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Type: op-ed snap

  • Foreign Policy Watch: India-Pakistan

    India’s South Asian opportunity

    Note4Students

    From UPSC perspective, the following things are important:

    Prelims level: RCEP

    Mains level: Paper 2- India-Pakistan relations and its impact on the region

    India-Pakistan relations weigh down heavily on the SAARC. This affects the economic development of the region. The highlight opportunity for India and Pakistan to separate politics from economics.

    Economic integration

    • There is a growing, but unstated, realisation that neither India nor Pakistan can wrest parts of Kashmir that each controls from the other.
    • A fair peace between India and Pakistan is not just good for the two states but for all the nations constituting the South Asian Association for Regional Cooperation (SAARC).
    • While SAARC has facilitated limited collaborations among its members, it has remained a victim of India-Pakistan posturing.
    • World Bank publication titled ‘A Glass Half Full’ conclude that there is explosive value to be derived from South Asian economic integration.
    • An economically transformed and integrated South Asian region could advantageously link up with China’s Belt and Road Initiative and even join the RCEP.

    Important role of India

    • Collectively with a population of slightly over 1.9 billion, South Asia has a GDP (PPP) of $12 trillion.
    • However, India’s enjoys an overwhelming ‘size imbalance’ in South Asia.
    • The shares of India in the total land area, population, and real GDP of South Asia in 2016 are 62%, 75%, and 83%, respectively.
    • The two other big countries in South Asia are Pakistan and Bangladesh with shares in regional GDP of only 7.6% and 5.6%, respectively.
    • Given its size and heft, only India can take the lead in transforming a grossly under-performing region like South Asia.

    Consider the question “How India-Pakistan relations affects the potential of SAARC? Examine the role both countries can play in the prosperity of the region through economic integration.”

    Conclusion

    This is the moment for India to think big and act big. But for that to happen, India needs to view peace with Pakistan not as a bilateral matter, but as essential and urgent, all the while viewing it as a chance of a lifetime, to dramatically transform South Asia for the better, no less.

  • Cyber Security – CERTs, Policy, etc

    Why the Personal Data Protection Bill matters

    Note4Students

    From UPSC perspective, the following things are important:

    Prelims level: IT Act 2000

    Mains level: Paper 3- Personal Data Protection Bill and related issues

    The existing data protection framework based on IT Act 2000 falls short on several counts. The Personal Data Protection Bill seeks to deal with the shortcoming in it. The article explains how the two differs.

    Need for new data protection regime

    • The need for a more robust data protection legislation came to the fore in 2017 post the Supreme Court’s landmark judgment in Justice K.S. Puttaswamy (Retd) v. Union of India.
    • In the judgment, the Court called for a data protection law that can effectively protect users’ privacy over their personal data.
    • Consequently, the Committee of Experts was formed under the Chairmanship of Justice (Retd) B.N. Srikrishna to suggest a draft data protection law.
    • The Personal Data Protection Bill, 2019, in its current form, is a revised version of the draft legislative document proposed by the Committee.

    Issues with the existing data protection framework

    • The Information Technology Act, 2000 governs how different entities collect and process users’ personal data in India.
    • However, entities could override the protections in the regime by taking users’ consent to processing personal data under broad terms and conditions.
    • This is problematic given that users might not understand the terms and conditions or the implications of giving consent.
    •  Further, the frameworks emphasise data security but do not place enough emphasis on data privacy.
    • As a result, entities could use the data for purposes different to those that the user consented to.
    •  The data protection provisions under the IT Act also do not apply to government agencies.
    • Finally, the regime seems to have become antiquated and inadequate in addressing risks emerging from new developments in data processing technology.

    How the new regime under Data Protection Bill 2019 is different

    • First, the Bill seeks to apply the data protection regime to both government and private entities across all sectors.
    • Second, the Bill seeks to emphasise data security and data privacy.
    • While entities will have to maintain security safeguards to protect personal data, they will also have to fulfill a set of data protection obligations and transparency and accountability measures.
    • Third, the Bill seeks to give users a set of rights over their personal data and means to exercise those rights.
    • Fourth, the Bill seeks to create an independent and powerful regulator known as the Data Protection Authority (DPA).
    • The DPA will monitor and regulate data processing activities to ensure their compliance with the regime.

    Concerns

    • Under clause 35, the Central government can exempt any government agency from complying with the Bill.
    • Similarly, users could find it difficult to enforce various user protection safeguards (such as rights and remedies) in the Bill.
    • For instance, the Bill threatens legal consequences for users who withdraw their consent for a data processing activity.
    • Additional concerns also emerge for the DPA as an independent effective regulator that can uphold users’ interests.

    Consider the question “What are the issues with the present framework in India for data and privacy protection? How the Personal Data Protection Bill seeks to address these issues?”

    Conclusion

    The Joint Parliamentary Committee that is scrutinising the Bill is expected to submit its final report in the Monsoon Session of Parliament in 2021 Taking this time to make some changes in the Bill targeted towards addressing various concerns in it could make a stronger and more effective data protection regime.

  • Foreign Policy Watch: India-United States

    India and the great power triangle of Russia, China and US

    Note4Students

    From UPSC perspective, the following things are important:

    Prelims level: Not much

    Mains level: Paper 2- Russia-China-US dynamic and its impact on India

    Relations between Russia, China and the US have not always been the same. The changes in triangular dynamic offers lessons for India. The article deals with this issue.

    India’s changing relations with great powers

    • The recent visit of Russian foreign minister Sergei Lavrov to Delhi and Islamabad is among multiple signs of India’s changing relations with the great powers.
    •  At the same time, Delhi’s growing strategic partnerships with the US and Europe have begun to end India’s prolonged alienation from the West.
    • Also, New Delhi’s own relative weight in the international system continues to increase and give greater breadth and depth to India’s foreign policy.

    Shifts in triangular relations between Russia, China and America

    1) Russia-China relations

    • The leaders of Russia and China — Joseph Stalin and Mao Zedong — signed a formal treaty of alliance in 1950.
    •  Russia invested massively in the economic modernisation of China, and also gave it the technology to become a nuclear weapon power.
    • However, by the 1960s, their relations soured and two were arguing about ideology and a lot else.
    • The Sino-Soviet split had consequences way beyond their bilateral relations.
    • None of them more important than the efforts by both Moscow and Beijing to woo Washington.
    • The break-up between Russia and China also opened space for Delhi against Beijing after the 1962 war in the Himalayas.
    • Under intense American pressure on Russia in the 1980s, Moscow sought to normalise ties with Beijing.
    • Stepping back to the 1960s and 1970s, China strongly objected to Delhi’s partnership with Moscow.

    2) Russia-US relations

    • Russia, which today resents India’s growing strategic warmth with the US, has its own long history of collaboration with Washington.
    • Moscow and Washington laid the foundations for nuclear arms control and sought to develop a new framework for shared global leadership.
    • But Delhi was especially concerned about the Nuclear Nonproliferation Treaty system, with all its constraints on India’s atomic options, that Moscow and Washington constructed in the late 1960s.

    3) US-China relations

    • Despite fighting Korean War with the US in the early 1950s, China normalised relations with the U.S. in 1971 to counter the perceived threat from Russia.
    • Deng Xiaoping, refused to extend the 1950 security treaty with Russia that expired in 1980.
    • China turned instead, towards building a solid economic partnership with the US and the West that helped accelerate China’s rise as a great power.

    Lessons for India

    • The twists and turns in the triangular dynamic between America, Russia and China noted above should remind us that Moscow and Beijing are not going to be “best friends forever”.
    • India has no reason to rule out important changes in the way the US, Russia and China relate to each other in the near and medium-term.
    • In the last few years, India has finally overcome its historic hesitations in partnering with the US.
    • India has also intensified its efforts to engage European powers, especially France.
    • Prime Minister Boris Johnson’s visit to India later this month promises a fresh start in India’s difficult postcolonial ties with Britain.
    • India is also expanding its ties with Asian middle powers like Japan, Korea and Australia.
    • Despite the current differences over Afghanistan and the Indo-Pacific, India and Russia have no reason to throw away their mutually beneficial bilateral partnership.
    • The current troubles with China seem to be an unfortunate exception to the upswing in India’s bilateral ties with global actors.

    Consider the question “What are the lessons India can draw from the  twists and turns in the triangular dynamic between America, Russia and China.”

    Conclusion

    India has successfully managed the past flux in the great power politics; it is even better positioned today to deal with potential changes among the great powers.

  • Foreign Policy Watch: India-Pakistan

    Explaining Pakistan’s flip-flop on trade with India

    Note4Students

    From UPSC perspective, the following things are important:

    Prelims level: Not much

    Mains level: Paper 2- Resuming India-Pakistan trade ties

    The article highlights the key takeaways from Pakistan’s vacillations on resuming the trade ties even in the face of impending economic crisis.

    U-turn on resuming trade

    • On March 31, Pakistan announced the decision to import cotton, yarn, and sugar from India.
    • However, it took a U-turn on that announcement about resuming trade ties.
    • This highlights the internal differences and the emphasis on politics over economy and trade.
    • It also signifies Pakistan cabinet’s grandstanding, linking the normalisation of ties with India to Jammu and Kashmir.

    3 takeaways from the decision

    1) Immediate economic needs

    • Pakistan’s decision was to import only three items from India, namely cotton, yarn and sugar.
    • It was based on Pakistan’s immediate economic needs and not designed as a political confidence-building measure to normalise relations with India.
    • For the textile and sugar industries in Pakistan, importing from India is imperative, practical and is the most economic.
    • This is because cotton and sugarcane production declined there by 6.9% and 0.4%, respectively.
    •  By early 2019, the sugar prices started increasing, and in 2020, there was a crisis due to shortage and cost.
    • Importing sugar from India would be cheaper for the consumer market in Pakistan.

    2) Politics first

    • The second takeaway is the supremacy of politics over trade and economy, even if the latter is beneficial to the importing country.
    • The interests of its own business community and its export potential have become secondary.
    • However, Pakistan need not be singled out; this is a curse in South Asia, where politics play supreme over trade and economy.
    • The meagre percentage of intra-South Asian Association for Regional Cooperation (SAARC) trade and the failure of SAARC engaging in bilateral or regional trade would underline the above.

    3) Emphasis on Jammu and Kashmir issue

    • The third takeaway is the emphasis on Jammu and Kashmir by Pakistan to make any meaningful start in bilateral relations.
    • This goes against what it has been telling the rest of the world that India should begin a dialogue with Pakistan.
    • There were also reports that Pakistan agreeing to re-establish the ceasefire along the Line of Control (LoC) was a part of this new strategy.

    Consider the question: “Trade is unlikely to triumph over politics in South Asia; especially in India-Pakistan relations. This is a curse in South Asia, where politics play supreme over trade and economy.” Critically Examine.

    Conclusion

    Pakistan has been saying that the onus is on India to normalise the process. Perhaps, it is India’s turn to tell Islamabad that it is willing, but without any preconditions, and start with trade.

  • Foreign Policy Watch: India – EU

    Why the Indo-Pacific has assumed significance for Europe after the pandemic

    Note4Students

    From UPSC perspective, the following things are important:

    Prelims level: RCEP

    Mains level: Paper 2- Asia-EU engagement

    The article highlights Asia’s growing significance in the wake of the pandemic. This is underscored by Europe’s meaningful engagement with Asia which is based on an understanding of the region’s geopolitical and economic significance.

    Asia’s rise

    • The pandemic has upended many certainties. But it has reinforced one major trend in global politics: The rise of Asia.
    • The region’s rise has created three Asias.
    • First, there is the familiar Asia of businessopen, dynamic, interconnected.
    • Second, an Asia of geopolitics, with ever-starker nationalisms, territorial conflicts, arms races and Sino-American rivalry.
    • Lastly, we have an Asia of global challenges.
    • These three Asias are also marked by 3 dynamics:
    • 1) Geopolitical rivalries that threaten free trade.
    • 2) The fight against the pandemic is mutating into a systemic competition between democracy and authoritarianism.
    • 3) And frenzied economic growth is fuelling climate change.

    European strategy for Indo-Pacific

    • Germany together with France and the Netherlands, have commenced work on a European strategy for the Indo-Pacific.
    • The strategy seeks cooperation with all countries of the region: For open economies and free trade; for the fight against pandemics and climate change; and for an inclusive, rules-based order.
    • Such a European strategy for the Indo-Pacific must take all three Asias into account.
    • Europe is a key trading, technology and investment partner for many countries of the region.
    •  The EU recently concluded groundbreaking free trade agreements with Japan, Singapore and Vietnam that set environmental and social standards.
    • In late 2020, the countries of East and Southeast Asia signed Regional Comprehensive Economic Partnership, encompassing one-third of the global economy.
    • It is time for the EU to swiftly conclude the ongoing negotiations on trade agreements with Australia and New Zealand – and to move forward with negotiations with Indonesia and India.

    Reducing dependencies

    • Following the above policies, Europe will also reduce dependency and following the principle of diversification.
    • Together with its Indo-Pacific partners, Europe can set standards for new technologies, human-centred digitisation and sustainable connectivity. 
    • In this endeavour, Europe can draw on its innovative and economic strength as well as its regulatory power.
    • At the EU-India Summit in May, the launch of a connectivity partnership with India will further connect India’s and Europe’s digital economies.

    Rising tensions and rules-based Indo-Pacific

    • Meanwhile, tensions are rising in the Asia of geopolitics.
    • New cold wars or even hot conflicts in the Indo-Pacific would be an economic and political nightmare.
    • Europe must, therefore, take a firmer stand against polarisation and more strongly advocate an inclusive, rules-based Indo-Pacific.
    • The strategic partnership concluded between the EU and the Association of Southeast Asian Nations (ASEAN) last December connects us with like-minded middle powers.

    Asia of geopolitical challenges

    • Containing geopolitical rivalries in Asia is also a precondition for shaping the future with the Asia of global challenges.
    •  As the biggest emitters of CO2, the US, China, India and the EU will only win the fight against climate change together.
    • The Leaders Summit on Climate that will be hosted by the US next week sets the stage for cooperation.
    • Europe and the countries of the Indo-Pacific need each other also in the fight against the virus.
    • The EU is by far the biggest supporter of the international vaccine platform COVAX, and India as a leading producer of vaccines is the most important COVAX supplier.
    • We will all benefit from this as, without the worldwide vaccination rollout, mutations will keep on setting us back in the fight against the pandemic.
    • Europe will continue to stand up for human rights and democracy in the Indo-Pacific.
    • This was demonstrated with sanctions against those responsible for human rights violations in Xinjiang — and also against Myanmar’s generals.

    Conclusion

    Europe is ready for a new partnership — a partnership founded on seeking dialogue with the open Asia of business, taming geopolitical rivalry in Asia together and coming up with responses to the world of tomorrow with the Asia of global challenges. This must be the objective of European policy — for and with the Indo-Pacific

  • Foreign Policy Watch: India-United States

    7th Fleet’s patrol in India’s EEZ was an act of impropriety

    Note4Students

    From UPSC perspective, the following things are important:

    Prelims level: Maritime zones under UNCLOS

    Mains level: Paper 2- Issues with UNCLOS 1982

    The explains the implications of a recent incident in which the US 7th fleet asserted navigation freedom and rights inside India’s Exclusive Economic Zone.

    Freedom of navigation operation in India’s EEZ

    • The US 7th fleet recently declared that on 7th April, 2021 USS John Paul Jones asserted navigational rights and freedom inside India’s EEZ, without requesting India’s prior consent.
    • The statement also said that  “India requires prior consent for military exercises or manoeuvres in its EEZ, a claim inconsistent with international law.

    Which international law the statement referred to

    • The “international law” being cited by Commander 7th Fleet is a UN Convention which resulted from the third UN Conference on Law of the Seas (UNCLOS 1982).
    • India has ratified the Convention, which came into force in 1994.
    • However, amongst the 168 nations who have either acceded to or ratified UNCLOS 1982, the US is conspicuous by its absence.

    Background of the UNCLOS

    • In 1945, the US unilaterally declared its jurisdiction over all natural resources on that nation’s continental shelf. 
    • Taking cue from the US, some states extended their sovereign rights to 200 miles, while others declared territorial limits as they pleased.
    • To bring order to a confusing situation, conferences for codifying laws of the seas were convened by the UN.
    • After negotiations, an agreement was obtained on a set of laws that formalised the following maritime zones:
    • (a) A 12-mile limit on territorial sea;
    • (b) A 24-mile contiguous zone.
    • (c) Amnewly conceived “exclusive economic zone” (EEZ) extending up to 200 miles within which the state would have sole rights over natural resources.
    • The EEZ was said to be unique in that it was neither high seas nor territorial waters.

    Issues with the UNCLOS 1982

    • The signatories UNCLOS 1982 have chosen to remain silent on controversial issues with military or security implications and mandated no process for resolution of ambiguities.
    • Resort to the International Tribunal for the Law of the Sea or a Court of Arbitration are amongst the options available.
    • However, many states have expressed a preference for “negotiating in good faith”.
    • The time has, perhaps, come for signatories of UNCLOS 1982 to convene another conference to review laws and resolve issues of contention.

    Why US refused to ratify UNCLOS

    • It was accepted that the seabed beyond the limits of national jurisdiction was not subject to national sovereignty but would be “the common heritage of mankind” .
    • This seems to have been at the root of the US opposition to UNCLOS.
    • It was felt in the US that this concept favoured the under-developed countries thereby denying America the fruits of its technological superiority.
    • The US Senate, therefore, refused to ratify UNCLOS.
    • Amongst the areas of major contention or sharp divergence in the interpretation of rules are:
    • 1) Applicability of the EEZ concept to rocks and islets.
    • 2) The right of innocent passage for foreign warships through territorial seas.
    • 3) Conduct of naval activities in the EEZ and the pursuit of marine scientific research in territorial waters and EEZ.

    Containing China

    • China has insulated itself against US intervention, through the progressive development of its “anti-access, area-denial” or A2AD capability.
    • China has accelerated its campaign to achieve control of the South China Sea (SCS).
    • In 2013, China commenced on an intense campaign to build artificial islands in the SCS on top of reefs in the Spratly and Paracel groups.
    • In 2016, China disdainfully rejected the verdict of the UN Court of Arbitration in its dispute with the Philippines.
    • So far, none of the US initiatives including Obama’s abortive US Pivot/Re-balance to Asia, Trump’s Indo-Pacific Strategy and Asia Reassurance Initiative Act, seem to have had the slightest impact on China’s aggressive intent
    • Therefore, it seems pointless for the US Navy to frighten the Maldives or friendly India and it needs to focus on China instead.

    Consider the question “What are the different types of maritime zones under the United Nations Convention for the Law of the Sea 1982? What are the flaws in the convention?

    Conclusion

    In this fraught environment, the ever-expanding, worldwide FONOP campaign needs a careful reappraisal by US policy-makers for effectiveness — lest it alienates friends instead of deterring adversaries.

  • Rohingya Conflict

    India’s refugee Policy & Issues with it

    Note4Students

    From UPSC perspective, the following things are important:

    Prelims level: 1951 Refugee Convention

    Mains level: Paper 2- Need for refugee protection policy framework in India

    The article highlights the issue of the lack of refugee protection framework in India and suggests enacting domestic law to deal with the issue. 

    India’s record on refugee protection

    • India, for the most part, has had a stellar record on the issue of refugee protection.
    • But this moral tradition has come under great stress of late.
    • New Delhi has been one of the largest recipients of refugees in the world in spite of not being a party to the 1951 Refugee Convention and its 1967 Protocol.

    Confusion in policies for immigrants and refugees

    • Much of the debate in India is about illegal immigrants, not refugees, the two categories tend to get bunched together.
    • Our policies towards illegal immigrants and refugees is confused is because as per Indian law, both categories of people are viewed as one and the same and are covered under the Foreigners Act, 1946.
    • The act offers a simple definition of a foreigner — “foreigner” means “a person who is not a citizen of India”.
    • There are fundamental differences between illegal immigrants and refugees, but India is legally ill-equipped to deal with them separately due to a lack of legal provisions.
    • Also, India is not a party to the 1951 Refugee Convention and its 1967 Protocol, the key legal documents pertaining to refugee protection.

    How absence of policy framework creates problems

    • The absence of legal framework for refugees leads to policy ambiguity whereby India’s refugee policy is guided primarily by ad hocism and ‘political utility’.
    • At the same time, the absence of a legal framework increases the possibility of the domestic politicisation of refugee protection and complicates its geopolitical faultlines.
    • The absence of a clearly laid down refugee protection law also opens the door for geopolitical considerations while deciding to admit refugees or not.
    • For example, India’s decision in the recent case of admitting Myanmarese refugees fleeing to India was influence by the possibility of irking the Generals in Naypyitaw.
    • However, hypothetically speaking, if New Delhi had domestic legislation regarding refugees it could have tempered the expectations of the junta to return the fleeing Myanmarese.

    Why India has not signed convention and protocol on refugee protection

    • The definition of refugees in the 1951 convention only pertains to the violation of civil and political rights, but not economic rights, of individuals.
    • If the violation of economic rights were to be included in the definition of a refugee, it would clearly pose a major burden on the developed world.
    • This argument, if used in the South Asian context, could be a problematic proposition for India too.
    • India also need to argue that the North is violating the convention in both letter and spirit, and make its accession conditional on the Western States rolling back the non-entrée (no entry) regime.
    • The non-entrée regime is constituted by a range of legal and administrative measures that include visa restrictions, carrier sanctions, interdictions, third safe-country rule, restrictive interpretations of the definition of ‘refugee’, withdrawal of social welfare benefits to asylum seekers, and widespread practices of detention.”
    • In other words, India must use its exemplary, though less than perfect, history of refugee protection to begin a global conversation on the issue.

    Way forward

    • What other options do we have to respond to the refugee situation we are faced with?
    • The answer perhaps lies in a new domestic law aimed at refugees.
    • The CAA, however, is not the answer to this problem primarily because of its deeply discriminatory nature.
    • What is perhaps equally important is that such a domestic refugee law should allow for temporary shelter and work permit for refugees.
    • India must also make a distinction between temporary migrant workers, illegal immigrants and refugees and deal with each of them differently through proper legal and institutional mechanisms.

    Consider the question “What are the reasons for India’s not singing 1951 Refugee Convention? What are the options India can explore for refugee protection? 

    Conclusion

    Our traditional practice of managing these issues with ambiguity and political expediency has become deeply counterproductive: It neither protects the refugees nor helps stop illegal immigration into the country.

  • Give small savers what is due to them

    Note4Students

    From UPSC perspective, the following things are important:

    Prelims level: Not much

    Mains level: Paper 3- Issue of linking interest rate on small saving with the G-sec yields

    The article highlights the issues with linking small savings interest rates with the yield on G-sec and its resetting on a quarterly basis.

    Issue of small savings interest rate

    • For decades, small savings have constituted an important source of household savings, funded development programmes of state governments and offered a safe and secure source of income to senior citizens.
    • Recently, a notification on reducing the interest rates on small savings schemes quickly made headlines and was rescinded after 12 hours.
    • For small savers, the pandemic turned into a triple whammy: Battling job losses, higher food prices and a sharp devaluation in the value of their savings and earnings thereof. 
    • Interest on the Senior Citizens’ Saving Scheme was cut to 7.4 per cent, effective from April 2020, from 8.7 per cent before,
    • This was done despite the Gopinath Committee had recommended the rates should never be revised more than 100 basis points in a single year.

    Linking small savings rate to G-sec yields

    • The suggestion to link small savings rates to G-Sec yields was first made in 2001 by Y V Reddy, then deputy governor of RBI.
    • Reddy committee suggested small savings rates should be reset once a year, allowing for a spread of up to 50 basis points.
    • Reddy’s recommendations were reiterated by his successor Rakesh Mohan.
    • The Gopinath Committee,  set up in 2009 gave its report in June 2011 and annual revisions in small savings rates linked to G-sec yields got underway effective April 2012.
    • In 2016, however, the government decided to reset them on a quarterly basis. 

    Why link small savings rate to G-sec yields

    • Such linking is premised on the argument that the money collected through these schemes is invested in central and state government securities. 
    • While the yield on the government securities progressively declined over time, small savings rates remained downwardly rigid.
    • This resulted in an asset-liability mismatch that threatened the viability of the NSSF.
    • It is also argued that people’s dependence on small savings schemes had significantly declined since formal banking had rapidly expanded.
    • Moreover, for those who used small savings as safety nets there were other alternatives such as old-age pension and other similar schemes.

    Issues with resetting rates on quarterly basis

    • All expert committees that examined the issue had strongly argued against resetting the rates on a quarterly basis.
    • The fear was it could result in unfair rewards for small savers in the event the G-sec yields remain artificially low for a certain period of time.
    • It did happen in the pandemic year when small savings rates faced the steepest cut in five years.
    • The changed policy on small savings is also premised on the belief that markets offer fair outcomes.
    • More often than not, that is not true.
    • The experience of the past year bears it out.
    • While retail inflation spiked, the RBI used every trick in its bag to hold G-sec yields down.

    Way forward

    • The government could go back to resetting the rates annually, keeping the revision under 100 basis points and allowing small savings rates a spread of at least 50 basis points, not up to 50 basis points, over and above the G-sec yields.
    • Also, it may revisit the suggestion made by the Rakesh Mohan Committee to use a weighted average of G-sec yields over preceding two years — two-thirds weight for the later year, one-third for the earlier year.

    Consider the question “What was the rationale for linking the interest rates on small savings to yield on G-sec? What are the issues with it?

    Conclusion

    Adopting the changes suggested here may require setting aside a few thousand crores to fill the resultant gap in the NSSF. But it is worth doing.

  • Internal Security Architecture Shortcomings – Key Forces, NIA, IB, CCTNS, etc.

    Maoist Attack in Sukma

    Note4Students

    From UPSC perspective, the following things are important:

    Prelims level: Not much

    Mains level: Paper 3- Challenge of left wing extremism

    The article deals with the counterinsurgency strategies to deal with the issues of left wing extremism in India

    Threat of left-wing extremism

    • The killing of 22 security personnel by Maoists serves as a grim reminder that left-wing insurgency continues to be one of the biggest internal security threats for the country.
    • In the past few years, Maoist violence seemed to have been on a downward spiral.
    • The figures associated with the key indicators of violence like the number of incidents also support the contention that “insurgency is on the downward spiral”.
    • But the attack should thus serve as a wake-up call to those who had begun to get complacent about the Maoist threat.

    Approach in counterinsurgency strategy

    • One school believes that given the Maoist insurgency posturing itself as a “people’s war”, the mandate is for a people-centric approach of “winning hearts and minds”.
    • Others argues that an enemy-centric approach predicated on kinetic operations is best suited for the Maoist insurgency, where the fear of the population seceding from India is remote.
    • The success of the erstwhile state of Andhra Pradesh in curbing the Maoist problem is often attributed to this enemy-centric approach.
    • However, there is robust scholarly work available that shows that the Andhra government based its counterintelligence strategy on a judicious mix of the enemy-centric and population-centric approaches.
    •  Andhra Pradesh had successfully implemented short-gestation-period developmental works in the Maoist-affected rural areas.
    • Moreover, the erstwhile state is also the first state to have a comprehensive surrender-cum-rehabilitation policy.
    • After the 2014 guidelines of the central government were brought out, many states have crafted attractive surrender and rehabilitation policies.
    • Another important question is whether the government should keep the option of talking to Maoists open.
    • The willingness to talk to rebel groups seems to incentivise insurgents and may demonstrate that violence pays.
    • But bringing an end to civil war invariably involves negotiating with the enemy.

    Way forward

    • Indian counterinsurgency has to work with a dual objective of defeating the insurgents militarily and fully quell the insurgent impulses.
    • This will need institutional overhauls.
    • In the last decade or so, insurgency-affected states have started to raise special forces on the lines of Greyhounds.
    • These forces are being given rigorous training in “counter-guerrilla” tactics and jungle warfare.
    •  Besides, the jungles around the interstate borders have always been the preferred hiding spaces for the Maoists.
    •  States must do more to synergise their efforts by launching coordinated operations, thereby denying Maoists any space for manoeuvrability.
    • These efforts need to be supplemented by well-crafted development schemes.
    • It is also important to segregate the population from the insurgents both operationally and ideologically.
    • The conflict over the distribution of resources can be mended with economic development.
    • But the bigger challenge would be to create a system where the tribal population feels that the government is representative, not repressive.
    • Opening negotiation channels and policies like surrender and rehabilitation can give such a representative sense to the rebels.

    Consider the question “Discuss the causes of left wing extremism in India. Suggest the way forward to deal with the issue.”

    Conclusion

    The government needs to follow these policies to end the challenge of left wing extremism from India.

  • Alternative Dispute Resolution Mechanism – NCA, Lok Adalats, etc.

    Lok Adalats

    Note4Students

    From UPSC perspective, the following things are important:

    Prelims level: Lok Adalat and their role

    Mains level: Paper 2- Importance of Lok Adalats and concerns over speed undermining idea of justice

    The article highlights the important role played by the Lok Adalats in dispute resolution and raises concerns over underminig of justice for the sake of speedy disposal.

    Background of Lok Adalat

    • The Constitution (42nd Amendment) Act, 1976, inserted Article 39A to ensure “equal justice and free legal aid”.
    • To this end, the Legal Services Authorities Act, 1987, was enacted by Parliament and it came into force in 1995.
    • The Act seeks “to provide free and competent legal services to weaker sections of the society” and to “organise Lok Adalats to secure that the operation of the legal system promotes justice on a basis of equal opportunity”.
    • As an alternative dispute resolution tool, Lok Adalats are regularly organised to help parties reach a compromise.
    • Motor-accident claims, disputes related to public-utility services, cases related to dishonour of cheques, and land, labour and matrimonial disputes (except divorce) are usually taken up by Lok Adalats.

    Significance of Lok Adalats

    • As per the National Judicial Data Grid, 16.9% of all cases in district and taluka courts are three to five years old.
    • For High Courts, 20.4% of all cases are five to 10 years old, and over 17% are 10-20 years old.
    • Furthermore, over 66,000 cases are pending before the Supreme Court, over 57 lakh cases before various HCs, and over 3 crore cases are pending before various district and subordinate courts.
    • Moreover, Lok Adalats are economically affordable, as there are no court fees for placing matters before the Lok Adalat; finality of awards, as no further appeal is allowed.
    • As a result, litigants are forced to approach Lok Adalats mainly because it is a party-driven process, allowing them to reach an amicable settlement.

    Why Lok Adalats are fast

    • When compared to litigation, and even other dispute resolution devices, such as arbitration and mediation, Lok Adalats offer parties speed of settlement.
    • Cases are disposed of in a single day.
    • The speed is due to procedural flexibility, as there is no strict application of procedural laws such as the Code of Civil Procedure, 1908, and the Indian Evidence Act, 1872.
    • More importantly, the award issued by a Lok Adalat, after the filing of a joint compromise petition, has the status of a civil court decree.

    Some figures about cases disposed

    • In 2015 and 2016, ten National Lok Adalats (NLAs) were held each year that disposed of 1,83,09,401 and 1,04,98,453 cases respectively.
    • In 2017 and 2018, the number of NLAs dropped to five, with 54,05,867 and 58,79,691 cases settled respectively.
    • In 2019, four NLAs were organised, and they disposed of 52,93,273 cases.
    • In 2015, the average number of cases settled per NLA was 18,30,940, which came down to 10,81,174 in 2017, but rose to 11,75,939 in 2018, and 13,23,319 cases in 2019.
    • This throws up questions about the efficiency of NLAs.
    • The data show that the average number of cases disposed of per NLA since 2017 has gone up even when the number of NLAs organised each year has reduced.
    • This proves that on average, the system is certainly efficient.

    Concerns

    • The Supreme Court, in State of Punjab vs Jalour Singh (2008), held that a Lok Adalat is purely conciliatory and it has no adjudicatory or judicial function.
    • As compromise is its central idea, there is a concern that in the endeavour for speedy disposal of cases, it undermines the idea of justice.
    •  In a majority of cases, litigants are pitted against entities with deep pockets, such as insurance companies, banks, electricity boards, among others.
    •  In many cases, compromises are imposed on the poor who often have no choice but to accept them.
    • Similarly, poor women under the so-called ‘harmony ideology’ of the state are virtually dictated by family courts to compromise matrimonial disputes under a romanticised view of marriage.
    •  Even a disaster like the Bhopal gas tragedy was coercively settled for a paltry sum, with real justice still eluding thousands of victims.

    Consider the question “Examine the significance of Lok Adalats as an alternative dispute resolution tool. What are the concerns with speedy disposal of cases by Lok Adalats?”

    Conclusion

    A just outcome of a legal process is far more important than expeditious disposal, so what we need is concrete and innovative steps in improving the quality of justice rendered by National Lok Adalats.