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GS Paper: GS2

  • Prerak Dauur Samman

    The Ministry of Housing & Urban Affairs (MoHUA) announced a new category of awards titled ‘Prerak Dauur Samman’ as part of Swachh Survekshan 2021.

    Try this question:

    Q. The Prerak Dauur Samman recently seen in news is related to:

    a) Swachh Bharat b) Literature c) Health Services d) Visual Arts

    Prerak Dauur Samman

    • The Prerak Dauur Samman has a total of five additional subcategories -Divya (Platinum), Anupam (Gold), Ujjwal (Silver), Udit (Bronze), Aarohi (Aspiring) – with top three cities being recognized in each.
    • In a departure from the present criteria of evaluating cities on ‘population category’, this new category will categorize cities on the basis of six select indicator wise performance criteria which are as follows:

    1) Segregation of waste into Wet, Dry and Hazard categories

    2) Processing capacity against wet waste generated

    3) Processing and recycling of wet and dry waste

    4) Construction & Demolition (C&D) waste processing

    5) Percentage of waste going to landfills

    6) Sanitation status of cities

  • Making justice accessible through live streaming

    Livestreaming of the judicial proceeding goes a long way in increasing the access of justice which is granted under Article 21. This article examines the evolution in judiciary and making justice accessible.

    Judiciary adapting to changes

    •  As the lockdown began, the Court had to quickly find the technology and create protocols for virtual courts and e-hearings.
    • Before this, there was an open courtroom that the public could access.
    • This protected the right to access justice, guaranteed under Article 21 of the Constitution.

    Access to justice without physical classroom

    • Now that the Court is proactively adopting technology, it must expand the right of access to justice by live-streaming proceedings.
    • Further, court proceedings must also be documented and preserved for future generations.
    • Both audio-visual recordings and transcripts of oral arguments should be maintained for this purpose.

    Evolution of access to court

    • The Supreme Court maintained no public record of its own proceedings in the past.
    • Nor were its proceedings broadcast live for public viewing.
    • Over time, security concerns meant that the public could only enter courtrooms in the SC with a pass.
    • Due to space constraints, law students were not permitted to enter courtrooms on Mondays and Fridays when the Court heard fresh matters.

    A case that led to live broadcast of the proceedings

    • In its 2018 judgment in Swapnil Tripathi v Supreme Court of India, the Court recommended that proceedings be broadcast live.
    • The SC held that live streaming proceedings is part of the right to access justice under Article 21 of the Constitution.
    •  Justice DY Chandrachud noted that open courts help foster public confidence in the judiciary.
    • Further, publishing court proceedings is an aspect of Article 129, per which the Supreme Court is a court of record.
    • Journalists, young lawyers, civil society activists and academics would all benefit from live streaming, the Court opined.
    • The guidelines proposed live-streaming cases of constitutional and national importance as a pilot project including Constitution Bench cases.
    • Matrimonial cases and those involving national security could be excluded.

    Recording the proceedings- Examples

    • Internationally constitutional court proceedings are recorded in some form or the other.
    • In Australia, proceedings are recorded and posted on the high court’s website.
    • Proceedings of the Supreme Courts of Brazil, Canada, England and Germany are broadcast live.
    • The Supreme Court of the US does not permit video recording, but oral arguments are recorded, transcribed, and available publicly.
    • Democracies aside, in China, court proceedings are live streamed from trial courts up to the Supreme People’s Court of China.

    India stands alone

    • India stands alone amongst leading constitutional democracies in not maintaining audio or video recordings or even a transcript of court proceedings.
    • Court hearings can be turning points in the life of a nation: ADM Jabalpur comes readily to mind.
    • More recently, there are a number of cases where the Supreme Court’s judgments have changed citizens’ lives — Aadhaar, Section 377, Sabarimala, NRC and the triple talaq judgments are among them.

    Steps to make justice accessible

    • The Court started providing vernacular translations of its judgments.
    • Non-accredited journalists were permitted to live-tweet court proceedings.
    • During the lockdown, journalists have been permitted to view virtual court proceedings in real time.
    • If that technology is available, it could be extended to members of the public, who can then view court proceedings themselves.
    • Due to pandemic for the next few years, Indian courts will have to adopt a combination of virtual and in-person hearings.

    Consider the question “Live-streaming and recordings of the court proceeding helps in reinforcing the public faith in the judiciary. Comment.”

    Conclusion

    Openness and transparency reinforce the public’s faith in the judicial system. Livestreaming and recording of the proceeding will open the door to ensure the same.

  • In an uncertain world a seat at the UNSC

    As a non-permanent member of the UNSC for the next two years, India will have to navigate through a tumultuous world. Anti-terrorism will be top priority for India.

    India at UNSC

    • India will be back in the United Nations Security Council for a two-year term beginning January 1, 2021.
    • Two-year term will be a critical time in the history of the UN.
    • It is hoped that by then COVID-19 will have subsided, a U.S. President will have been elected.
    • And the contours of a new world order may have emerged.

    How elections take place

    • The basic contest for the non-permanent seats takes place in the respective regional groups and their sub-groups.
    • Voting in the General Assembly is to fulfil the requirement of countries having to secure a two-thirds majority of the member states.
    • But regional endorsement is becoming difficult.
    • Last time, it was Kazakhstan which vacated the place for India.
    • This time, it was Afghanistan. India could not have got the endorsement without such gestures from friendly countries.

    What will be India’s priorities as a member of UNSC

    • India will continue to provide leadership and a new orientation for a reformed multilateral system.
    • How far the UN will be able to reform itself in the new situation remains uncertain.
    • The UN did not succeed in either defining terrorism or in adopting the Comprehensive Convention on International Terrorism.
    • Counter-terrorism will be one of the highest priorities for India at the UNSC.

    Permanent member of India issue

    • India’s election as a non-permanent member has understandably ignited the hope that its quest for permanent membership.
    • Nothing is farther from the truth.
    • Seeking to amend the Charter to add new permanent members is difficult task.
    • None of the proposals has the possibility of securing two-thirds majority of the General Assembly and the votes of the five permanent members.
    • A majority of the UN members are against the privileges of the permanent members, particularly the veto.
    • India’s performance in the Council will not lead to its elevation to permanent membership as the opposition to any expansion is not India-specific.

    Role of India as non-permanent member

    • The non-permanent members have a collective veto over every resolution in the Council.
    • As a part of collective veto, India will have a higher profile at the UN for the next two years
    • Permanent members can prevent the adoption of resolutions by themselves through veto.
    • But they need at least nine votes to get a resolution passed.
    • India will also have a rare peep into the consultations chamber of the UNSC, which is closed to non-members of the Council.
    • India will get involved in many issues in which it may not have any direct interest.
    • Since India does not have a veto, it shall have to proceed cautiously not to offend anyone.

    Consider the question “India has been chosen as the non-permanent member of the UNSC and will be there at the critical time in the history of the UNSC. What should be India’s priority and approach as a member of the UNSC?”

    Conclusion

    India’s mission in New York has earned a reputation that it is next only to the permanent members in influence. But whether it will be able to deal with traditional challenges in novel ways will depend on the turns and twists in an uncertain world.

  • What are Containment Zones?

    In the current pandemic, all interventions are primarily geared towards reducing people-to-people contact, and thus breaking the chain of transmission to the extent possible. The demarcation of containment zones, which works at a more micro level, is likely to remain as long as the disease is spreading.

    Practice question for mains:

    Q.Discuss how the preemptive lockdowns imposed during earlier phases of coronavirus pandemic has led to reduced casualties in India.

    What are Containment Zones?

    • The lockdown, implemented in five phases, worked at the national level, while the classification of red, orange and green districts operated at the state and inter-district levels.
    • Demarcation of containment zones is done within a town, village, or municipal or panchayat area.
    • Neighbourhoods, colonies, or housing societies where infected people live are sealed, and access is restricted.
    • Containment zones are where the restrictions on movement and interaction are the most severe.
    • In many cities, the entire demarcated area is barricaded and the entry and exit points closed. Only the very basic supplies and services are allowed inside.

    Who defines the containment zones?

    • It is the district, town or panchayat authorities that decide which areas have to be marked as containment zones, how large they would be, and what kind of restrictions would apply.
    • The rules for the national lockdown, for example, were set by the central government, while the state governments decided what restrictions to impose on districts.
    • The district administration, Municipal Corporation or panchayat bodies exercise a great deal of discretion in the demarcation of containment zones.
    • The definition and time period vary and are continuously reviewed and updated.

    How are they demarcated?

    • The parameters used are similar, but the exact criteria applied to vary, and usually depends on local conditions. These have also evolved with time, and are under constant review.
    • In general, containment zones are getting smaller with time as the number of cases is increasing — from entire localities to colonies or neighbourhood, to streets and lanes, to particular buildings, and now just particular floors.
    • As of now, in Delhi, a containment zone is declared if three or more infections are detected.
    • The perimeter of the containment zone is also different in different cities.

  • Timbuktu: The faraway land

    Timbuktu is a western African city whose name is a metaphor for a place too exotic and remote to even imagine, now is in the grasp of Covid-19.

    Try this question from CSP 2018:

    Q.Very recently, in which of the following countries have lakhs of people either suffered from severe famine/acute malnutrition or died due to starvation caused by war/ethnic conflicts?

    (a) Angola and Zambia

    (b) Morocco and Tunisia

    (c) Venezuela and Colombia

    (d) Yemen and South Sudan

    Timbuktu

    • Timbuktu is a city in Mali, situated 20 km north of the Niger River.
    • The mystique of Timbuktu owes a lot to its inaccessibility, which continues even today.
    • It is located on the southern tip of the Sahara desert where there is nothing but thousands of miles of barren desert to its north.
    • It was a regional trade centre in medieval times, where caravans met to exchange salt from the Sahara Desert for gold, ivory, and slaves from the Sahel, which could be reached via the nearby Niger River.

  • Role played by judiciary in curbing police violence

    Judiciary has played a significant role in tackling the problems of police violence. Yet, we come across some incident of violence intermittently. So, what went wrong? And what needs to be done? These issues are addressed in this article. 

    Role played by judiciary

    • Supreme Court’s interventioned against police violence came through in cases such as Joginder Kumar v. State of UP [1994] and D.K. Basu v. State of West Bengal [1997].
    • In these cases, guidelines to secure 2 rights – a right to life and a right to know – in the context of any state action were issued.
    • Through these guidelines, the Court sought to curb the power of arrest.
    • It also ensured that an accused person is made aware of all critical information regarding the arrest.
    • Information of arrest also has to be conveyed to friends and family immediately in the event of being taken in custody.
    • It took a decade, and in the form of amendments, as the Code of Criminal Procedure (Amendment) Act, 2008 to give statutory backing to these judicial guidelines.
    • It remains part of the law today.

    Significance of Prakash Singh Case

    • The Supreme Court went even further in the case, Prakash Singh v. Union of India [2006].
    • In this case, it pushed through new legislation for governing police forces to be passed by States across India.
    • A key component of the new legislation was a robust setup for accountability that contemplated a grievance redress mechanism.
    • However, several States are yet to legislate on the matter and remain in contempt of the Supreme Court’s judgment.

    Scientific investigation

    • Judiciary has supported techniques such as narcoanalysis, ensuring video recording of investigations, passing orders for installing closed-circuit television cameras inside police stations.
    • Through technology, one can hope to reduce the need for interacting with the body as a source of evidence.
    • But how often police employ physicality to obtain evidence will remain the deciding factor.

    Impeding issues

    • Despite all this, there are reports suggesting that across India there are as many as five custodial deaths a day.
    • Presence of continued institutional apathy towards the issue of police reform.
    • Judiciary’s approach of simply passing directions and guidelines, has proven to be a failure.
    • It is the ordinary magistrate, and not the constitutional court, who is the judicial actor wielding real power to realise substantial change in police practices. Hence, poor change.
    • There is a gap between the highest court and the lowly police officer in India.
    • Studies show despite criminal laws being struck down as unconstitutional, they continue to be enforced in various parts of the country by local police.

    What can be done?

    • Constitutional courts could reorient their guidelines to try and change the practices of magistrates.
    • It is the local magistrate before whom all arrested and detained persons must be produced within 24 hours.
    • Thus, magistrate becomes the point of first contact for a citizen with the constitutional rule of law.
    • The overworked magistrate, struggling with an ever-exploding docket, is very often in a rush to get done with the remand case.
    • This need to change with more involvement of Constitutional courts.

    Consider the question “Custodial torture is an anathema to democracy. Examine the issues related to custodial torture and how is it against the basic fundamental rights? What steps should be taken to prevent such acts by the police functionaries?”

    Conclusion

    The repeated instances of custodial deaths and tortures point to the inadequacies of the legal framework and lack of implementation. So, there is an urgent need for plugging the loopholes and some changes in approach.

  • Crisis facing the global order

    The corona crisis has laid bare the fissures in the global order. This article examines the four issues that are principal global challenges. Pandemic has accentuated these challenges.

    Principal global challenges

    • 1) Geopolitical tensions 2) Climate crisis. 3) Global mistrust. 4) The dark side of the digital world —  are four issues which U.N. Secretary-General Guterres listed as primary threats.
    • The four challenges have, for now, been overshadowed by the corona pandemic crisis.

    1.Climate change challenge

    • The drop in emissions in 2020 is projected to be about 8 per cent down on last year.
    • This drop will just put us on track to where we should be if we are to reach the Paris agreement goal of limiting warming to 1.5 C.
    • The threat of climate change, although raising its head again, has been constrained.

    2.Digital space and its dark side

    • Cyberspace has been a digital saviour during the corona crisis.
    • Virtual communications enhanced through various services, new apps, expanded coverage has been key to enhanced virtual lives for millions by increase of the avenues for working from home, video chat connectivity and online delivery of goods.
    • Companies that have deftly used cyberspace have prospered the most: Amazons net capital gain has been over $400 billion in 2020.
    • However, a surge in cybercrime and cyber fraud is anticipated, if not there already.
    • The logic being that cyberspace use has expanded without commensurate growth in security features.
    • Thee are dire projections of an impending “cyber Pearl Harbour”.

    3.Geopolitical tensions

    • Accentuation of geopolitical tensions during the corona crisis is well-documented.
    • The US-China relationship was already deteriorating, the blame game over the virus has exacerbated it.
    • The brazen behaviour of China in matters relating to Taiwan, Hong Kong, Australia, South China Sea and the India-China border has added to the inflammable state of geopolitics.
    • Rarely has the world seen such paucity of international cooperation since World War II.
    • The unravelling of the international institutions and partnerships that have been built since World War II is stark.

    4.Trust deficit among states

    • Trust amongst states has plummeted to its worst since World War II.
    • When faced with corona crisis shortages, almost all EU states responded at the national level.
    • Globally, at one time, more than 70 per cent of the world’s ports of entry — air, sea and land — restricted travel.
    • According to a Global Trade Alert study, nearly 90 governments blocked the export of medical supplies while 29 restricted food exports.

    Efficiency to self-sufficiency

    • Lack of trust is also impacting diversified supply chains.
    • The corona crisis is driving a shift from efficiency to self-sufficiency.
    • Japan is paying companies to relocate factories from China.
    • President Emmanuel Macron has pledged “full independence” for France in crucial medical supplies by year-end.
    • Prime Minister Modi has called for self-reliance and being vocal for local in India.
    • In the US, support for “Buy American” benchmarks for government health spending has growing bipartisan support.

    India’s role

    •  Challenges that transcend borders are of cardinal importance to India’s well being.
    • It is, therefore, time to conceptualise, in concrete terms, pathways to address them.
    • This will need to include our envisaging the new order and India’s own role in it as well as who our partners in this venture are to be.
    • Others are already working on their game plans.

    Consider the question “The cracks in the global order were apparent but the pandemic has accentuated the challenges to the global order. In light of this, examine the challenges to global order is facing the role that India should play.”

    Conclusion

    If India wants to be “rule shapers” rather than being “rule takers”, then we need to start working in partnership at blueprints for change. It is never too early to plan for the future

  • West Bank Annexation Plan

    Israeli PM Benjamin Netanyahu confirmed that the Israeli leader’s plan to annex parts of the occupied West Bank would not start on the original target date as the British PM made an extraordinary appeal to Israel to call off the plan.

    The strategic location of Gaza strip, West Bank, Dead Sea etc. creates a hotspot for a possible map based prelims question. 

    Consider this PYQ from 2015 CSP:

    Q. The area known as ‘Golan Heights’ sometimes appears in the news in the context of the events related to:

    a) Central Asia
    b) Middle East
    c) South-East Asia
    d) Central Africa

    Must read:

    [Burning Issue] West Asia Peace Plan

    Where is West Bank Located?

    • The West Bank is located to the west of the Jordan River.
    • It is a patch of land about one and a half times the size of Goa, was captured by Jordan after the 1948 Arab-Israeli War.
    • Israel snatched it back during the Six-Day War of 1967 and has occupied it ever since.
    • It is a landlocked territory, bordered by Jordan to the east and Israel to the south, west, and north.
    • Following the Oslo Accords between the Israeli government and the Palestine Liberation Organization (PLO) during the 1990s, part of the West Bank came under the control of the Palestinian Authority.
    • With varying levels of autonomy, the Palestinian Authority controls close to 40 per cent of West Bank today, while the rest is controlled by Israel.

  • United Nations Convention Against Torture (UNCAT)

    The alleged torture and custodial killing of TN father and son by police last week pointed towards a broken criminal justice system and highlighted the need for police reforms and the ratification of the United Nations Convention Against Torture (UNCAT).

    Practice question for mains:

    Q.There is an urgent need for reforming the criminal justice system in India in light of rising cases of custodial torture and killings. Comment.

    United Nations Convention Against Torture (UNCAT)

    • The UNCAT is an international human rights treaty, under the review of the UN and was adopted in 1984.
    • It aims to prevent torture and other acts of cruel, inhuman, or degrading treatment or punishment around the world.
    • The convention requires states to take effective measures to prevent torture in any territory under their jurisdiction and forbids states to transport people to any country where there is reason to believe they will be tortured.
    • Since the convention’s entry into force, the absolute prohibition against torture and other acts of cruel, inhuman, or degrading treatment or punishment has become accepted as a principle of customary international law.

    The Committee against Torture (CAT)

    • It is a body of human rights experts that monitors implementation of the Convention by State parties.
    • The Committee is one of eight UN-linked human rights treaty bodies.
    • All state parties are obliged under the Convention to submit regular reports to the CAT on how rights are being implemented.
    • Upon ratifying the Convention, states must submit a report within one year, after which they are obliged to report every four years.
    • The Committee examines each report and addresses its concerns and recommendations to the State party in the form of “concluding observations.”
    • Under certain circumstances, the CAT may consider complaints or communications from individuals claiming that their rights under the Convention have been violated.

    Optional Protocol to CAT

    • The Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT) was adopted by the General Assembly on 18 December 2002.
    • It provides for the establishment of a system of regular visits undertaken by independent international and national bodies to places where people are deprived of their liberty, in order to prevent torture and other cruel, inhuman or degrading treatment or punishment.

    India needs to ratify UNCAT

    • India signed the convention in 1997 but it remains among a handful of countries including Pakistan and China which are yet to ratify the convention.
    • India is in the company of 25 other nations which have not ratified.
    • The National Human Rights Commission had said custodial violence and torture are already “rampant” in the country.
    • About 1,731 people had died in custody in 2019 a/c to NHRC report.

  • Reviving SAARC

    To counter a hegemon, showing a united front helps. Drawing on this maxim, India has to work on improving its standing in the region. And reviving SAARC could be a right step in this direction. So, why SAARC is in hibernation in the first place? Where India could start? Read to know…

    China challenging India’s interests in the region

    • China, as part of its global expansionism, is chipping away at India’s interests in South Asia.
    • China’s proximity to Pakistan is well known.
    • Nepal is moving closer to China for ideational and material reasons.
    • China is wooing Bangladesh by offering tariff exemption to 97% of Bangladeshi products.
    • China has intensified its ties with Sri Lanka through massive investments.
    • According to a Brookings India study, most South Asian nations are now largely dependent on China for imports despite geographical proximity to India.

    SAARC-Caught in India-Pakistan rivalry

    •  India’s strategic dealing with China has to begin with South Asia.
    • In this regard, it is important to reinvigorate SAARC, which has been in the doldrums since 2014.
    • In the last few years, due to increasing animosity with Pakistan, India’s political interest in SAARC dipped significantly.
    • India has been trying hard to isolate Pakistan internationally for its role in promoting terrorism in India.

    BIMSTEC cannot be an alternative to SAARC

    • India started investing in other regional instruments, such as BIMSTEC, as an alternative to SAARC.
    • However, BIMSTEC cannot replace SAARC for reasons such as lack of a common identity and history among all BIMSTEC members.
    • BIMSTEC’s focus is on the Bay of Bengal region, thus making it an inappropriate forum to engage all South Asian nations.

    Economic integration-way to revive SAARC

    • One way to infuse life in SAARC is to revive the process of South Asian economic integration.
    • South Asia is one of the least integrated regions in the world.
    • Intra-regional trade is at barely 5% of total South Asian trade
    • Intra-regional trade is 25% of intra-regional trade in the ASEAN region.
    • The lack of political will and trust deficit has prevented any meaningful movement.
    • According to the World Bank, trade in South Asia stands at $23 billion of an estimated value of $67 billion.
    • India should take the lead and work with its neighbours to slash the tariff and non-tariff barriers.
    • There’s a need to resuscitate the negotiations on a SAARC investment treaty, pending since 2007.
    • According to the UNCTAD intra-ASEAN investments constitute around 19% of the total investments in the region.
    • The SAARC region can likewise benefit from higher intra-SAARC investment flows.
    • Deeper regional economic integration will create greater interdependence with India acquiring the central role.
    • Which, in turn, would serve India’s strategic interests too.

    Two domestic challenges

    • 1) There has been an unrelenting top-dressing of anti-Pakistan rhetoric and Islamophobia on the Indian soil.
    • There’s also a recurrent use of the ‘Bangladeshi migrant’ rhetoric.
    • It dents India’s soft power of being a liberal and secular democracy, which gives moral legitimacy to India’s leadership in the region.
    • This divisive domestic politics fuels an anti-India sentiment in India’s neighbourhood.
    • 2) The economic vision of the government remains convoluted.
    • It’s unclear what the slogans of atma nirbharta (self-reliance) and ‘vocal for local’ mean.
    • If this marks sliding back to protectionism, one is unsure if India will be interested in deepening South Asian economic integration.

    Consider the question “Examine the issues that hinder the SAARC from realising its full potential as a regional grouping.”

    Conclusion

    Prime Minister did well by reaching out to SAARC leaders earlier this year, but such flash in the pan moments won’t help without sustained engagement.