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GS Paper: GS2

  • [pib] Mutual Legal Assistance

    In furtherance to India’s policy of zero tolerance for crime and in an endeavor to fast track the dispensation of justice, the Ministry of Home Affairs (MHA) has issued Revised Guidelines for Mutual Legal Assistance in Criminal Matters.

    Mutual Legal Assistance guidelines

    • They aim to enhance and streamline the process of international mutual legal assistance in criminal matters.
    • By incorporating various legal and technological developments in the recent years, it aims to make the documentation in this regard more precise and focused as well as compliant with International requirements.
    • The guidelines have also taken into account the concerns raised by various courts for prompt and timely responses in service of documents on persons residing abroad.
    • As an initiative, the revised guidelines have provision for service of documents on authorities of foreign country preferably within 10 days of receipt of request in respect of offences committed against women and children.

    Why need Mutual Legal Assistance?

    • The transnational nature of crime and digital explosion has blurred geographical boundaries for criminal activities.
    • Availability of evidence and criminals outside the sovereign jurisdiction of countries has necessitated the transformation of scope and nature of conventional investigation.

    MLA treaties

    • India has entered into Mutual Legal Assistance Treaties/ Agreements with 42 countries and is signatory to various international conventions i.e. UNCAC, UNTOC etc.
    • The Ministry of Home Affairs (MHA) is the designated ‘Central Authority’ for India. Generally, assistance is sought and received in the form of Mutual Legal Assistance Requests/Letters.

  • [op-ed snap] Amidst a tragedy, an opportunity

    Context

    The raging fire in Australia gives provides an opportunity for India and Australia to deepen their dialogue including on energy.

    Scope for the two countries

    • At this moment India and Australia have a rare opportunity to translate their converging interests into a partnership.
    • At Australia India Leadership Dialogue last month in Melbourne, the breadth and depth of the relationship was evident.
    • As a consequence of the bushfires, the debate on global warming, climate change and fossil fuels is going to intensify in the weeks ahead.
    • Environmental activism has gained ground throughout Australia.
    • Indian Ocean Dipole may have triggered the drought that is related to the fires.
    • The campaign against fossil fuels and the export of coal is sure to intensify.
    • India and Australia are two economies with a great stakeholding in fossil fuels.
    • It is critical for India and Australia to ensure that their dialogue on energy acquires momentum.
    • Both countries must simultaneously strengthen the International Solar Alliance and the search for other alternative green fuels.

    Common threat of China

    • Leadership Dialogue also recognised that we are living through a period of immense turbulence, disruption, and even subversion.
    • Presence of assertive China is the single biggest challenge to our two countries.
    • In India, there is a consensus that the Australia-India relationship is an idea whose time has well and truly come.

    Area of coordination

    • India and Australia can work on the area of water management to trauma research to skill and higher education.
    • Both the countries can also work in the area of maritime security, cybersecurity, counterterrorism,
    • In a survey, Indians ranked Australia in the top four nations towards which they feel most warmly.
    • Both have a strategic interest in ensuring a free, open, inclusive and rules-based Indo-Pacific region.
    • Indians are today the largest source of skilled migrants in Australia.
    • there is need for an early conclusion of a bilateral Free Trade Agreement.

     Conclusion

    There is a large scope for both countries to coordinate on wide issues like energy, research, security and work together for the benefit of both countries.

     

     

  • [op-ed snap] Children of lesser gods

    Context

    The deaths of nearly 200 children in Kota, from largely preventable diseases, lays bare the condition of the healthcare system in India.

    Where does India stand?

    • According to UNICEF’s ‘State of World’s Children 2019’ report, India reported the maximum number of deaths of children under five in the world in 2018.
    • 8,82,000 children under five died that year.
    • That means around 2,416 deaths per day.
    • The death of children due to largely-preventable illnesses is a matter of serious concern and calls for urgent introspection.

    Factors that govern child health

    • Most of the children who died in Gorakhpur, Muzaffarpur and Kota belong to the lowest strata of the society.
    • It won’t be wrong to conclude that they were victims of structural violence.
    • This structural violence is unleashed through a multitude of social, political and economic factors apathy of healthcare professionals, poor health services/infrastructure
    • And low rates of female literacy, economic inequality, the rigid caste system, social apartheid, lack of political will and patriarchy play role.
    • As a society, we have stopped looking at the deaths of our citizens through the prism of compassion and concern.
    • Structural violence influences the nature and distribution of extreme suffering.

    What is being done in the wrong way?

    • The government is considering the takeover of 750 district hospitals by private medical colleges through a public-private partnership (PPP) model.
    • This, despite ample evidence about the failure of the model in the country’s healthcare system.
    • Nobel laureate Kenneth Arrow demonstrated that profit and private involvement in healthcare lead to an erosion of trust.
    • An Individual’s demand for medical services is irregular and unpredictable, the involvement of a private market model for such services can be disastrous.
    • The U.S.’s experiences in the PPP model in healthcare have shone a light on the deficits in transparency and highlighted the lack of care of vulnerable groups.

    Conclusion

    • What urgently a sincere engagement by the state in matters concerning peoples’ health.
    • We need to question the government’s priorities in a country where nearly a million children die every year

  • UAE’s new 5-year visa scheme

    The United Arab Emirates (UAE) has announced a five-year multiple-entry visa scheme for all nationalities, in a move that is geared towards promoting tourism in the country.

    What is UAE’s new visa scheme?

    • According to the Dubai-based Gulf News, prior to this, tourists could get single or multiple-entry visas for a duration of 30 or 90 days.
    • In the new five-year multiple-entry system, visa holders may be allowed to stay for six months at a stretch.
    • The details of the scheme are yet to be announced. The country’s Federal Authority for Identity and Citizenship will be implementing the decision.
    • Travellers from Africa, some South American countries, Arab states outside the Gulf, and European states from outside the European Union and the former Soviet Union previously needed visas.
    • The UAE currently receives more 2.1 crore tourists annually, and has recently increased its pace of rolling out policies to boost its trade and tourism sectors.

    Other reforms

    • In July 2019, the UAE allowed women employed in the country to sponsor work permits for their husbands, fathers, and adult children, and reduced the fees for obtaining work permits by 50 per cent to 94 per cent for 145 services and transactions.
    • In the same month, the Emirate of Dubai said it would accept the Indian rupee (INR) for transactions at duty-free stores.

  • [op-ed snap]The U.S. is weakened by Soleimani’s killing

    Context

    Targeted killing of powerful Iranian Major-General could have done more bad than good for the U.S.

    Series of events after the assassination

    • The Iraqi parliament voted to expel the U.S. troops stationed in Iraq and deny them access to its airspace, land or water.
    • Pro-Iranian groups could attack across the region where thousands of U.S. troops and official personnel are stationed.
    • Soleimani’s assassination has awakened the deep strain of Iranian patriotism.
    • And Iran is not alone.
    • In Beirut, Hezbollah leader Hassan Nasrallah called Soleimani the “glue that held the Resistance Axis together”.
    • The U.S threat of striking “52 Iranian sites” did not win the U.S. any support on the international stage.
    • Even the Europeans, otherwise steadfast with the U.S. in these sorts of adventures, hesitated.
    • Arab League’s Secretary-General Ahmed Aboul Gheit expressed concern over the situation and asked for calm.
    • This is the same man who had, only a few weeks ago, accused Iran of sowing chaos in the region.
    • It is likely that China and Russia will table a resolution at the UN that calls for calm as well as criticises the U.S.
    • This will certainly be vetoed by the U.S.

    Desperate and irrational policy

    • Till now the U.S. has not been able to extricate itself from its illegal war against Iraq.
    • That war provided a massive advantage to Iran not only in Iraq but also across the region.
    • This is what terrified two of the U.S.’s allies, Israel and Saudi Arabia, both of whom pressured Washington to increase its threats against Iran.
    • S. create the conditions for the rise of the worst kind of violence in Iraq, and later Syria
    • It also weakened the strategic position of its allies.
    • No attempt by the U.S. to regain its authority has worked.
    • The U.S. policy against Iran and Iraq appear desperate and irrational.

    Conclusion

    • The U.S recklessness has isolated it further and deepened anxieties amongst its increasingly isolated regional allies, Israel and Saudi Arabia.

  • [op-ed snap]A case for inclusion of Tulu language in the Eighth Schedule.

    Context

    With numerous languages in the country, placing all deserving languages on an equal footing will promote social inclusion and national solidarity.

    Figures and facts

    • According to the 2001 Census, India has 30 languages that are spoken by more than a million people each.
    • It also has 122 languages that are spoken by at least 10,000 people each.
    • It also has 1,599 languages, most of which are dialects.
    • These are restricted to specific regions and many of them are on the verge of extinction.
    • Article 29 provides every citizens of India with a distinct culture, language, and script, the right to conserve the same.
    • It is the responsibility of both the state and the citizens of this distinct language, script or culture to preserve the same.

    Eighth schedule and Tulu language

    • Sanskrit has 24,821 speakers and it is in the Eighth Schedule according to the 2011 Census.
    • However, many languages with sizeable speakers are not in the schedule.
    • Bhili/Bhilodi has 1,04,13,637 speakers. Garo has 11,45,323 speakers, Ho has 14,31,344 speakers.
    • Tulu is a Dravidian language whose speakers are concentrated in two coastal districts of Karnataka and in Kasaragod district of Kerala.
    • The Tulu language speakers are larger in numbers than Sanskrit and Manipuri which included in the Eighth Schedule.
    • The cities of Mangaluru, Udupi, and Kasaragod are the epicenter of Tulu culture.

    What are the benefits of being on the Eighth Schedule

    • Tulu would get recognition from Sahitya Academy.
    • The book in Tulu would get translated into other recognised Indian languages.
    • The MP’s and MLA’s could speak in Tulu in the Parliament and Assemblies.
    • Candidates could write all-India competitive examination like the Civil Services exam in Tulu.

    Yuelu Proclamation

    • It was made by UNESCO at Changsha, The People’s Republic of China, in 2018.
    • It says the protection and promotion of linguistic diversity help to improve social inclusion and partnerships.
    • It helps reduce the gender and social inequality between different native speakers.
    • It guarantee the rights for native speakers of endangered, minority, indigenous languages, as well as non-official languages and dialects to receive education, enhance the social inclusion level and social decision-making ability by encouraging them to participate in a series of actions to promote cultural diversity, endangered language protection, and the protection of intangible cultural heritage.

    Conclusion

    • Tulu, along with other deserving languages, should be included in the Eighth Schedule of the Constitution in order to substantially materialise the promise of equality of status and opportunity mentioned in the Preamble.

  • State can regulate minority institutions, says Supreme Court

    The Supreme Court has held that the state is well within its rights to introduce a regulatory regime in the “national interest” to provide minority educational institutions with well-qualified teachers in order for them to “achieve excellence in education.”

    Article 30 is not absolute

    • The verdict said that Article 30(1) (right of minorities to establish and administer educational institutions of their choice) was neither absolute nor above the law.
    • The regulatory law should however balance the dual objectives of ensuring standard of excellence as well as preserving the right of the minorities to establish and administer their educational institutions.
    • Regulations that embrace and reconcile the two objectives should be reasonable.
    • The managements of minority institutions cannot ignore such a legal regime by saying that it is their fundamental right under Article 30.

    Serving the national interest

    • A regulation framed in the national interest must necessarily apply to all institutions regardless whether they are run by majority or minority as the essence of Article 30(1) is to ensure equal treatment between the majority and minority institutions.
    • An objection can certainly be raised if an unfavorable treatment is meted out to an educational institution established and administered by minority.
    • But if ensuring of excellence in educational institutions is the underlying principle behind a regulatory regime and the mechanism of selection of teachers is so designed to achieve excellence in institutions, the matter may stand on a completely different footing.

    Striking a balance

    • The court explains how to strike a “balance” between the two objectives of excellence in education and the preservation of the minorities’ right to run their educational institutions.
    • For this, the court broadly divides education into two categories – secular education and education “directly aimed at or dealing with preservation and protection of the heritage, culture, script and special characteristics of a religious or a linguistic minority.”
    • When it comes to the latter, the court advocated “maximum latitude” to be given to the management to appoint teachers.
    • The court reasons that only “teachers who believe in the religious ideology or in the special characteristics of the concerned minority would alone be able to imbibe in the students admitted in such educational institutions, what the minorities would like to preserve, profess and propagate.”
    • However, minority institutions where the curriculum was “purely secular”, the intent must be to impart education availing the best possible teachers.

  • What is Jus Cogens?

    The US has threatened to target few historical sites if Iran retaliates to attack US in revenge. This is a breach of JUS COGENS as targeting cultural sites amounts to a a war crime.

    Jus Cogens

    • The jus cogens rules have been sanctioned by the Vienna Conventions on the Law of Treaties of 1969 and 1986. According to both Conventions, a treaty is void if it breaches jus cogens rules.
    • Jus Cogens or ius cogens, meaning “compelling law” in Latin, are rules in international law that are peremptory or authoritative, and from which states cannot deviate.
    • These norms cannot be offset by a separate treaty between parties intending to do so, since they hold fundamental values.
    • Today, most states and international organisations accept the principle of jus cogens, which dates back to Roman times.

    What does the convention say?

    • Article 53 of the 1969 Convention says: “A treaty is void if, at the time of its conclusion, it conflicts with a peremptory norm of general international law.
    • For the purposes of the present Convention, a peremptory norm of general international law is a norm accepted and recognized by the international community of States as a whole as a norm.
    • From this no derogation is permitted and which can be modified only by a subsequent norm of general international law having the same character.
    • Article 64 says- If a new peremptory norm of general international law emerges, any existing treaty which is in conflict with that norm becomes void and terminates.
    • Besides treaties, unilateral declarations also have to abide by these norms.

    What is included in jus cogens?

    • So far, an exhaustive list of jus cogens rules does not exist.
    • However, the prohibition of slavery, genocide, racial discrimination, torture, and the right to self-determination are recognised norms.
    • The prohibition against apartheid is also recognised as a jus cogens rule, from which no derogation is allowed, since apartheid is against the basic principles of the UN.

    What is the problem with targeting cultural heritage?

    • Following the unparalleled destruction of cultural heritage in World War II, the nations of the world adopted at The Hague in 1954, The Convention for the Protection of Cultural Property in the Event of Armed Conflict.
    • It was the first international treaty focussed exclusively on the protection of cultural heritage during war and armed conflict.
    • The Convention defined cultural property as “movable or immovable property of great importance to the cultural heritage of every people, such as monuments of architecture, art or history, whether religious or secular; archaeological sites
.”, etc.
    • There are currently 133 signatories to Convention, including countries that have acceded to and ratified the treaty.
    • Both the United States and Iran (as well as India) signed the Convention on May 14, 1954, and it entered into force on August 7, 1956.
    • The Rome Statute of 1998, the founding treaty of the International Criminal Court, describes as a “war crime” any intentional attack against a historical monument, or a building dedicated to religion, education, art, or science.

  • A case for including Tulu in the Eighth Schedule

    According to the 2001 Census, India has 30 languages that are spoken by more than a million people each. Additionally, it has 122 languages that are spoken by at least 10,000 people each. It also has 1,599 languages, most of which are dialects. Tulu is one such language with considerable number of speakers.

    Speakers of Tulu

    • Tulu is a Dravidian language whose speakers are concentrated in two coastal districts of Karnataka and in Kasaragod district of Kerala.
    • Kasaragod district is called ‘Sapta bhasha Samgama Bhumi (the confluence of seven languages)’, and Tulu is among the seven.
    • The Census reports 18,46,427 native speakers of Tulu in India.
    • The Tulu-speaking people are larger in number than speakers of Manipuri and Sanskrit, which have the Eighth Schedule status.

    Schedule VIII languages

    • Among the legion of languages in India, the Constitution has 22 languages. They are protected in Schedule VIII of the Constitution.
    • But many languages that are kept out of this favoured position are in some ways more deserving to be included in the Eighth Schedule.
    • For example, Sanskrit, an Eighth Schedule language, has only 24,821 speakers (2011 Census).
    • Manipuri, another scheduled language, has only 17,61,079 speakers. However, many unscheduled languages have a sizeable number of speakers.

    Why does Tulu deserve a place in the Schedule?

    • At present, Tulu is not an official language in India or any other country. Efforts are being made to include Tulu in the Eighth Schedule of the Constitution.
    • If included in the Eighth Schedule, Tulu would get recognition from the Sahitya Akademi. Tulu books would be translated into other recognised Indian languages.
    • The Yuelu Proclamation, made by the UNESCO at Changsha, The People’s Republic of China, in 2018 calls for protection and promotion of linguistic diversity.

    Conclusion 

    • India must accommodate this plethora of languages in its cultural discourse and administrative apparatus.
    • Article 29 of the Constitution provides that a section of citizens having a distinct language, script or culture have the right to conserve the same.
    • Placing of all the deserving languages on equal footing will promote social inclusion and national solidarity. It will reduce the inequalities within the country to a great extent.

  • [op-ed of the day]Spotting an opportunity in changing fundamentals

    “Phase one” of the trade deal between the U.S. and China notwithstanding, the ongoing dispute between the U.S. and China and other changing scenarios could turn out opportunities in various forms for India.

    Oil prices windfall

    • Slack demand and increased production by the U.S., had lowered oil prices which was good news for India.
    • It could also help India address its current account deficit.
    • But oil prices have surged more than 4% following the killing of Iranian general by the U.S.
    • An outbreak of hostilities could send the oil prices soaring.
    • India’s energy import from the U.S. is likely to touch $10 bn by 2019-20.
    • While China is increasing its stake in Saudi Aramco- one of the largest oil production company in the world.
    • China is also increasing its ties with the other oil producers which gives China the opportunity to increase its naval presence in the Indian Ocean increasing the Strait of Hormuz.

    On trade front

    • According to the State Bank of India report-Ecowrap, India has scarcely benefited from the trade war.
    • Of the $35bn decline in China’s export to the U.S. $21bn was diverted to the other countries and the rest $14bn was made good by the U.S. producers.
    • India contributed only $755-million of this diversion.
    • The U.S. tariff made some other players-Mexico, Taiwan, Vietnam even more competitive.
    • China is facing pork shortage but India exports pork indirectly through Vietnam, increasing its cost and reducing market share.
    • China’s thrust on the AI, robotics, autonomous vehicles, and space technology has raised the U.S. suspicion, raising the prospects of high-tech war.
    • The big three Chines high-tech companies, Baidu, Alibaba, and Tencent together invested $5bn in India.
    • India could use this opportunity to insist China open its market for the IT sector and other tech exports.
    • India has allowed all the players including Huawei to participate in the 5G trials but the outcomes are far from over.
    • With all that said, the U.S.-China tensions drive supply chains out of China, with the right policies as Vietnam has done, India could emerge as an alternative destination.
    • Restriction by the U.S. on  China could lead to difficulties in reducing emissions and mitigate climate change in China.
    • Restrictions on technology export often lead to an increase in domestic research.
    • So, China could succeed in developing all the technologies that are denied to it by the U.S. under the restrictions.
    • With the protests in Hong Kong showing no signs of abating, India may have to cater to refugees of Indian origin if things turn uglier.

    Key regional issues

    • The situation in the South China Sea is in favour of China as it already has occupied several of them.
    • Though India is a member of “Quad” dialogue on border issues, it has no role in negotiating the “Code of Conduct” with the ASEAN.
    • On the connectivity issues, the U.S. position is helpful for India. Recently the U.S. criticised China-Pakistan Economic Corridor.
    • India is not a member of the Indo-Pacific Business Forum created by the U.S., Japan, and Australia.
    • India is also not a member of Blue Dot network created by the U.S., Japan, and Australia.
    • In future India might have to reconcile its regional connectivity issues with BRI projects that have mushroomed in the region.
    • On the ideological fronts, China is so emboldened by its economic success that it seeks to challenge the liberal democratic model and offers an alternative based on its own system.
    • India might have to contend with the greater Chinese presence in the Asia-Pacific theatre.

    Conclusion

    India’s relations with the U.S. and Chinas growing influence in economic as well as all the other sphere represents multiple challenges for India and are likely to grow in the future.