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GS Paper: GS2

  • 7th Fleet’s patrol in India’s EEZ was an act of impropriety

    The explains the implications of a recent incident in which the US 7th fleet asserted navigation freedom and rights inside India’s Exclusive Economic Zone.

    Freedom of navigation operation in India’s EEZ

    • The US 7th fleet recently declared that on 7th April, 2021 USS John Paul Jones asserted navigational rights and freedom inside India’s EEZ, without requesting India’s prior consent.
    • The statement also said that  “India requires prior consent for military exercises or manoeuvres in its EEZ, a claim inconsistent with international law.

    Which international law the statement referred to

    • The “international law” being cited by Commander 7th Fleet is a UN Convention which resulted from the third UN Conference on Law of the Seas (UNCLOS 1982).
    • India has ratified the Convention, which came into force in 1994.
    • However, amongst the 168 nations who have either acceded to or ratified UNCLOS 1982, the US is conspicuous by its absence.

    Background of the UNCLOS

    • In 1945, the US unilaterally declared its jurisdiction over all natural resources on that nation’s continental shelf. 
    • Taking cue from the US, some states extended their sovereign rights to 200 miles, while others declared territorial limits as they pleased.
    • To bring order to a confusing situation, conferences for codifying laws of the seas were convened by the UN.
    • After negotiations, an agreement was obtained on a set of laws that formalised the following maritime zones:
    • (a) A 12-mile limit on territorial sea;
    • (b) A 24-mile contiguous zone.
    • (c) Amnewly conceived “exclusive economic zone” (EEZ) extending up to 200 miles within which the state would have sole rights over natural resources.
    • The EEZ was said to be unique in that it was neither high seas nor territorial waters.

    Issues with the UNCLOS 1982

    • The signatories UNCLOS 1982 have chosen to remain silent on controversial issues with military or security implications and mandated no process for resolution of ambiguities.
    • Resort to the International Tribunal for the Law of the Sea or a Court of Arbitration are amongst the options available.
    • However, many states have expressed a preference for “negotiating in good faith”.
    • The time has, perhaps, come for signatories of UNCLOS 1982 to convene another conference to review laws and resolve issues of contention.

    Why US refused to ratify UNCLOS

    • It was accepted that the seabed beyond the limits of national jurisdiction was not subject to national sovereignty but would be “the common heritage of mankind” .
    • This seems to have been at the root of the US opposition to UNCLOS.
    • It was felt in the US that this concept favoured the under-developed countries thereby denying America the fruits of its technological superiority.
    • The US Senate, therefore, refused to ratify UNCLOS.
    • Amongst the areas of major contention or sharp divergence in the interpretation of rules are:
    • 1) Applicability of the EEZ concept to rocks and islets.
    • 2) The right of innocent passage for foreign warships through territorial seas.
    • 3) Conduct of naval activities in the EEZ and the pursuit of marine scientific research in territorial waters and EEZ.

    Containing China

    • China has insulated itself against US intervention, through the progressive development of its “anti-access, area-denial” or A2AD capability.
    • China has accelerated its campaign to achieve control of the South China Sea (SCS).
    • In 2013, China commenced on an intense campaign to build artificial islands in the SCS on top of reefs in the Spratly and Paracel groups.
    • In 2016, China disdainfully rejected the verdict of the UN Court of Arbitration in its dispute with the Philippines.
    • So far, none of the US initiatives including Obama’s abortive US Pivot/Re-balance to Asia, Trump’s Indo-Pacific Strategy and Asia Reassurance Initiative Act, seem to have had the slightest impact on China’s aggressive intent
    • Therefore, it seems pointless for the US Navy to frighten the Maldives or friendly India and it needs to focus on China instead.

    Consider the question “What are the different types of maritime zones under the United Nations Convention for the Law of the Sea 1982? What are the flaws in the convention?

    Conclusion

    In this fraught environment, the ever-expanding, worldwide FONOP campaign needs a careful reappraisal by US policy-makers for effectiveness — lest it alienates friends instead of deterring adversaries.

  • Film Certification Appellate Tribunal (FCAT)

    The Government of India’s decision to abolish the Film Certification Appellate Tribunal (FCAT), under the Tribunal Reforms Ordinance, 2021, has triggered a wave of criticism with filmmakers.

    The FCAT was the place filmmakers walked into as a penultimate resort to challenging edits suggested to their films by the Central Board of Film Certification (CBFC).

    Plunging into crisis

    • FCAT is only one of many tribunals in the country that were either abolished or amalgamated under the Ordinance.
    • Earlier, if a filmmaker fails to clear the Examining Committee (EC) and Revising Committee (RC) hurdles of the CBFC, the FCAT was the next step of recourse, but that is no longer the case.
    • FCAT only charged a nominal fee to hold the screening for its members, and it would pass its judgment immediately.

    Fighting the system

    • FCAT’s panel is predominantly made up of members from industry veterans who arrive at a judgment after balancing both CBFC and the filmmaker’s points of view.
    • Most of CBFC’s decisions were overruled by the Tribunal and that has reassured constitutional rights under Article 19 to filmmakers to express themselves freely.
    • A judge will only look at the issue from a legal perspective, not whether a particular edit will constrict the flow of the movie.

    Re-classifying certification

    • To avoid such issues, the Government constituted the ‘Shyam Benegal Committee’ in January 2016.
    • The committee recommended regulations for film certification — a move away from the current practice adopted by CBFC, and submitted its report in April 2016.
    • According to many, a revamp of the certification system that doesn’t require censoring or cuts is the need of the hour.

  • India’s refugee Policy & Issues with it

    The article highlights the issue of the lack of refugee protection framework in India and suggests enacting domestic law to deal with the issue. 

    India’s record on refugee protection

    • India, for the most part, has had a stellar record on the issue of refugee protection.
    • But this moral tradition has come under great stress of late.
    • New Delhi has been one of the largest recipients of refugees in the world in spite of not being a party to the 1951 Refugee Convention and its 1967 Protocol.

    Confusion in policies for immigrants and refugees

    • Much of the debate in India is about illegal immigrants, not refugees, the two categories tend to get bunched together.
    • Our policies towards illegal immigrants and refugees is confused is because as per Indian law, both categories of people are viewed as one and the same and are covered under the Foreigners Act, 1946.
    • The act offers a simple definition of a foreigner — “foreigner” means “a person who is not a citizen of India”.
    • There are fundamental differences between illegal immigrants and refugees, but India is legally ill-equipped to deal with them separately due to a lack of legal provisions.
    • Also, India is not a party to the 1951 Refugee Convention and its 1967 Protocol, the key legal documents pertaining to refugee protection.

    How absence of policy framework creates problems

    • The absence of legal framework for refugees leads to policy ambiguity whereby India’s refugee policy is guided primarily by ad hocism and ‘political utility’.
    • At the same time, the absence of a legal framework increases the possibility of the domestic politicisation of refugee protection and complicates its geopolitical faultlines.
    • The absence of a clearly laid down refugee protection law also opens the door for geopolitical considerations while deciding to admit refugees or not.
    • For example, India’s decision in the recent case of admitting Myanmarese refugees fleeing to India was influence by the possibility of irking the Generals in Naypyitaw.
    • However, hypothetically speaking, if New Delhi had domestic legislation regarding refugees it could have tempered the expectations of the junta to return the fleeing Myanmarese.

    Why India has not signed convention and protocol on refugee protection

    • The definition of refugees in the 1951 convention only pertains to the violation of civil and political rights, but not economic rights, of individuals.
    • If the violation of economic rights were to be included in the definition of a refugee, it would clearly pose a major burden on the developed world.
    • This argument, if used in the South Asian context, could be a problematic proposition for India too.
    • India also need to argue that the North is violating the convention in both letter and spirit, and make its accession conditional on the Western States rolling back the non-entrée (no entry) regime.
    • The non-entrée regime is constituted by a range of legal and administrative measures that include visa restrictions, carrier sanctions, interdictions, third safe-country rule, restrictive interpretations of the definition of ‘refugee’, withdrawal of social welfare benefits to asylum seekers, and widespread practices of detention.”
    • In other words, India must use its exemplary, though less than perfect, history of refugee protection to begin a global conversation on the issue.

    Way forward

    • What other options do we have to respond to the refugee situation we are faced with?
    • The answer perhaps lies in a new domestic law aimed at refugees.
    • The CAA, however, is not the answer to this problem primarily because of its deeply discriminatory nature.
    • What is perhaps equally important is that such a domestic refugee law should allow for temporary shelter and work permit for refugees.
    • India must also make a distinction between temporary migrant workers, illegal immigrants and refugees and deal with each of them differently through proper legal and institutional mechanisms.

    Consider the question “What are the reasons for India’s not singing 1951 Refugee Convention? What are the options India can explore for refugee protection? 

    Conclusion

    Our traditional practice of managing these issues with ambiguity and political expediency has become deeply counterproductive: It neither protects the refugees nor helps stop illegal immigration into the country.

  • Freedom of Navigation Operations

    The US Navy has had “asserted navigational rights and freedoms approximately 130 nautical miles west of Lakshadweep Islands, inside India’s exclusive economic zone (EEZ), without requesting India’s prior consent, consistent with international law”.

    Try this question:

    Q.What do you mean by Freedom of Navigation Operations (FONOPs)? What are its legal backings?  Discuss its significance.

    Freedom of Navigation Operations

    • FONOPs are closely linked to the concept of freedom of navigation, and in particular to the enforcement of relevant international law and customs regarding freedom of navigation.
    • It involves passage conducted by the US Navy through waters claimed by coastal nations as their exclusive territory.
    • It is carried under the US policy of exercising and asserting its navigation and overflight rights and freedoms around the world”.
    • It says these “assertions communicate that the US does not acquiesce to the excessive maritime claims of other nations, and thus prevents those claims from becoming accepted in international law”.

    Significance of FONOPs

    • FONOPs are a method of enforcing UNCLOS (United Nations Convention on the Law of the Sea) and avoiding these negative outcomes by reinforcing freedom of navigation through practice.
    • It is exercised by sailing through all areas of the sea permitted under UNCLOS, and particularly those areas that states have attempted to close off to free navigation as defined under UNCLOS.

    What about EEZs?

    • An exclusive economic zone (EEZ) is prescribed by the 1982 United Nations Convention on the Law of the Sea.
    • It is an area of the sea in which a sovereign state has special rights regarding the exploration and use of marine resources, including energy production from water and wind.
    • It stretches from the baseline out to 200 nautical miles from the coast of the state in question.
    • It is also referred to as a maritime continental margin and, in colloquial usage, may include the continental shelf.
    • The term does not include either the territorial sea or the continental shelf beyond the 200 nautical mile limit.
    • The difference between the territorial sea and the exclusive economic zone is that the first confers full sovereignty over the waters, whereas the second is merely a “sovereign right” which refers to the coastal state’s rights below the surface of the sea.
    • The surface waters, as can be seen on the map, are international waters.

    Is FONOP violative of India’s EEZ?

    • As per India’s Territorial Waters Act, 1976, the EEZ of India “is an area beyond and adjacent to the territorial waters, and the limit of such zone is two hundred nautical miles from the baseline”.
    • India’s “limit of the territorial waters is the line every point of which is at a distance of twelve nautical miles from the nearest point of the appropriate baseline”.
    • Under the 1976 law, “all foreign ships (other than warships including submarines and other underwater vehicles) shall enjoy the right of innocent passage through the territorial waters”.

    Back2Basics: UNCLOS

    • The Law of the Sea Treaty formally known as the Third United Nations Convention on the Law of the Sea was adopted in 1982 at Montego Bay, Jamaica. It entered into force in 1994.
    • The convention establishes a comprehensive set of rules governing the oceans and replaces previous U.N. Conventions on the Law of the Sea
    • The convention defines the distance of 12 nautical miles from the baseline as Territorial Sea limit and a distance of 200 nautical miles distance as Exclusive Economic Zone limit.

  • SARTHAQ Plan

    Union Education Minister has launched ‘Students’ and Teachers’ Holistic Advancement through Quality Education (SARTHAQ), the National Education Policy (NEP) 2020 implementation plan for school education.

    SARTHAQ

    • SARTHAQ keeps in mind the concurrent nature of education and adheres to the spirit of federalism.
    • The plan delineates the roadmap for the implementation of NEP 2020 for the next 10 years.
    • States and Union Territories have been given the flexibility to adapt the plan with “local contextualization”.
    • They have been allowed to modify the plan as per their needs and requirements.

    Envisaged outcomes

    • Increase in Gross Enrolment Ratio (GER), Net Enrolment Ratio (NER), transition rate and retention rate at all levels and reduction in dropouts and out of school children.
    • Access to quality ECCE and Universal Acquisition of Foundational Literacy and Numeracy by Grade 3.
    • Improvement in Learning Outcomes at all stages with an emphasis on teaching and learning through mother tongue/local/regional languages in the early years.
    • Integration of vocational education, sports, arts, knowledge of India, 21st-century skills, values of citizenship, awareness of environment conservation, etc. in the curriculum at all stages.
    • Introduction of Experiential learning at all stages and adoption of innovative pedagogies by teachers in classroom transaction.
    • Integration of technology in educational planning and governance and availability of ICT and quality e-content in classrooms.

  • What is Durbar Move?

    A tradition of a century and a half is set to be broken in Jammu and Kashmir, with only “sensitive records” being taken from Jammu to Srinagar this summer during the “Durbar Move”.

    Discuss the feasibility, benefits and constraints caused by multiple administrative capitals in Indian states with special context to Jammu and Kashmir and the state of Andhra Pradesh. (250W)

    Durbar Move

    • Durbar Move is a bi-annual shifting of the Civil Secretariat and other offices of the state government from Jammu to Srinagar in summer, and vice versa in winter.
    • This is done as Jammu & Kashmir has two capitals: Kashmir during summer and Jammu during winter.
    • In Jammu, offices shut on the last Friday and Saturday of April and reopen in Srinagar on the first Monday after a gap of a week.
    • In Kashmir, offices shut on the last Friday and Saturday of October, to reopen in Jammu on the first Monday after a week’s gap, in November.

    The reasons why

    • Durbar Move is a tradition started 149 years ago started by the erstwhile Dogra rulers who hailed from Jammu but had expanded their boundaries to Kashmir including what is now Pakistan-occupied Kashmir, and Ladakh.
    • Jammu, Kashmir and Ladakh are very different from one another geographically, linguistically and culturally, and in those days were poorly connected by road.
    • It is generally understood that the Durbar Move was started to take the administration to the doorstep of the people of Kashmir which is closer to Ladakh.
    • During summer, ruling from Kashmir also helped in ensuring adequate supplies to Ladakh, which is closer to Kashmir than Jammu, before the winter snowfall would cut off Ladakh.
    • The practice also enabled greater interaction and bonding among the people of Jammu, Kashmir and Ladakh.

    The effort

    • Until 2019, the administration used to engage hundreds of trucks and buses for carrying office records and officials from one capital city to another.
    • For safe transportation, the Jammu & Kashmir police and paramilitary forces would dominate the entire Jammu-Srinagar national highway.
    • Apart from the expenses incurred on hiring trucks and buses, the moving staff also used to be paid TA and DA, besides arrangements for their accommodation.

    The criticism

    • Voices of protest started during the late 1980s, over the amount of money and time spent on the exercise.
    • However, the practice also enjoyed public support.
    • In recent years, many criticised the government for spending nearly Rs 200 crore on this exercise every year when it did not have enough funds even to pay salary to its employees.
    • Last year, the Jammu & Kashmir High Court observed that there was no legal justification or constitutional basis for the Darbar Move tradition.
    • The court recommended that in case the practice was rationalized, the resources and time saved could be utilized towards the welfare and development of the UT.
    • The money saved could also be used to address Covid-related issues like food shortage, unemployment and healthcare.

    What next?

    • The UT government has decided to switch to e-governance, will all office records converted into digital format.
    • As a result, while the Secretariat employees and some offices will move from Jammu to Srinagar, as usual, this year, only sensitive records will be shifted from one place to another.

  • Central Vigilance Commission (CVC)

    The CVC has modified the guidelines pertaining to the transfer and posting of officials in the vigilance units of government organisations, restricting their tenure to three years at one place.

    Revise all statutory and constitutional bodies from your Polity Book at least 2-3 times before the prelims.

    Central Vigilance Commission (CVC)

    • CVC is an apex governmental body created in 1964 to address governmental corruption.
    • In 2003, the Parliament enacted a law conferring statutory status on the CVC.
    • It has the status of an autonomous body, free of control from any executive authority, charged with monitoring all vigilance activity under the Central Government of India.
    • It advises various authorities in central Government organizations in planning, executing, reviewing and reforming their vigilance work.

    Its establishment

    • It was set up by the Government Resolution on 11 February 1964, on the recommendations of the Committee on Prevention of Corruption, headed by Shri K. Santhanam.
    • N Srinivasa Rau was selected as the first Chief Vigilance Commissioner of India.

    Composition

    • The Commission shall consist of:
    1. A Central Vigilance Commissioner – Chairperson;
    2. Not more than two Vigilance Commissioners – Members.
    • The CVC and other VCs shall be appointed by the President on the recommendation of a Committee consisting of the PM (Chairperson), the Minister of Home Affairs (Member) and the Leader of the Opposition in the House of the People (Lok Sabha).

  • Supreme Court Portal for Assistance in Court’s Efficiency (SUPACE)

    The Supreme Court has unveiled its Artificial Intelligence (AI) portal SUPACE, designed to make research easier for judges, thereby easing their workload.

    SUPACE

    • A pet project of the former Chief Justice of India S A Bobde, the SUPACE is a tool that collects relevant facts and laws and makes them available to a judge.
    • The Supreme Court’s system is not designed to take decisions, but only to process facts and to make them available to judges looking for input for a decision.
    • The CJI had then said that AI is to the intellect, what muscle memory is to the mind.

    Its’ utility

    • SUPACE will produce results customized to the need of the case and the way the judge thinks.
    • This will be time-saving. It will help the judiciary and the court in reducing delays and pendency of cases.
    • AI will present a more streamlined, cost-effective and time-bound means to the fundamental right of access to justice.
    • It will make the service delivery mechanism transparent and cost-efficient.

  • Lok Adalats

    The article highlights the important role played by the Lok Adalats in dispute resolution and raises concerns over underminig of justice for the sake of speedy disposal.

    Background of Lok Adalat

    • The Constitution (42nd Amendment) Act, 1976, inserted Article 39A to ensure “equal justice and free legal aid”.
    • To this end, the Legal Services Authorities Act, 1987, was enacted by Parliament and it came into force in 1995.
    • The Act seeks “to provide free and competent legal services to weaker sections of the society” and to “organise Lok Adalats to secure that the operation of the legal system promotes justice on a basis of equal opportunity”.
    • As an alternative dispute resolution tool, Lok Adalats are regularly organised to help parties reach a compromise.
    • Motor-accident claims, disputes related to public-utility services, cases related to dishonour of cheques, and land, labour and matrimonial disputes (except divorce) are usually taken up by Lok Adalats.

    Significance of Lok Adalats

    • As per the National Judicial Data Grid, 16.9% of all cases in district and taluka courts are three to five years old.
    • For High Courts, 20.4% of all cases are five to 10 years old, and over 17% are 10-20 years old.
    • Furthermore, over 66,000 cases are pending before the Supreme Court, over 57 lakh cases before various HCs, and over 3 crore cases are pending before various district and subordinate courts.
    • Moreover, Lok Adalats are economically affordable, as there are no court fees for placing matters before the Lok Adalat; finality of awards, as no further appeal is allowed.
    • As a result, litigants are forced to approach Lok Adalats mainly because it is a party-driven process, allowing them to reach an amicable settlement.

    Why Lok Adalats are fast

    • When compared to litigation, and even other dispute resolution devices, such as arbitration and mediation, Lok Adalats offer parties speed of settlement.
    • Cases are disposed of in a single day.
    • The speed is due to procedural flexibility, as there is no strict application of procedural laws such as the Code of Civil Procedure, 1908, and the Indian Evidence Act, 1872.
    • More importantly, the award issued by a Lok Adalat, after the filing of a joint compromise petition, has the status of a civil court decree.

    Some figures about cases disposed

    • In 2015 and 2016, ten National Lok Adalats (NLAs) were held each year that disposed of 1,83,09,401 and 1,04,98,453 cases respectively.
    • In 2017 and 2018, the number of NLAs dropped to five, with 54,05,867 and 58,79,691 cases settled respectively.
    • In 2019, four NLAs were organised, and they disposed of 52,93,273 cases.
    • In 2015, the average number of cases settled per NLA was 18,30,940, which came down to 10,81,174 in 2017, but rose to 11,75,939 in 2018, and 13,23,319 cases in 2019.
    • This throws up questions about the efficiency of NLAs.
    • The data show that the average number of cases disposed of per NLA since 2017 has gone up even when the number of NLAs organised each year has reduced.
    • This proves that on average, the system is certainly efficient.

    Concerns

    • The Supreme Court, in State of Punjab vs Jalour Singh (2008), held that a Lok Adalat is purely conciliatory and it has no adjudicatory or judicial function.
    • As compromise is its central idea, there is a concern that in the endeavour for speedy disposal of cases, it undermines the idea of justice.
    •  In a majority of cases, litigants are pitted against entities with deep pockets, such as insurance companies, banks, electricity boards, among others.
    •  In many cases, compromises are imposed on the poor who often have no choice but to accept them.
    • Similarly, poor women under the so-called ‘harmony ideology’ of the state are virtually dictated by family courts to compromise matrimonial disputes under a romanticised view of marriage.
    •  Even a disaster like the Bhopal gas tragedy was coercively settled for a paltry sum, with real justice still eluding thousands of victims.

    Consider the question “Examine the significance of Lok Adalats as an alternative dispute resolution tool. What are the concerns with speedy disposal of cases by Lok Adalats?”

    Conclusion

    A just outcome of a legal process is far more important than expeditious disposal, so what we need is concrete and innovative steps in improving the quality of justice rendered by National Lok Adalats.

  • Jordan Crisis and its significance for the Arab Region

    The royal household in Jordan has recently seen intense drama, with the King’s popular half-brother and former crown prince was placed under de facto house arrest.

    Study the map; especially, the Israel-Jordan border and Dead Sea.

    Signs of a Coup

    • Jordanian government statements have has stated that there had been an attempted coup to destabilize the country, mentioning unnamed “foreign entities” involved in the plot.
    • The events have thus put a spotlight on Jordan’s unique position as one of the most stable countries in the Arab world, and given rise to questions about who could stand to benefit from the alleged coup.

    Jordan’s stability matters

    • Jordan, which this year celebrates 100 years since its creation after World War I, has for decades remained stable in a part of the world that is prone to conflict and political uncertainty.
    • For its allies in the West and in the Gulf, Jordan is a strategic partner which can be relied upon for furthering political objectives in the region, which includes war-torn Syria and Iraq as well as conflict-prone Israel and Palestine.
    • The support of Jordanian intelligence has proven critically important in the fight against terrorism.
    • Though impoverished, the country of about a crore people has served as a haven for refugees in the conflict-ridden region.

    The asylum giver

    • After the Arab-Israeli wars of 1948 and 1967, Jordan received waves of refugees, to the point that about half of Jordan’s population today is made up of Palestinians.
    • It has also welcomed refugees after the 2003 US invasion of Iraq, and currently hosts over 10 lakh from Syria, where a protracted civil war is going on.
    • Jordan is also considered important to any future peace deal between Israel and Palestine.

    How does Jordan get along with regional powers?

    (1) West

    • Traditionally, Jordan has maintained close relations with the US, and the fellow Sunni Muslim powers of Saudi Arabia and the UAE, which together stand against Shia Iran.
    • It also has diplomatic relations with Israel, and the two countries have been bound by a peace treaty since 1994.

    (2) Within Gulf

    • In recent years, however, Jordan’s relations with the Saudis and UAE have seen ups and downs.
    • It has been particularly since the rise of their respective crown prince’s Mohammed bin Salman (known by initials MBS) and Mohammed bin Zayed (MBZ).
    • One of the points of friction was Saudi-UAE’s blockade of Qatar in 2017.
    • It caused further consternation in Saudi and Emirati circles by maintaining strong ties with Turkey.

    (3) Ties with Israel

    • Jordan’s role as the region’s interlocutor has also diminished since last year, after the UAE normalized relations with Israel.

    What have the powers said of the alleged coup?

    • Both Saudi Arabia and the UAE have expressed full support for King Abdullah. The US has called the ruler a “key partner”.
    • To drive home the point, Saudi Arabia sent its foreign minister, Prince Faisal bin Farhan, to Jordan’s capital Amman to express complete solidarity with Jordan’s King and his government.
    • Saudi and the UAE have little to gain by destabilizing Jordan, a country that has long served as a dependable ally.