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GS Paper: GS2

  • Recalibrating India-Nepal ties

    The article suggests the need for a relook at the India-Nepal ties in the changing geopolitical circumstances. 

    Unchanging perspective on of each other

    • Many in Nepal continue to equate being anti-India with being nationalistic.
    • Politicians and political parties whip up such sentiment especially before an election.
    • Prime Minister K.P. Oli won the 2017 election partly because he projected himself as someone who stood up to India during the blockade.
    • He again whipped up nationalistic sentiments when he got the Nepal map amended to add new territory.
    • India continues to think that by providing aid and development projects in Nepal, it can win Nepali hearts.
    • But despite pouring billions of rupees into Nepal over decades, it has still not been able to do so.
    • Therefore, it needs to reflect on what it is not doing right.

    India’s aid Vs Chines aid to Nepal

    • Two issues are important to understand here.
    • First, all aid to Nepal from countries other than India and China go through the Plans of the Government of Nepal.
    • Indian aid is seen in Nepal as a favour bestowed on a constituency it wants to garner support from rather than a contribution to Nepal’s planned development.
    • Second, India competes with China in providing aid outside government budgets.
    • And China picks up projects of visibility and strategic location.
    • Chinese involvement in Nepal has increased since the April 2015 earthquake and Nepal is surely an area of strategic influence in China’s Belt and Road Initiative.

    People-to-people ties

    •  In the past two decades, two significant changes have happened.
    • 1)  Indian workers in Nepal constitute a big part of the workforce and send about $3 billion to India every year.
    • In terms of remittances to India, Nepal ranks eighth.
    • So, the Government of India needs to keep in mind that many households in India are being run with remittances from Nepal.
    • 2) Nepalis have migrated in the past 20 years to more than a hundred countries; India is not the only country that Nepalis rely on for jobs or education.
    • This is a new Nepal comprising young people with global aspirations.
    • Meanwhile, Nepal needs to plan how it engages with the youth in mainland India for whom Nepal is just like Bangladesh or Myanmar.

    Consider the question “The unchanging perspective of each other in both countries calls for the recalibration of India-Nepal ties. Examine the factors that India should consider while having a relook at its ties with Nepal”

    Conclusion

    There are some fundamentals that we simply cannot forget: geography will not change, the border will remain open as millions of livelihoods on both sides depend on it, and China is going to be a big global player with varied interests in the neighbourhood. Therefore, the India-Nepal relationship has to be recalibrated.

  • India and the OIC

    India has hit out at the Organisation of Islamic Cooperation (OIC) for making factually incorrect and unwarranted references to Jammu and Kashmir.

    What is OIC?

    • The OIC — formerly Organisation of the Islamic Conference — is the world’s second-largest inter-governmental organisation after the UN, with a membership of 57 states.
    • The OIC’s stated objective is “to safeguard and protect the interests of the Muslim world in the spirit of promoting international peace and harmony among various people of the world”.
    • OIC has reserved membership for Muslim-majority countries. Russia, Thailand, and a couple of other small countries have Observer status.

    India’s relationship with OIC

    • At the 45th session of the Foreign Ministers’ Summit in 2018, Bangladesh suggested that India, where more than 10% of the world’s Muslims live, should be given Observer status.
    • In 1969, India was dis-invited from the Conference of Islamic Countries in Rabat, Morocco at Pakistan’s behest.
    • Then Agriculture Minister Fakhruddin Ali Ahmed was dis-invited upon arrival in Morocco after Pakistan President Yahya Khan lobbied against Indian participation.

    Recent developments

    • In 2019, India made its maiden appearance at the OIC Foreign Ministers’ meeting in Abu Dhabi, as a “guest of honour”.
    • Then External Affairs Minister Sushma Swaraj addressed the Inaugural Plenary.
    • This first-time invitation was seen as a diplomatic victory for New Delhi, especially at a time of heightened tensions with Pakistan following the Pulwama attack.
    • Pakistan had opposed the invitation to Swaraj and it boycotted the plenary after the UAE turned down his demand to rescind the invitation.

    What is the OIC’s stand on Kashmir?

    • It has been generally supportive of Pakistan’s stand on Kashmir and has issued statements criticizing India.
    • These statements over the last three decades became an annual ritual, of little significance to India.
    • Last year, after India revoked Article 370 in Kashmir, Pakistan lobbied with the OIC for their condemnation of the move.
    • To Pakistan’s surprise, Saudi Arabia and the UAE — both top leaders among the Muslim countries — issued nuanced statements, and were not as harshly critical of New Delhi as Islamabad had hoped.
    • Since then, Islamabad has tried to rouse sentiments among the Islamic countries, but only a handful of them — Turkey and Malaysia — publicly criticised India.

    How has India been responding?

    • India has consistently underlined that J&K is an integral part of India and is a matter strictly internal to India.
    • The strength with which India has made this assertion has varied slightly at times, but never the core message.
    • It has maintained its “consistent and well known” stand that the OIC had no locus standi,
    • This time, India went a step ahead and said the grouping continues to allow itself to be used by a certain country “which has a record on religious tolerance, radicalism and persecution of minorities”.

    OIC members and India

    • Individually, India has good relations with almost all member nations. Ties with the UAE and Saudi Arabia, especially, have looked up significantly in recent years.
    • The OIC includes two of India’s close neighbours, Bangladesh and Maldives.
    • Indian diplomats say both countries privately admit they do not want to complicate their bilateral ties with India on Kashmir but play along with OIC.

    What lies ahead with OIC?

    • India now sees the duality of the OIC untenable, since many of these countries have good bilateral ties and convey to India to ignore OIC statements.
    • But these countries sign off on the joint statements which are largely drafted by Pakistan.
    • South Block feels it is important to challenge the double-speak since Pakistan’s campaign and currency on the Kashmir issue has hardly any takers in the international community.

  • Swasthya Sathi Health Insurance Scheme

    West Bengal CM has recently extended the Swasthya Sathi health insurance scheme to cover the entire population of the state.

    Do you know?

    Delhi, Telangana, Odisha and West Bengal have not implemented the Ayushman Bharat Scheme.

    Swasthya Sathi

    • The scheme was launched in West Bengal in 2016.
    • It is a basic health cover for secondary and tertiary care up to Rs five lakh per annum per family.
    • It is quite popular among rural and economically deprived sections of the state’s population.

    Highlights of the expanded scheme

    • Every family, every citizen irrespective of the age group will be included in this scheme
    • This is a basic health cover for secondary and tertiary care up to Rs 5 lakh per annum per family
    • The scheme is completely funded by the state government
    • To cover the entire population of the state, each and every family will be given one smart card to avail the benefits under this scheme, where they will get cashless treatment
    • All state-run and private hospitals are going to come under the Swasthya Sathi
    • The card will be issued to the female guardians of families

  • Killing of Iranian nuclear scientist and its implications

    The assassination of Iran’s nuclear scientist has implication for the future of JCPOA and the peace and the stability of the region. The article explains why.

    Context

    • Mohsen Fakhrizadeh, the Iranian scientist who led Iran’s nuclear weapons programme until it was disbanded, was assassinated last week.

    JCPOA and U.S. Presidential election’s link with the

    • Assassinations in which Israeli hands were suspected had stopped after the Joint Comprehensive Plan of Action (JCPOA) was signed.
    • The U.S. withdrew from the agreement when Trump became the U.S. President.
    • In retaliation of the withdrawal, Iran began enriching uranium and stockpiling it beyond JCPOA limits.
    • With that, the strategy of targeted assassinations seems to be back.
    • This strategy has assumed urgency with the election of Joe Biden in the U.S., who has expressed his desire to return to the JCPOA.

    Understanding the Israel link

    • Israel government is apprehensive that Mr. Biden will imperil Israel’s nuclear monopoly in West Asia.
    • The assassination of Fakhrizadeh appears to be part of a larger Israeli plan in conjunction with Saudi Arabia to force the U.S. into taking military action against Iran.
    • An Israeli-Saudi nexus on this issue, when combined with President Trump’s, could culminate in a major military strike on Iran before he leaves office.

    Win-win situation for Israel

    • If the Iranian government launches revenge attacks Mr. Netanyahu would be able to persuade the U.S. to attack Iran’s nuclear facilities.
    • If Iran shows restraint, Israel would have shown up the Iranian regime as weak while augmenting anti-American feelings in the country.
    • That anti-American feeling would make it difficult for the Biden administration to resume negotiations with Tehran on reviving JCPOA.

    Conclusion

    The fallout of the assassination, while benefiting Israel, will add to the instability in the region.

  • Is allowing Ayurvedic doctors to perform surgery legally and medically tenable?

    The Central Council of Indian Medicine, a statutory body set up under the AYUSH Ministry has allowed postgraduate (PG) Ayurvedic practitioners to receive formal training for a variety of general surgery, ENT, ophthalmology and dental procedures.

    Debate over Ayurvedic surgeries

    • The Indian Medical Association (IMA) decrying it as a mode of allowing mixing of systems of medicine by using terms from allopathy.
    • The debate revolves Ayurveda doctors allowing  ‘Shalya’ (general surgery) and ‘Shalakya’ (dealing with eye, ear, nose, throat, head and neck, oro-dentistry) to perform 58 specified surgical procedures.
    • The AYUSH Ministry has clarified that the ‘Shalya’ and ‘Shalakya’ postgraduates were already learning these procedures in their (surgical) departments in Ayurvedic medical colleges as per their training curriculum.

    Broader issue

    • The broader issue is the feasiblity of short-term training equip them to conduct surgeries and if this dilutes the medicine standards in India.
    •  As such, the postgraduate Ayurvedic surgical training is not short-term but a formal three-year course.
    • Whether the surgeries conducted in Ayurvedic medical colleges and hospitals have the same standards and outcomes as allopathic institutions requires explication and detailed formal enquiry, in the interest of patient safety.

    Why such a move?

    • The shortage and unwillingness of allopathic doctors, including surgeons, to serve in rural areas is now a chronic issue.
    • The government has tried to address this by mechanisms such as rural bonds, a quota for those who have served in rural service in postgraduate seats.
    • However, it would probably still continue to fall short of enough trained specialists in rural areas.

    Are there any restrictions on Ayurveda practitioners?

    •  As of now, no such restriction exists that limits non-allopathic doctors, including those doing Ayurvedic surgical postgraduation, to rural areas.
    • They have the same rights as allopathic graduates and postgraduates to practise in any setting of their choice.

    Is it sensible to allow Ayurvedic surgeons to only assist allopathic surgeons, rather than perform surgeries themselves?

    • The AYUSH streams are recognised systems of medicine, and as such are allowed to independently practise medicine.
    • They have medical colleges with both undergraduate and postgraduate training, which include surgical disciplines for some systems, such as Ayurveda.
    • There is, however, a difference in approach in the systems of medicine, and hence models, which allow for cross-pathy.

    Various risks associated

    • An apprenticeship model for Ayurvedic surgeons working with allopathic surgeons might fall into a regulatory grey zone.
    • It might require re-training Ayurvedic practitioners in the science of surgical approaches in modern medicine.
    • Even then, there might be a limit to what they are allowed to do. Any such experiment can put patient safety in peril, and hence, will need careful oversight and evaluation.

    Can this lead to substandard care?

    • Many patients prefer to receive treatment exclusively from AYUSH providers, while some approach this form of treatment as a complement to the existing allopathic treatment they are receiving.
    • For invasive procedures, like surgery, the risk element can be high.

    A matter of rights

    • Patients have a right to know and understand who their surgeon would be, what system of medicine they belong to, and their expertise and level of training.
    • There should not be a difference in quality of care between urban and rural patients — everyone deserves a right to quality and evidence-based care from trained professionals.

    Way forward

    • We need to explore creative ways of addressing this gap by evidence-based approaches, such as task-sharing, supported by efficient and quality referral mechanisms.
    • The advent of mid-level healthcare providers, such as Community Health Providers in many States, is also an opportunity to shift some elements of healthcare (preventive, promotive, and limited curative) to these providers, while ensuring clarity of role and career progression.

  • Linking Aadhaar to residence for targeted aid

    The article suggests the provision for a safety net with geographic targeting in case of disasters as most disasters are location specific.

    Safety net in the U.S.

    • The US Congress enacted in March a Coronavirus Aid, Relief and Economic Security (CARES) Act to sends $1,200 to each individual below the income threshold of $75,000.
    • Nonetheless, as The Washington Post reported, even in October, millions of households were yet to receive their stimulus payments.
    • The tax authorities who were charged with disbursing the funds had no way of knowing how to send the cheques.
    • But the poor had to cross several hurdles to get this money and the computer system did not make it easy for them to register their claim.

    Safety net in India and issues with it

    • In contrast to U.S., 23 per cent of Indians living in Delhi-NCR received a payment of Rs 500 in their Jan Dhan accounts within three weeks of the lockdown being declared.
    • Farmers registered for PM-KISAN also received Rs 2,000 in their accounts immediately.
    • However, there were some issues for example, recipients of PM-KISAN were not amongst the poorest households, nor were these the households that were most affected by the COVID-related lockdown.
    • The PM-Kisan Yojana applies to landowners, thereby excluding agricultural labourers as well as the urban informal sector workers who were most affected by the lockdown.
    • Similarly, for the PMJDY payment, BPL and non-BPL households record similar receipt transfers.

    Twin challenges in designing social safety nets

    • Unless a registry containing data about individuals and their bank accounts exists, money cannot be transferred expeditiously.
    • 1) Registries based on specific criteria (for example, identified BPL households) may not identify individuals most vulnerable to crises.
    • 2) Factors that contribute towards alleviating poverty may differ from the ones that push people into it — indicating the challenge of targeting welfare beneficiaries in response to shocks.
    • About 40 per cent of the poor in 2012 were pushed into poverty by special circumstances and would not have been classified as being poor based on their 2005 conditions.
    • Such exclusion errors can get magnified in the event of large-scale disasters when using pre-existing databases, since many people are likely to fall into poverty from an economy-wide negative shock, leading to coverage errors.

    Way forward

    • Recent estimates from the World Bank suggest that 88 to 115 million people could slide into poverty in 2020.
    • These observations suggest that in a disaster response situation, we cannot rely on registries based on individual characteristics to identify beneficiaries.
    • Most disasters are geographically clustered.
    • If there is a way for us to set up social registries that identify individuals, their place of residence, and their bank accounts, these linkages can be used to transfer funds to everyone living in the affected area quickly.
    • Aadhaar linkages of individuals and bank accounts already exist.
    • If residential information in the Aadhaar database can be efficiently structured, this would allow for geographic targeting.
    • Issue of violation of individual privacy can be addressed by providing that such social registries store only basic information such as location, instead of more sensitive identifiers.

    Consider the question “Disasters underscores the importance of social safety nets. However, designing a social safety net that identifies and reach the vulnerable suffers from several challenges. What are these challenes. Suggest ways to address these challenges.” 

    Conclusion

    As we try to disaster-proof future welfare programmes, these are some of the considerations that deserve attention.

  • vaccine nationalism

    Covid-19 pandemic has highlighted the weaknesses in the multilateralism which is best exemplified by the race among countries for getting access to the vaccine.

    Business out of pandemic

    • It is a crime against humanity to make a profit during any human tragedy.
    • The COVID-19 pandemic is also a human tragedy and needs global solidarity.
    • However, in a liberalised economy, there is a shocking silence in the global market trying to do business out of human suffering
    • This is where organisations of the United Nations and global networks for people should come together in one voice.
    • WHO’s idea of a “voluntary pool to collect patent rights, regulatory test data for developing COVID-19 therapies, vaccines, and diagnostics” was met with criticism.

    How to ensure equitable access to vaccine

    • The advance purchase agreements that some countries have negotiated with pharmaceutical companies exemplify the rich grabbing everything first trends.
    • Such vaccine nationalism undermines equitable access to vaccines. 
    • There has to be prioritisation for high-risk groups in all countries.
    • That framework has to be accepted by the global community without dispute.
    • In this, the COVAX partnership is a mechanism for ensuring that.
    • GAVI, or the Global Alliance for Vaccine Initiative, was in existence during the pre-COVID-19 period to ensure the pooled procurement and equitable supply of life-saving vaccines to low- and middle-income countries.
    • It has been roped in for the COVID-19 vaccine too.

    Role of the governments

    • World Health Organization Director-General exhorted member countries to treat COVID-19 technologies as a “public good”.
    • If it is a public good, governments must step in to regulate its development, innovation, manufacture, sale, and supply ultimately to the public.
    • If such an idealistic outcome does not materialise based on basic human rights then some regulation mandated by the UN General Assembly must be thought of.
    • Through the Paris Convention for the Protection of Industrial Property, the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) and the Doha Ministerial Conference declaration 2001, the WTO made provisions for compulsory licensing. 

    Consider the question “Vaccine nationalism has consequences for cooperation on the global problem. Examine the issue of vaccine nationalism and suggest ways to ensure equitable distribution”

    Way forward

    • Compulsory licensing is an extreme step available with India if rich countries go for advance purchase and hoarding of a COVID-19 vaccine produced in India by multinational pharma companies and deny India’s supply needs.
    • COVID-19 vaccine candidates are still in Phase 3 trials; the compulsory licence clause cannot be applied.
    • So, coercion to issue “voluntary licensing” to subsidiary companies in many developing countries such as India, Egypt, Thailand and Brazil by the patent holder is another option.
    • India and South Africa jointly sent out a communication, to the IPR Council of the WTO for a waiver of the protection of copyright, design, trademarks and patent on COVID-19 related technologies including vaccines.
    • If this is decided favourably as a special case considering the unprecedented impact of the pandemic, it will set a precedent.
    • Global campaigns through the media and civil society organisations can garner enough momentum to exert pressure on TRIPS.

    Conclusion

    Having nothing less than vaccines and life-saving medicines being treated as a public good must definitely be the long-term goal.

  • One nation One election

    Prime Minister once again raised the pitch for “One Nation, One Election” and a single voter list for all to prevent the impact of the model code of conduct on development works due to frequent elections.

    Try this question:

    Q.Discuss how a common electoral roll and simultaneous elections are ways to save the enormous amount of effort and expenditure on Elections in India. Also discuss the centralizing tendency behind the idea.

    Elections in India

    • Currently, elections to the state assemblies and the Lok Sabha are held separately — that is whenever the incumbent government’s five-year term ends or whenever it is dissolved due to various reasons.
    • This applies to both the state legislatures and the Lok Sabha. The terms of Legislative Assemblies and the Lok Sabha may not synchronize with one another.
    • For instance, Rajasthan faced elections in late 2018, whereas Tamil Nadu will go to elections only in 2021.

    Simultaneous Elections

    • But the idea of “One Nation, One Election” envisages a system where elections to all states and the Lok Sabha will have to be held simultaneously.
    • This will involve the restructuring of the Indian election cycle in a manner that elections to the states and the centre synchronize.
    • This would mean that the voters will cast their vote for electing members of the LS and the state assemblies on a single day, at the same time (or in a phased manner as the case may be).

    Birth of the Idea: A backgrounder

    • Simultaneous elections are not new to India. They were the norm until 1967.
    • But following dissolution of some Legislative Assemblies in 1968 and 1969 and that of the Lok Sabha in December 1970, elections to State Assemblies and Parliament have been held separately.
    • The idea of reverting to simultaneous polls was mooted in the annual report of the Election Commission in 1983.
    • The Law Commission’s Report also referred to it in 1999.
    • After PM floated the idea once again in 2016, the NITI Aayog prepared a working paper on the subject in January 2017.

    What are the proposals under it?

    There were two proposals to conduct elections synchronization in two batches.

    • One proposal was to make the shift to simultaneous polls in a phased manner, where general elections, of few States and UT may be synchronised in 2019.
    • For such a synchronization to happen, besides political consensus and extension of term up to six months in some states, amendments to the Constitution have to be made.
    • Elections to the remaining States and UTs with will be synchronised by the end of 2021.
    • Thereafter, elections to the Lok Sabha, all the State Legislative Assemblies and Union Territories (with legislatures) will be held simultaneously from 2024.

    Advantages of simultaneous elections

    • Reduce cost: The cost of an election has two components – one, expenditure incurred by the Election Commission and two, expenditure incurred by the political parties. A large number of government employees and public buildings are diverted from their regular responsibilities for election duties. Supporters of the simultaneous elections argue that it will reduce election expenditure in terms of finance and reduce diversion of human resources for election duties.
    • Reduce disruption due to MCC: Model Code of Conduct (MCC) comes into operation during election season. MCC is seen as an obstacle to the government service delivery mechanism. Simultaneous elections may reduce such disruption.
    • Reduce populism: During elections, political convenience takes precedence over public interest. To lure voters, political parties concede to popular demands without any consideration to public interest. Simultaneous elections reduce such opportunity for political parties.
    • National prespective: Simultaneous election promotes national perspective over the regional perspective. This is important for the unity of the country.
    • Strengthen National parties: Since it promotes national perspective, simultaneous elections strengthen national parties. This reduces mushrooming growth of political parties based on narrow vote bank politics.
    • Strengthens federalism: Simultaneous elections bring States on par with the Center. If the elections are to be held simultaneously once in five years, the elected state governments cannot be dismissed easily. This reduces the anomalies created by the Article 356 (President’s Rule) of the Indian constitution and hence, it strengthens federalism.
    • Stability: The simultaneous election once in five years provides stability to the governments. It allows the government to take difficult and harsh decision in larger public interest.

    Arguments against simultaneous elections

    • No guarantee that expenditure of the political parties will reduce: Simultaneous elections may reduce the expenditure incurred by the Election Commission. But there is no guarantee that expenditure of the political parties will reduce. Political parties may spend entire fund at once rather than in phases.
    • Reduce importance of state elections: Center and States are equal and sovereign within their jurisdiction. Simultaneous elections may reduce the importance of state elections. Thus it affects the concept of federalism.
    • Violates Article 83(2) and Article 172 : Article 83(2) and Article 172 of the Constitution requires that the Lok Sabha and State legislatures be in existence for five years from the date of its first meeting, “unless dissolved earlier”. Simultaneous elections ignore this phrase, as there would be no opportunity to dissolve Lok Sabha or State Assemblies.
    • Negates NCM: A government can be in power as long as it enjoys the confidence of Parliament. Simultaneous elections can work only if governments last for a fixed tenure of five years regardless of confidence of Parliament. It negates the concept of ‘no confidence motion’ – an important tool for legislative control over the executive.
    • Keep Government on toes: Elections are an important part of representative democracy. Simultaneous elections with fixed tenure of five years curtail people’s right to express their confidence or displeasure on the government.
    • Ignores diversity: Simultaneous elections will relegate local issues or issues of state importance to the background. This completely ignores the diversity of the country.
    • Logistical challenge: Holding simultaneous election once in five years may also face logistical challenges. For the free and fair conduct of the elections, security forces need to be deployed in large numbers. Given the current strength of security personnel, this may be a challenging task.

    Way forward

    • There needs to be a consensus and all hands on the deck to see whether the country suits for simultaneous elections.
    • All political parties should at least cooperate in debating this issue, once the debate starts, the public opinion can be taken into consideration.
    • India being a mature democracy, can then follows the outcome of the deliberation.

    Shekhawat solution

    • The former vice-president Bhairon Singh Shekhawat proposed a solution. He called for a review of provisions of the no-confidence motion.
    • He suggested that no-confidence motion must mandatorily be accompanied by an alternative government formation plan. This prevents premature dissolution of Lok Sabha on account of political instability.
    • But critics point out that, this solution will take away people’s right to elect or dismiss a government.

    Conclusion

    • The constitution of India has essentially prescribed a federal structure of state governance.
    • As we are aware that there are several levels of government such as Lok Sabha and the Rajya Sabha besides, state governments, Municipal Corporations and the Panchayats, which are forms of local governance.
    • As a result the entire power is not concentrated with one government.
    • But One Nation, One Election can lead to such concentration of power in a single hand.
    • So the new government needs to ensure such vast power is not gathered by a single domain through One Nation, One Election.

  • What is J&K Roshni Act?

    The J&K High Court has declared Roshni Act “illegal, unconstitutional and unsustainable” and a CBI probe has been ordered into the allotment of land under this law.

    Must read:

    [Burning Issue] One Year since the Repeal of Art. 370

    What is the Roshni Act?

    • The J&K State Lands (Vesting of Ownership to the Occupants) Act, 2001 is popularly known as the Roshni Act.
    • It envisaged the transfer of ownership rights of state land to its occupants, subject to the payment of a cost, as determined by the government.
    • It set 1990 as the cutoff for encroachment on state land.
    • The government’s target was to earn Rs 25,000 crore by transferring 20 lakh kanals (one-eighth of an acre) of state land to existing occupants against payment at market rates.
    • The government said the revenue generated would be spent on commissioning hydroelectric power projects, hence the name “Roshni”.

    What is the recent controversy?

    • In October this year, the High Court held the Roshni Act as ‘unconstitutional’.
    • The court also directed the UT government to make public names of those who grabbed the land under the scheme.
    • Last week, the UT government began publishing the names of beneficiaries on its websites.
    • The first set of names included prominent politicians and their relatives, hotels, and a trust connected each to the dominant parties of the Gupkar declaration.

    A scam being busted

    • Investigations into the land transfers subsequently found that land in Gulmarg had been given over to ineligible beneficiaries.
    • However several government officials illegally possessed and vested ownership of state land to occupants who did not satisfy criteria under the Roshni Act.
    • A report by the CAG estimated that against the targeted Rs 25,000 crore, only Rs 76 crore had been realized from the transfer of land between 2007 and 2013, thus defeating the purpose.
    • The report blamed irregularities including arbitrary reduction in prices fixed by a standing committee, and said this was done to benefit politicians and affluent people.

  • UP Law against Forceful Inter-Faith Marriage and Conversions

    The UP Cabinet has cleared a draft ordinance against forceful inter-faith conversions for marriage, amid similar steps by other states.

    Try this question:

    Q. In a world where religiosity is rising, the contemporary liberal ideas seem outdated and incapable of handling dangerous issues of religious bigotry. Critically comment.

    What is the proposed UP law on ‘love jihad’?

    • The proposed law defines punishment and fine for three different cases.
    1. Conversion done though “misrepresentation, force, undue influence, coercion, allurement or by any fraudulent means” would face jail term of one to 5 years, and a minimum fine of Rs 15,000.
    2. Conversion of a minor, a woman from the SC or ST would have to face a jail term from three to 10 years, with a minimum fine of Rs 25,000.
    3. If such conversion is found at the mass level, then those guilty would face jail term from three to 10 years, with a minimum fine of Rs 50,000.
    • It proposes among other things that a marriage will be declared “shunya” (null and void) if the “sole intention” of the same is to “change a girl’s religion”.

    Who can convert and how can they do it under the proposed law?

    • Under the new proposed law, anyone wanting to convert into another religion would have to give it in writing to the District Magistrate at least two months in advance.
    • The government is supposed to prepare a format for the application and the individual has to fill the application for conversion in that format.
    • However, under the new law, it would be the responsibility of the one going for the religious conversion to prove that it is not taking place forcefully or with any fraudulent means.
    • In case, any violation is found under this provision, then one faces a jail term from 6 months to 3 years and fine of minimum Rs 10,000.

    Need for such law

    • The state of UP is witnessing rising incidents of forced religious conversions or conversions through fraudulent ways.
    • The extreme right wing politicians in the state were quiet vocal against alleged religious conversions.
    • There are cases of being allegedly lured and honey-trapped by men and those girls now seeking their help to free themselves.

    Interfaith marriages and the Constitution

    • The right to marry a person of one’s choice is a guarantee under Article 21.
    • At the same time, freedom of conscience, the practice and propagation of a religion of one’s choice, including not following any religion, are guaranteed under Article 25.
    • One set of rights cannot invalidate the other.

    What do critics say?

    • Such law to regulate matrimonial relationships between two consenting adults is simply against the constitutional guarantees.
    • The right to marry a person of one’s choice flows from the freedom of individuality, naturally available to any individual.
    • Hence, interfaith marriages and religious conversions should not be the matter of concern for social watchdogs.
    • Hence, the mere statement of two consenting adults about the existence of their matrimonial relation is sufficient.