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  • Need for social security to migrant and informal workers

    Context

    The migrants’ crisis after the two covid waves compelled policy-makers to make certain provisions for them in the schemes announced for the assistance of the poor.

    Supreme Court judgement on the issue

    • On June 29, the Supreme Court finally delivered its judgment on the plight of migrant labour.
    • The judgement was notable for two main reasons.
    • First, it recognised that there was the large-scale exclusion of migrant workers and other informal workers from existing schemes due to the lack of their registration and outdated eligibility lists.
    • It noted that no benefits will be denied to migrant workers for want of an Aadhaar card and that food assistance will be provided for migrants who were not covered by the National Food Security Act.
    • Second, it connected informal workers and migrant workers, both of whom experience exclusion, and mandated that the portal for registration of all informal/migrant workers should be fully operational before July 31.

    Advantages of providing social protection

    • Investment in social protection is not charity, it is an investment in workers’ productivity and in equitable growth.
    • Providing social protection is, as the UN mooted in 2009 when it spelt out the social protection floor (SPF) initiative after the global financial crisis, the surest way out of a crisis by boosting demand at the bottom of the pyramid.
    • The report of the Advisory Committee of the ILO, in which India was represented by its labour secretary, provides a strong rationale for instituting a universal SPF during economic crises.
    • As a result, all constituents of the ILO adopted Recommendation 202 on social protection floors at the International Labour Conference in 2012.

    Inadequate provisions by government

    • The Unorganised Workers’ Social Security Act, was approved by Parliament in December 2008.
    • But it lacks the mandatory elements of the NCEUS’s proposals and included neither a National Minimum Social Security Package, nor the provision for mandatory registration.
    • Estimates show that the central government’s expenditure on all major social protection programmes declined from 1.96 per cent of GDP in 2008-09 to 1.6 per cent in 2013-14 and to only 1.28 per cent in 2019-20.

    Way forward

    • The National Commission for Enterprises in the Unorganised Sector (NCEUS) had pointed out that the circular migrant workers were a disadvantaged segment among informal workers.
    • Comprehensive law: The NCEUS had advocated a comprehensive law for the protection of the rights of all informal workers, including migrants, home workers, and domestic workers.
    • Universal registration: NCEUS had also recommended a universal registration mechanism based on self-declaration, with the issuance of a smart social security card, and a National Minimum Social Security Package.
    • Guaranteed social security/social protection: We need the provision of a minimum level of guaranteed social security/social protection for all informal workers and their households within a definite time frame.
    • More public spending: Guaranteed social protection would involve a clear framework and a commitment to greater public resources being spent on social protection as a large class of workers in India do not have an identifiable employer and a contributory social insurance framework will not work for them.
    • Recommendation 202: Government should embrace ILO’s Recommendation 202 and work towards these in a time-bound manner.

    Conclusion

    To end the silent, painful, and enduring crisis for the workers, as well as the crisis for the economy, the government must urgently recognise the right to social security, embedded both in the Indian Constitution and international covenants.

  • Complete Entire ‘Social Issues’ Syllabus For Absolutely FREE! Study Materials, Daily Classes, Live Interaction With Mentor And Doubt Clearing

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  • Can India invoke state sovereignty in Cairn Energy case?

    Context

    Last year, an arbitration tribunal indicted India for breaching its obligations by imposing taxes retrospectively on Cairn. As a result, Cairn Energy has been attempting to seize Indian assets in several jurisdictions to recover $1.7 billion due from India.

    How asset seizure order affects India?

    • This episode projects India as an unfriendly country for investors at a time when it wishes to project itself as a prime destination for foreign investment.
    • This episode puts India in the league of countries like Pakistan, Congo, Venezuela, Russia and Argentina, who have been part of attachment proceedings overseas due to their failure to comply with international arbitral awards.
    • Fighting cases will consume an enormous amount of time, money, and resources, in addition to attracting bad press internationally.

    Understanding the doctrine of state immunity

    • State immunity is a well-recognised doctrine in international law.
    • It safeguards a state and its property against the jurisdiction of another country’s domestic courts.
    • Despite the universal acceptance of this doctrine, there is no international legal instrument in force administering its implementation.
    • Attempts are underway to create binding international law on the application of the rules of state immunity such as the United Nations Convention on Jurisdictional Immunities of States and Their Property (UNSCI).
    • However, this convention is yet to be ratified by 30 countries — the minimum number required to bring it in force, as per Article 30(1) of UNSCI.
    • India has signed the convention, but not ratified it.
    • The doctrine of state immunity has progressed from absolute immunity to restrictive immunity in which immunity is only for the sovereign functions of the state.

    Can India invoke state immunity?

    • Most prominent jurisdictions follow the concept of restrictive immunity.
    • State immunity can be invoked to resist the seizure of sovereign assets, but not commercial properties. 
    • In the context of the execution of the investment treaty arbitration awards, properties serving commercial functions are available for seizure.
    • In the case of India, the most popular commercial property that foreign investors would target for attachment are the global assets of India’s public sector undertakings such as Air India.

    Way forward

    • If India wishes to continue the case, it needs to carefully study the laws on state immunity in different jurisdictions where attachment proceedings are likely to come up.
    • A better option would be to admit that amending the tax law retrospectively was a mistake and comply with the international ruling.

    Conclusion

    At the time when India seeks to project itself as an attractive investment destination, such cases could be a setback. India needs to avoid such disputes in the future.

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  • Explained: Shreya Singhal case that struck down Section 66A of IT Act

    Six years after it struck down Section 66A of the Information Technology Act, 2000, the Supreme Court earlier this month termed its continued use by law enforcement agencies of various states as “a shocking state of affairs” and sought a response from the Centre.

    What did Section 66A do?

    • Introduced in 2008, the amendment to the IT Act, 2000, gave the government power to arrest and imprison an individual for allegedly “offensive and menacing” online posts, and was passed without discussion in Parliament.
    • Section 66A empowered police to make arrests over what policemen, in terms of their subjective discretion, could construe as “offensive” or “menacing” or for the purposes of causing annoyance, inconvenience, etc.
    • It prescribed the punishment for sending messages through a computer or any other communication device like a mobile phone or a tablet, and a conviction could fetch a maximum of three years in jail.
    • In 2015, the apex court struck down the law in the landmark case Shreya Singhal v. Union of India, calling it “open-ended and unconstitutionally vague”, and thus expanded the contours of free speech to the Internet.

    Why was the law criticized?

    • The problem was with the vagueness about what is “offensive”.
    • The word having a very wide connotation was open to distinctive, varied interpretations.
    • It was seen as subjective, and what might have been innocuous for one person, could lead to a complaint from someone else and, consequently, an arrest arbitrarily.

    So, how did 66A come under the Supreme Court’s scrutiny?

    • The first petition came up in the court following the arrest of two girls in Maharashtra by Thane Police in November 2012 over a Facebook post.
    • The girls had made comments on the shutdown of Mumbai for the funeral of a political leader.
    • The arrests triggered outrage from all quarters over the manner in which the cyber law was used.
    • The petition was filed by Shreya Singhal, then a 21-year-old law student.

    What were the grounds for the challenge?

    • The objective behind the 2008 amendment was to prevent the misuse of information technology, particularly through social media.
    • The petitioners argued that Section 66A came with extremely wide parameters, which allowed whimsical interpretations by law enforcement agencies.
    • Most of the terms used in the section had not been specifically defined under the Act.
    • The law was a potential tool to gag legitimate free speech online and to curtail freedom of speech and expression guaranteed under the Constitution, going far beyond the ambit of “reasonable restrictions” on that freedom.

    What did the Supreme Court decide?

    • In March 2015, a bench of Justices J. Chelameswar and R.F. Nariman ruled in Shreya Singhal v. Union of India declared Section 66A unconstitutional for “being violative of Article 19(1)(a) and not saved under Article 19(2).”
    • Article 19(1)(a) gives people the right to speech and expression whereas 19(2) accords the state the power to impose “reasonable restrictions” on the exercise of this right.
    • The decision was considered a landmark judicial pushback against state encroachment on the freedom of speech and expression.
    • The bench also read down Section 79– now at the centre of the ongoing “intermediary liability” battle between the Centre and micro-blogging platform Twitter– defining key rules for the relationship between governments and commercial internet platforms.
    • Section 79 says that any intermediary shall not be held legally or otherwise liable for any third party information, data, or communication link made available or hosted on its platform.
  • Draft Drone Rules, 2021

    The Ministry of Civil Aviation has released Draft Drone Rules, 2021, for public consultation. The rules will replace the Unmanned Aircraft System Rules, 2021.

    Highlights of the Draft Drone Rules 2021

    Number of forms: The rules propose to reduce the number of forms required for manufacturing, importing, testing, certifying and operating drones in India from 25 to six.

    Abolishing authorization number: The draft seeks to abolish the unique authorisation number, unique prototype identification number, and certificate of conformance that were previously required for approval of drone flights.

    Digital Sky Platform: Digital Sky, a platform launched by the government in December 2018, will become a single-window system for all approvals under the newly proposed rules.

    Airspace map: An airspace map segregating the entire landmass of India into Green, Yellow and Red zones will be published on the platform within 30 days of notification of the new rules, the government said. The map will also be machine-readable through an Application Programming Interface (API) for easier plotting of drone flight paths.

    Airport Perimeter: The draft rules reduced the airport perimeter from 45 km to 12 km. The rules state that no flight permissions would be required to fly up to 400 feet in green zones and up to 200 feet in the area between 8 and 12 km from the airport perimeter.

    Drone corridors: The government will also publish a policy framework for Unmanned Aircraft System Traffic Management (UTM) within 60 days of notifying the rules. This will also include frameworks for developing “drone corridors” for the safe transfer of goods by drones.

    Drone Promotion Council: The Rules also propose the setting up of a Drone Promotion Council, with the aim of facilitating a business-friendly regulatory regime for drones in India, the establishment of incubators for developing drone technologies and organizing competitive events to showcase drones and counter-drone solutions.

    Others: To implement safety features such as “no permission, no take-off”, real-time tracking and geofencing, drone manufacturers, importers and operators will get six months’ time to comply from the date of notification of the rules.

  • When were Tilak and Gandhi tried under the Sedition Law?

    Recently, Chief Justice of India N V Ramana observed that the “colonial law” was used by the British to silence Mahatma Gandhi and Bal Gangadhar Tilak.

    Must read:

    Sedition Law and its discontents

    Use of sedition law through history

    • According to the LOC blog, the first known instance of the application of the law was the trial of newspaper editor Jogendra Chandra Bose in 1891.
    • Other prominent examples of the application of the law include the trials of Tilak and Gandhi.
    • Apart from this, Jawaharlal Nehru, Abul Kalam Azad and Vinayak Damodar Savarkar were also charged with sedition.

    When was sedition law used against Gandhi and Tilak?

    • In 1922, Gandhi was arrested on charges of sedition in Bombay for taking part in protests against the colonial government.
    • He was sentenced to six years in prison but was released after two years because of medical reasons.
    • Before Gandhi, Tilak faced three trials in cases related to sedition and was imprisoned twice.
    • He was charged with sedition in 1897 for writing an article in his weekly publication called Kesari and was sentenced to 12 months imprisonment.
    • He has tried again in 1908 and was represented by MA Jinnah. But his application for bail was rejected and he was sentenced to six years.
    • The second time he was tried was also because of his writings, one of which referred to the murder of European women in Muzzafarpur when bombs were thrown by Bengali revolutionaries.
    • Interestingly, the judge who announced Tilak’s sentence in the second trial, Justice DD Davar, had represented him in his first trial in 1897.
  • [pib] Kisan Sarathi Platform

    In order to facilitate farmers to get ‘right information at right time’ in their desired language, a digital platform namely ‘Kisan Sarathi’ was launched by the Ministry of Agriculture and Farmers Welfare.

    Kisan Sarathi

    • This digital platform empowers farmers with the technological interventions to reach farmers in remote areas.
    • Through this platform, the farmers can interact and avail personalized advisories on agriculture and allied areas directly from the respective scientists of Krishi Vigyan Kendra (KVKs).
    • Using this platform, farmers can get information about crop and crop production, among other things that will help them in improving the quantity of their produce.
    • Farmers will be able to get information about good crop practices, the right amount of products and many other basic things.
  • [Burning Issue] Rise of Taliban in Afghanistan and its implications for India

    The Taliban’s possible triumph threatens not just India’s diplomatic stakes in Afghanistan, but also 20 years and $3 billion worth of Indian investment in various projects — dams, roads, trade infrastructure. India has been becoming more central to the negotiations with the Taliban. In this article, we will discuss and analyze all aspects of rising of the Taliban in Afghanistan and its implications for India.

    Background of the Taliban

    The Taliban (literally meaning “students”) or ‘Taleban’, who refer to themselves as the ‘Islamic Emirate of Afghanistan (IEA)’ is a Sunni Islamic fundamentalist political movement and military organization in Afghanistan currently waging war (an insurgency, or jihad) within that country.

    Their aims were to end the political chaos that had been ongoing in Afghanistan since the Soviet withdrawal in 1989 and to impose a strict interpretation of Islam.

    How it came into existence?

    • After the Soviet Union intervened and occupied Afghanistan in 1979, Islamic Mujahedeen fighters engaged in war with those Soviet forces.
    • A while later, the US CIA and the Saudi General Intelligence Directorate (GID) provided funding and equipment through the Pakistani Inter-Service Intelligence Agency (ISI) to the Afghan Mujahedeen.
    • About 90,000 Afghans, including several bountied terrorists, were trained by Pakistan’s ISI during the 1980s.
    • Hence it can be concluded that the Taliban have arisen from those US-Saudi-Pakistan-supported Mujahedeen: ‘The West helped the Taliban to fight the Soviet takeover of Afghanistan.’

    What is its ideology?

    • Early Taliban were motivated by the suffering among the Afghan people, which they believed resulted from power struggles between Afghan groups not adhering to the moral code of Islam; in their religious schools they had been taught a belief in strict Islamic law.
    • The military ambitions of the afghans led to it’s the infamous civil war from 1992-96 which ultimately demanded a political emirate.

    The 9-11

    • The United States invasion of Afghanistan occurred after the September 11 attacks in late 2001 and was supported by close US allies.
    • Its public aims were to dismantle Al-Qaeda and deny it a safe base of operations in Afghanistan by removing the Taliban from power.
    • US demanded that the Taliban hand over Osama bin Laden and expel Al-Qaeda; bin Laden had already been wanted by the FBI since 1998.
    • The Taliban declined to extradite him unless given what they deemed convincing evidence of his involvement in the 9/11 attacks.
    • They ignored demands to shut down terrorist bases and hand over other terrorist suspects apart from bin Laden.

    Taliban prowess is ever-increasing

    • Every single day since the ceasefire, the Taliban is strengthening and violence is mounting high.
    • Taliban is now more organized as an organization with diplomats on par with modern democratic nations with state apparatus propaganda.
    • The Taliban strategy seems to be to capture power in Kabul by violence and intimidation despite warnings from the international community.
    • At the core of its diplomacy lies the untenable violent extremism based on radical religious ideology.

    Afghan Peace Process: A failure

    • The Afghan peace process comprises the proposals and negotiations in a bid to end the ongoing war in Afghanistan.
    • This ‘US-Taliban deal signed in February 2020 was seen in India as a “victory for Taliban and Pakistan”.
    • Besides the US, major powers such as China, India, Russia, as well as NATO play a part that they see as facilitating the peace process.
    • The peace process has not made much headway mainly because violence by the Taliban continues unabated.
    • The Taliban now view this as an important milestone and is busy trying to establish their military superiority on the ground.

    What are the implications of the deal for India?

    • India has been backing the Ghani-led government and was among very few countries to congratulate Ghani on his victory.
    • There has not been formal contact with top Taliban leaders, the Indian mission has a fair amount of access to the Pashtun community throughout Afghanistan through community development projects of about $3 billion.
    • Due to so, although the Pakistan military and its ally Taliban have become dominant players in Kabul’s power circles, South Block insiders insist that it is not all that grim for New Delhi.
    • These high-impact projects, diplomats feel India has gained goodwill among ordinary Afghans, the majority of whom are Pashtuns and some may be aligned with the Taliban as well.

    What are India’s key investments in Afghanistan?

    India’s contribution has been phenomenal in every area in Afghanistan since India built the Afghan Parliament. India has been a major military and developmental assistance partner for Afghanistan. Let us have a look at various projects India has built across Afghanistan.

    (1) Salma Dam:

    • It is one of India’s high-visibility projects is located — the 42MW Salma Dam in Herat province.

    (2) Zaranj-Delaram Highway:

    • The other high-profile project was the 218-km Zaranj-Delaram highway built by the Border Roads Organisation.
    • India had transported 75,000 tonnes of wheat through Chabahar to Afghanistan during the pandemic.

    (3) Parliament building:

    • The Afghan Parliament in Kabul was built by India at $90 million. It was opened in 2015.

    (4) Stor Palace:

    • It is the restored Stor Palace in Kabul, originally built in the late 19th century, and which was the setting for the 1919 Rawalpindi Agreement by which Afghanistan became an independent country.

    (5) Power Infra:

    • Other Indian projects in Afghanistan include the rebuilding of power infrastructure such as the 220kV DC transmission line from Pul-e-Khumri, to the north of Kabul.  

    (6) Health Infra:

    • India has reconstructed a children’s hospital it had helped build in Kabul in 1972 —named Indira Gandhi Institute for Child Health in 1985 — that was in shambles after the war.
    • ‘Indian Medical Missions’ have held free consultation camps in several areas. Thousands who lost their limbs after stepping on mines left over from the war have been fitted with the Jaipur Foot.

    (7) Transportation:

    • India gifted 400 buses and 200 mini-buses for urban transportation, 105 utility vehicles for municipalities, 285 military vehicles for the Afghan National Army, and 10 ambulances for public hospitals in five cities.
    • It also gave three Air India aircraft to Ariana, the Afghan national carrier, when it was restarting operations.

     (8) Ongoing Projects:

    • India had concluded with Afghanistan an agreement for the construction of the Shatoot Dam in Kabul district, which would provide safe drinking water to 2 million residents.

    India’s and the Taliban

    • As the world and India have changed there is an aspiration that Afghan can’t be brought back from the brink.
    • India wants to play a positive role and sabotage those countries that support other terror groups in Afghan.
    • It is visibly clear and Taliban has claimed that the US withdrawal is a victory for them. At the same time, the democratically elected Afghan government is crashing.
    • India is pressing on a peace process all around Afghanistan so that all countries shall be peaceful.

    Why Taliban’s control over Afghanistan is a matter of concern for India and the world?

    (1) Taliban is strengthening its control in Border areas:

    • The Taliban is occupying the border areas with other countries instead of central Afghanistan and have taken control of the districts bordering Iran, Turkmenistan, Tajikistan, Pakistan and Uzbekistan.
    • And this time, the Taliban’s strategy is clear that it will strengthen itself on the border areas so that when its government comes there, the neighboring countries cannot put pressure on it, and once again it can run its brutal rule in Afghanistan.

    (2) Taliban’s presence near Indian Borders:

    • The Taliban is only 400 km away from the Line of Control in Jammu and Kashmir. The Taliban have captured the Badakhshan province of Afghanistan, which borders PoK.
    • If Taliban establish their government by capturing all the districts of Afghanistan, then they will be able to easily send their terrorists to Jammu and Kashmir and help Pakistan.

    (3) China factor:

    • Apart from Pakistan, China can also become a challenge for India. That is because while Pakistan has influence over the Taliban, China is currently the biggest investor for Afghanistan.
    • At present, there are big Chinese projects going on in Afghanistan and the Taliban knows that if it wants to keep its position strong then it will need Chinese money the most.

    (4) Silence of Western countries and UN over the situation in Afghanistan:

    • It is also an irony that the think tanks of Western countries and the United Nations, which give lectures to the whole world on human rights, are not very active about the current situation in Afghanistan.
    • At that time, the Taliban strictly enforced Sharia law. It had issued a Taliban decree for men to keep beards and women to keep their full bodies covered, violating which was publicly punished.
    • Apart from this, there was also a ban on watching music, movies and television at that time and girls above the age of 10 were not allowed to go to school.

    (5) Violence and loss of lives:

    • India is concerned over the violence and loss of lives in Afghanistan. Violence has increased manifold after peace talks have started.
    • New Delhi wants an all-inclusive “Afghan-led, Afghan-owned and Afghan-controlled” peace process—not one that is remote-controlled by Pakistan, seen as the backers of the Taliban.
    • It supports zero tolerance against violence.
    • Our EAM has iterated that there is need of double peace i.e., within and around Afghan indirectly pointing towards the terror breeding centre, Pakistan.

    (6) India’s investments are at stake:

    India, which has committed $3 billion in development aid and reconstruction activities, backs the Ashraf Ghani government in the war-torn country.

    What are the stakes for India?

    • Afghanistan is a part  of  India’s extended  neighbourhood and a link to Central Asia. But for PoK, India would have had a direct border with Afghanistan.
    • Despite claims that the Taliban have changed in the past two decades, there is no proof that it has shed any of its obscurantist ideology which leans heavily towards Pakistan’s official foreign policy towards India.
    • A Taliban-controlled government in Kabul would mean Pakistan controlling Afghan policy on India.
    • And a repeat of the past when Pakistan used Afghanistan territory for anti-India activities.

    Way Forward

    • India’s role in Afghan’s peace process and the road ahead is difficult as we see more process and less peace. India has urged for a permanent & comprehensive ceasefire in Afghanistan.
    • Durable peace requires peace within & around Afghanistan. India also asserted the need for zero tolerance for terrorism.
    • Diplomatic, policing, and intelligence cooperation with countries that border Afghanistan can help to contain terrorist groups and inhibit their ability to travel beyond the region.
    • International organizations like the UN must come forward to stop Pakistan sponsor of terrorism. The FATF should move beyond grey-listing itself.
    • Aid and developmental cooperation through the UN, India, USA must be done simultaneously for the restoration of democracy.

    Conclusion

    Terrorism safe havens are mostly a myth. A lot of complexities are involved in the Afghan theatre; tangible demonstration of commitment is required from all stakeholders for a political settlement and to have a permanent ceasefire in Afghanistan.

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