JUNE 2018 EDITION€¦ · BrainyIAS (84594-00000) GEOGRAPHY, ENVIRONMENT AND ECOLOGY Water...

IASBUZZ JUNE 2018 EDITION

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Contents GEOGRAPHY, ENVIRONMENT AND ECOLOGY ............................................................................................................... 4

Water Management Reforms .................................................................................................................................... 4

Effect Of Global Warming On Agriculture ................................................................................................................. 5

India’s Natural Capital/Green GDP ............................................................................................................................ 5

NASA Satellite Observations Its Report On Freshwater And India ............................................................................ 7

POLITY AND GOVERNANCE ............................................................................................................................................ 8

IFPRI study on Child Stunting in India ........................................................................................................................ 8

Unsound Recruitment of civil servants ...................................................................................................................... 9

The Lancet’s Global Burden of Disease Study.......................................................................................................... 10

EU’s GDPR ................................................................................................................................................................ 11

Discredited office of Karnataka Governor ............................................................................................................... 13

Natural Guardian- what & why ................................................................................................................................ 14

Decline of Participative Democracy ......................................................................................................................... 15

Karnataka Elections & The Role Of A Governor After The Polls .............................................................................. 16

Meghalaya’s Social Audit ......................................................................................................................................... 17

15th

Finance Commission (FC) & Terms of Reference (ToR) .................................................................................... 18

The S.R. Bommai Vs Union Of India Case ................................................................................................................ 20

Women In The Renewable Energy Sector ............................................................................................................... 21

Simultaneous Elections ............................................................................................................................................ 22

Decentralized Governance & Local Democracy ....................................................................................................... 24

SOCIAL AUDIT .......................................................................................................................................................... 26

ACTS AND BILLS ........................................................................................................................................................... 29

Citizenship Amendment Bill, 2016 & Assam ............................................................................................................ 29

Rail Accidents & The Need For Amendments In Railways Act ................................................................................. 30

SCHEMES AND POLICIES OF GOVERNMENT ................................................................................................................ 32

National Policy On Biofuels - 2018........................................................................................................................... 32

Ayushman Bharat Scheme- Issues and Objectives .................................................................................................. 33

The Draft Scheme on Cauvery Water ...................................................................................................................... 34

Green Revolution- Krishonnati Yojana .................................................................................................................... 35

ECONOMY .................................................................................................................................................................... 37

New Amendments In Insolvency And Bankruptcy Code ......................................................................................... 37

The RERA Report Card ............................................................................................................................................. 38

Employment in India ................................................................................................................................................ 39

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Crude Oil Price Rise – How And Why ....................................................................................................................... 40

RBI and Virtual Currencies ....................................................................................................................................... 41

SCIENCE AND TECHNOLOGY ........................................................................................................................................ 43

Premature Deaths And Air Pollution ....................................................................................................................... 43

Nipah Virus- What, Why, & How ............................................................................................................................. 44

WHO Report on Hepatitis virus and India ................................................................................................................ 45

DNA Profiling And Associated Concerns .................................................................................................................. 46

Biological Disasters .................................................................................................................................................. 47

SECURITY...................................................................................................................................................................... 49

Bastariya Battallion .................................................................................................................................................. 49

INTERNATIONAL AFFAIRS AND GLOBAL ISSUES .......................................................................................................... 51

India Vs Pakistan: The Power of Deterrence ........................................................................................................... 51

New realities of Indo-Russia relations ..................................................................................................................... 51

Indo- Australian Relationship .................................................................................................................................. 52

Regional Connectivity Developments In Asia & Their Significance.......................................................................... 54

Women Migration- The New Trend ......................................................................................................................... 55

Israel-Gaza strip and US ........................................................................................................................................... 57

Iraqi Election and its outcome ................................................................................................................................. 58

GDPR- What and How .............................................................................................................................................. 60

Rising Oil Prices and associated concerns ............................................................................................................... 61

SINO- JAPAN Relationship- Past and Present .......................................................................................................... 62

Korean War of 1953 & India’s Role .......................................................................................................................... 63

India and Pokhran- II ................................................................................................................................................ 64

India’s Equation with China, Nepal & Pakistan ........................................................................................................ 65

Nepal tops in India’s ‘Neighborhood First’ policy .................................................................................................... 67

US-Europe & the Iran Nuclear Deal ......................................................................................................................... 68

Iranian Deal, US pull out & its implications for India ............................................................................................... 69

CAATS –What & Why ............................................................................................................................................... 70

Hague Convention: Inter-Country Child Abduction ................................................................................................. 71

North Korea, South Korea and the Korean War ...................................................................................................... 72

ETHICS .......................................................................................................................................................................... 75

Justice and Redemption .......................................................................................................................................... 75

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GEOGRAPHY, ENVIRONMENT AND ECOLOGY

Water Management Reforms

Relevancy GS Mains Paper- 1,2 (Geography, Governance)

Why in news? On the cusp of the southwest monsoon, several arid States are hoping to revive their rivers and

reservoirs with bountiful rain. One of them is Gujarat, which is roiled by the long-tail effect of a deficit monsoon between August

and November last year. The State government has embarked on a labor-intensive programme to desilt rivers and water

bodies ahead of the rains. What does this reflect?

Its predicament reflects the larger reality of drought in India, aggravated by heat waves and significant rain deficits in different regions.

This year’s fall in reservoir storage levels to below-average levels has affected farmers who depend on the Sardar Sarovar dam, and 27 other reservoirs including those in Madhya Pradesh.

What is the stand of other political parties?

A reinvigorated Congress in the opposition has turned the heat on the BJP government in Gujarat, which is hard put to defend itself against the charge that dam waters were depleted merely to fill the Sabarmati River for a visit by Prime Minister Narendra Modi in December, when he undertook a seaplane journey on the river.

Its response has been to roll out a campaign to deepen water bodies on the one hand, and arrange religious events to propitiate the gods on the other.

But it has had to prioritize drinking water needs over farming, and suspend irrigation supply from the dam on March 15.

This year, Delhi has been at loggerheads with Haryana over reduction of water released in the Yamuna, highlighting growing stresses over a vital resource.

What is the way forward?

Urgent water management reforms must be undertaken to help citizens and avoid losses to the economy.

In a normal year, the pre-monsoon phase from March 1 brings some respite and India gets about 130 mm of precipitation before the rainy season begins.

This year began with a sharp 50% deficit, but touched near-normal levels, though not in the north western region.

The monsoon itself is highly variable.

This underscores the need for comprehensive reforms at the level of States, with the Centre helping to conserve hydrological resources.

If Gujarat improves rural water storage structures and creates many small wetlands beyond the compulsions of politics, it can ensure long-term prosperity for thousands of villages in Saurashtra, Kutch and the northern region where pumps run dry with unfailing regularity.

Farmers will get relief from the monsoon vagaries that affect the Narmada, whose waters are apportioned among four States.

There is also the challenge of reducing demand for farming, given that the Mihir Shah Committee estimated public irrigation efficiency to be a low 35%.

Farmers need to be helped with the latest technologies to cut water use. The State government is thinking of going in for desalination.

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Decentralised water storage too will help cities like Ahmedabad, Rajkot, Surat and Vadodara when water supply from large dams and other sources dwindles.

If climate change is going to influence monsoon vigour and availability in coming years, the time to take action is now.

Effect Of Global Warming On Agriculture

Relevancy GS Paper-1, 3 (Geography, Environment)

Why in news?

As carbon dioxide rises due to the burning of fossil fuels, rice will lose some of its protein and vitamin

content, putting millions of people at risk of malnutrition, scientists have warned.

What are the consequences of rising carbon dioxide?

Global warming, climate change and particularly greenhouse gases — carbon dioxide — can have an

impact on the nutrient content of plants we eat.

This can have devastating effects on the rice-consuming countries where about 70% of the calories

and most of the nutrients come from rice.

Protein and vitamin deficiencies can lead to growth-stunting, birth defects, diarrhoea, infections and

early death.

Researchers found that iron, zinc, protein, and vitamins B1, B2, B5, and B9 — which help the body

convert food to energy — were all reduced in the rice grown under higher CO2 conditions.

Vitamin B1 (thiamine) levels were also found decreased by 17.1%; average Vitamin B2 by 16.6%.

Which are countries that will be most affected by this?

The change could be particularly dire in Southeast Asia where rice is a major part of the daily diet.

This can have devastating effects on the rice-consuming countries where about 70% of the calories

and most of the nutrients come from rice.

Countries at most risk include Myanmar, Laos and Cambodia. that consume the most rice and have

the lowest gross domestic product (GDP).

Where and how was the study conducted?

The findings were based on field studies in Japan and China, simulating the amount of CO2 expected

in the atmosphere by the second half of this century 568 to 590 parts per million.

Current levels are just over 400 ppm.

For the experiments, 18 different strains of rice were planted in open fields, surrounded in certain

areas by 56-foot wide octagons of plastic piping that released extra CO2.

India’s Natural Capital/Green GDP

Relevancy GS Paper-3 Environment and Biodiversity

Why in news? As per World Bank Report India suffered a cost of $550 billion i.e., 8.5% of GDP due to air pollution.

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So when we crow about GDP growth, we should also consider the decline in natural capital in our national accounts.

What is the issue?

Development sans environmental preservation is a mirage.

Hence, India must calculate its “Green GDP” to factor in the value of the environment in its growth. What are the drawbacks of development?

As per the World Bank report it cost India about $550 billion which is 8.5% of its GDP, due to air pollution.

Experts have also vouched that the cost of externalities due to water pollution and land degradation were possibly far higher.

Our disregard for environment in pursuit of advancing economic development is raising the risk of desertification and land degradation significantly.

Not surprisingly, estimates are that our food production could see a loss of 10-40% if these trends continue unabated.

While natural capital like water and clean air is self regulating, it needs to be handled sustainably in order to avoid depletion.

For this, it is crucial to understand the environmental footprint of our economic activities, which also needs to be accounted in our GDP.

How can natural capital be accounted in GDP?

Natural capital can cover entire ecosystems such as fisheries and forests, besides multiple other hidden and overlooked ecological services.

Regeneration of soil, nitrogen fixation, nutrient recycling, pollination and the overall hydrological cycle are all components of natural capital.

Valuing such ecosystem services is challenging as these aspects can’t be monetised directly, but their depletion does reduces productivity.

Giving a monetary value to this depreciation to natural capital is also not exactly possible as the numbers are interpretative in nature.

To address these issues, concepts like “environmental Kuznets curve” that plots “per capita GDP” against “Sulphur dioxide concentration” in the local air have been put forward.

What are the dangers?

India routinely suffers from high levels of air pollution that impose costs on local transport, health and livability in urban and rural areas.

When economic growth leads to the destruction of forests, wetlands, mining or even urban expansion, it is typically the poorest who suffer.

Full-scale ecological collapse is already visible in the Darfur region of Sudan and countries in the Horn of Africa.

Indian people and policy makers need to act immediately and coherently to arrest such rapid socio-economic decline.

What have been done so far?

India’s current national accounts already do incorporate such environmental considerations in a limited fashion but it is not comprehensive.

In this context, it was planned in 2013 to release a comprehensive “Green GDP” estimate in 2013, and the various departments started working on it.

But lack of micro level data on natural capital formation (and destruction), proved a major constrain and the exercise never saw completion.

The 12th Five Year Plan undertook groundwater resource mapping at the national level, which was indeed a significant exercise

Similar comprehensive exercises are now essential for data on land usage, forests and mineral wealth.

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NASA Satellite Observations Its Report On Freshwater And

India

Relevancy G.S. Paper 3

Why in news? NASA satellite observations of Earth have found that there is a serious decline in the availability of

freshwater in India. What does the observation say?

NASA used data on human activities to map locations where freshwater is changing around the globe.

This is the first time that observations from multiple satellites in a thorough assessment of how freshwater availability is changing everywhere on Earth.

In some regions water supplies were found to be relatively stable, others experienced increases or decreases.

The study found that Earth’s wet land areas are getting wetter and dry areas are getting drier due to a variety of factors.

Why such decline of Freshwater?

The factors for this phenomenon comprise human water management, climate change and natural cycles.

Distinctive pattern of the wet land areas of the world getting wetter those are the high latitudes and the tropics and the dry areas in between getting dryer.

Pumping groundwater for agricultural uses is a significant contributor to freshwater depletion throughout the world.

Groundwater levels are also sensitive to cycles of persistent drought or rainy conditions. What does the study say about India?

Areas in northern and eastern India are among the hotspots where overuse of water resources has caused a serious decline in the availability of freshwater that is already causing problems.

In northern India, groundwater extraction for irrigation of crops such as wheat and rice have caused a rapid decline in available water, despite rainfall being normal throughout the period studied.

The extractions in these parts have already exceeded recharge during normal precipitation and do not bode well for the availability of groundwater during future droughts.

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POLITY AND GOVERNANCE

IFPRI study on Child Stunting in India

Relevancy: GS Replims, GS mains paper I, II Governance, health, child stunting, relation of child stunting with socio-economic status, IFPRI study

Why in news? A study by the Washington-based agri think tank International Food Policy Research Institute (IFPRI)

released recently (24th May, 2018) has argued for a change in India’s approach to its malnutrition problem — by going beyond the current focus on health and stressing district-by-district reduction of socio-economic inequality and especially, gender inequality.

Some facts:

Stunting prevalence in India is high (38.4%) and varies considerably across districts (from 12.4% to 65.1%)

239 of the 640 districts in India have stunting levels above 40% and 202 have prevalence of 30–40%

High‐stunting districts are heavily clustered in the north and centre of the country

Inter-district differences in stunting are strongly explained by a multitude of economic, health, hygiene, and demographic factors

Key findings of IFPRI study:

The study has analysed and spatially mapped data from the National Family Health Survey 4 (NFHS 2015-16) on India’s high childhood stunting prevalence of 38.4%.

It has concluded that very high-stunting districts could eliminate 71% of the gap with low-stunting districts if they are able to improve on specific issues of gender and inequality.

The 71% of the observed differences in stunting prevalence between low and high burden districts has been explained by a number of socio-economic factors such as:

o Women’s low body mass index (BMI) - 19% o Women’s education - 12% o Children's adequate diet - 9% o Assets - 7% o Open defecation - 7% o Age at marriage - 7% o Antenatal care (ANC) - 6% o Household (HH) size - 5%

These multifactorial determinants highlight the need for district-specific data for diagnostic assessments and call for a nationwide focus for stunting prevention, while addressing critical determinants district‐by‐district to reduce inequalities and prevalence of childhood stunting

Top 10 districts - lowest stunting rates Ernakulam (KL) 12.4% Pathanamthitta (KL) 13.3% Kollam (KL) 14.4% Alappuzha (KL) 14.5% Idukki (KL) 15.1% Cuttack (OR) 15.3% Hyderabad (TG) 15.7% Puri (OR) 16.1% South Garo Hills (ML) 16.8%

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Kanniyakumari (TN) 17.2% Bottom 10 districts - highest stunting rates Bahraich (UP) 65.1% Shrawasti (UP) 63.5% Balrampur (UP) 62.8% Pashchimi Singhbhum (JH) 59.4% Siddharthnagar (UP) 57.9% Sitamarhi (BR) 57.3% Gonda (UP) 56.9% Sitapur (UP) 56.4% Koppal (KA) 55.8% Yadgir (KA) 55.5% Source: IFPRI Conclusion:

The study shows that only focusing on health- and nutrition-related factors under the existing ICDS scheme isn’t enough; there is need to address gender-related inequalities at the district level so as to reduce stunting.

Factors concerning women across their life cycles, such as their education, nutrition, age at marriage, care during and after pregnancy, play a significant role, as do the overall socio-economic status of the household

The findings are significant when the union government has launched its National Nutrition Mission (POSHAN Abhiyaan) with a district-level focus to reduce stunting.

Unsound Recruitment of civil servants

Relevancy GS Mains Paper-2 and Optional Paper Governance, Public Administration Optional

Why in news?

The proposal to alter the current recruitment process of appointment of civil service officers is seen as unsound and unworkable.

What is the current pattern of recruiting civil service officers?

The Civil Service Examination for recruitments to the Indian Administrative Service (IAS), Indian Foreign Service (IFS), Indian Police Service (IPS) and about 20 other services of the government is conducted by the Union Public Service Commission (UPSC).

UPSC conducts the exam every year in two stages: a preliminary examination and then the main examination and selects the best candidates through transparent procedures, insulating recruitments from political patronage.

The successful candidates are allocated services and cadres based on their ranks in the CSE and their preferences.

These successful candidates of the IAS, IFS, IPS and Central Services Group A undergo a 15-week foundation course in the Lal Bahadur Shastri National Academy of Administration (training academy) in Mussoorie.

The course focuses on promoting inter-service camaraderie, cooperation, and capacity building of the officer-trainees.

What is the recent proposal about?

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The union government has recently mooted a radical proposal for allocating services and cadres based on the combined marks obtained in the CSE and the foundation course.

In other words, candidates who have cleared the CSE will have to wait till the foundation course is over to know which service and cadre they are likely to get.

The government has said that this is a suggestion under consideration and that no final decision has been taken yet.

There are good reasons to believe that the new proposal is legally unsound, administratively unfeasible and has not been thought through properly.

What makes the recent proposal unsound?

Articles 315 to 323 of the Constitution deal with Public Service Commission of the Union and the States.

It states that conducting examinations for appointments to the services of Union and States shall be duty of Union and State Public Service Commission respectively.

Thus the duty of conducting the CSE is vested only in the UPSC, and not with the training academy which is not a part of UPSC.

Article 316 mentionsthe Chairperson and members of the UPSC as constitutional functionaries and provides security of their tenure and unchangeable conditions of service.

Article 319 also bars them from holding further office on ceasing to be members.

These constitutional safeguards enable them to function independently without fear or favour, which are not present for the Director or members of the training academy as they are civil servants on deputation or academicians.

Therefore the Director and faculty members may not be able to withstand pressure from politicians, senior bureaucrats and others to give more marks to favoured candidates.

The training academy has facilities to handle only 400 candidates for the foundation course and if the limit exceeds, the foundation course will have to be conducted in other training academies situated in other cities.

With only about 12 faculty members in the training academy in Mussoorie, the trainer-trainee ratio for the foundation course is very high.

Hence it will be impossible to do the kind of rigorous and objective evaluation that is required under the government’s new proposal.

This rigorous evaluation of the trainees will turn out to be less rigorous and objective when the foundation course is conducted in training academies situated elsewhere.

Since the competition in the CSE is very intense, difference of a few marks can decide whether a candidate will get the IAS or the Indian Ordnance Factories Service.

Therefore, the inclusion of the highly subjective foundation course marks can play havoc with the final rankings and with the allocation of services and cadres, and ruin countless careers.

Finally, nearly 60% of the candidates qualifying for services other than IAS & IFS, do not join the foundation course and give the exam again to improve their prospects.

So, it is clearly not possible to evaluate such candidates in the foundation course as contemplated in the new proposal.

These reasons prove that the recent proposal is constitutionally unsound and also administratively unworkable.

The Lancet’s Global Burden of Disease Study

Relevancy

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GS Paper- 1 & 2 (Health, Governance)

Why in news? Recently the Global Burden of Disease study published in The Lancet ranked India a lowly 145th

among 195 countries in terms of healthcare access and quality in 2016. The study used an index based on 32 causes of death that should be preventable with effective

medical care. Each country was given a healthcare access and quality (HAQ) score between 0-100. The global average HAQ score was 54.4. Iceland and Norway topped the list with a HAQ score of 97

each. India’s HAQ score is 41.2, up from 24.7 in 1990 showing improvement.

What is new about the study?

For the first time, the study analyzed healthcare access and quality between regions of seven countries including India.

The study used an index based on 32 causes of death that should be preventable with effective medical care.

Each country was given a healthcare access and quality (HAQ) score between 0-100. How have the states performanced?

Goa and Kerala have the highest scores in 2016, both over 60, whereas Assam and Uttar Pradesh had the lowest, both below 40.

Particularly low were scores like 12 for skin cancer, 24 for neonatal deaths and adverse medical treatment, and 30 for tuberculosis and chronic kidney ailments.

Low score in TB

This is not surprising, since India accounts for nearly 30 per cent of global TB deaths.

TB being often missed by practitioners and MDR-TB is diagnosed very late. What are its inferences?

This scorecard shows that the health system is weak in our country.

While centrally funded schemes have provided health access in some areas, quality has not improved in certain states.

EU’s GDPR

Relevancy GS Paper-2 & 3 Polity, Data Protection, Right to Privacy, GDPR, India’s Data Protection Law

Why in news?

The European Union has proposed a new data protection law, which can have potential policy ramification across the world.

The law seeks to prevent the export of personal data outside EU. What is GDPR?

General Data Protection Regulation (GDPR) was recently introduced by the EU.

It is expected GDPR will harmonize data laws across EU member counties.

GDPR ensures data protection and privacy for all those living within the EU.

It also prevents the export of personal data outside its territories. GDPR deals with three primary areas:

1. Personal data collection (although what constitutes personal data remains a little ambiguous), 2. its use, and 3. Design privacy.

What are the concerns with the Personal Data Collection?

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Issue of Consent:

The law demands that clear consent is to be sought from the concerned person to use personal data after providing sufficient information on the same.

GDPR changes are expected to drastically alter the landscape for most Internet companies, which are fuelled in every sense by the data of users.

Notably, their entire business model of the internet big-wings is based on small bits of data they collect from users.

What are the possible outcomes?

A lot of data is offered voluntarily by users, but often, they are not fully aware of what data they are creating, what they are transmitting, and how it is used.

The explicit consent requirement under GDPR hence expected to reduce the volume of data transmitted.

While the overall implications are still under study, experts vouch that the effective functionality of some internet services might get affected.

GDPR is also likely to bar a lot of Internet services for those under age 16 and also curtail the unsolicited marketing emails.

What are the changes like in future due to GDPR?

While Facebook has stated that it would comply with GDPR within the stated deadline of May 25th, most other internet biggies seem under prepared.

This could result in a spate of litigations in the coming days.

The “Right of Access” clause is expected to worry companies the most, as this will make data collection extremely transparent.

The clause provides for users to demand internet companies to display all information related to them, which is in the company’s procession.

This can be followed through with requests for correction or even erasure, which might affect their business and also prove to be a compliance nightmare.

The European data protection standards might end up becoming the default for the rest of the world, even without clear enactments.

Notably, Microsoft announced that it would implement GDPR standards to all its customers worldwide, a move to get its backend infrastructure streamlined.

If more companies follow suit, it will be good for consumers in countries like India, where user data is still up for grabs for the highest bidder.

GDPR and India Why should we bother about a European data protection rule?

GDPR will replace the 1995 Data Protection Directive and is aimed at protecting the personal data of EU citizens in the new digital world.

The regulation covers all the EU member states and citizens, so all global enterprises with operations or customers in EU must comply.

Europe is a significant market for the ITeS, BPO and pharma sectors in India. What if Indian firms do not comply with GDPR?

Flouting the rules can attract a maximum fine equivalent to 4% of an organization’s global annual revenue or €20 million, whichever is higher.

What are the positives to EU GDPR with respect to India?

Indian companies are likely to face increased compliance costs on the back of GDPR or risk huge penalties if they fail to comply.

But they could see it as a business opportunity.

Moreover, following the Supreme Court’s verdict, a data protection framework has been proposed by the Srikrishna Committee in India.

How should Indian companies prepare for the EU GDPR?

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They should review their policies, procedures and existing privacy programmes;

Imparting of data privacy training to employees; and review or update contracts signed with third-party vendors, among other things.

Besides, Indian companies also need to evaluate how equipped they are to deal with the audit process, and use appropriate technology solutions to prepare for the same.

Discredited office of Karnataka Governor

Relevancy GS Paper 2

Why in news?

The role of Governor in Karnataka elections has raised question regarding the usefulness of the office of the Governor.

How Karnataka Governor discredited his office?

Karnataka Governor initially decided to invite the BJP to form the government by exercising discretion as mentioned in the constitution.

But he failed to consider the opposition parties and give them an opportunity to form government as they has absolute majority.

The Governor then granted the BJP chief 15days to prove his majority, when the chief himself asked only for a week.

This troubled the Supreme Court enough to intervene and ordered for an immediate floor test.

Finally the Governor again chose a MLA who had been criticized by the SC for partisan conduct as a Pro Term Speaker and conduct the floor test.

The origin of the office of Governor:-

The origin of the office of Governor can be traced back to the colonial British regime.

Through the early 20th century, Indian nationalist movement extracted gradual and incremental reforms towards responsible government from the British rulers.

These reforms culminated in the Government of India Act, 1935 which established provincial legislative assemblies elected from a limited franchise.

However, in order to ensure that overriding power remained with the British, the Act retained the post of Governor and vested him with “special responsibilities” that allowed for intervention at will.

After Independence, the office of Governor was deeply discussed in the Constituent Assembly Debates (CAD) as they knew the Governor would inevitably be biased in his functioning.

Still they decided to retain the post on the basis of 2 broad arguments.

Dearth of competent legislators in the States certain amount of centralization of power was necessary in a nascent stage of nation building.

And assurance that the Governor would remain only a constitutional post, and have no power to interfere in the day-to-day administration of the State.

What are the present day concerns with the office of the Governor?

The concerns inherent in the post of the Governor are amplified now due to the present political conditions.

The arguments which supported retaining the office of Governor no longer hold true.

The concern of misusing the discretionary power while forming government has time and again proven as many Governors make decisions supporting the majority party.

The constitutional mandate for the office of the Governor checks both federalism and popular democracy has not been demonstrated in these years.

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And a mere constitutional post has taken discretion in its hand and skewing the political process in direction of the majority party.


There are various short term solutions prescribed after the Karnataka elections such as resignation of the Governor, reserving the post for non-political appointees, rules to be laid by the SC, etc.

However these patchwork solutions miss the point as the flaw lies not with the identity of the individual who occupies the post, but in the design of the Constitution itself.

Government need to rethink the role of the Governor in the constitutional scheme and if found obsolete, dissolve the office of the Governor.

Natural Guardian- what & why


Why in news? Madras high court ruled an outstanding judgement on natural guardian.

What according to Judiciary is “Natural Guardian”?

The parent with custody of the child is considered the natural guardian in divorce situations.

The opposite of a natural guardian is an appointed guardian or legal guardian.

Legal guardian will be authorized by a court or a will to care for and make decisions on behalf of a minor child.

The natural or legal guardian must authorize the financial and medical decisions of the minor children who do not have legal authority to make such decisions.

In India, on the grounds of Section 6 of the Hindu Minority and Guardianship Act, 1956, the “natural guardian” was the father.

What is the case and what is the decision ruled by Madras HC?

Madras high court ruled an unusual paternity case where the petitioner was legally separated from her husband, had subsequently conceived a child through artificial insemination.

The efforts of the petitioner to get authorities to leave the father’s name blank in the child’s birth certificate were repeatedly rejected.

This was because of the bureaucratic cussedness and notions of hard-wired patriarchy in the officialdom.

Given the complexities of the case, name of a male friend of the petitioner had been erroneously entered as the child’s father.

The officials’ unwillingness to accommodate the petitioner’s repeated requests for name deletion and leaving the ‘father’s name’ column blank betrayed an excessive preoccupation with rules and regulations, unmindful of the human dimension.

Thus in this case Madras HC directed authorities to leave the father’s name column as blank by sending out signal against regressive notions centered on paternity.

What makes Madras HC’s decision significant/ landmark?

The directive of the Madras High Court in an unusual paternity case advances the progressive spirit of earlier rulings in related matters of gender justice.

The Madras High Court directive advances the spirit of other similar rulings including the famous 1999 case taken by the Supreme Court.

That case, in which author the petitioner challenged the RBI’s rejection of an application for investments in her son’s name (with her as the “natural guardian”).

In this case the petitioner argued that the provision discriminated against women in the matter of guardianship rights over their own children.

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In its ruling, the Court asserted the pre-eminence of the child’s welfare in all considerations, and held that in this instance the mother was the “natural guardian”.

Thus Madras High court’s decision have steered bureaucratic rules away from the rigidities of a patriarchal system.

Decline of Participative Democracy

Relevancy GS Paper Mains paper 2 Optionals- Public Administration, Political Science Polity and Governance: Participative Democracy, Recent Trends in Election, Reflections on Karnataka

elections

Why in news? The latest drama in Karnataka manifests well all the problems that are related with the type of

democracy we have. The role of elections in a democracy has come under scrutiny this time.

Where does the significance of Democracy lie?

The significance of democracy lies in how power is exercised by those elected to power.

The defining principle of democracy is the principle of One Person One Vote. How over emphasis on the principle of One Person One Vote has affected Democracy?

It has reduced the idea of democracy to a ritual of casting votes.

The act of participation in a democracy was conceived as a dynamic and continuous process. But in a few years it has been reduced to merely an act of voting.

The society thus formed is fundamentally undemocratic in character.

The parties which speak for democracy have little democratic ethos within them.

Political parties are dominated by families or friends or business partners.

Nepotism and exclusion are the basic working principles of our political parties.

Today, voting has become a business transaction where the voters are ‘compensated’ for their votes. What is the significance of voting?

Voting makes sure that those who have power are accountable in some way and that they exercise that power in a democratic manner.

Elections are only a means towards the goal of controlling those who wield power, but instead they have become the end in themselves.

In India, the mere exercise of voting or choosing a representative is being equated with democracy. This results in the election of people who govern undemocratically.

The Principle of trusteeship, Elections, Elected Representatives and Other Institutions:-

It was advocated by Gandhiji and industrialists like J.R.D Tata.

All of us have an equal claim to the public goods in the society we belong to.

Elections help us implement the principle of trusteeship.

Through elections we choose a person to take care of the ‘public wealth’ that belongs equally to all of us.

The elected representatives are merely trustees on our behalf and it is a primary duty of the trustee to make sure that they do not destroy what they are trustees of.

This principle of trusteeship has been completely destroyed by merely viewing democracy as an act of voting.

Good governance implies that these “trustees” take decisions and implement them so as to protect the common public goods.

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Instead of protecting the common goods, the elected representatives take our share of the public wealth for their personal gain.

Other institutions are affected due to this watered down notion of democracy:

Very few institutions inculcate democratic values in their functioning.

Private institutions have little commitment to democracy. In an overall set up where democracy is not respected, they lose their little sense of trusteeship.

Political alienation happens because people are a part of the political process only for the few minutes when they cast their votes.

Political alienation leads to cultural alienation which in turn leads to right wing movements.

In order to get rid of most of the problems plaguing India, not only choice, but even power has to be democratised.

Karnataka Elections & The Role Of A Governor After The Polls


Why in news? Karnataka assembly elections brought focus for a clearer definition regarding the role of a governor

after the polls. How things unveiled in Karnataka?

The Karnataka assembly has 225 seats out of which 224 are elected members and one is the nominated member from Anglo-Indian community by the governor of the state.

In the recent assembly elections candidates from three major political party contested in the polls and BJP secured 104, Congress 78, JD(S) 37 and others 6 seats respectively.

After the polls BJP approached the governor of the state to call their party to form the government on the basis of single largest party in the state.

At the same time the opposition parties got majority of seats by forming collation government, hence approached the governor to give a call to form the government.

But the governor ordered the BJP candidate to form the government and provided him 15days of time to prove his majority.

Against this decision the opposition parties approached the SC, in this case SC ordered for a floor test which was to be telecasted live.

In the end, the Bharatiya Janata Party’s (BJP’s) gambit to turn a hung assembly in Karnataka into victory failed.

What did the SC’s come up with?

The Supreme Court did not allow enough time for the BJP party to peel away members of the other two legislative parties, the Congress and the Janata Dal (Secular).

In any case morale in the newly created post-poll coalition seemed high.

Transcripts of phone calls released in the media exposed BJP’s move to bribe newly elected members of the Karnataka legislative assembly to stay away from their respective parties.

SC gave a strong blow to BJP’s effort to engage openly in underhand means, when the opposition appeared newly energetic.

How the powers of a Governor are misused by the political parties?

The office of the governor has been made dull by some of its occupants as the ruling parties in the centre used to freely misuse the governor’s powers.

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Depending on the outcome of state elections, various political parties have expected the governor to do different things, and call on different leaders to “prove” their mandate on the floor of the assembly.

Earlier Congress wanted the governor to call on it, as the largest-single party, in Goa and Manipur, for example.

This kind of inconsistency is not supportive of constitutional morality. What needs to be done?

Pre-poll alliances take precedence over post-poll alliances, which, in turn, supersede individual parties in terms of numbers.

The role of the governor in appointing speakers and scheduling the vote of confidence also needs to be spelled out.

If politicians do not step in and define a clear set of guidelines for the governor on the occasion of a hung assembly, then the Supreme Court will have to do so.

Proper political consensus is needed to be evolved on this matter and the Supreme Court has already addressed the subject on various occasions.

By this the faith of the electorate in the democratic process and in the power of votes would be restored.

Meghalaya’s Social Audit


Why in news? Meghalaya is the first state to launch the social audit law. The state’s experience is informative to increase awareness of entitlements.

What is Meghalaya’s social audit?

Meghalaya became the first State in the country to pass social audit legislation on April 2017, the Meghalaya Community Participation and Public Services Social Audit Act.

The Act mandated social audits across 21 schemes and 11 departments.

Meghalaya audits had been built on traditional tribal institutions, leveraging their inherent strengths and facilitating their engagement with contemporary democratic practices.

How did the social audit programme fair in Meghalaya?

The Meghalaya exercise demonstrated how social audits can be developed as an ongoing process through which citizens participate in the planning, implementation and monitoring of the programme.

The audits were deliberately positioned to be a platform for 1. Sharing information about schemes. 2. Enhancing awareness amongst people about their entitlements. 3. Detecting beneficiaries who were eligible

4. Recording people’s testimonies and registering of grievances

5. Identifying priorities for inputs for planning.

The Meghalaya pilots have also helped formulate a practical framework through which that can be done. Draft rules were prepared on the basis of consultation.

Thus Social audits have helped to identify and bring evidence-based policy changes. What can be learnt from Meghalaya’s model?

In India there is a growing acknowledgement of social audits as a credible means of institutionalizing citizen oversight.

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There is therefore an urgent need to come up with a working protocol for facilitating social audits across a range of interventions.

The experience of Meghalaya has taught how social audit is intrinsically related to processes of community participation and grievance redress.

Thus Social audit is a tool of “good governance” and it is likely to spread or become robust with the participation of citizens groups.

15th Finance Commission (FC) & Terms of Reference (ToR)


Whi in news? The union government constituted the 15th Finance Commission (FC) to take reviews of the financial

distribution between states and the centre. As the terms of reference given to the FC have already created a controversy, it will have to take a

prudent call on the degree of equalization that’s feasible. What are the Terms of Reference (ToR) given to the 15th FC?

Finance Commission is constituted by the president every 5 years (or earlier) to take stock of distribution of proceeds from the central tax pool to states.

The commission studies the fiscal situation of governments and makes its recommendations, which are only advisory in nature.

ToR is a list of issues highlighted by the union government for the FC to consider on a priority basis in its brainstorming exercise.

The major aspects of the ToR given to the 15th finance commission are:- 1. The mandate for using the 2011 population 2. The possible elimination of “Revenue Deficit Grants” 3. Impact of the GST on the finances of the Centre and States 4. Conditionality needed on State borrowing 5. Providing performance incentives to states on certain indicators 6. Going back to 32% formula from the current 42% devolution to states

Why the proposal to update to 2011 census data is worrying some states?

Distribution of tax proceeds to states is decided based on multiple factors and population of the state is one major factor.

In order to promote family planning programs, it was decided in the 1970s to freeze the 1971 census as the bench mark for future the reference of FCs.

Notably, this was done to eliminate the benefit of an expanding population to reflect upon the financial proceeds a state receives from the centre.

Over the years population control mechanisms haven’t been uniform throughout the country with some states doing much better than the rest.

As southern states performed particularly well in population control, they now content that a shift to the 1971 census would affect their finances.

Contrarily, some argue that we need to move to current figures instead of making our policies based on 50 year old archaic date (1971 census).

Notably, major federations like Australia and Canada almost always use the latest information available for devolving funds to its provinces.

“Fiscal Capacity Distance” (FCD) is the “difference of a state’s per capita income from that of the state with the highest per capita income”.

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FCD is another criterion for distributing proceeds, and here too, for calculating the per capita income, the 1971 census is used.

What are the other criterion in devolution of funds?

Losses or gains for states depend on the relative weights attached to different criteria, and changes in other information including per capital GSDP.

As some states have raided concerns, there is now a case to have a relook and lower the weights attached to the population and fiscal-distance criteria.

Notably, weight attached to the population has varied from 25% to 10% and that attached to the distance from 62.5% to 50% from the 10th to the 14th FCs.

Grants - Revenue Deficit Grants are given to states that weren’t able to meet their fiscal deficit targets and have strained balance sheets.

This has been under criticism for adversely affecting budgetary prudence as it provides leeway for incentivising states to spend recklessly.

The government has hence rightly asked for considering its abolition, but this won’t have any impact on the other grants for serving better purposes.

Notably, Article 275(1) urges the Finance Commission to determine the principles that govern the grants-in-aid to be provided by centre to the states.

Equalisation - Most federations follow an equalisation approach to determine fiscal transfers, for ensuring better support for poorer regions.

Such an approach is key to ensure that all states are financially capable of providing services at comparable standards.

Hence, if richer states are losing out a little, it’s because they can sustain the same national standard with lesser share from the central pool.

What about the poorer mineral rich states?

Mineral rich States like “Jharkhand, Odisha, Chhattisgarh, Madhya Pradesh and Assam” are an interesting grouping.

These States carry a significant pollution load on behalf of the nation.

These states had the potential to become industrialised early on by virtue of their proximity to resources.

But they lost out due to the central government’s policy of freight equalisation whereby the transport of coal was subsidised.

Notably, freight equalisation was what led to many thermal power plants being set up in the southern States, which powered their industrial growth.

Hence, these regions do possess a legitimate right to access more funds from the central pool in order to overcome its backwardness.

What are the some technical concerns associated with ToRs given to the 15th FC?

The Finance Commission should remain policy neutral as it has to come out with recommendations that accommodate conflicting claims.

Hence, it is not the appropriate platform for promoting Central policy priorities – but some ToRs given to the 15th FC contravene this principle.

ToR’s points involving - Centre’s flagship schemes, ‘populist policies’ of States, and conditionality on State borrowing could’ve been avoided.

In any case, too long a list of ToRs, like the one given to the 15th FC, should’ve been avoided, as FCs deserves considerable independence in their approach.

What are the other aspects that need to be reviewed?

The contribution of proceeds from a particular state to the central tax kitty needs to be accounted for in devolving funds.

Demographic aspects like aging populations in states like Kerala and Tamil Nadu need to taken into account as this could mean more health costs.

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Environmentally affected mineral belt and geographically constrained states (ex: hilly and forested states) also need special consideration in allocations.

The S.R. Bommai Vs Union Of India Case


Who was S.R. Bommai?

S.R. Bommai was the Chief Minister of the Janata Dal government in Karnataka between August 13, 1988 and April 21, 1989.

His government was dismissed on April 21, 1989 under Article 356 of the Constitution and President’s Rule was imposed, in what was then a mostly common mode to keep Opposition parties at bay.

The dismissal was on grounds that the Bommai government had lost majority following large-scale defections engineered by several party leaders of the day.

Then Governor P. Venkatasubbaiah refused to give Bommai an opportunity to test his majority in the Assembly despite the latter presenting him with a copy of the resolution passed by the Janata Dal Legislature Party.

What happened then?

Bommai went to court against the Governor’s decision to recommend President’s Rule. First he moved the Karnataka High Court, which dismissed his writ petition.

Then he moved the Supreme Court. What did the Supreme Court do?

The case, which would go on to become one of the most cited whenever hung Assemblies were returned, and parties scrambled to for a government, took almost five years to see a logical conclusion.

On March 11, 1994, a nine-judge Constitution Bench of the Supreme Court issued the historic order, which in a way put an end to the arbitrary dismissal of State governments under Article 356 by spelling out restrictions.

What did the judgement say?

The verdict concluded that the power of the President to dismiss a State government is not absolute. The verdict said the President should exercise the power only after his proclamation (imposing his/her rule) is approved by both Houses of Parliament.

Till then, the Court said, the President can only suspend the Legislative Assembly by suspending the provisions of Constitution relating to the Legislative Assembly.

"The dissolution of Legislative Assembly is not a matter of course. It should be resorted to only where it is found necessary for achieving the purposes of the Proclamation," the Court said.

What happens if the Presidential proclamation is not approved by the Parliament?

"In case both Houses of Parliament disapprove or do not approve the Proclamation, the Proclamation lapses at the end of the two-month period.

In such a case, the government which was dismissed revives. The Legislative Assembly,which may have been kept in suspended animation gets reactivated," the Court said.

Also the Court made it amply clear that a Presidential Proclamation under Article 356 is is subject to judicial review.

What is the significance of the S.R. Bommai vs Union of India case?

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The case put an end to the arbitrary dismissal of State governments by a hostile Central government. And the verdict also categorically ruled that the floor of the Assembly is the only forum that should test the majority of the government of the day, and not the subjective opinion of the Governor, who is often referred to as the agent of the Central government.

"The Chief Minister of every State who has to discharge his constitutional functions will be in perpetual fear of the axe of Proclamation falling on him because he will not be sure whether he will remain in power or not and consequently he has to stand up every time from his seat without properly discharging his constitutional obligations and achieving the desired target in the interest of the State," the Court said.

When was the verdict’s impact was first seen?

In one of the first instances of the impact of the case, the A.B. Vajpayee government in 1999 was forced reinstate a government it dismissed.

The Rabri Devi government, which was sacked on February 12, 1999 was reinstated on March 8, 1999 when it became clear that the Central government would suffer a defeat in the Rajya Sabha over the issue.

And later whenever the case of a hung Assembly, and the subsequent exercise of government formation, came up, the Bommai case would be cited, making it one of the most quoted verdicts in the country's political history.

Women In The Renewable Energy Sector

Relevancy G.S. Paper 2,3

Why in news? A study by the McKinsey Global Institute had stated that India can increase its GDP by up to 60% by

2025 by enabling more women to participate in its workforce. What is the issue?

Government has committed to installing 175 GW of renewable energy by 2022.

This provides an immense opportunity for employing women and reducing poverty in rural areas. What is the present state of women workforce in India?

More than 270 million Indians live in poverty (World Bank Report) and India also ranks very poorly on female labour force participation.

Constraints - Some estimates hold that India can increase its GDP by up to 60% by 2025 by enabling more women to participate in its workforce.

But social and cultural constraints can prevent this from becoming a reality.

Many women who work outside home still have primary household and parenting responsibilities that need to be balanced with their work life.

Opportunity - The government has committed to installing 175 GW of Renewable Energy (RE) by 2022.

This provides an immense opportunity for women and the rural poor.

Notably, as many as 3.3 lakh jobs are expected to be created in the wind and solar energy sectors alone.

What is the status in the Renewable sector?

India’s RE industry presently has low participation of women, and even the few women engaged are mostly daily wage labourers.

Moreover, the working conditions on many sites are not always suitable for women as they are devoid of safety and support systems.

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In the current situation, jobs requiring some skilling are completely closed for women as formal education and training largely continues to elude them.

One has to pass 12th grade to get into technical training institutions and these institutions are largely concentrated in urban and semi-urban centres.

These are significant entry barriers for rural women workforce participation, and this hurdle only enhances with the burden of household responsibilities.

Consequently, there are very few women in production, facilities, and operations and maintenance roles in the RE sector.

What makes Renewable Energy sector significant for women empowerment?

A recent study has stated that some tweaks in the system might enable the RE sector to impact poverty by opening up opportunities for the poor.

Particularly with the growth of the decentralised RE and off-grid energy sector, there is significant potential to include local women in the workforce.

Hence, the government, enterprises, training institutes and civil society should work together to tap the potential of rural women for RE projects.

Importantly, for such interventions to be successful, it needs to be designed with women at the centre and not as an afterthought.

What are the specifics needed?

Training institutes could reduce the bar on entry, allowing for less formally educated women to learn new skills and receive training.

Training should be customised to respect specific needs like location, hours of engagement, safety, sanitation and women specific needs.

Mobile training modules that can cater to small groups of women in remote areas can be developed.

Training institutes and civil society organisations should collaborate with enterprises to help trained women secure employment.

Such efforts will enable India’s transition to clean energy to also brighten the prospect of empowering our women and addressing poverty.

Simultaneous Elections


Why in news? The idea of holding elections simultaneously to Lok Sabha and State Legislative Assemblies got a

push from Prime Minister Narendra Modi. What is understood by “simultaneous elections”?

Simultaneous Elections in India refers to holding elections to Lok Sabha and State Legislative Assemblies simultaneously, once in a five year.

At present, elections to Lok Sabha and to all State Legislative Assemblies are not being held simultaneously.

Sometimes, elections to some State Legislative Assemblies may happen together with the elections to Lok Sabha.

For example, in 2014, elections to State assemblies of Andhra Pradesh, Odisha and Sikkim were held along with elections to Lok Sabha.

Is the idea of simultaneous elections new?

The idea of simultaneous elections is not new to India.

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In 1951-52, the first general election to the Lok Sabha was held simultaneously with all State Assemblies. This practice of simultaneous elections continued till the general election of 1967.

This practice got disrupted due to premature dissolution of some State Legislative Assemblies in 1968. Lok Sabha itself dissolved prematurely in 1970.

As a result, the elections to the Lok Sabha and State Legislative Assemblies are being held separately.

The idea of simultaneous elections was floated long back by former deputy Prime Minister of India, LK Advani.

In Recent times, the idea got support from President and Prime Minister. President Pranab Mukherjee has endorsed the idea by mentioning it in his address to the joint session of the parliament ahead of the budget session.

Reports of Law commission and the Parliamentary standing committee have also favored simultaneous elections.

What are the advantages of having simultaneous elections?

The cost of an election has two components – one, expenditure incurred by the Election Commission and two, expenditure incurred by the political parties.

A large number of government employees and public buildings are diverted from their regular responsibilities for election duties.

Supporters of the simultaneous elections argue that it will reduce election expenditure in terms of finance and reduce diversion of human resources for election duties.

Model Code of Conduct (MCC) comes into operation during election season. MCC is seen as an obstacle to the government service delivery mechanism.

Simultaneous elections may reduce such disruption.

During elections, political convenience takes precedence over public interest.

To lure voters, political parties concede to popular demands without any consideration to public interest. Simultaneous elections reduce such opportunity for political parties.

Simultaneous election promotes national perspective over the regional perspective. This is important for the unity of the country.

Since it promotes national perspective, simultaneous elections strengthen national parties. This reduces mushrooming growth of political parties based on narrow vote bank politics.

Simultaneous elections bring States on par with the Center.

If the elections are to be held simultaneously once in five years, the elected state governments cannot be dismissed easily.

This reduces the anomalies created by the Article 356 (President’s Rule) of the Indian constitution and hence, it strengthens federalism.

The simultaneous election once in five years provides stability to the governments. It allows the government to take difficult and harsh decision in larger public interest.

What are the disadvantages of having simultaneous elections?

Simultaneous elections may reduce the expenditure incurred by the Election Commission however there is no guarantee that expenditure of the political parties will reduce.

Political parties may spend entire fund at once rather than in phases.

Center and States are equal and sovereign within their jurisdiction hence simultaneous elections may reduce the importance of state elections affecting the concept of federalism.

Article 83(2) and Article 172 of the Constitution requires that the Lok Sabha and State legislatures be in existence for five years from the date of its first meeting, “unless dissolved earlier” thus simultaneous elections ignore this phrase, as there would be no opportunity to dissolve Lok Sabha or State Assemblies.

A government can be in power as long as it enjoys the confidence of Parliament and simultaneous elections can work only if governments last for a fixed tenure of five years regardless of confidence

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of Parliament therefore it negates the concept of ‘no confidence motion’ – an important tool for legislative control over the executive.

Elections are an important part of representative democracy and simultaneous elections with fixed tenure of five years curtail people’s right to express their confidence or displeasure on the government.

Simultaneous elections will relegate local issues or issues of state importance to the background which completely ignores the diversity of the country.

Holding simultaneous election once in five years may also face logistical challenges. For the free and fair conduct of the elections, security forces need to be deployed in large numbers which could be challenging given the current strength of security personnel.


To avoid frequent elections it is necessary to have stable elected bodies.

It is pertinent to note that a no-confidence motion is not mentioned in the Constitution or any law, for that matter. It finds place in Rule 198 of the Rules and Conduct of Business of the Lok Sabha, which states that 50 or more members can move a no-confidence motion.

If it succeeds, the government has to resign and if no other party or parties can form the government, premature elections follow.

The Law Commission of India in its report of 1999 has dealt with the problem of premature and frequent elections.

It had recommended an amendment of this rule on the lines of the German Constitution, which provides that the leader of the party who wants to replace the chancellor has to move the no-confidence motion along with the confidence motion.

If the motions succeed, the president appoints him as the chancellor. If such an amendment to Rule 198 is made, the Lok Sabha would avoid premature dissolution without diluting the cardinal principle of democracy that is a government with the consent of the peoples’ representatives with periodical elections.

It will also be consistent with the notion of collective responsibility of the government to the House as mentioned in Article 75 (3) of the Constitution.

This will bring stability and transparency in the system.

Decentralized Governance & Local Democracy


Why in news? It's been a quarter century since the introduction of decentralized democratic governance in India. At this juncture it is crucial to look back and reflect on the not-so-encouraging performance.

How decentralized governance came into existence?

Decentralized governance was established through the 73rd and 74th Constitution Amendments.

Coming into force in 1993, these gave definite structure to decentralized democratic governance in India.

They initiated a process with standardized features such as:-

Elections every five years

Reservations for historically marginalised communities and women

The creation of participatory institutions

The establishment of state finance commissions (sfcs)

The creation of District Planning Committees (DPCs), etc How was this form of governance perceived?

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The structural reforms that followed heralded an inclusive, responsive, and participatory democracy.

It was tasked to deliver economic development and social justice at the grass-roots level.

Lakhs of “self-governing” village panchayats and gram sabhas were created.

Over three million elected representatives were mandated to manage local development.

It was a unique democratic experiment in the contemporary world. How is the outcome?

The impact that this reform package had had on democratic practices in India is not that encouraging.

Local democracy has not made much headway.

The village panchayats have not succeeded in enhancing the well-being, capabilities and freedom of citizens.

They have hardly ensured every citizen a comparable level of basic services irrespective of one’s choice of residential jurisdiction.

There is limited success in ensuring primary health care, access to drinking water supply, street lighting, education, food security, etc.

There are several success stories but these largely remain as exceptions.

All these indicate a social failure in local democracy. What are the reasons for the social failure in local democracy?

There seems to be a systemic failure with the third tier of the government.

The economic reforms (1991) were championed by the political class and received support from the bureaucracy.

But there was no perceptible hand-holding and support by the States to foster decentralized governance.

States were able to violate the provisions of Parts IX and IXA (Local Self Governments) with impunity.

It includes postponing elections, failing to constitute SFCs and DPCs, etc.

But significantly, these are the provisions envisaging the delivery of social justice and economic development at the local level.

It appears that the judiciary has been indifferent to the two momentous amendments and their potential.

There was no institutional decentralization except in Kerala.

The roles and responsibilities of local governments remain ill-defined despite activity mapping in several States.

States continue to control funds, functions and functionaries. This makes autonomous governance almost impossible.

Most States continue to create parallel bodies. These interfere with the functional domain of local governments.

These are often spheres of ministers and senior bureaucrats.

E.g. Haryana has created a Rural Development Agency, presided over by the Chief Minister.

Legislative approval of these parallel bodies legitimizes the process of weakening decentralized democracy.

DPC is tasked to draft a district development plan.

The plan takes into account spatial planning, environmental conservation, rural-urban integration, etc.

This is a potential instrument to reduce the growing regional imbalances.

But there is no mandate to create a DPC.

E.g. in States like Gujarat, the DPC has not been constituted.

The constitutional amendments provide for the reservation of seats for Adivasis, Dalits and women.

However, even now, these categories remain on the periphery.

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They are still the victims of atrocities and caste oppression rather than being active agents of social change.

The local government expenditure as a percentage of total public sector expenditure is only around 7%.

This is way below 24% in Europe, 27% in North America and 55% in Denmark.

The own source revenue of local governments as a share of total public sector own source revenue is only a little over 2%.

If disaggregated, the Panchayat share is a negligible 0.3%.

This speaks of the fiscal weakness of village panchayats. How has financial devolution been?

Article 280 established the Finance Commission to empower the third tier.

11th FC - Following 11th Finance Commission recommendations, there were reforms in budget and accounting.

There were efforts towards streamlining the financial reporting system at the local level.

Yet, there is no credible fiscal data base and budget system among local governments still.

The accountability arrangements remain very weak even after 25 years.

Further, the 13th Finance Commission recommended linking the grants to local governments to the divisible pool via Article 275.

Article 275 deals with grants from the Union to certain States.

The 14th Finance Commission enhanced the grant substantially but did not take the change forward.

The Terms of Reference of the 15th Finance Commission seeks to abolish Article 275.

This would ignore an integrated public finance regime, and in no way would help decentralisation.

Local democracy in India needs urgent attention in the interests of democracy, social inclusion and cooperative federalism.

SOCIAL AUDIT

Relevancy: GS Mains paper II, IV, and Optional- Public Administration Polity and governance, Social Audit, Accountability and transparency

What is the basis of social audit

Social audit is based on the principle that democratic local governance should be carried out, as far as possible, with the consent and understanding of all concerned. It is thus a process and not an event.

Defining social audit?

A social audit is a way of measuring, understanding, reporting and ultimately improving an organization’s social and ethical performance.

A social audit helps to narrow gaps between vision/goal and reality, between efficiency and effectiveness.

It is a technique to understand, measure, verify, report on and to improve the social performance of the organization.

Social auditing creates an impact upon governance. It values the voice of stakeholders, including marginalized/poor groups whose voices are rarely heard.

Social auditing is taken up for the purpose of enhancing local governance, particularly for strengthening accountability and transparency in local bodies.

The key difference between development audit and social audit is that a social audit focuses on the neglected issue of social impacts, while a development audit has a broader focus including environment and economic issues, such as the efficiency of a project or programme.

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Objectives of social audit

Assessing the physical and financial gaps between needs and resources available for local development.

Creating awareness among beneficiaries and providers of local social and productive services.

Increasing efficacy and effectiveness of local development programmes.

Scrutiny of various policy decisions, keeping in view stakeholder interests and priorities, particularly of rural poor.

Estimation of the opportunity cost for stakeholders of not getting timely access to public services. Advantages of social audit

Trains the community on participatory local planning.

Encourages local democracy.

Encourages community participation.

Benefits disadvantaged groups.

Promotes collective decision making and sharing responsibilities.

Develops human resources and social capital To be effective, the social auditor must have the right to:

seek clarifications from the implementing agency about any decision-making, activity, scheme, income and expenditure incurred by the agency;

consider and scrutinize existing schemes and local activities of the agency; and

access registers and documents relating to all development activities undertaken by the implementing agency or by any other government department.

o This requires transparency in the decision-making and activities of the implementing agencies.

o In a way, social audit includes measures for enhancing transparency by enforcing the right to information in the planning and implementation of local development activities.

o Several states have declared all Gram Panchayat plan documents related to beneficiary selection, budget cost estimates, etc. to be public documents.

o However, social audit arrangements have mostly been ineffective because there is no legal provision for punitive action.

o States should enact legislation to facilitate social audit by the Gram Sabha. Powers of Gram Sabha in Social Audit:

The most appropriate institutional level for social audit is the Gram Sabha, which has been given ‘watchdog’ powers and responsibilities by the Panchayati Raj Acts in most States to supervise and monitor the functioning of panchayat elected representatives and government functionaries, and examine the annual statement of accounts and audit reports.

These are implied powers indirectly empowering Gram Sabhas to carry out social audits in addition to other functions.

Members of the Gram Sabha and the village panchayat, intermediate panchayat and district panchayat through their representatives, can raise issues of social concern and public interest and demand an explanation.

Social audit committees

Social audit can also be used for auditing the performance of all three PRI tiers with a social audit committee at each level.

These committees should not be permanent, but can be set up depending on the nature of programmes/schemes to be audited.

Social audit committee members can be drawn from among programme stakeholders.

It is advisable to use the services of retired functionaries of different organizations, teachers or persons of impeccable integrity living in the Zilla Panchayat/Block Panchayat/Gram Panchayat jurisdiction.

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Both facilitators and social audit committee members can be trained by social audit experts. Key factors for successful social audit

Level of information shared with and involvement of stakeholders, particularly of the rural poor, women, and other marginalized sections.

Commitment, seriousness and clear responsibilities for follow-up actions by elected members of the Gram Panchayat.

Involvement of key facilitators in the process.

How to enhance local capacities for social audit

Organization of a mass campaign to increase public awareness about the meaning, scope, purpose and objectives of social audit.

Establishment of a team of social audit experts in each district who are responsible for training social audit committee members (stakeholders).

Implementation of training programmes on social auditing methods - conducting and preparing social audit reports, and presentation at Gram Sabha meetings.

Social development monitoring (SDM): a social audit process

SDM is a periodic observation activity by socially disadvantaged groups as local citizens who are project participants or target beneficiaries.

It could also take the form of action intended to enhance participation, ensure inclusiveness, articulation of accountability, responsiveness and transparency by implementing agencies or local institutions, with a declared purpose of making an impact on their socio-economic status.

Conclusion To sum up, the following proposals can be made to make social audit a regular and effective institution to promote the culture of transparency and accountability through the Gram Sabha.

States should enhance Gram Sabha powers to make them effective instruments of participatory decision-making and ensuring accountability of PRIs in local development planning.

An agency like the Ombudsman can be set up to look into complaints of local maladministration.

Development functionaries found guilty of violating established norms for local development planning should be punished.

It is important to ensure that rural poor are given due protection when they wish to stand up to speak against any misconduct.

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ACTS AND BILLS

Citizenship Amendment Bill, 2016 & Assam


Why in news? The visit of the Joint Parliamentary Committee on the Citizenship (Amendment) Bill, 2016 to the

Northeast last week has left the region, particularly Assam, divided. Protests have been held across the region for and against the Bill.

What is the issue?

Citizen amendment bill (2016) seeks to ease norms for religious minorities from neighboring countries (non-Muslims) to get Indian citizenship.

But it has polarized regions in borders states like Assam as the locals fear a demographic change might be ushered due to immigration.

What is Citizenship Amendment Bill, 2016 about?

“Citizenship Act, 1955” allows an immigrant to apply for citizenship if he/she has lived in India for 12 months immediately before applying.

Additionally, the applicant should’ve also resided in India for 11 of the last 14 years before the date of application.

In 2016, an amendment bill was introduced, for relaxing the 11-year cutoff to 6 years out of 14 for immigrants of the 6 religious faiths.

It is for enabling “Hindus, Sikhs, Buddhists, Jains, Parsis & Christians” from Bangladesh, Afghanistan and Pakistan to apply for Indian citizenship.

In other words, the amendment seeks to make non-Muslim illegal immigrants from three neighbouring countries eligible for Indian citizenship.

Also, the government passed two notifications for exempting such immigrants from the Foreigners Act 1946 and the Passport (Entry into India) Act 1920.

Notably, this meant that they can’t be deported – thereby enabling them to continue living in India (provided that they had arrived before 2015).

What happened in Assam?

The bill has stirred protests in the Brahmaputra valley of Assam, which has a predominantly Assamese speaking population.

But on the contrary, the Bengali speaking region of Barak Valley in Assam has largely welcomes the proposal.

Notably, Barak Valley is a breakaway Bengali speaking region from the erstwhile East-Bengal, which became East-Pakistan (Bangladesh) in 1947.

Though the region was joined with Assam for administrative convenience, it has retained its Hindu-Bengali identity over the years.

A parliamentary committee was sent to Guwahati (Brahmaputra Valley), Silchar (Barak Valley) and Shillong (Meghalaya) to seek public opinion.

The bill received acceptance only in Silchar, and it was met with stringent opposition from Guwahati (Meghalaya’s cabinet also opposed it).

The BJP is pushing for the Bill, but all other parties in Assam are against it.

Even within the parties, there is a geographical divide as many leaders have contradicted their party line and aligned themselves with their constituencies.

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Assam’s BJP CM Sarbananda Sonowal has merely stated that he would step down if the rights of Assam’s citizens aren’t protected.

What are the different perspectives?

Opponents vouch that the bill will aggravate the illegal migration, from Bangladesh, which might alter the demography of the state.

The bill is also in violation of the 1985 Assam Accord, which was signed to end illegal Bangladeshi migration (irrespective of religion).

Under the accord, any person who came to Assam after midnight of March 24th 1971 (just before Bangladeshi war), would be considered a foreigner.

Supporters of the amendments argue that it is to save the victims of Partition (Hindu-Bengalis), who got stuck in east-Pakistan in the initial years.

Notably, religious minorities in Bangladesh are indeed being persecuted by non-state actors (Islamic extremists) and are said to be in desperation.

Subsequently, many have crossed the borders and settled down in border states illegally, and they remain stateless for years now.

The supporters of the amendment bill have also asked for further reduction in the time period for citizenship.

What will happen if the bill is passed?

Since 1971, about 20 lakh Bengali Hindus are living illegally in India.

The current bill seeks to relax citizenship rules for these people who are living in India illegally (since before 2015) by giving them due recognition.

Additionally, as the bill also seeks to relax citizenship rules for religious minorities from the neighbourhood, it might enhance influx.

Notably, some estimates hold that as many as 1.70 crore Hindus who are currently living in Bangladesh, might want to get Indian citizenship.

Nevertheless, some legal experts have opined that the amendment bill will not stand legal scrutiny as it discriminates on the basis of religion.

Is the Citizen’s Registry Update related to the amendment?

An exercise for updating the Natioanl Registry of Citizens (NRC, 1951) is currently underway, which is in order to weed out illegal immigrants.

While the NRC update operates with March 1971 as the cutoff date, the current citizenship amendment bill has set Dec 2014 as the cutoff date.

Hence, opponents of the bill feel that the amendment undermines the NRC update exercise, but the supporters have disputed this.

Significantly, NRC Update has also polarised the state as many Bengalis of the Barak Valley fear that they might not find a place in it.

Rail Accidents & The Need For Amendments In Railways Act


Why in news? The recent deaths of schoolchildren at an unmanned rail crossing highlight why the Railways Act

must be amended. What are the flaws in compensation or claims procedure of the victims?

In relation to claims for railway accidents, the Railways Act provides for fixed compensation on predetermined scales.

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It also provides a forum for passengers to make claims in the form of Railway Claims Tribunals situated in different parts of India. But there is a limitation.

Only a passenger on a train can make a claim before the Tribunal. What are the concerns?

Passengers of a bus or motor vehicle who may have been harmed after a collision with a train can only approach the Motor Accidents Claims Tribunal.

Important cases :

In Donoghue v. Stevenson (1932) case, SC held that – the duty of care for the Railways extends not only to those who use the Railways’ services but also to people who are “neighbours” — namely, users of vehicles on roads that intersect with tracks.

In other words, there is a common law liability for the railway administration for an accident at an unmanned crossing, even in the absence of specific provisions in the Railways Act.

An action at common law can be filed against Railways because the Railways was involved in what are recognised as dangerous operations and hence is bound to take care of road users.

Railways should take all precautions that will reduce danger to the minimum. What does the Railways Act say?

The Railways Act 1989 (through Section 124) provides compensation on strict liability basis.

This means that “when an accident occurs in the course of working a railway” (a collision between trains, or when one is a train carrying passengers, or derailment, or any other accident with a train or any part of a train carrying passengers), then whether or not there has been any wrongful act, neglect or default on the part of the railway administration, an injured passenger or one who has suffered a loss can lawfully maintain an action and recover damages.

What is the way ahead?

It is time the government amends the Railways Act to provide for compensation on a proactive basis without driving victims or their families to file applications in Tribunals or Courts.

It is also essential to include within Section 124 of the Railways Act a provision for a claim from a “neighbour to a passenger” in the manner that the Supreme Court recognises, namely, a road user of a motor vehicle.

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SCHEMES AND POLICIES OF GOVERNMENT

National Policy On Biofuels - 2018

Relevancy: GS Prelims, GS Mains paper II, III Schemes and policies of government, National Policy on Biofuels

Why in news? The Union Cabinet has approved National Policy on Biofuels – 2018.

Background:

In order to promote biofuels in the country, a National Policy on Biofuels was formulated by Ministry of New and Renewable Energy during the year 2009.

Biofuels in India are of strategic importance as it augers well with the ongoing initiatives of the Government such as Make in India, Swachh Bharat Abhiyan, Skill Development.

They offers great opportunity to integrate with the ambitious targets of doubling of Farmers Income, Import Reduction, Employment Generation, Waste to Wealth Creation.

Biofuels programme in India has been largely hit because of non-availability of sustained domestic feedstock.

Salient Features:

The Policy categorises biofuels as o "Basic Biofuels" viz. First Generation (1G) bioethanol & biodiesel o "Advanced Biofuels" - Second Generation (2G) ethanol, Municipal Solid Waste (MSW) to

drop-in fuels, Third Generation (3G) biofuels, bio-CNG etc. to enable extension of appropriate financial and fiscal incentives under each category.

Raw material expanded: The scope of raw material for ethanol production has been expaned by allowing use of Sugarcane Juice, Sugar containing materials like Sugar Beet, Sweet Sorghum, Starch containing materials like Corn, Cassava, Damaged food grains like wheat, broken rice, Rotten Potatoes, unfit for human consumption for ethanol production.

Surplus foodgrains of farmers: To alleviate the risk of Farmers of not getting appropriate price for their produce during the surplus production phase, the Policy allows use of surplus food grains for production of ethanol for blending with petrol with the approval of National Biofuel Coordination Committee.

Viability gap funding: With a thrust on Advanced Biofuels, the Policy indicates a viability gap funding scheme for 2G ethanol Bio refineries of Rs.5000 crore in 6 years in addition to additional tax incentives, higher purchase price as compared to 1G biofuels.

Supply chain management: The Policy encourages setting up of supply chain mechanisms for biodiesel production from non-edible oilseeds, Used Cooking Oil, short gestation crops.

Expected Benefits:

Reduce Import Dependency: The ethanol supply year 2017-18 is likely to see a supply of around 150 crore litres of ethanol which will result in savings of over Rs.4000 crore of foreign exchange.

Cleaner Environment: There will be lesser emissions of CO2. By reducing crop burning & conversion of agricultural residues/wastes to biofuels there will be further reduction in Green House Gas emissions.

Health benefits: Prolonged reuse of Cooking Oil for preparing food, particularly in deep-frying is a potential health hazard and can lead to many diseases. Used Cooking Oil is a potential feedstock for biodiesel and its use for making biodiesel will prevent diversion of used cooking oil in the food industry.

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MSW Management: It is estimated that, annually 62 MMT of Municipal Solid Waste gets generated in India. It can be used to generate biofuels.

Infrastructural Investment in Rural Areas: At present Oil Marketing Companies are in the process of setting up twelve 2G bio refineries with an investment of around Rs.10,000 crore. Further addition of 2G bio refineries across the Country will spur infrastructural investment in the rural areas.

Employment Generation: There will be a requirement of employment in Plant Operations, Village Level Entrepreneurs and Supply Chain Management.

Additional Income to Farmers: By adopting 2G technologies, agricultural residues/waste which otherwise are burnt by the farmers can be converted to ethanol and can fetch a price for these waste if a market is developed for the same. Also, farmers are at a risk of not getting appropriate price for their produce during the surplus production phase. Thus conversion of surplus grains and agricultural biomass can help in price stabilization.

Conclusion:

The policy should take in to consideration technological and financial feasibility

To address the issue of infrastructure, the new policy envisages investment to the tune of ₹5,000 crore in building bio-refineries and offering other incentives over the next few years.

The government should also take steps to remove policy barriers that have discouraged private investment in building supply chains.

Until that happens, India’s huge biofuel potential will continue to remain largely untapped.

Ayushman Bharat Scheme- Issues and Objectives

Relevancy GS Prelims GS mains Paper- 1, 2 Schemes and Policies of Government, Health issues in India

Why in news? The government has launched Ayushman Bharat, a national health protection scheme (NHPS) in the

last stretch of this its tenure. However social policies in the areas of education, health and the welfare of the disadvantaged or

farmers almost always get announced before elections. No political party is an exception to this rule since such ‘feel good’ welfare policies are useful in

conferring a sense of legitimacy and caring on the government seeking another term. What are the Issues?

Despite these political motivations, those working in these neglected sectors welcome such policy announcements as the crisis are acute in these sectors.

The first is the massive shortages in the supply of services (human resources, hospitals and diagnostic centres in the private/public sector), made worse by grossly inequitable availability between and within States.

The strategy for negotiating/containing prices being charged for services needs to be spelt out.

The capacity of this infrastructure to take on the additional load of such insured patients from other States, growing medical tourism (foreign tourists/patients) as a policy being promoted by the government, and also domestic patients, both insured and uninsured.

What are the objectives of the health policy?

To enhance the health of the population and reduce the financial risk for those accessing treatment.

Reduced spending or getting impoverished when seeking health-care measures the second. What are the components of the scheme?

http://www.thehindu.com/news/national/nod-for-ayushman-bharat-health-scheme/article23314430.ece

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Upgrading the 150,000 sub-centres (for a 5,000 population level) into wellness clinics that provide 12 sets of services;

Providing health security to 40% of India’s population requiring hospitalisation for up to a sum assured of Rs. 5 lakh per year per family.

The Draft Scheme on Cauvery Water


Why in news? The union government presented the draft scheme for sharing Cauvery Waters to the Supreme

Court. It is now for the Cauvery basin States to quickly embrace the scheme to avoid further bickering

and rioting. About the Scheme:-

The draft scheme is for the distribution of Cauvery waters among the riparian States.

Though the centre has not given a name to the scheme, it derives largely from the pronouncement of the 2007 Cauvery Tribunal’s.

The scheme will be a two-tier structure, with an apex body charged with the power to ensure compliance, and a regulation committee that will monitor the flows.

The powers and functions of the authority are fairly comprehensive and its decisions are intended to be final and binding.

However, if any States is not cooperative, the authority has to seek the Centre’s help, and the Centre’s decision will be final in such a scenario.

The authority’s powers include apportionment, supervision of operations of reservoirs and regulation of water releases.

What are the concerns?

The clause involving the central government’s envisioned role in case of non-compliance by any state is tricky.

While this has been envisioned to solve the problem, there is the possibility of the centre taking a partisan stand in the future due to political considerations.

Rather, strict compliance with the court’s allocated share of water at all times would be better, instead of leaving situations to the centre’s discretion.

There are a few differences between the Cauvery Management Board envisaged by the Tribunal and the authority proposed in the scheme.

The Tribunal favored the chairperson being an irrigation engineer with not less than 20 years of experience in water resources management.

But the present scheme envisions a senior engineer in water resources management or an officer in the rank of “Secretary” at the union level.

Similarly, the representatives from the four States would be administrators rather than engineers as proposed by the Tribunal.


The Cauvery dispute has dragged on for several decades, and it would be unfortunate if the final decision isn’t implemented in letter and spirit.

All States should agree to the broad contours of this scheme and comply with the authority’s decisions.

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If the proposed draft is implemented, then an issue concerning the livelihood of millions will be taken out of the sensationalist political domain.

Green Revolution- Krishonnati Yojana

Relevancy: GS prelims, GS mains paper III Agriculture, green revolution, krishonnati yojana

Why in news? The cabinet committee on economic affairs (ccea), chaired by the prime minister has given approval

for the umbrella scheme, "green revolution – krishonnati yojana" in agriculture sector beyond 12th five year plan for the period from 2017-18 to 2019-20.

About the scheme:

This umbrella scheme comprises of 11 schemes/missions.

These schemes look to develop the agriculture and allied sector in a holistic and scientific manner to increase the income of farmers by enhancing production, productivity and better returns on produce.

The schemes will be continued with an expenditure of rs.33,269.976 crore for three financial years, i.e., 2017-18, 2018-19 and 2019-20.

The schemes/missions focus on creating/strengthening of infrastructure of production, reducing production cost and marketing of agriculture and allied produce. These schemes / missions have been under implementation for varying duration during past few years.

All these schemes/missions were appraised and approved independently as separate scheme/mission. In 2017-18, it has been decided to club all these schemes / missions under one umbrella scheme 'green revolution - krishonnati yojana'.

Parts of the scheme:

Mission for integrated development of horticulture (midh): it aims to promote holistic growth of horticulture sector; to enhance horticulture production, improve nutritional security and income support to farm households.

National food security mission (nfsm), including national mission on oil seeds and oil palm (nmoop): it aims to increase production of rice, wheat, pulses, coarse cereals and commercial crops, through area expansion and productivity enhancement in a suitable manner in the identified districts of the country, restoring soil fertility and productivity at the individual farm level and enhancing farm level economy. It further aims to augment the availability of vegetable oils and to reduce the import of edible oils.

National mission for sustainable agriculture (nmsa): nmsa aims at promoting sustainable agriculture practices best suitable to the specific agro-ecology focusing on integrated farming, appropriate soil health management and synergizing resource conservation technology.

Submission on agriculture extension (same): it aims to strengthen the ongoing extension mechanism of state governments, local bodies etc., achieving food and nutritional security and socio-economic empowerment of farmers, to institutionalize programme planning and implementation mechanism, to forge effective linkages and synergy amongst various stake-holders, to support hrd interventions, to promote pervasive and innovative use of electronic / print media, inter-personal communication and ict tools, etc.

Sub-mission on seeds and planting material (smsp): smsp aims to increase production of certified / quality seed, to increase srr, to upgrade the quality of farm saved seeds, to strengthen the seed multiplication chain, to promote new technologies and methodologies in seed production,

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processing, testing etc., to strengthen and modernizing infrastructure for seed production, storage, certification and quality etc.

Sub-mission on agricultural mechanisation (smam): smam aims to increase the reach of farm mechanization to small and marginal farmers and to the regions where availability of farm power is low, to promote ‘custom hiring centres’ to offset the adverse economies of scale arising due to small landholding and high cost of individual ownership, to create hubs for hi-tech and high value farm equipment, to create awareness among stakeholders through demonstration and capacity building activities, and to ensure performance testing and certification at designated testing centers located all over the country.

Sub mission on plant protection and plan quarantine (smppq): it aims to minimize loss to quality and yield of agricultural crops from the ravages of insect pests, diseases, weeds, nematodes, rodents, etc. And to shield our agricultural bio-security from the incursions and spread of alien species, to facilitate exports of indian agricultural commodities to global markets, and to promote good agricultural practices, particularly with respect to plant protection strategies and strategies.

Integrated scheme on agriculture census, economics and statistics (isaces): it aims to undertake the agriculture census, study of the cost of cultivation of principal crops, to undertake research studies on agro-economic problems of the country, to fund conferences/workshops and seminars involving eminent economists, agricultural scientists, experts and to bring out papers to conduct short term studies, to improve agricultural statistics methodology and to create a hierarchical information system on crop condition and crop production from sowing to harvest.

Integrated scheme on agricultural cooperation (isac): it aims to provide financial assistance for improving the economic conditions of cooperatives, remove regional imbalances and to speed up - cooperative development in agricultural marketing, processing, storage, computerization and weaker section programmes; to help cotton growers fetch remunerative price for their produce through value addition besides ensuring supply of quality yarn at reasonable rates to the decentralized weavers.

Integrated scheme on agricultural marketing (isam): it aims to develop agricultural marketing infrastructure; to promote innovative and latest technologies and competitive alternatives in agriculture marketing infrastructure; to provide infrastructure facilities for grading, standardization and quality certification of agricultural produce; to establish a nationwide marketing information network; to integrate markets through a common online market platform to facilitate pan-india trade in agricultural commodities, etc.

National e-governance plan (negp-a): it aims to bring farmer centricity & service orientation to the programmes; to enhance reach & impact of extension services; to improve access of farmers to information &services throughout crop-cycle; to build upon, enhance & integrate the existing ict initiatives of centre and states; and to enhance efficiency & effectiveness of programs through making available timely and relevant information to the farmers for increasing their agriculture productivity.

Source: PIB

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ECONOMY

Environmental Regulation and FDI

Relevancy GS Paper- 2

Why in news? It has been analyzed whether foreign direct investment (FDI) is linked to easing environmental

regulations in India. The findings were published in a study titled ‘‘Does environmental governance matter for foreign

direct investment? Testing the pollution haven hypothesis for Indian States’’ in the Asian Development Review.

What did the study say?

Environmental regulation has little impact on FDI.

FDI is instead dependent on other variables such as infrastructure and labor.

In terms of policy, it would help India if it is focused more on these factors (infrastructure and labor) rather than on ease of environmental regulation.

The study dealt with pollution related expenditures of the manufacturing sector between 2002 and 2010. Higher costs in dealing with pollution from an industry show stricter environmental norms being in place.

Of the 28 States reviewed, 16 saw pollution abatement costs reduce (including Maharashtra, Gujarat, Tamil Nadu and Karnataka); while only in 11 States did the costs increase (undivided Andhra Pradesh, Odisha, Haryana, Madhya Pradesh and Kerala).

The study also dealt with industrial composition.

A State with a high number of chemical industries will have higher environmental costs despite the level of environmental regulations.

Thus, to adjust for this, Kathuria created a industrial-composition-adjusted abatement index using unit level data from the Annual Survey of Industries.

The index shows that Chandigarh, Odisha and Karnataka have the highest environmental stringency, while Bihar, Delhi and the northeastern States have the lowest.

Study also compared FDI inflow to :

control variables of per ca-pita income of 21 States,

manufacturing share of the State GDP,

installed electricity generation capacity,

transmission and distribution losses in the power sector (a reflection of industrial regulations),

literacy,

proximity to coast, and

the readiness of a State to accept investments. Conclusion:

The study concluded that the location of foreign firms decision is primarily based on infrastructure and market access-related factors rather than environment regulation.

New Amendments In Insolvency And Bankruptcy Code

Relevancy GS Paper- 3, 2 (Economy, Polity & Governance)

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Why in News? The Union Cabinet decision to amend the Insolvency and Bankruptcy Code (IBC), gave relief to

home buyers. What is the ordinance about?

The Union Cabinet has cleared an ordinance amending the Insolvency and Bankruptcy Code (IBC), a law which came into force in November 2016 to hasten the process of winding up failed businesses.

The government has refused to give details of the amendment.

The amendment is expected to offer better treatment to homebuyers when it comes to recovering their dues from bankrupt companies.

A 14-member panel formed by the Ministry of Corporate Affairs had recommended last month that homebuyers should be treated as financial creditors during the bankruptcy resolution process.

But economically, homebuyers are not like traditional creditors such as banks and institutional investors, they do not offer their money in expectation of excess returns.

Homebuyers are only customer to real estate developers who want the delivery of their house that was promised to them.

What is the amendment expected to do?

The amendment is expected to reduce the inconsistencies between the IBC and the Real Estate Regulation Act (RERA).

RERA was introduced with the goal of protecting the rights of buyers by ensuring the timely and honest delivery of homes.

RERA have had a relatively low status among the various stakeholders in a bankruptcy proceeding.

The removal of this inconsistency can help courts deliver better justice to homebuyers in the future.

In Jaypee Insolvency Case SC had to intervene in the Bankruptcy resolution Process to uphold the right of homebuyers.

Upholding the right of homeowner could impact the real estate developers and large creditors like banks. But it will help in the development of a transparent and more efficient real estate market.

The Union Cabinet has cleared an ordinance amending the Insolvency and Bankruptcy Code (IBC), a law which came into force in November 2016 to hasten the process of winding up failed businesses.

The change to the law is expected to help offer better treatment to homebuyers when it comes to recovering their dues from bankrupt companies.

A 14-member panel formed by the Ministry of Corporate Affairs had recommended last month that homebuyers should be treated as financial creditors during the bankruptcy resolution process.

The RERA Report Card

Relevancy GS Paper-3 (Economic Development)

Why in news? It’s been a year the real estate legislation came in to effect it is a year since the Real Estate

(Regulation and Development) Act, 2016 (RERA) came into effect (May 1). But stocktaking presents a dismal picture as far as its implementation and expected benefits are

concerned. How many states have RERA act?

20 of the 28 States (the Act is not applicable in Jammu and Kashmir) have framed the rules stipulated under RERA to carry out its legal mandate.

In some States such as Uttar Pradesh, the Act’s provisions have been watered down in favour of builders by altering the definition of “on-going projects” which need registration under RERA.

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There is also a dilution on the penalties for non-compliance.

Similarly, the speedy dispute redress mechanism envisaged by the Act is yet to take shape.

Apart from Maharashtra only Punjab and Madhya Pradesh have appointed a permanent regulatory authority (to be established within a period of a year).

Online portal RERA:

6 states have set up the online portal contemplated by the Act.

In the Northeastern States, RERA has been challenged on certain constitutional grounds of land belonging to the community and autonomous councils.

In contrast, Maharashtra, which has established both the regulatory authority (Maharashtra Real Estate Regulatory Authority, or MahaRERA) and the appellate tribunal, has shown that with earnest action, the Act and the establishment of the permanent regulator can have a positive impact in reassuring real estate purchasers.

MahaRERA’s online portal has led to builders registering projects and a high degree of compliance in terms of registration by real estate agents.

This along with fast track adjudication of consumer complaints has made the MahaRERA an example of how other States need to implement the Act.


Implementation of the Act eventually needs to focus on consumer interests.

In these efforts, rudimentary compliance must be eliminated and practicality should be adopted.

For example, in U.P., a large number of new projects are concentrated in Ghaziabad or Gautam Budh Nagar/Noida. However, even though the Act provides for State governments to establish more than one regulatory authority, the interim regulator designated in U.P. is located in Lucknow.

This has led to consumers being inconvenienced as they need to travel to Lucknow to file their complaints.

Conclusion:

One of the most notable provisions of the RERA is the requirement to keep 70% of funds received for a project in a separate escrow account, a step to prevent a diversion of funds which usually happens and in turn results in project delays.

Recently, the Central government notified June 30 as the date by which all States have to do away with dilutions and bring in all incomplete projects within the ambit of RERA.

This date is also the deadline by when permanent regulators have to be formed and for the websites of all States to become functional.

Employment in India


Why in news? Despite being the fastest growing economy in the world, India has failed to create jobs for its people.

What is the current employment scenario in India?

Informal as well as formal employment sectors like IT are facing a reduction in the number of jobs added annually.

The most people in working age are employed in temporary jobs or jobs which are not sustainable in long term.

Young generation who are annually added to the job market face problems in finding appropriate employment according to their expertise.

What needs to be done to create more jobs?

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Policies must be reviewed to understand why the globally highest growth rate has not translated into increased jobs in India.

A stronger investment cycle has to supplement the consumption-led growth to create a sustainable basis for livelihood.

Measures to lift people from underemployment and sustenance have to be followed through.

Conditions have to be built up in the economy such as ease of doing business, investor friendly options to complement the large potential market to generate employment.

All risks like regulatory and disruptive risks have to be mitigated for the attracting investments in the country.

Also judicial resolution of issues and complexities has to be quickened.

Changes in tax structures have to be made to end tax evasion and increase compliance.

Laws and procedures to deal with insolvency and resolution of stressed assets have to be introduced.

Crude Oil Price Rise – How And Why


Why in news? Crude oil prices have risen to their highest level since late-2014. In this backdrop, changes to the domestic fuel pricing regime have raised some concerns.

How things progressed recently?

Brent crude oil is the international benchmark price for oil.

It was priced around $27 a barrel as late as January 2015.

It has recently breached $75 per barrel.

The price rise is driven by a deepening economic crisis in Venezuela.

It is also a result of the fear of US's consideration on reimposing sanctions against Iran. Why is it a concern for India?

The price of the Indian basket of imported crude oil, too, has risen sharply.

Worryingly, India primarily meets its energy needs through imports.

Oil imports rose by over 25% in 2017-18 to $109 billion from a year ago.

Elevated oil prices could affect India’s trade deficit.

Consequently, the current account deficit could also increase. How is India’s domestic fuel pricing regime?

The Centre introduced the dynamic fuel pricing mechanism in June last year (2017).

This allowed oil marketing companies (OMCs) to revise fuel prices daily.

State-owned fuel retailers were revising the prices in tune with changes in international prices.

Notably, the price of Brent crude oil has increased by more than 50% since June last year.

It has risen to the highest level since late-2014.

Responding to this, the government has recently asked public sector oil companies to pause their daily retail price revision.

The oil companies have thus kept petrol and diesel prices unchanged for nearly two weeks.

This is despite the rise in average price of the Indian basket of crude oil. What does all this suggest?

Oil companies have exerted pressure on the marketing margins of public sector oil companies.

The average marketing margin has considerably gone down by about 45%.

This would impact the oil companies as they may face a capital crunch.

India’s oil exploration and refinery upgradation efforts could slow down.

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The performance of OMC stocks in the last few weeks also suggests that the markets are not convinced.

The government has discretionarily stopped a market-linked pricing regime.

Regardless of the reason, such an intervention undermines the credibility of its own policy decision.

Worryingly, the decisions are largely influenced by political considerations such as elections.

The policy of transferring the burden to the OMCs by offloading the burden on consumers is unsustainable in the long run.

The government should opt to ease the burden of fuel taxes.

A possible option is to bring domestic fuels under the purview of the goods and services tax.

For now, the government could bring down prices by reducing excise duties on oil.

RBI and Virtual Currencies


Why in news? RBI directed all agencies regulated by it to stop doing any business with persons (or entities) dealing

with Virtual Currencies (VC). The government and the RBI had already been flagging the inherent risks in dealing with crypto-

currencies. What are the guidelines issued?

In what is by far the most direct action taken thus far, the Indian central bank issued a circular to clamp the proliferation of crypto-currencies.

The RBI circular mandates the stoppage of all services to those dealing in VCs, with regard to their purchase or sale of crypto-currencies.

This covers - maintaining accounts, registering, trading, settling, clearing, giving loans against virtual tokens, and accepting VCs as collateral.

In addition, the RBI stipulated a three month time from the date of the circular to exit any such relationship they might already be in.

What was the need for such an action taken?

The RBI and the government have repeatedly issued warnings to people dealing in crypto-currencies as the there are inherent financial risks.

The Finance Ministry even referring to them as “Ponzi schemes” in which investors stand to lose all their money.

The fear among policymakers is that crypto-currencies, being an alternative to fiat currency, could be misused to launder black money or finance terrorism.

RBI is also said to have constituted a committee to look into the merits and demerits of it issuing a Rupee backed digital currency.

Hence, some see that the current crackdown is ring-fencing of non-state crypto-currencies as a first step to make way for RBI’s virtual currency.

How did the crypto-dealers react to this?

Several crypto-currency exchanges have said that though harsh, the RBI’s stance does not explicitly outlaw trade in crypto-currencies in India.

They believe that this move only segregates crypto-currencies from fiat ones.

Nevertheless, writ petitions challenging the RBI’s order have already been filed on the grounds that it violates Article 19 of the Constitution.

What is Ponzi Scam?

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Ponzi Scam is an investment bubble, which is beneficial for investors till a tip off point is reached, when the bubble crashes and results in huge losses for investors.

Here, investments (shares, bonds, property etc...) are sold to interested investors and they earn by reselling these for higher prices.

In this model, value of investments increases only due to the availability of newer willing investors in the market.

As there is no real revenue generation from the investments, once the new investors are exhausted, then the prices of investments crash.

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SCIENCE AND TECHNOLOGY

Premature Deaths And Air Pollution

Relevancy GS Paper 3

Why in news? Worsening air quality in the last two decades has emerged as one of the major reasons for high

numbers of premature deaths in 11 north Indian cities. The findings titled ‘Know what you breathe’, released, were researched by Indian Institute of

Technology (IIT)-Delhi in collaboration with environmental NGO Centre for Environment and Energy Development (CEED).

The report found annual mortality linked to air pollution to be in the range of 150-300 persons per 1 lakh population.

Where was the study conducted?

The study was conducted in 7cities of Uttar Pradesh (Allahabad, Kanpur, Lucknow, Meerut, Varanasi, and Gorakhpur), 3 cities of Bihar (Patna, Gaya, and Muzaffarpur), and the capital of Jharkhand, Ranchi.

Kanpur recorded the highest number of premature deaths per year (4,173) due to chronic exposure to air pollution, followed by Lucknow (4,127), Agra (2,421), Meerut (2,044), Varanasi (1,581), Allahabad (1,443) and Gorakhpur (914).

What did the study say?

The study calculated the annual “mortality burden” through averages of recorded deaths caused due to Chronic Obstructive Pulmonary Disease (COPD), Acute Lower Respiratory Infection (ALRI), coronary disease, stroke, and lung cancer, in these cities.

COPD was the largest cause of the deaths (at 29.7%) and lung cancer the lowest (0.6%).

The largest share in total burden was attributed to ALRI in Agra and Meerut, and to COPD in Allahabad, Gaya, Kanpur, Gorakhpur, Lucknow, Patna, Muzaffarpur and Varanasi.

The estimates should not be perceived as instant deaths clarifying that they represent premature (earlier than the expected lifetime of the Indian population) deaths due to chronic exposure from pollution.

However it isn’t possible to validate these estimates, as cause-specific mortality data do not exist in India.

The report also said that premature mortality burden would reduce by 14%-28% annually with the achievement of Indian air quality standards in these cities.

The report also found levels of PM2.5 exposure moving downward from west to east of the Indo-Gangetic plain with the highest proliferation in Varanasi and the lowest in Ranchi.

The report has indicated an increase of 28.5 microgram / m3 in PM 2.5 in the last 17 years in Varanasi.

The annual particular matter exposure was the highest in Meerut, with an “alarming” figure of 99.2 ug/M3 (microgram per cubic metre), followed by Agra (91) and Lucknow (83.5).

The study has attributed residential (cooking, heating, and lighting) sources as the largest contributors to annual ambient PM2.5 concentration (73.8%) followed by industry (11.7%), transport (9.8%) and energy sectors (4.6%).

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Nipah Virus- What, Why, & How

Relevancy GS Paper-1 & 3 (Urbanization & Science and Technology)

Why in news?

The recent outbreak of Nipah Virus infection in Kerala. The lethal Virus has been spreading in northern Kerala, creating a health emergency and widespread

panic. The Zoonotic virus is suspected to have spread to humans from infected bats, and actions to curtail

the spread of infections are currently underway. The outbreak has already cost the lives of 10 people out of 12 confirmed cases in Kozhikode and

Malappuram of Kerala. What is Nipah Virus?

It is a contagious and deadly virus which was first identified in Malaysia in 1999.

The virus figures in the WHO’s list of 10 priority pathogens needing urgent research.

The virus is an RNA (ribonucleic acid) virus and mutates very fast.

The death rate from the Nipah virus is estimated to be about 70%.

During 2007 outbreak in Nadia, West Bengal, after the first patient got infected, the virus generally spread among close contacts and caregivers. A similar pattern is observed in the current outbreak.

How does the virus spread?

Nipah spreads from fruit bats to humans and other animals, mainly through bat dropping or bodily remains and then spreads laterally within a species.

But less than 1% of the fruit bats are estimated be infected with Nipah virus and it is even rarer for it to infect humans.

It is indeed highly contagious within humans, and the current episode in Kerala even killed a nurse who was treating another Nipah patient.

The disease has a high mortality rate, but experts stress that there is no reason to panic because Nipah outbreaks have always been generally localised.

What are the symptoms?

The classical symptom is acute and rapidly progressive encephalitis (brain inflammation and pain) with or without respiratory involvement.

Other more noticeable symptoms include non-productive cough during the early part of the disease.

Nipah encephalitis comes with 3-14 days of fever and headache, followed by drowsiness, disorientation and mental confusion.

Acute encephalitis progresses to coma within 24-48 hours. What are the major causes of the outbreak?

According to a WHO report, a major cause of the outbreak of bat-related viral infections is the loss of bat’s natural habitats due to increasing urbanization.

Loss of natural habitats forces bats to move near urban areas.

According to a study in Malaysia, rapid urbanization leading to the destruction of bat-rich rainforests contributed to the outbreak of Nipah virus.

Nipah virus infection generally has a stuttering chain of transmission.

Once the virus moves from bats to humans it generally spreads to people in close contact with the patients.

How can the spread of Nipah virus be contained?

Virologists working on the ground have asserted that early diagnosis has helped in containing the spread in the current case.

Timely laboratory confirmation and aggressive tracing of those who came in contact with patient can contain spread of the virus.

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This is very important because there is no effective specific treatment for the infection and hospitalization is only to support our bodily immune systems.

Standard infection control practices (like washing and sanitizing) and proper barrier nursing techniques are also critical for curtailing spread.

WHO Report on Hepatitis virus and India

Relevancy G.S, Paper 2, 3

Why in news? WHO has listed viral hepatitis as a major public health problem throughout the world and

particularly in India. What is Hepatitis?

Hepatitis A virus and hepatitis E virus are responsible for sporadic infections and the epidemics of acute viral hepatitis.

Hepatitis B virus and hepatitis C virus predominantly spread through the parental route and are notorious for causing chronic hepatitis.

Hepatitis C is caused by a blood-borne virus, which affects the liver, it could spread through the use of injectable drugs, unsafe injection practices and transfusion of unscreened blood.

However unlike hepatitis B, it is not sexually transmitted and there is no known vaccine for hepatitis C.

What did the WHO report say?

According to WHO Hepatitis is preventable and treatable but remains an acute public health challenge globally and in the Southeast Asia region.

Viral hepatitis kills approximately 4 lakh people every year in the Southeast Asia region and is responsible for more deaths than HIV and malaria put together.

WHO says these high numbers are unacceptable as there is an effective vaccine and treatment for hepatitis B, and over 90% of the people with hepatitis C can be cured.

What is the status of Hepatitis in India?

Water and blood-borne viral hepatitis is an important public health issue in India.

In India viral hepatitis is causing premature death and disease with over 10 million people chronically infected with hepatitis B and C, this is six times the number of HIV/AIDS patients.

The fact is that 95% of the people with chronic hepatitis do not know they have been infected and less than 1% has access to treatment.

What measures should be taken?

Union Health Ministry’s National Programme for Control of Viral Hepatitis for 2018-19, with a budget of Rs.600 crore for the next three years, hopes to screen the vulnerable population and provide free treatment where needed.

The National Hepatitis Policy will translate into better surveillance and detection of water and blood-borne hepatitis viral infections in various regions.

Availability of safe and potable water, early screening, vaccination and prevention of misuse of disposable needles and syringes will help to eliminate treatable viral hepatitis.

Easy availability of the newly discovered drugs at a reasonable price will help to make India free of viral hepatitis by 2030

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DNA Profiling And Associated Concerns


Why in news? According to the National Crime Records Bureau, only about a quarter of rape cases ended in

conviction in 2016. These rates are low in other countries too. The outrage over these attacks has reinforced the belief that India needs a sex offenders’ database

or a DNA database of those accused and charged with rape. However building a DNA database is not easy, and it does not always offer justice, and is an ethical

landmine. Concerns regarding using DNA profiling Civil liberties and rights:

Protecting innocent people’s privacy and their civil liberties and rights are the main concerns e.g. the police sometimes may use DNA dragnets whereby all the people in a community are persuaded to give their saliva or blood in order to identify a possible suspect amongst them.

Such samples later get included in forensic DNA databanks, thus violating people’s civil liberties. Planting of DNA:

Planting of DNA in a crime scene, misinterpretation of tests, and errors in analyses is another cause of concern regarding DNA profiling.

Phantom DNA:

Everybody leaves traces of DNA in numerous places, as cells are shed, leading to ridiculous mistakes such as the Phantom of Heilbronn (when the German police admitted that a woman they were searching for more than 15 years based on DNA traces at crime scenes never in fact existed).

DNA data mining:

Dangers of misuse as how our digital data is being used by Data mining companies today. Targeting of particular groups:

Targeting of particular communities, groups based on race, ethnicity or color etc. Unethical ways of DNA collection:

In a number of cases, the police may follow persons they suspect and then gather their DNA secretly (for example, by taking a bottle or cup they were drinking from) and without warrants.

Collecting this so-called “abandoned DNA” has been challenged as being clearly unethical and unlawful.

Police bias towards minorities: Law enforcement is responsible for gathering DNA for forensics, and police bias towards minorities leads to the latter’s over-representation in the DNA databanks

Chance of False positive increases with number

Experience with the U.K. and U.S. databanks has shown that having more innocent people’s DNA stored increases the chances of a false positive and has not increased the chances of finding a guilty match.

Amidst these concerns then the question arises: How can DNA information be used in a way that respects the rights of people and their privacy?

It is absolutely essential that the people from whom DNA is taken give their informed consent; taking DNA surreptitiously should be prohibited.

A court order should be required for obtaining DNA without informed consent and the DNA should only be compared with the crime scene DNA for the suspect.

Those who are cleared for a crime should not have their DNA information stored, and DNA gathered from offenders should be destroyed after identification so that such information is not used for profiling in future.

A court order should be necessary to access medical records for genetic data.

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Biological Disasters

Relevancy: GS Prelims, GS Mains paper III Disaster management, Biological disasters, biological agents as agents of mass destruction, WMD

Why in news? NDMA conducted its first-ever Mock Exercise on Bio-Disasters at Patna airport

What are Biological disasters?

Biological disasters are causative of process or phenomenon of organic origin or conveyed by biological vectors, including exposure to pathogenic micro-organisms, toxins and bioactive substances.

They may cause loss of life, injury, illness or other health impacts, property damage, loss of livelihoods and services, social and economic disruption, or environmental damage.

Examples of biological disasters include outbreaks of epidemic diseases, plant or animal contagion, insect or other animal plagues and infestation. Biological disasters may be in the form of:-

Epidemic affecting a disproportionately large number of individuals within a population, community, or region at the same time, examples being Cholera, Plague, Japanese Encephalitis (JE)/Acute Encephalitis Syndrome (AES); or,

Pandemic is an epidemic that spreads across a large region, that is, a continent, or even worldwide of existing, emerging or reemerging diseases and pestilences, example being Influenza H1N1 (Swine Flu).

Biological Agents as Causes of Mass Destruction:

Whether naturally acquired or artificially introduced, highly virulent agents have the potential of infecting large numbers of susceptible individuals and in some cases establishing infectious chains.

The potential of some infectious agents is nearly as great as that of nuclear weapons and, are therefore, included in the triad of Weapons of Mass Destruction (WMD): Nuclear, Biological and Chemical (NBC).

The low cost and widespread availability of dual technology (of low sophistication) makes BW (Biological Weapons) attractive to even less developed countries.

In addition, advances in biotechnology have made their production simpler and also enhanced the ability to produce more diverse, tailor-made agents.

Biological weapons are different from other WMD as their effects manifest after an incubation period, thus allowing the infected (and infectors) to move away from the site of attack.

The agents used in BW (biological warfare) are largely natural pathogens and the illnesses caused by them simulate existing diseases.

The diagnosis and treatment of BW victims should be carried out by the medical care system rather than by any specialised agency as in the case of the other two types of WMD.

Another characteristic of some of these attacks, e.g., smallpox, is their proclivity to set up chains of infection.

The production and use of biological agents is simple enough to be handled by individuals or groups aiming to target civilians.

Thus, BT is defined by CDC as, ‘the intentional release of bacteria, viruses or toxin for the purpose of harming or killing civilians’.

Sources of Biological Agents:

Theoretically, any human, animal or plant pathogen can cause an epidemic or be used as a biological weapon.

The deliberate intention/action to cause harm defines a biological attack.

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A wellknown example is the incident in the USA where members of a religious cult caused gastroenteritis by the use of Salmonella typhimurium.

The organism causing the illness was such a common natural pathogen, that, only the confessional statements of the perpetrators (when the cult broke up) revealed the facts.

However, certain characteristics need to be present for an organism to be used as a potential biological agent for warfare or terrorist attack.

Of these, anthrax, smallpox, plague, tularemia, brucellosis and botulinism toxin can be considered as leaders in the field.

It is the causative agents that have to be catered for in the context of BT at all times.

The use of agents that target livestock and crops could be as devastating as human pathogens, in terms of their probable economic impact on the community

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SECURITY

Bastariya Battallion

Relevancy: GS Mains paper III Governance, Internal security, problem of naxalism, Left Wing Extremism (LWE), Salwa Judum,

Bastariya Battallion, Battallion 241

Why in news? 'Bastariya' battalion of the CRPF, created for the first-time with more than 534 tribal youths from

Chhattisgarh was commissioned by the Union Home Minister Rajnath Singh What comprises the new force?

The Bastariya Battallion comprises of local recruits from 4 ditricts of undivided Bastar: Sukma, Dantewada, Narayanpur and Bijapur.

The battalion has 33 percent representation of women combatants with 189 'mahila' constables.

The recruits have been trained for about 44 weeks in jungle warfare, weapons firing, map reading, police laws and unarmed combat.

The concept to raise the team was mooted with the aim that the recruits, mostly tribals, will help address local issues such as unemployment, provide tactical advantage to CRPF in operations, intelligence collection and language benefits.

What are the special features of the force?

The battalion is familiar with the local terrain and language as the personnel have been recruited from the local districts.

It has been commissioned in order to fight with the Maoists in region.

It will also help bridge the disconnect between the CRPF, which comprises personnel from all over the country, and the local population.

What are the concerns about it?

It revives memories of the Salwa Judum, the now disbanded militia force. About Salwa Judum:

Salwa Judum was mobilised in 2005. Many of the volunteers were former Maoists.

Those in favour of the idea claim that the Judum was a “spontaneous uprising” of tribal people against Maoist violence in Bastar, and helped in countering Naxals in the region.

Yet, by the time the force was banned by the Supreme Court in 2011, it had acquired a bloody and controversial reputation.

The state government allegedly supplied arms and tacit support to the Judum, which had turned into a vigilante group, recruiting poorly trained youth as “Koya Commandos”, or “SPOs (Special Police Officers)”.

There were many allegations against the Judum: entering and burning villages, sexual assault, murders etc.

The local population had two choice: either to join Judum or be declared as Maoists.

Many people were displaced to the nearby states of Andhra and Telangana, never to return back to their homes.

Activists argue that the New Bastraiya Battallion may bring back the terror of now disbanded Salwa Judum.

It is like pitting tribal against the tribals and giving an option between life and death to the local people.

What is the difference between Salwa Judum and Bastariya Battallion?

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The main difference is between the training.

The latter has been given a 44 weeks training which included not just modules on jungle warfare and weapons training, but also civic responsibilities and human rights.

They are CRPF constables like any other, and not a vigilante group.

The presence of locals will increase the sensitivity of the CRPF, especially with one-third of the recruits being women.

Conclusion:

The scars that the Salwa Judum left behind in Bastar are deep, its wounds have still not completely healed.

The success or failure of the Bastariya Warriors in Chhattisgarh will be judged not only by their “operational successes”, but also by their human rights record.

They should be and will be under constant scrutiny of civil society, the media and, most importantly, the adivasis who live in the forests in Bastar’s conflict zone.

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INTERNATIONAL AFFAIRS AND GLOBAL ISSUES

India Vs Pakistan: The Power of Deterrence

Relevancy GS Mains Paper-2

Why in news? Earlier this month, India marked the 20th anniversary of the nuclear tests at Pokhran.

What is the context?

The Pokhran nuclear tests signaled the de facto status of India as the sixth nuclear power nation of the world.

On May 28, 1998, just a fortnight after India’s tests, Pakistan responded with a similar nuclear test, marking its emergence as a rival nuclear power to India.

How the balance of strategic nuclear power has evolved over the past two decades?

First, it is clear that Pakistan’s assertion of nuclear parity and India’s ‘no first use policy’ for its nuclear weapons provided Islamabad with the power of deterrence.

‘Deterrence’ in this context implies one side discouraging the other from undertaking an action by instilling a fear of disproportionate consequences.

In the nuclear context, deterrence is a powerful force because of the overwhelmingly destructive nature of these weapons.

Pakistan’s nuclear test in response to India was a case of the country deterring India from undertaking any major action, conventional or nuclear, against it, even if the situation demanded it.

Being a responsible state which values the life of its citizens, India couldn’t afford to risk a nuclear strike by Pakistan in the face of Indian escalation, especially as India likely believed Pakistan’s intention of using its nuclear arsenals, including “theatre nukes”.

In this context, nuclear weapons programmes reduce the power gap between two unequal conventional weapon states.

Under multiple game-theoretic scenarios, the deterrence effect of nuclear weapons makes nuclear war less likely.

Issue of responsible use-Some argue that a less responsible nuclear state is likely to intimidate a more responsible one by threatening to use nuclear weapons against the latter without fearing its own annihilation, in the event of a massive retaliation.

Issue of cost which, in the case of emerging countries such as India and Pakistan, is considerable. Conclusion: The past few decades of a nuclear South Asia have not only been a story of nuclear deterrence, but also of proliferation and an arms race that has consumed on a vast scale scarce resources that could arguably have been deployed for non-military, welfare purposes

New realities of Indo-Russia relations

Relevancy GS Paper -2 (International Relations)

Why in news? Indian PMs met Russian President and set a new normal in his foreign policy outreach. Like Wuhan meeting with Chinese President Xi Jinping, the Sochi visit was aimed at resetting and

rebalancing bilateral ties that have weakened over the past few years.

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The special understanding between India and Russia has frayed, with India drifting closer to the U.S. and Russia to China.

What called for this meeting?

The meeting premised on a number of new realities facing India.

India’s existing dependence on Russian military hardware, with orders for about $12 billion more in the pipeline, must not be jeopardized at any cost.

These have been made more difficult by a new U.S. law (Countering America’s Adversaries through Sanctions Act) that would hit India’s big-ticket hardware purchases and energy deals from Russia, and Mr. Modi would have wanted to reassure Mr. Putin that India will not bow to such pressure.

Russia’s recent military exercises and helicopter sales to Pakistan as well as its outreach to the Afghan Taliban have been viewed with deep concern by India, which has sought to extract assurances that this would not in any way hurt its national security interests.

The new push to strengthen ties is driven by the global instability that the Donald Trump administration has set off.

India appears to have decided it can no longer depend on consistency in the U.S.’s foreign policy. What is the way forward?

As a result, the recalibration of Mr. Modi’s foreign policy from its perceived Western tilt to a more even-handed approach of aligning with all in India’s interests is welcome.

Informal summits of the kind in Sochi and Wuhan are also useful to break the ice and reset relations when needed.

But a comprehensive shift in foreign policy must be accompanied by greater transparency. Conclusion:

The official outcomes of the informal summits that India and China will cooperate in Afghanistan, while India and Russia will coordinate on the Indo-Pacific.

Both have hitherto only been referenced in India’s ties with the U.S. and its allies, Europe, Japan and Australia.

Without clarity, at a time of global flux India may appear to be attempting to travel in two boats at once.

Indo- Australian Relationship

Relevancy GS Paper-2

Why in News? Ms Julie Bishop, Australian foreign affair minister, talked about the deepening economic and

strategic relation between India and Australia. She insisted to achieve an open, inclusive and prosperous Indo-Pacific region in which the rights of all

states are respected. Indo-Pacific embraces India and the nations of the Asia Pacific not just geographic description but

the strategic and economic dynamics of our broader region. What is Quadrilateral Security Dialogue?

The Quadrilateral Security Dialogue is an informal strategic dialogue between the United States, Japan, Australia and India that is maintained by talks between member countries.

It is a natural extension of these mini-lateral relationships and one of the important sub-groupings in the Indo-Pacific.

How will this security dialogue benefit the four nations?

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It will allow the four nations (Japan, Australia, India and US) to discuss all matters of common interest.

Australia already has a trilateral strategic dialogue with the U.S. and Japan.

Australia will engage with partners to shape region at a time of geostrategic and technological and economic change.

Australia pulled out of the Quadrilateral Security Dialogue years ago. The Labour government that pulled out because of apprehensions over how this might play out with Australia’s economic relationship with China.

Australian government said that they undermine the importance of India and said that India has significant strategic partner for Australia and share converging interests, particularly in the Indian Ocean.

Australian government has pointed out that relationship with India is at stronger pace based on these key pillars:

1. Security cooperation 2. Economic engagement 3. People-to-people links

Indian and Australian government has expanded greatly in the field of security and defense relationship.

Australia government has joint exercises across all three services and we’ve most certainly got a shared interest in maritime security, upholding international law, regional stability and countering violent extremism.

India is becoming increasingly integrated with the economies of East Asia and North Asia. Which are the various exercises going on at present? Malabar naval exercises

Malabar is a bilateral exercise between India and the U.S., and Japan where Australia wasn’t invited to join the exercise.

Austria minister said that they possess interest in joining Exercise Malabar but was not giving priority to the deepening of our bilateral exercises.

She said Australia and India are natural defense partners. Both the country conducted the second iteration of the bilateral navy exercise AUSINDEX in June 2017.

AUSINDEX is a bilateral exercise aims to enhance interoperability and professional interaction between Australia and India for strengthening defense cooperation between both countries.

Australia and India also maintain a regular programme of dialogue and reciprocal ship visits.

Australia has envisaged its engagement with Asia as ASEAN’s which is central to regional architecture.

The U.S. has been the dominant power in Australia but in current scenario the relative strategic weight of China and other regional powers, including India, is growing in the region.

The national security statement of recent times speaks about the Indo-Pacific as an area of significant priority for U.S. foreign policy.

India Economic Strategy

India is already seventh largest trading partner in terms of two-way trade.

Australia has focused on ensuring India as a priority economic partner. The Strategy of India Economic Strategy includes:-

Identifying practical measures

Deepening trade and investment ties

Building on similarities between our economies

Providing a roadmap to cement Australia as a priority economic partner for India out to 2035.

India Economic Strategy will have a discussion between prime minister and the National Security Committee to give it a final shape.

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Education

Australia has emerged as a major destination for Indian students. But majority of Indian students who arrive have opted to getting employed there as they finish their course.

This reflects the employment opportunities that Australia has offer.

Australia has provided a flagship programme called New Colombo Plan to supporting more Australian students to study abroad this is much more two-way exchange than there has been in the past.

Scholarship scheme

The New Colombo Plan is providing opportunities for Australian undergraduates to undertake part of their study in a country in our region.

Forty locations have partnered with Australia on the New Colombo Plan and so Australian students have this opportunity to live, study and undertake internships.

It will give them an unparalleled opportunity to understand the region in which we live, become more aware of the culture, political, economic, social side of the countries in the Indo-Pacific and enable them to create networks and lifetime connections

India-Australia nuclear agreement

Australia is an important partner to supply uranium to India. The first sample for testing took place in July 2017.

Australia has a framework for uranium producers to engage with Indian uranium customers.

Australian government remains prepared to support commercial shipment to India.

When U.S. pull out deal from the Iran, Australia has recognized that it’s by no means a perfect agreement but in the absence of a viable alternative, they have supported the Joint Comprehensive Plan of Action.

Paris-Delhi-Canberra axis

France has called for the creation of a new strategic alliance among France, India and Australia to respond to challenges in the Asia-Pacific region and the growing assertiveness of China.

France had talked about a Paris-Delhi-Canberra axis, as a regional structure. In regards to this the Australian government forecasted a positive response to it.

France has interests in both the Indian Ocean and the Pacific Ocean.

Australia and India have complementary interests in the Indian Ocean.

Australia is considered its cooperation through the Indian Ocean Rim Association, where Australia and India are members and France is a dialogue partner

France have mooted for the idea of a three-way partnership which include Australia, India and France in relation to the Indian Ocean.

Regional Connectivity Developments In Asia & Their

Significance


Why in news? India declined to endorse China’s Belt and Road Initiative (BRI). However the regional connectivity projects between India and China will continue to benefit south

Asian region. What are the regional connectivity developments happening in Asia?

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Indo-Myanmar- Thailand Trilateral Highway

India, Thailand and Myanmar are working on about 1,400km long highway that would link India with Southeast Asia by land.

This highway will give a boost to trade, business, health, education and tourism ties among the three countries.

Bangladesh-Bhutan-India-Nepal (BBIN)

It is a motor vehicles agreement which has seen a positive development recently.

It proved the ambition of establishing physical connectivity among the smaller states of South Asia through India can eventually be realised.

China Pakistan Economic Corridor (CPEC)

It is a collection of infrastructure projects that are currently under construction throughout Pakistan. Belt and Road Initiative (BRI)

It is a development strategy proposed by China, focuses on connectivity and cooperation between Eurasian countries.

Why regional connectivity is important for Asia?

Poor connectivity is the major reason why intra-regional trade is among the lowest in South Asia.

South Asia, with its 1.8 billion population is only capable of conducting around 5% intraregional trade as connectivity remains a constant barrier.

Non-tariff barriers (NTBs) continue to plague the region and addressing infrastructure deficits can do away with 80% of the NTBs.

Thus Connectivity can significantly improve people-to-people interaction leading to better understanding, greater tolerance and closer diplomatic relations in the region.

What are the concerns with regional connectivity in Asia?

States in South and Southeast Asia are involved in multiple regional initiatives led by India and China but are unable to get the benefit due to their slow progress.

The South Asian Association for Regional Cooperation remains moribund with little hope of it becoming functional in the near future.

The Bay of Bengal too remains among the least integrated regions in spite of having immense potential of enhancing trade through utilization of its ports and waterways.

The India-led Bay of Bengal Initiative for Multi-Sectoral Technical and Economic Cooperation (BIMSTEC) involving Bangladesh, Bhutan, India, Myanmar, Nepal, Sri Lanka, and Thailand, has made little progress.

Thus many smaller states are losing out and having to pay the price of missed economic opportunities due to the actions of the two Asian giants.

If BRI, BIMSTEC and BBIN were developed through coordination and consultation led by the two Asian giants, the projects under the schemes could have been implemented more efficiently.

What measures are required to address such issues?

With the minimum required cooperation in pursuing regional initiatives, India and China can significantly enhance trade, investment and connectivity in the region.

India-China has an opportunity to forge a pragmatic understanding on the efficacy of regional initiatives through greater communication, enhanced cooperation and better coordination.

Women Migration- The New Trend


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Why in news? A UN report says India is on the “brink of an urban revolution”, as its population in towns and cities

are expected to reach 600 million by 2031. What is the issue?

Women constitute a considerable share of urban migrants, but governments seems blind to their concerns.

The policy makers need to model plans for enhancing the lot of migrants in general and urban-women migrants in particular.

How women migration is developing?

A recent UN report says India is on the “brink of an urban revolution”, as its population in towns and cities are expected to reach 600 million by 2031.

Fuelled by migration, megacities of India (Delhi, Mumbai and Kolkata) will be among the largest urban concentrations in the world.

Interestingly, the 2011 Census reveals that women constitute a major share of the urban migrant population, which is a new trend.

Marriage-induced migration continues to be the predominant reason for the overwhelming presence of women among migrants.

But its importance has declined post liberalization as export-oriented economic development has created demand for women labor.

An “India spend analysis” shows that women migrating for work grew by 101%, which is more than double the growth rate for men, which stands at 48.7%.

However, both the Census and National Sample Survey Office (NSSO) have failed to capture this growing trend of women’s work related migration.

Consequently, such surveys treat women as secondary earners and ignore her other motivations for migration and her labor participation post migration.

What are the concerns?

Internal migration is currently very high but governments continue to exclude migrants from urban development policies.

Even the enactment of “Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act” hasn’t yielded desired results.

Female migration trends have not yet recognized women as economic actors, thereby their experiences in migration remains unexplored.

They are largely seen as either secondary labor force or mere family baggage that is merely accompanying their male counterparts.

Migrants in general are faced with challenges in getting basic documentation done, accessing social entitlements and financial services.

Women migrants are further disadvantaged as they are underpaid at work, vulnerable to sexual crime, and face maternity related complications.

Hazardous work environments further their woes, and a good percentage of women workers face “respiratory illness, ergonomic problems (body aches), mental and reproductive health issues.

How to proceed?

Recognizing that women migrants have a right to equal access to employment, adequate income and social protection is primarily needed.

There should be better data collection to capture the complex dynamics of gender-specific migration to help the state respond better to their needs.

We need to enhance vocational training programs to improve employability of women migrants and their access to support services.

Kerala has initiated to provide insurance and free medical treatment for its 30 million migrant workers, which needs to be emulated by others.

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The political inclusion of migrants would also democratize urban governance and ensure the building of cities on the basis of gender equality.

Israel-Gaza strip and US

Relevancy G.S Mains Paper 2(International Relations)

Why in news? There was an intense protest by Palestinians at the Israel-Palestine border along Gaza Strip, which

was crushed brutally by Israeli forces. This is the result of United States recognisation of Jerusalem as the capital of Israel despite its keenly

contested status in the Israeli-Palestine dispute. What has led to the current situation?

Palestine is presently confined to two disjoint landmasses namely “Gaza Strip and West Bank”. They are separated by Israeli Territory.

Jerusalem has been completely under Israeli control since 1967.

Israelis consider Jerusalem as their eternal capital.

Israeli PM Benjamin Netanyahu has his office in the city, and it is the seat of Israel’s Parliament and Supreme Court.

Almost all other countries see Jerusalem as a disputed city, and its final status is to be decided based on the outcomes of Israel-Palestine peace.

In December 2017, US President Donald Trump broke away from the long standing US policy to recognize Jerusalem as the capital of Israel.

Subsequently, the US embassy was shifted to Jerusalem on the 70th anniversary of Israel’s founding in 1948.

This change in status quo angered Palestinians, which is what led to the current wave of protests and counter responses.

Palestinian Protesters rushed en-masses towards the Gaza border and seemingly intended to cross over into Israel.

They were advancing based on call by Islamic clerics to charge on Jerusalem or martyr in that endeavor.

Sadly, the crack down on protests by Israeli border forces was particularly harsh and resulted in the death of over 60 people.

In this backdrop, the Hamas Militia that currently wields power in Gaza has given a war cry against Israel and vouched aggression.

How did Jerusalem become a disputed territory?

The city of Jerusalem is holy to Christians, Muslims and Jews.

“The Temple Mount” in the city is the holiest site in Jewish religion and Jews from across the world come to pray Western Wall of the Biblical temple.

“Al-Aqsa mosque”, which is Islam’s 3rd holiest site after Mecca and Medina is also located within the city.

“Church of the Holy Sepulchre” in Jerusalem is thought to be the site of Jesus Christ’s Resurrection, thereby making it holy for Christians too.

Partition War - In 1947, United Nations approved the division of British-ruled Palestine into separate Jewish and Arab states.

Given the unique religious holiness of the city, Jersulaem was proposed as a territory that was to be government by a ‘Special International Regime’.

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But the Arabs rejected the UN plan in its entirety and attacked Israel the day after it was created in 1948, but were defeated in the endeavour.

Consequently, Israel took control of West Jerusalem, and Israelis declared Jerusalem as an inseperable part of the state of Israel.

But in the conflict, East Jerusalem, which has the Old City and all the holy sites came under Jordanian occupation (Pro-Arab forces).

How did Israel take over the entire Jerusalem?

Gamal Abdel Nasser of Egypt announced in 1967 that he would close the Strait of Tiran, which was critical for Israel’s access to Red Sea.

Consequently, Israel attacked Egypt, which began the fiercely fought 1967 Arab-Israel war, with entire Arab world on Egypt’s side.

Despite Israel coming under attack on all sides from Syria, Jordan and Egypt, it took only 6 days for Israel to decimate its enemies comprehensively.

At the end, Israel snatched the Gaza Strip and Sinai from Egypt, West Bank and East Jerusalem from Jordan, and Golan Heights from Syria.

The victory fired the Israeli morale immensely and the takeover of east-Jerusalem facilitated Jews from praying at the Western Wall (Temple Mount).

How is it in Jerusalem since then?

Subsequent Jewish polity reinforced that the idea of Jerusalem is at the heart of the Israeli identify, through outreach programs to its citizenry.

An Israeli law in 1980 declared the entire city of Jerusalem as the capital of Israel, thereby virtually annexing an occupied territory.

Peace between Israel and Palestine were negotiated with Norwegian mediation and the Oslo Accords were signed in 1993.

While these accords created a Palestinian Authority for the West Bank and Gaza Strip, it did not address the status of Jerusalem.

Palestinians see Jerusalem as their capital city, but the UN recognizes only East Jerusalem as Palestinian territory.

Notably, this is according to the 1947 border that was proposed by the UN in the partition deed for British ruled Palestine.

Contrarily, hardliner Jewish nationalists have vowed to retain their current occupation of the entire Jerusalem as Israel’s capital forever.

US president Trump’s recognition of Israeli claim over Jerusalem will weaken the Palestinian perspective.

But given the intense sentimental value associated with the city, it will nevertheless remain contested for the foreseeable future.

Iraqi Election and its outcome


Why in news? Elections were concluded in Iraq. The Sairoon party under Shia cleric “Muqtada al-Sadr” has emerged as the single largest party. Mr.Sadr’s inclusive domestic agenda is comforting; however coalition compulsions and international

hostility against him might create political uncertainties. How did the elections proceed in Iraq?

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Sairoon’s Campaign and his party shed his previously sectarian image and campaigned on social justice and government failure.

Iran’s deepening influence in Iraq was opposed from a nationalist perspective and alliances were made with liberals and communists.

The incumbent PM Haider al-Abadi’s Victory Alliance based his campaign on the successful war under his leadership against the ISIS.

The Al-Fatih coalition, who leaders have close ties with the Iranian establishment had campaigned on a pro-Shia agenda. ‘

Notably, Iraq’s political landscape is critical for Iran in the midst of the current challenges in West Asia and its ongoing tussle with the US (nuclear deal).

Result - Mr. Sadr’s Sairoon bloc emerging as the largest coalition in the 329-member Iraqi parliament, with 54 seats.

Mr. Abadi’s alliance came third with 42 seats while the pro-Iranian Al-Fatih coalition secured 47. What does the result suggest?

The parliamentary election results of Iraq marked a remarkable comeback for Muqtada al-Sadr, the nationalist Shia cleric after many years.

Interestingly, he had been sidelines by the Iraqi establishment and its Iranian backers and was seen as an enemy by the U.S. too.

Mr. Sadr’s success is largely a surprise and suggests that his inclusive narrative is gaining popularity even as Iraq is still to recover from recurring wars.

Electoral success of Sairoon bloc is certainly a good sign for Iraq, but it may not be easy for Mr. Sadr to convert this into a sustained political win.

This is because no bloc has absolute majority, and a new government will have to be formed through political negotiation.

Considering the political constrains, it is also not clear if the Sairoon bloc will be able to put up its candidate for Prime Minister-ship.

What are the concerns of Iran?

Iran would be wary of Mr. Sadr’s rise, as he has been engaging the Saudis lately and is also critical of Iranian interventions in Iraq.

Notably, he had also demanded “Iran-trained popular militias” that are fighting the ISIS in Iraq to merge with the Iraqi National Army.

Besides, his Iraqi nationalism contradicts the cross-border Shia brotherhood that Iran is trying to promote in order to gain regional influence.

However, it is not in Iran’s interest to trigger further chaos and aid the growth of violent militant groups.

Hence, despite the bad blood between them, both sides might possibly find some common ground for rebuilding Iraq.

How does the future in Iraq look like?

Iraq is a complex multi-sect society that needs to see the rise of cross-sectarian political forces in order to be stable and ensure lasting peace.

In this context, Mr. Sadr’s broad-based politics offers considerable hope.

Notably, the incumbent PM Mr. Abadi has already offered support for a peaceful transition of power, which is another positive.

If there isn’t too much tampering from outside the borders of Iraq, then the future looks promising for the 1st time since the 2003 U.S. invasion.

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GDPR- What and How


Why in news? The European Union has declared the deadline for the compliance of General Data Protection

Regulation (GDPR). What is GDPR?

GDPR redefines the understanding of the individual’s relationship with their personal data.

It relates to an identifiable living individual and includes names, email IDs, ID card numbers, physical and IP addresses.

This law grants the citizen substantial rights in his/her interaction with

Data controllers - Those who determine why and how data is collected such as a government or private news website.

Data processors - Those who process the data on behalf of controllers, such as an Indian IT firm to which an E.U. firm has outsourced its data analytics.

How GDPR works?

Definition of Data and Entities –

Any company offering back-end services to companies operating in the EU or elsewhere, if they are receiving EU resident data, may fall within the definition of a processor under the GDPR.

Under GDPR a data controller will have to provide consent terms that are clearly distinguishable.

The GDPR also requires data collectors to provide information on the ‘who’ and ‘how.’

Individuals will also have the right to have personal data deleted under certain conditions. Stronger obligations –

Under GDPR, data breaches have to be reported within 72 hours and failure to comply with the new laws could result in a fine up to 4% of global turnover or maximum amount of fine 20 million Euros.

It mandates the concept of ‘privacy by design and default’ and creates categories of data privacy compliance that never existed earlier.

Higher Autonomy –

The GDPR has global implications as it applies to those outside the E.U. who either monitors the behavior of EU residents or sell goods and services to them.

By which it empowers EU statutory authorities to impose heavy administrative fines and to impose bans on data processing, ordering rectification, restriction or erasure of data and suspending transfers to certain countries.

What is the difference between GDPR & Indian IT laws?

Under India’s existing data protection regime, only one legislation, the Information Technology Act, 2000 (the IT Act) has attempted to deal with data protection in a comprehensive manner.

The IT (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules 2011 (The IT-RS Rules) under the IT Act seek to address data privacy issues.

However, the granularity of detail at which the GDPR addresses data protection compliance is hard to compare to the approach taken by the IT-RS Rules.

The GDPR commits five detailed provisions to the essentiality of lawful consent for processing data and factors to determine whether consent was lawfully obtained.

The language of the GDPR indicates that consent is interwoven through most of its important provisions, making it a key foundation of GDPR compliance.

Thus there are certain aspects of the GDPR which are not reflected anywhere in the IT-RS, such as the adoption of a rights-based approach to data privacy.

What makes GDPR relevant for India?

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The GDPR is being adopted at a time where SC recognized the concept of informational privacy and noted that legislation should be enacted to ensure enforceability against non-State actors (private entities).

By this there are indications that future data protection legislation in India will share several commonalities with the GDPR.

From this perspective, GDPR compliance may be considered an opportunity for Indian companies to achieve early compliance with potential Indian data privacy legislation.

Rising Oil Prices and associated concerns


Why in news? The international benchmark for oil prices crossed $80 a barrel touching the highest level since 2014.

The concerns associated with rising oil prices:-

Brent, the international benchmark for oil price is almost three times the cost in early 2016 when it was $29 a barrel.

The trend may continue in the coming weeks and months, according to most reporting on oil.

Rising oil prices could cause significant inflation, dampen economic growth and alter geopolitics in multiple ways.

Why increase in oil prices?

U.S. Administration’s decision to withdraw the country from the Iran nuclear deal is one major decision at the moment.

Sectors such as financial and banking, underwriting services, insurance, shipping and shipbuilding and port operation will come under US sanctions all of these will influence oil trade.

US administration is also threatening unstable Venezuelan economy which is dependent on petroleum exports with new sanctions.

Oil prices are also driven up by coordinated action by Russia and Saudi Arabia to keep supply on a tight leash.

The heightened instability in West Asia in the form of Saudi Arabia-Iran rivalry and the looming possibility of new military conflicts add to this.

How did the global economy react to the US decision?

European countries, Russia and China, who are part of the Iran deal, have said they will not participate in American sanctions.

It is unclear how far European companies could withstand American pressure and continue trade with Iran.

French oil company Total has announced that it will halt a natural gas development project in Iran unless it receives a waiver from the U.S. government.

China will continue to buy from Iran and so will India, even if in reduced quantities. How will this impact India?

India imports significant quantities of oil from Venezuela and Iran.

The full impact of re-imposition of sanctions on Iran will have a serious impact on Chabahar port in Iran which was built with Indian aid.

Instability in oil prices could help America’s strategic rivals Russia and China.

Russia could benefit from higher prices in the international market.

China could get better deals in buying crude cheap from Iran as it could insulate the trade from secondary American sanctions.

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Higher oil prices could have mixed impact domestically in America due to increasing demands.

SINO- JAPAN Relationship- Past and Present


Why in news? China reaches out to Japan with high-level visits after years of mistrust. Lately, China has been extending olive branches to all its strained neighbours, in what could be seen

as its effort to shape the new world order. Why there has been tension between Japan and China?

Japan and China have one of the most tense, yet economically intertwined relationships, which have moorings in their shared histories.

Beijing also believes Japan is yet to properly atone for its brutal invasion of China in the run-up to and during the 2nd World War (1931 and 1937).

Additionally, Japan has stood firm with the US camp in the post-War alignment, thereby pitting it as an adversary of China on several occasions.

Territorial dispute over the Diaoyu/Senkaku islands in the East China Sea is another pressure point in the Sino-Japanese ties.

Why has Sino-Japanese cooperation been panned till now?

Nonetheless, Japan played a vital role in China’s economic rise, which saw the country transform from an agrarian to a manufacturing powerhouse.

Notably, China-Japan trade stands at about $350 billion (by comparison, India-China trade is merely $84.44 billion).

China has overtaken Japan as the world’s second largest economy and has also eclipsed it as a global geostrategic player.

The two countries also are competitors in the South East Asian theatre, as the region has emerged as an economically and strategically significant one.

What are the developments in Sino-Japanese ties that happened recently?

Recently, Chinese Premier Li Keqiang was in Japan on a three-day state visit, which was his first since taking office 5 years ago.

It was also the first top-level bilateral visit after the 2012 strain, which was caused over a chain of disputed islands that are claimed by both countries.

This thaw in was in the making for several months now, through multiple bilateral political and cultural engagements.

High level economic dialogue, which was stalled for over 8 years, has also been resumed, and a possible Beijing trip by the Japanese PM is on the cards.

The leaders are also said have engaged each other over the evolving dynamics in the Korean peninsula.

What is the scenario now?

An unpredictable U.S., North Korea and business interests are said to be driving the present bonhomie between the historical enemies.

Japan’s Worry - Trump’s America First policy and the tariffs he has slapped on some $60 billion worth of Chinese products have also impacted Japan.

Notably, Japan hadn’t managed to secure any concessions from US on the new duties on steel and aluminium imports despite being a strong ally.

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Japan also hopes to seek China’s aid to influence North Korea’s temporal leadership of Japanese concerns.

Many Japanese businesses have also invested in China, which calls for bettering equations to ensure better economic prospects for all.

China’s Case - The idea of Japan’s leader asking for support on North Korea plays well domestically as an example of Beijing’s international clout.

Moreover, given the simmering possibility of a trade war with the U.S., better ties with economic heavyweight Japan are also in China’s interests.

In addition, China is keen on getting Japan to play ball with its signature Belt and Road Initiative (BRI).

What are the outcomes of the current détente?

Japan-backed Asian Development Bank (ADB) is exploring co-financing projects with the Beijing-led Asian Infrastructure Investment bank (AIIB).

BRI - Although initially reluctant to participate in the BRI, Tokyo has presently signalled that it is not completely averse to the initiative.

But Japan has stressed that projects must meet the criteria of being “open, transparent, fair and economically feasible” if it is to participate.

In this way Japan can keep on the right side of China without necessarily committing to participation.

Uncertainty - Despite all these, current China-Japan alignment can be seen only as a provisional affair that is rooted in the geo-political realities.

While it is akin to a pause rather than a resolution of conflict, it is a positive development nevertheless, which needs to be welcomed.

Korean War of 1953 & India’s Role


Why in news? The relationship between “North and South Korea” has evolved drastically past months from

“complete hostility to strong cooperation”. At this juncture, it is important to note that India did play a vital role in effectuating the “Armistice

Agreement, 1953”, that ended the Korean War. A brief history of what happened:-

The beginning of the cold war saw the Soviet dispensation backing a communist regime in Korean peninsula’s Northern region.

But the US faction was backing a liberal government that eventually took control of the southern part of the peninsula.

The inter-Korean war lasted for three years between 1950 and 1953, which was a proxy war between USSR and the US.

Although a truce was reached in 1953 through the “Armistice Agreement”, both Korean regimes never officially ended the war till recently.

The agreement divided the Korean peninsula into two along the 38th Parallel (latitude) and also provided for neutral international peace patrol.

What role did India play?

India under Nehru was actively involved in negotiating peace in the Korean peninsula by engaging all the major stakeholders – US, USSR and China.

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Diplomacy - In late 1952, the Indian resolution on Korea was adopted at the UN with unanimous non-Soviet support.

But India rightly recognized any deal without the Soviets will fail and immediately flung into action to get them on board, which happened in 1953.

Ultimately, despite the rough international political climate, India succeeded in building consensus – which precipitated in the “Armistice Agreement”.

Effectuation - One of the follow-up actions to the Armistice Agreement was the establishment of a Neutral Nations Repatriation Commission (NNRC).

NNRC was to decide on the fate of over 20,000 prisoners of war from both sides and India was chosen as the Chair of the NNRC.

NNRC also had “Poland and Czechoslovakia” representing the Communist bloc, and “Sweden and Switzerland” represented the Western world.

A UN Command led by an Englishman and a Custodian Force from India (headed by Lt.Gen Thimayya) was also deployed in the inter-Korean border.

NNRC’s tenure ended in early 1954, and the Indian forces were praised internationally for executing the tough stabilising operations successfully.

Indian Abode - At the end of its work, the NNRC was left with over 80 prisoners of war who didn’t want to go to either of the Koreas.

As an interim arrangement, Nehru decided to grant them abode in India until the UN directive on their request is pronounced.

Although most settled in foreign destination like Latin America, some did stay back in India and lived their entire lives here.

India and Pokhran- II


Why in news? India celebrated two decades of the success of Pokhran- II nuclear tests conducted in 1998. India more or less achieved the envisioned strategic goals, but the road has not been smooth.

Why India pursued nuclear status?

A future India with nuclear weapons, which would provide for a strategic and military leverage, was hotly discussed in the 1980s.

The primary idea was off-set conventional Chinese military superiority and neutralise its nuclear arsenal.

Hence, India conducted 5 nuclear tests at Pokhran over 2 days in May 1998.

While the envisioned purpose has largely been achieved presently, the road hasn’t been smooth as multiple sanctions and restrictions had to be overcome.

What happened afterwards?

While several global powers reacted to Pokhran-II with fury, the permanent members of the UN Security Council were divided.

The US, China, and the UK were critical of India’s nuclear tests, but Russia and France were not in favour of sanctions.

Other notable powers who joined the US in imposing sanctions were -Australia, Canada, Germany, Japan, and Sweden.

The skilful diplomacy of Indian delegates and the political dispensation help India tide over the hostile international climate.

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Soon, the high officials of the US had come to the realisation of the inevitability of India’s nuclear pursuit (considering its neighbourhood).

Notably, India has fought wars with China and Pakistan and there were clear indications that developing nuclear deterrence was the only option for India.

India also declared that it would not be the first to use nuclear weapons – but asserted that its retaliation to a nuclear attack against it will be furious.

The implied that India’s nuclear arsenal will become active only when it has been attacked with nuclear bomb (No First Use Policy).

By around 2000, almost all international ties of India had normalised, which was an informal acceptance of India’s nuclear status.

Talks with the US began almost immediately after the 1998 tests, and the 2008 Indo-US nuclear deal can be called the comprehensive end of nuclear isolation.

India subsequently got the NSG waiver in September 2008, which was largely due to USA’s lobbying among NSG members.

Hence, India posses a nuclear arsenal (and hasn’t signed the NPT), but yet managed to gain entry into international civilian nuclear trade.

What is India’s current status?

India is now a member of three out of four multilateral export control regimes namely - MTCR, Wassenaar Arrangement, Australia Group.

It has been trying hard to gain entry into the “Nuclear Supplier’s Group” (NSG), which the export control block for nuclear resources and technology.

The adherence to the non-proliferation regime (by own volition) has improved its international standing over the past two decades.

20 years after Pokhran-II, India has demonstrated moral, political and legal standing to convey to the world that it plays by the rules.

India’s stand on issues like – “Paris Climate Accord, South China Sea dispute or counter-terrorism initiatives, also project it as a responsible power.

India’s Equation with China, Nepal & Pakistan


Why in news? India is moving swiftly to ease frictions with neighboring countries. However, no neighborhood policy can overlook India equations with Pakistan, which is presently not

on desirable terms. How has India China relationship evolved under Modi? China –

The new regime in 2014 started off the Indo-China diplomacy with much euphoria and personal touch, but things went off track soon.

In 2016, China blocked India’s bit to join the Nuclear Suppliers Group (NSG).

This was followed by China blockading India sponsored resolutions in the “UN Security Council” in order to protect Pakistan based terror outfits.

Additionally, China stopped sharing hydrological data on Brahmaputra river waters and reports emerged that China is building tunnels to divert water.

All these culminated in the 73-day stand-off at Doklam (Bhutan Sikkim China tri-junction), which saw a massive troop mobilisation on both sides.

India’s actions –

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India vociferously criticised China’s “Belt and Road Initiative” (BRI) as a project intended to create debt traps.

It also stepped with maritime engagements through the annual Malabar Navel Exercise involving U.S., Japan and India.

India also played a key role in establishing the Quadrilateral (Quad), which is a security arrangement among India –US – Japan – Australia.

Course Correction –

There currently seems to be a realisation on both sides that the risks of the downward spiral ties are in nobody’s interests.

Hence, leaders on both sides have moved swiftly to change the confrontational attitude and opt for a more fruitful cooperative engagement.

On that note, sustained high level engagements started off almost immediately after the Doklam crisis got diffused.

The Indian government was also conscious when it avoided the ceremony that marked the 60th Anniversary of Dalai Lama’s India arrival.

Also, Australia’s request for joining the 2017 Malabar Exercise (which took place near Chennai), was turned down to lower the rhetoric.

Recently, the Indian PM visited China and for a long and exhaustive informal meet that is said to have covered almost all aspects of Indo-China relationship.

Border patrols on both sides are said to have been instructed clearly to improve communications with the other side and avoid stand-offs.

Although no progress has been made regarding disagreements on the NSG and BRI issues, a visible softening of the overall equations seems palpable.

With three other international summits (SCO, BRICS, and G20) for the year already on the calendar, there is every indication for a sustained engagement.

What is the present situation with Nepal?

Mr. Modi’s visit in 2014 had generated considerable goodwill but subsequent decisions queered the pitch.

India’s public display of unhappiness with Nepal’s new Constitution and support for the Madhesi cause created ill-will.

Additionally, tacit Indian support was broadly suspected for the border economic blockade in the Terai region that disrupted essentials for Nepal.

All these had fed into an anti-Indian sentiment among them Nepali masses, something that Mr. K.P. Oli capitalised effectively in the election campaigns.

The victory of Mr. Oli was indeed a disappointment for India, but the government seems to have swiftly swung into action to undo the animosity.

A high profile delegation was sent to Nepal to congratulate Mr. Oli even before he was sworn in as PM, and an invitation to India was presented to him.

Mr. Oli seems to have taken these positively and had made India his first foreign destination – which is now the tradition for all Nepali PMs.

Modi is now expected to go to Nepal soon, which is again indicative of the fact that the tension of the past are fast waning.

There are expectations that the stalled Indian proposal for a Ramayana pilgrimage circuit linking Ayodhya and Janakpur in Nepal could be revived.

Significantly, while the expectations are being kept low, the optics of positive messaging are evident through the highlighting of cultural connections.

How India’s equation is changing with Pakistan?

With Pakistan too, the Modi dispensation began its rule with a positive outreach, which also attracted a good response from the Pakistani PM.

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Subsequent cross border terror attacks by Pakistani based terror outfits turned the initial friendship sour.

Also, the seeming reluctance of the Pakistani state to reign in the activities of anti-India forces on its soil further ruined the relationship.

The September 2016, India launched ‘surgical strikes’ to target terrorist bases in Pakistan (along the border), but this operation too proved ineffective.

Firing across the Line of Control (LoC) also intensified leading to higher casualties on both sides, both civilian and military.

The encounter killing of Hisbul Mujaheedin Commander Burhan Wani in Kashmir fuelled local radicalism in J&K – Pakistan is said to have aided this.

India stalled the South Asian Association for Regional Cooperation (SAARC) summit since 2016 in protest against Pakistan’s actions.

The Trump administration too seems to be largely sharing India’s outlook towards Pakistan, which has brought some cheer to Indian policy makers.

Minor fumbles in according comfort to the posted diplomats recently blew into a big controversy that saw actions and retaliations – which is concerning.

Elections are likely in July 2018 in Pakistan – but Nawaz Sharif is disqualified by the Supreme Court and there seems to be no strong alternative.

This only strengthens the Army’s position in determining the immediate political realities in Pakistan.

Significantly, Pakistan Army Chief Bajwa has been emphasising the need for improving relations with both India and Afghanistan.

The stalled “Track II Neemrana Dialogue” has been revived recently, which is a positive for both countries – which needs to be sustained till its logical ends.

Pakistan needs to address India’s core concerns like – 26/11 investigations, curtailing JeM and other anti-India groups and the Kulbushan Jadhav case.

Nepal tops in India’s ‘Neighborhood First’ policy


Why in news? PM Narendra Modi during his Nepal visit assured Nepal that it is at the top of India’s neighborhood

First Policy. What was the outcome of Prime Miniter’s visit to Nepal?

The present Indian PM has visited Nepal 3 times in his current term.

In Janakpur, Nepal, PM Modi said :

Nepal and India could benefit if they cooperated and worked together for the promotion of five Ts: Tradition, Trade, Tourism, Technology and Transport

Nepal and India not only shared border, aspirations, dreams and destination, but their happiness and challenge were also the same.

The Indian and Nepali PM jointly inaugurated a direct bus service between Janakpur and Ayodhya.This bus service would link Janakpur with the Ramayan Circuit.

The Indian PM announced a Rs100 crore package to develop Janakpur – a sacred city for Hindus in Nepal.

Mr Modi announced that two other circuits would be developed for the promotion of the areas related to Buddhism and Jain religion in both Nepal and India, which would help in generating employment for the youths.

What are the future plans of India and Nepal?

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India and Nepal underscored the need for linking Nepal and India through highway, I- way or Information, Railway, Trans way or electric connectivity, waterway and airway.

The two countries would try to connect Nepal with waterways so that Nepal will be able to export Nepali goods abroad and reap the benefits through international trade.

Build a railway link between Raxaul in Bihar and Kathmandu to facilitate people-to-people contact and movement of goods.

According to the Chief Minister of janakpur province, Lal Babu Raut, the open borders between Nepal and India have been instrumental in connecting the peoples of the two countries.

US-Europe & the Iran Nuclear Deal


Why in news? The United States pulled out of the Iran nuclear deal. This decision has complicated relations of US with EU and Britain.

How do EU and Britain see this withdrawal?

Britain is against the complete withdrawal of US from the nuclear deal with Iran.

It wants the US to work with its European allies.

It is of the opinion solutions to what US describes as flaws should be sought.

It prefers working around the existing deal rather than rejecting it outright.

France and Germany also seem to be taking a similar stance.

In a joint statement, the leaders of Britain, France and Germany emphasised their continuing commitment to the JCPOA.

What makes the deal significant for European countries?

Europe always had strong ties with Iran.

It had been Iran’s largest trading partner until the sanctions regime (2006 - 2010).

This role was however overtaken by China and the UAE.

The EU currently accounts for just around 6% of Iran’s trade.

But trade and investment had begun to recover swiftly since the 2015.

The deal with Iran and lifting of sanctions significantly contributed to this.

European firms have entered into investments in Iran.

European countries are thus particular in saving the deal in some form with Iran. What makes US crucial for Europe?

Britain has made plain eagerness to maintain strong ties with the US.

It is particular of a comprehensive trade deal with the US.

This is seen as one of the great deals for a post-Brexit Britain.

European countries have adopted an accommodating stance towards the US in the past.

It has received some special treatments from the US, in return, in the past.

E.g. exemptions (temporarily) accorded to Europe from the US global tariffs on aluminium and steel products.


Europe has presented a united front so far. It remains to be seen if this would continue with developments in the Iran issue.

Iran had indicated that Europe had “limited opportunity” to preserve the deal.

It has emphasized that the countries clarify their position and intentions.

This will inevitably force European countries to reassess their approach to the US administration.

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Iranian Deal, US pull out & its implications for India


Why in news? The U.S. pulled out of the “Iranian Nuclear Deal”. The move seems directed more towards bringing in a regime change than towards curtailing Iran’s

nuclear ambitions. What is Iranian Nuclear Deal (JCPOA)?

Joint Comprehensive Plan of Action (JCPOA) was a deal negotiated between “Iran and P5+1 Countries” during the Obama era in 2015.

P5+1 are the permanent five in UN Security Council (US, UK, France, Russia and China) and Germany.

The deal curtailed Iran’s uranium enrichment program, and opened up Iran’s nuclear facilities to international inspection.

The safeguards placed in the deal would have effectively deterred Iran’s touted Nuclear Weapons Program by at least a decade.

The deal was commended worldwide and there is currently every indication that Iran has strictly complied to it in letter and spirit.

But despite all these, the Trump administration unilaterally terminated JCPOA, with the allegation that deal was one sided and serves no purpose.

What led to the dismissal of the deal?

Two key US allies “Israel and Saudi Arabia” were very apprehensive of the 2015 Iranian Deal as it would lift the sanction on Iran.

Once sanctions are removed, there is every possibility that Iran would emerge as a economic power in the region – which they perceive as a threat.

Notably, provocative statements from the Iranian political dispensation over the years have convinced Israelis and Saudis to take a hard line against Iran.

A regime change is what they desire and Trump has largely pandered these aspirations even in his campaign trail in the run up to presidency.

What is the social situation in Iran?

Western media has been reporting frequent and large-scale demonstrations by Iranian people against the regime in recent months.

There are reports that the JCPOA hasn’t helped Iranian economy recover as fast as expected as many sanctions still persist, thereby making life difficult.

Inflation is high and economic inequality has only been getting worse, and these are only compounded by reports of massive corruption.

Religious faith is also said to be on the decline (reduced attendance at Mosques), which doesn’t spell good for a “Shiite theocracy” like Iran.

Notably, conversion to Christianity and, even to the Baha’i faith, which is the largest non-Muslim community in Iran has been noted.

While all of these suggest that a revolutionary upsurge, analysts’ have not been able to establish a possible timeline for such an occurrence.

US, Saudi and Israel are hoping to aid the build-up of this discontent by wanting a re-imposition of sanctions.

Such a move would further curtail Iranian economy and thereby help in enhancing public anger and frustration against the Iranian regime.

Hence, Trump is unlikely to listen to other stakeholders in JCPOA, who’ve vouched for the continuance of the deal.

How has the Iranian Government reacted to this?

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Iran has shown restraint for now and hasn’t called off the deal yet and has announced that it won’t enhance its uranium enrichment program for now.

It has also not called off the “International Atomic Energy Agency” (IAEA) inspections, which is mandated by JCPOA.

The regime has shown considerable maturity by stating that it would consult the other signatories before taking a call on further course of action.

As the US might put up the pressure on the other signatories to ditch the deal, it remains to be seen on how many of them will be willing to defy Trump.

Notably, Trump has his Republican Party strongly behind him on the Iranian issue and the Democrats are presently a divided house.

What are the international political implications?

US pullout has strengthened the hardliners and hence, current Iranian President Rouhani (a moderate) has no option but to take a defiant stance.

Iranians are proud of their heritage, and will stand behind their regime for now, but if their economic hardships escalate things might get tricky.

In the meanwhile, Iran will even more vigorously support the Bashar al-Assad regime in Damascus, in which it will be joined by Russia and Hezbollah.

Also, the Houthi rebels (Iranian allies) in Yemen will feel more emboldened to take on the Saudi-led coalition – which will make the Yemeni war worse.

Iran will also more directly intervene in Iraq and render the possibility of peace in Afghanistan even more difficult.

How is it going to affect India?

Despite India’s strengthening ties with Israel and US, India has given out a diplomatic statement disapproving US withdrawal from JCPOA.

Sanctions on Iran will impact India’s crude import bills, which is already strained due to increase in international oil prices (currently $80/barrel).

Notably, Iran is one of India’s major crude exporters.

India’s Chabahar project might also suffer some setbacks, which will result in business losses and also alienate Afghanistan (connectivity) from India.

Domestically, RBI will have to shell out its Forex to curtail and rupee depreciation and inflation (which are expected fallouts).

All this could slow the Indian economy – which would also prove costly for the government, which is heading towards elections in a while.

CAATS –What & Why


Why in news? The Countering America’s Adversaries through Sanctions (CAATS) Bill has been introduced in US

congress. What CAATS is?

Countering America’s Adversaries through Sanctions Act (CAATSA) aims to counter the aggression by Iran, Russia and North Korea through punitive measures.

The Act primarily deals with sanctions on Russian interests such as its oil and gas industry, defence and security sector, and financial institutions.

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The Act empowers the US President to impose at least five of the 12 listed sanctions enumerated in the Act on persons engaged in a “significant transaction” with Russian defence and intelligence sectors.

Two of the most stringent of these sanctions are the export licence restriction by which the US President is authorised to suspend export licences related to munitions, dual-use and nuclear related items.

It extends to the ban on American investment in equity/debt of the sanctioned person. Why CAATS is a cause of concern for India?

India has planned defense procurement from Russia which could potentially come under US sanctions under the Countering America’s Adversaries through Sanctions Act.

India is reliable much on Russia to strengthen its defense preparedness by equipping the armed forces with state-of-the-art arms

India since independence followed a policy of diversification for arms import which has led it to source weapons from more than two dozen countries.

Both in term of the number and value of contracts, the US is way ahead of other major suppliers, though Moscow still remains India’s predominant defense supplier.

It is needless to say that the bulk of the potent weapons in India’s arsenal are of Soviet/Russian origin and that some of these are not available for purchase from any other source.

What are the implications of CAATS over India?

If CAATS is implemented in its stringent form, is likely to affect India’s arms procurement from Russia in a number of ways.

It is likely to affect all the joint ventures (JVs) existing or planned between Indian and Russian defense companies.

The Act will also affect India’s purchase of spare parts, components, raw materials and other assistance from Russia.

Thus US authorities will try to influence their Indian counterparts to ignore the Russian platforms, though it is entirely up to India to make its own judgment.

Hague Convention: Inter-Country Child Abduction

Relevancy: GS Prelims, GS Mains paper I, II and IV Ethics, International conventions, the Hague convention on Civil aspects of International Child

Abduction, NRI issues, failed NRI marriages, Child Rights

Why in news? Justice Rajesh Bindal Committee has questioned the basic principles of the Hague Convention. The Hague convention deals with the on the Civil Aspects of International Child Abduction

Background:

The Justice Rajesh Bindal Committee was set up in 2017 to suggest a model legislation to safeguard the interest of the child as well those of the parents when an NRI (Non Resident Indian) marriage goes sour and one of the parents flees from one country to another with the child.

This is the case of inter-country parental child abduction. What are the recommendations of Justic Bindal Committee?

Justice Rajesh Bindal Committee has questioned one of the basic principles of the Hague Convention.

It has proposed that the return of the child to his or her habitual residence may not necessarily be in the best interest of the child.

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It adds that returning a child to the place of habitual residence may result in sending the child to an inharmonious set-up as well as overlook the fact that a mother is the primary caregiver of the child.

There is immense pressure on India from the U.S. to accede to the Hague Convention on the Civil Aspects of International Child Abduction, which is a multi-national treaty that seeks to protect children wrongfully removed by one of the parents from the custody of the other parent.

At the heart of this treaty is the criterion of “habitual residence” of the child, which is used to determine whether the child was wrongfully removed by a parent as well as to seek the return of the child.

The panel has also prepared a draft law to safeguard the interest of the children, as well as those of the parents, particularly mothers.

The proposed legislation lays down nine exceptions under which a child will not be returned to the country of habitual residence.

The report also requires the setting up of an Inter-Country Parental Child Removal Disputes Resolution Authority, which will be the nodal body to decide on the custody of the child, mediate between the warring parties, as well as order the return of the child to the country of habitual residence.

Indian family system: Indian Family system offers the best interest of the child: With the older generation of womenfolk being home-makers, the households have great caregivers in terms of grandparents, uncles, aunts, cousins, etc., on either side.

What are the conditions for refusal to return the child? The important conditions under which a child’s return can be refused are:

Best interest of the child,

Domestic violence or mental or physical cruelty or harassment against the parent who fled with the child,

The parent claiming the return of the child was not exercising the custody rights at the time of removal, and

If there is a grave risk that the child would be exposed to physical or psychological harm. Should India accede to the Hague convention?

In 2016, the government had decided not to be a signatory to the treaty on the ground that it can be detrimental to the interest of the women fleeing an abusive marriage.

In most of the NRI marriages, the husband is a green card holder and the wife is dependent on him.

Whenever such marriages turn sour or the husband becomes abusive to the wife, then latter tends to return back to India along with the child.

Indian law does not automatically recognise foreign judgments. Foreign courts may pass their judgments in the absence of the fleeing parent, which, in most of the cases is a woman.

Now by signing the Hague Convention, we will be compelled to recognise a foreign judgment regardless of the justness of the decision on custody under Indian law or whether was delivered ex-parte.

India should, first of all pass a law on this issue and set up an authority on Inter-Country Parental Child Removal Disputes Resolution. Then only it should sign the Hague convention.

North Korea, South Korea and the Korean War


Why in news? North Korea and South Korea have jointly declared that the Korean War will be finally over.

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North Korean leader Kim Jong-un and South Korean President Moon Jae-in met for the first time on Friday.

In this meeting they pledged to ensure peace, prosperity and the unification of the Korean peninsula. What is North Korea’s plan on denuclearization?

The leaders of North Korea and South Korea had a meeting and signed a joint statement to seek a peace treaty to formally declare the Korean War over.

According to a recent decision N.Korea would carry out the closing of the Punggye-rinuclear test site.

The nation would soon invite experts of South Korea and the U.S. as well as journalists to disclose the process to the international community with transparency.

Recently the administration has also expressed readiness to hold direct candid talks with USA and South Korea.

Apart from this N.Korea has also indicated that no fresh missile or nuclear tests will take place until talks are in progress.

Why this move by North Korea?

In 2017, Pyongyang carried out its sixth nuclear test and launched missiles capable of reaching the US mainland.

USA was eager to play up his role in achieving a breakthrough with Pyongyang through a tough rhetoric, strengthened global sanctions and diplomatic efforts to further isolate the authoritarian regime.

Due to this North Korea realized that the safety and security of its regime can be guaranteed only by USA and it is necessary for the nation to engage with USA.

South Korea confirmed the common goal of realising, through complete denuclearisation, a nuclear-free Korean Peninsula.

Pyongyang has long wanted to see an end to the U.S. military presence and nuclear umbrella over the South.

What are the uncertainties in the outcomes?

There are speculations that terminating Punggye-ritest site is useless as it has been already destroyed during earlier nuke tests, apart from this site there are two more test sites that are even bigger.

It is also unclear whether North Korea would host U.S. experts at its Punggye-ri underground testing site before or after the summit.

USA is pressing for the N.Korea to give up its weapons in a complete, verifiable and irreversible way.

For which Pyongyang is demanding as yet unspecified security guarantees to discuss its arsenal.

Even agreeing a treaty to formally close the conflict will be complicated as both Seoul and Pyongyang claim sovereignty over the whole Korean peninsula.

Pitch for equality

The differences between Mr. Kim and Mr. Moon on the question of denuclearisation are evident.

While Mr. Moon emphasised that complete denuclearisation was essential for peace, Mr. Kim did not utter the “D” word.

North Korea will seek parity with South Korea in terms of nuclear security and well-being, which is hard to accomplish in the short term.

What is the Indian connect to the issue?

Denuclearisation is key to the whole process as it means different things to different people.

North Korea seems to have another model in mind; an Indian model nuclear deal in which it gets recognised as a “technologically advanced responsible state” on the basis of certain strategic assurances.

The direct threat that they faced from the U.S., South Korea and Japan must have resulted in the aggressive approach, but now that North Korea has established its nuclear capability, it is inclined to negotiate its way into removing sanctions and shaping its future.

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In fact, it seems to be following India’s choreography in shaping its nuclear policy.

In a way, Mr. Kim has gone further than India by suspending all missile tests and taking steps to shut down a nuclear test site, to which the U.S., South Korea and China have reacted positively.

What can be expected from the upcoming US-North Korea talks?

South Korea would be far more reluctant to make any concessions to North Korea without an agreement on denuclearization.

The forthcoming negotiations will prove whether the Indian model will help North Korea in restoring peace in the Korean Peninsula and having a cooperative relationship with the U.S. and the rest of the world.

Some amount of domestic reforms at home, in terms of civil liberties, would help North Korea make its case better.

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ETHICS

Justice and Redemption


Why in News? The recent Judicial hearing in the Kathua rape and murder case has been shifted out of Jammu and

Kashmir to Pathankot in Punjab. This has raised serious questions about the role of society and importance of justice in child

protection. What is Justice?

The delivery of justice to a childhood is different from the conventional idea of justice.

Childhood is a formative and vulnerable period of life which makes the justice delivery difficult.

It has been recognized all over the world that nothing is tougher to leave behind than sexual assault in early life.

The rape of small girls on the scale at which it is currently taking place, especially in the north, signifies a breakdown of the ethical order of common living.

Incidents of rape of small girls have been reported from cities as well as villages, suggesting a much wider crisis.

When rape has been committed by a person who enjoys fame and power, justice may bring the victim a sense of vindication.

This happened in a recent case against a famous ‘godman’. Victim’s victory at the level of a local court is impressive.

In kathua rape case, National Commission for Protection of Child Rights has forbidden the mention of victims name to protect the dignity of girl’s parents.

Shifting of kathua rape and murder case from J&K to Punjab has raised the hope for justice. Meaning of justice for child carries two kinds of value:- Value of deterrence

If the rapists and murderers of a child go untracked and unpunished, this might encourage the tendency to commit such crimes.

Recognition of a child’s right to justice

This recognizes children as beneficiaries of universally applicable human and civic rights.

By punishing those who rape and kill, the judiciary posthumously imparts the significance to their lives that they ought to have received as children.

What are the issues raised by the kathua case?

Such violence impacted the protective fabric of society.

Impact the child as they feel insecure and unprotected.

Parents alone cannot protect a child.

The responsibility to protect children is embedded in the very idea of society.

When a child faces brutality, in or outside the family, society’s contact with its own spirit is violated.

This cannot be redeemed with judicial punishment only. What could be the possible reasons for such crisis?

Culture and new technological environment.

Hatred for the weak and treatment of rejection of their right as human ethos.

Loss of collective self-awareness of society. What needs to be done?

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Society must improve its own apparatus of security and protection of children.

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