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GS Paper: GS2

  • Issues over Kuwait Expat Bill

    A total of eight lakh Indians could be forced to leave Kuwait as it’s National Assembly committee has approved a draft expat quota bill seeking to reduce the number of foreign workers in the Gulf country.

    Do you know?

    India is the world’s top recipient of remittances with its diaspora sending a whopping $79 billion back home in 2018 a/c to the World Bank. It is followed by China (USD 67 billion), Mexico (USD 36 billion), the Philippines (USD 34 billion), and Egypt (USD 29 billion).

    What is the Expat Bill about?

    • Amid a slump in oil prices and the coronavirus pandemic, there has been a spike in anti-expat rhetoric as lawmakers and government officials call for reducing the number of foreigners in Kuwait.
    • According to the bill, Indians should not exceed 15% of the population.
    • The draft once turned to the law will impose a cap on the number of expats and gradually reduce them by almost 5% on a yearly basis.

    A demographic issue

    • Kuwait has a real problem in its population structure, in which 70% are expats.
    • The 1.3 million of the 3.35 million expats are either illiterate or can merely read and write.
    • Kuwait has also been working to reduce its dependence on foreign workers.

    A huge diaspora at stake

    • There are about 28,000 Indians working for the Kuwaiti Government in various jobs like nurses, engineers in national oil companies and a few as scientists.
    • The majority of Indians (5.23 lakh) are employed in private sectors. In addition, there are about 1.16 lakh dependents.
    • Out of these, there are about 60,000 Indian students studying in 23 Indian schools in the country.

    Impacts on Indians

    • The current population of Kuwait is 4.3 million, with Kuwaitis making up 1.3 million of the population, and expats accounting for 3 million.
    • This bill would result in 8,00,000 Indians leaving Kuwait, as the Indian community constitutes the largest expat community in the country, totalling 1.45 million.
    • As the MEA says, Indians are present in all segments of society in Kuwait and are largely considered disciplined, hardworking and law-abiding.
    • India has often in the past played up the role of the Indian community in Kuwait as an important factor in bilateral ties.

    Must read:

    India’s rising Forex Reserves

  • U.S. stance on CAATSA unchanged

    Recently India had planned for the purchase of Mig-19 fighter aircraft with Russia at an estimated Rs. 18,148 crore. The U.S has reacted to countries, including India, on sanctions for the purchase of Russian arms has not changed.

    Practice question for mains:

    Q.What is CAATSA law? Discuss how it will impact India’s ties with Russia.

    About CAATSA

    • CAATSA stands for Countering America’s Adversaries through Sanctions Act (CAATSA).
    • It is a US federal law that imposed sanctions on Iran, North Korea, and Russia.
    • The bill provides sanctions for activities concerning:

    (1) cybersecurity, (2) crude oil projects, (3) financial institutions, (4) corruption, (5) human rights abuses, (6) evasion of sanctions, (7) transactions with Russian defence or intelligence sectors, (8) export pipelines, (9) privatization of state-owned assets by government officials, and (10) arms transfers to Syria.

    A cause of worry

    • While the US has become its second-largest defence supplier, mainly of aircraft and artillery, India still relies heavily on Russian equipment, such as submarines and missiles that the US has been unwilling to provide.
    • Seventy per cent of Indian military hardware is Russian in origin.
    • India is set to receive the S-400 Triumf air defence system.

    Is India the only country facing CAATSA sanctions?

    • Notably, Russia is India’s major defence supplier for over 6 decades now, and Iran is India’s second-largest oil supplier.
    • By coincidence, CAATSA has now been invoked by the US twice already, and both times for countries buying the Triumf system from Russia.
    • In September 2018, the US announced sanctions for the procurement of the S-400 Triumf air defence system and Sukhoi S-35 fighter aircraft.
    • Washington expelled Turkey from the F-35 fighter jet programme in July this year after the first delivery of S-400s was received.
    • India is neither like China, which has an inimical relationship with the U.S., and hence not bound by its diktats, nor like Turkey which is a NATO ally of the US.

  • De-escalation begins on LAC

    Three weeks after the worst military clashes in decades, India and China have begun the process of disengagement at contentious locations along the Line of Actual Control (LAC).

    Must read:

    [Burning Issue] India-China Skirmish in Ladakh

    China is moving back

    • In the Galwan Valley, Chinese troops have shifted 2 kilometres from the site violent clashes while some tents had been removed by the PLA in the Finger 4 area of Pangong Tso.
    • India’s claim is till Finger 8 as per the alignment of the LAC.
    • Some rearward movement of vehicles was seen at the general area of Galwan, Hotsprings and Gogra.
    • Without giving the specific distances moved, the source said the pullback at each location would be confirmed after verification.

    Lessons learnt

    • The lesson for us in Doklam is that disengagement is not enough in order to declare an end to tensions at the LAC.
    • It is necessary that we define endpoints up to where the troops must withdraw to and no understanding should be reached without the restoration of status quo ante.
    • Endpoint variances reflect the potential for future troubles along the LAC.

  • Sakteng Wildlife Sanctuary

    In a bid to further its territorial ambitions, China has recently claimed the Sakteng wildlife sanctuary in Eastern Bhutan as its own territory.

    Practice question for mains:

    Q.What are the various fronts of Chinese imperial expansionism across the South Asian Region?

    About the Sakteng WLS

    • Sakteng is a wildlife sanctuary located mostly in Trashigang District and just crossing the border into Samdrup Jongkhar District, Bhutan.
    • It is one of the country’s protected areas.
    • It is listed as a tentative site in Bhutan’s Tentative List for UNESCO inclusion.

    Certain unresolved issues

    • The boundary between China and Bhutan has never been delimited.
    • There have been disputes over the eastern, central and western sectors for a long time.
    • China last month attempted to stop funding for the Sakteng sanctuary from the U.N. Development Programme’s Global Environment Facility (GEF) on the grounds that it was “disputed” territory.

    Reasons for the dispute

    • According to written records, there has been no mention of Eastern Bhutan, or Trashigang Dzongkhag (district), where Sakteng is based as per boundary negotiations held between the two countries between 1984 and 2016.
    • The negotiations have not been held since the Doklam standoff between Indian and Chinese troops in 2017.
    • Bhutan has always maintained a discreet silence on its boundary negotiations with China, and it does not have any formal diplomatic relations with Beijing.

  • Indo-Pacific region

    As India tries to diffuse the tension along the disputed northern border with China, it must focus on the other potential fronts that China could open. India Ocean could be the next one. This article examines the centrality of the Indian Ocean for China and their approach to the region.

    India’s Indo-Pacific vision

    • This vision is based on our historical associations with this region.
    • This vision also acknowledges the importance of the Indian Ocean in building prosperity in this century.
    • So, the key points of this vision are thus-
    • 1) Inclusiveness, openness and ASEAN centrality and unity.
    • 2) India does not see the Indo-Pacific Region as a strategy or as a club of limited members.
    • 3) It is not directed against any country.

    China should have equal access

    • China is not a littoral state in the Indian Ocean.
    • Historically, Chinese naval activity was limited to the East China Sea, the Bohai Sea, the Yellow Sea, and the South China Sea.
    •  In today’s context, China is the second-largest economy and the world’s largest trading nation.
    • The sea-lanes of communication in the Indian Ocean are vital to her economy and security.
    • Under international law, China should have equal access to the Indian ocean.

    China’s “Malacca Dilemma”

    • China thinks that others would block the Malacca Straits to “contain” the Chinese.
    • So, China has strategized to dominate not just the Malacca Straits, but the ocean beyond it.
    • The PLA Navy (PLAN) made its first operational deployment in the Gulf of Aden in 2008.
    • In 2009 China planned for overseas base or facility.
    • In 2010 a China State Oceanic Administration report alluded to plans to build aircraft carriers.

    BRI: Overcoming the deficiencies China face in India Ocean

    • The US hegemony and India’s regional influence in the Indian Ocean are thought of as a challenge to China.
    • So, China focused on 3 inherent deficiencies that they wanted to overcome.
    • (a) China is not a littoral state.
    • (b) Its passage through key maritime straits could be easily blocked.
    • (c) The possibility of US-India cooperation against China.
    • How to overcome these deficiencies?
    • (1) carefully selecting sites to build ports — Djibouti, Gwadar, Hambantota, Sittwe and Seychelles.
    • (2) By conducting activities in a low-key manner to “reduce the military colour as much as possible”.
    • (3) By not unnerving India and America by cooperating at first, then slowly penetrating into the Indian Ocean, beginning with detailed maritime surveys, ocean mapping, HADR, port construction and so on.

     China acting on the plans

    • The PLA’s new base in Djibouti is the prototype for more “logistics” facilities to come.
    • More port construction projects like Gwadar and Hambantota, are being offered to vulnerable countries.
    • These projects are commercially unviable but have military possibilities,
    • Chinese “civilian” vessels routinely conduct surveys in the EEZ of littoral states.
    • In January 2020 the PLA Navy conducted tripartite naval exercises with Russia and Iran in the Arabian Sea.
    • They have the largest warship building programme in the world.

    Consider the question “What constitutes India’s Indo-Pacific vision? Elaborate on the factors that explain China’s reluctance to subscribe to this vision.”

    Conclusion

    The idea of Indo-Pacific might potentially derail the carefully crafted Chinese plan. So, they now wish to cause alarm by raising fears about Great Power “strategic collision” caused by the so-called American-led “containment” strategy. It is important to look past their propaganda.

  • Italian Marines case judgement could set a dangerous precedent

    The tribunal’s judgement in the Italian marines case was in Italy’s favour. But the basis used in the judgement could set a wrong precedent. India also ensures a fair trial against the marines in Italy. So, what would be the wrong precedent and why would be trial against marines will continue in Italy? Read to know…

    Background

    • On February 15, 2012 two Italian marines were held for killing two Indian fishermen
    • Fishermen were in India’s Contiguous Zone, 20.5 nautical miles off the Kerala coast.
    • And the marines were part of a security contingent on the Enrica Lexie, an Italian commercial oil tanker.

    What is said in the judgement

    • The tribunal was established by the International Tribunal for the Law of the Sea (ITLOS).
    • ITLOS was under the provisions of the United Nations Convention on the Law of the Sea (UNCLOS).
    • Only the operative portion of the tribunal’s award is available till now.
    • It held that the marines were entitled to immunity in relation to the acts that they committed.
    • The tribunal also said that India is precluded from exercising its jurisdiction over the Marines.
    • However, the tribunal found that by firing on the fishermen Italy was guilty of “violating India’s freedom and right of navigation”.
    • The tribunal majority agreed with the Italian plea that the marines had immunity for they were state officials.

    The judgement could set the wrong precedent

    • India’s stand was that UNCLOS is not concerned with issues relating to immunity.
    • Immunity of state officials has to be governed by specific multilateral or bilateral treaties or agreements.
    • It should not be invoked to settle issues of jurisdiction.
    • Even if Italian marines are considered as state officials, they were serving on a commercial vessel.
    • Italy did so unilaterally without the cover of any multilateral or bilateral arrangement.
    • There is no convention that such persons as the marines in such cases are immune from local criminal jurisdiction.
    • Only heads of states, heads of governments and foreign ministers customarily enjoy immunity abroad apart from accredited diplomats who are covered by the
    • Countries may now enact specific laws to give immunity to their military and para-military personnel and others by declaring them state official.
    •  This can lead to an increase in tensions generally and especially between inimical states.

    What should be the next course of action for India

    • Indian government should ensure that Italy is made to pay fully for the loss of life and the suffering it has caused in this matter.
    • The government should also ensure that it closely monitors the case proceedings in the Italian court against two marines.
    • This is also a time for the executive and judicial branches of the Indian state to introspect on how they handled the whole affair politically, diplomatically and legally.

    Consider the question “The judgement of the International Tribunal for the Law of the Sea in Italian marines case was based on the immunity of state officials. What could be the implication of invoking immunity of state official in this judgement? What should be the next course of action for India?”

    Conclusion

    As a good international citizen, India has accepted the tribunal’s award. Now it must ensure that Italy fully honours it. The matter remains open.

  • Ladakh and its Geo-strategic Importance

    With the long-standing border standoff with China, Ladakh, a rugged, high-altitude region that is generally far removed from the lives and imagination of most Indians, has become part of our daily conversations and worries.

    Let’s have a look at a short primer on the region, its history, and some of the places where Indian soldiers are locked in conflict with the Chinese army. Try remembering its geographical features.

    Ladakh through the History

    • Lying between the Kunlun mountain range in the north and Himalayas to the south, Ladakh was originally inhabited by people of Indo-Aryan and Tibetan descent.
    • Historically the region included the valleys of Baltistan, Indus, and Nubra, besides Zanskar, Lahaul and Spiti, Aksai Chin, Ngari and Rudok.
    • Located at the crossroads of important trade routes since ancient times, Ladakh has always enjoyed great geostrategic importance.
    • At the beginning of the first century AD, Ladakh was part of the Kushan Empire. Till the 15th century, it was part of Tibet and was ruled by dynasties of local Lamas.
    • Later it changed hands multiple times, alternating between the kingdoms of Kashmir and Zhangzhung.
    • In 1834, Gen Zorawar Singh, a general of Raja Gulab Singh who ruled Jammu as part of the Sikh empire, extended the boundaries of Maharaja Ranjit Singh’s kingdom to Ladakh.

    Partition, Pakistan and Chinese occupations

    Immediately after India’s Partition, tribal raiders (the disguised Pakistani Army) attacked Ladakh. They captured Kargil and were heading for Leh when they were confronted by the Indian Army, who got back Kargil.

    • Although India has always considered Aksai Chin to be part of Jammu and Kashmir, in the 1950s the Chinese built a highway, called western highway or NH219, connecting Tibet with Xinjiang through this region.
    • It was always more easily accessible to the Chinese than to the Indians, who were across the Karakoram.
    • India learnt of this road in 1957, and it was one of the causes of the 1962 India-China war, after which China strengthened its control over this region.
    • China today claims Aksai Chin to be part of Hotan County of its Xinjiang province.
    • Pakistan ceded the Shaksgam Valley, which was part of the Baltistan region north of the Karakoram, to China following a Sino-Pakistani agreement signed on March 2, 1963.

    Ladakh through the Chinese eyes

    • China’s forays into the region began after the 1949 Communist Revolution, when Chairman Mao Zedong, a veteran of guerrilla warfare, began consolidating China’s periphery as part of his expansionist designs.
    • The PLA occupied Tibet in 1951 and then began to eye Ladakh.
    • The reason was that the road connecting Kashgar in Xinjiang to Lhasa in Tibet had to pass through Aksai Chin, which was held by Indians but was seldom patrolled by them.

    Galwan Valley in the limelight

    • The Tibetan revolt of 1959 and the Dalai Lama’s flight to India saw China further strengthening its military presence in Ladakh to ensure the security of NH 219.
    • India reacted with its ‘forward policy’ as part of which it began setting up Army posts in the region to prevent Chinese expansion.
    • This resulted in the initial clash between the Indian and Chinese forces in the Kongka Pass area in 1959.
    • Later, Galwan Valley became the scene of action when the Indian Army established a post to cut off the Chinese post in the Samjunjling area, marking the beginning of the 1962 war.

    Pangong Tso: The contested lake

    • In the latest face-off, Indian troops first spied the Chinese on the banks of Pangong Tso.
    • This lake, which is one-third in India and two-thirds in China, is of great tactical significance to the Chinese who have built infrastructure along both its sides to ensure the speedy build-up of troops.
    • Chinese incursions in this region aim at shifting the LAC westward so that they are able to occupy important heights both on the north and the south of the lake, which will enable them to dominate the Chushul Bowl.
    • The narrow Chushul valley, which lies on the road to Leh with Pangong Tso to its north, was an important target for the Chinese even during the 1962 war. It was here that the Battle of Chushul was fought.

    Strategic SSN: To the far north

    • The area spanning Galwan, Depsang plateau, and Daulat Beg Oldie (DBO), is called Sub-Sector North (SSN).
    • This enclave that lies to the east of the Siachen glacier is of immense significance given its proximity to the Karakoram Pass, close to China’s western highway or NH 219 going to Aksai Chin.
    • It’s the SSN that provides land access to Central Asia through the Karakoram Pass.
    • Domination of this area is also crucial for the protection of the Siachen glacier, lying between the Saltoro ridge on the Pakistani side and the Saser ridge close to the Chinese claim line.
    • The Galwan heights overlook the all-weather Durbuk-Shyok-Daulat Beg Oldie (DSDBO) Road, which connects Leh to DBO at the base of the Karakoram Pass that separates China’s Xinjiang Region from Ladakh.
    • Domination over these heights allows China to easily interdict this road.

    Why is China stubborn on Galwan?

    • Occupation of Galwan will neutralize the tactical advantage India gained by building the all-weather Durbuk-DBO road over the last two decades.
    • Last year, the Border Road Organisation (BRO) made this rugged terrain even more accessible by completing the 430-metre-long bridge across the Shyok River.
    • With this, the Darbuk route to DBO became available round the year, and the travel time of troops to the SSN was halved.
    • It was this bridge, coupled with the ongoing work on a link road to LAC in this area, prompted the PLA to enter Galwan.

  • 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.