Note4Students
From UPSC perspective, the following things are important :
Prelims level: Read the attached story
Mains level: India- SE Asia Cultural Linkages
As part of his visit to Thailand for the ninth India-Thailand joint commission meeting, External Affairs Minister S. Jaishankar visited a temple in Bangkok.
Why in news?
- The temple is the Royal Brahmin Office of the Thai Royal Court and is the official centre of Hinduism in Thailand.
- It highlights the long history of cultural contacts between India and Thailand.
Making of ‘Greater India’ in Southeast Asia
- India and the Southeast Asia region share a long history of cultural and commercial relations.
- The classical Sanskrit and Pali texts from India carry references of the region using various names such as Kathakosha, Suvarnabhumi (the land of god) or Suvarnadvipa (the golden island), indicating that this was a region that attracted Indian merchants.
- Trade in spices, aromatic wood and most importantly gold is known to have flourished.
- In more recent times, European and Indian scholars have referred to Southeast Asia as ‘Farther India’, ‘Greater India’, or ‘Hinduised or Indianized states’.
What one mean by ‘Farther India’?
- The first person to do an in-depth study of the process of ‘Indianisation’ in Southeast Asian countries was a French scholar named George Coedes.
- He coined the term ‘Farther India’ to refer to those states that experienced “the civilizing activity of India’.
- Geographically, it refers to Vietnam, Cambodia, Laos, Thailand, Myanmar and the Malay states.
- The Sanskrit, Buddhist, and Jain texts indicate that interactions between the two regions go back more than two thousand years ago, mainly through sea voyages and that trade played an important role.
- They were also accompanied by Brahmin priests, Buddhist monks, scholars and adventurers and all of them played an important role in the transmission of Indian culture to the natives of Southeast Asia.
- Some of the merchants and Brahmin priests married the local girls and were often employed by the local rulers.
Limitations to Indian influence
- Indian expansion into Southeast Asia cannot be compared to European colonization since Indians were not complete strangers to the population of Southeast Asia and had pre-existing trade relations.
- In the early 20th century, the nationalist historians of India frequently referred to the ancient Indian kingdoms in Southeast Asia as its ‘colony’.
- Historian RC Majumdar noted that the Hindu colonists brought with them the whole framework of their culture and civilization.
- This was transplanted in its entirety among the people who had not emerged from their primitive barbarism.
- More recently the colonization theory has been rejected on the ground that there is very little evidence of conquest or direct political influence in the ancient Southeast Asian kingdoms.
Visible cultural influence
- The first Indian kingdom to come up in Southeast Asia was Funan, which is the predecessor of modern Cambodia and Lin-yi in southern Vietnam, both of which came up in the second century CE.
- Contemporary Southeast Asian society carries several pieces of evidence of the cultural impact of these interactions.
- Many local languages in the region, including Thai, Malay, and Javanese contain words of Sanskrit, Pali and Dravidian origin in significant proportions.
- The Thai language is written in script derived from Southern Indian Pallava alphabet.
- Perhaps the most important influence of India on Southeast Asia was in the field of religion and how Shivaism, Vaishnavism, Theravada Buddhism, Mahayana Buddhism and later Sinhalese Buddhism came to be practised in the region.
- The political and administrative institutions and ideas, especially the concept of divine authority and kingship, are largely shaped by the Indian practices.
- For example, the Thai king is considered as an incarnation of Vishnu.
- The episodes of Ramayana and Mahabharata are regularly featured in puppet shows and theatre events.
- In terms of architecture, monuments like Borobodur Stupa in Java, the Angkor Vat temple in Cambodia, My Son temple in Vietnam are some of the best examples of Indian influence in the region.
India’s religious links to Thailand
- In the early centuries of the Common Era, Thailand, which was historically known as Siam, was under the rule of the Funan Empire.
- Following the decline of the Funan Empire in the sixth century CE, it was under the rule of the Buddhist kingdom of Dvaravati.
- In the 10th century, the region came under Khmer rule, which is also known to have links with India.
- A Tamil inscription found in Takua-pa testifies to trade links between the Pallava region of South India and southern Thailand.
- A mercantile corporation of South Indians called Manikarramam had established a settlement here and built its own temple and tank, and lived as a ‘self-contained’ colony.
- It is important to note that Brahmanism and Buddhism existed alongside each other in Thailand in the pre-Sukhothai period of the 13th century.
Cult of Rama
- The Ramayana known in Thailand as Ramakriti (the glory of Rama) or Ramakien (the account of Rama) — has provided an outlet of cultural expression in Thailand for both the elite and the common man.
- Episodes from the epic are painted on the walls of Buddhist temples and enacted in dramas and ballets.
- Although there is no archaeological evidence of the story of Rama in Thailand, certain towns in the country have legends related to Rama’s life connected with them.
- For instance, Ayutthaya in Central Thailand, which emerged in the 10th century CE, is derived from Ayodhya, birthplace of Lord Rama.
- Desai writes that “from the 13th century onwards, several Thai kings assumed the title Rama, which has become hereditary during the present dynasty.”
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: UNCLOS
Mains level: High seas regulation
A delegation from India and other member countries of the UN are in New York to deliberate on a one-of-its-kind agreement to conserve marine biodiversity in the high seas, namely the oceans that extend beyond countries’ territorial waters.
What is the news?
- The agreement follows a resolution by the UN General Assembly.
- The pact is expected to be the final in a series set in motion since 2018 to draft an international legally binding instrument under the 1982 United Nations Convention on the Law of the Sea (UNCLOS).
Why need Ocean Diversity Pact?
(1) Deciding on rights of explorers
- A key aspect of the agreement is deciding on the rights of companies that undertake exploration for biological resources in the high seas.
- It is under discussion if companies have absolute rights on any discovery or extraction in these regions or should they share their gains, in terms of intellectual property and royalties with an UN-prescribed body.
(2) Regulation for exotic items
- The focus of mining activity in the sea has been for gas hydrates, precious metals and other fossil fuel
- However, with advances in biotechnology and genetic engineering, several companies see potential in exotic microbes and other organisms — several of them undiscovered — that abide in the deep ocean and could be used for drugs and vaccines.
(3) ‘Blue Economy’ policy of India
- The Union Cabinet approved a ‘Blue Economy’ policy for India, a nearly ₹4,000-crore programme spread over five years.
- This among other things will develop a manned submersible vessel as well as work on bio-prospecting of deep-sea flora and fauna including microbes.
- Studies on sustainable utilisation of deep sea bio-resources will be the main focus.
What is UNCLOS?
- UNCLOS is sometimes referred to as the Law of the Sea Convention or the Law of the Sea treaty.
- It came into operation and became effective from 16th November 1982.
- It defines the rights and responsibilities of nations with respect to their use of the world’s oceans, establishing guidelines for businesses, the environment, and the management of marine natural resources.
- It has created three new institutions on the international scene :
- International Tribunal for the Law of the Sea,
- International Seabed Authority
- Commission on the Limits of the Continental Shelf
Note: UNCLOS does not deal with matters of territorial disputes or to resolve issues of sovereignty, as that field is governed by rules of customary international law on the acquisition and loss of territory.
Major conventions:
There had been three major conferences of UNCLOS:
- UNCLOS I: It resulted in the successful implementation of various conventions regarding Territorial Sea and Contiguous Zones, Continental Shelf, High Seas, Fishing Rights.
- UNCLOS II: No agreement was reached over breadth of territorial waters.
- UNCLOS III: It introduced a number of provisions. The most significant issues covered were setting limits, navigation, archipelagic status and transit regimes, exclusive economic zones (EEZs), continental shelf jurisdiction, deep seabed mining, the exploitation regime, protection of the marine environment, scientific research, and settlement of disputes.
The convention set the limit of various areas, measured from a carefully defined baseline.
These terminologies are as follows:
(1) Baseline
- The convention set the limit of various areas, measured from a carefully defined baseline.
- Normally, a sea baseline follows the low-water line, but when the coastline is deeply indented, has fringing islands or is highly unstable, straight baselines may be used.
(2) Internal waters
- It covers all water and waterways on the landward side of the baseline.
- The coastal state is free to set laws, regulate use, and use any resource. Foreign vessels have no right of passage within internal waters.
- A vessel in the high seas assumes jurisdiction under the internal laws of its flag State.
(3) Territorial waters
- Out to 12 nautical miles (22 km, 14 miles) from the baseline, the coastal state is free to set laws, regulate use, and use any resource.
- Vessels were given the Right of Innocent Passage through any territorial waters.
- “Innocent passage” is defined by the convention as passing through waters in an expeditious and continuous manner, which is not “prejudicial to the peace, good order or the security” of the coastal state.
- Fishing, polluting, weapons practice, and spying are not “innocent”, and submarines and other underwater vehicles are required to navigate on the surface and to show their flag.
- Nations can also temporarily suspend innocent passage in specific areas of their territorial seas, if doing so is essential for the protection of their security.
(4) Archipelagic waters
- The convention set the definition of “Archipelagic States”, which also defines how the state can draw its territorial borders.
- All waters inside this baseline are designated “Archipelagic Waters”.
- The state has sovereignty over these waters mostly to the extent it has over internal waters, but subject to existing rights including traditional fishing rights of immediately adjacent states.
- Foreign vessels have right of innocent passage through archipelagic waters, but archipelagic states may limit innocent passage to designated sea lanes.
(5) Contiguous zone
- Beyond the 12-nautical-mile (22 km) limit, there is a further 12 nautical miles (22 km) from the territorial sea baseline limit, the contiguous zone.
- Here a state can continue to enforce laws in four specific areas (customs, taxation, immigration, and pollution) if the infringement started or is about to occur within the state’s territory or territorial waters.
- This makes the contiguous zone a hot pursuit area.
(6) Exclusive economic zones (EEZs)
- These extend 200 nm from the baseline.
- Within this area, the coastal nation has sole exploitation rights over all natural resources.
- In casual use, the term may include the territorial sea and even the continental shelf.
(7) Continental shelf
- The continental shelf is defined as the natural prolongation of the land territory to the continental margin’s outer edge, or 200 nautical miles (370 km) from the coastal state’s baseline, whichever is greater.
India and UNCLOS
- As a State party to the UNCLOS, India promoted utmost respect for the UNCLOS, which established the international legal order of the seas and oceans.
- India also supported freedom of navigation and overflight, and unimpeded commerce based on the principles of international law, reflected notably in the UNCLOS 1982.
- India is committed to safeguarding maritime interests and strengthening security in the Indian Ocean Region (IOR) to ensure a favorable and positive maritime environment.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Partition of Bengal, Lord Curzon
Mains level: Partition of Bengal and its aftermath
The 119-year-old Curzon Gate in Bardhaman in West Bengal is at the centre of a political row.
Who was Lord Curzon?
- Born in 1859, Curzon was a British conservative politician who was educated at the elite institutions of Eton and Oxford.
- He served as Under-Secretary of State for India (1891-1892), and for Foreign Affairs (1895-1898), before being appointed Viceroy of India in 1899.
- As viceroy, his administration was known for intense activity and emphasis on efficiency.
- He stated in his budget speech in 1904, “Efficiency of administration is, in my view, a synonym for the contentment of the governed”.
Rise to infame
- Of all the Viceroys of India, Curzon is possibly the most criticised — he is the man who partitioned Bengal in 1905, and triggered a wave of Bengali nationalism that contributed to the wider Indian national movement.
- He was also one of the more openly imperialist of viceroys, and a man who saw Britain’s rule over India as critical to the survival of empire.
- In 1900, Curzon famously stated, “We could lose all our [white settlement] dominions and still survive, but if we lost India, our sun would sink to its setting.”
His works
- Curzon created a separate Muslim majority province of the North-West Frontier Province, sent a British expedition to Tibet and established a separate police service.
- He was instrumental in establishing the Archaeological Survey of India, in order to study and protect historical monuments.
- Early on in his career, Curzon earned some praise from his colonial subjects for taking action against Europeans in a number of high-profile racist attacks against Indians.
- In 1899, he punished white soldiers for raping a woman in Rangoon; he disciplined soldiers of the 9th Lancers for beating an Indian cook in Sialkot to death in 1902.
- He had tried unsuccessfully to get the Calcutta High Court to change the meagre punishment given to an Assam tea manager for murdering a “coolie”.
Why was he disliked then?
- Curzon was both vexed and enraged by the growing nationalist movement in India and he sought to throttle the growing aspirations of the educated Indian middle class.
- A staunch imperialist, he took a series of extremely unpopular measures, including passing, in 1899, the Calcutta Municipal Amendment Act.
- He reduced the number of elected representatives in the Calcutta Corporation.
- Among others was the Indian Universities Act (1904), that placed Calcutta University under government control, and the Indian Official Secrets Amendment Act (1904) which reduced the freedom of the press even further.
- Ironically though, it was his biggest and most reviled decision — to partition Bengal in 1905 — that led to a spurt in nationalist sentiment and revitalized the Congress.
How and why did the partition of Bengal take place?
- Calcutta was the capital of the British Raj, and Bengal Presidency was one of the largest provinces in India, populated by more than 78 million people.
- It was such a huge province encompassing present-day West Bengal, Bangladesh, Bihar, parts of Chhattisgarh, Odisha, and Assam.
- For long, the British had maintained that Bengal was too large to efficiently manage and administer; it was also believed that with Calcutta as the nerve centre of the educated nationalists, the resistance to colonial rule would only increase.
- Home Secretary H H Risley noted in 1904, “Bengal united is a power; Bengal divided will pull in several different ways.
Actual course of Partition
- In July 1905, Curzon announced the partition of Bengal into two provinces.
- East Bengal and Assam, with a population of 38 million, was predominately Muslim, while the western province, called Bengal, and was reduced to 55 million people, primarily Hindus.
- Protests began almost immediately after the announcement, with meetings taking place in more than 300 cities, towns, and villages across Bengal.
What were the consequences of the partition?
- In opposition to the partition, nationalist leaders organized a campaign a boycott British goods and institutions and encouraged the use of local products.
- After a formal resolution was passed at a meeting in Calcutta in August 1905, the Swadeshi movement began.
- Students were at the forefront of the movement, which was characterized by boycotts of British educational institutions and law courts, and large bonfires of imported cotton textiles.
- There was a surge in nationalist rhetoric, and the song ‘Bande Mataram’, set to music by Rabindranath Tagore, became the informal anthem of the movement.
- The Swadeshi movement and boycott was not restricted to Bengal, and spread to other parts of the country, including Punjab, Maharashtra, and parts of the Madras Presidency.
- A number of secret societies, such as the Anushilan Samiti of Bengal, sought to overthrow British rule through violent means.
- Revolutionary groups used bombs, attempted to assassinate colonial officials, and engaged in armed robberies to finance their activities.
(Irreversible) Revocation of the Partition
- In 1905, Curzon resigned and returned to England after losing a power struggle with the commander-in-chief of the British Army, Lord Kitchener.
- The protests continued after his exit, and the colonial government in 1911 announced the reunification of Bengal.
- Thenceforth the capital of the Raj was shifted from Calcutta to Delhi.
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Context
- Over 6,000 Signatories Demand To Reverse Bilkis Bano Convicts’ Release.
Why in news?
- Eleven convicts, sentenced to life imprisonment, released from Godhra sub-jail on August 15 after the Gujarat government allowed their release under its remission policy. They had completed more than 15 years in jail.
What is the issue?
- Bilkis Bano was 21-years-old and five months pregnant when she was gang-raped while fleeing the violence that broke out after the Godhra train burning. Among those killed were her 3-year-old daughter.
What is remission?
- The duration of the sentence announced by the court can be cut short under special circumstances while the nature of the sentence remains the same, depending upon the nature of the crime.
Indian Judiciary: A Backgrounder
- Saviour of democracy: It speaks truth to political power, upholds the rights of citizens, mediates between Centre-state conflicts, provides justice to the rich and poor alike, and on several momentous occasions, saved democracy itself.
- Visible gaps: Despite its achievements, a gap between the ideal and reality has been becoming clear over the years.
- Slow in speed: The justice delivery is slow, the appointment of judges is mired in controversy, disciplinary mechanisms scarcely work, hierarchy rather than merit is preferred, women are severely under-represented, and constitutional matters often languish in the Supreme Court for years.
What led to under-performance of Indian Judiciary?
- Population explosion
- Litigation explosion
- Hasty and imperfect drafting of legislation
- Plurality and accumulation of appeals (Multiple appeals for the same issue)
Challenges to the judicial system
- Lack of infrastructure of courts
- High vacancy of judges in the district judiciary
- Pendency of Cases
- Ineffective planning in the functioning of the courts
Judicial initiative
- The CJI has pitched to set up a National Judicial Infrastructure Corporation (NJIC) to develop judicial infrastructure in trial courts.
- He indicated a substantial gap in infrastructure and availability of basic amenities in the lower judiciary.
Enrich your mains answer with this
Finland’s criminal justice system was voted the world’s best.
- Under the Constitution of Finland, everyone is entitled to have their case heard by a court or an authority appropriately and without undue delay. This is achieved through the judicial system of Finland.
Dynamic suggestions
- Creating NJIC: It will bring a revolutionary change in the judicial functioning provided the proposed body is given financial and executive powers to operate independently of the Union and the State governments.
- Appointment reforms: There are many experts who advocate the need to appoint more judges with unquestionable transparency in such appointments.
- Creating All Indian Judiciary Services: It would be a landmark move to create a pan-India Service that would result in a wide pool of qualified and committed judges entering the system.
- Technology infusion: The ethical and responsible use of AI and ML for the advancement of efficiency-enhancing can be increasingly embedded in legal and judicial processes. Ex. SUPACE.
Way forward
- It is time for courts to wake up from their colonial stupor and face the practical realities of Indian society.
- Rules and procedures of justice delivery should be made simple.
- The ordinary, poor, and rural Indian should not be scared of judges or the courts.
Conclusion
- India’s capacity to deliver justice has serious deficits with under-capacity and gender imbalance plaguing police, prisons and the judiciary and fund crunch affecting state services like free-legal aid. So there is urgent need of National Judicial Infrastructure Authorityfor the standardization and improvement of judicial infrastructure and robust justice delivery.
Mains question
Q. Do you think there are serious gaps in our judicial infrastructure and justice delivery? Identify these gaps and provide some dynamic suggestions from your end in the context of Bilkis Bano verdict.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: NA
Mains level: Challenges of future.
Context
- PM Modi’s Independence Day speech outlined agenda for a radical transformation of society and nation.
What are 5 resolves given by PM?
- Take pride in India’s history.
- The power of unity.
- Duties of citizens, such as those of the PM and CMs.
- Advance with greater conviction and the determination of a developed India.
- Get rid of any signs of slavery.
Detail analysis 5 resolves of pm
(1)First pran: The first pran is about inculcating a culture of thinking big and at scale.
- The first vow is for the country to move ahead with a big resolve. And that big resolution is of a developed India; and now we should not settle for anything less than that. Big resolution!
- Some examples include the world’s largest financial inclusion programme, the largest vaccination drive, the largest health insurance programme and the largest social security schemes.
(2)Second pran: The second Pran is that in no part of our existence, not even in the deepest corners of our mind or habits should there be any ounce of slavery. It should be nipped there itself.
- Now, 100 per cent this slavery of hundreds of years has kept us bound, has forced us to keep our emotions tied up, have developed distorted thinking in us.
- We have to liberate ourselves from the slavery mind set which is visible in innumerable things within and around us. This is our second Pran Shakti.
(3)Third pran: The third Pran is that we should feel proud of our heritage and legacy.
- Since it is this same legacy which had given India its golden period in the past. And it is this legacy that has an innate capability of transforming itself with time.
- It is this rich heritage that transcends tests of tide and times. It embraces the new. And hence we should be proud of this heritage.
(4)Fourth pran: Fourth pran which is equally important is unity and solidarity.
- Amongst 130 million countrymen when there is harmony and bonhomie, unity becomes its strongest virtue.
- “Ek Bharat Shreshtha Bharat” – is one of the unifying initiatives to actuate the dream of the fourth Pran.
(5)Fifth pran: Fifth Pran is the duty of the citizens, in which even the Prime Minister, Chief Minister cannot be an exclusion.
- As they are also responsible citizens and have a duty towards the nation. This virtue is going to be the vital life force if we want to achieve the dreams we have for the next 25 years.
Challenges before India in next 25 years
- Skill development and employment for the future: workforce According to the World Economic Forum’s report “The Future of Jobs 2018”, more than half of Indian workers will require reskilling by 2022 to meet the talent demands of the future. They will each require an extra 100 days of learning, on average.
- Socioeconomic inclusion of rural India: By 2030, 40% of Indians will be urban residents. However, there will also be more than 5,000 small urban towns (50,000-100,000 persons each) and more than 50,000 developed rural towns (5,000-10,000 persons each) with similar income profiles, where aspirations are fast converging with those of urban India.
- A healthy and sustainable future: As India marches forward, it faces new challenges in health and sustainable living, even as it has achieved key health targets such as polio eradication.
Conclusion
- The nation should now only be setting big goals. That big goal is a developed India and nothing less.
Mains question
Q. What are the challenges India will face in next 25 years? Discuss the panch pran resolves of PM showing how they will address these challenges.
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