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GS Paper: GS2

  • Ukraine crisis is shaping future world order, India needs balanced outlook to its strategic policy

    Context

    Three back-to-back summits in the past fortnight have helped settle the dust on who stands where on the Russian invasion of Ukraine.

    Background of the summits

    • The BRICS summit took place on June 23-24, followed by the G-7 summit (June 26 and 27), and then the North Atlantic Treaty Organization (NATO) Summit in Madrid (June 29).
    • In order to understand what they portend for the future global world order, it is necessary to study the messages sent out by each of these groupings against the backdrop of the situation in Ukraine.
    • Most importantly, how can India, that has hitherto managed a careful balancing act between all the groupings, build a movement out of this moment of deep polarisation in the world?

    Why outcomes of BRICS Summit throws some challenges for the West

    • The fact that India agreed to join the summit showed India’s commitment to BRICS as an alternate grouping of economies spotlighted India’s refusal to shun Russia, and agreement to set aside the two-year stand-off with China in favour of multilateral meetings such as BRICS and the Shanghai Cooperation Organisation (SCO).
    • The BRICS Beijing Declaration was a consensus document, as each member cited differing “National Positions” on the Ukraine issue.
    • Economic initiatives: BRICS’s New Development Bank (NDB), has approved about 17 loans totalling $5 billion for Russian energy and infrastructure projects, the “Contingent Reserve Arrangement” (CRA).
    • A BRICS Payments Task Force (BPTF) for coordination between their central banks for an alternative to the SWIFT payments system, was proposed.
    • Mr. Putin also proposed building a global reserve currency based on a “basket of currencies” and trading in local currencies.
    • Challenges to western sanctions: The BRICS economic initiatives contain several challenges to the western-led sanctions regime against Russia
    • Russia also committed to providing more oil and coal supplies to BRICS countries, which will no doubt raise red flags in the West.
    • The possible admission of countries such as Argentina and Iran that have applied to the BRICS mechanism will also sound alarm in the West.

    G7 Summit and India’s flexibility

    • A day after BRICS, Mr. Modi left for the G-7 Summit in Germany, proof of India’s flexibility in dealing with both sides of the conflict.
    • In a number of statements, the G-7 targetted Russia’s war in Ukraine and China’s economic aggression.
    • Its outreach documents — on “Resilient Democracies” and “Clean and Just Transitions towards Climate Neutrality” — the only ones that India and other invitees signed on to, were devoid of any mentions of either.

    Key takeaways from NATO Summit

    • Reference to China: NATO for the first time, made a reference to “systemic competition” from China as a challenge to NATO “interests, security and values”.
    • Presence of US allies: The presence of the U.S.’s trans-Atlantic and trans-Pacific military allies at one conference sent out a clear message against a perceived Russia-China alliance.
    • US’s growing focus: The launch of another Indo-Pacific coalition — of “Partners in the Blue Pacific” (PBP), i.e., the U.S., the U.K., Australia, New Zealand and Japan, in addition to last year’s Australia-U.K.-U.S. (AUKUS), is another signal of the U.S.’s growing focus on countries that it has military alliances with, against its adversaries.
    • No consideration of Russian sensitivities: Apart from the Indo-Pacific partners at the summit, there were leaders of the five countries that have applied to join NATO.
    • The direct message was that NATO would no longer consider Russian sensitivities on the subject of NATO expansion.

    What is the strategy adopted by India?

    • The outcome of all three summits points to a growing polarisation, even battle lines being drawn, between the Western Atlantic-Pacific axis and the Russia-China combine.
    • Neutral stand on Ukraine crisis: India has adopted a singular strategy, albeit a defensive one, that does not condone Russia for its attacks on Ukraine, but one that does not criticise it either.
    • India has joined China as global economies that have most increased their intake of Russian oil, and where India continues to source fertilizer, cement and other commodities from Russia.
    • Strategic tilt towards the U.S. India is working to diversify its defence purchases from Russia, hostilities with China are high, and a strategic tilt towards the U.S. and Quad partners in the Indo-Pacific is growing.
    • Balancing Act: On the multilateral stage, too, India remains a balancing voice in the room: along with Brazil and South Africa, India ensured that the BRICS Beijing declaration did not carry the Russian position on the Ukraine war or any criticism of the West.
    • While making certain with other partners of the global South that the G-7 outreach documents carried no criticism of Russia and China.

    Way forward for India

    • It is time for New Delhi to seize the moment for leadership in a world that is becoming increasingly uncomfortable with the growing polarisation and the disruption due to the Ukraine war.
    • India is not alone.
    • At the United Nations General Assembly, for example, a majority of 141 countries voted to castigate Russia for its invasion of Ukraine, but much fewer, only 93, voted to oust Russia from the Human Rights Council.
    • This represents a large pool of independently-minded countries that do not see it in their own national interest to blandly choose one side over another.
    • India’s national interests would be better served by building a community of those like-minded countries (from South America to Africa, the Gulf to South Asia and to the Association of Southeast Asian Nations), who cannot afford the hostilities, and want to avoid the possibility of a global war at all costs.
    • In 1955, it was in such a similar moment that India took leadership along with countries such as Indonesia and Egypt at the Asian-African Conference of 29 newly independent nations, at Bandung that eventually led to the Non-Aligned Movement (NAM).

    Conclusion

    This is the time to rethink India’s role in reducing the polarisation and bringing the objective and balanced outlook Nehru spoke of, to the forefront of India’s strategic policy.

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  • Nominated Members in Rajya Sabha

    Olympic sprinter PT Usha and music composer Ilaiyaraaja among others have been nominated to the Rajya Sabha in the category of eminent persons nominated by the President.

    Nominated Members in RS

    • Twelve members are nominated to the RS by the President of India for six-year term.
    • This is for their contributions towards arts, literature, sciences, and social services.
    • This right has been bestowed upon the President according to the Fourth Schedule under Articles 4(1) and 80(2) of the Constitution of India.

    Normal composition

    • The present strength is 245 members of whom 233 are representatives of the states and UTs and 12 are nominated by the President.
    • The Rajya Sabha is not subject to dissolution; one-third of its members retire every second year.

    Constitutional provisions for nominated members

    • 80(1)(a) of Constitution of India makes provision for the nomination of 12 members to the Rajya Sabha by the President of India in accordance with provisions of Arts.80(3).
    • 80(3) says that the persons to be nominated as members must be possessing special knowledge or practical experience in respect of such matters as the following namely: Literature, science, art and social service.

    Powers and privileges of such members

    • A nominated member enjoys all the powers and privileges and immunities available to an elected Member of Parliament.
    • They take part in the proceedings of the House as any other member.
    • Nominated members are however not entitled to vote in an election of the President of India.
    • They however have rights to vote in the vice presidential election.
    • As per Article 99 of the Constitution, a nominated member is allowed six months’ time should he join a political party.

    Try this PYQ:

    Consider the following statements:

    1. The Chairman and the Deputy Chairman of the Rajya Sabha are not the members of that House.
    2. While the nominated members of the two Houses of the Parliament have no voting right in the presidential election, they have the right to vote in the election of the Vice President.

    Which of the statements given above is/are correct?

    (a) 1 only

    (b) 2 only

    (c) Both 1 and 2

    (d) Neither 1 nor 2

     

    [wpdiscuz-feedback id=”9wzxa97091″ question=”Please leave a feedback on this” opened=”1″]Post your answers here.[/wpdiscuz-feedback]

     

    Also read:

    [Sansad TV] Perspective – Rajya Sabha: The Upper House

     

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  • New Rules to keep Advertisements in Check

    The Central Consumer Protection Authority (CCPA) recently issued guidelines to prevent false or misleading advertisements.

    Guidelines on Prevention of Misleading Advertisements and Endorsements for Misleading Advertisements, 2022: Key takeaways

    (1) Conditions for non-misleading and valid advertisement

    An advertisement shall be considered to be valid and not misleading:

    • If it contains truthful and honest representation;
    • Does not mislead consumers by exaggerating the accuracy,
    • Scientific validity or practical usefulness or capability or performance or service of the goods or product;
    • Does not present rights conferred on consumers by any law as a distinctive feature of advertiser’s offer.

     (2) Bait Advertisement

    • A bait advertisement shall not seek to entice consumers to purchase goods, products or services without a reasonable prospect of selling such advertised goods, products or services at the price offered.
    • The advertiser shall ensure that there is an adequate supply of goods, products or services to meet foreseeable demand generated by such advertisement.

    (3) Prohibition of surrogate advertising

    • No surrogate advertisement or indirect advertisement shall be made for goods or services whose advertising is otherwise prohibited or restricted by law.
    • No circumventing of such prohibition or restriction and portraying it to be an advertisement for other goods or services shall be allowed.

    (4) Free claims advertisements

    • A free claims advertisement shall not describe any goods, product or service to be ‘free’, ‘without charge’ or use such other terms if the consumer has to pay anything other than the unavoidable costs.
    • Seller must make clear the extent of commitment that a consumer shall make to take advantage of a free offer.

    (5) Children targeted advertisements

    • An advertisement that addresses or targets or uses children shall not condone, encourage, inspire or unreasonably emulate behaviour that could be dangerous for children or take advantage of children’s inexperience, credulity or sense of loyalty.

    (6) Limitations on Celebrity Endorsers

    • The government has tightened norms for endorsers, including celebrities and sportspersons.
    • They are now required to make material connection disclosures and undertake due diligence while doing advertisements.
    • Endorsements must reflect the honest opinions, belief or experience of the endorsers.
    • The endorsers have to make material connection disclosures and failing to do so will attract penalty under the Consumer Protection Act (CPA).
    • Material disclosures mean any relationship that materially affects the weight or credibility of any endorsement which a reasonable consumer would not expect.
    • Violation of these guidelines will attract a penalty of ₹10 lakh for the first offence and ₹50 lakh for the subsequent offence, under the CPA.

    (7) ASCI rules

    • The latest guidelines will also apply to government advertisements.
    • Moreover, the advertising guidelines for self-regulation issued by the Advertising Standards Council of India (ASCI) will also be in place in a parallel manner.

    Back2Basics:

    Explained: Central Consumer Protection Authority (CCPA)

     

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  • Odisha tops first-ever NFSA State Ranking Index

    Odisha has topped the list of 34 states and Union territories (UTs) in the first-ever NFSA State Ranking Index. Ladakh was ranked last on the index.

    NFSA State Ranking Index

    • The GoI has come up with a first-ever state ranking index to capture the implementation of the Targeted Public Distribution System (TPDS) under the National Food Security Act (NFSA).
    • The states and UTs were ranked for 2022 on the basis of three parameters:
    1. NFSA coverage, rightful targeting and implementation of all provisions under the Act
    2. The delivery platform while considering the allocation of food grains, their movement and last-mile delivery to fair price shops
    3. Nutrition initiatives of the department

    Why need such index?

    • NFSA is a crucial policy instrument to ensure food security. It covers nearly 800 million people.
    • However, NFSA’s implementation through TPDS has not been uniform in the country.
    • While some states and Union territories lead, others are yet to pick up in terms of coverage, beneficiary satisfaction, digitisation and overall system efficiency.
    • The index has been developed to create an environment of competition, cooperation and learning among states while addressing matters of food security and hunger.

    Back2Basics: National Food Security (NFS) Act

    • The NFS Act, 2013 aims to provide subsidized food grains to approximately two-thirds of India’s 1.2 billion people.
    • It converts into legal entitlements for existing food security programs of the GoI.
    • It includes the Midday Meal Scheme, Integrated Child Development Services (ICDS) scheme and the Public Distribution System (PDS).
    • Further, the NFSA 2013 recognizes maternity entitlements.
    • The Midday Meal Scheme and the ICDS are universal in nature whereas the PDS will reach about two-thirds of the population (75% in rural areas and 50% in urban areas).
    • Pregnant women, lactating mothers, and certain categories of children are eligible for daily free cereals.

    Key provisions of NFSA

    • The NFSA provides a legal right to persons belonging to “eligible households” to receive foodgrains at a subsidised price.
    • It includes rice at Rs 3/kg, wheat at Rs 2/kg and coarse grain at Rs 1/kg — under the Targeted Public Distribution System (TPDS). These are called central issue prices (CIPs).

     

     

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    https://www.downtoearth.org.in/news/governance/odisha-tops-first-ever-nfsa-state-ranking-index-83549

     

  • Status of China’s Belt and Road Initiative in South Asia

    China has felt a need to re-visit the various projects under the BRI in different South Asian countries.

    Why in news?

    • At the recently concluded summit of G-7 leaders in Germany, US and his allies unveiled their $600 billion plan called the Partnership for Global Infrastructure and Intelligence.
    • This is being seen as a counter to China’s Belt and Road Initiative (BRI), valued at a trillion U.S. dollars by some experts.

    What is China’s Belt and Road Initiative?

    • In 2013, Chinese President Xi Jinping, during his visits to Kazakhstan and Indonesia, expressed his vision to build a Silk Road Economic Belt and a 21st Century Maritime Silk Road.
    • He then aimed to break the “bottleneck” in Asian connectivity. This vision led to the birth of the BRI.
    • The initiative envisioned a Chinese-led investment of over $1 trillion in partner countries by 2025.
    • More than 60 countries have now joined BRI agreements with China, with infrastructure projects under the initiative being planned or under construction in Asia, Africa, Europe, and Latin America.

    How does BRI work?

    • To finance BRI projects, China offers huge loans at commercial interest rates that countries have to pay within a fixed number of years.
    • The west has accused China of debt-trapping by extending “predatory loans” that force countries to cede key assets to China.
    • However, research indicates that low and middle-income countries are often the ones to approach China after not being able to secure loans from elsewhere.
    • In recent years, the BRI seems to have experienced a slowing down as annual Chinese lending to countries slimmed from its peak of $125 billion in 2015 to around $50 to 55 billion in 2021.

    What have been the BRI’s investments in Pakistan?

    • On his 2015 visit to Pakistan, Xi unveiled the BRI’s flagship project and its biggest one in a single country — the China Pakistan Economic Corridor (CPEC).
    • The CPEC envisioned multiple projects involving energy, transport and communication systems.
    • At the centre of the CPEC was the $700 million development of the city of Gwadar into a smart port city that would become the “Singapore of Pakistan”.
    • Other major projects are the orange line metro, coal power plants to tackle energy shortages and the Main Line 1 rail project from Peshawar to Karachi.

    Pace of progress in Pakistan

    • Multiple reports have shown that shipping activities at the Gwadar Port is almost negligible so far, with only some trade to Afghanistan.
    • Gwadar residents have also protested against the large security force deployed to protect Chinese nationals involved in projects.
    • Chinese nations has also became the target of multiple deadly attacks by Baloch freedom fighters.
    • Coal plants were set up and managed by Chinese firms to improve the power situation in Pakistan.
    • Chinese power firms closing down their operations as the latter did not pay dues worth 300 billion in Pakistani rupees (approximately $1.5 billion).

    What about Sri Lanka?

    • In Sri Lanka, multiple infrastructure projects that were being financed by China came under the fold of the BRI after it was launched in 2013.
    • In 2021, Colombo ejected India and Japan out of a deal to develop the East Container Terminal at the Colombo port and got China to take up the project.
    • Some BRI projects in Sri Lanka have been described as white elephants — such as the Hambantota port.
    • The port had always been secondary to the busy Colombo port until the latter ran out of capacity.
    • Other key projects under BRI include the development of the Colombo International Container Terminal, the Central Expressway and the Hambantota International Airport among others.

    Projects in Afghanistan

    • Afghanistan has not comprehensively been brought into the BRI, despite a MoU being signed with China in 2016.
    • China had promised investments worth $100 million in Afghanistan which is small in comparison to what it shelled out in other South Asian countries.
    • The projects have not materialised so far and uncertainties have deepened after the Taliban takeover last year.

    Projects in Maldives

    • Situated in the middle of the Indian Ocean, Maldives comprises two hundred islands, and both India and China have strategic interests there.
    • One of the most prominent BRI projects undertaken in the Maldives is the two km long China-Maldives Friendship Bridge — a $200 million four lane bridge.
    • Most of China’s investment in the Maldives happened under former President Abdullah Yameen, seen as pro-China.

    Projects in Bangladesh

    • Bangladesh, which joined the BRI in 2016, has been promised the second-highest investment (about $40 billion) in South Asia after Pakistan.
    • It has been able to benefit from the BRI while maintaining diplomatic and strategic ties with both India and China.
    • It has managed to not upset India by getting India to build infrastructure projects similar to BRI in the country.
    • BRI projects include Friendship Bridges, special economic zones, the $689.35 million-Karnaphuli River tunnel project, upgradation of the Chittagong port, and a rail line between the port and China’s Yunnan province.
    • However, multiple projects have been delayed owing to the slow release of funds by China.

     

     

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  • Malnutrition in India

    Context

    More than seven decades after independence, India still suffers from the public health issues such as child malnutrition attributing to 68.2% of under-five child mortality.

    What is malnutrition?

    • Malnutrition refers to deficiencies, excesses or imbalances in a person’s intake of energy and/or nutrients.
    • The term malnutrition covers 2 broad groups of conditions.
    • One is ‘undernutrition’—which includes stunting (low height for age), wasting (low weight for height), underweight (low weight for age) and micronutrient deficiencies or insufficiencies (a lack of important vitamins and minerals).
    • The other is overweight, obesity and diet-related non-communicable diseases (such as heart disease, stroke, diabetes, and cancer).

    Marginal improvement on Stunting and Wasting

    • The National Family Health Survey (NFHS-5) has shown marginal improvement in different nutrition indicators, indicating that the pace of progress is slow.
    • This is despite declining rates of poverty, increased self-sufficiency in food production, and the implementation of a range of government programmes.
    • Children in several States are more undernourished now than they were five years ago.
    • Increased stunting in some states: Stunting is defined as low height-for-age.
    • While there was some reduction in stunting rates (35.5% from 38.4% in NFHS-4) 13 States or Union Territories have seen an increase in stunted children since NFHS-4.
    • This includes Gujarat, Maharashtra, West Bengal and Kerala.
    • Wasting remains stagnant: Wasting is defined as low weight-for-height.
    • Malnutrition trends across NFHS surveys show that wasting, the most visible and life-threatening form of malnutrition, has either risen or has remained stagnant over the years.

    National Nutrition Mission (NNM): Focus on essential nutrition interventions

    • Government appears determined to set it right — with an aggressive push to the National Nutrition Mission (NNM), rebranding it the Prime Minister’s Overarching Scheme for Holistic Nutrition, or POSHAN.
    • Window of opportunity: The Ministry of Women and Child (MWCD) continues to be the nodal Ministry implementing the NNM with a vision to align different ministries to work in tandem on the “window of opportunity” of the first 1,000 days in life (270 days of pregnancy and 730 days; 0-24 months).
    • POSHAN Abhiyaan (now referred as POSHAN 2.0) rightly places a special emphasis on selected high impact essential nutrition interventions, combined with nutrition-sensitive interventions, which indirectly impact mother, infant and young child nutrition, such as improving coverage of maternal-child health services, enhancing women empowerment, availability, and access to improved water, sanitation, and hygiene and enhancing homestead food production for a diversified diet.

    Key findings of NHFS-5 data

    • Data from the National Family Health Survey (NFHS)-5 2019-21, as compared to NFHS-4 2015-16, reveals a substantial improvement in a period of four to five years in several proxy indicators of women’s empowerment.
    • No progress on nutritional intervention: Alarmingly, during this period, the country has not progressed well in terms of direct nutrition interventions.
    • Preconception nutrition, maternal nutrition, and appropriate infant and child feeding remain to be effectively addressed.
    • India has 20% to 30% undernutrition even in the first six months of life when exclusive breastfeeding is the only nourishment required.
    • Neither maternal nutrition care interventions nor infant and young child feeding practices have shown the desired improvement.

    Suggestions

    • Child undernutrition in the first three months remains high. Creating awareness on EBF, promoting the technique of appropriate holding, latching and manually emptying the breast are crucial for the optimal transfer of breast milk to a baby.
    • Complementary feeding: NFHS-5 also confirms a gap in another nutrition intervention — complementary feeding practices, i.e., complementing semi-solid feeding with continuation of breast milk from six months onwards.
    • The fact that 20% of children in higher socio- economic groups are also stunted indicates poor knowledge in food selection and feeding practices and a child’s ability to swallow mashed feed.
    • Creating awareness: So, creating awareness at the right time with the right tools and techniques regarding special care in the first 1,000 days deserves very high priority.
    • Revisit nodal system for nutrition program: There is a need to revisit the nodal system for nutrition programme existing since 1975, the Integrated Child Development Scheme (ICDS) under the Ministry of Women and Child and examine whether it is the right system for reaching mother-child in the first 1000 days of life.
    • Alternative way to distribute ICDS supplies: There is also a need to explore whether there is an alternative way to distribute the ICDS supplied supplementary nutrition as Take- Home Ration packets through the Public Distribution (PDS) and free the anganwadi workers of the ICDS to undertake timely counselling on appropriate maternal and child feeding practices.

    Conclusion

    It is time to think out of the box, and overcome systemic flaws and our dependence on the antiquated system of the 1970s that is slowing down the processes.

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  • The perils of multilateralism

    Context

    At a time when the world is trying to grapple with the impact of unprecedented problems which arose in the first two decades of the 21st century, the various intergovernmental organisations and groupings, which are undergoing fundamental changes, may not be fertile places for building peace.

    Contradiction in the BRICS

    • The 14th virtual BRICS summit hosted by China (June 23-24) was a clear attempt by China to hijack the grouping, going by a blueprint it has prepared for the new world order.
    • Not a political grouping: BRICS was not meant to be a political grouping when the acronym, BRIC, was coined by Goldman Sachs economist Jim O’Neill in 2001.
    • Economic grouping: Seeing the possibility of developing a non-western global economic system, China welcomed the idea of BRICS as the nucleus of a new economic grouping and invested energy and resources in building it.
    •  Two permanent members of the Security Council together with three aspirants to permanent membership underscored the contradictions in composition.
    • No support for permanent membership: The fundamental question of support for the three countries to secure permanent membership was fossilised on China’s position that the role of the developing countries should be enhanced, implying that there shall be no expansion of the permanent membership of the Security Council.
    • But the grouping focused on possibilities of cooperation among them by developing institutions such as the New Development Bank, the BRICS Contingent Reserve Arrangement and cooperation in certain sectors.
    • India-China relations: The entire fragile framework of limited cooperation was shattered with the bloodshed at Galwan, when China unilaterally sought to alter the situation on the Line of Actual Control (LAC).
    • China showed no enthusiasm to bring India into the Asia-Pacific Economic Cooperation (APEC) even after India met the criteria of a liberalised economy.
    • Expansion for friends: The way China brought in 13 like-minded countries through the back door for a high-level dialogue on global development smacked of unfair means to expand the group with their friends.

    What was achieved by India at G7 meeting

    • India’s presence at G7 meetings are not rare and Germany invited the India to attend the G7 summit in Bavaria.
    • The G7 made its own statement on the Ukraine war on expected lines and India was only involved in other issues such as environment, energy, climate, food security, health, gender equality and democracy.
    • Since it was a war summit, it did not produce any results on other major issues.
    • Curtailing energy supplies from Russia would hurt Germany, France, Japan and others, but they could not get any exemption.
    • India’s gain has been the opportunity it got to interact with world leaders, though it was tinged with the disappointment that India, as a Quad member, did not condemn Russia’s action in Ukraine.

    Conclusion

    Multilateral negotiations will be increasingly difficult in the present chaotic global situation. It is only by working bilaterally with potential allies that India can attain the status of a pole in the new world with steadfast friends and followers.

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  • Custodial deaths

    Context

    The recent spate of custodial deaths in Tamil Nadu has yet again highlighted the methods used by the police during interrogation.

    Custodial deaths in India

    • It is not uncommon knowledge that the police, when they grow increasingly frustrated with the trajectory of their interrogation, sometimes resort to torture and violence which could lead to the death of the suspect.
    • Custodial deaths are common despite enormous time and money being spent on training police personnel to embrace scientific methods of investigation.
    • This is because police personnel are humans from different backgrounds and with different perspectives.

    Use of technology by law enforcement agencies

    • There is no doubt that technology can help avert police custodial deaths. For example, body cameras could hold officers liable.
    • Deception detection tests (DDTs), which deploy technologies such as polygraph, narco-analysis and brain mapping, could be valuable in learning information that is known only to a criminal regarding a crime.
    • Among the DDTs, the Brain Fingerprinting System (BFS) is an innovative technology that several police forces contemplate adding to their investigative tools.
    • The technique helps investigative agencies uncover clues in complicated cases.
    • With informed consent, however, any information or material discovered during the BFS tests can be part of the evidence.
    • Police departments are increasingly using robots for surveillance and bomb detection.
    • Many departments now want robotic interrogators for interrogating suspects.
    • Use of robots: Police departments are increasingly using robots for surveillance and bomb detection.
    • Use of robots for interrogation: Many departments now want robotic interrogators for interrogating suspects.
    • Many experts today believe that robots can meet or exceed the capabilities of the human interrogator, partially because humans are inclined to respond to robots in ways that they do to humans.
    • Robots equipped with AI and sensor technology can build a rapport with the suspects, utilise persuasive techniques like flattery, shame and coercion, and strategically use body language.
    • Use of AI/ML: Artificial Intelligence (AI) and Machine Learning (ML) are emerging as tool of interrogations. AI can detect human emotions and predict behaviour.
    • Therefore, these are also options.
    • ML can in real-time alert superiors when police are meting out inhumane treatment to suspects.

    Issues with the use of technologies

    • Informed consent: In 2010, the Supreme Court, in Selvi v. State of Karnataka, rendered the BFS evidence inadmissible.
    • The court observed that the state could not perform narco analysis, polygraph, and brain-mapping tests on any individual without their consent.
    • High cost of technology: As the BFS is high-end technology, it is expensive and unavailable in several States.
    • There is a lot of concern about AI or robot interrogations, both legally and ethically.
    • Risk of bias: There exists the risk of bias, the peril of automated interrogation tactics, the threat of ML algorithms targeting individuals and communities, and the hazard of its misuse for surveillance.

    Way forward

    • Multi-pronged strategy: What we need is the formulation of a multi-pronged strategy by the decision-makers encompassing legal enactments, technology, accountability, training and community relations.
    • Onus of proof on police: The Law Commission of India’s proposition in 2003 to change the Evidence Act to place the onus of proof on the police for not having tortured suspects is important in this regard.
    • Strict implementation of D.K. Basu case guidelines: Besides, stringent action must be taken against personnel who breach the commandments issued by the apex court in D.K. Basu v. State of West Bengal (1997).
    • Law against custodial torture: The draft bill on the Prevention of Torture, 2017, which has not seen the day, needs to be revived.

    Conclusion

    While the technology available to the police and law-enforcement agencies is constantly improving, it is a restricted tool that can’t eradicate custodial deaths. While it might provide comfort and transparency, it can never address the underlying issues that lead to these situations.

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    Back2Basics:  Supreme Court judgement in DK Basu case

    • The DK Basu judgment since 1987 is crucial in dealing with issue of custodial deaths.
    • The judgement has origin from a letter complaint in 1986, which was converted into PIL.
    • 4 crucial and comprehensive judgments — in 1996, twice in 2001 and in 2015 — lay down over 20 commandments, forming the complete structure of this judgement.

    Details of judgment:

    First 11 commandments in 1996, focused on vital processual safeguards:

    • All officials must carry name tags and full identification, arrest memo must be prepared, containing all details regarding time and place of arrest, attested by one family member or respectable member of the locality.
    • The location of arrest must be intimated to one family or next friend, details notified to the nearest legal aid organisation and arrestee must be made known of DK Basu judgement.
    • All such compliances must be recorded in the police register, arrestee must get periodical medical examination, inspection memo must be signed by arrestee also and all such information must be centralised in a central police control room.
    • Breach to be culpable with severe departmental action and additionally contempt also, and this would all be in addition to, not substitution of, any existing remedy.
    • All of the above preventive and punitive measures could go with, and were not alternatives to, full civil monetary damage claims for constitutional tort.

    8 other intermediate orders till 2015:

    • Precise detailed compliance reports of above orders to be submitted by all states and UT and any delayed responses to be  looked into by special sub-committees appointed by state human rights body.
    • Also where no SHRC existed, the chief justice of the high courts to monitor it administratively.
    • It emphasised that existing powers for magisterial inquiries under the CrPC were lackadaisical and must be completed in four months, unless sessions court judges recorded reasons for extension.
    • It also directed SHRCs to be set up expeditiously in each part of India.

    The third and last phase of judgment ended in 2015:

    • Stern directions were given to set up SHRCs and also fill up large vacancies in existing bodies.
    • The power of setting up human rights courts under Section 30 of the NHRC Act was directed to be operationalised.
    • All prisons had to have CCTVs within one year.
    • Non-official visitors would do surprise checks on prisons and police stations.
    • Prosecutions and departmental action to be made unhesitatingly mandated.

  • Strains on India-Russia Defence Cooperation

    As the war in Ukraine stretches over four months with no end in sight, it has given rise to apprehensions on Russia’s ability to adhere to timely deliveries of spares and hardware to India.

    History of the bilateral defence ties

    • India was reliant, almost solely on the British, and other Western nations for its arms imports immediately after Independence.
    • However, this dependence weaned, and by the 1970s India was importing several weapons systems from then USSR, making it the country’s largest defence importer for decades.

    A major chunk of India’s strategic arms

    • Russia has provided some of the most sensitive and important weapons platforms that India has required from time to time including nuclear submarines, aircraft carriers, tanks, guns, fighter jets, and missiles.
    • According to one estimate, the share of Russian-origin weapons and platforms across Indian armed forces is as high as 85%.
    • Russia is the second-largest arms exporter in the world, following only the United States.
    • For Russia, India is the largest importer, and for India, Russia is the largest exporter when it comes to arms transfer.

    What saw the decline?

    • Between 2000 and 2020, Russia accounted for 66.5% of India’s arms imports.
    • Russia’s share in Indian arms imports was down to about 50% between 2016 and 2020, but it still remained the largest single importer.

    Present status of defence cooperation

    • When the war began, Indian armed forces had stocks of spares and supplies for eight to ten months and the expectation was that the war would end quickly.
    • However, as it stretches on with no clear endgame, there are apprehensions on Russia’s ability to adhere to the timelines for both spares as well as new deliveries.
    • Armed forces are looking at certain alternative mitigation measures and identifying alternate sources from friendly foreign countries.
    • However, in the long term, this is also an opportunity for the private industry to step up production and meet the requirements.

    Impact of the war

    • While some timeline lapses and shipping delays were possible, there would not be any dent on the Army’s operational preparedness along the borders.
    • In addition, the armed forces have also made significant emergency procurements since the standoff in Eastern Ladakh and have stocked up on spares and ammunition.
    • However, Russia has assured India that it would adhere to delivery timelines.
    • Since the war sees no end, Russian industry would be caught up in replenishing the inventories of their own armed forces.

    What is the status of deals underway/new deals pending with Russia?

    • The defence trade between India and Russia has crossed $15 billion since 2018, in the backdrop of some big deals including the $5.43 billion S-400 long range air defence systems.
    • Other major contracts currently under implementation are construction of four additional stealth frigates in Russia and India,
    • There is a licensed production of the Mango Armor-piercing fin-stabilised discarding sabot (APFSDS) rounds for the T-90S tanks as also additional T-90S tanks, AK-203 assault rifles among others.

    Deferred deals in downtime

    • There are several big deals deferred by the Defence Ministry as part of the review of all direct import deals.
    • This is in conjunction with efforts to push the ‘Make in India’ scheme in defence.
    • Russian deals have also been deferred including the one for 21 MiG-29 fighter jets for the Indian Air Force (IAF) along with the upgradation of 59 existing Mig-29 jets.
    • This also includes the deferment of the manufacture of 12 SU-30 MKI aircraft by Hindustan Aeronautics Limited (HAL).

    What is the status of payments?

    • While India continues to remain Russia’s largest arms buyer with a major chunk of legacy hardware from Russia and the Soviet Union, the volume of imports has reduced in the last decade.
    • With Russia being shut out of the global SWIFT system for money transfers, India and Russia have agreed to conduct payments through the Rupee-Rouble arrangement.
    • With several big ticket deals including the S-400 under implementation, there are large volume of payments to be made.

     

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  • Do not weaken the anti-defection law

    Context

    The political developments in Maharashtra throw up troubling questions about how the political class is weakening the anti-defection law.

    Background of the anti-defection law

    •  It was enacted as the Tenth Schedule of the Constitution of India, in 1985, under Rajiv Gandhi’s premiership.
    • The law as it was enacted provided for the disqualification of a legislator belonging to a political party if he voluntarily gave up his membership of his party or if he defied the whip of his party by voting contrary to its directions in the legislative house.
    • Two exceptions: Initially, there were two exceptions provided in the schedule which would exempt a legislator from disqualification.
    • 1] Split: The first exception was a split in their original political party resulting in the formation of a group of legislators.
    • If the group consisted of one third of such legislators of that party, they were exempted from disqualification.
    • This exception was deleted from the schedule through a Constitution Amendment Act of 2003 because of frequent misuse.
    • 2] Merger: The second exception was ‘merger’ which can be invoked when the original political party of a legislator merges with another party and not less than two thirds of its legislators agree to such a merger.

    Interpretation of term ‘merger’ and issues with it

    • It is this second exception contained in paragraph four of the schedule which has been taken recourse to by a large number of legislators across States and even in Parliament to defect to the ruling party.
    • These legislators interpreted for themselves the term ‘merger’ to mean the merger of two thirds of legislators.
    • Now, the same is being repeated in Maharashtra.
    • But there is a little difference here.
    • It appears that the dissidents of Shiv Sena believed that if they get the two third number they can form a separate group and topple the government and then form a government with the help of the Bharatiya Janata Party.
    • The law imposes the condition of merger of the original political party.
    • However, a recent judgment of the Goa Bench of the Bombay High Court ( Girish Chodankar vs The Speaker, Goa State Legislative) that held that the merger of two thirds of Members of the Legislative Assembly is deemed to be the merger of the original party seems to have given them a ray of hope.
    • So, the legal position is if the dissidents do not merge with another party they will be disqualified now or later.

    Question of disqualification

    • Disqualification petitions have been filed by the Shiv Sena against 16 of the dissidents under paragraph 2(1)(a) on the ground that they have voluntarily given up the membership of the party.
    • The question of whether they have voluntarily given up the membership of the party is decided on the basis of the conduct of a member.
    • In Ravi S. Naik vs Union of India (1994), the Supreme Court had said “an inference can be drawn from the conduct of a member that he has voluntarily given up the membership of the party.

    Weakening the anti-defection law

    • Unprincipled defection: The ongoing developments in Maharashtra have once again brought before the country the reality of what the Supreme Court also described as the political evil of unprincipled defection.
    • But the order of the Supreme Court, on June 27, on petitions from the dissidents in the Shiv Sena, gives undue advantage to the dissident legislators.
    • The Court has granted them a longer time to submit replies than the rules mandate.
    • This order is going to set in motion certain political developments which will resurrect in a big way what the Supreme Court characterised as political evil.
    • The intervention by the Supreme Court too has thrown up some crucial question.
    • Kihoto Hollohan case: The first question is whether the Court can intervene at a stage prior to the decision by the Deputy Speaker.
    • A Constitution Bench of the Supreme Court had held in Kihoto Hollohan (1993) that judicial review cannot be available prior to the making of a decision by the Speaker nor at an interlocutory stage of the proceeding.
    •  The notice of no-confidence against the Deputy Speaker has added another piece to the jigsaw puzzle.
    • Nabam Rebia case: The Supreme Court had held in Nabam Rebia (2016) that the Speaker shall not decide the disqualification cases till the no-confidence motion against him is disposed of.
    • The House rules clearly say that the notice of no-confidence against the Speaker/Deputy Speaker needs to be admitted in the first place which is done only by the Speaker.
    • But it is the House which takes the final decision on the motion. If the notice of no-confidence does not contain specific charges, it can be disallowed by the Speaker. 
    • Further, the notice can be given only if the House is summoned.
    • When the notice was given, the Assembly was not convened. So, the notice against the Deputy Speaker can have no validity under the rules.

    Conclusion

    The law, though not perfect, is a serious attempt to strengthen the moral content of democracy. There will be shortcomings in this Bill but as we see and identify those shortcomings we should try to overcome them.

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