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  • Placing semicon diplomacy at the heart of India’s foreign policy

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

    Context

    The current decade presents a unique opportunity to India. . India must seize this opportunity and become an attractive alternative destination for semiconductor manufacturing.

    Importance of semiconductors

    • Semiconductor chips are the lifeblood of the modern information age.
    • The semiconductor is the cornerstone of all electronic products.
    • They enable electronic products to compute and control actions that simplify our lives.
    • These semiconductor chips are the drivers for ICT development and one of the key reasons for the current flattening of the world

    Global cooperation driven by semiconductors

    • The manufacturing cycle of a semiconductor chip from sand to a finished product, sees it change hands approximately 70 times across international borders.
    • Concentrated in few geographies: The semiconductor manufacturing capacities are concentrated in a few geographies.
    • Nearly all leading edge (sub 10nm) semiconductor manufacturing capacity is limited to Taiwan and South Korea, with nearly 92 per cent located in the former.
    • Further, 75 per cent of the semiconductor manufacturing capacity is concentrated in East Asia and China.

    Opportunity for India

    • Companies are looking to diversify their supply chain and for alternatives to their bases in China.
    • The chip shortages due to Covid-19 have hit automakers with a revenue loss of $110 bn in 2021.
    • The Russia-Ukraine conflict and its implications for raw material supplies for the semiconductor value chain has also poised chipmakers to invest in strengthening the semicon supply chain.
    • India must seize this opportunity and become an attractive alternative destination for semiconductor manufacturing.
    • The way ahead is conceptualising a semicon diplomacy action plan.
    • Placing semicon diplomacy at the heart of India’s foreign policy is essential both strategically and economically.
    • The multiplier effect on the economy: The establishment of the value chain for semiconductors would ensure a multiplier effect on the entire economy. 
    • National security implications: Semiconductors are used in critical infrastructures such as communication, power transmission etc., that have implications for national security. 
    • Reducing the BoP: Domestic production would be saving forex and reducing the balance of payments, especially vis a vis China.

    Way forward: Leveraging Semicon diplomacy

    • One of the ways of leveraging semicon diplomacy is increasing multilateral and bilateral cooperation.
    • Role of Quad: A key institution with immense potential in this regard is the Quad.
    • Australia, being rich in raw materials required for semiconductors, can be an important supplier to fill in India’s deficits.
    • The US and Japan can be leveraged for capacity building and their advanced semiconductor technology in logic and memory segments.
    • Pivot India’s Act East Policy: Considering that the semiconductor manufacturing and testing bases are heavily concentrated in East Asia, the Act East policy provides an opportunity to connect and strengthen ties with key players in the region.
    • Technological exchanges with ASEAN: Frequent technological exchanges between a regional bloc like ASEAN via tracks in forums like the East Asia Summit and the ASEAN regional forum will be beneficial.
    • Collective growth: Attaining self-sufficiency in semiconductor manufacturing can mean collective growth of the South Asian region.
    • India needs to harness its strengths, such as the strong presence of global EMS players, diaspora, world-class design ecosystem, demographic dividend, and use it as a pedestal for global partnerships and outreach.

    Conclusion

    India’s concept of self-reliance is not an individualistic endeavour but one that encourages growth and prosperity of all, in the spirit of Vasudhaiva Kutumbakam, meaning the entire world is one family. Similarly, we don’t have an option but to be self-reliant in semiconductors.

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  • Important Judgements In News

    Mother Nature a ‘living being’ with legal entity: Madras HC

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

    Holding that it is the right time to confer juristic status to ‘Mother Nature’, Justice S. Srimathy of the Madurai Bench of Madras High Court invoked the ‘parens patriae jurisdiction’, and declared ‘Mother Nature’ as a ‘living being’ having the status of a legal entity.

    What is the news?

    • The Madras HC observed that ‘Mother Nature’ was accorded the rights akin to fundamental rights, legal rights, constitutional rights for its survival, safety, sustenance and resurgence in order to maintain its status and also to promote its health and well-being.

    Legal rights for nature: A backgrounder

    • The movement for legal personhood for the environment and animals began in the 1970s.
    • This concept was articulated by Christopher D. Stone in his thesis, Should Trees Have Standing.
    • In this compelling piece, the author makes an argument for the environment to have independent legal rights, much like what was granted by the judgment of the Uttarakhand High Court in 2017.
    • He highlights how the theory of rights has developed over the years and that many inanimate objects have both rights and legal duties. They can sue and be sued.

    What is the case for Madras HC’s personification of nature?

    • The Madras HC has made a personification of nature that focuses on the life-giving and nurturing aspects of nature by embodying it, in the form of the mother.
    • It observed that the court is hereby declaring ‘Mother Nature’ a ‘living being’ having the status of a legal person with all corresponding rights, duties and liabilities of a living person, in order to preserve and conserve it.
    • The State and Central governments are directed to protect ‘Mother Nature’ and take appropriate steps in this regard in all possible ways.

    A different course: Ecological Jurisprudence

    • The onset of climate change and the potential mass extinction of species is accompanied by the gradual closing window of opportunity to take meaningful action.
    • Activists around the world are calling for anthropocentric legal and governance systems to be replaced with ecocentric ones.
    • The last 15 years have seen a dramatic increase in the number of laws based on ecological jurisprudence.
    • Ecological jurisprudence is a philosophy that sees nature not as a set of objects to be exploited but as a community of subjects (humans and non-humans) who are connected through interdependent, reciprocal relationships.

    India’s typical case

    • In 2017, the Uttarakhand HC ruled (in two separate orders) that the Ganga, the Yamuna, their tributaries, and the glaciers and catchments feeding these rivers in Uttarakhand had rights as a “juristic/legal person/living entity”.
    • In 2018, the same HC ruled that the entire animal kingdom had rights similar to that of a living person (Narayan Dutt Bhatt vs Union of India).
    • In March 2020, the Punjab and Haryana High Court passed an order declaring the Sukhna Lake in Chandigarh city a living entity, with rights equivalent to that of a person.

    Beyond Rights

    • Law is a modern human construct. It not only talks in the language of rights and duties that only humans understand but also operationalizes them in a way that can further entrench human-centeredness.
    • In most cases where nature’s rights are recognized in law, they have done so by extending to it the concept of “personhood” in other words, akin to humans and, therefore, having human rights.
    • Hence, any such movement on recognizing the rights of the rest of nature must challenge the fundamental forms of injustices, including capitalism, stateism, anthropocentrism and patriarchy.

    Significance of such status

    • These rights-based laws granting legal personhood for nature aim to shift the legal status of the natural world from being human property to living entities in their own right and subjects of law.
    • This guarantees their right to exist, thrive, evolve and maintain their natural cycles.
    • These rights are not conferred by humans; it is a recognition that these rights have always existed.
    • It lays upon humans the duty to act as guardians for the more-than-human world.

    Issues of implementation

    • Assuming that these rights are recognised, nature or any of its entity cannot represent itself in a court of law.
    • Moreover there is the issue of custodianship.

    What would account for violations?

    • The Uttarakhand court order did not mention what amounted to violation of rights of rivers.
    • In order to be able to truly exercise the rights and implement appropriate redressal, there is a need for a comprehensive definition of the actions that amount to “violation of the rights”.
    • Say, the violation of the rights of rivers may be defined as “any obstruction or impediment that disables the entity from performing its essential ecological functions”.

    Restitution and compensation

    • The New Zealand law has an extensive section lending itself to restitutive, restorative and compensatory action.
    • It acknowledged the government’s decisions and actions for more than a century that resulted in the violation of the health of the Whanganui and the rights, culture and well-being of the indigenous people living along the river.
    • Several specific examples were given, including the dismantling of traditional structures for fishing and river use, a hydroelectric project and mining.
    • Such an acknowledgment is a necessary first step towards seeking appropriate restitutive and compensatory measures.

    Another question: Bioregional Governance

    • Recognizing river ecosystems or other entities of nature as having rights offers the possibility of managing and governing habitats based on the ecological realities of the region.
    • It brings out the bizarre fact that the human-drawn nation state, and political lines on maps in various parts of the world have created conflict situations or disrupted ancient cultural and ecological flows and relations.
    • We need to begin reimagining governance from a bioregional governance point of view.
    • This would also mean bridging the gap between the customary ways of decision making and the current legal frameworks.
    • There is a need for more imaginative lawyers, activists and judges to help move towards an eco-centric and diverse legal framework.

    Way forward

    • There is a need for a comprehensive system to implement and protect their rights.
    • The rights can be safeguarded using the principles of custodianship.
    • The Uttarakhand High Court order named several government functionaries and a couple of independent lawyers as “parents”.
    • An alternative solution is that custodianship or guardianship be given to a body of local communities associated with the river.
    • These communities have traditional or customary rights of the river such as fisherfolk, farmers along the riverbank, and people directly engaged in river-related services.

     

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  • Civil Services Reforms

    What are the rules for resignation and reinstatement of an IAS officer?

    | Governance | Mains Paper 2: Civil Service

    A decorated Indian Administrative Service (IAS) officer and UPSC CSE topper from 2010, who resigned from the service in protest against the “unabated” killings in Kashmir in 2019, has been reinstated.

    What rules apply when an IAS officer chooses to resign?

    • A resignation is a formal intimation in writing by an officer of his/her intention or a proposal to leave the IAS, either immediately or at a specified date in the future.
    • Guidelines of the Department of Personnel, the cadre controlling department for the IAS, say that a resignation has to be clear and unconditional.
    • The resignation of an officer of any of the three All-India Services — IAS, the IPS and IFoS — is governed by Rules 5(1) and 5(1)(A) of the All India Services (Death-cum-Retirement Benefits) Rules, 1958.
    • There are similar rules for resignation of officers belonging to the other central services as well.
    • Resignation from service is entirely different from accepting the government’s Voluntary Retirement Scheme (VRS).

    To whom must the resignation of an IAS officer be submitted?

    • An officer serving in a cadre (state) must submit his/her resignation to the chief secretary of the state.
    • An officer who is on central deputation is required to submit his/her resignation to the secretary of the concerned Ministry or Department.
    • The Ministry/Department then forwards the officer’s resignation to the concerned state cadre, along with its comments or recommendations.

    What happens after the resignation is submitted?

    • The state checks to see if any dues are outstanding against the officer, as well as the vigilance status of the officer or whether any cases of corruption etc. are pending against him/her.
    • In case there is such a case, the resignation is normally rejected.
    • Before forwarding the resignation to the central government, the concerned state is supposed to send information on the issues of dues and vigilance status, along with its recommendation.
    • The resignation of the officer is considered by the competent authority, i.e., the central government, only after the recommendation of the concerned cadre has been received.
    • The competent authorities are: Minister of State at the DoPT in respect of the IAS, the MHA in respect of the IPS, and the MoEFCC in respect of the Forest Service.
    • Being the minister in charge of the DoPT, the Prime Minister himself takes decisions currently in respect of the IAS.

    Under what circumstances is a resignation accepted or rejected?

    • A circular issued by the DoPT on February 15, 1988 regarding resignation says that it is not in the interest of the government to retain an officer who is unwilling to serve.
    • The general rule, therefore, is that the resignation of an officer should be accepted — except in certain circumstances.
    • The references are made regarding the merit of the disciplinary case pending against the Government servant and whether it would be in the public interest to accept the resignation.
    • In some cases, resignations have been rejected because disciplinary cases were pending against officers.
    • In such cases, concurrence of the Central Vigilance Commission (CVC) is obtained.
    • The government also checks whether the concerned officer had executed any time-bond to serve the government.

    Is an officer allowed to withdraw a resignation that has already been submitted?

    • Rule 5(1A)(i) of the amended DCRB Rules says the central government may permit an officer to withdraw his/her resignation “in the public interest”.
    • An amendment in the Rules in 2011 states the member is allowed to resume duty as a result of permission to withdraw the resignation is not more than 90 days”.
    • The request for withdrawal of resignation shall NOT be accepted where a member of the Service resigns to be associated with any active politics/ political parties.

    And under what circumstances is the withdrawal of an officer’s resignation accepted?

    • The 2011 guidelines say that if a resigned officer resignation sends an intimation in writing withdrawing it before its acceptance by the competent authority, the resignation will be deemed to have been automatically withdrawn.
    • The officer under discussion had resigned on January 9, 2019, but his resignation was not processed.

     

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  • Climate Change Impact on India and World – International Reports, Key Observations, etc.

    What are Heatwaves?

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

    India is gripped in the wrath of a long spell of heatwaves that too in the early month of April.

    What is a Heatwave and when is it declared?

    • Heatwaves occur over India between March and June.
    • IMD declares a heatwave event when the maximum (day) temperature for a location in the plains crosses 40 degrees Celsius.
    • Over the hills, the threshold temperature is 30 degrees Celsius.

    How are they formed?

    • Heatwaves form when high pressure aloft (3,000–7,600 metres) strengthens and remains over a region for several days up to several weeks.
    • This is common in summer (in both Northern and Southern Hemispheres) as the jet stream ‘follows the sun’.
    • On the equator side of the jet stream, in the upper layers of the atmosphere, is the high pressure area.
    • Summertime weather patterns are generally slower to change than in winter. As a result, this upper level high pressure also moves slowly.
    • Under high pressure, the air subsides (sinks) toward the surface, warming and drying adiabatically, inhibiting convection and preventing the formation of clouds.
    • Reduction of clouds increases shortwave radiation reaching the surface.
    • A low pressure at the surface leads to surface wind from lower latitudes that brings warm air, enhancing the warming.
    • Alternatively, the surface winds could blow from the hot continental interior towards the coastal zone, leading to heat waves.

    Following criteria are used to declare heatwave:

    To declare heatwave, the below criteria should be met at least in 2 stations in a Meteorological subdivision for at least two consecutive days and it will be declared on the second day.

    1. a) Based on Departure from Normal
    • Heat Wave: Departure from normal is 4.5°C to 6.4°C
    • Severe Heat Wave: Departure from normal is >6.4°C
    1. b) Based on Actual Maximum Temperature (for plains only)
    • Heat Wave: When actual maximum temperature ≥ 45°C
    • Severe Heat Wave: When actual maximum temperature ≥47°C

    How long can a heatwave spell last?

    • A heatwave spell generally lasts for a minimum of four days. On some occasions, it can extend up to seven or ten days.
    • The longest recorded heatwave spell, in recent years, was between 18 and 31 May 2015.

    Impact of Heat Waves:

    Heat Strokes: The very high temperatures or humid conditions pose an elevated risk of heat stroke or heat exhaustion.

    Older people and people with chronic illness such as heart disease, respiratory disease, and diabetes are more susceptible to heatstroke, as the body’s ability to regulate heat deteriorates with age.

    Increased Healthcare Costs: Effects from extreme heat are also associated with increased hospitalisations and emergency room visits, increased deaths from cardio-respiratory and other diseases, mental health issues, adverse pregnancy and birth outcomes, etc.

    Lessens Workers’ Productivity: Extreme heat also lessens worker productivity, especially among the more than 1 billion workers who are exposed to high heat on a regular basis. These workers often report reduced work output due to heat stress.

    Risk of Wildfires: The heat domes act as fuel to wildfires, which destroys a lot of land area every year in countries like the US.

    Prevents Cloud Formation: The condition also prevents clouds from forming, allowing for more radiation from the sun to hit the ground.

    Effect on Vegetation: The trapping of heat can also damage crops, dry out vegetation and result in droughts.

    Increased Energy Demands: The sweltering heat wave also leads to rise in energy demand, especially electricity, leading to pushing up rates.

    Power Related Issues: Heat waves are often high mortality disasters.

    Avoiding heat-related disasters depends on the resilience of the electrical grid, which can fail if electricity demand due to air conditioning use exceeds supply.

    As a result, there is the double risk of infrastructure failure and health impacts.

    • Initiatives Taken:
      • Global:
        • Global forums dealing with climate change issues—such as the World Health Organization, World Economic Forum, First Global Forum on Heat and Health, and the Global Forum for Environment-OECD—also focus on heat waves by investing in research on health risks of extreme heat, climate and weather information, advice on surviving heat waves, partnerships and capacity building, and communications and outreach.
      • Indian:
        • The National Disaster Management Authority (NDMA) has issued guidelines on dealing with heatwaves.
          • However, India does not recognise heatwaves as a disasterunder its Disaster Management Act (2005).

    Way Forward

    • Adopting A More Sensitive Approach: The impact of such excessive heat needs to be understood from the point of view of common people — daily labourers; farmers; traders; fishermen etc.
      • Beyond numbers and graphs that capture the impact of the climate crisis, the human experience of living in oppressive heat needs to be understood by policymakers and measures should be taken accordingly.
    • Cooling Shelters: The government should come out with a policy to deal with the suffering and disability caused by heat extremes in different parts of the country.
      • Water kiosks, staggered outdoor work hours, cool roofs for buildings and homes are certain things that should be put in place immediately.
      • A number of emergency cooling shelters can be opened so that people without domestic air conditioning units can escape the heat.
        • Portable air-conditioning units, along with fans and even ice are also useful.
    • Passive Cooling to Reduce Urban Heat Islands: Passive cooling technology, a widely-used strategy to create naturally ventilated buildings, can be a vital alternative to address the urban heat island for residential and commercial buildings.
      • The IPCC report cites ancient Indian building designs that have used this technology, which could be adapted to modern facilities in the context of global warming.
    • Action Plans Similar to Ahmedabad: As per the IPCC Report, Ahmedabad has shown the way to combat heat extremes by heat-proofing buildings.
      • After the heat action plan was implemented in 2013 in Ahmedabad, heat-related mortality reduced by 30% to 40% over the years. Similar plans like that of Ahmedabad can be implemented in vulnerable regions.
    • Replacing Dark Roofs: A big reason that cities are so much hotter than rural areas is that they are covered by dark roofs, roads and parking lots that absorb and retain heat.
      • One of the long term solutions can be replacing the dark surfaces with lighter and more reflective materials; it will result in a comparatively cooler environment.

     

     

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  • Government Budgets

    Managing the fiscal shock of the Russia-Ukraine conflict

    op-ed snap | Economics | Mains Paper 3: Government Budgeting,Indian Economy

    Context

    The Union Budget 2022-23 received a great deal of attention even before the financial year began due to the Russia-Ukraine conflict, and the consequent rise in inflation. There has been considerable speculation on whether the fiscal targets will be altered due to the evolving conditions.

    Estimate of GDP

    •  The critical estimate of GDP growth assumed for this year has certainly changed, with the RBI also adjusting its earlier forecast.
    • However, the budget was conservative to begin with, assuming an 11.1 per cent growth estimate on which its revenue collection targets were based.
    • Given that real GDP growth has been scaled down by the RBI to 7.2 per cent, and as inflation has gone up, on balance, the 11.1 per cent assumption looks tenable.
    • Hence, inflation has been a positive for the government in this respect.

    Tax collection

    • Another positive that emerged last year was that overall tax collections were even more buoyant than expected.
    • From the budgeted figure of Rs 22.17 lakh crore, the revised estimates raised the target to Rs 25.16 lakh crore.
    • In comparison, actual collections have turned out to be even higher at Rs 27.07 lakh crore.
    • If this buoyancy is maintained, then the government can expect the 2022-23 target of Rs 27.57 lakh crore to be exceeded by around Rs 2.5 lakh crore (of this, around 30 per cent will go to the states).
    • This additional revenue would ideally flow from enhanced GST collections, corporate tax, and customs.
    • Central to GST collections increasing is private consumption.
    • Today, high inflation erodes the purchasing power of households, which will divert a larger portion of their incomes for necessities that have become expensive.
    • Therefore, there will be uncertainty here. 
    • Corporates did well last year as they did manage to pass on higher input costs to the consumers, especially in the second half of the year.
    • Can they do it for the second time is the question.
    • High growth in trade volumes led to the government raking in higher customs collections. W
    • ith global growth set to slow down in 2022, a similar flow is unlikely.

    Excise collection and challenges

    • The government will be watchful of excise collections as it is possible that rising fuel prices will lead to lower consumption.
    • Also, in case crude oil continues on the current path and remains in the region of $100-120/barrel, a call may have to be taken by the government on the excise duty: Once the prices of diesel and petrol remain at a new threshold, there will be a tendency for freight rates to be increased permanently.
    • This will have a secondary impact on inflation. 

    Disinvestment challenges

    • On the revenue side, the LIC disinvestment that was to happen last year will materialise this year.
    • The disinvestment has been pushed through for May, but would be of a much lower amount (around Rs 21,000 crore) than envisaged earlier.
    • It will be interesting to see if this would be a part of the Rs 65,000 crore target for this year.

    Uncertainty on the expenditure side

    • The biggest concern will be the fertiliser subsidy, which has been a volatile expenditure item.
    • Higher prices of natural gas have meant that fertilisers have been more expensive and so, the budgeted amount of Rs 1.05 lakh crore will have to be revisited.
    • With inflation already high and agriculture expected to be the bright spot again, the government cannot risk ignoring the subsidy element on fertilisers because there can be an impact on farm product prices.
    • The food subsidy will also need to be examined.
    • The present rise in food prices globally has meant that there is a good global market, especially for wheat.
    • Exports for wheat and maize might rise but can distort the procurement process.

    Interest rate and its implications for borrowing

    • The budget had assumed that interest rates would be stable.
    • However, conditions have changed quite quickly with bond yields moving up by almost 50 bps for the 10-year G-secs.
    • This will mean that the entire Rs 15.95 lakh crore of gross borrowing will have to be carried out at a higher cost.
    • This can result in an additional Rs 8,000 crore of interest if the 50 basis points increase holds through the year. There could be an upward bias if rates go up further.

    Conclusion

    The longer the conflict continues the greater will be the impact. While the government has adeptly managed the fiscal numbers in the last couple of years, this year will be particularly challenging considering the nature of the shock.

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  • Policy Wise: India’s Power Sector

    How to shock-proof India’s power sector

    | Economics | Mains Paper 3: Infrastructure: Energy, Ports, Roads, Airports, Railways Etc.

    Context

    The reports of coal-shortage induced power outages across states continue to pour in.

    Reasons for volatility in the power sector

    • Demand-supply mismatch: As economic activity resumed after the Covid-induced lockdowns, the demand-supply mismatch for commodities such as coal widened globally, leading to a surge in prices.
    • Geopolitical factors: Global supply disruptions due to the Russia-Ukraine conflict have sent coal prices touching historical highs.
    • The cost of imported coal in India is expected to be 35 per cent higher in the fiscal year 2022-23 compared to the past year.
    • Sudden rise in energy demand: Even as coal stocks available with state thermal power plants fell, India also witnessed a sudden rise in energy demand in March — the hottest in its recorded history.

    Suggestions to make the power sector resilient

    • The Ministry of Power has taken a host of measures to alleviate the crisis.
    • This includes giving directions to ensure maximum production of coal at captive mines, rationing of coal to non-power sectors, and a price cap of Rs 12 per unit on electricity traded on exchanges.
    • But we need to do more to enhance the sector’s resilience to such disruptions from exogenous factors.

    1] Create an enabling ecosystem to ensure power plants work efficiently

    • India has about 200 GW of coal-based generation capacity which accounts for nearly 70 per cent of the total electricity generated in the country.
    • However, according to a CEEW assessment, a disproportionate share of generation comes from older inefficient plants, while the newer and efficient ones remain idle for want of favourable coal supply contracts or power purchase agreements.
    • Revisiting fuel allocation and supporting the priority dispatch of efficient plants could help India reduce coal demand by up to 6 per cent of our annual requirement, and set aside more coal for the proverbial rainy day.

    2] Smart assessment and management of demand

    •  Enable discoms to undertake smart assessment and management of demand.
    • We have advanced tools for medium- and short-term demand forecasting.
    • However, few discoms have embraced these to inform their procurement decisions.
    • Introducing time-of-day pricing and promoting efficient consumption behaviour would help shave peak demand and avoid panic buying in the market.

    3] Empower electricity regulators to help bring down discom losses

    • Despite two decades of sectoral reforms, the aggregate losses of discoms stand at 21 per cent (2019-20).
    • This is reflective of both operational inefficiency and poor recovery of dues from consumers, including those affiliated with state governments and municipal bodies.
    • These losses are also the reason for discoms not being able to pay the generators on time, resulting in payment delays to Coal India, which, in turn, is reluctant to supply coal on request.
    • Infuse payment discipline: Besides the ongoing initiatives like introducing smart meters and network strengthening, empowering regulators would be critical to infuse payment discipline across the supply chain of the electricity sector and to keep cost recovery as a key metric.

    Conclusion

    Given the country’s development aspirations, India’s power demand is set to rise substantially and become more variable. We need to act now for the long-term resilience of India’s power sector.

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  • North-East India – Security and Developmental Issues

    Status of the Naga Peace Talks

    | Polity | Mains Paper 2: Federalism

    The annual report of the Ministry of Home Affairs (MHA) released a report on insurgency-related incidents in Nagaland.

    It recently said that the Isak-Muivah faction of the National Socialist Council of Nagaland (NSCN-IM) was involved in 44% of insurgency-related incidents in 2020.

    Why in news?

    • The Union government had, in 2015, signed a framework agreement with the NSCN-IM to find a solution to the Naga political issue.
    • The negotiations are yet to be concluded.

    Who are the Nagas?

    • The term Naga was created by the British for administrative convenience to refer to a group of tribes with similar origins but distinct cultures, dialects, and customs.
    • The Naga tribes are accumulated in Nagaland, Arunachal Pradesh, Manipur, and Myanmar.

    Why did the Naga insurgency begin?

    • Residing in the Naga hills of Assam during the advent of the British and the annexation of Assam in 1820, the Nagas did not consider themselves a part of British India.
    • The British adopted a way of governance over the Nagas that involved keeping in place their traditional ways of life, customs, and laws while putting British administrators at the top.
    • At the time of the withdrawal of the British, insecurity grew among the Naga tribes about the future of their cultural autonomy after India’s independence.
    • This was accompanied by the fear of the entry of “plains people” or “outsiders” into their territory.

    Do you know?

    In a memorandum to the Simon Commission in 1929, representatives of Naga tribes demanded that Nagas be left free after Independence and not be included in the Indian Union.

    Collective actions of the Nagas

    • Above mentioned factors gave rise to the formation of the Naga Hills District Tribal Council in 1945, which was renamed the Naga National Council (NNC) in 1946.
    • Amid uncertainties over the post-independence future of the Nagas, a section of the NNC, led by Naga leader A.Z. Phizo declared the independence of the Nagas on August 14, 1947.
    • The underground insurgency began in the early 1950s when Mr. Phizo founded the Naga Federal Government (NFG) and its armed wing, the Naga Federal Army (NFA).

    Outcome of the then insurgency

    • The Central Government sent the armed forces into Naga areas to curb the insurgency.
    • It imposed the contentious Armed Forces Special Powers Act (AFSPA) which is still in place in parts of Nagaland.
    • The Nagas, led by Mr. Phizo, demanding an independent state outside of India, boycotted the 1952 and 1957 general elections and armed clashes grew.
    • Unlike other groups in the north east which were accepting some form of autonomy under the Constitution, Nagas rejected this in favour of sovereignty.

    Negotiations with the govt

    • Some leaders among the NNC formed their own group to hold discussions with the government, leading to the formation of the State of Nagaland in 1963.
    • This, however, did not satisfy many in the NNC and NFG, who, following years of negotiations with the government, eventually signed the Shillong Accord of 1975, agreeing to surrender arms and accept the Constitution.

    When did the NSCN come into the picture?

    • This signing of the Shillong Accord was not agreeable with many top leaders of the NNC and those operating from Myanmar.
    • A/c to them, the agreement did not address the issue of Naga sovereignty and coerced them to accept the Constitution.
    • Three NNC rebel leaders, formed the National Socialist Council Of Nagaland (NSCN) to continue the armed movement for ‘independence’.

    Again split in NSCN

    • In 1988, after years of infighting and violent clashes along tribal lines and over the main cause of the movement, the NSCN split into two factions.
    • One, led by Mr. Muiwah and Swu called the NSCN-IM and the other, led by Mr. Khaplang called the NSCN-K.
    • The NSCN-IM demanded and continues to demand for ‘Greater Nagaland’ or Nagalim.
    • It wants to extend Nagaland’s borders by including Naga-dominated areas in the neighbouring States of Assam, Manipur and Arunachal Pradesh.
    • The NSCN-IM has now grown to become the most powerful insurgent group, also playing a role in the creation of smaller groups in other States.

    Where do the peace talks stand now?

    • In 1997, the Government of India got the NSCN-IM to sign a ceasefire agreement to begin the holding of talks with the aim of signing a Naga Peace Accord.
    • After this ceasefire, there have been over a hundred rounds of talks spanning over 24 years between the Centre and the insurgent group, while a solution is still awaited.

    Issues of contention

    • Independence celebration: Nagas across Nagaland, Manipur, Assam and Arunachal Pradesh celebrate August 14 as Independence Day. According to Naga historians, Gandhi agreed that the Nagas would celebrate their independence a day ahead of India, on August 14, 1947.
    • Naga flag: In the Naga narrative, passed down generations by word of mouth, the Naga flag was not designed by a mortal but is of divine origin.
    • Secessionist tendencies: A large section of the Nagas still holds dear the idea of the Naga identity and their tribal roots.

    Way ahead

    • The Naga struggle claimed thousands of lives over decades and devastated countless homes, all over the idea of a sovereign Naga nation.
    • If the NSCN (I-M) accedes to economic and political packages alone, without a separate flag and constitution, it remains to be seen whether it will be seen as a solution, or as a defeat.

     

    Also read,

    [Burning Issue] Naga Peace Talks

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  • Foreign Policy Watch: India-China

    What is China’s Global Security Initiative?

    IOCR | International Relations | Mains Paper 2: Bilateral, Regional and Global Groupings and agreements involving India

    Chinese President Xi Jinping last week proposed a “Global Security Initiative” to promote security for all in the globe.

    What is Global Security Initiative?

    • Conceived as a global public good, the initiative seeks to promote world peace and stability by fostering equity and justice among nations.
    • To do this, Xi defined his proposal in six areas:
    1. Stay committed to the vision of common, comprehensive, cooperative and sustainable security, and work together to maintain world peace and security;
    2. Stay committed to respecting the sovereignty and territorial integrity of all countries, uphold non-interference in internal affairs, and respect the independent choices of development paths and social systems made by people in different countries;
    3. Stay committed to abiding by the purposes and principles of the UN Charter, reject the Cold War mentality, oppose unilateralism, and say no to group politics and bloc confrontation;
    4. Stay committed to taking the legitimate security concerns of all countries seriously, uphold the principle of indivisible security, build a balanced, effective and sustainable security architecture, and oppose the pursuit of one’s own security at the cost of others’ security;
    5. Stay committed to peacefully resolving differences and disputes between countries through dialogue and consultation, support all efforts conducive to the peaceful settlement of crises, reject double standards, and oppose the wanton use of unilateral sanctions and long-arm jurisdiction;
    6. Stay committed to maintaining security in both traditional and non-traditional domains, and work together on regional disputes and global challenges such as terrorism, climate change, cybersecurity, and biosecurity.

    It is quite ironic that China has never adhered to any of the above-stated lofty principles and now is preaching them to the world.

    Key propositions made by Xi

    • China opposes the wanton use of unilateral sanctions and long-arm jurisdiction, appearing to refer to Western sanctions.
    • He said “some countries” were “eager to engage in exclusive ‘small circles’ and ‘small groups’”, terms Chinese officials have used previously to describe the Quad and the AUKUS (Australia-U.K.-U.S.) security pact.
    • He firmly opposed the use of the ‘Indo-Pacific’ strategy to divide the region and create a ‘new Cold War’, and the use of military alliances to put together an ‘Asian version of NATO’.
    • According to him, China upholds true spirit of multilateralism.

    A critical assessment of Xi’s speech

    • The idea of a world-encompassing security mechanism sounds like what China’s ancient emperors might have proposed.
    • Diplomats are under pressure to dissect the meaning but are having a hard time: Xi’s speech contained only abstract Chinese words and idioms.
    • One thing is very clear, China always comes out with an excessively large framework that nobody objects to.
    • The idea is that even if countries don’t agree wholeheartedly, at least they can’t fully oppose it.

    Conclusion

    • Chinese criticism of unilateralism, hegemony and double standards is usually aimed at the U.S.
    • Xi envisions a gradually weakening America replaced by a multipolar world in which China is a major player.

     

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  • Armed Forces (Special Powers) Act

    Keen on lifting AFSPA from NE: PM

    | Security Issues | Mains Paper 3: External State & Non-State Actors: Challenges To Internal Security.

    The PM informed that AFSPA could be withdrawn partially from Assam, Manipur and Nagaland (from April 1) due to peaceful conditions since 2014.

    What is the news?

    • The AFSPA will now be applicable fully only in 31 districts and partially in 12 districts of four states in the Northeast Assam, Nagaland, Manipur and Arunachal Pradesh.
    • These four states together comprise 90 districts.
    • The AFSPA was completely withdrawn in Meghalaya in 2018, Tripura in 2015 and Mizoram in the 1980s.

    Immediate reasons for withdrawal

    • The Northeast has lived under the shadow of AFSPA for nearly 60 years, creating a feeling of alienation from the rest of the country.
    • The move is expected to help demilitarise the region; it will lift restrictions of movements through check points and frisking of residents.
    • Years of AFSPA regime has had psychological consequences, trauma and alienation of the people.

    AFSPA: A Backgrounder

    • The AFSPA, 1958 came into force in the context of insurgency in the North-eastern States decades ago.
    • It provides “special power” to the Armed Forces applies to the Army, the Air Force and the Central Paramilitary forces etc.
    • It has been long contested debate whether the “special powers” granted under AFSPA gives total immunity to the armed forces for any action taken by them.

    Armed Forces (Special Powers) Act, 1958

    • Armed Forces Special Powers Act, to put it simply, gives armed forces the power to maintain public order in “disturbed areas.”
    • AFSPA gives armed forces the authority use force or even open fire after giving due warning if they feel a person is in contravention of the law.
    • The Act further provides that if “reasonable suspicion exists”, the armed forces can also arrest a person without warrant; enter or search premises without a warrant; and ban the possession of firearms.

    What are the Special Powers?

    The ‘special powers’ which are spelt out under Section 4 provide that:

    (a) Power to use force, including opening fire, even to the extent of causing death if prohibitory orders banning assembly of five or more persons or carrying arms and weapons, etc are in force in the disturbed area;

    (b) Power to destroy structures used as hide-outs, training camps, or as a place from which attacks are or likely to be launched, etc;

    (c) Power to arrest without warrant and to use force for the purpose;

    (d) Power to enter and search premises without a warrant to make arrest or recovery of hostages, arms and ammunition and stolen property etc.

    What are the Disturbed Areas?

    • A disturbed area is one that is declared by notification under Section 3 of the AFSPA.
    • As per Section 3, it can be invoked in places where “the use of armed forces in aid of the civil power is necessary”.

    Who can declare/notify such areas?

    • The Central Government or the Governor of the State or administrator of the Union Territory can declare the whole or part of the State or Union Territory as a disturbed area.
    • A suitable notification would have to be made in the Official Gazette.

    Presently active ‘Disturbed Areas’

    • AFSPA is currently in force in Assam, Nagaland, Manipur, 3 districts of Arunachal Pradesh, and areas falling within the jurisdiction of 8 police stations in Arunachal Pradesh bordering Assam.
    • In Jammu and Kashmir, a separate law Armed Forces (Jammu and Kashmir) Special Powers Act, 1990 has been in force.

    AFSPA: Is it a License to Kill?

    While the operation of the Section has been controversial in itself, it has attracted much criticism when actions have resulted in the death of civilians.

    • Power to kill: Section 4 of the Act granted officers the authority to “take any action” even to the extent to cause the death.
    • Protection against prosecution: This power is further bolstered by Section 6 which provides that legal can be instituted against the officer, except with the previous sanction of the Central Government.

    Supreme Court’s Observations over AFSPA

    • These extra-judicial killings became the attention of the Supreme Court in 2016.
    • It clarified that the bar under Section 6 would not grant “total immunity” to the officers against any probe into their alleged excesses.
    • The judgment noted that if any death was unjustified, there is no blanket immunity available to the perpetrator(s) of the offense.
    • The Court further noted that if an offense is committed even by Army personnel, there is no concept of absolute immunity from trial by the criminal court constituted under the CrPC.

    Constitutionality of AFSPA

    • Attempts have been made to examine the constitutionality of the Act on the grounds that it is contravention to the:
    1. Right to Life and Personal Liberty (Article 21) and
    2. Federal structure of the Constitution since law and order is a State subject

    Recommendations to repeal AFSPA

    (1) Justice B.P. Jeevan Reddy Commission

    • The 2004 Committee headed by Justice B.P. Jeevan Reddy, the content of which has never officially been revealed by the Government, recommended that AFSPA be repealed.
    • Additionally, it recommended that appropriate provisions be inserted in the Unlawful Activities Prevention Act, 1967 (UAPA) instead.
    • It also recommended that the UAPA be modified to clearly specify the powers of the armed forces and paramilitary forces and grievance cells should be set up in each district where the armed forces are deployed.

    (2) ARC II

    • The Administrative Reforms Commission in its 5th Report on ‘Public Order’ had also recommended that AFSPA be repealed.
    • It recommended adding a new chapter to be added to the Unlawful Activities Prevention Act, 1967.
    • However, the recommendation was considered first and then rejected.

    Other issues with AFSPA

    (1) Sexual Misconduct by Armed Forces

    • The issue of violation of human rights by actions of armed forces came under the consideration of the Committee on Amendments to Criminal Law (popularly known as Justice Verma Committee) set up in 2012.
    • It observed that- in conflict zones, legal protection for women was neglected.

    (2) Autocracy

    • The reality is that there is no evidence of any action being taken against any officer of the armed forces or paramilitary forces for their excesses.

    Caution given by the Supreme Court

    A July 2016 judgment authored by Justice Madan B. Lokur in Extra Judicial Execution Victim Families Association quoted the “Ten Commandments” issued by the Chief of the Army Staff for operations in disturbed areas:

    1. Definite circumstances: The “power to cause death is relatable to maintenance of public order in a disturbed area and is to be exercised under definite circumstances”.
    2. Declaration preconditions: These preconditions include a declaration by a high-level authority that an area is “disturbed”.
    3. Due warning: The officer concerned decides to use deadly force on the opinion that it is “necessary” to maintain public order. But he has to give “due warning” first.
    4. No arbitrary action: The persons against whom the action was taken by the armed forces should have been “acting in contravention of any law or order for the time being in force in the disturbed area”.
    5. Minimal use of force: The armed forces must use only the “minimal force required for effective action against the person/persons acting in contravention of the prohibitory order.”
    6. Empathy with perpetrators: The court said that: the people you are dealing with are your own countrymen. All your conduct must be dictated by this one significant consideration.
    7. People friendliness: The court underscored how the Commandments insist that “operations must be people-friendly, using minimum force and avoiding collateral damage – restrain must be the key”.
    8. Good intelligence: It added that “good intelligence is the key to success”.
    9. Compassion: It exhorted personnel to “be compassionate, help the people and win their hearts and minds. Employ all resources under your command to improve their living conditions”.
    10. Upholding Dharma (Duty): The judgment ended with the final Commandment to “uphold Dharma and take pride in your country and the Army”.

    Conclusion

    • Despite demands by civil society groups and human rights activities, none of the recommendations have not been implemented to date.

     

     

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  • Trade Sector Updates – Falling Exports, TIES, MEIS, Foreign Trade Policy, etc.

    ECGC to seek RBI nod for payment in forex to exporters

    Prelims Only | Economics | Mains Paper 3: Indian Economy

    ECGC Ltd., the government enterprise that provides export credit insurance, will soon approach the Reserve Bank of India for approval to deal in foreign currency for the benefit of exporters.

    What is ECGC?

    • ECGC is an acronym for Export Credit Guarantee Corporation of India Ltd.
    • It is a government owned export credit provider.
    • It is under the ownership of Ministry of Commerce and Industry and is based in Mumbai.
    • It provides export credit insurance support to Indian exporters.
    • Its topmost official is designated as Chairman and Managing Director who is a central government civil servant under ITS cadre.
    • The GoI had initially set up Export Risks Insurance Corporation (ERIC) in July 1957.
    • It was transformed into Export Credit and Guarantee Corporation Limited (ECGC) in 1964 and to Export Credit Guarantee Corporation of India in 1983.

    Functions of ECGC

    • ECGC provides a range of credit risk insurance covers to exporters against loss in export of goods and services as well.
    • It offers guarantees to banks and financial institutions to enable exporters to obtain better facilities from them.
    • It provides Overseas Investment Insurance to Indian companies investing in joint ventures abroad in the form of equity or loan and advances.

    Facilities by ECGC

    • It offers insurance protection to exporters against payment risks.
    • It provides guidance in export-related activities.
    • It makes available information on different countries with its own credit ratings.
    • It makes it easy to obtain export finance from banks/financial institutions.
    • It assists exporters in recovering bad debt.
    • It provides information on the creditworthiness of overseas buyers.

    Why need export credit insurance?

    • Payments for exports are open to risks even at the best of times.
    • The risks have assumed large proportions today due to the far-reaching political and economic changes that are sweeping the world.
    • An outbreak of war or civil war may block or delay payment for goods exported. Ex. Ukraine War.
    • Economic difficulties or balance of payment problems may lead a country to impose restrictions on either import of certain goods or on transfer of payments for goods imported. Ex. Sri Lankan Crisis.
    • In addition, the exporters have to face commercial risks of insolvency or protracted the default of buyers.
    • Export credit insurance is designed to protect exporters from the consequences of the payment risks, both political and commercial, and to enable them to expand their overseas business without fear of loss.

     

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