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GS Paper: GS2

  • Only 4 States adopt Model Tenancy Law

    More than a year since the Union Housing and Urban Affairs Ministry circulated the Model Tenancy Act (MTA), only four States had revised their tenancy laws to be in line with the MTA.

    What is the Model Tenancy Act?

    • MTA is aimed at opening up of the vacant housing stock for rental housing purposes and helping bridge the trust deficit that exists between tenants and landlords by clearly delineating their obligations.
    • The housing and urban affairs ministry had floated the draft model tenancy law in July 2019.

    Major provisions of MTA

    (1) Rent Court and Rent Tribunal:

    • To ensure speedy redressal of disputes, the Act calls for establishing a separate Rent Court and Rent Tribunal in every state/UTs to hear appeals for matters connected to rental housing.
    • Only the rent court and no civil court will have the jurisdiction to hear and decide the applications relating to disputes between landowner and tenant and matters connected with it.
    • It calls for the disposal of complaints and appeals by the Rent Court and Rent Tribunals within 60 days.

    (2) Tenancy Agreements:

    • It also seeks to establish an independent authority in every state and Union Territory for the registration of tenancy agreements.
    • Under the Act, unless otherwise agreed in the tenancy agreement, the landlord will be responsible for activities like structural repairs except those necessitated by damage caused by the tenant etc.
    • On his part, a tenant will be responsible for drain cleaning, switches and socket repairs, kitchen fixtures repairs, replacement of glass panels in windows, doors and maintenance of gardens and open spaces, among others.

    For residential and commercial properties

    • The Act will apply to premises let out for residential, commercial or educational use, but not for industrial use. It also won’t cover hotels, lodging houses, inns, etc.
    • This model law will be applied prospectively and will not affect existing tenancies.
    • It seeks to cover both urban as well as rural areas.
    • The Act says that a security deposit equal to a maximum of two month’s rent in the case of residential premises and a maximum of six month’s rent in the case of non-residential premises would have to be paid by the tenants.

    How will states implement it?

    • As per the MoU signed under PMAY-U, the states and union territories would legislate or amend the existing rental laws on the lines of the MTA.

    Why was a need felt to bring this on?

    (1) For a rental economy

    • Without a well-rounded rental policy and the proper implementation of the rental contracts, there was no sound mechanism to resolve tenant-landlord conflicts.
    • Property owners find it challenging to evict tenants if they misuse the property.
    • To steer clear of such complications, such property owners often chose to keep these homes vacant instead of renting them out.

    (2) Unattractive rental yield

    • In India, the rental yield for residential property is quite low, even in bigger cities. It is in the range of 1.5% to 3% of the capital values.
    • This has disincentivized people from investing in second or third homes which could be rented out.
    • Often, they also prefer to leave their properties vacant in case they return to India.
    • NRIs avoid leasing their residential properties for fear of squatters and dealing with the legalities of eviction.

    How will MTA help?

    (1) Unlocking homes

    • It will unlock vacant houses for rental purposes
    • It will enable the creation of adequate rental housing stock for all the income groups thereby addressing the issue of homelessness.

    (2) Helping migrants

    • Rental housing is a preferred option for students and migrants.
    • It will balance the rights of both landlords and tenants.

    (3) Effective negotiations

    • There is no monetary ceiling under MTA, which enables parties to negotiate and execute the agreement on mutually agreed terms.
    • It will give confidence to landlords to let out their vacant premises, the housing ministry said.
    • The Act also tries to address how a renter can legitimately increase the rent.

    (4) Control over encroachments

    • It has proposed limiting the advance security deposits to two months’ rent and has also suggested heavy penalties for tenants who decide to overstay.
    • Those who do may have to shell out double the rent for two months and even four months.

    (5) Rights of tenants

    • The landowner cannot cut power and water supplies in case of a dispute and would have to provide a 24-hour notice to tenants to carry out repair work.
    • Should the landlords wish to increase the rent, they will need to provide a three-months notice to the tenants.
    • These measures would go a long way in protecting the rights of a tenant as it regulates the rent hikes that tenants have had to face.

    Challenges ahead

    While the proposals of the Act have been widely welcomed, their implementation may not be very simple.

    (1) Not binding nature

    • The Act is not binding on the states as land and urban development remain state subjects.
    • Like in the case of RERA, the fear is that states may choose not to follow guidelines, diluting the essence of the Model Act.

    (2) Issues over paltry rents

    • Also, the Model Act is prospectively applicable and will not affect the existing tenancies.
    • The repeal of rent control Acts can be governed by political exigencies.
    • This may be a complicated process in cities like Mumbai, where tenants have occupied residential properties in prime areas for absurdly low rents.

     

     

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  • IIT-Bombay to help treat Mumbai’s Sewage with new tech

    To prevent sludge and sewage from stormwater drains from flowing into the sea, Brihanmumbai Municipal Corporation (BMC) has planned in-situ treatment of sewage from the drains with the help of N-Treat Technology developed by IIT-B.

    What is N-Treat technology?

    • N-Treat is a seven-stage process for waste treatment that uses screens, gates, silt traps, curtains of coconut fibres for filtration, and disinfection using sodium hypochlorite.
    • According to the detailed project report for N-Treat, it is a natural and environment-friendly way of sewage treatment.
    • It’s setup takes place within the nullahs channels that is through the in-situ or on-site method of treatment, and does not require additional space.

    What does the process involve?

    (1) Screening

    • The first stage involves screening to prevent the entry of floating objects such as plastic cups, paper dishes, polythene bags, sanitary napkins, or wood.
    • IIT-B has proposed to install three coarse screens, the first with 60 mm spacing for removal of large floating matter, the second with 40 mm spacing, and the third with 20 mm spacing.

    (2) Slit trap

    • The second stage has proposed construction of a silt trap, which creates an inclination and ‘parking spot’ on the bed of the nullah for sedimentation.

    (3) Bio zones

    • The next three stages are installation of ‘bio zones’ in the form of coconut fibre curtains that will act as filters and promote growth of biofilm to help in decomposition of organic matter.
    • A floating wetland with aquatic vegetation planted on floating mats has been proposed.

    (4) Florafts

    • Aside from a floating bed on the surface, IIT-B has proposed suspending floating rafts vertically, called florafts.
    • Their hanging roots would provide a large surface area for passive filtration as well as development of microbial consortium.
    • In the floating wetlands, plants acquire nutrition directly from the water column for their growth and development, thus reducing the organic as well as inorganic pollutants.
    • The final stage for sewage treatment will include disinfection using sodium hypochlorite, to kill the bacteria in the water.

    How will it be used by BMC?

    • A senior civic official said: “BMC approached IIT-B to submit a Detailed Project Report for the project.
    • The N-Treat method suggested to the civic body is cost-effective, as it does not require manual pumping, and saves electricity, and does not require extensive manpower for maintenance.”
    • The floating matter will be removed daily, silt deposits from the silt traps will be removed once in four months, and plants will be trimmed as required.
    • The floating matter collected every day will be disposed of at the nearest municipal waste collection point daily.

     

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  • Law panel to examine Simultaneous Elections

    The issue of holding simultaneous Lok Sabha and Assembly elections had been referred to the Law Commission for a practicable road map and a framework can be worked out, the Union Law Minister informed the Lok Sabha.

    What are simultaneous polls?

    • Currently, elections to the state assemblies and the Lok Sabha are held separately — that is whenever the incumbent government’s five-year term ends or whenever it is dissolved due to various reasons.
    • This applies to both the state legislatures and the Lok Sabha. The terms of Legislative Assemblies and the Lok Sabha may not synchronize with one another.
    • For instance, Rajasthan faced elections in late 2018, whereas Tamil Nadu will go to elections only in 2021.
    • But the idea of “One Nation, One Election” envisages a system where elections to all states and the Lok Sabha will have to be held simultaneously.

    Simultaneous polls in India

    • India had concurrent elections for the first two decades.
    • Starting from the first general elections of free India in 1951 and the next three cycles of elections, the country witnessed concurrent Lok Sabha and Assembly elections.
    • Exceptions to these were a few states like Kerala where a mid-term election was held in 1960 on the premature dissolution of the Assembly.
    • In Nagaland and Pondicherry where the Legislative Assembly was created only after the 1962 general elections.

    End of the era

    • The fourth Lok Sabha constituted in 1967 was dissolved prematurely in 1971 ahead of its normal term resulting in a mid-term Lok Sabha election.
    • This was the beginning of the end of simultaneous elections in India.
    • Extension of the term of Lok Sabha during the National Emergency declared in 1975 and the dissolution of Assemblies of some States after the 1977 Lok Sabha election further disturbed this cycle.
    • Currently, there are at least two rounds of Assembly general elections every year.

    Making simultaneous elections a reality

    • Sections 14 and 15 of the Representation of the People Act, 1951, empower the Election Commission to notify elections any time during the last six months of the term of the House and not earlier than that.
    • Therefore, if the terms of the Houses are expiring within a window of three to four months, it would be legally possible to hold elections simultaneously to constitute the new Houses.
    • In other words, to contemplate simultaneous elections, we need, as a starting point, a situation where the Lok Sabha and the Legislative Assemblies of all States and UTs have their terms ending together.

    Synchronizing the terms of the Houses

    • Both the Lok Sabha and Legislative Assemblies (ordinarily) have a term of five years.
    • Article 83 of the Constitution provides for the tenure of Lok Sabha. Identical provisions are present in Article 172(1) regarding the term of the Legislative Assemblies.

    There is no duplication of work in preparing the electoral rolls for the two elections and hence no extra labor or expenditure is involved on this count.

    What is required?

    • This necessarily calls for either extending the terms of several of the Houses or curtailing of terms or a combination of both, that too by two to three years in some cases.
    • For enabling such curtailing or extension of the term, the relevant Articles of the Constitution mentioned above will have to be suitably amended.

    Why Simultaneous Elections?

    Two seemingly relevant factors in favor of simultaneous elections, as opposed to separate elections, are:

    1. Effort saving: Simultaneous elections reduce labour, time and expenditure in the conduct of elections; and
    2. Instances of pause in governance are addressed if elections are conducted in one go instead of staggered elections.

    [1] How is effort saving possible?

    • Electoral roll: Polling stations for Lok Sabha and Legislative Assembly elections are the same. So is the electoral roll.
    • Labour: There is no duplication of work in preparing the electoral rolls for the two elections and hence no extra labour or expenditure is involved on this count.
    • Logistics: In the conduct of elections, all logistic arrangements are replicated for the two elections when the same drill can cater to both the elections if held together.
    • Security: This will also mean saving in terms of human resources. Another area of saving in simultaneous elections would be in the deployment of the Central Police Force.

    [2] Governance pause can be avoided

    • Instances of pause in governance is due to the Model Code of Conduct (MCC).
    • MCC is a set of behavior guidelines for candidates and political parties that comes into operation from the date election is announced by the Election Commission.
    • A crucial part of the MCC is the restrictions on the party in power.  If all elections are held together, the restrictions under MCC will be through in one go.

    [3] Help reduce campaign expenses

    • Simultaneous elections can bring considerable savings in the election propaganda campaign expenditure for the political parties.
    • Given that political funding is a major factor in the increasing menace of corruption, the move to reduce campaign expenditure is a welcome initiative.

    [4] Voter turnout

    • A nationwide election could push up the voter turnout since a once-in-five-years event is bound to attract more enthusiastic participation across all sections.
    • Frequent elections can bring in the election-fatigue factor at least among some sections of electors.
    • The simultaneous elections help address the fatigue element and the usually observed urban apathy in voting. Better electors’ participation will further add to the credibility of the election.

    Exceptions to this debate: Local Bodies’ Elections

    • The local bodies’ elections have not been considered for the analysis here.
    • This is for the reason that the elections to local bodies cannot be clubbed with the proposed simultaneous elections for the Lok Sabha.

    Why?

    • The elections to local bodies are conducted under the superintendence, direction, and control of a different constitutional authority, namely, the respective State Election Commission.
    • Holding local bodies’ elections along with the other elections will require the team of the same polling officials to report to and take instructions from two different authorities simultaneously.
    • There is a distinct set of polling stations too for local bodies’ elections.
    • Further, the litigation forum before which these elections can be challenged is different.

    Challenges in ensuring simultaneous elections in India:

    [1] Synchronizing the Houses

    • Bringing the terms of all the Houses to sync with one another necessarily calls for either extending the terms of several of the Houses or curtailing of terms or a combination of both.
    • This may be by two to three years in some cases.
    • For this, relevant Articles of the Constitution will have to be suitably amended.

    [2] Midterm dissolution cannot be controlled

    • Even if the terms of the Houses are in sync as a one-time measure, we will still need an adequate legal safeguard in place to avoid mid-term dissolution and protect the simultaneous elections cycle.
    • This can be a tough task in conventionally fragile states with smaller assemblies with coalitions.

    [3] EVM related expenses

    • One aspect that could offset the savings would be the doubling of expenses on electronic voting machines (EVMs).
    • Considering that the incidental recurring expense in the storage and security of the EVMs will also be a considerable amount.
    • The overall expenditure in holding elections may not see any substantial dip on account of simultaneous elections.

    Arguments against the idea

    • National and state issues are different, and holding simultaneous elections is likely to affect the judgment of voters.
    • Since elections will be held once in five years, it will reduce the government’s accountability to the people. Repeated elections keep legislators on their toes and increase accountability.
    • When an election in a State is postponed until the synchronized phase, President’s rule will have to be imposed in the interim period in that state.
    • This will be a blow to democracy and federalism.

    Way forward

    • We need an adequate legal safeguarding place to avoid mid-term dissolution and protect the simultaneous elections cycle.
    • For maintaining the electoral cycle, some countries have legal provisions to the effect that for a ‘no-confidence motion’.
    • Their proposed resolution also contains a constructive ‘vote of confidence in an alternative government to continue with the tenure.

     

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  • With partners, India and Japan can form credible deterrence

    Context

    Last week’s report on Asian nuclear transitions by Ashley Tellis of the Carnegie Endowment for International Peace and Japan’s debate on its atomic options underline the shared security challenges for Delhi and Tokyo.

    Common nuclear challenge for India and Japan and need for rethink

    • At the root of that common nuclear challenge is the continuing growth in Chinese military power and the rapid modernisation of Beijing’s nuclear arsenal.
    • 1] Modernising and expansion by China: China is modernising and expanding its nuclear arsenal as part of the general military transformation. Some estimates say China’s arsenal could grow to 1,000 warheads by 2030 from about 350 now.
    • 2] Muscular approach of China:  Xi Jinping’s China has taken a more muscular approach to its territorial disputes, including with India and Japan.
    • 3] Reluctance of the world to confront nuclear power: The Ukraine crisis has revealed that if a nuclear weapon power invades and seizes the territory of a neighbour, the rest of the world is reluctant to directly confront the aggression for fear of an escalation to the nuclear level.
    • Russia made this amply clear with its threat to use nuclear weapons if the US and NATO decide to join the war.

    Nuclear disarmament challenge

    • Indian and Japanese capacity to deter China is eroding steadily thanks to the problems with India’s minimum deterrence posture and the US nuclear umbrella over Japan.
    • India and Japan have long presented themselves as champions of nuclear disarmament.
    • Despite its call for total nuclear disarmament, India never agreed to give up its own nuclear weapons.
    •  Japan, as the world’s victim of nuclear bombing, had even a higher moral claim than India as the champion for the global abolition of nuclear weapons.
    • But Japan’s narrative is shaded by one reality—Tokyo’s reliance on the US nuclear umbrella.
    • Today neither Delhi nor Tokyo is ready to sign the 2017 Treaty on the prohibition of nuclear weapons.
    • It is the problem presented by the expanding Chinese nuclear arsenal and its growing sophistication.
    • Locked in a confrontation with the US, China is determined to raise its nuclear profile.
    • As China closes the economic and military gap with the US, there is a darkening shadow over the credibility of the US-extended deterrence for Japan.
    • This uncertainty is transforming the Japanese security debate.
    • For India, the question is whether its nuclear restraint and policy of minimum deterrence are enough to prevent China’s bullying.

    How Japan is responding to the challenge?

    • In Japan, former prime minister Shinzo Abe had called for a fresh look at Japan’s nuclear policy.
    • He was suggesting that Tokyo must consider “nuclear weapon sharing” with the US.
    • The model is Europe, where several countries including Belgium, Italy, Germany, Italy and the Netherlands have arrangements to participate in the US nuclear weapon deployment and use.
    • This proposal was rejected by the current prime minister.
    • While rejecting nuclear solutions to the problem of deterring China, Japan’s focus has been on raising the defence expenditure, developing sophisticated conventional weapons, beefing up the alliance with the US and widening the circle of Asian as well as European military partners,

    Suggestions in the report

    • Unlike Japan, India has no constraints on its nuclear weapons programme except the ones it has imposed on itself.
    • In the wake of the nuclear tests of 1998, India quickly announced a policy of minimum deterrence and a doctrine of no-first-use of nuclear weapons.
    • The big question is whether this conservatism in India’s nuclear posture can or should be sustained in the face of China’s military modernisation, nuclear expansion and strategic assertiveness.
    • Fresh debate on nuclear policies: The Tellis report, detailed and technical, should provide a basis for a fresh Indian debate about its nuclear weapons policies.
    • Revising US attitude to India’s nuclear weapons: Tellis also calls on the US to revise its attitudes to India’s nuclear weapons programme.
    • In the past, the US insisted on constraining India’s nuclear weapon programme.
    • Today a strong Indian nuclear deterrent against China is critical for the geopolitical stability of Asia and the Indo-Pacific and in the US interest.
    • Facilitating more sophisticated nuclear warheads: Tellis suggests that the US should be prepared to facilitate India’s development of more sophisticated nuclear warheads as well as improve the survivability of the Indian deterrent against the expanding Chinese nuclear arsenal.
    • The US should midwife an agreement under which France would help India accelerate the development of an Indian underwater deterrent based on ballistic missile carrying submarines (SSBN) as well as nuclear attack submarines (SSN),

    Conclusion

    Tellis is calling both Delhi and Washington to reconsider entrenched nuclear assumptions in the two capitals. While the resistance to his ideas will be strong, Delhi and Washington will have to respond, sooner than later, to the dramatic changes in the global environment triggered by the rise and assertion of China.

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    Back2Basics: Nuclear umbrella

    • At the dawn of the nuclear age, to encourage friendly countries to refrain from building nuclear weapons, the United States promised to protect them with U.S. nuclear weapons.
    • This arrangement came to be called the nuclear umbrella. The experts call it extended nuclear deterrence.
    • The umbrella covers the countries in the North Atlantic Treaty Organization (NATO), Japan, South Korea, and Australia.
    • It is not a binding legal arrangement included in their security treaties with the United States.
    • It is an informal assurance reinforced by dialogue and, in the case of NATO, cooperative arrangements to deliver U.S. nuclear weapons if authorized by a U.S. president.

  • Important role of vigilant Opposition in democracy

    Context

    Role of Opposition in indispensable in the democracy.

    Reasons for adopting parliamentary democracy

    • The Indian Constitution adopted the parliamentary system and not the presidential system.
    • B.R. Ambedkar provided the rationale for this: “A democratic executive must satisfy two conditions –
    • (1) It must be a stable executive and
    • (2) it must be a responsible executive.
    • Unfortunately it has not been possible so far to devise a system which can ensure both in equal degree.
    • Assessment of executive: In England, where the parliamentary system prevails, the assessment of responsibility of the executive is both daily and periodic.
    • Daily assessment: The daily assessment is done by members of Parliament, through questions, resolutions, no-confidence motions, adjournment motions and debates on addresses.
    • Periodic assessment: Periodic assessment is done by the electorate at the time of the election.
    • The daily assessment of responsibility which is not available under the American system it is felt far more effective than the periodic assessment and far more necessary in India.

    Role of Opposition in democracy

    • Democracy is the basic feature of the Constitution.
    • The presence of a vigilant Opposition is necessary not just for a vibrant democracy but for its very survival.
    • When the Opposition criticises the government or carries on an agitation to arouse public opinion against a party’s misdeeds, it is performing a duty that is assigned by the Constitution.
    • Without an effective Opposition, democracy will become dull and legislature will become submissive.

    Significance of anti-defection law

    • Encouraging defections from the parties in power in States will sound the death knell for democracy.
    • The Tenth Schedule has failed to serve its purpose.
    • The Supreme Court, in Kihoto Hollohan v. Zachillhu (1992), while upholding the 52nd Amendment said that: “On the one hand there is the real and imminent threat to the very fabric of Indian democracy posed by certain levels of political behaviour conspicuous by their utter and total disregard of well recognised political proprieties and morality… On the other hand, there are… certain side-effects which might affect and hurt even honest dissenters and conscientious objectors.”
    • In upholding the law, the court held: “But a political party functions on the strength of shared beliefs… Any freedom of its members to vote as they please independently of the political party’s declared policies will not only embarrass its public image and popularity but also undermine public confidence in it.”
    • What is whip? The whip system is part of the established machinery of political organisation in the House and does not infringe on a member’s rights or privilege in any way.
    • Some political thinkers have recognised as an additional device the ‘theory of recall,’ so that a member whose personal behaviour falls below standards expected of his constituents goes back and seek their approval.
    • This power is particularly apt when a member shows disloyalty to his party but declines to resign from his seat and to fight an immediate by-election.
    • The anti-defection law was supposed to be the justification underlying the power of recall.

    Way forward

    • Political parties, the judiciary and civil society must take steps to ensure that democracy does not fail.
    • The Opposition must be tolerated because if it is left for the party in power to decide what is healthy and unhealthy criticism, then every criticism of the latter will be treated as unhealthy.
    • while the Opposition must be credible and strong, it is for the Opposition to make itself credible and strong. It must feel the pulse of the people.
    • Unless it makes itself respectable, it cannot demand any respect. This is the biggest challenge facing the nation today.

    Conclusion

    The Opposition must also work constructively. Our constitutional goal was to establish a sovereign, democratic republic.

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  • Defence and technology cooperation is key to US-India partnership

    Context

    The possibility of India’s continuing rise over this century seems to be on a stronger wicket today than it did a decade ago, marred as the early 2010s were by political instability and economic turmoil.

    Historical background of dominance of world economy by the East

    • Prior to the era of colonial exploitation followed by self-inflicted stagnation due to communist economic policies adopted across the region, the ancient civilisations of India and China dominated the world economy
    • There existed a deep history of scientific innovation and technological prowess, which spread by osmosis and intercourse from the East to the West.
    • The West, led principally by Great Britain, then stole a march over Asia with the advent of the Industrial Revolution.
    • Emergence of the US: A pyrrhic victory for Britain in the Second World War marked the formal transfer of the Western bloc’s leadership to the US.

    Geopolitics in 2020s

    • Emergence of China: China is now home to a manufacturing-led and technology-driven economy, competing head-on with the US in areas like biotech, robotics, artificial intelligence, and advanced materials.
    • India, which faced an economic setback when the liberalisation process largely came to a halt between 2004-2014, is back on its feet, with consistent commitment and concerted policy action focused on building domestic capabilities in critical technologies as well as in key manufacturing industries and pursuing important structural economic reforms.
    • Common threat of China: From seeing non-democratic China as a benign partner, the US now sees it as a threat, the present preoccupations in Europe notwithstanding.
    • India, which for a time welcomed Chinese involvement in its economy, has also recalibrated after the 2020 Galwan face-off.
    • Unlike India and the US, which are both well-established republics with deep democratic cultures, China is “a party with a state attached to it”.
    • Concerns for India:  Being inextricably linked by geography, Beijing’s ambition to dominate its periphery and proximate region is of particular concern to India.

    What this mean for India-US relations?

    • Natural allies: Given this background, India and the US are natural allies to confront the challenges posed by an expansionist and aggressive China in the Indo-Pacific and beyond.
    • New areas of cooperation: There are clear signals of unprecedented cooperation between the two countries in areas like national security, defence production and most prominently, new-age information technology and internet industries where American financial firms and blue-chip corporates are contributing growth capital as well as know-how.
    • Closer cooperation in scientific research and critical emerging technologies is imperative.
    • Reducing India’s dependence for defence equipment: In particular, as some American lawmakers highlighted when providing India with exemption under CAATSA that the American defence industry should contribute to reducing India’s dependence on Russian armaments and equipment.
    • Technology cooperation: Connected to the expansion of defence-industrial ties is the broadening of technology collaboration in areas like artificial intelligence, drones, advanced materials, space technology, semiconductors, and biotech in India, beyond the consumer tech and software sectors.

    Conclusion

    Demographic and economic trends firmly position India as a global force that will have the weight to stride alongside America and China, who would constitute the other two geopolitical — and ideological — poles over the 21st century.

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  • ICJ’s latest judgment on Rohingya Genocide

    Judges at the United Nations’ highest court have dismissed preliminary objections by Myanmar to a case alleging for genocide against the Rohingya ethnic minority.

    Who are the Rohingyas?

    • Rohingya Muslims comprise one million out of the 53 million people that live in Myanmar, forming the world’s largest stateless population in a single country.
    • Universally reviled by the country’s Buddhist majority, they have been oppressed by the government since the late 1970s when the government launched a campaign to identify ‘illegal immigrants’.
    • Serious abuses were committed, forcing as many as 250,000 Rohingya refugees to flee to Bangladesh.
    • The 1982 Citizenship Law in former Burma made the Rohingyas stateless people.
    • They have often been called the most persecuted minority in the world.
    • The 1.1 million Rohingya Muslims squeezed precariously into the northwest state of Rakhine, in mainly Buddhist Burma, bordering majority Muslim Bangladesh, are stateless and unwanted.

    Why are they persecuted by Myanmar?

    • To qualify for citizenship, Rohingya applicants had to renounce their identity And accept being labelled as ‘Bengalis’ on all official documents.
    • They also had to prove that they could trace the presence of their family in Rakhine back three generations, something which is extremely difficult as many Rohingya lack documents or had lost them in 2012.

    Why did the Rohingya Crisis happen?

    • Since World War II they have been treated increasingly by Burmese authorities as illegal, interloping Bengalis, facing apartheid-like conditions that deny them free movement or state education.
    • The army “clearing operations” sparked the mass exodus of Rohingyas in both October 2016.
    • In August 2017, were launched after insurgents known as the Arakan Rohingya Salvation Army (ARSA) attacked several paramilitary check posts.
    • Rohingya activists claim the insurgents are mainly young men who have been pushed to breaking point by relentless oppression.

    Security Implications

    • The Rohingya issue and its spill over impact on Myanmar`s western peripheral region and security implications figured in the discussions is not clear.
    • In all probability, the import of the ferment caused by the Rohingya migration, efforts of radical Islamists to influence some of the Rohingya youth, and the Pakistan ISI’s attempts to capitalise on the situation.
    • Rising anger in the Muslim world about the plight of the Rohingya has compounded fears of home-grown militancy as well as support from international jihadists.
    • Illegal movement of people, combined with human trafficking and cross-border migration, can weaken Myanmar’s relations with its neighbour Bangladesh and its ASEAN partners.

    What is the case against Myanmar?

    • Last year, the Republic of the Gambia moved the ICJ against Myanmar over alleged violations of the Convention on the Prevention and Punishment of the Crime of Genocide.
    • The Gambia urged the ICJ to direct Myanmar to stop the genocide, ensure that persons committing genocide are punished, and allow the “safe and dignified return of forcibly displaced Rohingya”.
    • The Gambia and Myanmar are parties to the Genocide Convention that allows a party to move the ICJ for violations.
    • Disputes between the Contracting Parties are settled according to Article 9 of the Genocide Convention.

    International support for Gambia’s case

    • The Netherlands and Canada are backing Gambia, saying in 2020 that the country took a laudable step towards ending impunity for those committing atrocities in Myanmar and upholding this pledge.
    • Canada and the Netherlands consider it their obligation to support these efforts which are of concern to all of humanity.

    What next?

    • The ICJ’s ruling sets the stage for court hearings, airing evidence of atrocities against the Rohingya that human rights groups and a UN probe say amount to breaches of the 1948 Genocide Convention.
    • The International Court of Justice rules on disputes between states.
    • It is not linked to the International Criminal Court, also based in The Hague, which holds individuals accountable for atrocities.
    • Prosecutors at the ICC are investigating crimes committed against the Rohingya who were forced to flee to Bangladesh.
    • The ruling of the ICJ is binding on Myanmar, and cannot be appealed. However, no means are available to the court to enforce it.

    Back2Basics:

    BASIS INTERNATIONAL CRIMINAL COURT (ICC) INTERNATIONAL COURT OF JUSTICE (ICJ)
    Relationship with the United Nations Independent; UN Security Council may refer matters to it Primary judicial branch of the UN.
    Members 105 members 193 members (all members of the United Nations).
    Derives authority from The Rome Statute Charter of the United Nations and the Statute of the International Court of Justice.
    Scope of work Criminal matters – investigating and prosecuting crimes of genocide, crimes against humanity, and war crimes Civil matters- settling legal disputes between the member-states and giving advisory opinions on international legal issues
    Jurisdiction Only the member nations of the ICC, which means around 105 countries. Can try individuals. All the member nations of the UN, which means 193 countries. Cannot try individuals and other private entities.
    Composition 1 prosecutor and 18 judges, who are elected for a 9-year term each by the member-states which make up the Assembly of State Parties with all being from different nations 15 judges who are elected for a 9-year term each and are all from different nations.
    Funding Funded by state parties to the Rome Statute and voluntary contributions from the United Nations, governments, individual corporations, etc. Funded by the UN.

     

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  • Monkeypox is ‘Public Health Emergency’

    The World Health Organization’s Director-General has declared monkeypox a public health emergency of international concern (PHEIC) July 23, 2022.

    What is PHEIC?

    Definition: Under the International Health Regulations (IHR), a public health emergency is defined as “an extraordinary event which is determined, as provided in these Regulations: to constitute a public health risk to other States through the international spread of disease; and to potentially require a coordinated international response”.

    What criteria does the WHO follow to declare PHEIC?

    • PHEIC is declared in the event of some “serious public health events” that may endanger international public health.
    • The responsibility of declaring an event as an emergency lies with the Director-General of the WHO and requires the convening of a committee of members.

    Implications of a PHEIC being declared

    The PHEIC is the highest level of alert the global health body can issue.

    • There are some implications of declaring a PHEIC for the host country.
    • Only polio and SARS-CoV-2 were ongoing PHEIC prior to monkeypox.
    • Declaring a PHEIC may lead to restrictions on travel and trade.

    Back2Basics: Monkeypox

    • The monkeypox virus is an orthopoxvirus, which is a genus of viruses that also includes the variola virus, which causes smallpox, and vaccinia virus, which was used in the smallpox vaccine.
    • It causes symptoms similar to smallpox, although they are less severe.
    • While vaccination eradicated smallpox worldwide in 1980, monkeypox continues to occur in a swathe of countries in Central and West Africa, and has on occasion showed up elsewhere.
    • According to the WHO, two distinct clade are identified: the West African clade and the Congo Basin clade, also known as the Central African clade.

     

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  • Russia, Ukraine seal grain exports deal

    Kyiv and Moscow penned a landmark agreement with Turkey and the UN to unblock Ukraine’s Black Sea grain exports after a Russian blockade raised fears of a global food crisis.

    What is the deal about?

    • The deal was agreed through UN and Turkish mediation.
    • It establishes safe corridors along which Ukrainian ships can come in and out of three designated Black Sea ports in and around Odessa.
    • Both sides also pledged not to attack ships on the way in or out.

    Why such move?

    • It will bring relief for developing countries on the edge of bankruptcy and the most vulnerable people on the edge of famine.
    • The five-month war has already displaced millions and left thousands dead.
    • It is being fought across one of Europe’s most fertile regions by two of the world’s biggest grain producers.
    • Up to 25 million tonnes of wheat and other grain have been blocked in Ukrainian ports by Russian warships and landmines Kyiv has laid to avert a feared amphibious assault.

    Why was the grain export deal signed?

    • Ukraine is one of the world’s largest exporters of wheat, corn and sunflower oil, but Russia’s invasion of the country and naval blockade of its ports have halted shipments.
    • Some grain is being transported through Europe by rail, road and river, but the prices of vital commodities like wheat and barley have soared during the nearly five-month war.
    • Ukrainian and Russian military delegations reached a tentative agreement last week on a UN plan that would also allow Russia to export its grain and fertilizers.
    • Ukraine is expected to export 22 million tons of grain and other agricultural products that have been stuck in Black Sea ports due to the war.

    What is the grain export deal?

    • The deal makes provisions for the safe passage of ships.
    • It foresees the establishment of a control center in Istanbul, to be staffed by UN, Turkish, Russian and Ukrainian officials, to run and coordinate the process.
    • Ships would undergo inspections to ensure they are not carrying weapons.
    • Ukraine has insisted that no Russian ship would escort vessels and that there would be no Russian representative present at Ukrainian ports.
    • Ukraine also plans an immediate military response in case of provocations.

     

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  • What is a Private Member’s Bill?

    Opposition members protested against the introduction of a private member’s Bill on the repeal of The Places of Worship (Special Provisions) Act, 1991, in the Rajya Sabha.

    Private Member’s Bill

    • A private member’s Bill is different from a government Bill and is piloted by an MP who is not a minister. An MP who is not a minister is a private member.
    • Individual MPs may introduce private member’s Bill to draw the government’s attention to what they might see as issues requiring legislative intervention.

    Difference between private and government Bills

    • While both private members and ministers take part in the lawmaking process, Bills introduced by private members are referred to as private member’s Bills and those introduced by ministers are called government Bills.
    • Government Bills are backed by the government and also reflect its legislative agenda.
    • The admissibility of a Private Bill is decided by the Chairman in the case of the Rajya Sabha and the Speaker in the case of the Lok Sabha.
    • Before the Bill can be listed for introduction, the Member must give at least a month’s notice, for the House Secretariat to examine it for compliance with constitutional provisions and rules on legislation.
    • While a government Bill can be introduced and discussed on any day, a private member’s bill can only be introduced and discussed on Fridays.

    Has a private member’s bill ever become a law?

    • No private member’s Bill has been passed by Parliament since 1970.
    • To date, Parliament has passed 14 such Bills, six of them in 1956.
    • In the 14th Lok Sabha, of the over 300 private member’s Bills introduced, roughly four per cent were discussed, the remaining 96 per cent lapsed without a single dialogue.
    • The selection of Bills for discussion is done through a ballot.

    Back2Basics: Places of Worship Act, 1991

    • It was passed in 1991 by the P V Narasimha Rao-led government.
    • The law seeks to maintain the “religious character” of places of worship as it was in 1947 — except in the case of the Ram Janmabhoomi-Babri Masjid dispute, which was already in court.
    • The law was brought in at the peak of the Ram Mandir movement, exactly a year before the demolition of the Babri Masjid.
    • Introducing the law, then Home Minister S B Chavan said in Parliament that it was adopted to curb communal tension.

    What are its provisions?

    The objective of the law describes it as an Act to prohibit conversion of any place of worship.

    • It aims to provide for the maintenance of the religious character of any place of worship as it existed on the 15th day of August 1947, and for matters connected therewith or incidental thereto”.
    • Sections 3 and 4 of the Act declared that the religious character of a place of worship shall continue to be the same as it was on August 15, 1947.
    • No person shall convert any place of worship of any religious denomination into one of a different denomination or section.
    • Section 4(2) says that all suits, appeals or others regarding converting the character of a place of worship, that was pending on August 15, 1947, will stand abated when the Act commences and no fresh proceedings can be filed.
    • However, legal proceedings can be initiated after the commencement of the Act if the change of status took place after the cut-off date of August 15, 1947.

    What does it say about Ayodhya, and what else is exempted?

    • Act does not to apply to Ram Janma Bhumi Babri Masjid.

    Besides the Ayodhya dispute, the Act also exempted:

    • any place of worship that is an ancient and historical monument or an archaeological site, or is covered by the Ancient Monuments and Archaeological Sites and Remains Act, 1958;
    • a suit that has been finally settled or disposed of;
    • any dispute that has been settled by the parties or conversion of any place that took place by acquiescence before the Act commenced.

    What has the Supreme Court said about the Act?

    • In the 2019 Ayodhya verdict, the Constitution Bench led by former CJI Ranjan Gogoi referred to the law and said it manifests the secular values of the Constitution and strictly prohibits retrogression.
    • In providing a guarantee for the preservation of the religious character of places, Parliament determined that independence from colonial rule furnishes a constitutional basis for healing the injustices of the past.
    • The law addresses itself to the State as much as to every citizen of the nation. Its norms bind those who govern the affairs of the nation at every level.
    • Those norms implement the Fundamental Duties under Article 51A and are hence positive mandates to every citizen as well.

    Why is the law under challenge?

    • A politician has challenged the law on the ground that violates secularism.
    • He has also argued that the cut-off date of August 15, 1947, is “arbitrary, irrational and retrospective” and prohibits Hindus, Jains, Buddhists, and Sikhs from approaching courts to “reclaim” their places of worship.
    • Such places, he argued, were “invaded” and “encroached” upon by “fundamentalist barbaric invaders”.
    • The right-wing politicians have opposed the law even when it was introduced, arguing that the Centre has no power to legislate on “pilgrimages” or “burial grounds” which is under the state list.
    • Another criticism against the law is that the cut-off is the date of Independence, which means that the status quo determined by a colonial power is considered final.

     

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