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GS Paper: GS2

  • Managing Type 1 Diabetes

    Last week, the Indian Council of Medical Research (IMCR) released guidelines for the diagnosis, treatment, and management for type-1 diabetes.

    Why such move?

    • India is considered the diabetes capital of the world, and the pandemic disproportionately affected those living with the disease.
    • Type 1 or childhood diabetes, however, is less talked about, although it can turn fatal without proper insulin therapy.
    • Type 1 diabetes is rarer than type 2. Only 2% of all hospital cases of diabetes in the country are type 1.

    What is Diabetes?

    • Diabetes is a chronic (long-lasting) health condition that affects how your body turns food into energy.
    • Most of the food you eat is broken down into sugar (also called glucose) and released into your bloodstream.
    • When your blood sugar goes up, it signals your pancreas to release insulin.

    What is Type 1 Diabetes?

    • Type 1 diabetes is a condition where the pancreas completely stops producing insulin.
    • Insulin is the hormone responsible for controlling the level of glucose in blood by increasing or decreasing absorption to the liver, fat, and other cells of the body.
    • This is unlike type 2 diabetes — which accounts for over 90% of all diabetes cases in the country — where the body’s insulin production either goes down or the cells become resistant to the insulin.

    How lethal diabetes is?

    • Type 1 diabetes is predominantly diagnosed in children and adolescents.
    • Although the prevalence is less, it is much more severe than type 2.
    • Unlike type 2 diabetes where the body produces some insulin and which can be managed using various pills, if a person with type 1 diabetes stops taking their insulin, they die within weeks.

    How rare is it?

    • There are over 10 lakh children and adolescents living with type 1 diabetes in the world, with India accounting for the highest number.
    • Of the 2.5 lakh people living with type 1 diabetes in India, 90,000 to 1 lakh are under the age of 14 years.
    • For context, the total number of people in India living with diabetes was 7.7 crore in 2019.
    • Among individuals who develop diabetes under the age of 25 years, 25.3% have type 2.

    Who is at risk of type 1 diabetes?

    • The exact cause of type 1 diabetes is unknown, but it is thought to be an auto-immune condition where the body’s immune system destroys the islets cells on the pancreas that produce insulin.
    • Genetic factors play a role in determining whether a person will get type-1 diabetes.
    • The risk of the disease in a child is 3% when the mother has it, 5% when the father has it, and 8% when a sibling has it.
    • The presence of certain genes is also strongly associated with the disease.

     

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  • CoWIN as a repurposed digital platform

    Context

    Seeing its success, other nations have also expressed interest in availing CoWIN and using it as a bridge for erecting their digital health systems. Responding to this incoming interest, our prime minister has offered CoWIN as a digital public good, free of cost, for all nations globally to adopt.

    About CoWIN

    • In late 2020, even before the Covid-19 vaccines had arrived, the Government of India had commenced preparations for launching the world’s largest vaccination drive.
    • This led to the beginning of the CoWIN journey in January 2021.
    • Scalability, modularity, and interoperability: CoWIN, or the Covid-19 Vaccine Intelligence Network, was developed in a record time, with consideration given to scalability, modularity, and interoperability.
    • The platform has been made available in English and 11 regional languages to allow citizens across multiple states to access the platform with ease.
    • To circumvent the lack of digital access, the platform allows for up to six members to be registered under one mobile-number linked account.
    • CoWIN has scaled every 100 million milestone faster than any other platform.
    • It reached the coveted one billion registered user mark which only a handful of platforms have been able to achieve globally, and none in such a short time.
    • A key feature of the platform has been its modularity and evolvability.
    • The CoWIN team has been adept at keeping pace with the changing policy environment and scientific research and developments in the administration of vaccines.
    • It was never that CoWIN became the bottleneck or delayed the implementation of our vaccination policies or drive.
    • Time and again, CoWIN has proved itself as one of the most secure and robust platforms with minimal data input and zero risk of personal data hacks. 

    Major phases of CoWIN

    • The journey of CoWIN was staggered across three major phases, with multiple additions subsequently.
    • In phase 1, the registration process went online where healthcare workers and frontline workers were sent system-generated notifications about their vaccination schedule.
    • In subsequent phases, beneficiaries were allowed both walk-in and online vaccination registration, along with the choice of location and time slot as per their convenience.
    • An assisted mode was also made available through the 240,000+ Common Service Centres (CSCs) and a helpline number.
    • After ensuring successful orchestration using scalability and agile features of the platform to vaccinate individuals over 45 years of age, the APIs of the platform were made available to private players at the beginning of Phase III of the vaccination drive.
    • Once access to its services was opened through APIs, more than 100 applications integrated with CoWIN for providing search, booking and certification facilities to their users.

    Way ahead

    • The inevitable question is what will we do with CoWIN when no further Covid-19 vaccines are to be administered?
    • Repurpose the platform: The decision is to repurpose the platform as a universal immunisation platform.
    • The credentialing service of DIVOC, used in CoWIN, has proven to be a game-changer in the world of digital certificates.
    • CoWIN service is being implemented in five other countries after India and receiving global acceptance for its veracity and sound architecture.
    • There is a proposal for opening the credentialing service for more use cases in health.

    Conclusion

    The story of CoWIN has truly been one of national impact and importance. And while the story started during the pandemic, it won’t end with the pandemic: it will segue into a repurposed digital platform for more health use-cases.

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  • FATF and Pakistan’s position on its ‘Grey List’

    Pakistan which continues to face an economic crunch from the Financial Action Task Force (FATF), is hoping for some respite in the form of its removal from the FATF’s ‘grey list’.

    What is the FATF?

    • The FATF is an international watchdog for financial crimes such as money laundering and terror financing.
    • It was established at the G7 Summit of 1989 in Paris to address loopholes in the global financial system after member countries raised concerns about growing money laundering activities.
    • In the aftermath of the 9/11 terror attack on the US, FATF also added terror financing as a main focus area.
    • This was later broadened to include restricting the funding of weapons of mass destruction.
    • The FATF currently has 39 members.

    Working of FATF

    • The decision-making body of the FATF, known as its plenary, meets thrice a year.
    • Its meetings are attended by 206 countries of the global network.
    • It includes members, and observer organisations, such as the World Bank, some offices of the UN, and regional development banks.

    Functions of FATF

    • The FATF sets standards or recommendations for countries to achieve in order to plug the holes in their financial systems and make them less vulnerable to illegal financial activities.
    • It conducts regular peer-reviewed evaluations called Mutual Evaluations (ME) of countries to check their performance on standards prescribed by it.
    • The reviews are carried out by FATF and FATF-Style Regional Bodies (FSRBs), which then release Mutual Evaluation Reports (MERs).
    • For the countries that don’t perform well on certain standards, time-bound action plans are drawn up.
    • Recommendations for countries range from assessing risks of crimes to setting up legislative, investigative and judicial mechanisms to pursue cases of money laundering and terror funding.

    What are the Black List and the Grey List?

    • The words ‘grey’ and ‘black’ list do not exist in the official FATF lexicon.
    • They however designate countries that need to work on complying with FATF directives and those who are non-compliant.
    1. Black List: The blacklist, now called the “Call for action” was the common shorthand description for the FATF list of “Non-Cooperative Countries or Territories” (NCCTs).
    2. Grey List: Countries that are considered safe haven for supporting terror funding and money laundering are put in the FATF grey list. This inclusion serves as a warning to the country that it may enter the blacklist.

    Consequences of being:

    (1) In the grey list:

    • Economic sanctions from IMF, World Bank, ADB
    • Problem in getting loans from IMF, World Bank, ADB and other countries
    • Reduction in international trade
    • International boycott

    (2) In the black list:

    • High-risk jurisdictions subject to call for action
    • Countries have considerable deficiencies in their AML/CFT (anti-money laundering and counter terrorist financing) regimens
    • Enhanced due diligence
    • Members are told to apply counter-measures such as sanctions on the listed countries

    Note: Currently, North Korea and Iran are on the black list.

    Pakistan and FATF

    • Pakistan, which continues to remain on the “grey list” of FATF, had earlier been given the deadline till the June to ensure compliance with the 27-point action plan against terror funding networks.
    • It has been under the FATF’s scanner since June 2018, when it was put on the Grey List for terror financing and money laundering risks.
    • FATF and its partners such as the Asia Pacific Group (APG) are reviewing Pakistan’s processes, systems, and weaknesses on the basis of a standard matrix for anti-money laundering (AML) and combating the financing of terrorism (CFT) regime.

    Why is Pakistan on the grey list?

    • Pakistan has found itself on the grey list frequently since 2008, for weaknesses in fighting terror financing and money laundering.
    • It never addressed concerns on the front of terror financing investigations and prosecutions targeting senior leaders and commanders of UN-designated terrorist groups.
    • However, now steps had been taken in this direction such as the sentencing of terror outfit chief Hafiz Saeed, prosecution of Masood Azhar and seizure of their properties.
    • India meanwhile, a member of FATF, suspects the efficacy and permanence of Pakistani actions.

    Steps taken by Pakistan

    • Pakistan is currently banking on its potential exclusion from the grey list to help improve the status of tough negotiations with the International Monetary Fund to get bailout money.
    • Pakistan is now making a high-level political commitment to the FATF and APG to address its strategic AML/CFT deficiencies.

     

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  • New Guidelines Against Misleading Advertisements

    The Centre has announced a new set of guidelines for advertisements preventing misleading ads by Celebrities.

    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 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.

     

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  • E-Vidhan System for Paperless Legislation

    A delegation of MLAs from Gujarat visited the UP Legislative Assembly to learn about the novel e-Vidhan system for paperless proceedings that has been recently adopted by the UP state assembly.

    E-Vidhan System

    • The National e-Vidhan Application (NeVA) is a system for digitising the legislative bodies of all Indian states and the Parliament through a single platform.
    • It includes a website and a mobile app.
    • The house proceedings, starred/unstarred questions and answers, committee reports etc. will be available on the portal.
    • Nagaland became the first state to implement NeVA, in March this year.

    Significance of NeVA

    • There has been a shift towards digitisation in recent years by the government.
    • NeVA aims for streamlining information related to various state assemblies, and to eliminate the use of paper in day-to-day functioning.
    • PM Modi mentioned the idea of “One Nation One Legislative Platform” in November 2021.
    • A digital platform not only gives the necessary technological boost to our parliamentary system, but also connects all the democratic units of the country.

    Has this been done elsewhere?

    • Himachal Pradesh’s Legislative Assembly implemented the pilot project of NeVA in 2014, where touch-screen devices replaced paper at the tables of the MLAs.
    • Though both Houses of Parliament have not gone fully digital yet, governments world over are heading towards embracing the digital mode.
    • In December last year, the Government of Dubai became the world’s first government to go 100 percent paperless.
    • It announced all procedures were completely digitised.
    • This, as per a government statement, would cut expenditure by USD 350 million and also save 14-million-man-hours.

    What are the challenges?

    • Access to devices and reliable internet and electricity was an issue particularly for legislators representing rural constituencies.
    • Lack of training and heightened concerns over security are some more recent issues in the road to digitization.

     

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  • Surrogacy Law faces challenge in Court

    A person has approached the Delhi High Court to question why marital status, age or gender should be the criteria for prohibiting someone from commissioning a surrogacy.

    Why in news?

    • Under the Surrogacy (Regulation) Act, 2021 a married couple can opt for surrogacy only on medical grounds.
    • The petitioner have challenged in the court the surrogacy law and the Assisted Reproductive Technology (Regulation) Act, 2021 which provides a regulatory framework for surrogacy.

    Issues raised by the petition

    • Currently, the laws does not allow single men to have child through surrogacy.
    • Married women can only avail surrogacy services if they are unable to produce a child due to medical conditions.
    • Otherwise, for women to avail of surrogacy services, they must be aged between 35 and 45 and widowed or divorced.
    • Women can only offer surrogacy if they are aged between 25 and 35 and married with at least one biological child.
    • The laws also require a surrogate to be genetically related to the couple who intend to have a child through this method, their petition said.

    Basis of the Petition

    • The personal decision of a single person about the birth of a baby through surrogacy, i.e., the right of reproductive autonomy is a facet of the right to privacy guaranteed under Article 21 of the Constitution.
    • Thus, the right to privacy of every citizen or person affecting a decision to bear or beget a child through surrogacy cannot be taken away.

    Distinct features of the Surrogacy (Regulation) Act, 2021

    • Definition of surrogacy: It defines surrogacy as a practice where a woman gives birth to a child for an intending couple with the intention to hand over the child after the birth to the intending couple.
    • Regulation of surrogacy: It prohibits commercial surrogacy, but allows altruistic surrogacy which involves no monetary compensation to the surrogate mother other than the medical expenses and insurance.
    • Purposes for which surrogacy is permitted: Surrogacy is permitted when it is: (i) for intending couples who suffer from proven infertility; (ii) altruistic; (iii) not for commercial purposes; (iv) not for producing children for sale, prostitution or other forms of exploitation; and (v) for any condition or disease specified through regulations.
    • Eligibility criteria: The intending couple should have a ‘certificate of essentiality’ and a ‘certificate of eligibility’ issued by the appropriate authority ex. District Medical Board.

    Eligibility criteria for surrogate mother:

    • To obtain a certificate of eligibility from the appropriate authority, the surrogate mother has to be:
    1. A close relative of the intending couple;
    2. A married woman having a child of her own;
    3. 25 to 35 years old;
    4. A surrogate only once in her lifetime; and
    5. Possess a certificate of medical and psychological fitness for surrogacy.
    • Further, the surrogate mother cannot provide her own gametes for surrogacy.

    Also read:

    [Burning Issue] Surrogacy in India

     

     

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  • What India must do to protect its ties with the Islamic world

    Context

    A controversial remark by the ruling party spokesperson against the Prophet has snowballed into a diplomatic row. Against this backdrop, New Delhi should not stop engaging the Gulf countries and strive to move beyond damage control.

    International reaction against the remarks

    • The United Arab Emirates, Oman, Indonesia, Iraq, the Maldives, Jordan, Libya and Bahrain have joined the growing list of countries in the Islamic world that have condemned the remarks.
    • Earlier, Kuwait, Iran and Qatar had called Indian ambassadors to register their protest, and Saudi Arabia had issued a strongly-worded statement.
    • Campaigners (including a few GCC regimes) demand that Prime Minister of India should tender an apology for all that happened.
    • But New Delhi’s stance is categorial and legitimate insofar as the Union government has nothing to do with such unsolicited comments.

    Why WANA is important for India

    • Engagement with WANA: Countries in West Asia and North Africa (WANA) region do not have a fixed position vis-à-vis India.
    • Delhi has vibrant economic and strategic ties with almost all regimes in the region.
    • That’s precisely the reason these countries are unwilling to join the Islamabad-led chorus or go beyond passing resolutions.
    • India’s signing of a free trade agreement (FTA) with the UAE and the ongoing negotiations for a wider FTA with the GCC could be an eye-opener for the country’s detractors.
    • India’s energy needs: As much as 40 per cent of oil and an equal share of gas requirements are met through India’s strategic cooperation with the Gulf regimes.
    • Mutuality of interests: India and the WANA regimes know that there is a mutuality of interests in these transactions which cannot be substituted by any other segments of the world system.
    • Indian diaspora: Equally important is the role of the more than eight million-strong Indian diaspora in the WANA region.
    • The “Gulf remittance” is an important part of the Indian economy, as important as the Indian investment in the GCC and GCC investment in India.

    Way forward

    • India’s foreign policy strategy — which includes strategic bargaining with regional and international actors — would fetch reasonable dividends.
    • The response to its Ukraine war strategy has convinced South Block that it has adequate manoeuvrability in global affairs.

    Conclusion

    New Delhi should not stop engaging the countries, especially the ones in the WANA region, as both have shared interests. Therefore, South Block must go beyond a mere damage-control exercise.

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  • What is National Intelligence Grid (NATGRID)?

    The Ministry of Home Affairs (MHA) has curtailed the tenure of the Chief Executive Officer (CEO) of the National Intelligence Grid (NATGRID) and moved him to the Border Security Force (BSF).

    What is NATGRID?

    • NATGRID is an intelligence-sharing network that collates data from the standalone databases of the various agencies and ministries of the Indian government.
    • It is a counter terrorism measure that collects and collates a host of information from government databases including tax and bank account details, credit/debit card transactions, visa and immigration records and itineraries of rail and air travel.
    • It will also have access to the Crime and Criminal Tracking Network and Systems (CCTNS), a database that links crime information, including First Information Reports, across 14,000 police stations in India.
    • As of 2019, NATGRID is headed by an Indian Police Service (IPS) officer Ashish Gupta.

    Its establishment

    • The 26/11 terrorist siege in Mumbai back in 2008 exposed the deficiency that security agencies had no mechanism to look for vital information on a real-time basis.

    Access to NATGRID

    • Prominent federal agencies of the country have been authorized to access the NATGRID database.
    • They are the:
    1. Central Bureau of Investigation
    2. Directorate of Revenue Intelligence,
    3. Enforcement Directorate
    4. Central Board of Indirect Taxes and Customs
    5. Central Board of Direct Taxes (for the Income Tax Department)
    6. Cabinet Secretariat
    7. Intelligence Bureau
    8. Directorate General of GST Intelligence
    9. Narcotics Control Bureau
    10. Financial Intelligence Unit, and
    11. National Investigation Agency

    Future prospects

    • According to the first phase plan, 10 user agencies and 21 service providers will be connected with the NATGRID, while in later phases, about 950 additional organizations will be brought on board.
    • In the following years, more than 1,000 organizations will be further integrated into the NATGRID.
    • These data sources include records related to immigration entry and exit, banking and financial transactions, and telecommunications.

     

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  • Indo-Pacific Economic Framework presents opportunities

    Context

    The official launch of the Biden Administration’s Indo-Pacific Economic Framework (IPEF), the US’s de facto foreign economic policy for Asia, has been lauded and welcomed.

    About IPEF

    • Seen as a means to counter China in the region, it is a U.S.-led framework for participating countries to solidify their relationships and engage in crucial economic and trade matters in the region.
    • The member nations include Australia, Brunei, India, Indonesia, Japan, South Korea, Malaysia, New Zealand, the Philippines, Singapore, Thailand and Vietnam.
    • It includes seven out of 10 members of the Association of South East Asian Nations (ASEAN), all four Quad countries, and New Zealand.
    • Together, these countries account for 40 per cent of the global GDP. 
    • Not a free trade agreement: The Indo-Pacific Economic Framework is not a free trade agreement.
    • No market access or tariff reductions have been outlined, although experts say it can pave the way for future trade deals.
    • The IPEF is also seen as a means by which the US is trying to regain credibility in the region after former President Donald Trump pulled out of the Trans Pacific Partnership TPP.
    • IPEF countries value its purpose and potential, particularly given some doubts over whether the US administration could sustain its focus in Asia as war broke out in Europe.
    • The IPEF empowers the Biden administration to shape rules across several critical pillars that will condition America’s economic engagement in the Indo-Pacific amid competing economic paradigms, notably the Chinese through the BRI and Europe through digital policies and standards.
    • Countering China: Besides Ukraine, the IPEF’s importance also owes to China’s patent economic footprint across Asia that could be checked by an alternative economic paradigm that emphasises openness, flexibility, and integration.

     Significance of IPEF

    • Boost supply chain resilience: Globally, the IPEF signifies the first multilateral attempt to boost supply chain resilience to ease global inflationary pressures and mitigate effects of future disruptions, particularly key raw materials, critical minerals, and semiconductors.
    • Four key pillars: It’s a framework or a starting point to regulate trade and commerce across four key pillars: Digital economy, supply chains, clean energy, and governance. 
    • Negotiating high standard rules: The IPEF also represents an effort to negotiate “high-standard” rules between like-minded countries to govern the digital economy, particularly data flows, climate mitigation, global tax, anti-money laundering and anti-bribery provisions.

    Challenges

    • Impact on domestic companies: IPEF commitments and standards that other signatories like India have to accede to, will likely facilitate US MNCs’ access to Asian economies at the expense of domestic preferences.
    • Impact on policy preference of countries: The IPEF’s pillars — climate, digital, supply chains, and governance reforms — could clash with and supersede these countries’ policy preferences on such issues.
    • For instance, the US’ preference to allow free and open data flows under the digital economy pillar will constrict India’s ability to regulate data for domestic purposes.

    Way forward for India

    • The IPEF remains attractive for India given its flexibility and open nature, allowing Delhi to demonstrate its political commitment to the United States to jointly shape the rules governing the Indo-Pacific’s economic future even as competitors lurk.
    • Tough policy choices, like the one on data and taxation, must be made by Indian officials while negotiating the terms of the IPEF accession.

    Conclusion

    What’s clear is that the IPEF represents both a mirage and aspiration. Collectively, it represents a leap into an unknown that has to be negotiated amongst partners that share interests and some values.

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  • Indus Waters Treaty (IWT): An enduring agreement bridging India-Pakistan ties

    Context

    The 118th meeting of the Permanent Indus Commission (PIC) comprising the Indus Commissioners of India and Pakistan held on May 30-31, 2022 in New Delhi.

    Indus Waters Treaty, 1960: A background

    • After years of arduous negotiations, the Indus Waters Treaty was signed in Karachi on September 19, 1960, by then Indian Prime Minister Jawaharlal Nehru and then Pakistani President Ayub Khan, negotiated by the World Bank.
    • According to this agreement, control over the water flowing in three “eastern” rivers of India — the Beas, the Ravi and the Sutlej was given to India
    • The control over the water flowing in three “western” rivers of India — the Indus, the Chenab and the Jhelum was given to Pakistan
    • The treaty allowed India to use western rivers water for limited irrigation use and unrestricted use for power generation, domestic, industrial and non-consumptive uses such as navigation, floating of property, fish culture, etc. while laying down precise regulations for India to build projects
    • India has also been given the right to generate hydroelectricity through the run of the river (RoR) projects on the Western Rivers which, subject to specific criteria for design and operation is unrestricted.
    • The Permanent Indus Commission, which has a commissioner from each country, oversees the cooperative mechanism and ensures that the two countries meet annually (alternately in India and Pakistan).
    • This year, the commission met twice, in March in Islamabad, Pakistan, and then in New Delhi, in May.
    • It is a rare feat that despite the many lows in India-Pakistan relations, talks under the treaty have been held on a regular basis.

    Some disagreements

    • Throughout its existence, there have been many occasions during which differences between the two countries were discernible.
    • Both countries held different positions when Pakistan raised objections regarding the technical design features of the Kishanganga and Ratle hydroelectric power plants.
    • Differences were also discernible when Pakistan approached the World Bank to facilitate the setting up of a court of arbitration to address the concerns related to these two projects referred to in Article IX Clause 5 of the treaty, and when India requested the appointment of a Neutral Expert referent to Clause 2.1 of Article IX .
    • Eventually, on March 31, 2022, the World Bank, decided to resume two separate processes by appointing a neutral expert and a chairman for the court of arbitration.
    • The appointment of a neutral expert will find precedence to address the differences since under Article IX Clause 6 of the treaty provisions, Arbitration ‘shall not apply to any difference while it is being dealt with by a Neutral Expert’.
    • Pakistan, invoking Article VII Clause 2 on future cooperation, raised objections on the construction and technical designs of the Pakal Dul and Lower Kalnai hydropower plants.
    • Similarly, India has raised concerns on issues such as Pakistan’s blockade of the Fazilka drain.

    Lessons from the treaty

    • Engagement between conflicting nations: The treaty is an illustration of a long-standing engagement between the conflicting nations that has stood the vagaries of time.
    • Water management cooperation: The treaty is considered one of the oldest and the most effective examples of water management cooperation in the region and the world.
    • Avoiding conflict: With the exception of differences on a few pending issues, both countries have avoided any actions resulting in the aggravation of the conflict or acted in a manner causing conflict to resurface.

    Potential for cooperation

    • Joint research: Recognising common interests and mutual benefits, India and Pakistan can undertake joint research on the rivers to study the impact of climate change for ‘future cooperation’ (underlined in Article VII).
    • Potential for cooperation and development: The Indus Waters Treaty also offers great potential for cooperation and development in the subcontinent which can go a long way in ensuring peace and stability.

    Conclusion

    Given that both India and Pakistan have been committed to manage the rivers in a responsible manner, the Treaty can be a reference point to resolve other water-related issues in the region through regular dialogue and interaction.

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