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  • [Sansad TV] Mudda Aapka: Sports as a Fundamental Right

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    Context

    • The Supreme Court has sought the opinion of the Centre and state governments on a suggestion that physical literacy or sports be recognised as a fundamental right.
    • It goes on to say that all education boards be asked to ensure at least 90 minutes of every school day to be dedicated to “free play and games”.

    Sports as a FR: A Backgrounder

    • India is a vibrant country that has always carried a fevered pitch and fervent excitement for sports.
    • The Supreme Court decision in the Bombay Dyeing case (2006) is emblematic of our vision for sport.
    • The Court, in August 2018, had asked for responses of the Centre and state governments in a public interest litigation filed by Kanishka Pandey, a sports researcher.
    • Subsequently, the court had appointed Sankarnarayanan as an amicus in April 2019 to assist it and suggest measures to deal with the issue.

    Key recommendations in recent plea

    • Sports as FR under Article 21A: As part of a plea before the Supreme Court seeking to declare playing sports as a fundamental right, a report has been submitted by amicus curiae. It suggested that the broad term “physical literacy” be adopted instead of sports.
    • 90 minutes of physical activity: Also, all education boards must be asked to ensure at least 90 minutes of every school day be dedicated to “free play and games”.
    • Sports be transferred to concurrent list: The petition also seeks to transfer sports to the concurrent list and to form an independent Ministry of Education, Sports and Youth Empowerment at union and state levels.
    • Sports as a part of education policy: The plea also asks for directions to governments to amend education policies to promote sports and make facilities available to enhance the opportunities to play sports.
    • National Physical Literacy Mission: The report makes a number of suggestions in this regard – from asking the government to establish a National Physical Literacy Mission.

    Another striking feature: National Physical Literacy Mission

    • The report also proposed for all registered and unregistered private and public education institutions to have, publish and disseminate to all parents/guardians a Physical Literacy Policy.
    • The Policy would acknowledge the institution’s legal commitment to integrate physical literacy in all aspects of its curriculum.
    • This is to ensure that physical literacy is a part of the overall curriculum and syllabus for national and state school boards, in particular the National Curricular Framework for School Education 2020-21.

    Why must we consider the fundamental right to physical literacy?

    • Physical activity is fundamental to human beings:  The report states that having a fundamental right to literacy would mean identifying the intrinsic value of physical activity to human living.
    • Part of elementary education: It would mean not seeing physical activity as an end in itself, and the establishment of physical activity/ physical education as a core component of the education curriculum.
    • Supportive to other FRs: A fundamental right to physical literacy would actualise and enhance the enjoyment of other fundamental rights. It would go a long way in enhancing the opportunities and freedom to express oneself.
    • Enhancing life quality: A physically literate individual would have a more fulfilling life of higher quality than one who is not.  Physical literacy, as a building block, would go a long way in the promotion and realisation of the right to health and the right to education.
    • Religion as a barriers: Some sports like swimming and athletics require attire that does not fully cover a woman’s body and are against the laws of some religions. They are often debated in light of modesty of the sportspersons beings violated.
    • Associated social reforms: Many women perceive sports as an opportunity to escape the confines of a highly regulated life. They use it as a tool to show their potential and tackle the patriarchal mindset. Further success of sportspersons like Mary Kom, Saina Nehwal, etc. have played a pivotal role in curbing the problems of child marriage and son meta preference.

    Why need such a policy?

    • Poor performance in competitions: India has the worst population to medals ratio at the Olympics. We find our medal tally at the Olympics to be hopelessly out of sync with our 1.3 billion population.
    • Regressive attitude towards sports: Our attitude towards sport and physical well-being is another debilitating factor. Traditionally, India has not been a sports nation where many deserving candidates are discouraged right at the starting level.
    • Economic divide: It hard reality which we consistently refuse to acknowledge. Athletes are not generated from the comfortable classes, they invariably come often from the middle and lower economic strata.
    • Incentivization: There is more focus on post-success incentivization rather than pre-success support in India. For instance, the Haryana Government announced a 6 crore reward after Neeraj Chopra won the gold medal in Tokyo Olympics 2020.

    Significance of physical education and sports

    • Physical development: Fitness, Health
    • Mental development: It improves decision making and collective action. It also acts as stress buster.
    • Character/ personality development: It instils confidence, team spirit, team coordination, group work)

    Benefits of augmenting sports career

    • Alternative career development: For those for whom opportunities are few, and jobs are scarce, sport becomes a powerful mobility device. A strong sports sector encourages an average/ poor academic student to make a career in sports.   
    • Reaping demographic dividend: India is having a very young population and is soon going to become the world’s youngest country. In such a scenario, a robust sports sector can help in reaping the potential demographic dividend. 
    • Revenue generation: Developing robust sports infrastructure in the country will allow India to host a greater number of international events. Such hosting boosts tourism in the country and results in enhancing the revenue and employment in the region. Ex. IPL
    • Promotes the spirit of Unity in Diversity: People cheer for the Indian athletes and Indian teams at international events. An improvement in sports automatically fosters the spirit of brotherhood amongst the people of diverse nations. For instance, the Pan India support enjoyed by Indian cricket team enhances belongingness between India’s north and south. 

    Reasons for India’s poor performance

    India’s below-par performance in sports can be attributed to the combination of all the factors discussed below:

    • Lack of facilities: We have thousands of education centres all over the country, but there are very few schools and colleges which have adequate facilities for any sport.
    • Regional discrepancies: The spending of money is concentrated in major cities where facilities do exist, but the broad-based structure to tap and develop talent is missing. The facilities wherever they are created are confined to a few popular games like cricket, hockey, football, tennis, etc.
    • Burden of ill-health: Mother and child health is an all-time contested issue in India. This may well be attributed to weather conditions, poor economic condition generally-due to which nutrition is not available to most of our children.
    • Narrow perception: The parents are keen that their kids should do well studies to get a degree and ultimately fetch a good job. Playing for long hours regularly is considered a waste of time.
    • Lesser academia for physical education: There are few Sports Colleges which are genuinely making efforts to produce national-level sportsmen, but their number is so small that no perceptible impact is seen due to their existence.
    • Lack of training: Another reason for our poor performance in sports is the lack of required number of trainers, coaches and psychotherapists. There is also a dearth of quality coaching or the qualified coaches.
    • Non-interest: The west often accuse that Indians lack the killer’s instinct. The zest and enthusiasm necessary to win over the opponent is naturally absent in the Indian psyche.
    • Obsession for few sports: There is no doubt that cricket and hockey plays a major unifying role in India. However, other sports and sportsperson are often discouraged due to such obsessions.
    • Performance anxiety: A high degree of pressure is inflicted upon a sportsperson to perform or else be prepared to live a vulnerable life. This sometimes creates excessive mental stress in them or induces them to resort to unethical means like doping.

    Various initiatives for sports promotion

    The Ministry of Youth Affairs & Sports has formulated the following schemes to promote sports in the country, including in rural, tribal and backward areas:

    1. Khelo India Scheme
    2. Assistance to National Sports Federations
    3. Special Awards to Winners in International sports events and their Coaches
    4. National Sports Awards, Pension to Meritorious Sports Persons
    5. Pandit Deendayal Upadhyay National Sports Welfare Fund
    6. National Sports Development Fund; and
    7. Running Sports Training Centres through Sports Authority of India

    Way forward

    • Sports is a state subject and therefore uniformity in sports specific activities of various states in India is extremely important for providing equal sporting opportunities to all the citizens of the country.
    • We have to take collective action to create a system and a proper environment whereby the young talent is spotted and developed in right earnest.
    • Integration of sports with education to introduce sports culture in India is the need of the hour.
    • The allocation of funds to sport, as a percentage of budget, can be increased for broad-basing sports in this country.
    • There is also a need to develop a culture in whole country by spreading awareness in society by telling benefit of sports in life.
  • Health Star Rating System of FSSAI for Packaged Food

    The “health star rating” system that the Food Safety Standards Authority of India (FSSAI) plans to adopt in order to help consumers reduce their intake of unhealthy foods has been opposed by close to a dozen consumer and health advocacy groups.

    What is the Health Star Rating System?

    • In February, the FSSAI decided to adopt the “health-star rating system”, which gives a product 1/2 a star to 5 stars, in its draft regulations for front of package labelling (FOPL).
    • The HSR format ranks a packaged food item based on salt, sugar, and fat content and the rating will be printed on the front of the package.
    • The underlying premise of the HSR is that positive ingredients such as fruits and nuts can offset negative nutrients such as calories, saturated fat, total sugar, sodium to calculate the number of stars ascribed to a product.
    • The decision was based on the recommendations of a study by the IIM-Ahmedabad the regulator had commissioned in September 2021.
    • In the same meeting, the regulator decided that FOPL implementation could be made voluntary for a period of four years.

    What is FoPL?

    • In India, packaged food has had back-of-package (BOP) nutrient information in detail but no FoPL.
    • Counter to this, FoPL can nudge people towards healthy consumption of packaged food.
    • It can also influence purchasing habits.
    • The study endorsed the HSR format, which speaks about the proportions of salt, sugar, and fat in food that is most suited for consumers.
    • Countries such as the UK, Mexico, Chile, Peru, Hungary, and Australia have implemented FoPL systems.

    What warranted the HSR rating in India?

    • Visual bluff: A lot of Indian consumers do not read the information available at the back of the packaged food item.
    • Burden of NCDs: Also, India has a huge burden of non-communicable diseases that contributes to around 5.87 million (60%) of all deaths in a year.
    • Healthy dietary choices: HSR will encourage people to make healthy choices and could bring a transformational change in the society.
    • Supreme Court order: A PIL seeking direction to the government to frame guidelines on HSR and impact assessment for food items and beverages was filed in the Supreme Court in June 2021.

    Which category of food item will have HSR?

    • All packaged food items or processed food will have the HSR label.
    • These will include chips, biscuits, namkeen, sweets and chocolates, meat nuggets, and cookies.
    • However, milk and its products such as chenna and ghee are EXEMPTED as per the FSSAI draft notified in 2019.

    Will there be pushback from food industry?

    • Negative warning: Some experts opposed the use of the HSR model in India, suggesting that consumers might tend to take this as an affirmation of the health benefits rather than as a negative warning of ill effects.
    • Lack of awareness: This is significant because there is lack of awareness on star ratings related to consumer products in India.
    • Impact on Sale: Certain organisations fear it might affect the sale of certain food products.

    Arguments against health star rating

    • Experts argue that “warning labels” instead have been most effective in various countries.
    • They said the HSR system adopted in countries like Australia and New Zealand has not resulted in any meaningful behavior change.
    • Even after eight years of their implementation, there is still no evidence of HSRs having a significant impact on the nutritional quality of people’s food and beverage purchases.
    • Also, the HSR system “misrepresents nutrition science”.
    • The algorithm of adding and subtracting nutrients does not fit with our understanding of biology.
    • For example, the presence of fruit in a fruit drink juice does not offset the impacts of added sugar in the body.

     

     

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  • UPSC Mock Interview 2021: Paneled by former EC, Dy CAG, CEC, and Secretary level bureaucrats | On-demand session: book your slot

    UPSC Mock Interview 2021: Paneled by former EC, Dy CAG, CEC, and Secretary level bureaucrats | On-demand session: book your slot

    Book your slot for UPSC Mock interviews (paneled by ex UPSC members) and get a dedicated mentor, on-call DAF analysis, DAF-based personalized questionnaire, and Situational questionnaire (FREE)

    To give you a real feel of the panel that you will be facing in your real UPSC interview 2021, CD has brought together a mix of the most experienced and valued panelists for your mock interview.

    Panelists for Mock Interviews: 

    1. Shri Shankar Aggarwal, IAS (retd.), former Secretary
    2. Dr. Noor Mohammad, IAS (retd.), former EC
    3. Dr. P.K. Agrawal, IAS (Retd.), former Ch. Secy
    4. Shri T. N. Thakur, IAAS (retd.), former Dy CAG
    5. Shri V. P. Singh, IRPS
    6. Mrs.Aditi Gupta, Corporate Leadership Specialist
    7. Prof. U.M. Amin, Jamia Milia University
    8. Mr. S. D. Singh, IFoS (Retd.)
    9. Mr. Kunal Aggarwal, IRS
    10. Mr. Debraj Das, IPS

    Tentative: Shri S. Y. Quraishi (former CEC), Shri Harsh V. Pant (Observer Research Foundation), Shri SN Tripathi, IAS (Director IIPA), Shri Yogesh Narain (Retd. Defence Secretary), Shri Dipankar Gupta (Indian Sociologist), and others.

    Upcoming Mock interview and session

    This week’s mock interview dates have been fixed.

    • Mock interview this week 2nd May onwards – (Book your slot)   
    • Time: 10 a.m. – 7 p.m.  
    • Mode: Online/Offline 

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    Transcend Interview Guidance 2021: Program inclusion

    1. 2 Mock interviews, detailed analysis + feedback
    2. Most important issues coverage – current and structural
    3. Personalized mentorship
    4. DAF analysis and one-on-one sessions with in-service officers and panelists
    5. DAF based personalized questionnaire
    6. Situational and Roleplay questionnaire

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    As a part of Transcend Interview Guidance Program for UPSC 2021 we’ve prepared and compiled a high-quality comprehensive questionnaire.

  • Why it took 5 attempts for me and the mistakes you should avoid | WEBINAR by Prabhat Gyanendra Singh, AIR 377, 2020 (JOINING LINK inside)

    Why it took 5 attempts for me and the mistakes you should avoid | WEBINAR by Prabhat Gyanendra Singh, AIR 377, 2020 (JOINING LINK inside)

    Prabhat Singh secured an AIR 377 in his 5th attempt. He’ll be available for a discussion and Ask Me Anything session for UPSC CSE. He will be focussing on choosing Optionals as well.

    Join Zoom Meeting

    https://us06web.zoom.us/j/84167109252?pwd=MWtaVXgxdWJkUk9DNWU2TG8zWTJEZz09

    Webinar Details

    A busy IRPS Officer like PRABHAT GYANENDRA SINGH  is free only on a Sunday. But he loves to dedicate his Sundays to mentoring upcoming civil servants. So join him and give your UPSC preparation a new Edge and direction! This webinar is absolutely free. All aspirants are heartily welcome to attend.

    Date: 1st May 2022 (Sunday)

    Time: 3 to 4 PM

    Join Zoom Meeting

    https://us06web.zoom.us/j/84167109252?pwd=MWtaVXgxdWJkUk9DNWU2TG8zWTJEZz09

    Infallible Tips to Learn in This Free Live Webinar by IRPS PRABHAT GYANENDRA SINGH

    • How can an aspirant’s academic and personal interests guide in choosing one’s optional?
    • How can an aspirant’s academic and personal interests guide in choosing one’s optional?
    • What is the Optional subject’s contribution to the General Studies curriculum?
    • In the recent past, Discussion on performance of various optional subject (past 5 years)
    • Effective Time Management for optional.
    • Various Benefits and Drawbacks of Humanity Optional
    • Why I will not follow the crowd. What are the difficulties it faces?
    • Discussion on Literature (optional) and its ramifications
    • Why should you be cautious before enrolling in Public Administration and Law?
    • Implications of selecting the incorrect optional on your preparation and result.
    UPSC Topper - Singh Prabhat Gyanendra, UPSC 2019, AIR 377 - Mock Interview  with Civilsdaily - YouTube

    About PRABHAT GYANENDRA SINGH 

    PRABHAT GYANENDRA SINGH was a B.sc Statistics from Gujarat University, M.G. Science college.  He completed his LL.B from Campus Law Centre, Delhi University LL.M. – I.P.S. Roorkee, UTU. On a personal level, he pursued further education, especially in public policy. In his attempt of CSE 2019 with Law as an optional secured All India Rank 377.

    Join Zoom Meeting

    https://us06web.zoom.us/j/84167109252?pwd=MWtaVXgxdWJkUk9DNWU2TG8zWTJEZz09

  • (Join webinar using this link)  How to choose an Optional for UPSC-CSE 2023| Webinar by PRABHAT GYANENDRA SINGH, IRPS

    (Join webinar using this link) How to choose an Optional for UPSC-CSE 2023| Webinar by PRABHAT GYANENDRA SINGH, IRPS

    Link: https://us06web.zoom.us/j/84167109252?pwd=MWtaVXgxdWJkUk9DNWU2TG8zWTJEZz09


    There is no dearth of advice floating around on the internet about ‘How to choose an optional subject for UPSC!’. Are those enough for an aspirant to make the right decision and score 350+ out of 500? 

    Some websites suggest ‘Hindi Literature’ for Hindi medium students and ‘Sociology’ for English medium. It’s extremely important to justify what are the exact principles that must be taken under scrutiny while selecting your optional subject. Because you have to choose 1 optional, not randomly and it will decide your rank for IAS.

    Is it only subjective interest that will work for you or should it be helpful to GS & essay papers too or highly scoring itself? 

    Attend the free live webinar conducted by Civilsdaily’s topper PRABHAT GYANENDRA SINGH to understand how to select the optional subject for UPSC to have an edge over the competition.

    Webinar Details

    A busy IRPS Officer like PRABHAT GYANENDRA SINGH  is free only on a Sunday. But he loves to dedicate his Sundays to mentoring upcoming civil servants. So join him and give your UPSC preparation a new Edge and direction! This webinar is absolutely free. All aspirants are heartily welcome to attend.

    Date: 1st May 2022 (Sunday)

    Time: 3 to 4 PM

    Link: https://us06web.zoom.us/j/84167109252?pwd=MWtaVXgxdWJkUk9DNWU2TG8zWTJEZz09

    Infallible Tips to Learn in This Free Live Webinar by IRPS PRABHAT GYANENDRA SINGH

    • How can aspirant’s academic and personal interests guide in choosing one’s optional?
    • What is the Optional subject’s contribution to the General Studies curriculum?
    • In the recent past, Discussion on performance of various optional subject (past 5 years)
    • Effective Time Management for optional.
    • Various Benefits and Drawbacks of Humanity Optional
    • Why I will not follow the crowd. What are the difficulties it faces?
    • Discussion on Literature (optional) and its ramifications
    • Why should you be cautious before enrolling in Public Administration and Law?
    • Implications of selecting the incorrect optional on your preparation and result.
    UPSC Topper - Singh Prabhat Gyanendra, UPSC 2019, AIR 377 - Mock Interview  with Civilsdaily - YouTube

    About PRABHAT GYANENDRA SINGH 

    PRABHAT GYANENDRA SINGH was a B.sc Statistics from Gujarat University, M.G. Science college.  He completed his LL.B from Campus Law Centre, Delhi University LL.M. – I.P.S. Roorkee, UTU. On a personal level, he pursued further education, especially in public policy. In his attempt of CSE 2019 with Law as an optional secured All India Rank 377.

    Link: https://us06web.zoom.us/j/84167109252?pwd=MWtaVXgxdWJkUk9DNWU2TG8zWTJEZz09

  • Death Penalty

    Context

    On April 22, a Bench of the Supreme Court of India, led by Justice U.U. Lalit, decided to critically examine the routine and abrupt way in which trial judges often impose the death penalty on convicts.

    Individualistic approach

    • The challenge before the Court in the instant case of Irfan vs State of Madhya Pradesh was to identify the mitigating circumstances and to ensure a convict-centric approach so that the imposition of capital punishment becomes rarer, fairer, and principled.
    • According to the Court, “a ‘one size fit for all’ approach while considering mitigating factors during sentencing should end”.
    • Mitigation expert: The Bench indicated the need for mitigation experts to assist trial courts in reaching a correct conclusion on whether one should be sent to the gallows or not.
    • The Court seemed to think that an individualistic approach that examines the social, economic, emotional, and genetic components that constituted the offender rather than the offence, would go a long way in evolving a just and judicious sentencing policy.
    • An analysis of the possible reasons to avert the death penalty is reflected in a series of recent verdicts such as Lochan Shrivas vs State of Chhattisgarh (2021) and Bhagchandra vs State of Madhya Pradesh (2021).
    • These reasons might include socio-economic backwardness, mental health, heredity, parenting, socialisation, education, etc.

    Background of the humane and reformist framework

    • The special reason: According to Section 354(3) in the Code of Criminal Procedure, while imposing the capital punishment, the judge should specify “the special reasons” for doing so.
    • It was in Bachan Singh vs State of Punjab (1980) that the Constitution Bench suggested a humane and reformist framework in the matter.
    • Bachan Singh requires the trial courts not only to examine the gravity of the offence but also the condition and the ‘reformability’ of the accused. 
    • Not unconstitutional: The Court, in Bachan Singh, refused to declare the death penalty as unconstitutional. 
    • It abundantly implied that no person is indubitably ‘irreformable’.
    • It had the effect of practically undoing the death penalty provision, if taken in its letter and spirit.
    • Person-centric approach: This person-centric approach, for its materialisation, needs a different judicial acumen that recognises the convict in her multitudes.

    Is the Bachan Singh doctrine followed?

    • The Bachan Singh principle was followed more in its breach than in compliance even by the Supreme Court.
    • In Ravji vs State of Rajasthan (1995), the Supreme Court said that it is the nature of the crime and not the criminal which is germane for deciding the punishment.
    • Several other cases also were decided by ignoring the Bachan Singh doctrine, as noted by the Supreme Court itself in Santhosh Kumar Satishbhushan Bariyar vs State of Maharashtra (2009) and Rajesh Kumar vs State (2011).
    • This egregious judicial error will have to be kept in mind while the Court revisits the issues related to mitigating factors and individual-centered sentencing policy in the Irfan case.
    • Shortcomings of Bachan Sing: Bachan Singh did not, in concrete terms, elaborate on the mitigating factors and the methods to gather them to avert the death penalty.
    • Nor did it explain the issues such as burden of proof and standard of proof in detail.

    Issue of misuse and overuse

    • Misuse of sedition provision: The Indian experience shows that whenever the Court tries to dilute the harshness of penal provisions by a balancing approach, instead of striking down the provision, the instrumentalities of the state (including the police, the prosecution and the court) continue to overuse or misuse the provisions.
    • The Supreme Court endorsed the validity of the sedition law (Section 124A of the Indian Penal Code) with a rider that it could be invoked only when there is an incitement to violence.
    • But the state seldom acts based on interpretation of the law. 
    •  Many were booked for the charge of sedition since then for mere words, innocent tweets or harmless jokes.

    Social implications

    • Disproportionate effect on the poor: In India, as elsewhere, the poor, rather than the rich, are sent to the gallows.
    • Ineffectiveness of legal assistance: In Williams vs Taylor (2000), the U.S. Supreme Court said that failure of the defence lawyer in highlighting the mitigating factors that could lead to avoidance of capital punishment makes the legal assistance ineffective. 
    • Therefore, it infringes constitutionally guaranteed rights.
    • In the Indian scenario, the legal assistance received by the poor facing serious charges is far from satisfactory.
    • Mitigating factors not placed: And in the matter of sentencing too, the mitigating factors are either not placed before the trial court or not persuaded adequately to convince the trial judge to avoid the death penalty.

    Way forward

    • Taking empirical lessons from the fate of Bachan Singh, the Supreme Court may have to now ask the more fundamental question posed and negatived in Bachan Singh — the question of the constitutional validity of death penalty.
    • Comprehensive report: The Court, in the instant case, will have to evolve a legal device for procurement of a comprehensive report dealing with the socio-economic and hereditary backgrounds of the accused from experts in the fields of social work, psychiatry, psychology, anthropology, etc.
    • Violation of Article 21: The Court may have to revisit Bachan Singh itself in so far as it refused to declare the death penalty as violative of the right to life envisaged under Article 21 of the Constitution.
    • Across the world, 108 nations have abolished death penalty in law and 144 countries have done so in law or practice, according to the Amnesty Report of 2021.
    • Judicial errors: In the Indian context, where judgmental error is quite frequent and the quality of adjudication is not ensured, what is required is a judicial abolition of death penalty. 

    Conclusion

    The present matter will have to be referred to a larger Bench, with a view to rectify the foundational omission in Bachan Singh — of not explicitly declaring capital punishment as unconstitutional.

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  • [Burning Issue] China’s Debt Trap Diplomacy

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    Context

    • Sri Lanka continues to grapple with its worst-ever economic crisis as it has defaulted on all of its external debt of about $51 billion – after running out of foreign exchange for imports, calling it the last resort.
    • So while domestic policies are largely being seen as reasons for Sri Lanka’s economic collapse, many also blame China for the unprecedented crisis in the island nation.
    • Defaults over China’s infrastructure loans to Sri Lanka, especially the financing of the Hambantota port are being cited as factors leading to the crisis.

    In this article, we will try and understand China’s lending model and the reasons it is coming under increasing criticism from low & middle-income countries against unsustainable debt.

    American statesman John Adams, who served as president from 1797 to 1801, famously said, “There are two ways to conquer and enslave a country: One is by the sword; the other is by debt.” China, choosing the second path, has embraced colonial-era practices and rapidly emerged as the world’s biggest official creditor.

    What is Debt Trap Diplomacy?

    • Loans to repay loans: The debt trap is a situation where one is forced to over consume loans to repay your existing debts.
    • Political leverage is exploited: Debt-trap diplomacy is a term in IR which describes a creditor country or institution extending debt to a borrowing nation partially, or solely, to increase the lender’s political leverage. The term was coined by an Indian academic Brahma Chellaney.
    • IMF and Chinese tools of coercion: Although the term is most commonly associated with China, it has also been applied to the International Monetary Fund (IMF); both allegations, however, are disputed.

    Features of such diplomacy

    • Lending is initially very indiscriminate
    • Terms of the loans are often not publicized
    • More conditional loans are offered to repay and restructure old debts
    • Such loans benefit the lender by undue exploitation of the borrower
    • Interest rates are hefty and unrealistic
    • It seeks sovereign guarantee and sovereign leases
    • Default leads to geo-strategic overtakes ex. PLA Navy being deployed at Hambantota Port

    Roots of such policy

    • There are many cases of countries in the 19th and early 20th century, the high-water mark of European colonialism and imperialism, using debt-funded infrastructure projects to embark on rapid modernisation.
    • For instance, the French-led design and construction of the Suez Canal.
    • It involved the issuing of £3.3 million’s worth of Egyptian bonds in 1863 on behalf of the Egyptian Khedive.
    • In return Egypt, committed to provide labour and a 99-year operational lease to France (much similar to the terms of Hambantota Port).
    • One of the earliest successes of China’s debt-trap diplomacy was in securing 1,158 square kilometers of strategic Pamir Mountains territory from Tajikistan in 2011 in exchange for debt forgiveness.

    Sri Lankan Case

    • Using its own brand of “strategic investments” China is now forcing smaller states to abide by its dictates.
    • Sri Lanka’s case is a text-book example of the Chinese modus operandi in pursuing its strategic interests.
    • In July 2017, the Sri Lankan government and CMPort (China Merchants Port Holdings Company), a state- owned Chinese company, signed an agreement.
    • It granted China a 99-year lease of the Hambantota harbour and 15,000 acres of land in exchange for $1.2 billion.

    How does China seek to achieve this?

    • Belt and Road Initiative (BRI): The BRI is a trillion-dollar initiative, which makes large-scale loans available to countries seeking to build infrastructure projects.
    • Ignorance to creditworthiness: Instead of first evaluating a borrower country’s creditworthiness, including whether new loans could saddle it with an onerous debt crisis, China is happy to lend.
    • Secrecy of negotiations: The China allegedly keep negotiations very secret and non-competitive pricing of projects.
    • Bidding is closed-door: Contracts go to Chinese state-owned or state-linked companies which charge significantly above-market prices.
    • Bribing of the govt: China also shows up with bribes to senior leaders in countries, in exchange for infrastructure projects.

    Worst outcomes

    • Sri Lanka: It was forced to hand over control of the Hambantota port project to China for 99 years, after it found itself under massive debt owed to Beijing.
    • Pakistan: It is literally sold to into the hands of the China over the development of China Pakistan Economic Corridor (CPEC).
    • Gulf region: Similarly, in exchange for relief, China constructed its first military base in Djibouti.
    • India: SL allowed China control over a key port positioned at the doorstep of its regional rival India, and a strategic foothold along a key commercial and military waterway.

    Chinese prophecy of its policy

    • Anti-China sentiments: Communist Party of China calls it a “meme” which became popular due to “human negativity bias” based on anxiety about the rise of China as a global superpower.
    • Obsession for China over the West: Many nations, Pakistan being the best example finds China as an attractive partner for their development.
    • Success of such loans: Most of the debtor countries voluntarily agreed to the loans and had positive experiences working with China.
    • Already existing debt distress: CCP conforms that Chinese loans are not currently a major contributor to the already existing debt distress in Africa.
    • Debt-Restructure Policy: China restructured or waived loan payments for 51 debtor nations (most of the BRI’s participants) without seizing state assets.
    • Case par excellence: Hambantota is an exception for China’s since the project was proposed by former Sri Lankan president Mahinda Rajapaksa, not Beijing.
    • Its borrowers who seek loans: China’s leverage in debt renegotiation is often exaggerated, and was realistically limited in power.
    • Waivers are considered: Considering the particular case of Pakistan, asset seizures are a very rare occurrence, and debt write-off is the most common outcome.

    Why do countries go for Chinese offers?

    • Distressed under-developed /developing countries: In retrospect, China’s designs might seem obvious. But the decision by many developing countries to accept Chinese loans was, in many ways, understandable.
    • Negligence by World Bank and IMF: Most developed nations got neglected by institutional investors, since they had major unmet infrastructure needs. Countries that don’t want to go the IMF for a bailout when they’re in trouble, they went to China instead.
    • Former colonists turned blind eyes: Most African and Asian countries turned troubled after de-colonization. Their finances were literally sucked up by colonists in post WW2 recovery.
    • China empathized when nobody else did: So when China showed up, promising benevolent investment and easy credit, they were all in.
    • Blaming Beijing is the easier option:  It became clear only later that China’s real objectives were commercial penetration and strategic leverage; by then, it was too late, and countries were trapped in a vicious cycle.

    Do you know?

    The State Bank of Pakistan (SBP), the central bank is no more a sovereign bank unlike the RBI. It has now become a commercial bank!

    Has India taken any loans from China?

    Ans. No. It’s the AIIB Loan.

    • India has not entered into any loan agreement directly with China.
    • However, it has been the top borrower of Asian Infrastructure Investment Bank (AIIB), a multilateral bank wherein China is the largest shareholder (26.6% voting rights) and India is the second (7.6% voting rights). 
    • China’s vote share allows it veto power over decisions requiring super-majority.
    • Loans provided to India could also pave the way for Chinese firms to enter and gain experience in the promising Indian infra market.

    Impact of Chinese policy on India

    • Almost all neighbours got lured: Most of India’s neighbours have fallen prey to China’s debt trap, and ceded to China’s $8 tn project – One Belt One Road Initiative (OBOR).
    • India’s sovereignty concerns disregarded: CPEC requires India to accept that the Kashmir-controlled Pakistan region, is Pakistan, because that’s where some of the projects are.
    • Perception change against traditional partners: China through OBOR can hence increase India’s political cost of dealing with its neighbours. Ex. Bangladesh now cherishes Chinese affinity more than its liberator.

    A critical assessment

    • Of course, extending loans for infrastructure projects is not inherently bad: The projects that China is supporting are often intended not to support the local economy, but to facilitate Chinese access to natural resources, or to open the market for its low-cost exports.
    • Several projects are now bleeding money: In a sense, it is even better for China that the projects don’t do well. After all, the heavier the debt burden on smaller countries, the greater China’s own leverage becomes.
    • Chinese morale are now high enough to prey its small neighbours: China has used its clout to push Cambodia, Laos, Myanmar, and Thailand to block a united ASEAN stand against China’s aggressive pursuit of its territorial claims in the South China Sea.
    • China is establishing its monopoly: In financially risky countries, China now demands majority ownership up front. For example, China clinched a deal with Nepal this month to build another largely Chinese-owned dam there, with its state-run China Three Gorges Corporation taking a 75% stake.
    • Debt for a debt has become crème de la crème: In exchange for rescheduling repayment, China is requiring countries to award it contracts for additional projects, thereby making their debt crises interminable.
    • China is becoming increasingly opportunistic and seizing assets: Countries that are not yet ensnared in China’s debt trap should take note – and take whatever steps they can to avoid it.
    • Deadly obligations are pre-conditions: China does obligate the borrower to exclude the Chinese debt from any multilateral restructuring process, such as the Paris Club of official bilateral creditors, and from any “comparable debt treatment.”
    • China has taken over exclusive development rights:  In small island nations, China has converted big loans into acquisition of entire islets through exclusive development rights. It took over a couple of islets in the Indian Ocean archipelago of the Maldives and one island in the South Pacific nation of the Solomon Islands.
    • Some developing economies are regretting their decision: Protests have erupted over widespread joblessness, purportedly caused by Chinese dumping of goods, which is killing off local manufacturing, and exacerbated by China’s import of workers for its own projects.
    • Rise of neo-imperialism: By integrating its foreign, economic, and security policies, China is advancing its goal of fashioning a hegemonic sphere through security links. If states are burdened with high levels of debt as a result, their financial woes only aid China’s neocolonial designs.

    Do you know?

    Yuan is now the official currency of Zimbabwe!

    Way forward

    • India needs to loop in: Getting ready to challenge China’s profile by enhancing its own regional role as an economic and security actor is the need of the hour for India.
    • Ring-fencing of its neighbours: India also needs to maintain its influence in the region and counter the growing debt-trap initiatives via cooperative strategies and humanitarian aid, a move aimed to ring-fence its strategic interests.
    • Countering China in maritime sphere: At a time when China is strangling India in the north with its attempts to change facts on the ground, it is imperative for India to strategically think of using the maritime sphere to break Beijing’s growing dominance in its periphery.
    • Alternatives for finances: India needs to push these small countries to improve its ties with the US and the West. The so called ‘assistance’ should be as per international standards or as per the interest rate imposed by the World Bank, the Asian Development Bank and others.

    Conclusion

    • Thus it is very much clear that- China often begins as an economic partner of a small, financial weak country and then gradually enlarges its footprint in that state to become its economic and political master. 
    • Atmanirbharta (Self-reliance) is the key to all such miseries.
  • Placing semicon diplomacy at the heart of India’s foreign policy

    Context

    The current decade presents a unique opportunity to India. . India must seize this opportunity and become an attractive alternative destination for semiconductor manufacturing.

    Importance of semiconductors

    • Semiconductor chips are the lifeblood of the modern information age.
    • The semiconductor is the cornerstone of all electronic products.
    • They enable electronic products to compute and control actions that simplify our lives.
    • These semiconductor chips are the drivers for ICT development and one of the key reasons for the current flattening of the world

    Global cooperation driven by semiconductors

    • The manufacturing cycle of a semiconductor chip from sand to a finished product, sees it change hands approximately 70 times across international borders.
    • Concentrated in few geographies: The semiconductor manufacturing capacities are concentrated in a few geographies.
    • Nearly all leading edge (sub 10nm) semiconductor manufacturing capacity is limited to Taiwan and South Korea, with nearly 92 per cent located in the former.
    • Further, 75 per cent of the semiconductor manufacturing capacity is concentrated in East Asia and China.

    Opportunity for India

    • Companies are looking to diversify their supply chain and for alternatives to their bases in China.
    • The chip shortages due to Covid-19 have hit automakers with a revenue loss of $110 bn in 2021.
    • The Russia-Ukraine conflict and its implications for raw material supplies for the semiconductor value chain has also poised chipmakers to invest in strengthening the semicon supply chain.
    • India must seize this opportunity and become an attractive alternative destination for semiconductor manufacturing.
    • The way ahead is conceptualising a semicon diplomacy action plan.
    • Placing semicon diplomacy at the heart of India’s foreign policy is essential both strategically and economically.
    • The multiplier effect on the economy: The establishment of the value chain for semiconductors would ensure a multiplier effect on the entire economy. 
    • National security implications: Semiconductors are used in critical infrastructures such as communication, power transmission etc., that have implications for national security. 
    • Reducing the BoP: Domestic production would be saving forex and reducing the balance of payments, especially vis a vis China.

    Way forward: Leveraging Semicon diplomacy

    • One of the ways of leveraging semicon diplomacy is increasing multilateral and bilateral cooperation.
    • Role of Quad: A key institution with immense potential in this regard is the Quad.
    • Australia, being rich in raw materials required for semiconductors, can be an important supplier to fill in India’s deficits.
    • The US and Japan can be leveraged for capacity building and their advanced semiconductor technology in logic and memory segments.
    • Pivot India’s Act East Policy: Considering that the semiconductor manufacturing and testing bases are heavily concentrated in East Asia, the Act East policy provides an opportunity to connect and strengthen ties with key players in the region.
    • Technological exchanges with ASEAN: Frequent technological exchanges between a regional bloc like ASEAN via tracks in forums like the East Asia Summit and the ASEAN regional forum will be beneficial.
    • Collective growth: Attaining self-sufficiency in semiconductor manufacturing can mean collective growth of the South Asian region.
    • India needs to harness its strengths, such as the strong presence of global EMS players, diaspora, world-class design ecosystem, demographic dividend, and use it as a pedestal for global partnerships and outreach.

    Conclusion

    India’s concept of self-reliance is not an individualistic endeavour but one that encourages growth and prosperity of all, in the spirit of Vasudhaiva Kutumbakam, meaning the entire world is one family. Similarly, we don’t have an option but to be self-reliant in semiconductors.

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  • Mother Nature a ‘living being’ with legal entity: Madras HC

    Holding that it is the right time to confer juristic status to ‘Mother Nature’, Justice S. Srimathy of the Madurai Bench of Madras High Court invoked the ‘parens patriae jurisdiction’, and declared ‘Mother Nature’ as a ‘living being’ having the status of a legal entity.

    What is the news?

    • The Madras HC observed that ‘Mother Nature’ was accorded the rights akin to fundamental rights, legal rights, constitutional rights for its survival, safety, sustenance and resurgence in order to maintain its status and also to promote its health and well-being.

    Legal rights for nature: A backgrounder

    • The movement for legal personhood for the environment and animals began in the 1970s.
    • This concept was articulated by Christopher D. Stone in his thesis, Should Trees Have Standing.
    • In this compelling piece, the author makes an argument for the environment to have independent legal rights, much like what was granted by the judgment of the Uttarakhand High Court in 2017.
    • He highlights how the theory of rights has developed over the years and that many inanimate objects have both rights and legal duties. They can sue and be sued.

    What is the case for Madras HC’s personification of nature?

    • The Madras HC has made a personification of nature that focuses on the life-giving and nurturing aspects of nature by embodying it, in the form of the mother.
    • It observed that the court is hereby declaring ‘Mother Nature’ a ‘living being’ having the status of a legal person with all corresponding rights, duties and liabilities of a living person, in order to preserve and conserve it.
    • The State and Central governments are directed to protect ‘Mother Nature’ and take appropriate steps in this regard in all possible ways.

    A different course: Ecological Jurisprudence

    • The onset of climate change and the potential mass extinction of species is accompanied by the gradual closing window of opportunity to take meaningful action.
    • Activists around the world are calling for anthropocentric legal and governance systems to be replaced with ecocentric ones.
    • The last 15 years have seen a dramatic increase in the number of laws based on ecological jurisprudence.
    • Ecological jurisprudence is a philosophy that sees nature not as a set of objects to be exploited but as a community of subjects (humans and non-humans) who are connected through interdependent, reciprocal relationships.

    India’s typical case

    • In 2017, the Uttarakhand HC ruled (in two separate orders) that the Ganga, the Yamuna, their tributaries, and the glaciers and catchments feeding these rivers in Uttarakhand had rights as a “juristic/legal person/living entity”.
    • In 2018, the same HC ruled that the entire animal kingdom had rights similar to that of a living person (Narayan Dutt Bhatt vs Union of India).
    • In March 2020, the Punjab and Haryana High Court passed an order declaring the Sukhna Lake in Chandigarh city a living entity, with rights equivalent to that of a person.

    Beyond Rights

    • Law is a modern human construct. It not only talks in the language of rights and duties that only humans understand but also operationalizes them in a way that can further entrench human-centeredness.
    • In most cases where nature’s rights are recognized in law, they have done so by extending to it the concept of “personhood” in other words, akin to humans and, therefore, having human rights.
    • Hence, any such movement on recognizing the rights of the rest of nature must challenge the fundamental forms of injustices, including capitalism, stateism, anthropocentrism and patriarchy.

    Significance of such status

    • These rights-based laws granting legal personhood for nature aim to shift the legal status of the natural world from being human property to living entities in their own right and subjects of law.
    • This guarantees their right to exist, thrive, evolve and maintain their natural cycles.
    • These rights are not conferred by humans; it is a recognition that these rights have always existed.
    • It lays upon humans the duty to act as guardians for the more-than-human world.

    Issues of implementation

    • Assuming that these rights are recognised, nature or any of its entity cannot represent itself in a court of law.
    • Moreover there is the issue of custodianship.

    What would account for violations?

    • The Uttarakhand court order did not mention what amounted to violation of rights of rivers.
    • In order to be able to truly exercise the rights and implement appropriate redressal, there is a need for a comprehensive definition of the actions that amount to “violation of the rights”.
    • Say, the violation of the rights of rivers may be defined as “any obstruction or impediment that disables the entity from performing its essential ecological functions”.

    Restitution and compensation

    • The New Zealand law has an extensive section lending itself to restitutive, restorative and compensatory action.
    • It acknowledged the government’s decisions and actions for more than a century that resulted in the violation of the health of the Whanganui and the rights, culture and well-being of the indigenous people living along the river.
    • Several specific examples were given, including the dismantling of traditional structures for fishing and river use, a hydroelectric project and mining.
    • Such an acknowledgment is a necessary first step towards seeking appropriate restitutive and compensatory measures.

    Another question: Bioregional Governance

    • Recognizing river ecosystems or other entities of nature as having rights offers the possibility of managing and governing habitats based on the ecological realities of the region.
    • It brings out the bizarre fact that the human-drawn nation state, and political lines on maps in various parts of the world have created conflict situations or disrupted ancient cultural and ecological flows and relations.
    • We need to begin reimagining governance from a bioregional governance point of view.
    • This would also mean bridging the gap between the customary ways of decision making and the current legal frameworks.
    • There is a need for more imaginative lawyers, activists and judges to help move towards an eco-centric and diverse legal framework.

    Way forward

    • There is a need for a comprehensive system to implement and protect their rights.
    • The rights can be safeguarded using the principles of custodianship.
    • The Uttarakhand High Court order named several government functionaries and a couple of independent lawyers as “parents”.
    • An alternative solution is that custodianship or guardianship be given to a body of local communities associated with the river.
    • These communities have traditional or customary rights of the river such as fisherfolk, farmers along the riverbank, and people directly engaged in river-related services.

     

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