[WpProQuiz 1321]
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Same-sex marriage: Legalizing Would Be A Just Way Forward
Central Idea
- The legalisation of same-sex marriage is a natural progression towards accepting and integrating the LGBTQIA+ community in India, which has been marginalized and hounded for decades. While the decriminalisation of homosexuality was a positive step towards acceptance, granting civil rights such as marriage and adoption is essential in creating a more diverse and inclusive society.
LGBTQIA+ community
- LGBTQIA+ is an acronym for Lesbian, Gay, Bisexual, Transgender, Queer/Questioning, Intersex, Asexual/Ally. The plus sign is often added to include other identities and orientations that are not explicitly mentioned in the acronym.
- It is a term used to refer to individuals who identify as any of these sexual orientations or gender identities.
- The community is made up of individuals who may face discrimination, marginalization, and stigma based on their sexual orientation or gender identity. The community advocates for equal rights and acceptance, and works towards achieving societal and legal recognition and protection.
Problems faced by LGBTQIA+ community in India
- Discrimination: Members of the LGBTQIA+ community are often subjected to discrimination, harassment, and violence due to their sexual orientation or gender identity.
- Social Stigma: Homosexuality is still stigmatized in many parts of Indian society, and people who identify as LGBTQIA+ are often ostracized, bullied, and excluded from social activities.
- Lack of legal protection: The Indian legal system does not offer comprehensive legal protection against discrimination and violence based on sexual orientation and gender identity.
- Health issues: Members of the LGBTQIA+ community often face health issues such as HIV/AIDS, depression, anxiety, and substance abuse due to the stress and discrimination they face.
- Limited access to healthcare: Due to social stigma and discrimination, many members of the LGBTQIA+ community face barriers in accessing healthcare services, including mental health care and HIV/AIDS treatment.
- Family rejection: Many members of the LGBTQIA+ community face rejection and disownment by their families, which can lead to mental health issues, homelessness, and financial instability.
- Employment discrimination: Members of the LGBTQIA+ community often face discrimination in the workplace, including being denied jobs, promotions, and other opportunities due to their sexual orientation or gender identity.
- Limited legal recognition: Same-sex marriage is not recognized in India, and LGBTQIA+ couples do not have the same legal rights and protections as heterosexual couples.
What is mean by homosexuality?
- Homosexuality refers to a sexual orientation where an individual is primarily attracted to people of the same gender. It is a natural variation of human sexuality and is not considered a disorder or mental illness. The term is used to describe a person’s identity, behavior, and desire towards people of the same gender.
What is the stigma around homosexuality in India?
- Cultural and religious beliefs: India is a culturally and religiously diverse country with deep-seated traditional values. Many people believe that homosexuality is against these values and that it is a sin.
- Lack of awareness and education: There is still a lack of awareness and education about homosexuality in India, which leads to many misconceptions and negative stereotypes.
- Discrimination and harassment: People who are open about their homosexuality often face discrimination and harassment from society, including family, friends, and colleagues.
- Legal status: Until recently, homosexuality was illegal in India, which further stigmatized the community.
- Masculinity norms: Indian society often associates masculinity with traditional gender roles, which can make it difficult for people who do not conform to these norms.
- Lack of representation: The representation of LGBTQ+ people in Indian media and popular culture is limited, which can contribute to a lack of understanding and empathy for their experiences.
What is mean by Same-sex marriage?
- Same-sex marriage is the legal recognition of a marriage between two individuals of the same sex.
- It grants same-sex couples the same legal and social recognition, rights, and privileges that are traditionally associated with marriage, including property rights, inheritance rights, and the ability to make decisions for each other in medical emergencies.
- The recognition of same-sex marriage varies around the world, with some countries legalizing it while others do not.
- The issue has been the subject of much debate and controversy, with arguments for and against same-sex marriage based on religious, cultural, social, and legal considerations.
Arguments in favor of same-sex marriage
- Civil Rights: Legalizing same-sex marriage is a matter of civil rights, which ensures equal treatment under the law for all individuals, regardless of their sexual orientation.
- Equality: All citizens should have the right to marry the person they love, irrespective of their gender or sexual orientation.
- Family: Same-sex couples should have the same legal rights as heterosexual couples when it comes to adoption, inheritance, and other family-related matters.
- Mental Health: Same-sex couples who can marry experience greater mental health benefits due to increased social support, greater economic stability, and increased social acceptance.
- Social Stability: Legalizing same-sex marriage can help promote social stability by increasing the number of legally recognized families and reducing social stigmas.
Arguments against same-sex marriage
- Religious Beliefs: Many people oppose same-sex marriage because of their religious beliefs and consider it to be a sin.
- Traditional Family: Some people believe that same-sex marriage is a threat to traditional family values.
- Children: There are concerns that children may be negatively affected by growing up in same-sex households.
- Social Consequences: Some people believe that legalizing same-sex marriage will have negative social consequences, including the breakdown of the family and moral decay.
- Slippery Slope: Some people believe that legalizing same-sex marriage could lead to a slippery slope, where other forms of non-traditional marriage become legal as well.
Way ahead
- Education and Awareness: A sustained education and awareness campaign could be launched at various levels, including schools, universities, media, and community organizations to address the social stigma and prejudice against LGBTQIA+ individuals. This could also involve sensitization training for various public and private sector employees to reduce discrimination and bias in the workplace.
- Advocacy: Pro-LGBTQIA+ advocacy groups could play a significant role in lobbying for the legal recognition of same-sex marriages. This could involve building alliances with other civil society organizations, engaging with lawmakers, and using social media to spread awareness about the issue.
- Legal Framework: A new legal framework could be developed to recognize same-sex marriages, which would include rights and protections for LGBTQIA+ individuals. This framework would need to address issues such as inheritance rights, joint property ownership, and the legal recognition of children born to same-sex couples through surrogacy or adoption.
- Consultation: A wide-ranging consultation process could be initiated with stakeholders from different communities, including religious leaders, civil society organizations, and members of the LGBTQIA+ community, to build consensus on the issue.
- Balancing Interests: The government could take a cautious approach to legalizing same-sex marriage, considering the positive effects such as social inclusion and individual rights, and the potential negative effects, such as religious sensitivities and family values. This could involve striking a balance between individual rights and social cohesion, taking into account the unique cultural and social contexts of India.
- Monitoring and Evaluation: The government could set up an independent body to monitor the implementation of same-sex marriage legislation and evaluate its impact on society. This could help to identify areas of success and potential areas for improvement, and ensure that the legal recognition of same-sex marriages is a positive step forward for Indian society as a whole.
Conclusion
- The hallmark of a progressive nation is reflected in its ability to accept diversity, include minorities, and integrate the marginalised. Legalising same-sex marriage may pave the way for generations to come and become a big step towards reclaiming the diverse, multicultural, and inclusive civilisation that India has always been. Government should strike a balance between individual rights and social cohesion, taking into account the unique cultural and social contexts of India.
Mains Question
Q. What do you understand by mean by Homosexuality? Decriminalization of homosexuality in India is considered as a positive step. In this backdrop analyze the issue of Same Sex Marriage in India.
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Drug trafficking In India: New Trends and Serious Security Issues
Central Idea
- Narcotics trade is a global social problem that has harmful effects on the youth and families. This trade generates money that is diverted to disruptive activities having bearing on national security, keeping the law enforcement agencies on tenterhooks. India is also facing the problem of drug trafficking, and the issue is assuming dangerous proportions.
What is Narcotics trade?
- The narcotics trade refers to the illegal production, distribution, and sale of drugs such as opium, heroin, cocaine, and methamphetamine.
- It is a global issue that poses a serious threat to public health and safety, as well as national security.
- The trade is often controlled by criminal organizations, and the money generated from it is often used to fund other illicit activities such as terrorism and money laundering.
Prevalence of Narcotics trade in India
- Significant challenge: The Narcotics trade is a serious problem in India, affecting the youth and families, and leading to the diversion of money for disruptive activities that have a bearing on national security.
- Sandwiched between golden Crecent and golden triangle: India is a big market and a transit route for other countries. India has been seen as sandwiched between the Death (Golden) Crescent and Death (Golden) Triangle.
- Use of drones to supply drugs: The use of drones to supply drugs and weapons across the border in Punjab is a new phenomenon.
- Hot destination for cocaine: India has surprisingly become a hot destination for cocaine, which is controlled by South American drug cartels. Investigations have revealed the connection of these cartels with NRIs based in Canada, Australia, Singapore, Hong Kong, and several European countries along with local drug lords and gangsters in India.
Concerns regarding the Narcotics trade in India
- Social and health impact: Narcotics trade harms youth and families, leading to addiction and health problems.
- Diversion of funds for disruptive activities: The money generated from the narcotics trade is diverted for disruptive activities that have bearings on national security.
- Increase in terrorism: Drug traffickers from across borders have been found to have connections with terrorist organizations like Lashkar-e-Toiba and Hizbul Mujahideen, and the illegal money is used for terror activities sponsored by the ISI.
- Infiltration of organized crime: Organized gangs, which primarily used to carry out extortion activities in their local areas, are getting hooked to the narcotics trade network, and are being used for drug trafficking and gun running. This creates a nexus between terrorists and organized gangs/underworld, which poses a new and disturbing trend that needs to be tackled effectively by security agencies.
- Proliferation of darknet markets: Studies reveal that 62 per cent of the darknet is being used for illicit drug trafficking. The anonymity and low risks of darknet transactions are disrupting traditional drug markets.
- Border security: The heroin and methamphetamine-producing areas have porous borders and are reportedly under the control of rebel groups indirectly supported by intelligence setups. Illicit arms are manufactured here and supplied to underground groups active in India.
Facts for prelims
- The Golden Crescent: The Golden Crescent is a region in South Asia that is known for the production of illicit drugs, particularly opium. The region includes parts of Afghanistan, Iran, and Pakistan. It is one of the two major drug-producing areas in the world, along with the Golden Triangle, which is located in Southeast Asia.
- The Golden Triangle: The Golden Triangle is a region in Southeast Asia that encompasses parts of Myanmar, Thailand, Laos, and Vietnam. It is one of the world’s largest opium-producing areas and is named after the shape formed by the overlapping mountains of these countries.
- Nearly 90% of the world’s demand for heroin and methamphetamine is being met from these regions.
Why drug trafficking is a serious security issue?
- Illegal money: Drug trafficking generates a significant amount of illegal money, which can be used to fund other illegal activities such as terrorism, money laundering, and human trafficking.
- Social and economic consequences: Drug addiction and abuse can have severe social and economic consequences, including increased crime rates, loss of productivity, and strain on the healthcare system.
- Organized crime syndicates: Drug trafficking often involves organized crime syndicates, which can undermine the rule of law and weaken the state’s ability to maintain law and order.
- Impacts regional stability: Drug trafficking can create instability in regions that are already vulnerable to conflict and violence, as rival groups compete for control of the lucrative trade.
Steps taken by India to address the issue of drug trafficking
- National Policy on Narcotic Drugs and Psychotropic Substances: India has a comprehensive policy framework to address the issue of narcotics trade. The National Policy on Narcotic Drugs and Psychotropic Substances provides a framework for controlling the illicit traffic in drugs, preventing drug abuse, and providing care and rehabilitation to drug addicts.
- Narcotics Control Bureau: The Narcotics Control Bureau (NCB) is the nodal agency for combating drug trafficking in India. It works closely with other law enforcement agencies to prevent drug trafficking, intercept drug shipments, and prosecute drug traffickers.
- International cooperation: India has been cooperating with other countries to combat the narcotics trade. It has signed several bilateral and multilateral agreements to strengthen cooperation on drug trafficking, including the SAARC Convention on Narcotic Drugs and Psychotropic Substances and the UN Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances.
- Seizure of drugs: Law enforcement agencies have been seizing large quantities of drugs in recent years. In 2020, the NCB seized over 9,500 kg of drugs and arrested over 5,000 people in drug-related cases.
- Awareness campaigns: The government has been running awareness campaigns to educate people about the dangers of drug abuse. It has also been working with NGOs and civil society organizations to provide care and rehabilitation to drug addicts.
- Use of technology: Law enforcement agencies are using technology to track drug trafficking. For example, the NCB has been using social media and the dark web to track drug trafficking.
- Strengthening border security: India has been strengthening its border security to prevent the entry of drugs into the country. The government has been using modern technology, such as drones and sensors, to monitor the borders.
- Use of financial intelligence: Law enforcement agencies are using financial intelligence to track the money trail of drug traffickers. They are working closely with banks and financial institutions to identify suspicious transactions and freeze the assets of drug traffickers.
Way ahead
- International cooperation: India needs to engage with its neighboring countries to ensure that they take steps to prevent the production and transit of narcotics through their territories. India should also collaborate with international agencies like the United Nations Office on Drugs and Crime (UNODC) to share intelligence and develop a coordinated approach towards combating the drug menace.
- Strengthening law enforcement: India should strengthen its law enforcement agencies and provide them with the necessary resources and training to effectively tackle the narcotics trade. The Narcotics Control Bureau (NCB) should be given more teeth and made more proactive in tracking down drug traffickers and seizing drugs.
- Public awareness: India needs to launch a sustained public awareness campaign to educate people about the harmful effects of drugs and the links between drug trafficking and terrorism. The government should also work with civil society organizations to mobilize communities to report drug-related activities in their neighborhoods.
- Stricter punishment: India needs to introduce stricter punishment for drug traffickers and increase the penalties for drug-related crimes. This will act as a deterrent and make it more difficult for drug traffickers to operate in India.
- Use of technology: India needs to leverage technology to track and intercept drug shipments. The use of drones and other unmanned aerial vehicles can be explored to monitor the movement of drugs across borders.
- Monitoring darknet activities: India needs to monitor activities on the darknet and take action against those engaged in drug trafficking through this channel. The NCB can work with international agencies to track down drug traffickers operating on the darknet.
- Rehabilitation: India needs to focus on rehabilitating drug addicts and providing them with the necessary support to overcome their addiction. This will help in reducing demand for drugs and prevent people from getting into the trap of drug trafficking.
Conclusion
- The problem of drug trafficking is a growing threat to India’s security, and the issue needs to be addressed urgently. Concerted and coordinated efforts of all the agencies will be required to tackle this growing threat. The nexus between terrorists and organized gangs/underworld is a new and disturbing trend and the law enforcement agencies must develop new strategies to counter the new trends.
Mains Question
Q. The problem of drug trafficking is a growing threat to India’s security. In this backdrop discuss the concerns regarding narcotics trade in India and suggest a way ahead
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Mapping India’s Export Hotspots
Central idea: The article discusses the top exporting districts in India and their contribution to the country’s overall exports. It also provides information on the top exported commodities in each district.
Top Exporting Districts in India
Rank District State Share of India’s Exports 1 Jamnagar Gujarat 24% 2 Surat Gujarat 4.5% 3 Mumbai Suburban Maharashtra 4.5% 4 Dakshina Kannada Karnataka – 5 Devbhumi Dwarka, Bharuch, Kachchh Gujarat – 6 Mumbai Maharashtra – 7 Kancheepuram Tamil Nadu – 8 Gautam Buddha Nagar Uttar Pradesh – Top Exporting Districts in Each State
- Map 1 shows the district that formed the highest share of a State’s exports in FY23.
- The size of the circle in the map corresponds to the value of exports.
- Most top exporting districts in the north-eastern States formed as much as 90% of a State’s exports, while some top exporting districts formed only around 20% of a State’s exports.
Top Exported Commodities
- Jamnagar’s dominance can be attributed to the fact that it formed a lion’s share of India’s surging petroleum exports, while Kancheepuram’s most exported commodity was smartphones.
- Map 1 also lists the top exported commodity of the top exporting districts in each State.
Top Exporting Districts for Each Commodity
- Maps 2A-2F show the top five exporting districts for the top six commodities exported by India.
- They include petroleum products, precious stones and jewellery, rice, wheat and other cereals, smartphones and electronic parts, vehicles other than railways, and pharmaceutical products.
Share of Top Exporting Commodity
- Table 3 shows the share of the top exporting commodity of the top exporting district in India’s total exports.
- For instance, Jamnagar’s petroleum products export formed 67% of India’s total exports for that commodity, while Surat’s precious stones and jewellery exports formed 36% of India’s total exports for that commodity.
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Heatwaves in India: Increasing Frequency Needs Range of Measures to Mitigate
Central Idea
- India is facing an increasing heatwave due to climate change, leading to significant agricultural crop losses, urban unlivability and reduced labour productivity. India need to take range of measures to mitigate the problem, such as expanding green cover, upgrading urban building standards, embracing public transportation, and improving waste segregation and management.
What is Heat wave?
- A heatwave is a prolonged period of abnormally hot weather.
- Heatwaves usually last for several days or weeks and can occur in both dry and humid climates.
- They are characterized by temperatures that are significantly higher than the average for a particular region during that time of year. This is because climate change is causing a rise in global temperatures. As the planet heats up, it leads to more extreme weather events, such as heat waves. Its geography makes India particularly vulnerable to these events.
Frequency of Heatwaves in India
- Increase in frequency and intensity: India has been witnessing an increase in the frequency and intensity of heatwaves in recent years.
- For instance: In April and May 2022, around 350 million Indians were exposed to strong heat stress. On an average, five-six heat wave events occur every year over the northern parts of the country.
- Rise in summer temperatures as well as winter temperature: Summer temperatures have risen by an average of 0.5-0.9°C across districts in Punjab, Haryana, Uttar Pradesh, Bihar, and Rajasthan between 1990 and 2019. In addition, around 54% of India’s districts have seen a similar rise in winter temperatures.
- Temperature rise projection: It is expected that between 2021 and 2050, the maximum temperature will rise by 2-3.5°C in 100 districts and by 1.5–2°C in around 455 districts. Winter temperatures will also rise between 1°C and 1.5°C in around 485 districts
Fact for prelims: Urban Heat Island Effect
- High temperature in Urabn areas: The urban heat island effect is a phenomenon in which urban areas experience higher temperatures than the surrounding rural areas.
- For instance: Cities in India are beset with the urban heat island effect, with temperatures 4-12°C higher than rural outlying areas.
- Human activities are primary reason: This is primarily caused by human activities such as transportation, industrial processes, and energy consumption, which release heat and pollutants into the atmosphere.
- Urab landscape made up of concrete absorbs more heat: The urban landscape, with its large amounts of concrete and asphalt, also absorbs and retains more heat than natural surfaces such as forests and grasslands.
- Reduced vegetation is a contributing factor: Additionally, reduced vegetation and tree cover in urban areas contribute to the urban heat island effect, as plants help to cool the environment through evapotranspiration.
- Negative impact: The urban heat island effect can have negative impacts on human health, as well as on energy consumption, air and water quality, and ecological systems.
The Socio-economic impact of heat waves
- Health: Heatwaves can cause heat exhaustion, heat cramps, and heat stroke, leading to hospitalization and death. People working outdoors, such as farmers, construction workers, and street vendors, are particularly vulnerable. The elderly, children, and people with pre-existing health conditions are also at a higher risk of heat-related illnesses.
- Labor productivity: High temperatures reduce work capacity and productivity, especially for outdoor workers. This can lead to income loss and lower economic growth.
- For instance: For labourers doing heavy work, heat exposure leads to a loss of 162 hours per year, as per one study. A rise in temperatures directly impacts labour productivity. About 50% of India’s workforce is estimated to be exposed to heat during their working hours. This includes marginal farmers, labourers at construction sites and street vendors parlaying their produce on the streets; increasingly, even gig economy workers are affected.
- Agriculture: Heatwaves can damage crops and livestock, leading to reduced yields and income loss for farmers. High temperatures and low soil moisture can also lead to drought and water scarcity, which can further exacerbate the agricultural impact.
- For example: 90% of India’s cumin production is from Gujarat and Rajasthan. The recent weather variability has destroyed the majority of the cumin crop in Rajasthan. From agricultural crop losses, it is a short step towards drought and higher mortality.
- Energy demand: During heatwaves, the demand for electricity and other forms of cooling increases, leading to power outages and blackouts. This can affect businesses, hospitals, and other critical infrastructure.
- Migration: Heatwaves can lead to migration as people seek cooler areas or better living conditions. This can strain resources in the destination areas and lead to social tensions.
Ways to Mitigate the Problem
- Greening could help mitigate part of the problem: Ideally, for every urban citizen in India should have at least seven trees in the urban landscape. However, many urban localities even in leafy Delhi fall short. Development plans for Tier 2 and Tier 3 cities can set up a mandate to increase urban surface area that is permeable, while pushing to increase the density and area of urban forests.
- Expanding and restoring wetlands: Expanding wetlands and restoring dead and decaying ponds/lakes may also help ensure ecological functioning along with reducing urban heat.
- Reducing the urban heat island effect: This requires a push for greater usage of permeable materials in civic infrastructure and residential construction and enhancing natural landscapes in urban areas. Urban layouts such as brick jalis for ventilation and terracotta tiles to allow hot air to escape, and curbs on anthropogenic heat emissions from vehicles, factories, etc. may be considered.
- Avoiding usage of heat absorbent material: Urban building standards should be upgraded to avoid usage of heat-absorbent galvanized iron and metal roof sheets.
- Using cleaner cooking fuels: Using cleaner cooking fuels will reduce indoor air pollution, which may also help reduce urban heat.
- Increasing natural vegetation: Streets with low ventilation may need further expansion, or an increase in natural vegetation
- Voluntary and other measures: Other measures can also be considered such as, from embracing public transportation, to reducing personal vehicle usage and, most importantly, reducing the size of landfills. A push for waste segregation, along with solid waste management at source, can help.
- Improving our forecasting ability: India needs to improve our forecasting ability, including the potential impact of heat on food production.
- Improving economic models: Current econometric models associated with food inflation primarily look at the variability in the monsoon, minimum support prices and vegetable prices. India needs to add local heat trends to the mix as well, given the impact of heat on food production, storage and sale.
- Detailed management policies: We need detailed policies and guidelines on weather variability and urban heat management at the State, district, city and municipality ward levels.
Value addition box: The Chandigarh Model, a template to build climate-responsive architecture
- Natural green belts: The city was set up by the foothills of the Shivaliks, between two river beds, while natural green belts were incorporated within the city’s master plan.
- For instance: A large green belt of mango trees was also planted around the city to help reduce urban sprawl and to serve as a buffer between the residential city and the industrial suburbs.
- Climate responsive architecture: Local architecture such as mud houses within the region was considered as a template to build climate-responsive architecture.
- City cooling plans: A small rivulet was dammed to create the Sukhna lake, to help cool the city, while small water bodies were developed near large buildings.
- Increased tree cover: Parks were planned out in every sector, along with tree plantations alongside all the major roads. Large forest areas were also reserved.
Conclusion
- With climate change exacerbating local weather patterns, we are likely to see April-May temperatures reaching record highs every three years. Moreover, an El Niño-influenced monsoon bodes ill for marginal farmers and urban migrants. Policymakers must take mitigatory action early, while instituting structural infrastructure measures to help Indians adapt to these conditions.
Mains Question
Q. What do you understand by mean urban heat island effect? What measures can be taken to mitigate the impact of rising heatwaves and how can these efforts be integrated with broader climate change adaptation strategies?
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Nikaalo Prelims Spotlight || Bilateral Relations
Dear Aspirants,
This Spotlight is a part of our Mission Nikaalo Prelims-2023.
You can check the broad timetable of Nikaalo Prelims here
Session Details
YouTube LIVE with Parth sir – 7 PM – Prelims Spotlight Session
Evening 04 PM – Daily Mini Tests
Join our Official telegram channel for Study material and Daily Sessions Here
18th Apr 2023
Bilateral Relations
- Technology Innovation Hubs (TIH)
Joint India-US research projects will be implemented through TIH.
About TIH
• It comes under National Mission on Interdisciplinary Cyber- Physical Systems (NM-ICPS) and is aimed at providing requisite infrastructure (testbeds and data sets), enabling collaboration (e.g. on AI and wireless) and encouraging exchange
programmes.
NM-ICPS was launched in 2018 for 5 year period to enable academia-industrygovernment collaboration and provide technical support for CPS implementations.
Activities under NM-ICPS are: Technology Development; Human Resources and Skill development; Entrepreneurship; Innovations and International Collaborations. - Non-nuclear aggression agreement
• The Non-nuclear aggression agreement is a bilateral and nuclear weapons control treaty between the two South Asian states, India and Pakistan, on the reduction (or limitation) of
nuclear arms and pledged not to attack or assist foreign powers to attack on each’s nuclear installations and facilities.
• The treaty barred its signatories to carry out a surprise attack (or to assist foreign power to attack) on each other’s nuclear installations and facilities.
• The treaty provides a confidence-building security measure environment and refrained each party from “undertaking, encouraging, or participating in directly or indirectly, any action
aimed at causing destruction or damage to any nuclear installation or facility in each country”.
• Starting in January 1992, India and Pakistan have annually exchanged lists of their respective military and civilian nuclear-related facilities. - Foundational agreements between India and US
The United States signs “foundational agreements” with its defence partners. These are “routine” agreements and include:
General Security of Military Information Agreement (GSOMIA):
● (a military information agreement) was the first of the foundational agreements to be signed in 2002
● It essentially guaranteed that the two countries would protect any classified information or technology that they shared
● It was aimed at promoting interoperability and laid the foundation for future US arms sales to the country.
LEMOA (logistics exchange agreement):
● It was signed in 2016
● It provides the framework for sharing military
logistics, for example for refueling and replenishment of
stores for ships or aircraft transiting through an Indian/US facility
COMCASA (communications security agreement):
● It was signed in 2018
● This enables the US to supply India with its
proprietary encrypted communications equipment and
systems, allowing secure peacetime and wartime
communications between high-level military leaders on both sides.
Basic Exchange Cooperation Agreement (BECA) signed in 2020:
● BECA will help India get real-time access to American geospatial intelligence that will enhance the accuracy of automated systems and weapons like missiles and armed drones.
● Through the sharing of information on maps and satellite images, it will help India access topographical and aeronautical data, and advanced products that will aid in navigation and targeting. - Supporting Entrepreneurs in Transformation and Upskilling (SETU)
Supporting Entrepreneurs in Transformation and Upskilling (SETU) will connect start-ups in India with USbased investors, mentors and leaders.
• SETU is designed to break the geographical barriers between mentors based in US that are willing to invest in entrepreneurship and sunrise startups in India.
• The interaction will be supported through the mentorship portal under the Startup India initiative MAARG, or the Mentorship, Advisory, Assistance, Resilience, and Growth program, which is a single-stop solution finder for startups in India.
• The core functions of MAARG are to improve ease of access, use Artificial Intelligence for Matchmaking, schedule meetings virtually, host masterclasses, provide a custom dashboard
for relevant information, analytics, features, etc., host cohort-based programs that will allow startup ecosystem enablers to be become a part of the program and enable outcome driven
activities. - International North-South Transport Corridor (INSTC)
INSTC is a 7,200-km multi-modal transport corridor that combines road, rail and maritime routes connecting Russia and India via Central Asia and Iran. The corridor is expected to consolidate the emerging Eurasian Free Trade Area.
• Legal Framework: The legal framework for the INSTC is provided by a trilateral agreement signed by India, Iran and Russia at the Euro-Asian Conference on Transport in 2000.
Significance of INSTC:
• Reduce freight costs by 30% and the journey time by 40% in comparison with the conventional deep-sea route via the Suez Canal
• Complement East-West axis: INSTC can shape a north-south transport corridor that can complement the east-west axis of the China-led Belt and Road Initiative (BRI).
• Bypass Pakistan to access Afghanistan, Central Asia and beyond
• Departure from non-alignment to multi-alignment: E.g., India’s working under QUAD, SCO and INSTC.
• ‘Chabahar Day’ is observed to promote Chabahar – Ministry of Port, Shipping and Waterways (MoPSW) in association with India Ports Global observed ‘Chabahar Day’ to mark the Chabahar – Link to INSTC – Connecting Central Asian Markets. - Mahakali Treaty
Mahakali Treaty is an agreement between the Government of Nepal and the Government of India regarding the development of watershed of Mahakali River. The treaty recognizes the Mahakali River as a boundary river between the two countries. - Kushiyara river treaty between India and Bangladesh
● A memorandum of understanding (MoU) was signed on sharing of the waters of the Kushiyara river(distributary of the Barak river)which flows through Assam, and then on to
Bangladesh.
What is the Kushiyara agreement?
● Under the agreement, Bangladesh will be able to withdraw 153 cusecs (cubic feet per second) of water from the Kushiyara which will solve the water crisis for farmers of Sylhet.
● The water of Kushiyara will be channelled through the Rahimpur Canal project in Sylhet.
● Rahimpur canal is the only supplier of water from the Kushiyara to the region. - Indus Water Treaty
India and Pakistan signed the treaty in 1960 after nine years of negotiations, with the Washington-based World Bank being a signatory.
The treaty sets out a mechanism for cooperation and information exchange between the two countries regarding their use of the rivers.
Under the Indus Water Treaty (IWT), all the waters of the eastern rivers—Sutlej, Beas, and Ravi—is allocated to India for
unrestricted use.
The waters of western rivers—Indus, Jhelum, and Chenab have been assigned largely to Pakistan.
Permanent Indus Commission:
● The Permanent Indus Commission is a bilateral commission of officials from India and
Pakistan, created to implement and manage goals of the Indus Waters Treaty, 1960.
● The Commission according to the treaty must meet regularly at least once a year, alternately
in India and Pakistan.
The functions of the Commission are:
● to study and report to the two Governments on any problem relating to the development on
the waters of the rivers.
● to solve disputes arising over water sharing.
● to arrange technical visits to projects’ sites and critical river head works.
● to undertake, once in every five years, a general tour of inspection of the Rivers for
ascertaining the facts.
● to take necessary steps for the implementation of the provisions of the treaty.
- Technology Innovation Hubs (TIH)
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[Burning issue] Extra judicial killings in India
Context
- The Uttar Pradesh Special Task Force has recently encountered two persons who were wanted in connection with a murder case.
- The incident has again highlighted the issue of extra-judicial killings or encounters by security forces.
- In this context, this edition of the Burning Issue will deal with the issue of extra-judicial killings.
What Are Extra-Judicial Killings?
- Extra-judicial killing occurs when a person is killed by governmental authorities without a judicial decision or hearing on the case. In India, it is also known as extra-legal killing or encounter killing.
History of Extra-Judicial Killings in India
- In the past, the Indian subcontinent has seen a lot of things that led to the current situation of encountering killing.
- Ancient: Manusmriti and other ancient Hindu texts provide insight into the Indian criminal law system of the past. The Manu-Smriti says that torture is necessary to stop crimes and keep society peaceful. The Indian kings used torture to uncover the truth and solve crimes, adhering to the previous system.
- Medieval: The rule of “eye for an eye” was upheld when Mughal rulers were present. The British rulers in India accepted torture as a method of questioning the accused after the Mughals.
- Present: Despite the fact that the Indian judiciary is founded on the principle of “innocent until proven guilty,” the Indian police still employ torture and humiliation as methods of interrogation today.
Encounter Law in India
- No specific law: There is no specific encounter law in India. But there are certain situations described by the Indian Penal Code in which a civilian or a government entity can take another person’s life.
- Only in self-defence: The law allows the state authorities to kill another person during an investigation only when it’s a matter of self-defence. There are provisions in the Indian Penal Code citing the same.
- IPC Section 100: states that a person can take another person’s life only in the following situations:
- If the assault leads to another death otherwise or a very serious injury as a consequence.
- If the assault is carried out with the intent of rape, satisfying unnatural lust, or kidnapping.
- If the assault is carried out with the intent of wrongfully trapping a person, where he cannot seek the help of public authorities for his liberation.
What is the legislative status in India?
- No Legislation – No law in India exclusively defines encounter killings.
- Indian Penal Code – Sections 96-106 of the Indian Penal Code, 1860 deal with the Right to Private Defence. Under these sections, death in an encounter will not amount to a criminal offence, when it is done in self-defence.
- CrPC – Section 46 of the Criminal Procedure Code (CrPC), 1973 allows police officers to use any degree of force which is required to arrest the accused or prevent the accused from escaping.
- Supreme Court judgment: The Supreme Court in Om Prakash Vs the State of Jharkhand (2012) stated that extra-judicial killings are not recognized as legal by our criminal justice administration system and amount to State-sponsored terrorism.
Constitutionality of Extra-Judicial Killings
- Extra-judicial killings also serve as an attack on the fundamental rights of the citizens. The fundamental rights which are violated because of these unlawful killings are:
- Article 21– the right to life and personal liberty except according to procedure established by law.
- Article 22– the right to be protected against arrest and detention.
The Reason for Extra-judicial Killings
- Support from politicians: Indian political leaders occasionally tout the accomplishments of their state police in keeping the region’s peace, such as the number of encounters they have recorded.
- Support from the masses: People in general once in a while upholds these experience killings since they feel that the legal executive cannot make an opportune judgment.
- Work stress: When wrongdoing is perpetrated, the police need to pursue settling it. Because there are approximately 150 police officers for every one million people in India, the police are frequently understaffed.
- Weak human rights organizations: When it comes to criticizing the killings, the State Human Rights Commission (SHRC) and the National Human Rights Commission (NHRC) are not as effective as they should be.
- Rewards for encounters: The experience encounter executioners are compensated with monetary rewards, grants and motivators to lead the kills.
- Glorification of extra-judicial killings: The encounter killers are sometimes viewed by the general public as heroes who are punishing criminals. In Bollywood films, extrajudicial killings are glorified by having the hero engage in a confrontation and claim it to be justice.
What is the status of extra-judicial killings in India?
- 5-fold increase: A report states that the number of encounter killings has nearly multiplied by five over the past six years.
- In the six years between 2016-17 and 2021-22, India’s registration of encounter-killing cases decreased by 15%.
- From 2016 to 2021, India recorded 813 encounter killings. Between 2021 and 2022, the number of cases increased by 69.5 per cent.
- While there was a critical drop in these cases during the pinnacle of the Coronavirus pandemic – from 112 of 2019-’20 to 82 in 2020-’21 – there was a 69.5% spike the following year with 139 cases.
State-wise analysis:
- In their unofficial “Operation Langda” mission, the Uttar Pradesh Police shot and wounded more than 3,300 criminals in 8,472 encounters.
- Chhattisgarh had the most extrajudicial killings with 259 in the six years since April 2016, followed by Uttar Pradesh with 110 and Assam with 79.
- In the past six years, the number of extrajudicial killings in Uttar Pradesh has more than doubled.
Why do encounter killings receive the support of the masses?
- The common man in India is very unsatisfied with the long and tiring police investigations and judicial procedures. Sometimes, the accused are not punished because of the absence of proof or are given less severe than they deserve.
- In such a situation, many believe that encountering killings are a way to speedy justice.
A negative outcome of these killings
- Loss of life: The most obvious negative outcome of a fake encounter is the loss of life of an innocent person. If the police use excessive force or fake evidence, they can end up killing an innocent person.
- Violation of human rights: A fake encounter by the police is a violation of the fundamental human right to life. It is also a violation of the right to a fair trial and due process of law.
- Damage to public trust: When the police are found to have been involved in a fake encounter, it can damage public trust in law enforcement. This can lead to increased mistrust and hostility towards the police.
- Increase in crime: If the public loses trust in the police, they may be less likely to cooperate with law enforcement in investigations. This can lead to an increase in crime and a decrease in public safety.
- Rise of a retributive society: such incidents lead to the rise of revenge feelings against society, government and police leading to rise of new criminals.
How to control extra-judicial killings?
NHRC Guidelines
- In March 1997, Justice M. N. Venkatachaliah (the then chairperson of the NHRC), asked all states and UTs to ensure that police follow the following set of guidelines in cases of encounter killings:
- Launching an FIR: At the point when the responsible for a Police headquarters gets data about the passings in an experience, he will keep that data in the proper register.
- Proper Investigation: The information that is received shall be deemed sufficient to constitute a suspicion, and immediate action must be taken to investigate the relevant facts and circumstances that led to the death in order to determine, if any, the nature and perpetrator of the offense.
- Compensation if found innocent: It tends to be allowed to the wards of the departed when the cops are indicted based on the after-effects of the examination.
- Independent Organization: It is appropriate to refer the cases for investigation to some other independent investigation agency, such as State CID, whenever the encounter party consists of police officers from the same police station. These guidelines were extended in 2010 by the NHRC to include:
- Authoritative Test: An authoritative inquiry should be held in all instances of death which happen throughout police activity, as quickly as could be expected (ideally in three months or less).
- Making a Commission Report: Within 48 hours of death, the Senior Superintendent of Police/Superintendent of Police of the District is required to report any police-related deaths to the Commission.
- Within three months, a second report containing information such as a post-mortem report and findings must be submitted to the Commission in all instances.
Supreme Court 16-point guidelines
- In 2014, the Supreme Court in the PUCL Vs State of Maharashtra case formulated 16-point guidelines on extra-judicial killings. Some of the guidelines include prompt action, FIR registration, independent investigation etc. The National Human Rights Commission (NHRC) has also laid down strict guidelines that government officials must follow in the case of extra-judicial killing.
Way Forward
- For the credibility of the rule of law to be maintained, encounter killings must be thoroughly investigated.
- The state government is responsible for upholding the rule of law and instructing police officers on how to handle unforeseen circumstances and safeguard those in custody.
- In addition, the criminal justice system must be completely overhauled and necessary police reforms must be implemented.
- Respect for human rights must be instilled in officers involved in the increasing number of encounter killings.
- UN Convention against Torture – India should take immediate measures to ratify UN Convention against Torture and the enactment of the Prevention of Torture Bill, 2017.
- Strict Implementation – Ensure the strict implementation and monitoring of the Supreme Court and the NHRC guidelines on fake encounter deaths.
Conclusion
- ‘The rule by gun’ should not be preferred to ‘the rule of law’. The fundamental premise of the rule of law is that every human being, including the worst criminal, is entitled to basic human rights and due process.
- Unless it is for self-defense, all extra-judicial killings are otherwise unacceptable in a society of law.
- The need of the hour is to rebuild the lost trust in the justice delivery mechanism in the country and fast-track the process.
- We must recall what the Supreme Court said in the Salwa Judum case (2011):
The primordial value is that it is the responsibility of every organ of the State to function within the four corners of constitutional responsibility. That is the ultimate rule of law.
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What is Ninth Schedule of the Constitution?
Central idea: Chhattisgarh CM has written to the Prime Minister seeking the inclusion of two amendment Bills allowing for higher quotas in jobs and educational institutions in the Ninth Schedule of the Constitution.
What is Ninth Schedule?
- The Ninth Schedule is a legal provision in the Constitution of India that provides immunity to certain laws from judicial review.
- It is a list of Central and State laws that are immune from judicial review.
- These laws are not subject to judicial scrutiny or challenge in any court of law, including the Supreme Court of India.
Details Definition A list of Central and State laws that are immune from judicial review. History Added to the Constitution by the First Amendment in 1951. Purpose back then To protect land reforms and other progressive laws from being challenged in courts. Significance Used to protect laws related to land reforms, reservation in education and employment, anti-defection laws, and other progressive measures aimed at social justice and equality. Criticisms Criticised for shielding unconstitutional laws and violating fundamental rights. Supreme Court of India has struck down several laws in the Ninth Schedule on the grounds that they violate the basic structure of the Constitution.
Amendment Constitution (Ninety-Sixth Amendment) Act, 2001 added a provision stating that any law added to the Ninth Schedule after April 24, 1973, can be challenged in courts on the ground that it violates the fundamental rights guaranteed by the Constitution. What is the request made by CG CM?
- In Chhattisgarh’s case, the two amendment Bills were passed unanimously by the State Assembly paving the way for 76% quota for Scheduled Caste, Scheduled Tribes and Other Backward Classes.
- However, the Bills are yet to receive the Governor’s nod.
- The Chhattisgarh High Court had struck down a 2013 State government order to allow 58% quota, holding that reservation above the 50% ceiling was “unconstitutional.”
Request for Inclusion in Ninth Schedule
- The CM presented the demographics of the State and wrote that the socio-economic and educational condition of the OBC people of the State is as weak as that of the SC/ST people.
- He argued that the inclusion of the amended provision in the Ninth Schedule of the Constitution is necessary for the people of the deprived and backward classes to get justice.
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WTO panel rules against India in IT tariffs dispute
A World Trade Organization (WTO) panel has ruled that India has violated global trading rules in a dispute with the European Union (EU), Japan, and Taiwan over import duties on IT products.
About World Trade Organization (WTO)
Details Purpose Regulate and facilitate international trade between nations Establishment 1995 Headquarters Geneva, Switzerland Membership 164 member countries as of 2023, representing over 98% of global trade Goal Promote free and fair trade by negotiating and enforcing rules and agreements governing international trade Agreements Administers a number of agreements, including GATT, SPS Agreement, and TRIPS Agreement Dispute Resolution Operates a dispute settlement system to resolve conflicts between member countries Technical Assistance Provides technical assistance and training to help developing countries participate more effectively in international trade Decision-Making Body Ministerial Conference, which meets every two years Director-General Chief executive responsible for overseeing the organization’s operations and activities Criticisms Some criticize the WTO for being undemocratic, favoring developed countries, and not doing enough to promote labor and environmental standards in international trade What was the case?
- The case involved a dispute over India’s introduction of import duties ranging from 7.5% to 20% on a wide range of IT products, including mobile phones, components, and integrated circuits.
- The EU, Japan, and Taiwan challenged these import duties in 2019, arguing that they exceeded the maximum rate allowed under global trading rules.
- The recent ruling by the WTO panel found that India had violated these rules and recommended that India bring its measures into conformity with its obligations.
WTO Panel’s Ruling
- The WTO panel has ruled that India violated global trading rules by imposing these import duties.
- The panel recommended that India bring these measures into conformity with its obligations.
- While the panel broadly backed the complaints against India, it rejected one of Japan’s claims that India’s customs notification lacked “predictability”.
Implications of the ruling
- The EU is India’s third-largest trading partner, accounting for 10.8% of total Indian trade in 2021, according to the European Commission.
- The ruling could have implications for trade relations between India and the EU, as well as Japan and Taiwan.
- India may be required to lower or eliminate the challenged import duties.
- It remains to be seen whether India will appeal against the ruling.
- If it does, the case will sit in legal purgatory since the WTO’s top appeals bench is no longer functioning due to US opposition to judge appointments.
Conclusion
- The panel recommended that India bring such measures into conformity with its obligations, and it remains to be seen whether India will appeal against the ruling.
- The case highlights the importance of complying with global trading rules and the role of the WTO in resolving trade disputes between countries.