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China’s role in stabilising Afghanistan
Context
Amid the gloom that has enveloped Afghanistan, one hope for many countries has been China’s potential role in stabilising it.
Factors that call for China to play role in Afghanistan
- Scope for India-China cooperation: In the past, even India thought that Afghanistan would be a natural area for India and China to work together.
- But little came out of the understanding after the Wuhan summit in 2018.
- Northern neighbours: Afghanistan’s northern neighbours, Turkmenistan, Uzbekistan, and Tajikistan all have expanding political and economic ties with China but have traditionally relied on Russia for their security.
- They might support a larger role for Beijing in Afghanistan in partnership with Russia.
- Iran, Kabul’s western neighbour, also has deepening ties with China.
- Bilateral cooperation with the U.S.: Washington, now locked in an escalating confrontation with Beijing, sees Afghanistan as a potential area of bilateral cooperation.
- Role of Pakistan: Beijing is indeed critical in Pakistan’s plans for Afghanistan.
- Afghan leaders have also been eager to draw China’s BRI into their plans for economic modernisation.
- China was also important for Kabul’s political calculus in limiting Pakistan’s quest for dominance.
Two challenges in China playing role in stabilising Afghanistan
1) Caution in Chinese policy
- The first relates to the deep sources of caution in Chinese policy.
- Neither the prospect of mining Afghanistan’s natural resources nor the vanity of being the newest superpower will compel China to rush into the Afghan vacuum.
- China has deep concerns about Taliban’s ideology and its potential role in fomenting instability in its restive Muslim-majority province, Xinjiang.
- Beijing cannot depend on its special relationship with the Pakistan army to ensure the security of China’s frontiers as well as its investments in Afghanistan.
- The growing attacks on CPEC projects in Pakistan, underline the difficulty of pursuing economic development amid endemic violence.
2) Priorities of Taliban
- The second set of problems relate to the priorities of Taliban.
- It remains to be seen whether the economic development of Afghanistan is a top priority for the Taliban or not.
- Also, is it open to let in foreign capital and all the baggage that comes with it?
- More fundamentally, there is no clarity on the role of economic modernisation in Taliban’s fierce insistence on the creation of an Islamic emirate in Afghanistan.
Conclusion
It is against this backdrop that the chances of China playing a major role in stabilising Afghanistan remain slim.
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Explained: Conjugal rights before Supreme Court
The Supreme Court is expected to begin hearing a fresh challenge to the provision allowing restitution of conjugal rights under Hindu personal laws.
What is the provision under challenge?
- Section 9 of the Hindu Marriage Act, 1955, which deals with restitution of conjugal rights.
What are conjugal rights?
- Conjugal rights are rights created by marriage, i.e. the right of the husband or the wife to the society of the other spouse.
- The law recognizes these rights— both in personal laws dealing with marriage, divorce etc and in criminal law requiring payment of maintenance and alimony to a spouse.
- The concept of restitution of conjugal rights is codified in Hindu personal law now, but has colonial origins and has genesis in ecclesiastical law.
- Similar provisions exist in Muslim personal law as well as the Divorce Act, 1869, which governs Christian family law.
- Incidentally, in 1970, the United Kingdom repealed the law on restitution of conjugal rights.
How can a case under Section 9 be filed?
- If a spouse refuses cohabitation, the other spouse can move the family court seeking a decree for cohabitation.
- If the order of the court is not complied with, the court can attach property.
- However, the decision can be appealed before a High Court and the Supreme Court.
- Normally, when a spouse files for divorce unilaterally, the other spouse files for restitution of conjugal rights if he or she is not in agreement with the divorce.
- The provision is seen to be an intervention through legislation to strike a conciliatory note between sparring spouses.
Why has the law being challenged?
- The law is being challenged now on the main grounds that is violative of the fundamental right to privacy.
- The plea argues that court-mandated restitution of conjugal rights amounted to a “coercive action” on the part of the state, which violates one’s sexual and decisional autonomy, and right to privacy and dignity.
- In 2019, a nine-judge Bench of the Supreme Court recognised the right to privacy as a fundamental right.
- The verdict in the privacy case set the stage for potential challenges to several laws such as the criminalization of homosexuality, marital rape, restitution of conjugal rights, the two-finger test in rape investigations.
Question over gender-neutrality
- Although the law is ex-facie (‘on the face if it’) gender-neutral since it allows both wife and husband to seek restitution of conjugal rights, the provision disproportionately affects women.
- Women are often called back to marital homes under the provision and given that marital rape is not a crime, leaves them susceptible to such coerced cohabitation.
- It will also be argued whether the state can have such a compelling interest in protecting the institution of marriage that it allows legislation to enforce the cohabitation of spouses.
What has the court said about the law earlier?
Supreme Court:
- In 1984, the Supreme Court had upheld Section 9 holding that the provision “serves a social purpose as an aid to the prevention of break-up of marriage”.
- Leading up to the Supreme Court intervention, two High Courts — those of Andhra Pradesh and Delhi — had ruled differently on the issue.
AP High Court:
- In 1983, AP High Court had for the first time struck down the provision and declared it null and void. It cited the right to privacy among other reasons.
- The court also held that in “a matter so intimately concerned the wife or the husband the parties are better left alone without state interference”.
- The court had, most importantly, also recognised that compelling “sexual cohabitation” would be of “grave consequences for women”.
Delhi High Court:
- In the same year, a single-judge Bench of the Delhi High Court took a diametrically opposite view of the law and upheld the provision.
- From the definitions of cohabitation and consortium, it appears that sexual intercourse is one of the elements that go to make up the marriage.
- But it is not the summum bonum (the ultimate aim). As if marriage consists of nothing else except sex.
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[pib] Bad Bank launched for stressed assets
The Government has launched a Bad Bank with all the regulatory approvals in place.
What is a Bad Bank?
- A bad bank conveys the impression that it will function as a bank but has bad assets to start with.
- Technically, it is an asset reconstruction company (ARC) or an asset management company that takes over the bad loans of commercial banks, manages them and finally recovers the money over a period of time.
- Such a bank is not involved in lending and taking deposits, but helps commercial banks clean up their balance sheets and resolve bad loans.
- The takeover of bad loans is normally below the book value of the loan and the bad bank tries to recover as much as possible subsequently.
Global examples of Bad Bank
- US-based BNY Mellon Bank created the first bad bank in 1988, after which the concept has been implemented in other countries including Sweden, Finland, France and Germany.
- However, resolution agencies or ARCs set up as banks, which originate or guarantee to lend, have ended up turning into reckless lenders in some countries.
Do we need a bad bank?
- The idea gained currency during Rajan’s tenure as RBI Governor.
- The RBI had then initiated an asset quality review (AQR) of banks and found that several banks had suppressed or hidden bad loans to show a healthy balance sheet.
- However, the idea remained on paper amid lack of consensus on the efficacy of such an institution.
- ARCs have not made any impact in resolving bad loans due to many procedural issues.
What is the stand of the RBI and government?
- While the RBI did not show much enthusiasm about a bad bank all these years, there are signs that it can look at the idea now.
- Experts, however, argue that it would be better to limit the objective of these asset management companies to the orderly resolution of stressed assets, followed by a graceful exit.
Good about the bad banks
- The problem of NPAs continues in the banking sector, especially among the weaker banks.
- The bad bank concept is in some ways similar to an ARC but is funded by the government initially, with banks and other investors co-investing in due course.
- The presence of the government is seen as a means to speed up the clean-up process.
- Many other countries had set up institutional mechanisms such as the Troubled Asset Relief Programme (TARP) in the US to deal with a problem of stress in the financial system.
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Near-Earth Asteroid Scout Mission
Last week, NASA announced that its new spacecraft, named NEA Scout, has completed all required tests and has been safely tucked inside the Space Launch System (SLS) rocket.
For landing on Moon
- NEA Scout is one of several payloads that will hitch a ride on Artemis I, which is expected to be launched in November.
- Artemis I will be an uncrewed test-flight of the Orion spacecraft and SLS rocket.
- Under the Artemis programme, NASA has aimed to land the first woman on the Moon in 2024 and also establish sustainable lunar exploration programs by 2030.
What is NEA Scout?
- Near-Earth Asteroid Scout, or NEA Scout, is a small spacecraft, about the size of a big shoebox. Its main mission is to fly by and collect data from a near-Earth asteroid.
- It will also be America’s first interplanetary mission using special solar sail propulsion.
- This type of propulsion is especially useful for small, lightweight spacecraft that cannot carry large amounts of conventional rocket propellant.
- NEA Scout will use stainless steel alloy booms and deploy an aluminium-coated sail measuring 925 square feet.
- The large-area sail will generate thrust by reflecting sunlight.
- Energetic particles of sunlight bounce off the solar sail to give it a gentle, yet constant push.
How will it study the asteroid?
- NEA Scout is equipped with special cameras and can take pictures ranging from 50 cm/pixels to 10 cm/pixels.
- It can also process the image and reduce the file sizes before sending them to the earth-based Deep Space Network via its medium-gain antenna.
- The spacecraft will take about two years to cruise to the asteroid and will be about 93 million miles away from Earth during the asteroid encounter.
Why should we study near-Earth asteroids?
- Despite their size, some of these small asteroids could pose a threat to Earth.
- Understanding their properties could help us develop strategies for reducing the potential damage caused in the event of an impact.
- Scientists will use this data to determine what is required to reduce risk, increase effectiveness, and improve the design and operations of robotic and human space exploration.
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Why does Mercury have such a big iron core?
Researchers have developed a model showing that the density, mass and iron content of a Mercury’s core is influenced by its distance from the Sun’s magnetic field.
About Mercury
- Mercury is the first and the smallest planet in our solar system.
- It is also the closest planet to Earth.
- Like the other three terrestrial planets, Mercury contains a core surrounded by a mantle and a crust.
- But unlike any other planet, Mercury’s core makes up a larger portion of the planet.
- MESSENGER was a NASA robotic space probe that orbited the planet Mercury between 2011 and 2015, studying Mercury’s chemical composition, geology, and magnetic field.
- It was the analysis from the MESSENGER mission that tells: Mercury’s core is solid.
Mystery over the core
- It has long been known that Mercury’s core composition is made of liquid metal.
- The core itself is about 3,600 km across. Surrounding that is a 600 km thick mantle.
- And around that is the crust, which is believed to be 100-200 km thick.
- The crust is known to have narrow ridges that extend for hundreds of kilometres.
- This large core has long been one of the most intriguing mysteries about Mercury.
Why does Mercury have a large core?
- A new study reveals that the sun’s magnetism is the reason.
- The sun’s magnetic field influences the density, mass, and iron content of Mercury’s core.
- The four inner planets of our solar system—Mercury, Venus, Earth, and Mars—are made up of different proportions of metal and rock.
- A gradient in which the metal content in the core drops off as the planets get farther from the sun.
- The researchers explain how this happened by showing that the sun’s magnetic field controlled the distribution of raw materials in the early forming solar system.
What are the key propositions?
- During the early formation of the solar system, when a swirling dust storm and gas encircled the sun, iron’s grain was drawn toward the centre by the sun’s magnetic field.
- At the time of planet formation from clumps of that dust and gas, planets nearer to the sun consolidated more iron into their centres than those farther away.
- Scientists also found that the density and proportion of iron in the planet’s core correlate with the strength of the magnetic field around the sun during planetary formation.
- Existing models on planetary formation were used to determine the speed at which gas and dust were pulled into the centre of our solar system during its formation.
- The magnetic field that the sun would have generated as it burst into being and calculated how that magnetic field would draw iron through the dust and gas cloud.
Cooling led solidification
- As the early solar system began to cool, dust and gas that were not drawn into the sun started to clump together.
- The clumps closer to the sun would have been exposed to a stronger magnetic field and thus would contain more iron than those farther away from the sun.
- As the clumps coalesced and cooled into spinning planets, gravitational forces drew the iron into their core.
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20th July 2021| Daily Answer Writing Enhancement(AWE)
Topics for Today’s questions:
GS-1 Salient features of Indian Society, Diversity of India
GS-2 Structure, organization and functioning of the Executive and the Judiciary: Government policies and interventions for development in various sectors and issues arising out of their design and implementation.
GS-3 Indigenization of technology and developing new technology
GS-4 Emotional intelligence-concepts, and their utilities and application in administration and governance.
Questions:
Question 1)
Q.1) “The joint family system or an extended family has been an important feature of Indian culture, till a blend of urbanisation and western influence, began to affect in home and hearth”. what are the socio-economic factors that have played their role in the joint family system getting diluted ? (15 Marks)
Question 2)
Q.2) Despite the promise of Article 21, the NCRB data reveals that the number of those dying in prison as they await their trials is only going up. In light of this, examine the issues faced by the incarcerated people in India and suggest the measure to improve their conditions. (10 Marks)
Question 3)
Q.3) Analyse the challenges and opportunities inherent in the push for indigenisation of defence production in India. Also, identify the measures through which indigenous manufacturing of defence equipments is being encouraged by the Government. (15 Marks)
Question 4)
Q.4) Emotional intelligence is the difference that make the difference. In the light of the above statement illustrate how Emotional Intelligence can help in coping with the intense pressure and occupational stress faced officers in discharge of their duties? (10 Marks)
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How To Write The Perfect Essay For UPSC Exam? Absolutely FREE Session Today! Tips, Practice, And Writing Exercise
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[Burning Issue] Draft Anti-Trafficking Bill, 2021
The Union Ministry of Women and Child Development (WCD) has invited suggestions for the draft Trafficking in Persons (Prevention, Care and Rehabilitation) Bill, 2021.
- The bill once finalized will need the Cabinet approval and assent from both the houses of Parliament to become a Law.
- The new Bill comes after a long process of revisions after the Trafficking of Persons Bill 2018 that was passed by the Lok Sabha’s nod amid a heated debate, never made it to Rajya Sabha.
What is the objective of the new bill?
To prevent and counter-trafficking in persons, especially women and children, to provide for care, protection, and rehabilitation to the victims, while respecting their rights, and creating a supportive legal, economic and social environment for them.
Human Trafficking in India
According to statistics of India’s National Crime Records Bureau (NCRB), trafficking has manifold objectives.
- These include forced labor, prostitution, and other forms of sexual exploitation. According to the NCRB, three out of five people trafficked in 2016 were children below the age of 18 years. Of these, 4,911 were girls and 4,123 were boys.
- Sexual exploitation for prostitution was the second major purpose for human trafficking in India, after forced labor.
- Victims of trafficking in India disproportionately represent people from traditionally disadvantaged gender, caste, and religious groups.
- People from these groups have been systemically kept at a disadvantage in education, access to productive resources and spaces and legal remedies enhancing their vulnerability.
- Across regions, studies have found that majority of victims are women and children belonging to the Scheduled Castes (SCs), the Other Backward Classes (OBCs), the Scheduled Tribes (STs) and minority religions.
- Children are trafficked first and then placed in labor either forced or for earning a sub minimal wage or in case of the more unfortunate ones, i.e. particularly girls and young boys, are forced into sexual exploitation.
- Usurious money-lending and debt bondage will also become a force-multiplier for sourcing child labor from the country-side, from desperate families for bondage and trafficking.
Why the old bill was criticized so much?
- According to the United Nations’ human rights experts; it was not in accordance with the international human rights laws.
- The Bill seemed to combine sex work and migration with trafficking.
- The Bill was criticized for addressing trafficking through a criminal law perspective instead of complementing it with a human-rights based and victim-centred approach.
- It was also criticized for promoting “rescue raids” by the police as well as the institutionalization of victims in the name of rehabilitation.
- It was pointed out that certain vague provisions would lead to blanket criminalization of activities that do not necessarily relate to trafficking.
What are the provisions in the new bill?
(1) Coverage
- Persons on any ship or aircraft registered in India wherever it may be or carrying Indian citizens wherever they may be,
- A foreign national or a stateless person who has his or her residence in India at the time of commission of offence under this Act, and
- The law will apply to every offence of trafficking in persons with cross-border implications.
(2) Wider definition of trafficking
- It extends beyond the protection of women and children as victims to now include transgender as well as any person who may be a victim of trafficking.
- It also does away with the provision that a victim necessarily needs to be transported from one place to another to be defined as a victim.
- “Trafficking in Persons” is defined to include –
a) any person who recruits, transports, transfers, harbors or receives another person;
b) by means of threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of authority or of vulnerability, or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person;
(c) for the purpose of exploitation of that person;
(3) Defines ‘Exploitation’
- Exploitation will include the “prostitution of others” or other forms of sexual exploitation including pornography, any act of physical exploitation, forced labor or services, slavery or practices similar to slavery, servitude or forced removal of organs, illegal clinical drug trials or illegal bio-medical research or the like.
- Examples of aggravated offences listed in the Bill include offences that result in the death of the victim or his dependent or any other person, including death as a result of suicide.
- This also includes cases where the offence has been caused by administering any chemical substance or hormones on a person for the purpose of early sexual maturity.
(4) Government Officers as Offenders
Offenders will also include defense personnel and government servants, doctors and paramedical staff or anyone in a position of authority.
(5) Stringent penalty
- It is proposed that whoever commits the offence shall be punishable with a term for ten years but which may extend to imprisonment for life and shall also be liable to fine which may extend to Rs 10 lakh.
- Offence against a child of less than twelve years of age, or against a woman for the purpose of repeated rape, the person shall be punished with rigorous imprisonment for twenty years, but which may extend to life.
- In case of second or subsequent conviction, the accused may be punished with death sentence. The fine may extend up to Rs 30 lakh.
- When a public servant, or a police officer, or a person in charge of or a staff of a women’s or children’s home or institution is involved, he shall be punishable on conviction for the remainder of natural life.
- A person advertising, publishing, printing, broadcasting or distributing any material that promotes trafficking of a person or exploitation of a trafficked person will invite punishment.
(6) Similarity to Money laundering Act
- Property bought via such income as well as used for trafficking can now be forfeited with provisions set in place, similar to that of the money laundering Act.
(7) Investigation agency
The National Investigation Agency (NIA) shall act as the national investigating and coordinating agency responsible for the prevention and combating of trafficking in persons.
(8) Timeframe for granting compensation
- The district legal services authority (DLSA) shall provide immediate relief to the victim and dependent, including aid and assistance for medical and rehabilitation needs, within seven days.
- The DLSA shall award interim relief to a victim or any dependant within a period of thirty days of an application submitted and after due assessment.
- The bill also says the investigation needs to be completed within 90 days from the date of the arrest of the accused.
(9) National Anti-Human Trafficking Committee:
- Once the law is enacted, the Centre will notify and establish a National Anti-Human Trafficking Committee, for ensuring overall effective implementation of the provisions of this law.
- This committee will have representation from various ministries with the home secretary as the chairperson and secretary of the women and child development ministry as co-chair.
- State and district level anti-human trafficking committees will also be constituted.
Why this bill is significant?
- The transgender community, and any other person, has been included which will automatically bring under its scope activity such as organ harvesting.
- Also, cases such as forced labour, in which people lured with jobs end up in other countries where their passports and documentation are taken away and they are made to work, will also be covered by this new law.
What are the legislations in India that prohibits human trafficking?
- Article 23 (1) in the constitution of India prohibits trafficking in human beings and forced labour.
- Immoral Traffic (Prevention) Act, 1956 (ITPA) penalizes trafficking for commercial sexual exploitation.
- India also prohibits bonded and forced labour through the Bonded Labour System (Abolition) Act 1976, Child Labour (Prohibition and Abolition) Act 1986, and Juvenile Justice Act.
- Sections 366(A) and 372 of the Indian Penal Code, prohibits kidnapping and selling minors into prostitution respectively.
- The Factories Act, 1948 guaranteed the protection of the rights of workers.
International Conventions, Protocols and Campaigns
- Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children in 2000 as a part of the UN Convention Against Transnational Organized Crime.
- This protocol was adopted by the United Nations General Assembly in 2000.
- The United Nations Office on Drugs and Crime (UNODC) is responsible for implementing the protocol.
- It offers practical help to states with drafting laws, creating comprehensive national anti-trafficking strategies, and assisting with resources to implement them.
- Protocol against the Smuggling of Migrants by Land, Sea and Air. It entered into force on 28 January 2004.
- This also supplements the UN Convention Against Transnational Organised Crime. The Protocol is aimed at the protection of rights of migrants and the reduction of the power and influence of organized criminal groups that abuse migrants.
- Universal Declaration of Human Rights (1948) is a non-binding declaration that establishes the right of every human to live with dignity and prohibits slavery.
- Blue Heart Campaign: The Blue Heart Campaign is an international anti-trafficking program started by the United Nations Office on Drugs and Crime (UNODC).
- Sustainable Development Goals: Various SDGs aim to end trafficking by targeting its roots and means viz.
- Goal 5 (Achieve gender equality and empower all women and girls),
- Goal 8 (Promote sustained, inclusive and sustainable economic growth, full and productive employment and decent work for all) and
- Goal 16 (Promote peaceful and inclusive societies for sustainable development, provide access to justice for all and build effective, accountable and inclusive institutions at all levels).
Concerns over the new bill
- The bill is not clear about how the NIA will gather information and intelligence from different parts of the country through Anti-Human Trafficking Units (AHTUs) at district level and State level.
- The bill is largely silent on rescue protocols except the “reason to believe” by a police officer not below the rank of a sub-inspector. This makes the role of the AHTUs unclear in the rescue and post-rescue processes.
- There are also concerns about absence of community-based rehabilitation, missing definition of reintegration and also about the funds related to rehabilitation of survivors in the bill.
- In absence of rescue protocol there is always the fear of forced rescue of adult persons who may have been trafficked but do not wish to get rescued.
- The proposed Bill criminalizes sex work and the choice of sex work as profession. The Draft Trafficking Bill has mixed up the issue of trafficking and sex work.
Way Forward
- Foresight and preparedness: in the midst of the current lockdown can save the lives of crores of women, men and children and avoid an impending humanitarian crisis
- Collaboration is key: A lot of work needs to be done in a collaborative manner, between key stakeholders such as the government and civil society organizations, for any substantial change to be seen.
- Assessment and review of legal framework: The central government must assess the existing criminal law on trafficking and its ability to counter the crime and meet the needs of the victim.
- Increase in budgetary allocation for law enforcement and victim rehabilitation: There is a gross deficit in the budgetary allocation to combat human trafficking.
- Curbing the rise of online Child Sexual Abuse material: The upsurge of child sexual abuse material and its easy access can only be controlled by placing greater accountability on Internet Service Providers and digital platforms that host this content.
- Safety net in source areas of trafficking: Schools, communities, religious authorities and the local administration need to recognize and control trafficking and bonded labour in villages.
- Intensive campaignings: must educate communities about the threat and modus operandi of trafficking agents, especially in the source areas such as Jharkhand, Bihar, West Bengal, and Assam.
- Monitoring: The railway and other transport facilities have to be intensely monitored.
- Public Awareness and Sensitization: Awareness around existing government social welfare schemes and the means to access them should be generated and the government must immediately initiate registration of unorganized workers.
- Financial protection: Special financial protection should be extended for the next year in order to keep the wolf away from the door.
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UPSC Civil Services is not an Exam of “Selection” but of “Elimination”. How being “Well Guided” helps you Save Composure and Several Failed Attempts
We have spent over 6,500 hours last year discussing the preparation strategies of over 9,000 students individually and we found that there are 2 kinds of aspirants.
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