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Type: Op-ed

  • The Mediation Bill, 2021

    Context

    The Mediation Bill, 2021 was introduced in Parliament in December 2021. It seeks to ‘promote mediation (including online), and provide for enforcement of settlement agreements resulting from mediation’.

    Need to popularise mediation

    • The Chief Justice of India (CJI), N.V. Ramana, had said that mediation should be made mandatory as a first step in dispute resolution and that a law should be framed in this regard.
    • He emphasised the point that a movement needs to be launched to popularise mediation as it was a cheaper and faster dispute resolution mechanism.
    • He said that courts should be the last resort for dispute resolution; therefore, one should explore the options of alternate dispute resolution.
    • The Tamil Nadu Mediation and Conciliation Centre, an initiative of the Madras High Court and India’s first court-annexed facility with a mediation centre in every district, has significantly reduced the pendency of referred cases.

    Which laws in India allow mediation?

    • Mediation finds legitimacy in some specific laws such as:
    • The Code of Civil Procedure, 1908, the Arbitration and Conciliation Act, 1996,
    • The Companies Act, 2013,
    • The Commercial Courts Act, 2015,
    • The Consumer Protection Act, 2019,
    • However, there is no standalone legislation as yet.

    How the provisions of Mediation Bill 2021 will help in improving the law and order situation

    • The bill seeks to promote mediation (including online), and provide for enforcement of settlement agreements resulting from mediation’.
    • In case of civil or commercial disputes, a person must try to settle the dispute by mediation before approaching a court or tribunal.
    • Improving the law and order situation: There are certain provisions in the Bill which may help in improving the law and order situation in a locality and/or encourage compounding of criminal offences.
    • First, Section 7 of the Bill says that courts will be competent to refer any dispute to mediation relating to compoundable offences or matrimonial offences connected with or arising out of civil proceedings between the parties.
    • Second, Section 44 of the Bill provides for ‘any dispute likely to affect peace, harmony and tranquillity amongst the residents or families of any area or locality, to be settled through community mediation.
    •  Third, the provisions of the Act shall not have the overriding effect, inter alia, on the Maintenance and Welfare of Parents and Senior Citizen Act, 2007 and the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.
    • Promote friendliness: Section 320 in the Code Of Criminal Procedure (CrPC) provides for the compounding of certain criminal offences which shall have the effect of acquittal of the accused.
    • Here, the policy of the law is to promote friendliness between the parties so that peace between them is restored.
    • Relieving the pressure on the police: Many criminal offences are a result of the fact that civil or commercial disputes could not be resolved amicably and in time.
    • The police at times take minor cases lightly or reduce the seriousness of crime by converting a cognisable offence into a non-cognisable one.
    • Therefore, the proposed law of mediation, that has the mechanism of not only preventing the breakdown of law and order through community intervention but also the competence to smoothen the route to compounding of certain criminal offences, may ultimately relieve some of the pressure on the police also.

    Some laws are left out of the scope of Mediation Bill 2021

    • Law to prevent sexual harassment of women at workplace: The law to prevent the sexual harassment of women at the workplace has probably been kept out of its scope so that an internal or local complaint committee is able to take up conciliation and close the case locally without involving a third party and detailed procedure.
    • Law on welfare of parents and senior citizens: The law on the maintenance and the welfare of parents and senior citizens has also been kept out of its scope as offences under it are cognisable offences.

    Way forward

    • The Supreme Court’s view: The Supreme Court of India has held that if there is a composition of an offence during investigation, the parties can either approach the court or the police.
    • Increasing the compoundable offences: The number of offences that can be compounded may also be increased — particularly property offences.
    • Keeping in view the recommendations of the Law Commission in its 243rd report, Section 498A of the Indian Penal Code, relating to cruelty by the husband or his relatives, can also be made compoundable.
    • It may have far-reaching consequences in resolving matrimonial disputes.

    Consider the question “What are the provisions of the Mediation Bill 2021 that could help relieve some of the pressure on law enforcement agencies?”

    Conclusion

    Though the proposed law primarily intends to resolve civil and commercial disputes through mediation, it has ample scope to relieve some of the pressure on law enforcement agencies.

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    Back2Basics: What is a Compoundable and Non Compoundable offence in India

    • Compoundable offences are those offences where, the complainant (one who has filed the case, i.e. the victim), enter into a compromise, and agrees to have the charges dropped against the accused.
    • However, such a compromise should be a “Bonafide,” and not for any consideration to which the complainant is not entitled to.
    • Compoundable offences are less serious criminal offences and are of two different types mentioned in tables in Section 320 of the Criminal Procedure Code, as follows:
    • Court permission is not required: These are the offences, compounding of which do not require prior permission of the court.
    •  Court permission is required: These are the offences, compounding of which require prior permission of the court.

  • Confrontation between the Governors and the State governments

    Context

    Recent media reports about the confrontation between the Governors and the State governments, in Maharashtra and Kerala, have turned the spotlight on the rather delicate relationship between the constitutional head of the State and the elected government.

    Recent incidents of confrontation

    •  In Maharashtra, the Governor refused to accept the date of election of the Speaker recommended by the State government.
    • The Constitution has not assigned any role to the Governor in the election of the Speaker under Article 178, which is exclusively the job of the House.
    • The Governor’s refusal to accept the date of election of the Speaker goes against the principles of constitutional government. 
    • In Kerala, the State Governor having reappointed the Vice Chancellor of Kannur University in accordance with the law, made an allegation that he was under pressure from the Government to reappoint the Vice Chancellor.
    • In fact, he or she can accept suggestions from any person including the Leader of the Opposition in the Assembly.
    • However, the Governor as Chancellor is not required to act on the advice of the Council of Ministers in the matter of appointment of Vice Chancellor and others in the university.
    • He can act absolutely independently.
    • Non-acceptance of the advice of the Council of Ministers too has been witnessed in Rajasthan as well as Maharashtra again.
    • The Kerala High Court has clarified this legal point in Gopalakrishnan vs Chancellor, University of Kerala.

    What explains the confrontational relationship between Governor and State Government?

    • Historical background: It has something to do with the whole idea of the office of the Governor and its past history.
    • In the colonial era, the Governor was the absolute ruler of the province.
    • While making the Constitution,  there were divergent views on the powers to be given to the Governor in the Constituent Assembly.
    • There were members in the Assembly who wanted the Governor to be as powerful as the colonial-era Governors.
    • Discretionary powers: Though B.R. Ambedkar was clear that the Governor should only be a constitutional head and the executive power should vest entirely in the elected government.
    • He promoted the idea of vesting certain discretionary powers in the Governor.
    • Why discretionary powers? In this respect he was guided by the thinking that the State governments are in subordination to the Union government and, therefore, the Governor should be given discretionary powers to ensure that they act so.
    • So, ultimately, the Governor is given certain discretionary powers prescribed by or under the Constitution unlike the President of India who has not been given any such powers.
    • Vagueness about actual powers: Further, Article 163 became a ‘blind reproduction of Section 50 of the Government of India Act 1935’ (H.V. Kamath).
    • This exact reproduction of the provision in the Act of 1935 has, to a great extent, introduced a vagueness about the actual powers of the Governor vis-à-vis the elected government.
    • This vagueness was corrected only with the Supreme Court of India stating the law in unambiguous terms in Shamsher Singh (1974).
    • From Shamsher Singh to Nabam Rebia (2016) the Supreme Court declared that the Governor can, in the exercise of executive power of the state, act only on the aid and advice of the Council of Ministers “…save in a few well-known exceptional situations”.

    Consider the question “The relationship between the Governor and Chief Minister has, even at the best of times, not been absolutely simple and tension free. What are the factors responsible for confrontation? Suggest the way forward.”

    Conclusion

    The Governor is a high constitutional authority. He needs to function within the four walls of the Constitution and be a friend, philosopher and guide to his government.

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  • China’s new land boundary law fits in with its expansionism

    Context

    The latest in the series of aggressive Chinese actions is the use of lawfare through the passing of the “Land Boundary Law” on October 21 which became effective this week.

    Background of the Chinese approach

    • The last residue of the Qing dynasty was wiped out in the 1911 revolution when China was established as a republic.
    • The republic was again overthrown in 1949 by the Chinese Communist Party.
    • Three successive Chinese governments in China refused to delineate or demarcate the boundary with either Tibet or India.
    • British archival records, many declassified points to attempts made by Imperial Britain to formally formulate a boundary with China.
    • Yet, all three regimes were united in their refusal to accept a formal limiting of China’s territorial expanse and kept their response ambiguous.
    • Even during the Simla Convention of 1913-14, when the Republic was ascendant in China, there was a vehement refusal to recognise any demarcation of boundaries between Tibet and China.

    Strong-arm tactics against India

    • Having operated from a maximalist position to settle its borders with 12 of its 14 neighbours so far, China has attempted to use the same strong-arm tactics with both India and Bhutan.
    • It has offered to forgo its claims in the larger parts of North Bhutan in lieu of gaining a relatively smaller area in West Bhutan.
    • Threat to Siliguri corridor: This seeming magnanimity is calculated to expand into the Chumbi Valley in the South, threatening the narrow and strategic Siliguri corridor in India.
    • In its latest move, China has made a new claim on Sakteng sanctuary in Bhutan which may form a launchpad for future operations against Tawang in Arunachal Pradesh.
    • China has also strengthened its collusion with Pakistan.
    • There is a deliberate attempt by China to physically link with Pakistan in the Northern Areas by removing the Indian wedge of DBO, the doorway to the Karakoram Pass.
    • A Training Mobilisation Order (TMO) issued by Xi Jinping in January 2020 called for “confrontational training” for its troops and officers to assess their preparedness, especially in light of the new reforms undertaken by the PLA.
    • These factors seem to be the tactical beginnings of China’s grand strategy which also saw China flexing in the South China Sea and Taiwan, almost simultaneously.

    China making use of lawfare and implications for India

    • The latest in the series of aggressive Chinese actions is the use of lawfare through the passing of the “Land Boundary Law”.
    • Formalises and legalises land Chinese grab: The law formalises and legalises China’s geographic creep towards Tawang, Arunachal Pradesh and parts of eastern Ladakh and creates conditions for using newly-constructed border villages close to the LAC for claiming sovereignty over disputed areas.
    • The import of the law is most critical for India but will affect China’s disputes with other countries too.
    • What China has done, therefore, is convert a territory dispute over borders into a sovereignty dispute which precludes any give or take of territory.
    • China will attempt to settle its Han population in the Tibetan regions, reversing established demographic patterns and at the same time.
    •  Future negotiations over territory, if they occur, will then refer to the Border Defence Cooperation Agreements of 2005 and 2012 which call for border settlements to be done keeping in mind the local population in the border regions.

    Way forward

    • A deliberate thought process needs to be evolved to offset our disadvantages as purely military actions may not solve the situation in the long term.

    Conclusion

    What emerges clearly is that by adopting the Land Boundary Law, in conjunction with its physical actions on the LAC, China has consolidated its position in eastern Ladakh and kept possibilities open in Arunachal Pradesh.

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  • For carbon sequestration, India must revisit its policy framework

    Context

    India’s pledge to set a net-zero target by 2070, at the COP26 summit, Glasgow, has again highlighted the importance of forests to help mitigate the challenges of climate change.

    Need for sustainable management of forests

    • The United Nations Framework Convention on Climate Change (UNFCC) framework (2013) of REDD+ for Reducing Emissions from Deforestation and Forest Degradation has highlighted the importance of forest along with the ‘sustainable management of forests for the conservation and enhancement of forest carbon stocks’.
    • Land-based sinks: In a study by Griscom (2017), land-based sinks (natural climate solutions which also include forests) can provide up to 37% of emission reduction and help in keeping the global temperature below 2° C.
    • Natural regeneration model: Recent research has favoured a natural regeneration model of restoration over the existing much-hyped mode of tree planting as such forests are said to secure nearly 32% carbon storage, as per one report of the Intergovernmental Panel on Climate Change.

    Degradation and deforestation in India

    •  As per the State of Forests Report (1989), the country had 2,57,409 sq.km (7.83% of its geographical area) under the open forest category, having a density of 10% to less than 40%.
    • However, in 30 years (2019) this has been increased to 3,04,499 sq. km (9.26%).
    • This means every year on average, nearly 1.57 lakh hectare of forests was degraded. 
    • Anthropogenic pressure: This degradation highlights the presence of anthropogenic pressures including encroachment, grazing, fire, which our forests are subjected to.

    Need for the participation of people to achieve target of carbon sequestration

    • The degradation warrants the participation of people as an essential and effective route to achieve the desired target of carbon sequestration through the restoration of forests.
    • As envisaged in National Forest Policy, 1988, India made its attempt, in 1990, to engage local communities in a partnership mode while protecting and managing forests and restoring wastelands with the concept of care and share. 
    • Later, the concept of forest development agencies was introduced to consolidate the efforts in an autonomous model.
    • Creation of joint forest management committees: The efforts to make this participatory approach operative resulted in the formation of nearly 1.18 lakh joint forest management committees managing over 25 million hectares of forest area.
    • Most of these became active and operative while implementing various projects financed by external agencies such as the World Bank, the Overseas Economic Cooperation Fund (OECF) Japan, the Department for International Development (DFID) United Kingdom and the European Union (EU).
    • A similar system of joint management in the case of national parks, sanctuaries and tiger reserves which existed in the name of eco-development committees initially proved effective.
    • However, the completion of the project period and lack of subsequent funding affected their functionality and also the protection of forests due to a lack of support from participating local communities including associated non-governmental organisations.
    • Customary participation: Except for the National Mission for Green India, in all other centrally sponsored programmes such as Project Tiger, fire management, Integrated Development of Wildlife Habitats (IDWH) including the Compensatory Afforestation Management and Planning Authority (CAMPA), the lack of priority and policy support to ensure the participation of local communities via the institutions of joint forest management committees slowly made their participation customary.
    • This caused a gradual decline in their effectiveness.
    • Role change: The role of local institutions of gram panchayat or joint forest management committees is now restricted to be a consultative institution instead of being partners in planning and implementation.
    • Implications of role change: This indifference and alienation from the participatory planning and implementation of various schemes

    Way forward

    • Revisit legal and policy mechanism: To achieve net-zero targets there is a need to revisit our existing legal and policy mechanisms.
    • Incentivise local communities: We also need to incentivise the local communities appropriately and ensure fund flow for restoration interventions.
    • There is a need for duly providing for the adequate participation of local people in planning and implementation through local institutions.
    • Replicate Telangana model: Political priority and appropriate policy interventions as done recently in Telangana by amending the panchayat and municipal acts and creating a provision for Telangana Haritha Nidhi need replication in other States.
    • Financial and institutional support mechanisms: These should be supported by enabling financial and institutional support mechanisms and negotiations with stakeholders
    • Though India did not become a signatory of the Glasgow Leaders’ Declaration on Forests and Land Use, the considerations of land tenure and the forest rights of participatory communities with accelerated finances will help aid steps in the race toward net zero.

    Consider the question “India is witnessing enormous degradation of forests and deforestation. This warrants the participation of people as an essential and effective route to achieve the desired target of carbon sequestration. In context of this, elaborate the importance of people participation and suggest the way forward.”

    Conclusion

    This inclusive approach with political prioritisation will not only help reduce emissions but also help to conserve and increase ‘our forest cover’ to ‘a third of our total area’. It will also protect our once rich and precious biological diversity.

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  • Extinguishing the tobacco industry’s main narrative

    Context

    There is no doubt that tobacco use is highly detrimental to public health. We have to find the ways and the means to reduce the demand for tobacco among existing as well as aspiring users.

    Impact of tobacco

    • Tobacco is a product that kills more than 13 lakh Indians every year.
    • Annual burden: The annual economic burden from tobacco use is estimated to be ₹177,340 crore which is more than 1% of India’s GDP.
    • About 27 crore people above the age of 15 years and 8.5% of school-going children in the age group 13-15 years use tobacco in some form in India.

    Are price and tax measures effective against tobacco use?

    • When tobacco products become more expensive, people either quit using them or use them less, and it incentivises many to not initiate the habit.
    • Because it hurts both revenue and profits, the tobacco industry, globally, is always devising tactics and narratives that will pre-empt any kind of tax increases on tobacco products.
    • The narrative of “increasing illicit trade” is something the tobacco industry has historically used to pre-empt potential tax increases on tobacco products in most countries around the world.
    • The story is no different in India.
    • In a recent report by the Tobacco Institute of India, it was said that the illicit cigarette volume in India has grown by 44% from 2011 to 2019 while adding that high and increasing tax rates provide a profitable opportunity for tax evasion and encourage growth in illegal trade.
    • A study published in 2018 which used a survey of empty cigarette packs collected from retail outlets across different cities in India estimated that illicit cigarettes constitute 2.7% of the market.
    • The second study published in 2020 used tax-gap analysis to estimate that the percentage of illicit cigarettes was 5.1% in 2009-10 and 6.6% in 2016-17.

    Are taxes and prices key determinants of illicit trade?

    • It is to be noted that taxes and prices are not the key determinants of illicit trade.
    • There is sufficient evidence in the literature on illicit trade in cigarettes that shows tax increases only have a minimal impact, if at all, on illicit trade.
    • There are several countries where tobacco taxes are quite high and yet have low levels of illicit trade, while there are also countries with high levels of illicit trade despite having relatively low tax rates.
    • Several factors such as the quality of tax administration, the strength of the regulatory framework, government commitment to control illicit trade, the strength of governance, social acceptance, and the presence of informal distribution networks are known to play a larger role in determining the scale and the extent of an illicit market.

    Way forward

    • WHO protocol: Eliminating all forms of illicit trade in tobacco products through a package of measures is one of the major objectives of the Protocol to Eliminate Illicit Trade in Tobacco Products under the World Health Organization’s Framework Convention on Tobacco Control.
    • The Protocol provides the tools and the measures to eliminate or minimise illicit trade which includes strong governance, establishing an international track and trace system, and securing supply chains.
    • India has already ratified the World Health Organization Protocol and it should now show leadership in implementing these measures to effectively address even the relatively lower levels of illicit trade.

    Conclusion

    There is no scientific or public health rationale not to increase tax on tobacco products for unfounded fear of increasing illicit trade.

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  • Worrying trends in nutrition indicators in NFHS-5 data

    Context

    The NFHS-5 factsheets for India and all states and Union territories are now out. At first glance, it appears to be a mixed bag — much to cheer about, but concern areas remain.

    Positives from the NFHS-5 survey

    • Change in demographic trends: For the first time since the NFHS 1992-93 survey, the sex ratio is slightly higher among the adult population.
    • Improvement in sex ratio at birth: For the first time in 15 years that the sex ratio at birth has reached 929 (it was 919 for 1,000 males in 2015-16).
    • The total fertility rate has also dropped from 2.2 per cent to a replacement rate of 2 per cent, albeit with not much change in the huge fertility divide between the high and low fertility states.
    • Improvement in literacy level of women: There has been an appreciable improvement in general literacy levels and in the percentage of women and men who have completed 10 years or more of schooling, which has reached 41 per cent and 50.2 per cent respectively.
    • Improvements in health indicators: The health sector deserves credit for achieving a significant improvement in the percentage of institutional births, antenatal care, and children’s immunisation rates.
    • There has also been a consistent drop in neonatal, infant and child mortality rates — a decrease of around 1 per cent per year for neonatal and infant mortality and a 1.6 per cent decrease per year for under five mortality rate.

    Nutrition: Area of concern

    • Increase in anaemic people: India has become a country with more anaemic people since NFHS-4 (2015-16), with anaemia rates rising significantly across age groups, ranging from children below six years, adolescent girls and boys, pregnant women, and women between 15 to 49 years.
    • Why anaemia is a concern? Adverse effects of anaemia affect all age groups — lower physical and cognitive growth and alertness among children and adolescents, and lesser capacity to learn and play, directly impacting their future potential as productive citizens.
    •  Further, anaemia among adolescent girls (59.1 per cent) advances to maternal anaemia and is a major cause of maternal and infant mortality and general morbidity and ill health in a community.
    • The detailed report will explain why a dedicated programme like Anaemia Mukt Bharat which focused on IFA consumption failed to gain impetus.
    • Slow pace of improvement in nutritional indicators: Between NFHS 4 and NFHS 5, the percentage of children below five years who are moderately underweight has reduced from 35.8 per cent to 32.1 per cent.
    • Moderately stunted children have fallen from 38.4 per cent to 35.5 per cent, moderately wasted from 21 per cent to 19.3 per cent and severely wasted have increased slightly from 7.5 per cent to 7.7 per cent.
    • Inadequate diet: The root cause for this is that the percentage of children below two years receiving an adequate diet is a mere 11.3 per cent, increasing marginally from 9.6 per cent in NFHS-4.

    Way forward

    • India’s nutrition programmes must undergo a periodic review.
    • The Integrated Child Development Services (ICDS), which is perceived as the guardian of the nation’s nutritional well-being must reassess itself and address critical intervention gaps, both conceptually and programmatically, and produce rapid outcomes.

    Conclusion

    The nutritional deficit which ought to be considered an indicator of great concern is generally ignored by policymakers and experts. Unless this is addressed, rapid improvement in nutritional indicators cannot happen.

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  • How to control cyber crime against women

    Context

    The open-source app, Bulli Bai, hosted on the web platform GitHub for “auctioning Muslim women” has laid bare the harassment women face online.

    Cybercrimes against women

    • As per the Telecom Regulatory Authority of India (TRAI) there were around 825 million internet users in India at the end of March 2021.
    • The minuscule amount of rogue elements among these internet users have the lethal capability to create havoc in the nation, its polity, economy and the personal and professional lives of citizens.
    • Reluctance to file case: Many times, police officers are approached by anxious parents, days before marriage, seeking help about fake profiles or morphed photographs of their daughters on the internet.
    • A formal police case is thus never lodged.
    • The stark reality is that cyber blackmailing, stalking and bullying is a humongous issue, causing a lot of stress to women and their families.
    •  NCRB statistics show that total cyber crimes in India during 2020 were 50,035, and those specifically against women were only 10,405.

    Steps need to be taken

    • Promt reporting and registration: To find out the true magnitude of cyber crime, prompt reporting and registration are the only options.
    • International cooperation through treaties: There are many international gangs which successfully avoid detection as “servers” used by them are located outside India.
    • International cooperation through formal treaties and informal channels has to be pursued.
    • CERT-IN has been doing commendable work in this regard.
    • Registering a criminal case is the first crucial step as it sets the law into motion, leading to tracing, arresting and prosecuting the rogues even if they are located outside the country.
    • Increase awareness:  There is need to increase awareness about cyber safety and security so that youth, especially young girls and women, take proper precautions while surfing the virtual world.
    • Better policing: As for the police, we do need better infrastructure, more special cyber cells and police stations, regular training, and collaboration with cyber experts on a continuous basis.
    • Strengthening the capability of forensic laboratories can lead to timely collection of evidence of cyber bullying, threatening, morphing and profiling.
    • Many state labs do not have sufficient numbers of cyber experts to seize, preserve and store images of digital evidence essential for securing conviction in courts.
    • The central government has given funds to states and Union territories under the Cyber Crime Prevention Against Women and Children (CCPWC) scheme to start “cyber forensic-cum-training laboratories”.
    • Fast trial: Fast trial of cyber crimes would indeed help. As per the NCRB, during 2020, court trials were completed in only nine cases of cyber blackmailing and threatening with a 66.7 per cent conviction rate — 393 such cases are pending in courts.
    • Systematic training of prosecutors and judicial officers in dealing with cyber crimes would definitely speed up trials.

    Conclusion

    Prompt reporting of cyber crime by citizens, technically proficient investigation by police adequately supported by forensics, and time-bound completion of court trials are essential for catching cyber offenders who are terrorising people, especially women, in the virtual as well as the real world.

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  • What America’s Indo-Pacific policy mean

    Context

    The visit by United States Secretary of State  Antony J. Blinken to Southeast Asia in December 2021 underscores the importance that is being accorded to this region by the Joe Biden administration.

    Take aways from the visit

    [1] Projecting the US as reliable partner

    • The idea was to present the U.S. as a reliable partner in meeting the challenges that the Indo-Pacific region is facing.
    • For instance, completely aware that the Southeast Asian nations are averse to choosing sides in this U.S.-China competition, Mr. Blinken made it a point to mention that “individual countries will be able to choose their own path and their own partners.

    [2] Tackling China challenge

    • Both China and the U.S. are trying to lure the Association of Southeast Asian Nation (ASEAN) countries to their side — China with its grand economic infrastructure investment deals and the U.S. through recent high profile official visits as well as through the Build Back Better World initiative and Blue Dot Network.
    • In Southeast Asia, the U.S.-China competition is most visible in two areas; one is the South China Sea and the second is the investment in fulfilling the infrastructure development needs of Southeast Asian countries.
    • The U.S. has continued its Freedom of Navigation operations in the disputed waters of the South China Sea.
    • In his remarks in Indonesia, Mr. Blinken stressed America’s determination “to ensure freedom of navigation in the South China Sea, where Beijing’s aggressive actions there threaten the movement of more than $3 trillion worth of commerce every year”.

    [3] Closing the gap on infrastructure

    • Southeast Asia has been one of the top recipients of Chinese investments under its Belt and Road Initiative (BRI).
    • How these investments have driven countries such as Cambodia and Laos to do China’s bidding in the ASEAN even at the cost of compromising ASEAN’s unity is a known fact.
    • Mr. Blinken reiterated that the U.S. remains committed to help close the gap on infrastructure.
    • The infrastructure coordination group launched by the Quad members is seeking to catalyse even more investment and is looking to partner with Southeast Asia on infrastructure and many other shared priorities.
    • Washington is promising to do more under the Build Back Better World initiative and the Blue Dot Network.

    Way forward

    • The ASEAN countries, even after the release of the ASEAN Outlook on the Indo-Pacific, do not have a uniform approach when it comes to dealing with the U.S. and China.
    • These differing approaches are also challenging the much vaunted ASEAN centrality in the Indo-Pacific.
    • Though external players will have a limited role in ensuring that the unity within ASEAN is restored, providing proper alternative models of investments for development in sectors such as infrastructure, digital economy, supply chain, and health for the Southeast Asian nations will be critical.

    Conclusion

    The economic framework, investment plans and promises outlined need to be made operational quickly if Washington is to show that it is indeed serious about sustained commitment toward the Indo-Pacific.

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  • Challenges facing the Civil Society Organisations

    Context

    Recently, the Missionaries of Charity established by Nobel Laureate Mother Teresa was in the news for the cancellation of its permission under the FCRA.

    Detailed scrutiny delaying permission for grant

    • The levels of due diligence and the information sought on the one hand and the annual declarations to be given by the board members of civil society organisations on the other have increased significantly.
    • The mandatory opening of bank accounts for foreign contributions has been centralised in one branch of the State Bank of India.
    • The linking of Permanent Account Number (PAN), Aadhaar number and mapping it with the bank account/s of the individual board members are happening.
    • The registrations under Foreign Contribution (Regulation) Act (FCRA) have been long necessitated in order to undertake due diligence of the causes for which the organisation is working for and also to have a handle on the traceability of funds.
    • The dashboard shows a little under 17,000 active organisations — which have either got permission or will know their fate by March 2022, while around 33,000 organisations have either lost their permission or it has expired.

    Various restrictions

    • Restriction on sub-grant: In the past, the amendments in the FCRA that restricted the ability to sub-grant, killed many of the niche organisations working in very remote areas which had no direct access to international funding but were doing it through larger non-governmental organisations.
    • Restriction on administrative expenses: The other amendment restricting the proportion of expenses on administration almost choked organisations that worked for the rights of the disposed.
    • The increasing level of surveillance type of data sought has resulted in many organisations losing people on their governance structure and resulting in problems in funding.

    Why do we need Civil Society Organisations?

    • We need them because they usually work on what can be called an unreasonable agenda.
    • This unreasonableness falls in three large verticals.
    • [1] Ensuring efficiency and accountability from state: The first is that they ask for greater efficiency, delivery and accountability from the state.
    • Whether is it about rehabilitation and compensation in the case of land acquisition or setting up a great accountability framework as was done through the movement led by the Mazdoor Kisan Shakti Sangathan for the Right to Information.
    • [2] Correcting extractive nature of market: The second vertical is in correcting the extractive nature of markets.
    • The groups asking for environmental accountability are looking at inter-generational justice on a matter that is not very precisely measurable but is palpable.
    • [3] Picking up niche causes: The third is basically picking up causes that are so niche that it is beyond the capability of the state to come up with such initiatives.
    • For example, a drama school set up in a village called Heggodu, Karnataka, or an idea of distributing clothing for work as done by Goonj.
    • These initiatives cannot be put into specific business plans, spreadsheets or government schemes.
    • They, therefore, need a grant-based, cause-based revenue stream model.

    Should these organisations accept foreign funding?

    • Causes have no boundaries: “Causes” have no boundaries and funding for such socially desirable belief systems could come from beyond borders.
    • Some causes carried out by organisations such as Doctors Without Borders, or Reporters Without Borders are by definition international in nature.
    • Similar is the case with the Jaipur foot provided by the Bhagwan Mahaveer Viklang Sahayata Samiti.
    • The humanitarian work by the Missionaries of Charity is beyond the capability of a state.
    • Such causes do not have a rational basis to be explained in terms of a financial model; how do you put a price tag to press freedom?
    • The niche funding will happen from agencies that may be beyond the borders.
    • The duality of welcoming foreign investments (which takes away capital gains and dividends) while actively discouraging foreign aid to charities is staring us in the face.

    Conclusion

    The government needs to ensure that the regulations do not create hurdles for the civil society organisations in their functioning and receiving fundings.

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  • A partnership to carry India into net-zero future

    Context

    At a time when our planet faces an existential crisis, there is little doubt that we need innovative, scientific and urgent steps to secure humanity’s future.

    India’s climate commitment

    • We need to act decisively to reach global net-zero, restricting future cumulative emissions to the remaining carbon budget — as COP26 noted — if the rise in temperature is to remain within the limits of the Paris Agreement.
    • At COP26, India announced its climate commitments — the “Panchamrit”, including a commitment to reach net-zero by 2070.
    • India’s announcement of its net-zero goal is a major step considering that our country is not the cause of global warming.
    • Its historical cumulative emissions are a mere 4.37 per cent of the world’s total. 

    India’s steps to achieve the targets

    [1] India’s renewable energy targets and achievements

    • India’s renewable energy targets have steadily become more ambitious, from the 175 GW by 2022 declared at Paris, to 450 GW by 2030 at the UN Climate Summit, and now 500 GW by 2030, announced at COP26.
    • India has also announced the target of 50 per cent installed power generation capacity from non-fossil energy sources by 2030, raising the existing target of 40 per cent, which has already been almost achieved.
    • Renewable technologies: India will not lag in terms of new cutting-edge renewable technologies and has already announced a Hydrogen Energy Mission for grey and green hydrogen.
    • In energy efficiency, the market-based scheme of Perform, Achieve and Trade (PAT) has avoided 92 million tonnes of CO2 equivalent emissions during its first and second cycles.

    [2] India’s E-mobility transtion

    • FAME: India is accelerating its e-mobility transition with the Faster Adoption and Manufacturing of (Hybrid &) Electric Vehicles Scheme to support the electric vehicle market development and enable its manufacturing ecosystem to achieve self-sustenance.
    • Incentives for customers and companies: The government has also announced a slew of incentives for customers and companies to promote e-vehicles.
    • Adoption of BS-VI: India leapfrogged from Bharat Stage-IV (BS-IV) to Bharat Stage-VI (BS-VI) emission norms by April 1, 2020.
    • Scrapping policy: A voluntary vehicle scrapping policy to phase out old and unfit vehicles now complements these schemes.
    • Electrification of railway routes: Indian Railways is charging ahead, targeting the full electrification of all broad-gauge routes by 2023.

    [3] Ujjwala Yojana and UJALA

    • The Pradhan Mantri Ujjwala Yojana has benefitted 88 million households with LPG connections.
    • More than 367 million LED bulbs have been distributed under the UJALA scheme, leading to energy savings of more than 47 billion units of electricity per year and a reduction of 38.6 million tonnes of CO2 per year.
    • With these and many other initiatives, India has already achieved a reduction of 24 per cent in the emission intensity of its GDP between 2005 and 2016, and is on track to meet its target of 33 to 35 per cent by 2030.

    Role of private sector

    • Since industries also contribute to GHG emissions, any climate action will need to reduce or offset emissions that emerge from industrial and commercial activity.
    • The public and private sectors in India are already playing a key role in meeting the climate challenge, helped by growing customer and investor awareness, as well as increasing regulatory and disclosure requirements.
    • Enterprises are well-positioned to not just adapt to but also gain from the low-carbon transition.
    • The low-carbon transition challenge is bigger for companies that are largely coal-powered and contribute more than half of our country’s emissions.
    • The business fraternity must make the best possible use of this opportunity to invest in climate technologies and expand the use of renewable energy sources.
    • The Indian cement industry has taken pioneering measures and achieved one of the biggest sectoral low carbon milestones worldwide.

    Way forward

    • India’s journey on the low-carbon pathway towards net-zero requires the active participation of all stakeholders.
    • Sustainable lifestyles and climate justice are at the core of this journey.

    Conclusion

    With cooperation from the private sector, India will be able to responsibly use its fair share of the global carbon space and contribute to reaching the global net-zero goal to build a more environmentally sustainable planet.

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