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  • Oil and Gas Sector – HELP, Open Acreage Policy, etc.

    Russia’s offer of cheaper oil is tempting, but India must be cautious

    Context

    With oil above $100, the government now has to spend twice as much to import oil as it did earlier. Russia has offered to sell oil at lower prices to India. It is a hard temptation for India to resist. But one that comes with profound and long-lasting consequences.

    Issues in buying oil from Russia

    1] Impact on India’s export due to threat of the secondary sanction by the US

    • The demise of the Soviet Union made it easier for India to abandon the Soviet-influenced ideology of a planned economy and veer towards the American version of a market economy.
    • Now, in the reverse ideological direction, Russia’s offer of cheaper oil has hidden and direct costs that India will have to deliberate upon.
    • Whenever global crude oil prices have risen above $100 in the past, India was able to cushion that shock primarily through growth in exports.
    • When oil prices were similarly high, exports rose to nearly 25 per cent of nominal GDP, which helped India withstand the shock.
    • However, exports now have fallen dramatically to 18 per cent of GDP, which must be revived.
    • The US is India’s biggest export market.
    • The US has already cautioned India about abetting Russia by buying Russian oil.
    • It remains to be seen if the US will impose secondary sanctions against India for buying discounted Russian oil, but that threat looms large.

    2] Cascading de-dollarisation

    • With US sanctions against Russia, it will insist on payment in rubles.
    • If India is forced to accept trading in rubles with Russia, then it is very likely that China, which is India’s second-largest trading partner, may also insist on payments in Chinese yuan.
    • Saudi Arabia may also insist on trading in a currency other than the US dollar.
    • This cascading “de-dollarisation” phenomenon will further irk and antagonise the US, since it weakens the dollar’s status as the world’s reserve currency.
    • If India is forced to purchase Russian oil in rubles and potentially trade in yuan with China and others, it can catapult India into the centre of a geo-economic war that it can ill afford.

    Opportunity for India

    • The Russia-Ukraine conflict can be an opportunity for India to step up and capture global market share in goods and services.
    • There is already talk of India capitalising on wheat exports, albeit a tiny share of India’s overall exports, as a fallout of global sanctions against Russian wheat.

    Conclusion

    Exports remain India’s biggest hope for a long-term sustainable economic recovery with ample job creation. India cannot risk being isolated in future global trade for near-term discounted oil deals with Russia.

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  • Foreign Policy Watch: India-United States

    On South Asia, US must reorient itself

    Context

    On the external front, Russia’s Ukraine war and the Sino-Russian alliance are setting the stage for a reordering of South Asia’s great power relations.

    Opportunity for the US in South Asia

    • If it looks beyond the region’s immediate response to the war in Ukraine, Washington can seize the current opportunity to elevate the US’s salience for the Subcontinent in partnership with India.
    • The Indo-Pacific strategy offers new pathways for the US to limit the traditional economic and military weight of China and Russia in the Subcontinent.

    Three regional trends in South Asia

    1] Decline of Pakistan’s influence

    • In the wake of the missile accident, Islamabad moved to seek international intervention, including from the UN Secretary-General.
    • But there were few takers for this old South Asian formula, except in Beijing.
    • Underlining the peremptory dismissal of Islamabad’s concerns is a deeper trend — the relative decline of Pakistan’s international standing.
    • Since his election, US President Joe Biden has refused to call Imran Khan, who runs a “major non-NATO ally”; high-level visitors from Washington now skip Pakistan during South Asia visits.
    • Chinese and Russian official visitors are among the few to combine trips to Delhi and Islamabad.
    • Islamabad’s decline after the US withdrawal from Afghanistan is likely to accelerate amidst Pakistan’s deepening domestic political chaos.
    • With an economy that is smaller than that of Bangladesh and limited prospects for rapid growth in the coming years, Pakistan will find it hard to match its traditional claim for “strategic parity” with India.

    2] Declining interest in China’s Belt and Road Initiative in South Asia

    •  Just a couple of years ago, China’s commercial march into South Asia seemed unstoppable. Not any longer.
    • Troubles in Pakistan and Sri Lanka: Pakistan and Sri Lanka, which embraced the BRI with great gusto, are South Asia’s two worst-performing economies.
    • The deepening economic crises are compelling the elites of Pakistan and Sri Lanka to focus on non-Chinese financial sources to stabilise their economies.
    • Sri Lanka, which ostentatiously refused to accept $480 million developmental assistance from the US in 2020, is now desperately looking for hard currency support for its sinking economic fortunes.
    •  In Nepal, the dominant communists had made political opposition to US infrastructure assistance of $500 million as a life and death issue for a decade.
    • At the end of last month, Nepal’s parliament ratified the US loan that will facilitate Nepal’s infrastructure development and its economic integration with the Subcontinent.

    3] The growing possibilities for US security cooperation with the Subcontinent

    • During the Cold War, the US military engagement was limited to Pakistan.
    • In the 21st century, there has been a steady expansion of US defence cooperation with India.
    • The current focus on the Indo-Pacific is getting Washington to modernise the defence partnerships with the smaller countries of the region.
    • The Trump Administration discarded the traditional obsession with Pakistan and began to recognise the strategic significance of the smaller South Asian states for its Indo-Pacific strategy.
    • The visit of US Undersecretary of State to Bangladesh over the weekend saw progress towards signing the so-called GSOMIA (General Security of Military Information Agreement) that codifies the commitment to protect classified military information.

    Conclusion

    Reversing that must necessarily involve deeper security cooperation with the region and developing alternatives to military dependence on Beijing and Moscow. This is best done in partnership with Delhi.

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  • Pension Reforms

    SC backs Centre’s OROP scheme

    The Supreme Court has upheld the Centre’s one rank, one pension (OROP) scheme for the armed forces.

    What is the news?

    • The Supreme Court has ruled that there was “no constitutional infirmity” in the way the government had introduced ‘one rank, one pension’ (OROP) among ex-service personnel.
    • The scheme, notified by the Defence Ministry on November 7, 2015, was challenged by Indian Ex-Service Movement, an association of retired defence personnel.

    What is OROP Scheme?

    • OROP means that any two military personnel retiring at the same rank, with the same years of service, must get an equal pension.
    • While this might appear almost obvious, there are several reasons why two military personnel who may have retired at the same rank with the same years of service, may get different pensions.

    Need for the scheme

    Military personnel across the three services fall under two categories, the officers and the other ranks.

    • Early age of retirement: The other ranks, which are soldiers, usually retire at age 35.
    • No benefits from pay commissions: Unlike government employees who retire close to 60, soldiers can thus miss out on the benefits from subsequent pay commissions.
    • Salary based pension: And since pensions are based on the last drawn salary, pensions too are impacted adversely.
    • Ranks based discrimination: The age when officers in the military retire depends upon their ranks. The lower the rank, the earlier they superannuate.
    • Liability against the sacrifice: It was argued that early retirement should not become an adverse element for what a soldier earns as pension, compared with those who retire later.

    Earlier pension mechanism

    • From 1950 to 1973, there was a concept known as the Standard Rate of Pension, which was similar to OROP.
    • In 1974, when the 3rd Pay Commission came into force, certain changes were effected in terms of weightage, additional years of notion service, etc., with regard to pensions.
    • In 1986, the 4th Pay Commission’s report brought further changes.
    • What ultimately happened was that the benefits of the successive pay commissions were not passed to servicemen who had retired earlier.
    • Pensions differed for those who had retired at the same rank, with the same years of service, but years apart.

    Demand for OROP

    • Ex-servicemen demanded OROP to correct the discrepancy.
    • Over the decades, several committees looked into it.
    • The Brig K P Singh Deo committee in 1983 recommended a system similar to Standard Rate of Pension, as did Parliament’s standing committees on defence.
    • The Narendra Modi government notified the current OROP scheme in November 2015, and it was made applicable from July 1, 2014.

    Issues with OROP

    • During the OROP protests of 2013-15, it was argued repeatedly that meeting the demand would be financially unsustainable.
    • Because soldiers retire early and remain eligible for pension for much longer than other employees, the Defence Ministry’s pension budget is very large, impacting capital expenditure.
    • The total defence pensioners are 32.9 lakh, but that includes 6.14 lakh defence civilian pensioners.
    • The actual expenditure of the Defence Ministry on pensions was Rs 1.18 lakh crore in 2019-2020.
    • The Defence Ministry’s pension-to-budget ratio is the highest among all ministries, and pensions are more than one-fifth of the total defence budget.
    • When the late Manohar Parrikar was Defence Minister, it was estimated that a one-time payout of Rs 83,000 crore would be needed to clear all past issues.

    Challenge to OROP

    • The petitioners contended that the principle of OROP had been replaced by ‘one rank multiple pensions’ for persons with the same length of service.
    • They submitted that the government had altered the initial definition of OROP and, instead of an automatic revision of the rates of pension.
    • Under this, any future raising of pension rates would be passed on to past pensioners — the revision would now take place at periodic intervals.
    • According to the petitioners, this was arbitrary and unconstitutional under Articles 14 and 21.

    What has the SC ruled now?

    • The court did not agree with the argument that the government’s 2015 policy communication contradicted the original decision to implement OROP.
    • It said that “while a decision to implement OROP was taken in principle, the modalities for implementation were yet to be chalked out.
    • The court also said that while the Koshyari Committee report furnishes the historical background of the demand, and its own view on it, it cannot be construed as embodying a statement of governmental policy.
    • It held that the OROP policy “may only be challenged on the ground that it is manifestly arbitrary or capricious”.

     

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  • Foreign Policy Watch: India-Sri Lanka

    Sri Lanka’s aggravating Economic Crisis

    Sri Lanka’s economic crisis is aggravating rapidly, putting citizens through enormous hardship.

    Reasons for the Crisis

    The first wave of the pandemic in 2020 offered early and sure signs of distress.

    • In-migration: Thousands of Sri Lankan labourers in West Asian countries were left stranded and returned jobless.
    • Shut-down: Garment factories and tea estates could not function, as infections raged in clusters. Tourism sector to saw a big dip.
    • Domestic job losses: Thousands of youth lost their jobs in cities as establishments abruptly sacked them or shut down.
    • Forex decline: It meant that all key foreign exchange earning sectors, such as exports and remittances, along with tourism, were brutally hit.

    Policy failures of Lankan govt

    • No strategy: The lack of a comprehensive strategy to respond to the crisis then was coupled with certain policy decisions last year.
    • Ill-advised policies: It included the government’s abrupt switch to organic farming —widely deemed “ill-advised”, further aggravated the problem.
    • Food hoarding: The government declared emergency regulations for the distribution of essential food items. It put wide import restrictions to save dollars which in turn led to consequent market irregularities and reported hoarding.
    • Continuous borrowing: Fears of a sovereign default rose by the end of 2021, with the country’s foreign reserves plummeting to $1.6 billion, and deadlines for repaying external loans looming.

    What is happening on the ground?

    • At the macro-economic level, all indicators are worrisome.
    • The Sri Lankan rupee, which authorities floated this month, has fallen to nearly 265 against the U.S. dollar. Consumer Price inflation is at 16.8% and foreign reserves stood at $2.31 billion at the end of February.
    • Sri Lanka must repay foreign debt totalling nearly $7 billion this year and continue importing essentials from its dwindling dollar account.
    • Sri Lanka will incur an import bill of $22 billion this year, resulting in a trade deficit of $10 billion.

    Implications on Public

    • For citizens, this means long waits in queues for fuel, a shortage of cooking gas, contending with prolonged power cuts in many localities and struggles to find medicines for patients.
    • In families of working people, the crisis is translating to cutting down on milk for children, eating fewer meals, or going to bed hungry.

    How is India helping?

    • Acting in the Neighbourhood’s first policy, India stands with Sri Lanka.
    • $1 billion credit line signed for supply of essential commodities. Key element of the package of support extended by India.
    • Beginning January 2022, India has extended assistance totalling $ 2.4 billion — including an $400 million RBI currency swap and a $500 million loan deferment.

    Chinese lure of aid

    • China is considering Sri Lanka’s recent request for further $2.5 billion assistance, in addition to the $2.8 billion Beijing has extended since the outbreak of the pandemic.

    How is India’s assistance being viewed in Sri Lanka?

    • Sacking key infra projects: The leadership has thanked India for the timely assistance, but there is growing scepticism in Sri Lankan media and some sections, over Indian assistance “being tied” to New Delhi inking key infrastructure projects.
    • Deep incursion: They mainly include the strategic Trincomalee Oil Tank Farm project; the National Thermal Power Corporation’s recent agreement with Ceylon Electricity Board to set up a solar power plant in Sampur, with investment from India’s Adani Group.
    • Diplomatic blackmail: SL media accuses New Delhi was resorting to “diplomatic blackmail”. The political opposition has accused the Adani Group of entering Sri Lanka through the “back door”, avoiding competitive bids and due process.

    Options available for SL

    • Sri Lanka is hoping for a Rapid Finance Instrument (RFI) facility as well as a larger Extended Fund Facility (EFF) from the IMF to deal with its foreign currency shortages.
    • IMF had assured to help the country with an amount of $300 million to $600 million.

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  • Economic Indicators and Various Reports On It- GDP, FD, EODB, WIR etc

    India ranks 136th in the World Happiness Report 2022

    India ranks 136th in the World Happiness Report 2022, while Finland becomes the happiest country for the fifth consecutive year.

    One can definitely question the credibility of such reports whenever India is being grouped with some African countries that too below Pakistan.

    World Happiness Report

    • The WHR is an annual publication of the UN Sustainable Development Solutions Network.
    • It measures three main well-being indicators: life evaluations, positive emotions, and negative emotions (described in the report as positive and negative affect).
    • Since 2011, the World Happiness Report (WHR) is released every year around the time of International Day of Happiness on March 20.
    • It was adopted by the UN General Assembly based on a resolution tabled by Bhutan.

    How is the WHI derived?

    • The ranking is done on a three-year average based on surveys of ‘Life Evaluation’ conducted by Gallup World Poll which surveys around 1000 people from each country to evaluate their current life on a scale of 0-10.
    • On this scale, 10 marks the best possible and 0 as the worst possible life.
    • Further, six key variables GDP per capita, social support, healthy life expectancy, freedom, generosity, and corruption contribute to explaining life evaluations.

    Top performers this year

    • The top five countries in the list are from Europe.
    • While the United States held the 16th spot in the happiest countries list.
    • Following Finland, Denmark bagged the second rank, while Iceland and Switzerland stood at third and fourth rank.
    • The Netherlands was at the fifth rank in the list.
    • Meanwhile, Luxembourg, Norway, Israel, and New Zealand were the remaining countries in the top 10.

    Dismal performers

    • Afghanistan held the last position of 146th in the list, with Lebanon (145th), Zimbabwe (144th), Rwanda (143rd), and Botswana (142nd) following.
    • Bangladesh has improved its ranking by seven notches on the WHI from 101 last year to 94 in 2022 out of 146 countries included in the report.

     

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  • Indian Army Updates

    [pib] Exercise LAMITIYE 2022

    The 9th Joint Military Exercise LAMITIYE-2022 between the Indian Army and Seychelles Defence Forces (SDF) is being conducted at Seychelles Defence Academy (SDA), Seychelles.

    Exercise LAMITIYE

    • Lamitiye, which in Creole means friendship, is a biennial training event being conducted in Seychelles since 2001.
    • This year, it will feature a range of complex military drills, demonstrations and discussions, officials said.
    • The objective of the joint training exercise is to build and promote bilateral military relations in addition to exchanging skills, experiences and good practices between both the armies.
    • Both sides will jointly train, plan and execute a series of well-developed tactical drills for neutralization of likely threats that may be encountered in a semi-urban environment.
    • The exercise will also witness showcasing of new-generation equipment and technology for conducting joint operations.

    Significance of the exercise

    • LAMITIYE is crucial and significant in terms of security challenges faced by both nations in the backdrop of the current global situation and growing security concerns in the Indian Ocean region.

    Tap to read more about:

    Various Defence Exercises in News

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  • Textile Sector – Cotton, Jute, Wool, Silk, Handloom, etc.

    Textile Industry in India

    Context

    South Asia became a major player in the global textiles and clothing market with the onset of the third wave of global production.

    Textile industry in Bangladesh

    • Bangladesh overtook India in exports in the past decade as Indian labour costs resulted in products becoming 20% more expensive.
    • Bangladesh joined the league in the 1980s, owing to the outbreak of the civil war in Sri Lanka.
    • Lower production costs and free trade agreements with western buyers are what favour Bangladesh, which falls third in the line as a global exporter.
    • Bangladesh has been ahead of time in adopting technology.
    • Bangladesh also concentrates on cotton products, specialising in the low-value and mid-market price segment.

    Where does India stand?

    • The progress of India and Pakistan in readymade garments is recent when compared to their established presence in textiles.
    • India holds a 4% share of the U.S.$840 billion global textile and apparel market, and is in fifth position.
    • India has been successful in developing backward links, with the aid of the Technical Upgradation Fund Scheme (TUFS), in the cotton and technical textiles industry.
    • However, India is yet to move into man-made fibres as factories still operate in a seasonal fashion.

    Challenges ahead

    1] Fourth Industrial revolution and robotic automation

    • The Fourth Industrial Revolution (4IR) has been shifting focus from production machinery to integrating technology in the entire production life cycle.
    • The production cycle incorporates all digital information and automation including robotics, artificial intelligence (AI), virtual reality, 3D printing, etc.
    • Robotic automation exemplifies production efficiency, especially in areas such as cutting and colour accuracy.
    • The Asian Development Bank anticipates the challenges of job losses and disruption, inequality and political instability, concentration of market power by global giants and more vulnerability to cyberattacks.
    •  With a 7% unemployment rate, India faces the challenge of job creation in the wake of increased automation.
    • The World Bank expects this trend to accelerate in the post-COVID-19 market.
    • The 4IR may result in unemployment or poor employment generation, primarily affecting a low skill workforce.

    2] Sustainability challenge

    • Sustainability is also an important consideration for foreign buyers.
    • Bangladesh’s readymade garments initiated ‘green manufacturing’ practices to help conserve energy, water, and resources.
    • Textile and apparel effluents account for 17%-20% of all water pollution.
    •  The Indian government is committed to promoting sustainability through project sustainable resolution.

    3] Labour issues

    • Access to affordable labour continues to be an advantage for south Asia.
    •  In addition, a country such as India with a very high number of scientists and engineers could lead, as is evident in the areas of drones, AI and blockchain.
    • India’s potential lies in its resources, infrastructure, technology, demographic dividend and policy framework.
    • The creation of a Centre for the Fourth Industrial Revolution is indicative of India’s intent.

    Way forward

    • Digitalisation and automation in areas such as design, prototyping, and production are key in order to stay abreast, and in controlling production quality and timely delivery.
    • Sustainable practices such as regenerative organic farming (that focuses on soil health, animal welfare, and social fairness), sustainable manufacturing energy (renewable sources of energy are used) and circularity are being adopted.
    • Tax exemptions or reductions in imported technology, accessibility to financial incentives, maintaining political stability and establishing good trade relations are some of the fundamental forms of support the industry needs from governments.
    • The U.S. trade war on China owing to human rights violations along with its economic bottlenecks, opens doors for India and Pakistan as they have strong production bases.
    • Similar to China, India has a big supply — from raw material to garments.
    • Bangladesh has also risen as a top exporter in a cost competitive global market.
    • India’s proposed investments of US$1.4 billion and the establishment of all-in-one textile parks are expected to increase employment and ease of trade.
    • India extended tax rebates in apparel export till 2024, with the twin goals of competitiveness and policy stability.
    • Labour law reforms, additional incentives, income tax relaxations, duty reductions for man-made fibre, etc. are other notable moves.
    •  Newer approaches in the areas of compliance, transparency, occupational safety, sustainable production, etc. are inevitable changes in store for South Asia to sustain and grow business.
    • Finally, there is a need for governments’ proactive support in infrastructure, capital, liquidity and incentivisation.

    Conclusion

    Ensuring government support for financial incentives, upgrading technologies and reskilling labour are key challenges.

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  • Defence Sector – DPP, Missions, Schemes, Security Forces, etc.

    Indigenisation in defence technologies, manufacturing will ensure India’s strategic autonomy

    Context

    Given its successive abstentions during votes on Ukraine in the UN Security Council and elsewhere, New Delhi has attracted criticism and even reproach from many quarters. While India’s abstentions may be hard to justify on moral grounds, they are certainly rooted in “realpolitik”.

    Reasons for India’s stance

    • There is irrefutable logic in the argument that safeguarding the source of 60-70 per cent of its military hardware constitutes a prime national interest for India.
    • Any interruption in the supply of Russian arms or spares could have a devastating impact on our defence posture vis-à-vis the China-Pak axis.
    • Even after diversification of sources, India remains trapped in the Russian bear’s jaws, jeopardising the credibility of its “strategic autonomy”. 

    Implications of India’s position

    • The stance adopted by India has placed it amongst a minority of nations, alongside China and Pakistan.
    • Seen widely as pro-Russian, this posture is likely to affect India’s international standing and bears reflection.

    Suggestion

    • The answers to India’s agonising dilemma lie in two drastic imperatives, which must receive the closest attention of decision-makers. They are:
    • The “de-Russification of the armed forces” and the genuine “indigenisation of India’s defence technological and industrial base (DTIB)”.
    • Russia’s military-industrial complex, in oligarch hands, has been struggling against inefficiency, poor quality control and deficient customer support.
    •  It is time to initiate a process of progressive “de-Russification” of Indian armed forces; not to switch sources, but of becoming self-reliant.
    • It may be uplifting to see battle-tanks, warships and jet-fighters held up as examples of self-reliance, but what is never mentioned is that vital sub-systems like engines, guns, missiles, radars, fire-control computers, gear-boxes and transmission are either imported or assembled under foreign licences.
    • Atmanirbhart requires selective identification of vital military technologies in which we are deficient and demands the initiation of well-funded, time-bound, mission-mode projects to develop (or acquire) the “know-how” as well as “know-why” of these technologies.

    Conclusion

    Having failed for 75 years after independence to attain a degree of self-reliance in military hardware that would have undergirded our “strategic autonomy,” it is time for India to zero in on the reasons why we have failed, where peer-nations like China, South Korea, Israel, Taiwan and even Singapore have succeeded spectacularly.

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  • Russian Invasion of Ukraine: Global Implications

    Why the West should focus on China

    Context

    The Russian offensive on Ukraine on the night of February 23-34 shocked the world. The trigger for the conflict has been the rise of anti-Russia/Putin and pro-Europe lobby in Ukraine, led by President Volodymyr Zelenskyy and with the tacit support of the US and the West.

    Background of the conflict

    • The situation became deeply polarised after battle lines were drawn in 2015, with Ukraine’s breakaway Donbas region seeking a merger with Russia, after Crimea’s unification with the latter.
    • Russia has, over the years, quite correctly questioned the relevance of NATO — a grouping of the Cold War era — and its expansion eastwards. 
    • For instance, NATO included the Commonwealth of Independent States (CIS) countries of Georgia and Ukraine, earlier part of the Soviet Union, in its “Partnership for Peace” programme, despite Russian objections.

    Implications of war for geopolitics and role of China

    • Geopolitics will never be the same, especially with Germany and Japan announcing militarisation initiatives, polarisation in Europe and the strengthening of the anti-US nexus of China- Russia-Turkey-Iran.
    • Focus moves away from China: A matter of concern is that once again, the attention of the US and the West has been diverted from China, the main adversary, to a war that should not have taken place.
    • Possibility of annexation of Taiwan: In the current conflict, the ineptitude of the US/NATO to support Ukraine with “boots on the ground” is bound to embolden China in its nefarious design to annex Taiwan.
    • This could also lead to increased hostility by China in the resolution of land disputes with the neighbouring countries, as well as in the South and East China seas.

    Consider the question “With the Russian invasion of Ukraine, the geopolitics will never be the same again.”Comment. 

    Conclusion

    For India, the greatest lesson is that it will have to meet the Chinese challenge on its own. There is no likelihood of the US or any other nation getting involved in India’s fight with China. Let us focus on atmanirbharta in all its dimensions.

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  • Minority Issues – SC, ST, Dalits, OBC, Reservations, etc.

    What is Reasonable Accommodation Principle?

    The Karnataka High Court decision effectively upheld the denial of entry to students wearing the hijab. The court rejected an argument in support of permitting Muslim girls wearing head-scarves that was based on the principle of ‘reasonable accommodation’.

    What is Reasonable Accommodation?

    • ‘Reasonable accommodation’ is a principle that promotes equality, enables the grant of positive rights and prevents discrimination based on disability, health condition or personal belief.
    • Its use is primarily in the disability rights sector.
    • The provision plays a major role in addressing these barriers and thus contributes to greater workplace equality, diversity and inclusion.

    Article 2 of the UN Convention on the Rights of People with Disabilities (UNCRPD) defines:

    • Reasonable accommodation is “necessary and appropriate modification and adjustments not imposing a disproportionate or undue burden, where needed in a particular case, to ensure to persons with disabilities the enjoyment or exercise on an equal basis with others of all human rights and fundamental freedoms”.

    International Labour Organization (ILO), in its recommendation on HIV/AIDS and the world of work, defines:

    • It is “any modification or adjustment to a job or to the workplace that is reasonably practicable and enables a person living with HIV or AIDS to have access to, or participate or advance in, employment”.

    How does the principle work?

    • The general principle is that reasonable accommodation should be provided, unless some undue hardship is caused by such accommodation.
    • A modified working environment, shortened or staggered working hours, additional support from supervisory staff and reduced work commitments are ways in which accommodation can be made.
    • Suitable changes in recruitment processes — allowing scribes during written tests or sign language interpreters during interviews — will also be a form of accommodation.

    What is the legal position on this in India?

    • In India, the Rights of People with Disabilities Act, 2016, defines ‘reasonable accommodation’ as “necessary and appropriate modification and adjustments, without imposing a disproportionate or undue burden in a particular case, to ensure to PwD the enjoyment or exercise of rights equally with others”.
    • The definition of ‘discrimination’ in Section 2(h) includes ‘denial of reasonable accommodation’.
    • In Section 3, which deals with equality and non-discrimination, sub-section (5) says: “The appropriate Government shall take necessary steps to ensure reasonable accommodation for persons with disabilities.”

    Judicial interpretation of Reasonable Accommodation

    • In Jeeja Ghosh and Another v. Union of India and Others (2016), the Supreme Court, awarded a compensation of ₹10 lakh to a passenger with cerebral palsy who was evicted from a flight after boarding.
    • It said: “Equality not only implies preventing discrimination …, but goes beyond in remedying discrimination against groups suffering systematic discrimination in society.
    • In concrete terms, it means embracing the notion of positive rights, affirmative action and reasonable accommodation.
    • The Supreme Court elaborated on the concept in Vikash Kumar v. UPSC (2021).
    • This was a case in which the court allowed the use of a scribe in the Union Public Service Commission examination for a candidate with dysgraphia, or writer’s cramp.
    • It said failure to provide reasonable accommodation amounts to discrimination.

    Context to the recent K’taka verdict

    • In the recent Karnataka verdict on wearing the hijab, the High Court did not accept the argument for allowing minor variations to the uniform to accommodate personal religious belief.
    • The HC meant that the court did not favour making any change or adjustment to the rule that could have enabled the students to maintain their belief or practice even while adhering to the uniform rule.
    • The appeal against the verdict in the Supreme Court provides an opportunity to see if the concept can be used in the realm of belief and conscience too.

     

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