. To criminalize assistance for terrorist activities,
    2. Deny financial support and safe haven to terrorists and
    3. Share information about groups planning terrorist attacks

    Its executive body

    • Seeking to revitalize the Committee’s work, in 2004 the Security Council adopted Resolution 1535.
    • It created the Counter-Terrorism Committee Executive Directorate (CTED) to provide the CTC with expert advice on all areas covered by resolution 1373.
    • It was established also with the aim of facilitating technical assistance to countries, as well as promoting closer cooperation and coordination both within the UN.

    Its working

    • While the CTC is not a direct capacity provider it does act as a broker between those states or groups that have the relevant capacities and those in the need of assistance.
    • While the ultimate aim of the Committee is to increase the ability of States to fight terrorism, it is not a sanctions body nor does it maintain a list of terrorist groups or individuals.

    Significance of the event

    • India has been pushing for the UN members to adopt a Comprehensive Convention on International Terrorism (first proposed in 1996), which is likely to be raised during the meeting.
    • The event will showcase India’s role as a victim of terrorism as well as a country at the forefront of global counter-terrorism efforts.
    • CTC meeting in India could also pave the way for a possible visit to New York by PM Narendra Modi in December, when India will be the President of the UNSC for the entire month.

    Way ahead: Hitting the nerve

    • While terror financing was now recognised by FATF, it was necessary to build templates and “codes of conduct” for newer threats.
    • Today terror financing now includes financing through cryptocurrency and the use of drones for terror attacks.

     

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  • Taiwan between giants

    Context

    The US House of Representatives Speaker Nancy Pelosi visited Taiwan evoking strong protest from China.

    Brief history of China-Taiwan Tensions

    • Taiwan is an island about 160 km off the coast of southeastern China, opposite the Chinese cities of Fuzhou, Quanzhou, and Xiamen.
    • It was administered by the imperial Qing dynasty, but its control passed to the Japanese in 1895.
    • After the defeat of Japan in World War II, the island passed back into Chinese hands.
    • After the communists led by Mao Zedong won the civil war in mainland China, Chiang Kai-shek, the leader of the nationalist Kuomintang party, fled to Taiwan in 1949.
    • Chiang Kai-shek set up the government of the Republic of China on the island, and remained President until 1975.
    • Beijing has never recognised the existence of Taiwan as an independent political entity, arguing that it was always a Chinese province.

    The US and One-China Principle

    • With the shifting geopolitics of the Cold War, the PRC and the U.S. were forced to come together in the 1970s to counter the growing influence of the USSR.
    • This led to the US-China rapprochement demonstrated by the historic visit of then US President Richard Nixon to PRC in 1972.
    • The same year, the PRC displaced ROC as the official representative of the Chinese nation at the UN.
    • Diplomatic relations with the PRC became possible only if countries abided by its “One China Principle” — recognizing PRC and not the ROC as China.

    Why does China have a problem with Pelosi visiting Taiwan?

    • For China, the presence of a senior American figure in Taiwan would indicate some kind of US support for Taiwan’s independence.
    • This move severely undermined China’s perception of sovereignty and territorial integrity.

    China’s reaction

    • Increased military exercises around Taiwa : Military exercises around Taiwan have been expanded, with Chinese aircraft intruding more frequently across the informal median line which defines the zone of operations on each side.
    • Increased naval presence: Chinese naval ships are cruising within the Taiwan Straits and around the island itself.
    • Economic sanctions have been announced, prohibiting imports of a whole range of foodstuffs from Taiwan.
    • One item which will be left out is semi-conductors, a critical import for a range of Chinese high-tech industries.
    • Taiwanese firms like the Taiwan Semi-Conductor Manufacturing Company (TSMC) are world leaders in the most sophisticated brands of chips imported by a large number of countries.
    •  The main target of China’s escalating response will be Taiwan.
    • Taiwan is indeed caught in the crossfire between China and the US and being a proxy in a fight between giants.

    Implications for East Asia and South East Asia

    • Forced into making a choice: Just as Taiwan is caught in a crossfire between the US and China, so are the East Asian and South East Asian countries.
    • Prefer US military presence: They feel reassured by the considerable US military presence deployed in the region and tacitly support its Indo-Pacific strategy.
    • Strong economic ties with China: However, their economic and commercial interests are bound ever tighter with the large and growing Chinese economy.
    • This having it both ways strategy is beginning to fray at the edges with the escalating tensions between the US and China.
    • Most do not wish to be forced into making a choice.

    What should be India’s approach?

    • Advantageous for India: In one sense, China’s preoccupation with its eastern ocean flank of the Yellow Sea, the Taiwan Strait and the South China Sea is good for India.
    • It diminishes Chinese attention toward the Indian Ocean, India’s primary security theatre.
    • Adhere to One China Policy: Prudence demands that India hew closely to its consistent one China policy even while maintaining and even expanding non-official relations with Taiwan.
    • For the US, Japan and Australia, members of the Quad, Taiwan is a key component of the Indo-Pacific strategy.
    • It is not for India.

    Conclusion

    One should use the opportunity to expand India’s naval capabilities and maritime profile in this theatre before the Chinese begin to look to our extended neighbourhood with renewed interest and energy.

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  • Making sense of the ‘freebies’ issue

    Context

    Concern over ‘freebies’ in Indian politics has recently been expressed by those in the highest offices in the country.

    Issue of irrational freebies

    • Challenge in defining freebies: There is often confusion on what constitutes ‘freebies’, with a number of services that the Government provides to meet its constitutional obligations towards citizens also being clubbed in this category.
    • Distortion of electoral process: A Bench headed by the Chief Justice of India recently heard a public interest litigation in which the petitioner argued against the promise of ‘irrational freebies’ by claiming that these distort the electoral process.
    • The bench asked the Central government to take a stand on the need to control the announcement of ‘freebies’ by political parties during election campaigns.
    • The Court also suggested that the Finance Commission could be involved to look into the matter and propose solutions.
    • The basic argument is that these are a waste of resources and place a burden on already stressed fiscal resources.
    • Discussions on ‘freebies’ not only include the free distribution of what may be considered ‘club goods’ such as televisions but also welfare schemes such as free or subsidised rations under the Public Distribution System (PDS) and work provided through the Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA).

    Can we term foodgrain distribution under PDS as freebies?

    • It ensures food security: Subsidised foodgrains distributed under the PDS not only contribute to ensuring basic food security but also act as an implicit income transfer allowing the poor to afford commodities that they otherwise could not.
    • Price support for farmers: Further, the PDS also plays an important role in our country where public procurement at minimum support prices (MSPs) is one of the main instruments of support to farmers.
    • The PDS allows foodgrains to be available for cheap for consumers while assuring remunerative prices to farmers.
    • Food security during emergency: The PMGKAY is probably what kept many away from the brink of starvation during the novel coronavirus pandemic.
    • From around the mid-2000s, the PDS increasingly became a political issue, with State governments expanding coverage and reducing prices.
    •  This ultimately led to the National Food Security Act being passed by Parliament unanimously in 2013.
    • Despite its shortcomings, it cannot be denied that the PMGKAY and the support that it provided during the pandemic would have been impossible had it not been for the NFSA which expanded the coverage of the PDS to about two thirds of the population.
    • In its absence, a much smaller number of people would have had ration cards with high errors in identification.

    Other welfare schemes

    •  At a time when there are few employment opportunities, working under MGNREGA can guarantee some assured wages; if implemented in the true spirit of the legislation this is also demand-based and, therefore, responds to as much need as there is.
    • Similarly, mid-day meals in schools have been proven to contribute to increased enrolment and retention in schools and addressing classroom hunger.
    • A number of other schemes such as old age, single women and disabled pensions, community kitchens in urban areas, free uniforms and textbooks for children in government schools, and free health-care services play a critical role in providing social security and access to basic entitlements in our country.

    Way forward

    • Building public pressure towards making welfare delivery an electoral issue is the need of the hour.
    • It is important to recognise that most welfare schemes contribute to improving human development outcomes, which also results in higher economic growth in future.
    • As suggested by the Supreme Court, the Finance Commission could be tasked with formulating the criterion to come up with the criterion for freebies.
    • Sometimes, this process throws up initiatives that seem ‘wasteful’ — while these must be discussed, one cannot deny them completely.

    Conclusion

    There are a number of lacunae in these programmes which call for expansion in coverage, allocation of greater resources, along with putting in place mechanisms for greater accountability and grievance redress.

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  • RTI Act

    Context

    Amidst renewed concern over its functioning across states, the Right to Information Act (RTI) is set to complete 17 years this October.

    Issues facing RTI

    • Backlog of appeals: Issues include a huge backlog of second appeals, lengthy wait time for hearings, hesitancy in posting penalties and increasing opacity in the working of the commissions.
    •  As on June 30, 2021, 2.56 lakh appeals were pending with 26 information commissions in the country.
    • CICs downgraded rank: Any serious RTI query or one which concerns more than one government department requires intervention by higher officials, but it is the PIOs from junior ranks who attend hearings and are often clueless.
    • Often, it requires a notice to higher authorities, in some cases, the secretary of the department, to elicit the right answer.
    •  With CICs downgraded in rank, there will be fewer and fewer notices served to the heads of departments and senior officers to appear and answer queries.
    • Vacancies: The commissions have been plagued with vacancies, poor choice of commissioners, untrained staff and a non-cooperative set of public information officers (PIOs).
    • Threat to some RTI activists: Apart from the PIOs’ general inexperience and unprofessionalism, comes the threat to some RTI activists who seek information to expose corruption.
    • According to the Commonwealth Human Rights Initiative (CHRI), across India, 99 RTI activists have lost their lives, 180 assaulted and 187 were threatened since 2006.
    • Political proclivity: The attitude of a few commissioners going public with their political proclivities is another cause for concern.

    Way forward

    • Training of officials: The Indian information law, rated as one of the strongest in the world, needs to be bolstered by raising awareness amongst the people and organising rigorous training of government officials.
    • Code of conduct: A code of conduct must be evolved for the central and state information commissioners.
    • It is imperative for the commissioners to keep a strict distance from government heads and officialdom.
    •  A strong political system is a must for the RTI regime to flourish.
    • It is imperative to ensure freedom of the press and democratic institutions, punish errant officials and maintain complete autonomy of the information commissions, in the interest of the people and the nation at large.

    Conclusion

    As India emerges as a global power, the implementation of legislation like the RTI Act will be under the constant scrutiny of the comity of nations.

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  • Taiwan Crisis

    As US House Speaker Nancy Pelosi arrived upsetting China, India was keenly watching the developments, although it has not yet commented on it.

    What is the ‘One China’ policy?

    • It is the diplomatic acknowledgment of China’s position that there is only one Chinese government.
    • Taiwan’s government was set up by the Kuomintang, whose party logo is reflected in Taiwan’s flag
    • Initially, many governments including the US recognised Taiwan as they shied away from Communist China.
    • But the diplomatic winds shifted as China and the United States saw a mutual need to develop relations beginning in the 1970s, with the US and other countries cutting ties with Taipei in favour of Beijing.

    Why is China obsessed with Taiwan?

    • Taiwan is the largest producer of electronic chips, which are supplied to almost all the industries, from phones to laptops, watches to game consoles, industrial equipment to automotive, and aircraft and fighter jets.
    • TSMC (Taiwan Semiconductor Manufacturing Company) is the largest foundry in the world and holds around 65 percent of the global production of chips.
    • Any potential conflict with China would completely disrupt the entire supply chain of TSMC and labor availability, and could cause major shortage of electronic chips.
    • Additionally, China controls five percent of the global production of chips, which could also be affected.
    • This could further impact the already existing supply-demand gap for electronic components.

    India- Taiwan Relations

    Background

    • India does not have formal diplomatic ties with Taiwan yet, as it follows the One-China policy.
    • However, during then Chinese premier Wen Jiabao’s visit to India in December 2010, India did not mention support for the One-China policy in the joint communique.
    • In 2014, when PM Modi came to power, he invited Taiwan’s Ambassador Chung-Kwang Tien, along with Lobsang Sangay, president of the Central Tibetan Administration to his swearing-in.

    Diplomatic ties

    • While following the One-China policy, India has an office in Taipei for diplomatic functions — India-Taipei Association (ITA) is headed by a senior diplomat.
    • Taiwan has the Taipei Economic and Cultural Center (TECC) in New Delhi. Both were established in 1995.
    • Their ties focus on commerce, culture and education.
    • Now in their third decade, these have been deliberately kept low-profile, owing to China’s sensitivities.
    • For example, parliamentary delegation visits and legislature-level dialogues have stopped since 2017, around the time the India-China border standoff happened in Doklam.

    The new push

    • Any significant development in India-Taiwan relations runs the risk of meeting with a likely stern reaction from Beijing.
    • This explains India’s steady, albeit slow, outreach to Taiwan.
    • Given that India-China relations are not likely to witness a return to normalcy in the near future, India should consider adopting a bold, comprehensive and long-term approach to engage Taiwan.

     

     

  • What is the New START treaty?

    Russia is ready for talks with the United States on nuclear arms control even as Moscow and Washington have remained locked in a tense stand-off over Russia’s actions in Ukraine.

    The New START, INF and the Open Skies …. Be clear about the differences of these treaties. For example- to check if their inception was during cold war era etc.

    New START Treaty

    • The New Strategic Arms Reduction Treaty (New START) pact limits the number of deployed nuclear warheads, missiles and bombers and is due to expire in 2021 unless renewed.
    • The treaty limits the US and Russia to a maximum of 1,550 deployed nuclear warheads and 700 deployed missiles and bombers, well below Cold War caps.
    • It was signed in 2010 by former US President Barack Obama and then-Russian President Dmitry Medvedev.
    • It is one of the key controls on the superpower deployment of nuclear weapons.

    Background of US-Russia Nuclear Relations

    • The US formally QUIT the Intermediate-Range Nuclear Forces (INF)
    • The agreement obliged the two countries to eliminate all ground-based missiles of ranges between 500 and 5,500 km.

    When did nuclear disarmament begin?

    • In 1985, the two countries entered into arms control negotiations on three tracks.
    • The first dealt with strategic weapons with ranges of over 5,500 km, leading to the START agreement in 1991.
    • It limited both sides to 1,600 strategic delivery vehicles and 6,000 warheads.
    • A second track dealt with intermediate-range missiles and this led to the INF Treaty in 1987.
    • A third track, Nuclear, and Space Talks was intended to address Soviet concerns regarding the U.S.’s Strategic Defence Initiative (SDI) but this did not yield any outcome.

    Success of INF

    • The INF Treaty was hailed as a great disarmament pact even though no nuclear warheads were dismantled.
    • As it is a bilateral agreement, it did not restrict other countries.
    • By 1991, the INF was implemented. USSR destroyed 1,846 and the US destroyed 846 Pershing and cruise missiles. 
    • Associated production facilities were also closed down.
    • INF Treaty was the first pact to include intensive verification measures, including on-site inspections.

    How has the nuclear behavior been?

    • With the end of the Cold War and the break-up of the USSR in end-1991, former Soviet allies were joining NATO and becoming EU members.
    • The U.S. was investing in missile defense and conventional global precision strike capabilities to expand its technological lead.
    • In 2001, the U.S. announced its unilateral withdrawal from the 1972 Anti-Ballistic Missile Treaty (ABM Treaty).
    • The US also blamed Russia for not complying with the ‘zero-yield’ standard imposed by the Comprehensive Test Ban Treaty (CTBT). This may indicate the beginning of a new nuclear arms race.

    Implications of the New Start

    • The 2011 New START lapsed in 2021. It may meet the fate of the INF Treaty.
    • The 2018 NPR envisaged the development of new nuclear weapons, including low-yield weapons.
    • China is preparing to operate its test site year-round with its goals for its nuclear force.
    • CTBT requires ratification by U.S., China, and Iran, Israel and Egypt and adherence by India, Pakistan and North Korea. It is unlikely to ever enter into force.

    Conclusion

    • A new nuclear arms race could just be the beginning. It may be more complicated because of multiple countries being involved.
    • Technological changes are bringing cyber and space domains into contention. It raises the risks of escalation.

     

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  • Corporal Punishment

    Three private school teachers in Pune have been booked under the Juvenile Justice Act over allegedly thrashing three Class 10 students, and threatening to grade them poorly in internal assessments

    What is Corporal Punishment?

    • By definition, corporal punishment means punishment that is physical in nature.
    • There is NO statutory definition of ‘corporal punishment’ targeting children in the Indian law.
    • The Right of Children to Free and Compulsory Education (RTE) Act, 2009 prohibits ‘physical punishment’ and ‘mental harassment’ under Section 17(1) and makes it a punishable offence under Section 17(2).

    Identifying corporal punishments

    • According to the Guidelines for Eliminating Corporal Punishment in Schools issued by the National Commission for Protection of Child Rights (NCPCR), physical punishment is understood as any action that causes pain, hurt/injury and discomfort to a child, however light.
    • Examples include hitting, kicking, scratching, pinching, biting, pulling the hair, boxing ears, smacking, slapping, spanking, hitting with any implement (cane, stick, shoe, chalk, dusters, belt, whip), giving electric shock and so on.
    • It includes making children assume an uncomfortable position (standing on bench, standing against the wall in a chair-like position, standing with school bag on head, holding ears through legs, kneeling, forced ingestion of anything, detention in the classroom, library, toilet or any closed space in the school.

    What else is included?

    • Mental harassment is understood as any non-physical treatment that is detrimental to the academic and psychological well-being of a child.
    • This includes sarcasm, calling names and scolding using humiliating adjectives, intimidation, using derogatory remarks for the child, ridiculing or belittling a child, shaming the child and more.

    Safeguards against corporal punishment

    • Section 17 of the Right to Education Act, 2009, imposes an absolute bar on corporal punishment.
    • Section 75 of the Juvenile Justice Act prescribes punishment for cruelty to children.
    • Violation would invite punishment of rigorous imprisonment upto five years and fine up to Rs 5 lakh.
    • If the child is physically incapacitated or develops a mental illness or is rendered mentally unfit to perform regular tasks or has risk to life or limb, then imprisonment may extend upto ten years.

    Exceptions

    • The RTE Act does not preclude the application of other legislation that relates to the violations of the rights of the child.
    • For example, booking the offenses under the IPC and the SC and ST Prevention of Atrocities Act of 1989.
    • In theory, corporal punishment is covered by all the provisions under Indian law that punish perpetrators of physical harm.

    What do NCPCR guidelines say about eliminating corporal punishment?

    The NCPCR guidelines for eliminating corporal punishment against children require every school to develop a mechanism and frame clear-cut protocols to address the grievances of students.

    • Drop boxes are to be placed where the aggrieved person may drop his complaint and anonymity is to be maintained to protect privacy.
    • Every school has to constitute a ‘Corporal Punishment Monitoring Cell’ consisting of two teachers, two parents, one doctor, and one lawyer (nominated by DLSA).

    Who is entrusted with the responsibility to ensure children are protected?

    • There are relevant authorities earmarked to ensure the protection of children in schools.
    • Under Section 31 of the RTE Act, the National Commission for Protection of Child Rights (NCPCR) and the State Commissions for Protection of Child Rights (SCPCRs) have been entrusted with the task of monitoring children’s right to education.
    • The state governments under their RTE rules have also notified block/district level grievance redressal agencies under the RTE Act.

     

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  • What rules govern Disposal of Seized Narcotics?

    The Narcotics Control Bureau (NCB) has destroyed 30,000 kg of seized drugs at four locations – Kolkata, Chennai, Delhi and Guwahati — in the virtual presence of Union Home Minister.

    Destruction of Seized Narcotic Drugs

    • Section 52-A of the Narcotics Drugs and Psychotropic Substances (NDPS) Act, 1985 allows probe agencies to destroy seized substances after collecting required samples.
    • Officials concerned must make a detailed inventory of the substance to be destroyed.
    • A five-member committee comprising the area SSP, director/superintendent or the representative of the area NCB, a local magistrate and two others linked to law enforcement and legal fraternity is constituted.
    • The substance is then destroyed in an incinerator or burnt completely leaving behind not any trace of the substance.

    Exact procedure that is followed

    • The agency first obtains permission from a local court to dispose of the seized narcotic substances.
    • These substances are then taken to the designated place of destruction under a strict vigil.
    • The presiding officer tallies the inventory made at the storeroom with that material brought to the spot.
    • The entire process is videographed and photographed.
    • Then one by one, all the packets/gunny bags of the substance/s are put in the incinerator.
    • As per rules, committee members cannot leave the place until the seized drugs have been completely destroyed.

    Which agency is authorized to carry out such an exercise?

    • Every law enforcement agency competent to seize drugs is authorized to destroy them after taking prior permission of the area magistrate.
    • These include state police forces, the CBI and the NCB among others.

    Why destroy seized drugs?

    • The hazardous nature of narcotic drugs or psychotropic substances, their vulnerability to theft, substitution, and constraints of proper storage space are among the reasons that make agencies destroy them.
    • There have been instances when seized narcotics were pilfered from the storeroom.
    • To prevent such instances, authorities try to destroy seized drugs immediately after collecting the required samples out of the seized substances.

     

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