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  • J&K – The issues around the state

    A case for in inclusion of Ladakh under Sixth Schedule

    | Polity | Mains Paper 2: Indian Constitution – historical underpinnings, evolution, features, amendments, significant provisions and basic structure

    A ruling party MP from Ladakh has demanded that the region be included in the Sixth Schedule of the Constitution to safeguard land, employment, and cultural identity of the local population.

    What is the Sixth Schedule?

    • The Sixth Schedule under Article 244 provides for the formation of autonomous administrative divisions — Autonomous District Councils (ADCs).
    • ADCs have some legislative, judicial, and administrative autonomy within a state.
    • The Sixth Schedule applies to the NE states of Assam, Meghalaya, Mizoram (three Councils each), and Tripura (one Council).

    Composition of ADCs

    • ADCs have up to 30 members with a term of five years.
    • It can make laws, rules and regulations with regard to land, forest, water, agriculture, village councils, health, sanitation, village- and town-level policing, inheritance, marriage and divorce, social customs and mining, etc.
    • The Bodoland Territorial Council in Assam is an exception with more than 40 members and the right to make laws on 39 issues.

    Why does Ladakh want to be part of the Sixth Schedule?

    • Local aspirations: There was much enthusiasm initially, mostly in Leh, after the repeal of Art. 370 which created two new UTs.
    • Negligence in erstwhile J&K state: Buddhist-dominated Leh district had long demanded UT status because it felt neglected by the erstwhile state government.
    • Denial of Legislature: The enthusiasm waned as it was understood that while the UT of J&K would have a legislature, the UT of Ladakh would not.
    • Inadequate representation: The administration of the region is now completely in the hands of bureaucrats with only 1 MP.
    • New domicile criteria: The changed domicile policy in Jammu and Kashmir has raised fears in the region about its own land, employment, demography, and cultural identity.
    • Statehood demands: A coalition of social, religious, and political representatives in Leh and Kargil has demanded full statehood for Ladakh.

    Cultural significance of Ladakh

    • Ladakh is historically perceived as a cosmopolitan region with centuries of multiple cultural settings.
    • It was an Asian pivot – the people here traversed diverse cultural boundaries and engaged with ideas.

    Can Ladakh be included in Sixth Schedule?

    • NCST Recommends: In September 2019, the National Commission for Scheduled Tribes recommended the inclusion of Ladakh under the Sixth Schedule.
    • Distinct culture: It was predominantly tribal (more than 97%), people from other parts of the country had been restricted from purchasing or acquiring land there, and its distinct cultural heritage needed preservation.

    Legal hurdles

    • Fifth schedule as an alternative: The Constitution is very clear, Sixth Schedule is for the Northeast. For tribal areas in the rest of the country, there is the Fifth Schedule.
    • Exclusive provision for NE: Notably, no region outside the Northeast has been included in the Sixth Schedule.
    • Requires Constitutional Amendment: It remains the prerogative of the government. For this, a constitutional amendment is required.

    Government’s response in this regard

    • The Centre woke up to the anxieties of the region when, a year after the abrogation of Article 370, when all political parties announced a boycott of the LAHDC-Leh elections.
    • The political factions in Ladakh were promised “Sixth Schedule-like” protections by the Home Minister.
    • The MHA has in Jan announced that a committee under then MoS Home G Kishan Reddy would be formed to address the issues related to language of Ladakh, culture of Ladakh and conservation of land in Ladakh.
    • It had assured representatives of Kargil and Leh that the government was committed to look into their concerns.

    Try this question from CSP 2015:

    Q.The provisions in Fifth Schedule and Sixth Schedule in the Constitution of India are made in order to-

    (a) protect the interests of Scheduled Tribes

    (b) determine the boundaries between States

    (c) determine the powers, authority and responsibilities of Panchayats

    (d) protect the interests of all the border States

     

    Post your answers here.

     

     

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  • Women empowerment issues – Jobs,Reservation and education

    Cabinet clears push to raise marriage age of women from 18 to 21

    | Indian Society | Mains Paper 1: Role Of Women & Women Organization

    The proposal to raise the minimum age of marriage for women from 18 to 21 was cleared by the Union Cabinet based on the recommendations of a task force headed by Jaya Jaitley.

    Minimum Age for Marriage in India

    • Personal laws of various religions that deal with marriage have their own standards, often reflecting custom.
    • For Hindus, The Hindu Marriage Act, 1955 sets 18 years as the minimum age for the bride and 21 years as the minimum age for the groom.
    • In Islam, the marriage of a minor who has attained puberty is considered valid.
    • Now, the govt will have to amend the Prohibition of Child Marriage Act, 2006, the Special Marriage Act and personal laws such as the Hindu Marriage Act, 1955.

    Reasons behind the decision

    • Gender-neutrality: With this decision, the government will be bringing the age of marriage for both men and women at par.
    • Motherhood complexities: An early age of marriage, and consequent early pregnancies, also have impacts on nutritional levels of mothers and their children, and their overall health and mental wellbeing.
    • Mother and Child Mortality: It also has an impact on Infant Mortality Rate and Maternal Mortality Rate.
    • Women empowerment: The decision would empower women who are cut off from access to education and livelihood due to an early marriage.
    • Protection from abuse: This will essentially outlaw premature girls marriages and prevent the abuse of minors.

    What is the Jaya Jaitly Committee?

    • In June 2020, the Ministry of WCD set up a task force to look into the correlation between the age of marriage with issues of women’s nutrition, prevalence of anemia, IMR, MMR and other social indices.
    • The committee was to look at the feasibility of increasing the age of marriage and its implication on women and child health, as well as how to increase access to education for women.

    Key recommendations

    • The committee has recommended the age of marriage be increased to 21 years, on the basis of feedback they received from young adults from 16 universities across the country.
    • The committee also asked the government to look into increasing access to schools and colleges for girls, including their transportation to these institutes from far-flung areas.
    • Skill and business training has also been recommended, as has sex education in schools.
    • The committee said these deliveries must come first, as, unless they are implemented and women are empowered, the law will not be as effective.

    Criticism of the move

    • Illegal marriages: Such legislation would push a large portion of the population into illegal marriages leading to non-institutional births.
    • Ineffectiveness of existing laws: Decrease in child marriages has not been because of the existing law but because of an increase in girls’ education and employment opportunities.
    • Unnecessary coercion: The law would end up being coercive, and in particular negatively impact marginalized communities, such as the Scheduled Caste and Scheduled Tribes, making them law-breakers.

     

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  • Agricultural Sector and Marketing Reforms – eNAM, Model APMC Act, Eco Survey Reco, etc.

    Zero Budget Natural Farming

    | Enviro & Biodiversity | Mains Paper 3: Conservation, Environmental Pollution & Degradation, Eia

    Zero budget natural farming (ZBNF) is back on top of the Government’s agricultural agenda, with PM set to highlight it at a national conclave.

    Zero Budget Natural Farming (ZBNF)

    • ZBNF is a set of farming methods, and also a grassroots peasant movement, which has spread to various states in India.
    • Subhash Palekar perfected it during the 1990s at his farm in Amravati district in Maharashtra’s drought-prone Vidarbha region.
    • According to the “zero budget” concept, farmers won’t have to spend any money on fertilisers and other agricultural inputs.
    • Over 98% of the nutrients that crops require — carbon dioxide, nitrogen, water, solar energy — are already present in nature.
    • The remaining 1.5-2% are taken from the soil, after microorganisms convert them from “non-

    Four Wheels of ZBNF

    The “four wheels” of ZBNF are ‘Jiwamrita’, ‘Bijamrita’, ‘Mulching’ and ‘Waaphasa’.

    • Jiwamrita is a fermented mixture of cow dung and urine (of desi breeds), jaggery, pulses flour, water and soil from the farm bund.
    • This isn’t a fertilizer, but just a source of some 500 crore micro-organisms that can convert all the necessary “non-available” nutrients into “available” form.
    • Bijamrita is a mix of desi cow dung and urine, water, bund soil and lime that is used as a seed treatment solution prior to sowing.
    • Mulching, or covering the plants with a layer of dried straw or fallen leaves, is meant to conserve soil moisture and keep the temperature around the roots at 25-32 degrees Celsius, which allows the microorganisms to do their job.
    • Waaphasa, or providing water to maintain the required moisture-air balance, also achieves the same objective.

    Astra’s of ZBNF against pest attacks

    • ZBNF advocates the use of special ‘Agniastra’, ‘Bramhastra’, and ‘Neemastra’ concoctions.
    • They are based on cow urine and dung, plus pulp from leaves of neem, white datura, papaya, guava, and pomegranates — for controlling pest and disease attacks.

    Is it organic farming?

    • ZBNF uses farmyard manure or vermicompost.

    Issues with ZBNF

    • Cost of labor: The cost of labor for the collection of dung and urine, apart from the other inputs used in the preparation of Jiwamrita, Neemastra or Bramhastra is quit higher.
    • Bovine cost: Keeping cows is also a cost that has to be accounted for. Farmers cannot afford to keep desi cows that yield very little milk.
    • Vulnerability to pest attacks:  ZBNF is scarcely practiced.  The crop grown would be vulnerable to attacks by insects and pests have already become pest-immune.

     

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  • Electronic System Design and Manufacturing Sector – M-SIPS, National Policy on Electronics, etc.

    Program for Development of Semiconductors and Display Manufacturing Ecosystem in India

    Schemes | Science Tech | Mains Paper 3: Awareness in various sc and tech fields

    The Union Cabinet has approved a ₹76,000 crore scheme to boost semiconductor and display manufacturing in the country.

    About the Program

    • The scheme would provide financial support of up to 50% of the project cost for setting up semiconductor and display fabrication units.
    • The scheme was aimed at making India a global hub of electronic system design and manufacturing, the statement noted.
    • In addition, the Centre would work with the States to set up high-tech clusters with the necessary infrastructure such as land and semiconductor-grade water.

    Components of the mission

    [1] Semiconductor Fabs and Display Fabs

    • This shall extend fiscal support of up to 50% of project cost to eligible applicants.
    • The govt will work closely with the states establish High-Tech Clusters with requisite infrastructure in terms of land, semiconductor grade water, high quality power, logistics and research.

    [2] Semi-conductor Laboratory (SCL):

    • The Ministry of Electronics and Information Technology will take requisite steps for the modernization and commercialization of the Semi-conductor Laboratory (SCL).
    • MeitY will explore the possibility for the Joint Venture of SCL with a commercial fab partner to modernize the brownfield fab facility.

    [3] Semiconductor Design Companies:

    • The Design Linked Incentive (DLI) Scheme shall extend product design linked incentive of up to 50% of eligible expenditure and product deployment linked incentive of 6% – 4% on net sales for five years.
    • Support will be provided to 100 domestic companies of semiconductor design for Integrated Circuits (ICs), Chipsets, System on Chips (SoCs), Systems & IP Cores.

    [4] India Semiconductor Mission:

    • In order to drive the long-term strategies for developing sustainable semiconductors and display ecosystem, a specialized and independent ISM will be set up.
    • The ISM will be led by global experts in the semiconductor and display industry.
    • It will act as the nodal agency for efficient and smooth implementation of the schemes on Semiconductors and Display ecosystem.

    [5] Chips to start-ups Program

    • This program would develop 85,000 well-trained engineers, he claimed. Semiconductor designers would be given the opportunity to launch start-ups.
    • The government would bear 50% of the expense under the design-linked incentive scheme.
    • The entire programme would lead to 35,000 high-quality direct jobs and 1 lakh indirect employment.

    Significance of the scheme

    • In the current geopolitical scenario, trusted sources of semiconductors and displays hold strategic importance and are key to the security of critical information infrastructure.
    • The approved program will propel innovation and build domestic capacities to ensure the digital sovereignty of India.
    • It will also create highly skilled employment opportunities to harness the demographic dividend of the country.
    • Development of semiconductor and display ecosystem will have a multiplier effect across different sectors of the economy with deeper integration to the global value chain.

     

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  • Modern Indian History-Events and Personalities

    Historical episodes that PM spoke about in Kashi

    | | Mains Paper 1: Modern Indian History

    In his speech at Kashi, PM has referred to several historical episodes including the battle between Salar Masud and Raja Suhaldev and the conflict between Governor-general Warren Hastings and Raja Chait Singh.

    He also mentioned the contributions of historical figures like Rani Bhabani from Bengal.

    Note: UPSC is known to ask contemporaries.

    [1] Salar Masud and Raja Suhaldev

    • The story of Salar Masud, also known as Ghazi Mian, and Suhaldev is a mix of history and myth.
    • Ghazi Mian is believed to have acquired popularity as a warrior in the 12th century.
    • He was the nephew of the 11th-century Turkik invader, Mahmud of Ghazni, whose invasion of India is known as the moment when Islam entered large parts of the subcontinent.
    • Interestingly, his tomb at Bahraich in Uttar Pradesh stands as a place of pilgrimage for a large number of Muslims as well as Hindus.
    • The most comprehensive source of information about Ghazi Mian is the Mirat-e-Masaud (Mirror of Masaud), a 17th-century Persian hagiography written by Abdur Rahman Chisti, a Sufi saint.
    • He asserted that Masud was the disciple of Sheikh Moinuddin Chisti, the founder of the Chistiya order of Sunni mysticism.

    His conquest and Suheldev

    • Masud arrived in Multan as a 17-year old head of the Afghan army and after having subjugated it made for Delhi where he spent almost half a year.
    • Advancing his aggressive campaigns, Masud on the way destroyed several temples and converted many to Islam.
    • It was at Bahraich, where in the course of a battle in 1034 CE between Masud and a local king by the name Suhaldev that the former was wounded by an arrow and succumbed.
    • Suheldev is believed to have been the eldest son of the king of the Bhar community, from which emerged the Pasi community, a Dalit caste group of the region.

    [2] Warren Hastings and Maharaja Chait Singh

    • Another historical episode cited by Modi in his Kashi speech was about the first governor-general of Bengal Warren Hastings fleeing the city in 1781.
    • By the late 18th century, Benaras had declared independence from the Nawab of Awadh.
    • In 1771, Maharaja Chait Singh succeeded to the throne of Banaras with the help of British authorities.
    • Two years later, the Maharaja transferred the domain to the East India Company under the control of Hastings.

    Issues over Mysore war

    • When faced with the need for resources to fight the Mysore War against Hyder Ali, Hastings pressed Maharaja Chait Singh to make additional revenue payments and supply troops in 1778 and 1779.
    • When Singh failed to comply, Hastings marched to Benaras with his troops to confront the king.
    • A skirmish erupted between the British troops on the one hand and the Raja’s forces and his large number of supporters on the other.
    • As they fought, the Raja managed to escape from the fort through a window facing the Ganges.

    An embarrassing defeat for Hastings

    • Several of Hastings’ men were killed in the conflict and, left with no other option, the governor-general was forced to retreat.
    • Popular narrative goes that he left hurriedly at night for the nearby Chunar Fort riding an elephant.
    • The incident is believed to have given rise to the popular saying in Banaras: “Ghode par haudah, hathi par jeen, Kashi se bhaga Warren Hastings”.

    [3] Rani Bhabani

    • Bhabani was married to Raja Ramkanta Ray, the zamindar of the Natore estate in Rajshahi (present day Bangladesh).
    • After the death of her husband in 1748, the zamindari passed on to the hands of Bhabani, making her one among the very few women zamindars of the time.
    • For the next four decades, Bhabani is said to have managed the estate of Natore with utmost efficiency.
    • Bhabani is remembered most for her philanthropic efforts. She is known to have built several schools across Rajshahi district and offered a number of scholarships.
    • She is also known to have built the Durga Kund Mandir in Varanasi.
    • She also desired to build a Kashi in Bengal and, consequently in 1755 a complex consisting of a dozen temples was built in Baronagar in Murshidabad by her.

     

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  • Modern Indian History-Events and Personalities

    [pib] Durga Puja gets UNESCO Intangible Cultural Heritage tag

    Prelims Only | History | Mains Paper 1: Arts & Culture

    UNESCO has inscribed ‘Durga Puja in Kolkata’ on the Representative List of Intangible Cultural Heritage of Humanity.

    What is Intangible Cultural Heritage (ICH)?

    • ICH means the practices, representations, expressions, knowledge, skills – as well as the instruments, objects, artefacts and cultural spaces associated with them that communities, groups and, in some cases, individuals recognize as a part of their cultural heritage.
    • Furthermore, its importance is not in the cultural manifestation itself, but in the wealth of knowledge, know-how and skills that are transmitted from one generation to the next.

    About Durga Puja

    • Durga Puja, also known as Durgotsava or Sharodotsava, is an annual Hindu festival that reveres and pays homage to the goddess Durga.
    • It is an important festival in the Shaktism tradition of Hinduism.
    • It is celebrated because of Durga’s victory over Mahishasur.
    • It is particularly popular and traditionally celebrated in the Indian states of West Bengal, Bihar, Jharkhand, and Odisha among other states.
    • It is a ten-day festival, of which the last five are of the most significance.

    Citation for the UNESCO tag

    • The UNESCO Committee commended its initiatives to involve marginalized groups, and individuals as well as women in their participation in safeguarding the element.
    • The festival is also marked by scripture recitations, performance arts, revelry, gift-giving, family visits, feasting, and public processions.
    • Durga Puja not only is a celebration of the feminine divinity but is a consummate expression of dance, music, crafts, rituals, practices culinary and cultural aspects.
    • The festival transcends the boundaries of caste, creed and economic classes and joins the people together in its celebration.

    Also read: National List for Intangible Cultural Heritage (ICH)

    Other ICH in India

    • With the inscription of Durga Puja in Kolkata, India now has 14 intangible cultural heritage elements on the prestigious UNESCO Representative List of ICH of Humanity.
    • In recent years, the ICH elements that saw inscriptions are Kumbh Mela (inscribed 2017), Yoga (inscribed 2016) among others.
    • Also, India is a SIGNATORY of the 2003 UNESCO Convention which aims for the Safeguarding of the Intangible Heritage along with traditions and living expression.

     

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  • Disinvestment in India

    The NMP is hardly the panacea for growth in India

    | Economics | Mains Paper 3: Indian Economy

    Context

    As the government seeks to monetise core assets through National Monetisation Pipeline (NMP), it needs to investigate the key reasons and processes which led to once profit-making public sector assets becoming inefficient and sick businesses.

    Background of the MNP

    • The National Monetisation Pipeline (NMP) envisages an aggregate monetisation potential of ₹6-lakh crore through the leasing of core assets of the Central government.
    • These assets are in sectors such as roads, railways, power, oil and gas pipelines, telecom, civil aviation, shipping ports and waterways, mining, food and public distribution, coal, housing and urban affairs etc. over a four-year period (FY2022 to FY2025).
    • Strategic objective of NMP: According to NITI Aayog, the strategic objective of the asset monetisation programme is to unlock the value of investments in public sector assets by tapping private sector capital and efficiencies.
    • Unlocking idle capital: The NMP policy advocates unlocking idle capital from non-strategic/underperforming government owned assets
    • Contribution of core sectors: Eight core industrial sectors that support infrastructures such as coal, crude oil, natural gas, refinery products, fertilizers, steel, cement, and electricity have a total weight of nearly 40% in the Index of Industrial Production (IIP).

    Reasons for the decline of PSU and why the government should introspect the decline

    • Cost overruns, inter alia, is one of the major reasons.
    • Exceeding project completion time: In some cases, project completion time is exceeded, leading to elevated project cost so much so that either the project itself becomes unviable at the time of its launching or delays its break even point.
    • Lack of optimum input-output ratio: Optimum input-output ratio is seldom observed in a majority of government infrastructural projects leading to their overcapitalisation.
    • A reluctance to implement labour reforms, a lack of inter-ministerial/departmental coordination, poor decision-making, ineffective governance and excessive government control are other reasons for the failure of public infrastructural assets.
    • Need for introspection: It is quite likely that the nation may find itself in a vicious cycle of creating new assets and then monetising the same when they become liabilities for the Government at a later stage.

    Importance of public sector enterprises

    • Going by the annual report (2020-2021) of the Department of Public Enterprises there are 256 operationally-run central public sector undertakings (CPSUs), employing about one million people.
    • They posted a net profit of ₹93,294 crore (FY 2019-20).
    • Ratna Status: Out of these, 96 have been conferred the Ratna status (72, 14, and 10 are Miniratnas, Navaratnas, and Maharatna companies, respectively).
    • As India needs to invest about $1.5 trillion on infrastructure development in order to aspire to become $5 trillion economy by the year 2024-25, according to the Economic Survey 2019-20, public enterprises should be in focus.

    Steps to strengthen public sector businesses

    • Gati Shakti National Master Plan: Recently, the “Pradhan Mantri Gati Shakti National Master Plan” for multi-modal connectivity was launched.
    • It is essentially a digital platform for information sharing among different Ministries and departments at the Union and State levels.
    • Seamless planning and coordinated execution: The plan aims ‘to synchronise the operations of different departments of 16 Ministries including railways and roadways.
    •  Revamping corporate governance structure of PSUs: As enunciated in the Economic Survey 2020-21, an important step for the Government to take to strengthen public sector businesses would be to completely revamp their corporate governance structure in order to enhance operational autonomy augmented with strong governance practices including listing on stock exchange for greater transparency and accountability.
    • Initiative to boost domestic production of steel: The Economic Survey also highlights the Government’s initiatives as part of the Atmanirbhar Abhiyaan in order to boost domestic production in the steel sector.
    • Under it, four different types of steel are included for incentives under the production linked incentive (PLI) scheme; selling steel to Micro, Small and Medium Enterprises (MSMEs), affiliated to Engineering Export Promotion Council of India at export parity price under the duty drawback scheme of the Directorate General of Foreign Trade (DGFT);
    • It also include measures to provide preference to domestically produced iron and steel in government procurement, where aggregate estimate of iron and steel products exceeds ₹25 crore;
    • Protection of domestic industry from unfair trade practices: Protecting industry from unfair trade through appropriate remedial measures including imposition of anti-dumping duty and countervailing duty on the products on which unfair trade practices were adopted by the other countries.

    Conclusion

    More such out-of-the-box policy initiatives are needed to rule out public asset monetisation schemes such as the NMP in future.

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  • Foreign Policy Watch: India-United States

    Fathoming the new world disorder

    op-ed snap | International Relations | Mains Paper 2: Bilateral, Regional and Global Groupings and agreements involving India

    Context

    It may be too early to say how the American withdrawal from Afghanistan would shape regional geopolitics in Asia and the great power contest between the United States and its competitors. But it is certainly one of those developments that will have a far-reaching impact on global politics.

    Two narratives about the US withdrawal from Afghanistan

    • There are two dominant narratives about the American withdrawal.
    • Realignment in foreign policy: The first narrative is that the U.S. exited the country on its own will as it is undertaking a larger realignment in its foreign policy.
    • Failure to win the war: The other one is that the U.S. failed to win the war in Afghanistan and, like in the case of Vietnam, was forced to withdraw from the country.
    • Focus on China: The reorientation that is under way in American foreign policy, focused on China, certainly played a role in the Afghan withdrawal.
    • But that does not obscure the fact that the world’s most powerful military and economic power failed to win the war in Afghanistan against the Taliban even after fighting them for 20 years.

    Erosion of the US’s ability in shaping geopolitical outcomes

    •  The gradual erosion of the U.S.’s ability in shaping geopolitical outcomes in faraway regions has already shaken up the structures of American unipolarity.
    • Withdrawal from Afghanistan is not an isolated incident: The Afghan withdrawal was not an isolated incident.
    • In Iraq and Libya, it failed to establish political stability and order after invasions.
    • It could not stop Russia taking Crimea from Ukraine in 2014. In Syria, it was outmanoeuvred by Vladimir Putin.
    • Finally, the way American troops were withdrawn from Afghanistan and the return of the Taliban to power strengthened this perception of great power fatigue and emboldened America’s rivals to openly challenge the U.S.-centric “rules-based order.”

    Three geopolitical challenges facing the US

    • [1]Aggressive Russia: Russia has amassed about 175,000 troops on its border with Ukraine.
    • Western intelligence agencies claim that Russian President Vladimir Putin could order an invasion of Ukraine.
    • Russian sphere of influence: From the migrant crisis in Belarus to the troop mobilisation in Ukraine, Russia is unmistakably sending a message to the West that the region stretching from the Baltic Sea to the Black Sea, the eastern flank of the North Atlantic Treaty Organization, is a Russian sphere of influence.
    • [2] Iran issue:  Iran, which has stepped up its nuclear programme after the Trump administration unilaterally withdrew the U.S. from the 2015 nuclear deal, has refused to hold direct talks with the U.S. 
    • Iran insists that the U.S. should first remove the sanctions and give assurance that a future President would not violate the terms of the agreement.
    • [3] Assertive China: China is sending dozens of fighter jets into the so-called Taiwan Air Defence Identification Zone almost on a weekly basis, triggering speculation on whether Beijing was considering taking the self-ruled island by force.
    • As the U.S. is trying to shift its focus to the Indo-Pacific region to tackle China’s rise, China is becoming more and more assertive in its periphery, seeking strategic depth.

    Implications

    • Limited choice: The pivot to Asia has limited America’s options elsewhere. For example, what could the U.S. do to deter Mr. Putin from making the next military move in Europe.
    • With regard to Iran, if the U.S. blinks first and lifts the sanctions, it could be read as another sign of weakness.
    • If it does not and if the Vienna talks collapse, Iran could continue to enrich uranium to a higher purity, attaining a de facto nuclear power status without a bomb (like Japan), which would be against America’s declared goals in West Asia.
    • The Afghan withdrawal and the downsizing in West Asia suggest that America’s strategic focus has shifted towards China.

    Conclusion

    This transition, from American unipolarity into something that is still unknown, has put America in a strategic dilemma: Should it stay focused on China, preparing itself for the next bipolar contest; or continue to act as a global policeman of the liberal order that is under attack from multiple fronts?

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  • Climate Change Negotiations – UNFCCC, COP, Other Conventions and Protocols

    India votes against Resolution on Climate Change at UNSC

    | Enviro & Biodiversity | Mains Paper 1: Important Geophysical Phenomena

    India has voted against a draft resolution at the United Nations Security Council (UNSC) linking climate to security.

    About United Nations Security Council

    • The UNSC is one of the six principal organs of the United Nations and is charged with the maintenance of international peace and security.
    • Its powers include the establishment of peacekeeping operations, the establishment of international sanctions, and the authorization of military action through Security Council resolutions.
    • It is the only UN body with the authority to issue binding resolutions to member states.

    Its members

    • The Security Council consists of fifteen members. Russia, the United Kingdom, France, China, and the United States—serve as the body’s five permanent members (P5).
    • These permanent members can veto any substantive Security Council resolution, including those on the admission of new member states or candidates for Secretary-General.
    • The Council also has 10 non-permanent members, elected on a regional basis to serve two-year terms.
    • The body’s presidency rotates monthly among its members.

    What was the recent draft about?

    • The objective of the draft was to examine how terrorism and security risks could be linked to climate change.

    Reasons cited by India

    • Deviation from UNFCCC: The draft was an attempt to shift climate talks from the UN Framework Convention on Climate Change (UNFCCC) to the Security Council and a “step backward” for collective action on the issue.
    • Evasion of responsibility: The attempt to discuss climate action and climate justice issues at the UNSC was “motivated by a desire to evade responsibility in the appropriate forum.”
    • Veto hegemony over Climate Action: Countries are attempting to bring climate talks to the UNSC so that decisions could be taken without consensus or the involvement of most developing countries.
    • Historic pollutants: Many of the UNSC members were the primary contributors to climate change due to historical emissions.
    • Overtly ambitious targets: Indian officials had said at the conclusion of COP26 that India alone would need a trillion dollars by 2030 to achieve its climate ambitions.

    Significance of UNFCC

    • The UN already has a specialized agency, the UNFCCC, for discussing all matters related to climate change.
    • The parties to the UNFCCC — over 190 countries — meet several times every year, including at a two-week year-ending conference like the one at Glasgow, to work on a global approach to combat climate change.
    • It is this process that has given rise to the Paris Agreement, and its predecessor the Kyoto Protocol, the international instrument that is designed to respond to the climate change crisis.

    Arguments in favor of UNSC in climate talks

    • Preventing conflicts: The UNSC exists primarily to prevent conflicts and maintain global peace.
    • International security: A few EU countries, led by Germany, have been pushing for a role for UNSC in climate change discussions citing international security dimensions.
    • Climate-led conflicts: Climate change-induced food or water shortage, loss of habitat or livelihood, or migration can exacerbate existing conflicts or even create new ones.
    • UN Peacekeeping: This can have implications for the UN field missions that are deployed across the world in peacekeeping efforts.

    Issues with UNSC

    • Veto by Russia and China: These two permanent members have always been opposed to the move to bring climate change on the Security Council agenda.
    • Lack of expertise: The opposing countries claim that the UNSC does not have the expertise as compared to UNFCCC.
    • Lack of consensus: Unlike UNFCCC, where decisions are taken by consensus of all the 190-plus countries, the UNSC would enable climate change decision-making by a handful of developed countries.

    India is in highlight again

    • This was the second time that India went against the tide to block a climate change-related proposal that it did not agree with.
    • At the Glasgow COP, India had forced a last-minute amendment in the final draft agreement to ensure that a provision calling for “phase-out” of coal was changed to “phase-down”.

     

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  • Health Sector – UHC, National Health Policy, Family Planning, Health Insurance, etc.

    Amendment to the NDPS Act

    | Governance | Mains Paper 2: Health & Education

    The Narcotic Drugs and Psychotropic Substances (Amendment) Bill, 2021 was passed by Lok Sabha.

    Must read:

    [Burning Issue] Substance Abuse in India

    About NDPS Act

    • The Narcotic Drugs and Psychotropic Substances Act, commonly referred to as the NDPS Act was promulgated in 1985.
    • It prohibits a person from the production/manufacturing/cultivation, possession, sale, purchasing, transport, storage, and/or consumption of any narcotic drug or psychotropic substance

    What is the 2021 amendment?

    • The 2021 Bill amends the Narcotic Drugs and Psychotropic Substances Act, 1985 and seeks to rectify a drafting “anomaly” created by a 2014 amendment to the parent legislation.
    • It contains a legislative declaration about what one section refers to.
    • It says Section 2 clause viii(a) corresponds to clause viii(b) in Section 27, since 2014 when the provision was first brought in.
    • Section 27A of the NDPS Act, 1985, prescribes the punishment for financing illicit traffic and harbouring offenders.

    Earlier amendment in 2014

    • In 2014, a substantial amendment was made to the NDPS Act to allow for better medical access to narcotic drugs.
    • It defined “essential drugs”; under Section 9 and allowed the manufacture, possession, transport, import inter-State, export inter-State, sale, purchase, consumption and use of essential narcotic drugs.
    • But before the 2014 amendment, a Section 2(viii)a already existed and contained a catalogue of offences for which the punishment is prescribed in Section 27A.

    What is Section 21A?

    • Section 27A reads: Whoever indulges in financing, directly or indirectly or harbours any person engaged in any of the aforementioned activities, shall be punishable with rigorous imprisonment.
    • The term shall not be less than ten years and may extend to twenty years.
    • The accused shall also be liable to fine which shall not be less than one lakh rupees but which may extend to two lakh rupees.

    What was the drafting “anomaly”?

    • While defining “essential drugs” in 2014, the legislation re-numbered Section 2.
    • The catalogue of offences, originally listed under Section 2(viii)a, was now under Section 2(viii)b.
    • In the amendment, Section 2(viii)a defined essential narcotic drugs.
    • However, the drafters missed amending the enabling provision in Section 27A to change Section 2(viii)a to Section 2(viii)b.

    What was the result of the drafting error?

    • Section 27A punished offences mentioned under Section 2(viiia) sub-clauses i-v.
    • However, Section 2 (viiia) sub-clauses i-v, which were supposed to be the catalogue of offences, does not exist after the 2014 amendment. It is now Section 2(viiib).
    • This error in the text meant since 2014, Section 27A was inoperable.

    When was the error noticed?

    • In June this year, the Tripura High Court, while hearing a reference made by the district court, flagged the drafting error, urging the Centre to bring in an amendment and rectify it.
    • In 2016, an accused had sought bail before a special judge in West Tripura in Agartala, citing this omission in drafting.

    Why can’t it be applied retrospectively?

    • Article 20(1) of the Constitution says that no person shall be convicted of any offence except for violation of the law in force at the time of the commission.
    • The person shall not be subjected to a penalty greater than that which might have been inflicted under the law in force at the time of the commission of the offence.
    • This protection means that a person cannot be prosecuted for an offence that was not a “crime” under the law when it was committed.

    Does the latest amendment make it retrospective?

    • In September, the government brought in an ordinance to rectify the drafting error, which Lok Sabha. “It shall be deemed to have come into force on the 1st day of May 2014,” the Bill reads.
    • Retrospective application is permitted in clarificatory amendments.
    • This 2021 amendment is not a substantive one, that is why the retrospective is allowed.

     

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