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GS Paper: GS2

  • What is the Delhi Dual Governance Conundrum?

    New Delhi has been at the flashpoint of innumerable power struggles these days.

    Why in news?

    • In the absence of statehood for Delhi, there has been a prolonged confrontation on the relative powers of the territorial administration and the Union government.

    Dilemmas of Dual Governance

    • Article 239AA of the Constitution of India granted Special Status to Delhi among Union Territories (UTs) in the year 1991 through the 69th constitutional amendment.
    • It provided a Legislative Assembly and a Council of Ministers responsible to such Assembly with appropriate powers.
    • That’s when Delhi was named as the National Capital Region (NCT) of Delhi.
    • As per this article – Public Order, Police & Land in NCT of Delhi fall within the domain and control of Central Government which shall have the power to make laws on these matters.
    • For remaining matters of State List or Concurrent List, in so far as any such matter is applicable to UTs, the Legislative Assembly shall have the power to make laws for NCT of Delhi

    [a] Centre-State Dispute

    • Delhi was given a fully elected legislative assembly and a responsible government through an amendment in the constitution in 1991.
    • Since 1991, Delhi had been made a UT with an assembly with “limited legislative powers”.
    • Cordial relations have prevailed between the Central and Delhi governments since 1996 and all differences have been resolved through discussions – with a few exceptions.

    [b] Lt. Governor vs the CM

    • The Article 239AA while conferring on the assembly the power to legislate on all matters in the state list as well as the concurrent list except land, police and public order – contained one sore point.
    • It said that in case of a difference between the L-G and the council of ministers, the matter shall be referred to the president by the LG for his decision and pending such decision the LG can take any action on the matter as he thinks fit.
    • It is this issue that the constitution bench of the Supreme Court resolved in 2018, when it said that the government does not have to seek the concurrence of the L-G on its decisions.
    • Any differences between them should be resolved to keep in view the constitutional primacy of representative government and co-operative federalism.

    It is after this judgement, the Centre brought up this Bill.

    [c] NCT of Delhi (Amendment) Bill, 2021

    • Among the major proposed amendments, one makes it explicitly clear that the term “government” in any law made by the Legislative Assembly shall mean the L-G.
    • This, essentially, gives effect to the former L-G 2015 assertion that “Government means the Lieutenant Governor of the NCT of Delhi appointed by the President under Article 239 and designated as such under Article 239 AA of the Constitution”.
    • The Bill adds that the L-G’s opinion shall be obtained before the government takes any executive action based on decisions taken by the Cabinet or any individual minister.

     

    [d] 

    Delhi Municipal Corporation (Amendment) Bill, 2022

     

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  • Making the most of the diplomatic attention

    Context

    India has witnessed a flurry of diplomatic activity during the past week with a long line of ministers, senior military officers and diplomats from a number of countries visiting Delhi and engaging with their Indian counterparts.

    Highlights of this year’s Raisina Dialogue

    • The senior-most official and inaugural speaker was Ursula von der Leyen, President of the European Commission.
    • The European presence was prominent.
    • China and Russia were absent from among official delegates, which is a pity.
    • The European presence was prominent. China and Russia were absent from among official delegates.
    • The focus narrowed down to the Ukraine war and, more specifically, India’s posture on Russia’s increasingly brutal assault on the hapless people of Ukraine.
    • It fell to the external affairs minister to deflect the expectations of India on this score.

    What should be India’s approach toward West?

    • India will need the West more than it has in the recent past, whether in building up its deterrent capabilities or accelerating its own economic and technological transformation.
    • India’s Quad partners the US, Japan, Australia, its partners in Europe and several ASEAN countries, see India as an anchor that could help stabilise the international situation.
    • They have a stake in India emerging as an influential power and are willing to contribute to that end.
    • The temptation to indulge in criticising each other should be avoided.

    Why India should recalibrate its ties with Russia?

    • Assumptions about Russia-China ties: A key assumption in India’s Russia policy has been that as a great power, Moscow would be unlikely to accept a junior partnership with China.
    • It was also assumed that in the long run, Russian and Chinese interests would not be aligned and, therefore, India should maintain a close relationship with Moscow.
    • Even if the Ukraine war had not erupted, the February 4 Sino-Russian Joint Declaration should have led India to question the continuing validity of these assumptions.
    • There are valid legacy reasons for maintaining positive ties with Russia just as some European countries have had to do.
    • The reality is that India-Russia relations are not a continuation of the old Indo-Soviet ties.
    • That strategic partnership that helped India cope with the Cold War and the Chinese and Pakistani threats evaporated with the end of that war and the collapse of the Soviet Union.
    • Moscow no longer saw Beijing as its main security challenge but for India, China became a bigger challenge.
    • Marginal economic and trade relations: India’s economic and trade relationship with Russia has become increasingly marginal.
    • Defence relationship diminishing progressively: Even the defence hardware relationship has diminished progressively as India has rightly tried to diversify its sources of supply.
    • The legacy in this respect, too, is of diminishing relevance.
    •  India may have its issues with the existing order but what is envisaged in the Joint Declaration is not the alternative which would enhance India’s interests.

    Way forward for India

    • Remain engaged with Russia and China: In a shifting geopolitical landscape, it is in India’s interest to remain engaged with Russia and China as two leading powers in the world.
    • Such engagement is important to gauge how these powers are themselves adjusting to the changing geopolitical equations across the world.
    • The US has shaken off the taint of its chaotic withdrawal from Afghanistan but its domestic politics is unpredictable and this calls for caution.
    • Europe will likely emerge as a more coherent and cohesive entity, anchored in German power, and playing a role more independent of the US than hitherto.
    • Deepen partnership with Europe: All the more reason why India must deepen its all-round partnership with Europe, build a shared vision of an altered geopolitical landscape and encourage Europe to play a greater role in the Indo-Pacific.

    Conclusion

    The attention being paid to India is substantive. A rare but perishable opportunity has presented itself to significantly advance India’s long-term prospects. It must be grasped with single-minded tenacity.

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  • Loudspeaker Crackdown: Court orders and Govt directives

    Illegal and unauthorized loudspeakers had been taken down across the Uttar Pradesh and their loudness had been capped, under “an existing government order of 2018, and set rules for sound decibel limits and court directions”.

    What is the news?

    • The UP state authorities have taken action since the loudspeaker crackdown began in our country.
    • Notices were served to alleged violators by local police stations citing the order of Allahabad High Court of 2017, and centre’s the Noise Pollution Rules, 2000.
    • The recent UP order asked officials to remove illegal loudspeakers after dialogue and coordination with religious leaders, and to ensure that decibel levels are kept within laid down limits.

    Legal basis of loudspeaker crackdowns

    (a) Orders of 2022, 2018

    • The April 23 order said that two earlier orders passed by the government in 2018 were not being followed, and the situation needed to be rectified.
    • Those earlier orders had been passed to ensure implementation of The Noise Pollution (Regulation and Control) Rules, 2000.
    • However, it had come to knowledge that many religious institutions are violating the standard decibel norms and are using loudspeakers in large numbers.

    (b) The Noise Pollution Rules, 2000

    • The 2000 Rules define “Ambient Air Quality Standards in Respect of Noise”, i.e., Industrial, Commercial, Residential, and Silence Zones.
    • It asked officials to demarcate these areas and to ensure that the correct norms were followed.
    • Each police station has been asked to prepare a list of religious institutions using loudspeakers under their jurisdiction.

    What is noise pollution?

    • Noise is defined as unwanted sound. A sound might be unwanted because it is loud, distracting, or annoying.
    • Noise pollution is manmade sound in the environment that may be harmful to humans or animals.

    Objective of the NPR, 2000: To regulate and control noise producing and generating sources with the objective of maintaining the ambient air quality standards in respect of noise

    Important compliance’s under NPR, 2000

    • What are the restrictions on using loud speaker or musical system at night?
      : A person cannot play a loud speaker, public address system, sound producing instrument, musical instrument or a sound amplifier at night time except in closed premises like auditorium, conference rooms, community halls or banquet halls.
    • What is the noise level for using loudspeakers or the public address?
      : The persons using loudspeakers or public address shall maintain the noise level and restrain it from exceeding 10 dB (A) above the ambient noise standards for the area specified or 75 dB (A) whichever is lower.
    • What is the Noise level for a private sound system?
      : The persons owning a private sound system or a sound producing instrument shall not, exceed the noise above 5 dB (A) the noise standards specified for the area in which it is used.
    • What are the prohibitions on violating the silence zone areas?
      A person shall not do the following acts in silence zone

      1. Playing any music or uses any sound amplifiers,
      2. A drum or tom-tom or blows a horn either musical or pressure, or trumpet or beats or sounds  any instrument, or
      3. Playing any musical or other performance of a to attract crowd
      4. Bursting sound-emitting firecrackers
      5. Using a loudspeaker or a public address system.

     

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  • Autism Support Network to give Specialised Care in Rural India

    The Centre for Autism and Other Disabilities Rehabilitation Research and Education (CADRRE), a not-for-profit organization will launch “Pay Autention — a different mind is a gifted mind”, India’s first bridgital autism support network.

    Pay ‘Autention’

    • The initiative shall pave the way for small towns and rural India to access specialised care and support and help create an auxiliary network of champions for the differently-abled.
    • This platform shall also enable mentoring, skilling and meaningful livelihoods for people with autism.
    • In the first phase, the initiative will primarily focus on supporting children with autism, and subsequently, in the second stage, it will focus on young adults, empowering them with life skills and career readiness.
    • The content is designed and delivered in collaboration with specialists from CADRRE who have expertise in training children with autism.
    • The project aims to create a network of grassroots champions, enable early identification, first-level care, teach social skills, ways to ease activities of daily living, hold workshops for sensory and motor development.
    • It also focuses on art and craft, dance, music therapy, physical and mental fitness, communication skills and enable support for academics.

    What is Autism?

    • Autism, also called autism spectrum disorder (ASD), is a complicated condition that includes problems with communication and behaviour.
    • It can involve a wide range of symptoms and skills.
    • ASD can be a minor problem or a disability that needs full-time care in a special facility.
    • People with autism have trouble with communication. They have trouble understanding what other people think and feel.
    • This makes it hard for them to express themselves, either with words or through gestures, facial expressions, and touch.
    • People with autism might have problems with learning. Their skills might develop unevenly.
    • For example, they could have trouble communicating but be unusually good at art, music, math, or memory.

    What are the signs of Autism?

    Symptoms of autism usually appear before a child turns 3. Some people show signs from birth. Common symptoms of autism include:

    • A lack of eye contact
    • A narrow range of interests or intense interest in certain topics
    • Doing something over and over, like repeating words or phrases, rocking back and forth, or flipping a lever
    • High sensitivity to sounds, touches, smells, or sights that seem ordinary to other people
    • Not looking at or listening to other people
    • Not looking at things when another person points at them
    • Not wanting to be held or cuddled
    • Problems understanding or using speech, gestures, facial expressions, or tone of voice
    • Talking in a sing-song, flat, or robotic voice
    • Trouble adapting to changes in routine

    What causes Autism?

    • Exactly why autism happens isn’t clear. It could stem from problems in parts of your brain that interpret sensory input and process language.
    • Autism is four times more common in boys than in girls. It can happen in people of any race, ethnicity, or social background.
    • Family income, lifestyle, or educational level doesn’t affect a child’s risk of autism. But there are some risk factors:
    1. Autism runs in families, so certain combinations of genes may increase a child’s risk.
    2. A child with an older parent has a higher risk of autism.
    3. Pregnant women who are exposed to certain drugs or chemicals, like alcohol or anti-seizure medications, are more likely to have autistic children
    4. Other risk factors include maternal metabolic conditions such as diabetes and obesity.

    Prevalence of Autism in India

    • Prevalence and incidence statistics about autism in India is 1 in 500 or 0.20% or more than 2,160,000 people.
    • According to a study, an estimated three million people live with autistic spectrum disorder (ASD) on the Indian subcontinent.

     

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  • Death Penalty

    Context

    On April 22, a Bench of the Supreme Court of India, led by Justice U.U. Lalit, decided to critically examine the routine and abrupt way in which trial judges often impose the death penalty on convicts.

    Individualistic approach

    • The challenge before the Court in the instant case of Irfan vs State of Madhya Pradesh was to identify the mitigating circumstances and to ensure a convict-centric approach so that the imposition of capital punishment becomes rarer, fairer, and principled.
    • According to the Court, “a ‘one size fit for all’ approach while considering mitigating factors during sentencing should end”.
    • Mitigation expert: The Bench indicated the need for mitigation experts to assist trial courts in reaching a correct conclusion on whether one should be sent to the gallows or not.
    • The Court seemed to think that an individualistic approach that examines the social, economic, emotional, and genetic components that constituted the offender rather than the offence, would go a long way in evolving a just and judicious sentencing policy.
    • An analysis of the possible reasons to avert the death penalty is reflected in a series of recent verdicts such as Lochan Shrivas vs State of Chhattisgarh (2021) and Bhagchandra vs State of Madhya Pradesh (2021).
    • These reasons might include socio-economic backwardness, mental health, heredity, parenting, socialisation, education, etc.

    Background of the humane and reformist framework

    • The special reason: According to Section 354(3) in the Code of Criminal Procedure, while imposing the capital punishment, the judge should specify “the special reasons” for doing so.
    • It was in Bachan Singh vs State of Punjab (1980) that the Constitution Bench suggested a humane and reformist framework in the matter.
    • Bachan Singh requires the trial courts not only to examine the gravity of the offence but also the condition and the ‘reformability’ of the accused. 
    • Not unconstitutional: The Court, in Bachan Singh, refused to declare the death penalty as unconstitutional. 
    • It abundantly implied that no person is indubitably ‘irreformable’.
    • It had the effect of practically undoing the death penalty provision, if taken in its letter and spirit.
    • Person-centric approach: This person-centric approach, for its materialisation, needs a different judicial acumen that recognises the convict in her multitudes.

    Is the Bachan Singh doctrine followed?

    • The Bachan Singh principle was followed more in its breach than in compliance even by the Supreme Court.
    • In Ravji vs State of Rajasthan (1995), the Supreme Court said that it is the nature of the crime and not the criminal which is germane for deciding the punishment.
    • Several other cases also were decided by ignoring the Bachan Singh doctrine, as noted by the Supreme Court itself in Santhosh Kumar Satishbhushan Bariyar vs State of Maharashtra (2009) and Rajesh Kumar vs State (2011).
    • This egregious judicial error will have to be kept in mind while the Court revisits the issues related to mitigating factors and individual-centered sentencing policy in the Irfan case.
    • Shortcomings of Bachan Sing: Bachan Singh did not, in concrete terms, elaborate on the mitigating factors and the methods to gather them to avert the death penalty.
    • Nor did it explain the issues such as burden of proof and standard of proof in detail.

    Issue of misuse and overuse

    • Misuse of sedition provision: The Indian experience shows that whenever the Court tries to dilute the harshness of penal provisions by a balancing approach, instead of striking down the provision, the instrumentalities of the state (including the police, the prosecution and the court) continue to overuse or misuse the provisions.
    • The Supreme Court endorsed the validity of the sedition law (Section 124A of the Indian Penal Code) with a rider that it could be invoked only when there is an incitement to violence.
    • But the state seldom acts based on interpretation of the law. 
    •  Many were booked for the charge of sedition since then for mere words, innocent tweets or harmless jokes.

    Social implications

    • Disproportionate effect on the poor: In India, as elsewhere, the poor, rather than the rich, are sent to the gallows.
    • Ineffectiveness of legal assistance: In Williams vs Taylor (2000), the U.S. Supreme Court said that failure of the defence lawyer in highlighting the mitigating factors that could lead to avoidance of capital punishment makes the legal assistance ineffective. 
    • Therefore, it infringes constitutionally guaranteed rights.
    • In the Indian scenario, the legal assistance received by the poor facing serious charges is far from satisfactory.
    • Mitigating factors not placed: And in the matter of sentencing too, the mitigating factors are either not placed before the trial court or not persuaded adequately to convince the trial judge to avoid the death penalty.

    Way forward

    • Taking empirical lessons from the fate of Bachan Singh, the Supreme Court may have to now ask the more fundamental question posed and negatived in Bachan Singh — the question of the constitutional validity of death penalty.
    • Comprehensive report: The Court, in the instant case, will have to evolve a legal device for procurement of a comprehensive report dealing with the socio-economic and hereditary backgrounds of the accused from experts in the fields of social work, psychiatry, psychology, anthropology, etc.
    • Violation of Article 21: The Court may have to revisit Bachan Singh itself in so far as it refused to declare the death penalty as violative of the right to life envisaged under Article 21 of the Constitution.
    • Across the world, 108 nations have abolished death penalty in law and 144 countries have done so in law or practice, according to the Amnesty Report of 2021.
    • Judicial errors: In the Indian context, where judgmental error is quite frequent and the quality of adjudication is not ensured, what is required is a judicial abolition of death penalty. 

    Conclusion

    The present matter will have to be referred to a larger Bench, with a view to rectify the foundational omission in Bachan Singh — of not explicitly declaring capital punishment as unconstitutional.

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  • Placing semicon diplomacy at the heart of India’s foreign policy

    Context

    The current decade presents a unique opportunity to India. . India must seize this opportunity and become an attractive alternative destination for semiconductor manufacturing.

    Importance of semiconductors

    • Semiconductor chips are the lifeblood of the modern information age.
    • The semiconductor is the cornerstone of all electronic products.
    • They enable electronic products to compute and control actions that simplify our lives.
    • These semiconductor chips are the drivers for ICT development and one of the key reasons for the current flattening of the world

    Global cooperation driven by semiconductors

    • The manufacturing cycle of a semiconductor chip from sand to a finished product, sees it change hands approximately 70 times across international borders.
    • Concentrated in few geographies: The semiconductor manufacturing capacities are concentrated in a few geographies.
    • Nearly all leading edge (sub 10nm) semiconductor manufacturing capacity is limited to Taiwan and South Korea, with nearly 92 per cent located in the former.
    • Further, 75 per cent of the semiconductor manufacturing capacity is concentrated in East Asia and China.

    Opportunity for India

    • Companies are looking to diversify their supply chain and for alternatives to their bases in China.
    • The chip shortages due to Covid-19 have hit automakers with a revenue loss of $110 bn in 2021.
    • The Russia-Ukraine conflict and its implications for raw material supplies for the semiconductor value chain has also poised chipmakers to invest in strengthening the semicon supply chain.
    • India must seize this opportunity and become an attractive alternative destination for semiconductor manufacturing.
    • The way ahead is conceptualising a semicon diplomacy action plan.
    • Placing semicon diplomacy at the heart of India’s foreign policy is essential both strategically and economically.
    • The multiplier effect on the economy: The establishment of the value chain for semiconductors would ensure a multiplier effect on the entire economy. 
    • National security implications: Semiconductors are used in critical infrastructures such as communication, power transmission etc., that have implications for national security. 
    • Reducing the BoP: Domestic production would be saving forex and reducing the balance of payments, especially vis a vis China.

    Way forward: Leveraging Semicon diplomacy

    • One of the ways of leveraging semicon diplomacy is increasing multilateral and bilateral cooperation.
    • Role of Quad: A key institution with immense potential in this regard is the Quad.
    • Australia, being rich in raw materials required for semiconductors, can be an important supplier to fill in India’s deficits.
    • The US and Japan can be leveraged for capacity building and their advanced semiconductor technology in logic and memory segments.
    • Pivot India’s Act East Policy: Considering that the semiconductor manufacturing and testing bases are heavily concentrated in East Asia, the Act East policy provides an opportunity to connect and strengthen ties with key players in the region.
    • Technological exchanges with ASEAN: Frequent technological exchanges between a regional bloc like ASEAN via tracks in forums like the East Asia Summit and the ASEAN regional forum will be beneficial.
    • Collective growth: Attaining self-sufficiency in semiconductor manufacturing can mean collective growth of the South Asian region.
    • India needs to harness its strengths, such as the strong presence of global EMS players, diaspora, world-class design ecosystem, demographic dividend, and use it as a pedestal for global partnerships and outreach.

    Conclusion

    India’s concept of self-reliance is not an individualistic endeavour but one that encourages growth and prosperity of all, in the spirit of Vasudhaiva Kutumbakam, meaning the entire world is one family. Similarly, we don’t have an option but to be self-reliant in semiconductors.

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  • What are the rules for resignation and reinstatement of an IAS officer?

    A decorated Indian Administrative Service (IAS) officer and UPSC CSE topper from 2010, who resigned from the service in protest against the “unabated” killings in Kashmir in 2019, has been reinstated.

    What rules apply when an IAS officer chooses to resign?

    • A resignation is a formal intimation in writing by an officer of his/her intention or a proposal to leave the IAS, either immediately or at a specified date in the future.
    • Guidelines of the Department of Personnel, the cadre controlling department for the IAS, say that a resignation has to be clear and unconditional.
    • The resignation of an officer of any of the three All-India Services — IAS, the IPS and IFoS — is governed by Rules 5(1) and 5(1)(A) of the All India Services (Death-cum-Retirement Benefits) Rules, 1958.
    • There are similar rules for resignation of officers belonging to the other central services as well.
    • Resignation from service is entirely different from accepting the government’s Voluntary Retirement Scheme (VRS).

    To whom must the resignation of an IAS officer be submitted?

    • An officer serving in a cadre (state) must submit his/her resignation to the chief secretary of the state.
    • An officer who is on central deputation is required to submit his/her resignation to the secretary of the concerned Ministry or Department.
    • The Ministry/Department then forwards the officer’s resignation to the concerned state cadre, along with its comments or recommendations.

    What happens after the resignation is submitted?

    • The state checks to see if any dues are outstanding against the officer, as well as the vigilance status of the officer or whether any cases of corruption etc. are pending against him/her.
    • In case there is such a case, the resignation is normally rejected.
    • Before forwarding the resignation to the central government, the concerned state is supposed to send information on the issues of dues and vigilance status, along with its recommendation.
    • The resignation of the officer is considered by the competent authority, i.e., the central government, only after the recommendation of the concerned cadre has been received.
    • The competent authorities are: Minister of State at the DoPT in respect of the IAS, the MHA in respect of the IPS, and the MoEFCC in respect of the Forest Service.
    • Being the minister in charge of the DoPT, the Prime Minister himself takes decisions currently in respect of the IAS.

    Under what circumstances is a resignation accepted or rejected?

    • A circular issued by the DoPT on February 15, 1988 regarding resignation says that it is not in the interest of the government to retain an officer who is unwilling to serve.
    • The general rule, therefore, is that the resignation of an officer should be accepted — except in certain circumstances.
    • The references are made regarding the merit of the disciplinary case pending against the Government servant and whether it would be in the public interest to accept the resignation.
    • In some cases, resignations have been rejected because disciplinary cases were pending against officers.
    • In such cases, concurrence of the Central Vigilance Commission (CVC) is obtained.
    • The government also checks whether the concerned officer had executed any time-bond to serve the government.

    Is an officer allowed to withdraw a resignation that has already been submitted?

    • Rule 5(1A)(i) of the amended DCRB Rules says the central government may permit an officer to withdraw his/her resignation “in the public interest”.
    • An amendment in the Rules in 2011 states the member is allowed to resume duty as a result of permission to withdraw the resignation is not more than 90 days”.
    • The request for withdrawal of resignation shall NOT be accepted where a member of the Service resigns to be associated with any active politics/ political parties.

    And under what circumstances is the withdrawal of an officer’s resignation accepted?

    • The 2011 guidelines say that if a resigned officer resignation sends an intimation in writing withdrawing it before its acceptance by the competent authority, the resignation will be deemed to have been automatically withdrawn.
    • The officer under discussion had resigned on January 9, 2019, but his resignation was not processed.

     

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  • Status of the Naga Peace Talks

    The annual report of the Ministry of Home Affairs (MHA) released a report on insurgency-related incidents in Nagaland.

    It recently said that the Isak-Muivah faction of the National Socialist Council of Nagaland (NSCN-IM) was involved in 44% of insurgency-related incidents in 2020.

    Why in news?

    • The Union government had, in 2015, signed a framework agreement with the NSCN-IM to find a solution to the Naga political issue.
    • The negotiations are yet to be concluded.

    Who are the Nagas?

    • The term Naga was created by the British for administrative convenience to refer to a group of tribes with similar origins but distinct cultures, dialects, and customs.
    • The Naga tribes are accumulated in Nagaland, Arunachal Pradesh, Manipur, and Myanmar.

    Why did the Naga insurgency begin?

    • Residing in the Naga hills of Assam during the advent of the British and the annexation of Assam in 1820, the Nagas did not consider themselves a part of British India.
    • The British adopted a way of governance over the Nagas that involved keeping in place their traditional ways of life, customs, and laws while putting British administrators at the top.
    • At the time of the withdrawal of the British, insecurity grew among the Naga tribes about the future of their cultural autonomy after India’s independence.
    • This was accompanied by the fear of the entry of “plains people” or “outsiders” into their territory.

    Do you know?

    In a memorandum to the Simon Commission in 1929, representatives of Naga tribes demanded that Nagas be left free after Independence and not be included in the Indian Union.

    Collective actions of the Nagas

    • Above mentioned factors gave rise to the formation of the Naga Hills District Tribal Council in 1945, which was renamed the Naga National Council (NNC) in 1946.
    • Amid uncertainties over the post-independence future of the Nagas, a section of the NNC, led by Naga leader A.Z. Phizo declared the independence of the Nagas on August 14, 1947.
    • The underground insurgency began in the early 1950s when Mr. Phizo founded the Naga Federal Government (NFG) and its armed wing, the Naga Federal Army (NFA).

    Outcome of the then insurgency

    • The Central Government sent the armed forces into Naga areas to curb the insurgency.
    • It imposed the contentious Armed Forces Special Powers Act (AFSPA) which is still in place in parts of Nagaland.
    • The Nagas, led by Mr. Phizo, demanding an independent state outside of India, boycotted the 1952 and 1957 general elections and armed clashes grew.
    • Unlike other groups in the north east which were accepting some form of autonomy under the Constitution, Nagas rejected this in favour of sovereignty.

    Negotiations with the govt

    • Some leaders among the NNC formed their own group to hold discussions with the government, leading to the formation of the State of Nagaland in 1963.
    • This, however, did not satisfy many in the NNC and NFG, who, following years of negotiations with the government, eventually signed the Shillong Accord of 1975, agreeing to surrender arms and accept the Constitution.

    When did the NSCN come into the picture?

    • This signing of the Shillong Accord was not agreeable with many top leaders of the NNC and those operating from Myanmar.
    • A/c to them, the agreement did not address the issue of Naga sovereignty and coerced them to accept the Constitution.
    • Three NNC rebel leaders, formed the National Socialist Council Of Nagaland (NSCN) to continue the armed movement for ‘independence’.

    Again split in NSCN

    • In 1988, after years of infighting and violent clashes along tribal lines and over the main cause of the movement, the NSCN split into two factions.
    • One, led by Mr. Muiwah and Swu called the NSCN-IM and the other, led by Mr. Khaplang called the NSCN-K.
    • The NSCN-IM demanded and continues to demand for ‘Greater Nagaland’ or Nagalim.
    • It wants to extend Nagaland’s borders by including Naga-dominated areas in the neighbouring States of Assam, Manipur and Arunachal Pradesh.
    • The NSCN-IM has now grown to become the most powerful insurgent group, also playing a role in the creation of smaller groups in other States.

    Where do the peace talks stand now?

    • In 1997, the Government of India got the NSCN-IM to sign a ceasefire agreement to begin the holding of talks with the aim of signing a Naga Peace Accord.
    • After this ceasefire, there have been over a hundred rounds of talks spanning over 24 years between the Centre and the insurgent group, while a solution is still awaited.

    Issues of contention

    • Independence celebration: Nagas across Nagaland, Manipur, Assam and Arunachal Pradesh celebrate August 14 as Independence Day. According to Naga historians, Gandhi agreed that the Nagas would celebrate their independence a day ahead of India, on August 14, 1947.
    • Naga flag: In the Naga narrative, passed down generations by word of mouth, the Naga flag was not designed by a mortal but is of divine origin.
    • Secessionist tendencies: A large section of the Nagas still holds dear the idea of the Naga identity and their tribal roots.

    Way ahead

    • The Naga struggle claimed thousands of lives over decades and devastated countless homes, all over the idea of a sovereign Naga nation.
    • If the NSCN (I-M) accedes to economic and political packages alone, without a separate flag and constitution, it remains to be seen whether it will be seen as a solution, or as a defeat.

     

    Also read,

    [Burning Issue] Naga Peace Talks

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  • What is China’s Global Security Initiative?

    Chinese President Xi Jinping last week proposed a “Global Security Initiative” to promote security for all in the globe.

    What is Global Security Initiative?

    • Conceived as a global public good, the initiative seeks to promote world peace and stability by fostering equity and justice among nations.
    • To do this, Xi defined his proposal in six areas:
    1. Stay committed to the vision of common, comprehensive, cooperative and sustainable security, and work together to maintain world peace and security;
    2. Stay committed to respecting the sovereignty and territorial integrity of all countries, uphold non-interference in internal affairs, and respect the independent choices of development paths and social systems made by people in different countries;
    3. Stay committed to abiding by the purposes and principles of the UN Charter, reject the Cold War mentality, oppose unilateralism, and say no to group politics and bloc confrontation;
    4. Stay committed to taking the legitimate security concerns of all countries seriously, uphold the principle of indivisible security, build a balanced, effective and sustainable security architecture, and oppose the pursuit of one’s own security at the cost of others’ security;
    5. Stay committed to peacefully resolving differences and disputes between countries through dialogue and consultation, support all efforts conducive to the peaceful settlement of crises, reject double standards, and oppose the wanton use of unilateral sanctions and long-arm jurisdiction;
    6. Stay committed to maintaining security in both traditional and non-traditional domains, and work together on regional disputes and global challenges such as terrorism, climate change, cybersecurity, and biosecurity.

    It is quite ironic that China has never adhered to any of the above-stated lofty principles and now is preaching them to the world.

    Key propositions made by Xi

    • China opposes the wanton use of unilateral sanctions and long-arm jurisdiction, appearing to refer to Western sanctions.
    • He said “some countries” were “eager to engage in exclusive ‘small circles’ and ‘small groups’”, terms Chinese officials have used previously to describe the Quad and the AUKUS (Australia-U.K.-U.S.) security pact.
    • He firmly opposed the use of the ‘Indo-Pacific’ strategy to divide the region and create a ‘new Cold War’, and the use of military alliances to put together an ‘Asian version of NATO’.
    • According to him, China upholds true spirit of multilateralism.

    A critical assessment of Xi’s speech

    • The idea of a world-encompassing security mechanism sounds like what China’s ancient emperors might have proposed.
    • Diplomats are under pressure to dissect the meaning but are having a hard time: Xi’s speech contained only abstract Chinese words and idioms.
    • One thing is very clear, China always comes out with an excessively large framework that nobody objects to.
    • The idea is that even if countries don’t agree wholeheartedly, at least they can’t fully oppose it.

    Conclusion

    • Chinese criticism of unilateralism, hegemony and double standards is usually aimed at the U.S.
    • Xi envisions a gradually weakening America replaced by a multipolar world in which China is a major player.

     

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  • Tribes in news: Hattis of Himachal Pradesh

    The Centre is set to consider the Himachal Pradesh government’s request for inclusion of the Hatti community in the list of Scheduled Tribes in the state.

    Who are the Hattis?

    • The Hattis are a close-knit community who got their name from their tradition of selling homegrown vegetables, crops, meat and wool etc. at small markets called ‘haat’ in towns.
    • The Hatti community, whose men generally don a distinctive white headgear during ceremonies, is cut off from Sirmaur by two rivers called Giri and Tons.
    • Tons divides it from the Jaunsar Bawar area of Uttarakhand.
    • The Hattis who live in the trans-Giri area and Jaunsar Bawar in Uttarakhand were once part of the royal estate of Sirmaur until Jaunsar Bawar’s separation in 1815.
    • Due to topographical disadvantages, the Hattis living in the Kamrau, Sangrah, and Shilliai areas lag behind in education and employment.

    Societal norms of Hattis

    • The Hattis are governed by a traditional council called Khumbli, which like the khaps of Haryana, decide community matters.
    • The Khumbli’s power has remained unchallenged despite the establishment of the panchayati raj system.
    • The two clans have similar traditions, and inter-marriages are commonplace.
    • There is a fairly rigid caste system among the Hattis — the Bhat and Khash are the upper castes, while the Badhois are below them.
    • Inter-caste marriages have traditionally remained a strict no-no.

    Who are Paharis?

    • The proposal called for the inclusion of the “Paddari tribe”, “Koli” and “Gadda Brahman” communities to be included on the ST list of J&K.
    • The suggestion for the inclusion had come from the commission set up for socially and educationally backward classes in the UT.
    • The J&K delimitation commission has reserved six of the nine Assembly segments in the Pir Panjal Valley for STs.

    Back2Basics: Scheduled Tribes

    The above Article also provides for listing of scheduled tribes State/Union Territory wise and not on an all India basis.

    • The term ‘Scheduled Tribes’ first appeared in the Constitution of India.
    • Article 366 (25) defined scheduled tribes as “such tribes or tribal communities or parts of or groups within such tribes or tribal communities as are deemed under Article 342 to be Scheduled Tribes for the purposes of this constitution”.
    • Article 342 prescribes procedure to be followed in the matter of specification of scheduled tribes.

    How are STs notified?

    • As per the current procedure, each proposal for the scheduling of a new community as ST has to originate from the relevant State Government.
    • It is then sent to the Ministry of Tribal Affairs, which sends it to the Office of the Registrar General of India (RGI).
    • Once approved by the Office of the RGI, it is sent to the National Commission for Scheduled Tribes (NCST), and only after its approval is it sent to the Cabinet.

    Status of STs in India

    • The Census 2011 has revealed that there are said to be 705 ethnic groups notified as Scheduled Tribes (STs).
    • Over 10 crore Indians are notified as STs, of which 1.04 crore live in urban areas.
    • The STs constitute 8.6% of the population and 11.3% of the rural population.

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