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GS Paper: GS2

  • Rule of Law vs Rule by Law

    What makes the Rule of Law different from the Rule by Law? It is the idea of justice and equity that separates the two. The article explains the principles that emerge as the basis of the Rule of law and the role of the judiciary in ensuring their constitutionality.

    Understanding law

    • Law, in its most general sense, is a tool of social control that is backed by the sovereign.
    • However, such a definition of law can be used not only to render justice, it can also be used to justify oppression.
    • Therefore it is argued that a law cannot really be classified as a “law” unless it imbibes within itself the ideals of justice and equity.
    • So, any law backed by a sovereign must be tempered by certain ideals or tenets of justice.
    • Only a state that is governed by such law, can be said to have the Rule of Law.
    • The British colonial power used the law as a tool of political repression, enforcing it unequally on the parties, with a different set of rules for the British and for the Indians.
    •  It was an enterprise famous for “Rule by Law”, rather than “Rule of Law.

    Four principles of rule of law

    • Clarity and accessibility: Laws must be clear and accessible, the people at least ought to know what the laws are.
    • Another implication of this principle is that they should be worded in simple, unambiguous language.
    • Equality: An important aspect of equality before law is having equal access to justice.
    • This guarantee of equal justice will be rendered meaningless if the vulnerable sections are unable to enjoy their rights because of their poverty or illiteracy or any other kind of weakness.
    • Another aspect is the issue of “gender equality”.
    • Participation of people: The third principle, the “right to participate in the creation and refinement of laws”.
    • The very essence of a democracy is that its citizenry has a role to play, directly or indirectly, in the laws that govern them.
    • In India, it is done through elections.
    • The idea that people are the ultimate sovereign is also to be found in notions of human dignity and autonomy
    • Strong independent judiciary: The fourth principle stemsp from the idea that the judiciary is the “guardian” of the Constitution.
    • The judiciary is the primary organ which is tasked with ensuring that the laws that are enacted are in line with the Constitution.

    Independent judiciary and role of media

    • The judiciary cannot be controlled, directly or indirectly, by the legislature or the executive, or else the Rule of Law would become illusory.
    • At the same time, judges should not be swayed by the emotional pitch of public opinion either, which is getting amplified through social media platforms.
    • Judges have to be mindful of the fact that the noise thus amplified is not necessarily reflective of what is right and what the majority believes in.
    • Therefore, media trials cannot be a guiding factor in deciding cases.
    • It is, therefore, extremely vital to function independently and withstand all external aids and pressures.
    • While there is a lot of discussion about the pressure from the executive, it is also imperative to start a discourse as to how social media trends can affect the institutions.

    Conclusion

    The importance of the judiciary shouldn’t blind us to the fact that the responsibility of safeguarding constitutionalism lies not just with the courts. All the three organs of the state, i.e., the executive, legislature and the judiciary, are equal repositories of constitutional trust.

  • [pib] United District Information System for Education Plus (UDISE+) 2019-20

    The Union Education Minister has released the Report on United Information System for Education Plus (UDISE+) 2019-20 for School Education in India.

    What is UDISE+?

    • UDISE+ is one of the largest Management Information Systems on school education.
    • It covers more than 1.5 million schools, 8.5 million teachers and 250 million children.
    • Launched in 2018-2019, UDISE+ was introduced to speed up data entry, reduce errors, improve data quality and ease its verification.
    • It is an updated and improved version of UDISE, which was initiated in 2012-13 by the Ministry of Education under the UPA govt by integrating DISE for elementary education and SEMIS for secondary education.

    Why is it important?

    • As per the UDISE+ website, “Timely and accurate data is the basis of sound and effective planning and decision-making.
    • Towards this end, the establishment of a well-functioning and Sustainable Educational Management Information System is of utmost importance today.”
    • In short, the UDISE+ helps measure the education parameters from classes 1 to 12 in government and private schools across India.

    What does the 2019-20 report say?

    • The total enrolment in 2019-20 from primary to higher secondary levels of school education was a little over 25.09 crore.
    • Enrolment for boys was 13.01 crore and that of the girls was 12.08 crore.
    • This was an increase by more than 26 lakh over the previous year 2018-19.

    (1) Pupil-teacher ratio improves

    • The Pupil-Teacher Ratio — the average number of pupils (at a specific level of education) per teacher (teaching at that level of education) in a given school year — showed an improvement all levels of school education in 2019-2020 over 2012-2013.

    (2) GER improves

    • The gross enrolment ratio (GER), which compares the enrolment in a specific level of education to the population of the age group which is age-appropriate for that level of education has improved at all levels in 2019-2020 compared to 2018-2019.
    • The GER increased to 89.7 percent (from 87.7 percent) at Upper Primary level, 97.8 percent (from 96.1 percent) at Elementary Level, 77.9 percent (from 76.9 percent) at Secondary Level and 51.4 percent (from 50.1 percent) at Higher Secondary Level in 2019-20 compared to 2018-19.
    • GER for girls at secondary level has gone up by 9.6 percent to reach 77.8 percent in 2019-20 compared to 68.2 percent in 2012-13.

    (3) Phyical infrastructure improves, but computers and internet access remain lacking

    • The report stated that just 38.5 percent of schools across the country had computers, while only 22.3 percent had an internet connection in 2019-20.
    • This is an improvement over 2018-2019 when 34.5 percent of schools had computers and a mere 18.7 percent of schools had internet access.

    Key takeaways

    • While physical infrastructure is steadily improving, the digital infrastructure for schools has a long way to go.
    • With the overwhelming majority of schools have neither computers (61 percent) nor internet access (78 percent), achieving the Centre’s ‘Digital India’ vision when it comes to online education is still some ways off.
    • The vast increase in hand wash facilities is a big step towards the fulfilment of the Modi government’s ‘Swachh Bharat’ push.
    • The Gross Enrolment Ratio improving at all levels of school education in 2019-20 compared to 2018-19 is a plus.
    • While 93 lakh more boys enrolled in education than girls, when it comes to GER, the girls pulled ahead.

  • How police can serve citizens better

    The article highlights the necessity of adopting the technology driven service delivery mechanism by the police.

    SC mandated police reforms of 2006

    Cost of inefficient criminal justice system

    • There is a reluctance to implement the Supreme Court-mandated police reforms of 2006.
    • The economic cost of the failed criminal justice system is reflected in the reluctance of foreign companies to set up manufacturing and commercial ventures in India for want of quick settlement of criminal, labour and civil disputes.
    • The social implications can be gauged from the report, “Crime in India 2019”, published by the National Crime Records Bureau.
    • Investigation and prosecution need improvement and all criminal trials must be completed within a year.
    • Technology-driven service delivery mechanisms can help achieve this.

    Need to ensure time-bound delivery of services

    • Along with prevention and detection of crime and maintenance of law and order, police stations in India undertake numerous daily tasks.
    • These tasks include providing verifications and no objection certificates of different kinds to citizens.
    • In criminal and non-cognisable cases, police stations provide copies of FIRs, complaints and final reports.
    • Police stations also verify domestic help/employees of central and state governments/public sector undertakings/students going abroad for studies.
    • The Bureau of Police Research & Development (BPR&D) had identified 45 such tasks in 2017.
    • Ease of business means police stations dispose of these requests in a transparent and time-bound manner.
    • The procedures are non-transparent and timelines are often blurred which encourage corrupt practice.
    • Even as police reforms are pursued by the Supreme Court, a definite attempt can be made to ensure time-bound delivery of the above-mentioned services to citizens.

    Use of technology for service delivery

    • These e-portals of various state police seek to provide citizen-centric services such as requests for issue/renewal of various NOCs, verification requests for servants, employment, passport, senior citizen registrations etc.
    • The India Justice Report (IJR) 2020 supported by Tata Trusts has studied the e-portals of various state police organisations.
    • The report mentions that “despite the push for digitisation, no state offered the complete bouquet of services…
    • The report also mentions that users face numerous problems of accessibility to these services.
    • The IJR 2020 audit confirms that states need to invest more resources to upgrade their e-portals for providing the 45 identified basic services to the citizens

    Way forward

    • This highlights that technology for service delivery to citizens has not been prioritised by the police leadership.
    • . This is a task that police leadership can concentrate on without any political interference.
    • The Bureau of Police Research had worked out the timeline for each service and the hierarchy/levels involved.
    • The recommendations have been shared with the state police organisations.
    • Adhering to a defined process with a timeline and clear delineation of the levels of police officers involved can ensure transparent and non-corrupt service delivery.
    • It will reduce the number of fruitless visits a citizen makes to a police station chasing different officers.
    • Along with ease of use, the language of e-portals needs attention too.
    • Citizens seeking clearances may not be very educated.
    • The Ministry of Home Affairs (MHA) earmarked about Rs 20,000 crore for the modernisation of police (2017-2020), for schemes such as crime and criminal tracing networks and system (CCTNS), police wireless and e-prisons.
    • States can take up this crucial service delivery mechanism.

    Conclusion

    Life for Indians would be transformed if government departments, including the police, provide maximum information and services through their portals respecting the defined processes and timelines

  • Ed-tech in India

    The article suggests a policy formulation for future of the learning with the adoption of technology.

    Learning crisis facing and finding solutions through technology

    • India was facing a learning crisis, even before the Covid-19 pandemic, with one in two children lacking basic reading proficiency at the age of 10.
    • The pandemic worsened it with the physical closure of 15.5 lakh schools that has affected more than 248 million students for over a year.
    • With the Fourth Industrial Revolution — the imperative now is to reimagine education and align it with the unprecedented technological transformation.
    • The pandemic offers a critical, yet stark reminder of the impending need to weave technology into education.

    Is India prepared for integrating technology in learning?

    • India’s new National Education Policy (NEP) 2020envisions the establishment of an autonomous body, the National Education Technology Forum (NETF).
    • The NETF will spearhead efforts towards providing a strategic thrust to the deployment and use of technology.
    • India is well-poised to take this leap forward with increasing access to tech-based infrastructure, electricity, and affordable internet connectivity.
    • Flagship programmes such as Digital India and the Ministry of Education’s initiatives, including the Digital Infrastructure for School Education (DIKSHA), open-source learning platform and UDISE+  will help in this direction.
    • However, we must remember that technology cannot substitute schools or replace teachers.
    • It’s not “teachers versus technology”; the solution is in “teachers and technology”.
    • In fact, tech solutions are impactful only when embraced and effectively leveraged by teachers.

    Four key elements for ed-tech policy architecture

    • A comprehensive ed-tech policy architecture must focus on four key elements:
    • Access: Providing access to learning, especially to disadvantaged groups.
    • Enable: Enabling processes of teaching, learning, and evaluation.
    • Teacher training: Facilitating teacher training and continuous professional development.
    • Governance: Improving governance systems including planning, management, and monitoring processes.

    Ed-tech ecosystem in India

    • With over 4,500 start-ups and a current valuation of around $700 million, the ed-tech market is geared for exponential growth.
    • There are, in fact, several examples of grassroots innovation.
    • The Hamara Vidhyalaya in Namsai district, Arunachal Pradesh, is fostering tech-based performance assessments.
    • Assam’s online career guidance portal is strengthening school-to-work and higher-education transition for students in grades 9 to 12.
    • Samarth in Gujarat is facilitating the online professional development of lakhs of teachers in collaboration with IIM-Ahmedabad.
    • Jharkhand’s DigiSATH is spearheading behaviour change by establishing stronger parent-teacher-student linkages.
    • Himachal Pradesh’s HarGhar Pathshala is providing digital education for children with special needs.

    Way forward

    1) Short term policy formulation

    • In the immediate term, there must be a mechanism to thoroughly map the ed-tech landscape, especially their scale, reach, and impact.
    • The policy formulation and planning process must strive to:
    • 1) Enable convergence across schemes– education, skills, digital governance, and finance.
    • 2) Foster integration of solutions through public-private partnerships, factor in voices of all stakeholders.
    • 3) Bolster cooperative federalism across all levels of government.
    • Special attention must be paid to address the digital divide at two levels: access and skills.
    • Thematic areas of the policy should feature infrastructure and connectivity; high-quality software and content; and global standards for outcome-based evaluation, real-time assessments, and systems monitoring.

    2) Long-term policy measures

    • In the longer term, as policy translates to practice at local levels a repository of the best-in-class technology solutions, good practices and lessons from successful implementation must be curated.
    • The NITI Aayog’s India Knowledge Hub and the Ministry of Education’s DIKSHA and ShaGun platforms can facilitate and amplify such learning.

    Conclusion

    With NEP 2020 having set the ball rolling, a transformative ed-tech policy architecture is the need of the hour to effectively maximise student learning.

  • Taking note of the Delhi High Court’s judgment on ‘defining terrorism’

    The recent Delhi High Court order granting bail to the student activists charged with the UAPA has brought into focus the issue of misuse of anti-terror laws by the policy. The article deals with this issue.

    Misuse of anti-terror laws

    • In the period 2015-2019, as many as 7,840 persons were arrested under the UAPA (Unlawful Activities (Prevention) Act) 1967 but only 155 were convicted by the trial courts.
    • Under TADA, till 1994, though 67,000 people were detained, just 725 were convicted in spite of confessions made to police officers being made admissible.
    • In Kartar Singh (1994), the Supreme Court of India had observed that in many cases, the prosecution had unjustifiably invoked provisions of TADA.
    • It added that such an invocation of TADA was ‘nothing but the sheer misuse and abuse of the Act by the police’.

     The definition of terrorism

    • There is no universal definition of the term ‘terrorism’ either in India or at the international level.
    •  Accordingly, neither TADA nor UAPA has a definition of the crucial terms ‘terror’ and ‘terrorism’.
    • Section 15 of UAPA merely defines a terrorist act in extremely wide and vague words: ‘as any act with intent to threaten or likely to threaten the unity, integrity, security, or sovereignty of India or with intent to strike terror or likely to strike terror in the people….’.
    • In Yaqoob Abdul Razzak Memon (2013), the Supreme Court said that terrorist acts can range from threats to actual assassinations, kidnappings, airline hijacking, car bombs, explosions, mailing of dangerous materials, use of chemical, biological, nuclear weapons etc.
    • In Hitendra Vishnu Thakur (1994), the Supreme Court had defined terrorism as the ‘use of violence when its most important result is not merely the physical and mental damage of the victim but the prolonged psychological effect it produces … on the society as a whole’.
    • In Kartar Singh (1994), the Supreme Court held that a mere disturbance of public order that disturbs even the tempo of the life of community of any particular locality is not a terrorist act.
    • By this interpretation, the CAA protests in a few localities of Delhi cannot be termed as terrorist activity.
    • In the PUCL judgment (2003), the Supreme Court included within its meaning amongst other things the ‘razing of constitutional principles that we hold dear’, ‘tearing apart of the secular fabric’ and ‘promotion of prejudice and bigotry.
    • Accordingly, in the CAA protest case the Delhi High Court concluded that since the definition of a ‘terrorist act’ in UAPA is wide and somewhat vague, it cannot be casually applied to ordinary conventional crimes.
    • The Delhi High Court said that the act of the accused must reflect the essential character of terrorism.

    Distinction between ‘law and order’, ‘public order’ and ‘security of state’

    • In Ram Manohar Lohia (1966), the Supreme Court explained the distinction between the above three terms.
    • Law and order represents the largest circle within which is the next circle representing ‘public order’, and the smallest circle represents the ‘security of state’.
    • Accordingly, an act may affect ‘law and order’ but not ‘public order’.
    • Similarly, an act may adversely affect ‘public order’ but not the ‘security of state.’
    • In most UAPA cases, the police have failed to understand these distinctions and unnecessarily clamped UAPA charges for simple violations of law and order.

    Conclusion

    Radicalisation generally succeeds only with those who have been subjected to real or perceived injustices. Let us remove injustice to combat terrorism. The creation of a truly just, egalitarian and non-oppressive society would be far more effective in combating terrorism.

  • Testing the constitutionality of section 124A of IPC

    The article highlights the issues with section 124A of the Indian Penal Code and suggests a review of its constitutionality in Kedar Nath judgement by a larger bench.

    About section 124A of IPC

    • Section 124A of the IPC contains the law of sedition.
    • This law was enacted by the British colonial government in 1870 with the sole object of suppressing all voices of Indians critical of the government.
    • The gist of the offence is: bringing or attempting to bring the government into contempt or hatred, or exciting or attempting to excite disaffection towards the government.
    • It categorises four ways sources of seditious acts: spoken words, written words, signs or visible representations.
    • There are three explanations attached to this section.
    • The first explanation says that ‘disaffection’ includes disloyalty and all feelings of enmity.
    • The second and third explanations say that one can comment on the measures of the government without bringing or attempting to bring it into contempt or hatred or exciting or attempting to excite disaffection towards the government.

    What did Supreme Court say in Kedar Nath case (1962)

    • In the ultimate analysis, the judgment in Kedar Nath which read down Section 124A and held that without incitement to violence or rebellion there is no sedition.
    •  It says that ‘only when the words written or spoken etc. which have the pernicious tendency or intention of creating public disorder’ the law steps in.
    • So if a policeman thinks that a cartoon has the pernicious tendency to create public disorder, he will arrest that cartoonist.
    • The Kedar Nath judgment makes it possible for the law enforcement machinery to easily take away the fundamental right of citizens.

    Violation of Article 19

    • Sedition, as defined in Section 124A of the IPC, clearly violates Article 19(1)(a) of the Constitution which confers the Fundamental Right of freedom of speech and expression.
    • Further, this section does not get protection under Article 19(2) on the ground of reasonable restriction.
    • However, the Supreme Court invoked the words ‘in the interest … of public order’ used in Article 19(2) and held that the offence of sedition arises when seditious utterances can lead to disorder or violence.
    • This act of reading down Section 124A brought it clearly under Article 19(2) and saved the law of sedition from being declared unconstitutional.

    Consider the question “What are the issues with section 124A of Indian Penal Code? Examine the interplay between Article 19 and section 124 of IPC.”

    Conclusion

    People will display disaffection towards a government which has failed them. The law of sedition which penalises them for hating a government which does not serve them cannot exist because it violates Article 19(1)(a) and is not protected by Article 19(2). Therefore, an urgent review of the Kedar Nath judgement by a larger Bench has become necessary.

  • One Nation One Ration Card (ONORC)

    The Supreme Court directed all states and UTs to implement the One Nation, One Ration Card (ONORC) system, which allows for inter-and intra-state portability, by July 31.

    ONORC Scheme

    • The ONORC scheme is aimed at enabling migrant workers and their family members to buy subsidized ration from any fair price shop anywhere in the country under the National Food Security Act, 2013.
    • For instance, a migrant worker from will be able to access PDS benefits elsewhere in India, where he or she may have gone in search of work.
    • While the person can buy food grains as per his or her entitlement under the NFSA at the place where he or she is based, members of his or her family can still go to their ration dealer back home.
    • To promote this reform in the archaic Public Distribution System (PDS), the government has provided incentives to states.

    How does ONORC work?

    • ONORC is based on technology that involves details of beneficiaries’ ration card, Aadhaar number, and electronic Points of Sale (ePoS).
    • The system identifies a beneficiary through biometric authentication on ePoS devices at fair price shops.
    • The system runs with the support of two portals —Integrated Management of Public Distribution System (IM-PDS) (impds.nic.in) and Annavitran (annavitran.nic.in), which host all the relevant data.
    • When a ration card holder goes to a fair price shop, he or she identifies himself or herself through biometric authentication on ePoS, which is matched real time with details on the Annavitaran portal.
    • Once the ration card details are verified, the dealer hands out the beneficiary’s entitlements.
    • While the Annavitaran portal maintains a record of intra-state transactions — inter-district and intra-district — the IM-PDS portal records the inter-state transactions.

    How many people will it benefit?

    • Under the National Food Security Act, 2013, about 81 crore people are entitled to buy subsidised foodgrains — rice at Rs 3/kg, wheat at Rs 2/kg, and coarse grains at Re 1/kg – from designated fair price shops.
    • As on 28 June 2021, there are about 5.46 lakh fair price shops and 23.63 crore ration cardholders across the country.
    • Each NFSA ration cardholder is assigned to a fair price shop near the place where his ration card is registered.

    What factors led to the launch of ONORC?

    • Earlier, NFSA beneficiaries were not able to access their PDS benefits outside the jurisdiction of the specific fair price shop to which they have been assigned.
    • The government envisioned the ONORC to give them access to benefits from any fair price shop.
    • The idea was to reform the PDS, which has been historically marred by inefficiency and leakages.
    • ONORC was initially launched as an inter-state pilot.
    • When the Covid-19 pandemic forced thousands of migrant workers to return to their villages last year, a need was felt to expedite the rollout.

    What has been the coverage so far?

    • Till date, 32 states and Union Territories have joined the ONORC, covering about 69 crore NFSA beneficiaries.
    • About 1.35 crore portability transactions every month are being recorded under ONORC on an average.
    • While inter-state ration card portability is available in 32 states, the number of such transactions is much lower than that of intra-district and inter-district transactions.

    States not joining

    • Four states are yet to join the scheme — Assam, Chhattisgarh, Delhi and West Bengal. There are various reasons.
    • For instance, Delhi is yet to start the use of ePoS in fair price shops, which is a prerequisite for the implementation of ONORC.
    • In the case of West Bengal, the state government has demanded that the non-NFSA ration cardholders — ration cards issued by the state government — should also be covered under the ONORC.

  • NITI Aayog releases study on ‘Not-for-Profit’ hospital model

    NITI Aayog has released a comprehensive study on the not-for-profit hospital model in the country, in a step towards closing the information gap on such institutions and facilitating robust policymaking in this area.

    ‘Not-for-Profit’ hospitals

    • The “Not-for-Profit” Hospital Sector has the reputation of providing affordable and accessible healthcare for many years.
    • This sector provides not only curative healthcare, but also preventive healthcare, and links healthcare with social reform, community engagement, and education.
    • They utilize the resources and grants provided to them by the Government to provide cost-effective healthcare to the population without being overly concerned about profits.
    • However, this sector remains largely understudied, with a lack of awareness about its services in the public domain.

    Significance for India

    • As per the NITI Aayog’s report, the not-for-profit hospitals account for only 1.1% of treated ailments as of June 2018.
    • The report further revealed that for-profit hospitals account for 55.3% of in-patients, while not-for-profit hospitals account for only 2.7% of in-patients in the country.
    • The cumulative cost of care at not-for-profit hospitals is lesser than for-profit hospitals by about one-fourth in the in-patient department.
    • This is reckoned by the package component of cost, which is approximately 20% lower, the doctor’s or surgeon’s charges, which are approximately 36% lower and the major aspect being the bed charges, which are approximately 44% lower than the for-profit hospitals.

    NITI Aayog’s approach

    • Categorization of the prominent not-for-profit hospitals based on the premise of services and their ownership
    • Understanding the business model of the hospitals i.e. the financial viability, and their dependence on donations and grants
    • Understanding the challenges faced by these hospitals
    • Formulation of recommendations for policy interventions to promote the sector

    Categories of such hospitals

    Using the above-mentioned approach and secondary research, the following four categories were defined for the not-for-profit hospitals:

    1. Faith-based Hospitals
    2. Community-based Hospitals
    3. Cooperative Hospitals
    4. Private Trust Hospitals

    Why need such hospitals?

    • There has been relatively low investment in the expansion of the health sector in the private domain.
    • The not-for-profit hospital sector provides not only curative but also preventive healthcare.
    • It links healthcare with social reform, community engagement, and education.
    • It uses government resources and grants to provide cost-effective healthcare to people without being concerned about profits.

  • India-Africa relations

    The article deals with India’s strategy to deepen the ties with African nations and suggest a critical review of the implementation of India’s strategy.

    Need for review of India’s foreign policy for Africa

    • Africa is considered a foreign policy priority by India.
    •  Even as the COVID-19 era began in March 2020, New Delhi took new initiatives to assist Africa through prompt despatch of medicines and later vaccines.
    • But now the policy implementation needs a critical review.

    Four factors that explain need for a review of policy implementation

    1) Declining trade

    • Declining trade: Bilateral trade valued at $55.9 billion in 2020-21, fell by $10.8 billion compared to 2019-20, and $15.5 billion compared to the peak year of 2014-15.
    • Decline in investment: India’s investments in Africa too saw a decrease from $3.2 billion in 2019-20 to $2.9 billion in 2020-21.
    • The composition of the India-Africa trade has not changed much over the two decades.
    • Mineral fuels and oils, (essentially crude oil) and pearls, precious or semi-precious stones are the top two imports accounting for over 77% of our imports from Africa.
    • India’s top five markets today are South Africa, Nigeria, Egypt, Kenya and Togo.
    • The countries from which India imports the most are South Africa, Nigeria, Egypt, Angola and Guinea.

    2) Covid impact

    • COVID-19 has brought misery to Africa.
    • As on June 24, 2021, Africa registered 5.2 million infections and 1,37,855 deaths.
    • A recent World Health Organization survey revealed that 41 African countries had fewer than 2,000 working ventilators among them.
    • Despite these shortcomings, Africa has not done so badly.
    •  Sadly though, with much of the world caught up in coping with the novel coronavirus pandemic’s ill effects, flows of assistance and investment to Africa have decreased.
    • While China has successfully used the pandemic to expand its footprint by increasing the outflow of its vaccines.
    • Unfortunately India’s ‘vax diplomacy’ has suffered a setback. 

    3) Global competition for influence

    • Africa experienced a sharpened international competition, known as ‘the third scramble’, in the first two decades of the 21st century.
    • A dozen nations from the Americas, Europe and Asia have striven to assist Africa in resolving the continent’s political and social challenge.
    • These nations, in turn, stand to benefit from Africa’s markets, minerals, hydrocarbons and oceanic resources, and thereby to expand their geopolitical influence.

    4) Geopolitical tensions in Asia

    • Geopolitical tensions in Asia and the imperative to consolidate its position in the Indo-Pacific region have compelled New Delhi to concentrate on its ties with the United Kingdom, the EU, and the Quad powers, particularly the U.S.
    • Consequently, the attention normally paid to Africa lost out.
    • This must now change.

    Way forward for India-Africa relation

    • For mutual benefit, Africa and India should remain optimally engaged.
    • The third India-Africa Forum Summit was held in 2015.
    • The fourth summit, pending since last year, should be held as soon as possible, even if in a virtual format.
    • Fresh financial resources for grants and concessional loans to Africa must be allocated, as previous allocations stand almost fully exhausted.
    • The promotion of economic relations demands a higher priority.
    • Industry representatives should be consulted about their grievances and challenges in the COVID-19 era.
    • To impart a 21st-century complexion to the partnership, developing and deepening collaborations in health, space and digital technologies is essential.
    • India should continue its role in peacekeeping in Africa, in lending support to African counter-terrorism operations, and contributing to African institutions through training and capacity-enhancing assistance.
    • To overcome the China challenge in Africa, increased cooperation between India and its international allies, rates priority.
    • The recent India-EU Summit has identified Africa as a region where a partnership-based approach will be followed.
    •  When the first in-person summit of the Quad powers is held in Washington, a robust partnership plan for Africa should be announced. 

    Conclusion

    India should review the policy implementation and make changes in line with the changing geopolitical realities.

  • Issues faced by India’s sexual minorities

    The article highlights the plight of sexual minorities despite the landmark judgments by the Supreme Court.

    Role played by the judiciary

    • The Delhi High Court’s verdict in Naz Foundation vs Government of NCT of Delhi (2009) was a landmark in the law of sexuality and equality jurisprudence in India.
    • The court held that Section 377 offended the guarantee of equality enshrined in Article 14 of the Constitution, because it creates an unreasonable classification and targets homosexuals as a class.
    • In a retrograde step, the Supreme Court, in Suresh Kumar Koushal vs Naz Foundation (2013), reinstated Section 377 to the IPC.
    • However, the Supreme Court in Navtej Singh Johar & Ors. vs Union of India (2018) declared that the application of Section 377 IPC to consensual homosexual behaviour was “unconstitutional”.
    • This Supreme Court judgment has been a great victory to the Indian individual in his quest for identity and dignity.
    • It also underscored the doctrine of progressive realisation of rights.

    No legal sanction to same-sex marriage

    • Despite the judgments of the Supreme Court, there is still a lot of discrimination against sexual minorities in matters of employment, health and personal relationship.
    • The Union of India has recently opposed any move to accord legal sanction to same-sex marriages in India.
    • The Union of India stated that the decriminalisation of Section 377 of the Indian Penal Code does not automatically translate into a fundamental right for same sex couples to marry. 
    • The U.S. Supreme Court, in Obergefell vs Hodges (2015) underscored the emotional and social value of the institution of marriage and asserted that the universal human right of marriage should not be denied to a same-sex couple.
    • Indian society and the state should synchronise themselves with changing trends.

    Need to amend Article 15 to prohibit discrimination based on gender or sexual orientation

    • Article 15 secures the citizens from every sort of discrimination by the state, on the grounds of religion, race, caste, sex or place of birth or any of them.
    • The grounds of non-discrimination should be expanded by including gender and sexual orientation.
    • In May 1996, South Africa became the first country to constitutionally prohibit discrimination based on sexual orientation.
    • The United Kingdom passed the “Alan Turing law” in 2017 which ‘granted amnesty and pardon to the men who were cautioned or convicted under historical legislation that outlawed homosexual acts’.

    Way forward

    • Justice Rohinton F. Nariman had directed in Navtej Singh Johar & Ors., the Government to sensitise the general public and officials, to reduce and finally eliminate the stigma associated with LGBTQ+ community through the mass media and the official channels.
    • School and university students too should be sensitised about the diversity of sexuality to deconstruct the myth of heteronormativity.
    • Heteronormativity is the root cause of hetero-sexism and homophobia.

    Conclusion

    It is time for change, but the burden should not be left to the powers that be. The onus remains with the civil society, the citizenry concerned and the LGBTQ+ community itself.