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  • [Sansad TV] Diplomatic Dispatch | India-Latin America Relations

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    Context

    • As External Affairs Minister Dr S Jaishankar wrapped up a visit to Argentina, Brazil and Paraguay, we take an in-depth look at India’s ties with Latin America.
    • Latin America is generally understood to consist of the entire continent of South America in addition to Mexico, Central America, and the islands of the Caribbean.

    India-Latin America Relations: A Backgrounder

    Latin America

    (i) Beginning

    • India’s ties with certain Latin American nations are longstanding and Mexico was the first Latin American country to recognize India after its independence in 1947.
    • When Fidel Castro ousted the Batista regime in Cuba in 1959, India was one of the first countries to recognize the new government, set-up an embassy in Havana and establish diplomatic relations.
    • However, relations between India and Latin America did not gather momentum throughout most of India’s post-independence history.

    (ii) Post-independence

    • India and Latin American nations were both colonies of European powers. After achieving independence, both adopted socialist policies, which did little to enhance relations.
    • Many Latin America and the Caribbean (LAC) countries joined the Non-Aligned Movement (NAM).
    • India also supported LAC countries against US interventions in the UN and other multilateral gatherings, but this did not address the deficit in the relationship.

    Why does Latin America matter to India?

    (i) Economic determinants

    • Energy demand is rising: In a view of India’s growing demand for energy and its interest in seeking overseas investments, Latin America attracts New Delhi’s interest. After all, the region is rich in extractive resources.
    • Important markets: Given that three G20 economies, i.e. Brazil, Mexico, and Argentina are in Latin America, Indian businesses are keen to tap its expansive market.
    • IT collaboration: During the last two decades, India’s trade with Latin American countries has grown substantially and its investments are diversified in sectors such as Information Technology (IT) and manufacturing.
    • Export hub: Moreover, the region has emerged as an important market for the Indian pharmaceutical and automobile industries.

    (ii) Geopolitical determinants

    • China’s emergence in the region: Analysts within India’s strategic community are of the view that China is fast emerging as Latin America’s economic and strategic partner, and that India must begin expanding its own footprint in the region.
    • India’s Soft Power is making difference: To its advantage, India’s status as a rising power, its economic growth, as well as its soft power in the form of its cultural and civilizational practices such as yoga have gained traction in Latin America.

    Hurdles in cooperation

    • Geographic distance: Relations between India and Latin America did not gather momentum owing mainly to the geographical distance between the two regions, and differing domestic and international priorities.
    • Lack of cultural connection: There has also been a lack of cultural, linguistic and diaspora connections between the two regions in the past.

    Significance of India-Latin America Relations

    • Pharma exports: India exports a billion dollars worth of generic medicines to Latin America, which has helped these countries reduce the cost of healthcare.
    • FDI: Latin American firms have invested about a billion dollars in India in areas such as soft drinks, multiplexes, theme parks, and auto parts.
    • Software production: Latin American software firms have also established development and delivery centres in India, employing over a thousand Indian software engineers
    • Energy security: Latin America has also emerged as a key contributor to India’s energy security. India now imports 20% of its crude oil from Brazil, Columbia, Mexico and Venezuela.
    • ITES exports: India also constitutes one of the largest suppliers of IT services to Latin America. Over 35,000 Latin Americans are employed in Indian IT companies operating in the region

    Key factor: Countering Chinese domination

    • Although India has steadily expanded its footprint in Latin American countries over the past several years, it is still dwarfed by China’s immense presence in the region.
    • Many Latin Americans governments resent Chinese imports, which flood their markets at the cost of local businesses.
    • They are also worried by their growing dependence on Chinese investments.
    • By contrast, India’s modest trade and investments are welcomed with virtually no opposition.
    • This gives New Delhi an unexpected, long-term competitive advantage over China.

    India’s interests in Latin America

    (1) Economic

    • Latin America is also very rich in minerals such as copper, lithium, iron ore, gold and silver. It gives India an opportunity to increase investments for their extraction as well as for their imports at cheaper rates.
    • India’s exports to Latin America increased by 9.6% in 2018-19 (April to March) reaching $13.16 billion from $12 billion in 2017-18.

    (2) Strategic 

    • The region is very important for India in order to achieve its global ambitions such as in order to pursue its membership of the UNSC, the NSG and at various other negotiations like climate change, terrorism, trade, etc
    • India is cooperating with Brazil at platforms like BRICS, IBSA which has provided an alternative platform for developing countries and reduces their dependence on existing institutions controlled by west.

    (3) Energy security

    • Currently India sources 15% of its crude oil from Latin America countries.
    • Latin America is also an important partner in the India led International Solar Alliance.

    (4) Food security

    • Latin America region is five times that of India and only has half as much population.
    • India is importing pulses and oil seeds from many of African and Southeast Asian countries at very high costs.

    Why India should expand ties with Latin American countries

    • Growth prospect: With a collective GDP of more than $6 trillion, and a combined population of more than 600 million, half of which is under the age of thirty, Latin America constitutes a dynamic, growing and resource-rich part of the world with huge economic prospects for India.
    • Food Security: Latin America can also contribute towards food security. The region is five times the size of India and has only half the population. India is currently importing pulses and oilseeds from other countries at high costs.
    • Cheaper imports: Latin America is also very rich in minerals such as copper, lithium, iron ore, gold and silver, and could give India an opportunity to increase investments for their extraction as well as for their import at cheaper rates.

    Way Forward

    • Bringing India and Latin America together will require effective institutional framework as well as businesses and people-to-people networks.
    • India must also promote Latin American studies, invest in shipping industries, and conclude preferential trade agreements and free trade agreements at the earliest.
    • Latin American languages must be encouraged in India to incentivise Indian professionals to take jobs in these countries, and to promote trading ties.
    • The commerce ministry should revive its ‘Focus: LAC’ programme, which has previously helped encourage and support Indian exporters to explore business opportunities in the region.

    Conclusion

    • Despite recent improvements on many fronts, however, both India and the LAC countries face some formidable challenges.
    • They still have some of the highest inequality indices in the world, as well as serious deficiencies in infrastructure, technology, innovation and competitiveness.
    • India and the LAC region could approach these challenges as opportunities to forge new partnerships to promote growth and development through increased trade and investment.

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  • Pakistan’s Flip-Flop on Trade with India

    Pakistan’s Finance Minister has stated that the government may consider importing vegetables and other edible items from India following the destruction of standing crops due to the massive floods in the region.

    Why in news?

    • This statement comes after three years when Islamabad downgraded trade ties with New Delhi over the abrogation of Article 370 in Kashmir in 2019.
    • The fundamentalist country sees ties with India as against the spirit of religion and betrayal to the so-called Kashmir cause.

    A U-turn by Pakistan

    • Pakistan’s double U-turn on resuming trade with India highlights the internal differences within the country.
    • There are huge differences between business and political communities, and the emphasis on politics over economy and trade.
    • It also signifies Pakistan cabinet’s grandstanding, linking normalisation of ties with India to Jammu and Kashmir.

    What is the news?

    • Pakistan has sought to import only three items from India, namely cotton, yarn and sugar.
    • It has no consensus on resuming bilateral trade completely.
    • This is based on Pakistan’s immediate economic needs and not designed as a political confidence-building measure to normalise relations with India.

    What changed Pakistan’s mind?

    (1) Decline of Textile sector

    • For the textile and sugar industries in Pakistan, importing from India is imperative, practical and is the most economic.
    • Yarn, cotton cloth, knitwear, bedwear and readymade garments form the core of Pakistan’s textile basket in the export sector.
    • By February 2020, there was a steep decline in the textile sector due to disruptions in supply and domestic production.
    • This is definitely due to dumping of cheap Chinese goods.
    • When compared to the last fiscal year (2019-20), there has been a 30% decline (2020-21) in cotton production.

    Do you know?

    Pakistan is the fifth-largest exporter of cotton globally, and the cotton-related products (raw and value-added) earn close to half of the country’s foreign exchange.

    (2) Crisis in the sugar industry

    • When compared to cotton, the sugar industry’s problem stem from different issues — the availability for local consumption and the steep price increase.
    • The sugar industry has prioritised exports over local distribution.
    • Increased government subsidy and a few related administrative decisions resulted in the sugar industry attempting to make a considerable profit by exporting it.
    • As a result, importing sugar from India would be cheaper for the consumer market in Pakistan.

    In a nutshell

    • Clearly, the crises in cotton and sugar industries played a role in the ECC’s decision to import cotton, yarn and sugar from India.
    • It would not only be cheaper but also help Pakistan’s exports.
    • This is also imperative for Pakistan to earn foreign exchange.

    Why all these have made headlines these days?

    • Pakistan is closer to bankruptcy like any other Chinese vassal state.
    • The second takeaway from the two U-turns — is the supremacy of politics over trade and economy, even if the latter is beneficial to the importing country.
    • For the cabinet, the interests of its own business community and its export potential have become secondary.
    • However, Pakistan need not be singled out; this is a curse in South Asia, where politics play supreme over trade and economy.
    • The meagre percentage of intra-South Asian Association for Regional Cooperation (SAARC) trade and the success (or the failure) of SAARC engaging in bilateral or regional trade would underline the above.
    • Trade is unlikely to triumph over politics in South Asia; especially in India-Pakistan relations.

    The Kashmir link

    • The third takeaway is the emphasis on Jammu and Kashmir by Pakistan to make any meaningful start in bilateral relations.
    • This goes against what it has been telling the rest of the world that India should begin dialogue with Pakistan.
    • Recently, both Pakistan’s PM and the Chief of Army Staff, Qamar Javed Bajwa, were on record stating the need to build peace in the region.
    • Bajwa even talked about “burying the past” and moving forward.
    • There were also reports that Pakistan agreeing to re-establish the ceasefire along the Line of Control (LoC) was a part of this new strategy.

    Conclusion

    • The latest statement by Pakistan’s cabinet that unless India revokes the 2019 decision in Jammu and Kashmir, there would be no forward movement.
    • This position also hints at Pakistan’s precondition to engage with India.
    • Pakistan has been saying that the onus is on India to normalise the process.
    • Perhaps, it is New Delhi’s turn to tell Islamabad that it is willing, but without any preconditions, and start with trade.
    • It may even allow New Delhi to inform Pakistan’s stakeholders about who is willing to trade and who is reluctant.

     

     

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  • What is Artemis 1 Mission?

    NASA’s Artemis 1 mission has sought unexpected delay due to fuel leakages issue.

    What is the Artemis I Mission?

    • NASA’s Artemis mission is touted as the next generation of lunar exploration, and is named after the twin sister of Apollo from Greek mythology.
    • Artemis is also the goddess of the moon.
    • Artemis I is the first of NASA’s deep space exploration systems.
    • It is an uncrewed space mission where the spacecraft will launch on SLS — the most powerful rocket in the world — and travel 2,80,000 miles from the earth for over four to six weeks during the course of the mission.
    • The Orion spacecraft is going to remain in space without docking to a space station, longer than any ship for astronauts has ever done before.
    • The SLS rocket has been designed for space missions beyond the low-earth orbit and can carry crew or cargo to the moon and beyond.

    Key objectives of the mission

    • With the Artemis Mission, NASA aims to land humans on the moon by 2024, and it also plans to land the first woman and first person of colour on the moon.
    • With this mission, NASA aims to contribute to scientific discovery and economic benefits and inspire a new generation of explorers.
    • NASA will establish an Artemis Base Camp on the surface and a gateway in the lunar orbit to aid exploration by robots and astronauts.
    • The gateway is a critical component of NASA’s sustainable lunar operations and will serve as a multi-purpose outpost orbiting the moon.

    Other agencies involved

    • Other space agencies are also involved in the Artemis programme.
    • The Canadian Space Agency has committed to providing advanced robotics for the gateway.
    • The European Space Agency will provide the International Habitat and the ESPRIT module, which will deliver additional communications capabilities among other things.
    • The Japan Aerospace Exploration Agency plans to contribute habitation components and logistics resupply.

     

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  • Jurisprudence of Bail in India

    What is Bail?

    • Bail is the conditional release of a defendant with the promise to appear in court when required.
    • The term also means the security that is deposited in order to secure the release of the accused.

    Types of Bail in India

    • Depending upon the sage of the criminal matter, there are commonly three types of bail in India:
    1. Regular bail: A regular bail is generally granted to a person who has been arrested or is in police custody. A bail application can be filed for the regular bail under section 437 and 439 of CrPC.
    2. Interim bail: This type of bail is granted for a short period of time and it is granted before the hearing for the grant of regular bail or anticipatory bail.
    3. Anticipatory bail: Anticipatory bail is granted under section 438 of CrPC either by session court or High Court. An application for the grant of anticipatory bail can be filed by the person who discerns that he may be arrested by the police for a non-bailable offense.

    Conditions for Grant of Bail in Bailable Offences

    • Section 436 of the Code of Criminal Procedure, 1973, lays down that a person accused of a bailable offense under IPC can be granted bail if:
    1. There are sufficient reasons to believe that the accused has not committed the offence.
    2. There is sufficient reason to conduct a further inquiry in the matter.
    3. The person is not accused of any offence punishable with death, life imprisonment or imprisonment up to 10 years.

    Conditions for Grant of Bail in Non-Bailable Offences

    • Section 437 of Code of Criminal Procedure, 1973 lays down that the accused does not have the right to apply for bail in non-bailable offences.
    • It is discretion of the court to grant bail in case of non-bailable offences if:
    1. The accused is a woman or a child, bail can be granted in a non-bailable offence.
    2. There is a lack of evidence then bail in non-Bailable offenses can be granted.
    3. There is a delay in lodging FIR by the complainant, bail may be granted.
    4. The accused is gravely sick.

    What is the recent ruling about?

    • The Supreme Court underlined that arrest is a draconian measure that needs to be used sparingly.
    • The ruling is essentially a reiteration of several crucial principles of criminal procedure.

    Why bail needs reform?

    • Huge pendency of undertrials: Referring to the state of jails in the country, where over two-thirds lodged are undertrials,
    • Indiscriminate arrests: Of this category of prisoners, majority may not even be required to be arrested despite registration of a cognizable offense, being charged with offenses punishable for seven years or less.
    • Disadvantageous for some sections: They are not only poor and illiterate but also would include women. Thus, there is a culture of offense being inherited by many of them.
    • Colonial legacy: Theoretically, the court also linked the idea of indiscriminate arrests to magistrates ignoring the rule of “bail, not jail” to a colonial mindset.

    What is the law on bail?

    • The CrPC does not define the word bail but only categories offences under the Indian Penal Code as ‘bailable’ and ‘non-bailable’.
    • The CrPC empowers magistrates to grant bail for bailable offences as a matter of right.
    • This would involve release on furnishing a bail bond, without or without security.

    And what is the UK law?

    • The Bail Act of the United Kingdom, 1976, prescribes the procedure for granting bail.
    • A key feature is that one of the aims of the legislation is “reducing the size of the inmate population”.
    • The law also has provisions for ensuring legal aid for defendants.
    • The Act recognises a “general right” to be granted bail.

    What has the Supreme Court held on reforms?

    The court’s ruling is in the form of guidelines, and it also draws the line on certain procedural issues for the police and judiciary:

    • Separate law on Bail: The court underlined that the CrPC, despite amendments since Independence, largely retains its original structure as drafted by a colonial power over its subjects.
    • Uniform exercise of discretionary powers: It also highlighted that magistrates do not necessarily
    • Avoid indiscriminate arrests: The SC also directed all state governments and Union Territories to facilitate standing orders to comply with the orders and avoid indiscriminate arrests.

     

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  • Fiscal prudence

    Fiscal prudenceContext

    • The Central government’s alarm has been on the mounting debt burden and the deteriorating fiscal situation in some States due to diversion in fiscal prudence.
    • As both the Union government and States are expected to work closely in a co-operative federal structure, frictions arising out of these exchanges might have repercussions on both resource sharing and expenditure prioritisation.

    What is India’s fiscal federalism?

    • Fiscal federalism refers to the financial relations between the country’s federal government system and other units of government.
    • It refers to how federal, state, and local governments share funding and administrative responsibilities within our federal system.

    Three issues in India’s fiscal federalism                   

    • First: are a set of issues related to Goods and Services Tax (GST) such as the rate structure, inclusion and exclusion of commodities, revenue sharing from GST and associated compensation.
    • Second: State-level expenditure patterns especially related to the welfare schemes of States.
    • Third: the conception and the implementation of central schemes.

    Fiscal prudenceMeaning of fiscal prudence

    • Fiscal prudence is defined as the ability of a government to sustain smooth monetary operation and long-standing fiscal condition.

    Where should state government spend the borrowed money?

    • Fundamental infrastructure: Ideally, governments should use borrowed money to invest in physical and social infrastructure that will generate higher growth, and thereby higher revenues in the future so that the debt pays for itself.
    • Targeted expenditure only: On the other hand, if governments spend the loan money on populist giveaways that generate no additional revenue, the growing debt burden will eventually implode.

    Fiscal prudenceWhy there is a need for Fiscal Council?

    • Institutionalizing fiscal practices: With a complex polity and manifold development challenges, India need institutional mechanisms for fiscal prudence.
    • Transparency: An independent fiscal council can bring about much needed transparency and accountability in fiscal processes across the federal polity.
    • Fiscal prudence: International experience suggests that a fiscal council improves the quality of debate on public finance, and that, in turn, helps build public opinion favourable to fiscal discipline.

    What does fiscal consolidation mean?

    • Fiscal consolidation is defined as concrete policies aimed at reducing government deficits and debt accumulation.

    Why fiscal consolidation is needed?

    • Fiscal expansion financed through debt and the resultant debt accumulation have important impacts on the economy both in the short run as well as in the long run.

    How to achieve fiscal consolidation?

    • Better targeting of government subsidies and extending Direct Benefit Transfer scheme for more subsidies
    • Improved tax revenue realization For this, increasing efficiency of tax administration by reducing tax avoidance, eliminating tax evasion, enhancing tax compliance etc. are to be made.
    • Enhancing tax GDP ratio by widening the tax base and minimizing tax concessions and exemptions also improves tax revenues.

    Suggestions

    • Amend FRBM Act for complete disclosure: First, the FRBM Acts of the Centre as well as States need to be amended to enforce a more complete disclosure of the liabilities on their exchequers.
    • Centre should impose conditionalities: Under the Constitution, States are required to take the Centre’s permission when they borrow. The Centre should not hesitate to impose conditionalities on wayward States when it accords such permission.
    • Use of financial emergency provision: There is a provision in the Constitution of India which allows the President to declare a financial emergency in any State if s/he is satisfied that financial stability is threatened.
    • Course correction by the Centre: The Centre itself has not been a beacon of virtue when it comes to fiscal responsibility and transparency. It should complete that task in order to command the moral authority to enforce good fiscal behaviour on the part of States.

    Conclusion

    • Fiscal correction at the State level is important. While there exists a need for raising additional resources at the sub-national levels, expenditure prioritisation has to be carried out diligently. The Centre, too, on its part needs to demonstrate commitment to fiscal discipline by sticking to announced fiscal glide path to ensure the sustainability of a frictionless cooperative federal structure.

    Mains question

    Q. Why Fiscal correction at the State level is important? Why fiscal consolidation is needed? Write in context frictionless cooperative fiscal federal structure.

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  • 30th August 2022| Daily Answer Writing Enhancement(AWE)

    Topics for Today’s questions:

    GS-1        Salient features of world’s physical geography.

    GS-2        Comparison of the Indian constitutional scheme with that of other countries.

    GS-3        Conservation, environmental pollution and degradation, environmental impact assessment.

    GS-4        Public/Civil service values and Ethics in Public administration: Status and problems; ethical concerns and dilemmas in government and private institutions

    Question 1)

     

    Q.1 Volcanic eruptions are widely considered to be agents of destruction but they also have certain positive impacts on the people and landscape. Discuss. (10 Marks)

     

    Question 2)

    Q.2 There are similarities and interactions between the affirmative action adopted by India and USA owing to similar historical injustices faced by their respective vulnerable groups. Discuss. (15 Marks)

    Question 3)

    Q.3 India manages to recover and recycle only about 1% of its construction and demolition waste. Analyse the constraints involved. Also, suggest some positive measures to address this challenge. (10 Marks)

    Question 4)  

    Q.4 Discretionary power by itself is not pure evil but gives much room for misuse. Discuss in the context of administration in India. (10 Marks)

     

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  • Scientific temper

    Context

    • India has not produced any Nobel Prize winner in science in the last 85 years — largely because of the lack of a scientific environment in the country.

    What is scientific temper?

    • Jawaharlal Nehru coined the term ‘scientific temper’; he defines it as an attitude of logical and rational thinking. An individual is considered to have scientific temper if she employs the scientific method when making decisions.

    Why it is important?

    • Scientific temper is very important for bringing forth a progressive society. It is free from superstitions. Irrational practices in developing the nation are in all aspects like political, economic and social.

    Its components

    • The vital parts of scientific temper are discussion, argument, and analysis. Various elements like fairness, equality, and democracy. The most important characteristic of a scientific temper is: – untiring search for truth with an open mind and spirit of inquiry.

    Constitutional mandate of scientific temper

    • In 1976, the Government of India reemphasised its commitment to cultivate scientific temper through a constitutional amendment (Article 51A).
    • Article 51A in the 42nd Amendment of the Constitution in 1976 says “It shall be the duty of every citizen of Indian to develop the scientific temper, humanism and the spirit of enquiry and reform.”

    Importance of scientific temper in nation building

    • Formation of public policy: Scientific temperament can become a part of the policy formation and plan through analyzing the performance of our nations, especially all the hardships and shortfalls that occurred in the past years.
    • Self -Reliance: There is a relationship between scientific temperament and becoming self-reliant. Our country is becoming self-reliant with the available technology and industrial infrastructure.
    • Quality education: It will help the children to assimilate the knowledge acquired through the practical observations in a scientific framework; thus, laying down a basis for the growth of a scientific perspective in the children.

    scientific temperChallenges before scientific temper

    • Political unwillingness: Most of the policymakers and the politicians to increase their vote banks include the stagnant ideologies and beliefs of the people in their public policies, and the government tends to give away in the popular public opinion rather than try to improve their thinking by including a more scientific approach to the various societal problems.
    • Prevalent orthodoxy: In India, people still have an orthodox ideology and will not adhere to the scientifically obtained solutions.
    • Low budget: Even after seventy years of independence, Indian Scientists are working on tight budgets, and they don’t have resources like other nations for conducting scientific research.
    • Pseudoscience: Pseudoscience is everywhere, whether in denying the science of climate change or the evolution theory that explains the secret of diversity that we see around us.

    Value addition / case study / Innovation

    An IIT Kanpur alumni Mr.Arvind Gupta tries to inculcate a spirit of inquiry among children through toys made from inexpensive everyday items.


    What can be done?

    • Directional efforts: Activities focused on school children can be undertaken like nature walks, visit to museums etc. ‘Science Express’, a collaborative effort of Ministry of railways and Ministry of Environment & Forests & Climate Change, is a progressive step because it provides a platform that can expose children and common people in far-flung areas of the country to scientific aspects of our everday life.
    • Policy initiatives: Children’s Science Congress organized by National Council for Science & Technology Communication (NCSTC) is a good way to encourage scientific temper in children.
    • Public initiative: Civil Society organizations like, Kerala Sastra Sahitya Parishad (KSSP) and Delhi Science Forum, which are People’s Science Movement, can also go a long way in boosting scientific temper amongst the community.
    • From Sensationalism to Sensible Science Journalism:The media must monitor the content to discourage and limit superstition and blind belief.
    • Scientific journalism: Science communicators do the critical job of bridging the gap between science, society, and policymakers. Science journalism should be promoted at the university level. Science agencies should fund science communication activities in their domains.
    • From Exclusive to Inclusive Science: Inequitable participation concerning gender and social diversity must be eliminated. The ‘open source science’ or ‘open science’ movement includes, at the core, open access, open data, open-source, and available standards that offer unfettered dissemination of scientific discourse.
    • Open science: Government has a significant role in facilitating open science and promoting and preserving a free-thinking, open-minded society.

    Conclusion

    • Let’s hope that someday all cultures free themselves from the shackles of blind faith  with science likely to play a major hand in this endeavour. Unto a similar goal, we should celebrate India’s constitutional provision for the scientific temper and vigorously safeguard it.

    Mains question

    Q. The shrinking space for scientific temper in India today is worrisome for some reasons. Do you think so? Identify these reasons and suggest way forward for scientific future of India.

    Discuss the importance of scientific temper, what kind of public culture is needed to advance it? 10 Marks

    Q.4 Explain why superstitious beliefs and practices abound in India. In this context, discuss the importance of inculcating scientific temper to remove superstitions. (10 Marks)

     

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  • Forest rights act

    forest right actContext

    • There is a surge in demand by forest communities to not only access the resources of their habitat, but also to establish their ownership over forests as forest rights act in not meeting its objective.

    What is the news?

    • Residents of 18 villages in Chhattisgarh’s Udanti Sitanadi Tiger Reserve blocked the busy National Highway 130C.

    What tribal people say?

    • “We need forest resources for survival. Being a tiger reserve, we already lead a life with many restrictions. There is no power supply, access to grazing lands is non-existent and we cannot undertake construction works,” says Arjun Nayak of Nagesh, one of the 18 villages in Gariaband district.

    forest right actWhat is forest rights act 2006?

    • The Forest Rights Act (FRA), 2006 recognizes the rights of the forest dwelling tribal communities and other traditional forest dwellers to forest resources, on which these communities were dependent for a variety of needs, including livelihood, habitation and other socio-cultural needs.
    • It aimed to protect the marginalised socio-economic class of citizens and balance the right to environment with their right to life and livelihood.

    forest right actWhat are individual rights under FRA act?

    • The Act encompasses Rights of Self-cultivation and Habitationwhich are usually regarded as Individual rights.

    What are community forest rights under FRA act?

    • Community Rights as Grazing, Fishing and access to Water bodies in forests, Habitat Rights for PVTGs, Traditional Seasonal Resource access of Nomadic and Pastoral community, access to biodiversity, community right to intellectual property and traditional knowledge, recognition of traditional customary rights and right to protect, regenerate or conserve or manage any community forest resource for sustainable use.

    Case study / Value addition

    Chargaon village, Dhamtari district, Chhattisgarh

    Migration has drastically reduced due to economic benefits after getting CFRR. Success in improving quality of tendu leaves with better management practices, increasing income.

    forest right actIssues with Forest rights act

    • Non responsive states: The forest rights claims of these tribes and forest-dwellers are mostly rejected by the States.
    • Improper claims: Being poor and illiterate, living in remote areas, they do not know the appropriate procedure for filing claims.
    • Low awareness: The gram sabhas, which initiate the verification of their claims, are low on awareness of how to deal with them.

    forest right actWhy are forest rights important for tribals?

    • Justice: Aimed at undoing the “historic injustice” meted out to forest-dependent communities due to curtailment of their customary rights over forests, the FRA came into force in 2008.
    • Livelihood: It is important as it recognises the community’s right to use, manage and conserve forest resources, and to legally hold forest land that these communities have used for cultivation and residence.
    • Conservation: It also underlines the integral role that forest dwellers play in the sustainability of forests and in the conservation of biodiversity.

    Conclusion

    Despite the contentious and debatable nature of this law, the importance and necessity of the FRA, 2006 can not be negated completely. The law assumes even more significant importance when the country is a developing economy and is full-fledged following the path of capitalism, thus making it even more substantial to provide a redressal mechanism for vulnerable and marginalised communities and groups, such as the Adivasis and the other similar tribes, from the necessary evil of development and infrastructural growth while also safeguarding their traditions, heritage and identity that forms an important part of the nation’s cultural diversity as well.

    Mains question

    Q. There is a surge in demand by forest communities to not only access the resources of their habitat, but also to establish their ownership over forests. In this context analyse the issues with working of FRA 2006.

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  • [Burning Issue] Bilkis Bano Case

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    Context

    • Recently, the Gujarat government released 11 convicts who were sentenced to life imprisonment for the heinous murder and gang rape of women during the Gujarat communal riots of 2002.
    • The action by the government has received heavy criticism from all sections of society with more than 130 former civil servants writing an open letter to the Chief Justice of India (CJI) against the action and asking for its revocation.
    • The case has again highlighted the issues regarding crimes against women in India and prisoner’s conviction remission policies of states.

    About the Bilkis Bano Case

    • Bilkis Bano is a gangrape survivor of the 2002 riots in Gujarat. Rioters brutally attacked Bilkis and her family, raped the women and killed many of them.
    • Her case was taken up by the National Human Rights Commission (NHRC) and Supreme Court. Later, the Supreme Court transferred the investigation to the CBI and the case to Mumbai to facilitate a free and fair trial.
    • Eleven men were convicted by the trial court and sentenced to life. The Bombay High Court confirmed their life terms in 2017.
    • In 2019, the Supreme Court awarded compensation of Rs 50 lakh to Bilkis — the first such order in a case related to the 2002 riots.

    Issues highlighted by the case

    (A)Crimes against women

    • Crime against women increased 7.3 per cent from 2018 to 2019 says the annual National Crime Record Bureau’s “Crime in India” 2019 report.
    • Majority of cases under crime against women under IPC were registered under ‘cruelty by husband or his relatives (30.9%), followed by an assault on women with intent to outrage her modesty (21.8%), kidnapping & abduction of women (17.9%) and ‘rape’ (7.9%).
    • UP reported the highest number of crimes against women (59,853), accounting for 14.7 percent of such cases across the country.
    • It was followed by Rajasthan (41,550 cases; 10.2 per cent) and Maharashtra (37,144 cases; 9.2 per cent).
    • The problem of underestimation of gender-based crime is compounded by the failure of the justice system of the country in securing convictions.

    Various types of crimes against women in India

    [I] Domestic violence

    • Domestic violence is abuse by one partner against another in an intimate relationship such as dating, marriage, cohabitation or a familial relationship.
    • It is also categorized as domestic abuse, spousal abuse, battering, family violence, dating abuse and intimate partner violence (IPV).

    [II] Killings

    (a) Female infanticide and sex-selective abortion

    • Female infanticide is the elected killing of a newborn female child or the termination of a female fetus through sex-selective abortion.
    • In India, there is an incentive to have a son, because they offer security to the family in old age and can conduct rituals for deceased parents and ancestors.
    • In contrast, daughters are considered to be a social and economic burden

    (b) Dowry deaths

    • Dowry death is the murder or suicide of a married woman caused by a dispute over her dowry.
    • In some cases, husbands and in-laws will attempt to extort a greater dowry through continuous harassment and torture which sometimes results in the wife committing suicide.

    (c) Honor killings

    • An honor killing is a murder of a family member who has been considered to have brought dishonor and shame upon the family.
    • Examples of reasons for honor killings include the refusal to enter an arranged marriage, committing adultery, choosing a partner that the family disapproves of, and becoming a victim of rape.
    • Village caste councils or khap panchayats in certain regions of India regularly pass death sentences for persons who do not follow their diktats on caste or gotra.

    (d) Witchcraft accusations and related murders

    • Witchcraft is the practice of what the practitioner believes to be magical skills and abilities, and activities such as spells, incantations, and magical rituals.
    • Murders of women accused of witchcraft still occur in India.  Poor women, widows, and women from lower castes are most at risk of such killings.

    [III] Sexual Abuse/ Molestation/ Rape

    • Rape is one of the most common crimes in India.
    • According to the National Crime Records Bureau, one woman is raped every 20 minutes in India.
    • In India, marital rape is not a criminal offense.  
    • India is one of fifty countries that have not yet outlawed marital rape.

    (b) Forced Marriage

    • Girls are vulnerable to being forced into marriage at young ages, suffering from a double vulnerability: both for being a child and for being female.
    • Child brides often do not understand the meaning and responsibilities of marriage.

    [V] Harassment

    (a) Trafficking and forced prostitution

    • Human trafficking, especially of girls and women, often leads to forced prostitution and sexual slavery.

    (b) Online abuse

    • As the internet becomes an increasingly important part of human existence to make their voices heard, a woman’s inability to feel safe online impedes her freedom.
    • Women are regularly subject to online rape threats, online harassment, cyber-stalking, blackmail, trolling, slut-shaming and more.

    (c) Harassment at the workplace

    • The #MeToo movement is aimed at demonstrating how many women have survived sexual assault and harassment, especially in the workplace.
    • Scores of women, many journalists, came out with accounts of sexual harassment at the workplace, mostly comprising of indecent remarks, unwanted touches, demands for sex, and the dissemination of pornography.

    (B) Issues with Remission Procedure

    What is Remission?

    • Life imprisonment normally means convicts remain in jail for the whole of their life. However, they can be released by the State and Central governments at some point, but not before they complete 14 years, by remitting the remaining prison term. This act by governments is called remission.
    • Article 72  and Article 161 of the Constitution deals with the judicial power of the President and Governor to grant pardon. It also includes the remission of sentences by the two dignitaries.
    • Judicial decisions advocate both subjective and objective norms for remission. Courts have ruled that remission should be informed, fair and reasonable, and not arbitrary; that it should not undermine the nature of the crime.
    •  In Laxman Naskar vs Union of India (2000), the Supreme Court laid down five considerations: whether the offense is an individual act of crime that does not affect society; whether there is a chance of the crime being repeated in the future; whether the convict has lost the potentiality to commit a crime; whether any purpose is being served in keeping the convict in prison; and socio-economic conditions of the convict’s family.
    • However, recently the Supreme Court took notice of the remission issue and referred to a seven-judge bench the issue of whether states can grant the benefit of remission to convicts under the Constitution by laying down a common policy. The bench will take into consideration whether states can use remission powers without consulting the Governor.
    • The bench will also visit Section 433-A of CrPC, according to which, a person, serving a life term, cannot be granted remission benefit without completing 14 years in prison.

    Remission in this case

    • The outcry over the remission granted in this case is largely due to the brutal and horrific nature of the crime. However, lawyers and activists have highlighted possible legal infirmities.
    • For one, the remission has been granted by the Gujarat government without consulting the Centre. Under Section 435 of the Code of Criminal Procedure (CrPC), in a case investigated by the CBI, such consultation is mandatory before remission. The Supreme Court has also ruled that ‘consultation’ means ‘concurrence’ in this regard.
    • The opinion of the judge who conducted the trial or in charge of the district should be taken too. But in this case, it was not taken.
    • Section 432(7) of the CrPC says the appropriate government will be “the State within which the offender is sentenced or the said order is passed”. Thus, in this case, it should be Maharashtra Government.
    • Commentators have also pointed out that the current remission policy of the Gujarat Government bars those found guilty of heinous crimes from being given remission. Their release under a 1992 policy (because it was the one prevailing during their conviction) may also be subjected to legal scrutiny.
    • The remission policy of states was also brought under the scanner when the Tamil Nadu government passed an order for the remission of the sentence of A.G Perarivalan, a convict in former PM Rajiv Gandhi’s murder case.

    Some Government initiatives for Women’s safety

    • Nirbhaya Fund for projects for the safety and security of women
    • One-Stop Centre Scheme to provide integrated support and assistance to women affected by violence, both in private and public spaces under one roof
    • Online analytic tool for police called “Investigation Tracking System for Sexual Offences” to monitor and track time-bound investigations in sexual assault cases in accordance with Criminal Law (Amendment) Act 2018.
    • National Database on Sexual Offenders (NDSO) to facilitate the investigation and tracking of sexual offenders across the country by law enforcement agencies
    • In order to coordinate various initiatives for women safety, MHA has set up a Women Safety Division.

    Way forward

    • Gender-based violence, an especially violent crime like rape, is a multifaceted problem.
    • To address this, it is essential to tackle various other concurrent issues that act as contributing factors and thus play an equally important role.
    • Although the incorporation of stringent laws and stricter punishments are important to deter people from committing such crimes, the solution to this is much more than just promulgation.
    • It is important to acknowledge that judicial reform is only one aspect; there is a more humane side to this whole issue.
    • For the remission of sentence issue, the state governments must consider the parameters given by Supreme court diligently before granting any remission.

    Conclusion

    Thus, the Bilkis Bano Case has multiple dimensions, especially social and legal aspects. The need is to carefully examine all aspects, strengthen our vow to secure women’s rights in the nation and at the same time make necessary changes to remission policies to not let any undeserved person set free.

    Also read

    [Burning Issue] Women’s Safety and India

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  • Concerns around Aadhaar-Voter ID linkage

    Reports have surfaced online of instances where block level officers have asked individuals to link their Aadhaar with their Voter IDs, failing which their Voter IDs could be cancelled.

    What is the news?

    • This furore comes in the aftermath of the Election Commission’s (EC) campaign to promote the linkage of Voter ID and Aadhaar that began on August 1.
    • In the first ten days since its launch, the campaign saw almost 2.5 crore Aadhaar holders voluntarily submitting their details to the EC.

    Aadhaar-Voter ID linkage: Why does the government want this?

    • The EC conducts regular exercises to maintain an updated and accurate record of the voter base.
    • A part of this exercise is to weed out duplication of voters.
    • There have been migrant workers who may have been registered more than once on the electoral rolls in different constituencies or for persons registered multiple times within the same constituency.
    • As per the government, linkage of Aadhaar with voter IDs will assist in ensuring that only one Voter ID is issued per citizen of India.

    Is the linking of Aadhaar with one’s Voter ID mandatory?

    • In December 2021, Parliament passed the Election Laws (Amendment) Act, 2021 .
    • This was to amend the Representation of the People Act, 1950 and Section 23(4) was inserted in the RP Act.
    • It states that the electoral registration officer may require voters to furnish their Aadhaar numbers to verify Authencity of voters list.

    Why is it making headlines now?

    • There has been the use of discretionary language throughout the amendments.
    • This has been accompanied by assurances that linkage is optional by both the government and the EC.
    • Alternative is provided to only who does not have an Aadhaar number.
    • To that extent, the limited element of choice that has been incorporated in the amendments seem to be negated or at the very least thrown into confusion.

    Why there is such proposal for linking?

    The preference to use Aadhaar for verification and authentication, both by the state and private sector, stems from few reasons:

    • Increase in UID-holders: First, at the end of 2021, 99.7% of the adult Indian population had an Aadhaar card.
    • Most versatile document: This coverage exceeds that of any other officially valid document such as driver’s licence, ration cards, PAN cards etc. that are mostly applied for specific purposes.
    • Reliable source of authentication: Since Aadhaar allows for biometric authentication, Aadhaar based authentication and verification is considered more reliable, quicker and cost efficient when compared to other IDs.

    Issues with mandatory linking: Puttaswamy judgment highlights

    • Puttaswamy judgment: The above reasons do not suffice the mandating of Aadhaar except in limited circumstances as per the Puttaswamy judgment.
    • Indispensability of the purpose: It needs to be considered whether such mandatory linkage of Aadhaar with Voter ID would pass the test of being “necessary and proportionate” to the purpose of de-duplication which is sought to be achieved.
    • Constitutional ambiguity: In Puttaswamy, one of the questions that the Supreme Court explored was whether the mandatory linking of Aadhaar with bank accounts was constitutional or not.
    • Against informational autonomy: It is the right to privacy which would allow a person to decide which official document they want to use for verification and authentication.

    Other judicial observations: Lal Babu Hussein (1995) Case

    • The Supreme Court had held that the Right to vote cannot be disallowed by insisting only on four proofs of identity.
    • The voters are entitled to rely on any other proof of identity and obtain the right to vote.

    What are the operational difficulties?

    • Aadhaar is not a citizenship proof: The preference to Aadhaar for the purposes of determining voters is puzzling as Aadhaar is only a proof of residence and not a proof of citizenship.
    • Excluding non-citizens is not easy: Verifying voter identity against this will only help in tackling duplication but will not remove voters who are not citizens of India from the electoral rolls.
    • Estimate of error rates in biometric based authentication: This certainly differs. As per the UIDAI in 2018, Aadhaar based biometric authentication had a 12% error rate.
    • Disenfranchisement of existing voters: Errors have led to the disenfranchisement of around 30 lakh voters in AP and Telangana before the Supreme Court stalled the process of linkage.

    Key concern: Right to Privacy

    • Some civil societies has highlighted that linking of the two databases of electoral rolls and Aadhaar could lead to the linkage of Aadhaar’s “demographic” information with voter ID information.
    • This could lead to violation of the right to privacy and surveillance measures by the state.
    • This would leave the EC with the option of verifying its information only through door-to-door checks.
    • There is a lack of enforceable data protection principles that regulate how authentication data will be used.

    What lies ahead?

    • Even as the amendments have been made and the EC has launched a campaign for linkage, a writ petition has filed with the Supreme Court challenging the same.
    • It challenges the amendments as being violative of the right to privacy.
    • The Supreme Court has transferred the writ to the Delhi High Court.
    • In the meantime, it is important that the government clarifies through a correction in Form 6B that the linking is not mandatory.
    • The govt should expedite the enactment of a data protection legislation that allays concerns of unauthorized processing of personal data held by the government.

     

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