Category: Burning Issues

Exactly a year back, on August 5, 2019, the government of India revoked the special status granted under Article 370 of the Indian Constitution to the erstwhile state of Jammu and Kashmir. The move was made on the promise of a better life for every Kashmiri in terms of social and economic parameters.

So, with one year anniversary, it is the perfect opportunity to analyze what the move has meant for the common people. Did it bring them the development as promised? The article looks at some of the changes that the state has seen in the last 1 year, no judgments(promise!).

Background

Read the complete thread here at:

[Burning Issue] Reorganization of Jammu and Kashmir

Visible impacts of the move

(Obviously, the impacts from the repeal of Article 370 cannot be studied in isolation from impacts of COVID in the region.)

(A) Political Impacts

The legal talk

• The abrogation of special status has extended the reach of Parliament and Indian Constitution over the region in its entirety.
• The reorganization appendix gives an insight to which former laws passed by the state have been retained, repealed, and which central laws have been extended:
• Example: 164 laws – 153 state laws and 11 Governor’s Acts – have been repealed; 166 state laws have been retained; 7 state laws have been retained with amendments; 106 central laws have been made applicable.
• The Right to Information Act, 2005 and the Representation of People Act, 1951 are among the laws being extended to the UT in entirety.

New Domicile Rules

• This year center came out with a new list of criteria for attaining domicile in J&K.
• Since then, 4 lakh people in Jammu and Kashmir have been issued domicile certificates.
• A significant proportion has been given out to those who despite living or serving in the state for years were not considered the residents of the state due to the provisions of Artice 35A, which now stands repealed.

Reduction in Corruption

• The CMS-India Corruption Study 2017 placed Jammu and Kashmir among the top corrupt states in India, stating that 84 per cent of the people surveyed perceived increased corruption in public services.
• With corruption almost becoming second nature to the political elites and administrators, the immediate casualty in J&K has been effective governance and justice.
• This has undermined the trust of the Kashmiris in democracy and shattered their faith in the legitimacy of the politico-administrative setup, posing a direct challenge to peace operations.
• The situation has relieved(for now) since the abrogation of special status and paves the way for curbing corrupt practices.

(B) Social Impacts

Public perception of the move

• The abrogation of autonomy without the consent of the Kashmiris has raised the threat perception among the people regarding their identity and culture.
• The lost ‘autonomy’ and Art. 370 had a symbolic and emotional significance for Kashmir’s people.

New Low in Education 

• The continued shutdowns and internet blockade has severely affected college and university students and so has the digital learning.
• College students and research scholars, for instance, have not been able to fill the online forms for competitive exams, scholarship grants and research papers.
• Most of the hostels in Kashmir University are shut indefinitely.

Rehabilitation of Kashmiri Pandits

• Construction of 6,000 transit accommodations for accommodating 3000 Kashmiri migrants and 849 flats have been constructed so far.
• The Centre also reimburses monthly cash relief to the eligible Kashmiri migrants settled in Jammu.
• Since the year 2014, the monthly cash relief has been enhanced twice i.e. from Rs 6600/- per family to Rs 10,000/- per family in 2015 and to Rs 13,000/- per family in 2018.

Era of social security measures

• The government introduced an array of insurance schemes including the Atal Pension Yojana in the newly carved Union Territory.
• The Centre also launched 85 people-oriented development schemes, like PM-KISAN, PM-KISAN-Pension, Pradhan Mantri Jan Dhan Yojana, and Stand-Up India in Jammu and Kashmir.

(C) Economic Impact

Agriculture

• The apple industry in Kashmir, worth INR 80 billion which contributes 8 per cent of J&K’s GDP, has been worst affected.
• The farmers have highlighted their troubles in selling the produce in the local APMCs.
• Threats from militants, coupled with the government’s severe clampdown delayed the harvest for over a month, dealing a crippling blow to the industry during the peak harvest season.

Industries

• Core sectors of the economy of J&K have witnessed a steep decline after the abrogation of Article 370.
• The communications blockade, curfews, and militant threats has taken a toll on the economy of Kashmir by INR 178.78 billion.
• More than 90,000 jobs in the sectors of handicraft and information technology have been lost.

Tourism

• Tourism, which forms 8-10% of J&K’s GDP, is in shambles after the lockdown.
• Less than 50,000 tourists visited the U.T. between August and December 2019.

(D) Security Impacts

• According to the South Asia Terrorism Portal (SATP), the lockdown and increase in Army presence led to a decrease in terrorism-related deaths.
• Lesser fatalities: There has been a decrease in terrorism-related deaths.
• Youth joining militancy: The number of local recruits has increased. In 2020, until March, 87.5% of the militants killed were locals according to SATP.
• Border intrusion: Infiltration attempts along the LoC, however, remain high as Pakistan-based terrorist groups continue to try to send more militants in the Valley.
• Reduced covert attacks: There have been fewer improvised explosive devices (IEDs) and grenade attacks this year.

(E) Geopolitical Impacts

• The abrogation of Article 370 has also led to the internationalization of the Kashmir conflict.
• Dividing Ladakh from J&K has not only fulfilled the demands of the people of the region but also has sent a clear message to China that it is an integral part of India where Indian constitution holds despite China sometimes claiming it to be its own territory.
• Visibly after that, we have witnessed the increased cases of transgression by the Chinese PLA in Ladakh.
• UNSC has met two times for closed-door meetings on the situation in Kashmir.
• Pakistan’s quest for garnering Organization of Islamic Cooperation (OIC) support these days is quite prominent than earlier.

Was Art. 370 the real problem?

• Article 370, over the decades, was diluted many times but despite these dilutions, it bore great symbolic and psychological significance for Kashmiris.
• It also displayed India’s asymmetric federalism, which granted differential rights to certain federal subunits, often in recognition of their distinctive ethnic identity.
• For sure, the educational and health sectors in J&K should be have been improved but the reason for the underperformance of the educational and health sectors in Kashmir is not Article 370.
• While private enterprises could set up industries in the former State on leased land, as they have over the years, acquisition of land by public sector enterprises from outside the State was never a problem.
• Private investors do not set up shop in Kashmir due to militancy which is a product of an existing conflict; not because of Articles 370 or 35A.

Way Forward

(1) Building trust

• The foremost challenge for New Delhi is rebuilding trust.
• To rebuild the trust deficit and to win over the confidence of the Kashmiris, the government must immediately repeal the PSA – which should have become ultra vires, in the first place.
• This will create a sense of oneness among the Kashmiris and will help change their perception towards New Delhi.

(2) Addressing the distress 

• Due attention must be given to address rural economic distress created after the unprecedented, unseasonal snowfall in November.
• The government should compensate all the farmers with a farm credit or a loan waiver as it is done in other states.

(3) Approaching with soft policies

• New Delhi should ensure that the land’s pluralism is defended by assiduously handling the identity, cultural and religious issues.
• In the present state of affairs, the political process is being hijacked and political leaders are under detention.
• The release of the political class will send a positive signal.

(4) Lifting the internet blackout

• The government must immediately lift the internet blackout in all educational institutions.
• Prolonging the internet curfew any longer will only alienate the students and the youth, who are already hurt and angered at the Centre’s unilateral action.

(5) Resume educational institutions

• Without any delay, the Centre must also announce the establishment of modern higher education institutions and IITs in its new UT.
• Quality manpower is a prerequisite for the promised economic growth of the region.
• Simultaneously, the Centre should actively help to restore regular functioning of closed educational institutions that have been shut since a year and equip them with all modern scientific facilities.
• The Centre must also announce a new set of attractive scholarships for Kashmiri students.

Conclusion

Now is the time to renew ties with the region by initiating a series of serious and sincere interlocution measures to win over the confidence of the alienated population.

It is necessary that focus on pressing local issues increases and we nurture new local leadership, so that, the grip of the political elite in the Valley loosens.

Kashmir is known for its glorious past and it is high time that this glory returns to the valley.

A CM takes oath at 4 am in the morning. MLAs are taken to an unknown destination or a resort with their mobiles and all communications virtually shut! Likewsie, if unconstitutional principles and practices no longer excite the citizens, but some political norms do, then our democracy is in trouble.

Turbulence in governments — involving the “switching of sides” by elected representatives — has been increasingly frequent in recent months.  The ongoing political crisis in Rajasthan is neither new nor uncommon.  The past year has seen the toppling of two state governments in Karnataka and Madhya Pradesh amid allegations of political defections and horse-trading. There has also been turmoil in Goa and Manipur.

Over the debate: The Anti-Defection Law

The Anti-Defection Law under the Tenth Schedule of the Constitution punishes MPs/ MLAs for defecting from their party by taking away their membership of the legislature. It gives the Speaker of the legislature the power to decide the outcome of defection proceedings.

• The anti-defection law was added to the Constitution through the Fifty-Second (Amendment) Act, 1985 when Rajiv Gandhi was PM.
• It lays down the process by which legislators may be disqualified on grounds of defection by the Presiding Officer of a legislature based on a petition by any other member of the House.
• A legislator is deemed to have defected if he either voluntarily gives up the membership of his party or disobeys the directives of the party leadership on a vote.
• This implies that a legislator defying (abstaining or voting against) the party whip on any issue can lose his membership of the House.
• The law applies to both Parliament and state assemblies.

Exceptions under the law

• Legislators may change their party without the risk of disqualification in certain circumstances.
• The law allows a party to merge with or into another party provided that at least two-thirds of its legislators are in favor of the merger.
• In such a scenario, neither the members who decide to merge nor the ones who stay with the original party will face disqualification.

To get more details on the evolution of the act, tap here:

https://www.civilsdaily.com/news/explained-anti-defection-law-and-its-evolution/

Issues with the Anti-defection cases these days

• Generally, when doubts are cast on the CM that he has lost the majority, the opposition and the Governor would rally for a floor test.
• Now, this may seem like an administrative act. But loopholes around the law has brought politics into the picture. Let us understand the various ground situations involved:

1) Defection proceeding

• A Supreme Court Bench is scheduled to hear an appeal filed by the Rajasthan Assembly Speaker’s office challenging the State High Court order to defer anti-defection proceedings against former Deputy CM.
• The petition said the HC has crossed its jurisdiction by asking the Speaker to put off his decision on the disqualification notices issued to dissident MLAs.
• The High Court’s interim order granting extended time to rebel MLAs to file their replies to anti-defection notices amounted to a violation of Article 212 (courts not to inquire into the proceedings of the legislature).
• The petition said that judicial review of ongoing anti-defection proceedings was limited.
• The petition referred to the Constitution Bench judgment of the top court in the Kihoto Hollohan case in 1992 in this context.
• Judicial review cannot be available at a stage prior to the making of a decision by the Speaker/Chairman and a prior action would not be permissible.
• Nor would interference be permissible at an interlocutory stage of the proceedings, the verdict says.

2) Summoning the house

Rajasthan Governor returning the fresh proposal by the state Cabinet – seeking to convene a session of the Assembly has raised fresh legal questions on the powers of the Governor. But a Constitution Bench judgment of the Supreme Court has held that a Governor is bound to convene a meeting of the Assembly for a floor test on the recommendation of the Cabinet.

• Article 174 of the Constitution gives the Governor the power to summon from time to time “the House or each House of the Legislature of the State to meet at such time and place as he thinks fit…”
• However, the phrase “as he thinks fit” is read as per Article 163 of the Constitution which says that the Governor acts on the aid and advice of the cabinet.
• Article 163(1) essentially limits any discretionary power of the Governor only to cases where the Constitution expressly specifies that the Governor must act on his own and apply an independent mind.
• The Supreme Court in Nabam Rebia and Bamang Felix vs Deputy Speaker (2016) expressly said that the power to summon the House is not solely vested in the Governor.
• The court has highlighted that Article 163 of the Constitution does not give the Governor a “general discretionary power to act against or without the advice of his Council of Ministers.
• The discretionary powers are limited to specified areas like giving assent or withholding/referring a Bill to the President or appointment of a CM or dismissal of a government that has lost confidence but refuses to quit, etc.

3) Floor test

• Now, we know that the Governor cannot refuse the request of the Cabinet to call for a sitting of the House for legislative purposes or for the chief minister to prove his majority.
• In fact, on numerous occasions, including in the 2016 Uttarakhand case, the court has clarified that when the majority of the ruling party is in question, a floor test must be conducted at the earliest available opportunity.
• In 2016, the Supreme Court in Nabam Rebia and Bamang Felix vs Deputy Speaker expressly said that the power to summon the House is not solely vested in the Governor.

4) Time Limit for defection plea

• The Anti-defection law does not specify a time period for the Presiding Officer to decide on a disqualification plea.
• Given that courts can intervene only after the Presiding Officer has decided on the matter, the petitioner seeking disqualification has no option but to wait for this decision to be made.

5) Deciding on merger or split

• The Tenth Schedule of the Constitution prohibits defection to protect the stability of governments but does not prohibit mergers.
• Paragraph 4(2) of the Tenth Schedule, dealing with mergers, says that only when two-thirds of the members agree to “merge” the party would they be exempt from disqualification.
• The “merger” referred to in Paragraph 4(2) is seen as a legal fiction, where members are deemed to have merged for the purposes of being exempt from disqualification, rather than a merger in the true sense.
• Major political parties argue that a state unit of a national party cannot be merged without the party being merged at the national level.
• However, the Tenth Schedule identifies this dichotomy between state units and national units.
• As per Paragraph 4(2), “merger” of a party means merger of a legislative party of that House and not the national party.

Yet another feature: ‘Resort’ Politics

• The sight of legislators being packed off in luxury buses, and lodged in comfortable, even luxurious, hotels and resorts, has become a common feature of Indian politics.
• It usually happens when a state government is in crisis, when a crucial election for a Rajya Sabha seat is underway and numbers are fluid, or when a rebellion is underway to change the regime in a state.
• A political party — or the rebel faction — then rushes to consolidate the legislators who are in its favour.
• The objective is to ensure that these legislators don’t succumb to temptations and inducements offered by the other side, and instead, remain under constant surveillance.
• The method then adopted is to lock them in, till the crisis is resolved one way or the other.

What we can learn from the ongoing situation?

As recent events have made clear, however, the Tenth Schedule is no longer an effective check on the phenomenon of defection, and an urgent reconsideration is required. There are a few reasons why this is so.

1)  Loopholes are present in the law itself

• The first is that the defecting MLAs have found a way around the restrictions in the Tenth Schedule.
• Instead of formally “crossing the floor” or voting against their party in a confidence motion, they resign from the party.
• This brings down the party’s strength in the House, and the government is toppled.
• A few months later, when by-elections are held, the same MLAs then stand for election on the ticket of the opposition party and are returned to the assembly.

2) Judiciary can ‘conditionally’ intervene

• Unfortunately, in their recent judgments, the courts have failed to stop defection practices (although, arguably, the language of the Tenth Schedule does not leave much room to the judiciary).
• No matter how well-drafted a constitutional provision is, ultimately, its implementation depends upon constitutional functionaries acting in good faith.
• As BR Ambedkar pointed out soon after the framing of the Constitution, every constitutional text can be subverted if those charged with running the affairs of government are inclined to do so.

3) Political commitment is under question

• In recent times, it has become clear that the major constitutional actors involved in times of constitutional instability — i.e., the governors and the speakers — do not act in good faith.
• In every constitutional crisis over the last few years, governors/speakers have acted like partisan representatives of the political party that appointed them, and have flouted constitutional conventions with impunity.
• Instances include decisions regarding which party to call first to form the government in a hung house, to order — or refusing to order — floor tests to prove majorities.

4) Horse-trading persists in Indian politics

• More recently, the Rajasthan High Court effectively injuncted the Speaker of the Rajasthan Assembly from acting upon disqualification notices, despite clear SC precedent to the contrary.
• It can be pointed out that horse-trading of legislators persists.
• It has been widely reported that huge sums of money are offered to MLAs to desert their parties and bring down the government.

5) Role of Legislators is being compromised

• The anti-defection law has restrained legislators from effectively carrying out their functions.
• In a parliamentary system, legislators are expected to exercise their independent judgement while determining their position on an issue.
• The choice of the member may be based on a combination of public interest, constituency interests, and party affiliations.
• This fundamental freedom of choice could be undermined if the member is mandated to vote along the party line on every Bill or motion.

6) Accountability of the government is compromised

• The anti-defection law deters legislators from holding the government accountable for its actions.
• One of the key features of parliamentary democracy is that the government is accountable for its decisions.
• However, the anti-defection law deters a legislator from his duty to hold the government accountable, by requiring him to follow the instruction of the party/coalition on almost every decision.

7) Overall decision making is hindered

• The anti-defection law leads to major decisions in the legislature being taken by a few party leaders and not by the larger body of legislators.
• This implies that anyone who controls the party leadership can issue directions to all legislators.
• Thus, voting in the House will be as per the wishes of a few party leaders/ coalition leader rather than the beliefs of all legislators or the need for urgency.
• Consensus if often dictated against which democratization within political parties is sought.

8) Clueless voters are the ultimate losers

• The anti-defection law breaks the chain of accountability between elected representatives and the voter.
• The legislator would have to justify his decision if he differs from such a view.
• If he dissented from the party line, he would lose his seat and would be unable to work for the citizens’ interests on other issues.
• This further reduces the accountability of elected representatives to citizens.

Way Forward

In sum, therefore, the anti-defection law needs to be improved than repealed.

Over the years, several amendments/recommendations have also been suggested to reform various aspects of the law.  Let’s consider some of them:

Sources: Law Commission, 1999; National Constitution Review Commission, 2002; Law Commission Report, 2015; Law Commission Draft Report, 2018; Dinesh Goswami Committee on electoral reforms, 1990, Halim Committee on anti-defection law, 1998 (from R. Kothandaraman Ideas for an alternative Anti-Defection law, 2006); PRS

Conclusion

We must know that politics has a way of getting ahead of principles and practices, and establishing its own norms. It is important to understand how this growing pattern makes a mockery of Indian democracy, speaks poorly of elected representatives and is an insult to the voter.

Need of the hour is complete revamp of the anti-defection law. As Gandhiji, would put it ‘Politics without principle’, is a sin which should be avoided in all case.

References

https://www.prsindia.org/sites/default/files/parliament_or_policy_pdfs/Anti-Defection%20Law%20Intent%20and%20Impact_0.pdf

https://www.civilsdaily.com/story/anti-defection-law/

https://www.civilsdaily.com/news/explained-anti-defection-law-and-its-evolution/

https://www.hindustantimes.com/analysis/why-the-anti-defection-law-has-failed-to-deliver/story-JtDhlEFHZ8VPpnNBD7Fv9J.html

https://www.thehindu.com/opinion/lead/getting-ahead-of-constitutional-practices/article32233269.ece

5G Technology is the future of the telecom sector. Research and development in this field have attracted global giants. But the rollout of 5G network has also caught the eyes of various governments. This is because 5G is not just a matter of cellular network but has security implications for nations and scope for dominance over the future technological era. And the latest US steps against Huawei is a testimony to this fact.

The Global 5G Conundrum

• Nearly a decade ago a report by the US House Intelligence Committee flagged issues posed by Chinese telecom companies Huawei Technologies and ZTE.
• This issue now has evolved into a full-scale duel between the two global technology powerhouses, which now threatens to draw in the entire world.
• Soon after the US, Britain announced its ban on equipment from Huawei into the country’s high-speed wireless network.
• Australia banned Huawei long back from supplying equipment for a 5G mobile network in 2018.
• India along with Canada and some other countries is reviewing security implications and has yet to decide on allowing Huawei to provide equipment for them.
• Meanwhile, Huawei has cut its India revenue target for 2020 by up to 50% and is laying off more than half of its staff in the country.

But before we take the geopolitics route, let us first understand the potential 5G Technology holds

5G Technology: A Perspective

In telecommunications, 5G is the fifth generation technology standard for cellular networks, which cellular phone companies began deploying worldwide since 2019, the planned successor to the 4G networks which provide connectivity to most current cellphones.

All 5G wireless devices in a cell are connected to the Internet and telephone network by radio waves through a local antenna in the cell. The main advantage of the 5G network is that it will have greater bandwidth, giving higher download speeds, eventually up to 10 gigabits per second.

5G enables a new kind of network that is designed to connect virtually everyone and everything together including machines, objects, and devices and also will make possible new applications in IoT and machine to machine areas.

The previous generations of mobile networks are 1G, 2G, 3G, and 4G:

First-generation – 1G
1980s: 1G delivered analogue voice.

Second-generation – 2G
Early 1990s: 2G introduced digital voice (e.g. CDMA- Code Division Multiple Access).

Third generation – 3G
Early 2000s: 3G brought mobile data (e.g. CDMA2000).

Fourth-generation – 4G LTE
2010s: 4G LTE ushered in the era of mobile broadband.

Benefits of 5G over 4G

1) 5G uses spectrum better than 4G

• 5G is also designed to get the most out of every bit of spectrum across a wide array of available spectrum regulatory paradigms and bands—from low bands below 1 GHz to mid bands from 1 GHz to 6 GHz to high bands known as millimetre wave (mmWave).

2) 5G is faster than 4G

• 5G can be significantly faster than 4G, delivering up to 20 Gbps peak data rates and 100+ Mbps average data rates.

3) 5G has more capacity than 4G

• 5G is designed to support a 100x increase in traffic capacity and network efficiency.

4) 5G has lower latency than 4G

• Latency is the time a device takes to communicate with the network, which stands at an average of up to 50 milliseconds for 4G networks across the world.
• 5G has significantly lower latency to deliver more instantaneous, real-time access: a 10x decrease in end-to-end latency down to 1ms.

Applications of 5G technology

High-Speed mobile network: 5G will revolutionize the mobile experience with the supercharged wireless network. Compared to conventional mobile transmission technologies, voice and high-speed data can be simultaneously transferred efficiently in 5G

Entertainment and multimedia: 5G can provide 120 frames per second, high resolution and higher dynamic range video streaming without interruption. The audiovisual experience will be rewritten after the implementation of the latest technologies powered by 5G wireless. Augmented Reality and Virtual Reality services will be better experienced over 5G.

Internet of Things: IoT applications collect a huge amount of data from millions of devices and sensors and thus requires an efficient network for data collection, processing, transmission, control and real-time analytics which 5G network is a better candidate.

Smart cities: Smart city application like traffic management, Instant weather update, local area broadcasting, energy management, smart power grid, smart lighting of the street, water resource management, crowd management, emergency response etc can use a reliable 5G wireless network for its functioning.

Smart farming: 5G technology will be used for agriculture and smart farming in the future. Using smart RFID sensors and GPS technology, farmers can track the location of livestock and manage them easily. Smart sensors can be used for irrigation control, access control and energy management.

Mission-critical applications: Like telemedicine services, remote control of critical infrastructure and vehicles. It has the potential to transform industries with highly reliable, low latency link.

Back to Huawei-US tussle

The PLA’s Huawei

• Started in the late 1980s by a former Deputy Regimental Chief in the People’s Liberation Army, Huawei has come a long way from being a reseller of switches imported from Hong Kong.
• Huawei went on to sell its products and services in more than 170 countries, blitzing past Ericsson as the largest telecoms equipment manufacturer in the world in 2012.
• It overtook Apple as the world’s second-largest manufacturer of smartphones in 2018 and had annual revenue of $122 billion and some 194,000 employees last year.

Issues with Huawei

• Huawei has faced criticism for various aspects of its operations, with its most prominent controversies having involved U.S. allegations of its products containing backdoors for Chinese government espionage.
• In February 2011, Huawei published an open letter to the US government denying the security concerns raised about the company or its equipment, and requesting a full investigation into its corporate operations.
• In response, an investigation began in November 2011 into “the counterintelligence and security threat posed by Chinese telecommunications companies doing business in the US”.
• In its report submitted in 2012, the US House panel noted that Huawei and ZTE cannot be trusted to be free of foreign state influence and thus pose a security threat.

A technological Cold War

• The US Federal Communications Commission has designated these two companies as national security threats.
• Thus, it blockaded Huawei on the ground that its equipment is designed to aid snooping and would make American telecoms players dependent on subsidised Chinese technology.
• Most observers see this as a ‘technological cold war’ that could extend beyond just the US and China, and compel other countries, including India, to effectively choose between one camp and the other.
• It is being described as a geopolitical struggle over technology that threatens to divide the world into two distinct technological blocs, with both countries striving to limit the other’s access to its advanced know-how.
• The question is whether countries think the risks are high enough to dump a cheaper, viable option.
• For China, the action has come at a time when 5G is set to be rolled out globally, with Huawei generally ahead in the race.

India and Huawei

• In December 2019, Huawei was tentatively admitted into 5G trials in India.
• As part of the trial plan, the government had decided that telecom players would be allocated special airwaves for a brief period for the 5G trials.
• Huawei entered the fray with Vodafone Idea and Bharti Airtel while BSNL joined hands with ZTE.
• But the 5G trials could not take off due to the Covid-19 outbreak. Then came the Chinese hostility in Ladakh that seems to have turned the tide.

Where does India stand in this battle?

• Back in December 2009, the Department of Telecom (DoT) had asked Indian mobile companies to suspend deals with Chinese equipment amid fears that Chinese equipment was being used for hacking and spying.
• But India has been a fence-sitter since then — and has never fully banned Chinese companies from its telecom equipment industry.
• Indeed, much of India’s telecom growth story has been supported by Chinese companies in both hardware and software.

India’s concerns

India’s intelligence agencies, acting on inputs generated locally and received from other foreign agencies, have toughened their stance on two key issues – remote access and data storage.

• A decision has been taken at the top level against data going outside India during the trials and Chinese vendors gaining remote access, which agencies feel will eventually land up in PLA headquarters.
• Key to the security and strategic concerns is the extremely controversial China Intelligence Law legislated in 2017.
• The CIL makes it mandatory for every Chinese supplier to actively share data and access to their equipment, installed anywhere in the world.
• The purpose of this law is to provide a legal base for China to seek access and support from its citizens and companies for its intelligence and military activities.

Impacted by standoffs

• After the standoff in Ladakh, India has asked telecom service providers to exclude Chinese companies from the scope of their network upgrade contracts.
• This was part of the wider decision to signal curbs on Chinese investments and tech companies in the country in light of Atmanirbhar campaign.
• In official statements, India justified the ban on 59 mobile apps with Chinese links on grounds of a threat to national security.

With the border clashes, India’s stand on this issue has got more clarity. But 5G is equally crucial for India’s future development story. For that, it has to first overcome own domestic hurdles.  

Challenges for 5G roll-out in India

• The Indian market has the potential to become the largest 5G consumer after China in the next 10 years.
• India has nearly 45 crore handsets and 50 crore people on the internet. 5G is being seen as a game-changer for India.

These are some of the basic challenges which India needs to overcome:

Frequency allocation: Indian operators have far less spectrum in comparison to international operators. The high investment cost which makes telecom companies unsure about Return on Investment.

Pricing: The 5G spectrum is overpriced by at least 30% to 40% compared to international standards and auction in other markets such as South Korea and the U.S. In previous auctions, the government saw no takers for the 700 MHz spectrum, which is used to offer high-speed 4G services and was put on sale for the first time, mainly due to the high reserve price.

Network investment: In India, the telecom sector is facing capital augmentation issues which need to be resolved. Non-availability of funds for investment: Many of the Indian operators are also weighed down by debt.

Regulatory restrictions: Faster rounds of new technology introduction when prior technology investments have not been recouped add further complexity.

Technical Challenges: Designing IT architecture that can be deployed globally, while still allowing for localized technology to cater to different regions is a challenge. Though Reliance Inc. has some plans to roll out 5G.

Way Forward

India is keen to board the 5G bus sooner than later. The task before India’s policymakers will be ensuring that the advantages of the telecom infrastructure and related technologies support its divergent demography, economic conditions and urbanisation.

Key areas to focus need urgent emphasis are :

• Reasonable spectrum pricing and swift allocation of spectrum
• Policy framework enabling extensive fabrication and incentivisation to share fibre networks
• Push for “Make in India” manufacturing for 5G equipment and handsets
• Tailor-made 5G use cases and applications enabled through active trials
• Indigenous technology advancements through R&D, and IPR development for standards, technology, spectrum, and security
• Public-private partnerships for broadband growth and penetration, 5G trials and testing, network densification among others

To conclude, India cannot miss the bus

As other countries move ahead, the Indian government has repeatedly stated its intention to ‘not miss the 5G bus’ and ensure rollout by 2020, after having missed the ‘2G, 3G and 4G buses’.

A closer look, however, is required with regard to the preparedness of the industry, especially given the financial health of the telecom sector, the hesitancy among domestic banks to lend to operators, and the current pressure on tariffs.

By acting early on adoption, India can accelerate the 5G dividend and also become an innovator in applications, but it would also mean that the initial investment on equipment will be more expensive when trying to be ahead of the curve.

References

https://indianexpress.com/article/explained/china-huawei-zte-us-apple-6517185/

https://www.civilsdaily.com/mains/what-is-5g-technology-how-will-it-revolutionise-communication-sector/

https://economictimes.indiatimes.com/industry/telecom/telecom-news/stiff-contest-awaits-jio-as-it-takes-its-5g-tech-to-the-world/articleshow/77206868.cms

https://www.indiatoday.in/business/story/huawei-5g-ban-in-india-likely-govt-sources-1703692-2020-07-23

https://www.thehindubusinessline.com/info-tech/5g-is-about-making-networks-more-effective-its-the-way-forward-in-india-ericsson/article31615684.ece

https://www.businesstoday.in/opinion/columns/why-5g-is-seen-as-a-game-changer-for-india/story/394896.html

“The police uniform evokes various emotions. There is a fear of oppression and cruelty, as well as a perception of security. This perception shapes into expression from our daily observance. These days, people face a predicament whether to approach the police or not. They are scared whenever they see a policeman approaching them. Instead of feeling secure in their presence, the popular feeling is that of insecurity.”

Fake encounters, custodial deaths, lathi charge, abductions and third-degree torture — everyday episodes of sensational brutality by the policemen has shaken the nation’s trust in its police system. The horrific downturn in UP; alleged thrashing of a Dalit couple in MP and the murder of Jayaraj and Bennix at the hands of the local Tamil Nadu police has provoked a wide-spread national outrage.

Police Misconduct: A norm in India?

Police brutalities can be broadly observed as:

1) Torture and extrajudicial killings

• Police use torture and another mistreatment to elicit confessions to the charges they fabricate.
• While the practice is not the norm in most of India, fake encounter killings occur frequently.
• Between April 2017 and February 2018, India recorded a staggering 1,674 custodial deaths, a rate of five custodial deaths per day, according to statistics placed by the Home Ministry.
• UP topped the list, with 374 deaths reported in this period of under a year.

2) Prejudice and selective persecution

• The Status of Policing in India Report 2019 reveals disturbing trends on police prejudice.
• It indicates a significant bias against Minorities. Similar prejudices existed across certain states against Tribals, Dalits, transgenders and migrants from other states.

3) Professional misconduct

• Police misconduct refers to inappropriate conduct and illegal actions taken by police officers in connection with their official duties.
• Types of misconduct include coerced false confession, intimidation, false arrest, falsification of evidence, spoliation of evidence, witness tampering, racial profiling, unwarranted surveillance, searches, and seizure of property.

4) Corruption

• A report by Transparency International, show that in India, Police organization is seen as most corrupt by the people.
• At present, corruption is pervasive among the senior and junior ranks in the form of bribery.
• Police allegedly buy and sell appointments to positions in the areas most lucrative for extorting money from local businesses and embezzling police funds.

“Violence now runs in the veins of Gandhi’s nation. It demands police to lynch those who eat beef and do duty only for festive Bandobast and elections.”

Various Recourse Available to Citizens

Keeping the above circumstances in mind, it is imperative to understand the framework for pursuing grievances against police excesses.

• Judicial remedy: Remedies, including compensation, can be sought before the High Courts and the Supreme Court under the violations of fundamental rights.
• HR sanctions: Relief can also be sought before the National and the State Human Rights Commissions set up under the Protection of Human Rights Act, 1993, but their recommendations are not binding on the respective governments.
• Criminal cases: Criminal complaints can be filed against the concerned officers for offences under the IPC, 1860, but there is no mechanism for an independent investigation.
• Disciplining: Since the police is a state subject under the Constitution, disciplinary proceedings and punishment for errant police officers such as suspension, removal or deduction of salary are provided under respective state enactments.

Why the Indian Police underperform: A Dangerous State of Disrepair

The police force has always faced its own set of problems that remain hidden and impede its smooth functioning and performance.

1) Inefficient Deployment and Workload

• Policemen in India, on an average, work for a minimum of 12 hours a day, with no weekly off, no leaves, no overtime pay and no social life.
• The police-population ratio, currently 192 policemen per lakh population, is less than what is recommended by UN i.e. 222 policemen per lakh population.

2) Infrastructure

• The deteriorating state of the police is most visible at police stations.
• Decaying, colonial-era police stations and posts across India are stocked with antiquated equipment and lack sufficient police vehicles, phones, computers, and even stationery.
• Many lacked basic equipment needed for investigating crimes, preserving evidence, and keeping minimally adequate records.

3) Organizational discrepancies

• The police structure in India is based on the archaic colonial laws that did not provide the lower ranks, with operational authority or advanced professional training.

4) Lack of proper training

• Police training has not seen any modifications since decades. It is severely underfunded. Training is of poor quality because instructors are poor.
• For lower ranks, pre-induction training of six to nine months are military in style and are dominated merely by physical fitness: “foot drills,” “platoon drill,” and ceremonial parades. That’s it.

5) Political interference

• In a culture of sifarish —politically motivated refusal to register complaints, arbitrary detention, and torture and killings sometimes perpetrated by police at the behest of national and state politicians—have resulted in an unprecedented level of public distrust and fear of the police.
• State and local politicians routinely tell police officers to drop investigations against people with political connections, including known criminals, and to harass or file false charges against political opponents.

6) Psycho-social alienation

• Since the onset of the lockdown, Policemen are the most exposed beings to their severity. These days, their work conditions are physically and mentally taxing, and lower-ranking personnel are grossly frustrated over that.
• The biggest problem they face is that there is a lack of social and family life. The apathy and brutalities these days are somewhat manifestations of these saturating conditions.

“We have no time to think, no time to sleep. I tell my men that a victim will only come to the police station because we can give him justice, so we should not beat him with a stick. But often the men are tired and irritable and grave mistakes take place out of overt frustrations.”

The long waited Reforms

Parliamentary Research Services (PRS) in 2017 put out a report on police reforms in India.

• They articulated six areas where considerable work was still needed—police accountability; the need to separate law and order from the investigation; poor working conditions and an overburdened police force; constabulary related issues; police infrastructure; and public-police relations.

Till now, six committees, including the National Police Commission, have been set up by the government. These committees made recommendations in favour of major police reforms. These include the Gore Committee on Police Training (1971-73), the Ribeiro Committee on Police Reforms (1998), the Padmanabhaiah Committee on Police Reforms (2000), the Group of Ministers on National Security (2000-01), and the Malimath Committee on Reforms of Criminal Justice System (2001-03).

In what is popularly referred to as the Prakash Singh Case of 2006, the Supreme Court ordered that reform must take place. It made seven-point directives to the Center and State governments.

The seven directives are:

1) Limit political control
Constitute a State Security Commission to:

• Ensure that the state government does not exercise unwarranted influence or pressure on the police.
• Lay down broad policy guidelines.
• Evaluate the performance of the state police.

2) Appoint based on merit
Ensure that the Director-General of Police is appointed through a merit–based, transparent process, and secures a minimum tenure of 2 years.

3) Fix minimum tenure
Ensure that other police officers on operational duties (Including Superintendents of Police in charge of a district and Station House Officers in charge of a police station) are also provided with a minimum tenure of 2 years.

4) Separate police functions
Separate the functions of investigation and maintaining law and order.

5) Set up fair and transparent systems
Set up a Police Establishment Board to decide and make recommendations on transfers, postings, promotions and other service-related matters of police officers of and below the rank of Deputy Superintendent of Police.

6) Establish a Police Complaints Authority in each state
At the state level, there should be a Police Complaints Authority to look into public complaints against police officers of and above the rank of Superintendent of Police in cases of serious misconduct, including custodial death, grievous hurt or rape in police custody. At the district level, the Police Complaints Authority should be set up to inquire into public complaints against the police personnel of and up to the rank of Deputy Superintendent of Police in cases of serious misconduct.

7) Set up a selection commission
A National Security Commission needs to be set up at the union level to prepare a panel for selection and placement of chiefs of the Central Police Organizations with a minimum tenure of 2 years.

“It has become obvious that the police cannot be neutral. Either you comply with every order from the political masters, or you have some strong backing of a leader who protects you. That is how policing is being done in our country .”

Reforms: Largely on Papers

• The directions of the Supreme Court, as usual, have fallen on deaf ears.
• The Justice Thomas Committee appointed by the Supreme Court for monitoring compliance with the Prakash Singh judgement expressed dismay in its 2010 report over the total indifference exhibited by the states.
• In 2013, the Justice Verma Committee constituted after the Nirbhaya gangrape also noted such non-compliance in its report and urged all states to fully comply with the top court’s directives to tackle systemic problems in policing.

Why these reforms are yet unimplemented?

• What has perhaps stalled the implementation of these reforms is the lack of political will, which in turn could be linked to the growing criminalization of politics.
• When lawmakers increasingly feature serious criminal charges in their resume, they have very little incentive to professionalize the police force.
• Growing criminality of politics may be hindering both police performance and the impetus for police reform.

“Whatever the hiccups are, the clear bottom line is that the police are entrusted with the undeniable duty of protection. They need to inspire confidence amongst the citizen toward them, as nobody else can do better on their behalf.”

Way Forward

Efforts to end abuses will not succeed unless made part of a comprehensive overhaul. The following recommendations to both improve the functioning of the police and curtail abuses are drawn from multiple committees:

1) Overhaul police structures and improve working conditions

• Improve working conditions: Minimum standards for housing and work hours should be developed, for instance, a requirement that station house officers announce and adhere to a monthly work schedule with maximum hours of work and provide for the mandatory leave.
• Improve training and equipment: A scarcity of trained personnel can contribute to the likelihood of abusive behaviour, such as the “short-cuts” of refusing to register crime complaints to reduce caseloads and building cases on coerced confessions rather than a collection of evidence. The investigation curriculum at police academies must be bolstered.
• Training on human rights and professional conduct: Frustrated officers with nothing to lose are more likely to engage in abusive behaviour. To change this environment, HR training must be provided for better police behaviour.

2) Enforce the law

• Investigating police abuse and misconduct: The complaints against police officers and their investigation should be done by independent bodies which have no political as well as police interference only the crime against innocent citizens would reduce.
• Preventing Torture: Strong domestic laws are critical to signalling police that torture is never a permissible means to extract confessions or other information from criminal suspects.
• Repeal laws that encourage impunity: Section 197 of the Criminal Procedure Code continues to effectively shield many abusive police officials from prosecution for actions taken on “official duty”.  That needs to be amended.

3) Ensure accountability and discipline

• Establish an independent internal affairs or “professional responsibility” unit at the state level to promptly and impartially investigated.
• Internal investigations should be triggered by allegations made to external government agencies such as the NHRC or other relevant agencies.

4) Legislative intervention

To implement the police reforms in letter and spirit, the Indian Parliament must-

• Amend or replace the Police Act of 1861 with legislation conforming to the requirements of the Supreme Court in Prakash Singh judgement.
• Amend the CrPC about FIR registration. To ensure prompt police aid to crime victims, amend Section 154 to explicitly state that a police station must register an FIR regardless of jurisdiction. Adopt the 2005 Police Act Drafting Committee’s recommendation to make failure to register an FIR a criminal offence.
• Ratify the Convention against Torture (UNCAT) and Other Cruel, Inhuman or Degrading Treatment or Punishment and the International Convention for the Protection of All Persons from Enforced Disappearance.
• Specifically, define Torture and enforced disappearances as criminal offences in the IPC.
• Amend the Evidence Act to make inadmissible any evidence obtained based on a police interrogation that involved the use of torture or cruel, inhuman or degrading treatment or other illegal coercion.
• Amend Section 36 of the Protection of Human Rights (Amendment) Act, 2006 to permit the NHRC/SHRC to inquire into violations pending before other commissions.
• Empower the NHRC/SHRC (the so-called toothless tigers) to issue binding orders, rather than non-binding recommendations to the state governments and police.

The ‘police’ and ‘public order’ being in the State List of Seventh Schedule, police reforms are large to be undertaken by state governments.

Conclusion

With movements like Black lives matter, one can easily conclude that police brutality is a global phenomenon. The mentality of being brute with citizens needs to go.

Training in modern concepts of justice and human rights is the need of the hour. The sensitization programmes for the field officers need to be conducted regularly. Zero tolerance for HR violations must be the mission.

There has to be promptness of action and decency of behaviour. It is time to transforms it from ‘Ruler’s Police’ to ‘People’s Police.’

References

https://www.outlookindia.com/magazine/story/india-news-opinion-india-must-adopt-zero-tolerance-policy-for-torture-and-death-in-police-custody/303405

https://www.orfonline.org/expert-speak/why-india-needs-urgent-police-reforms-46003/

https://www.thehindu.com/opinion/lead/police-reform-and-the-crucial-judicial-actor/article31965573.ece

https://scroll.in/article/966999/thoothukudi-isnt-an-exception-brutal-police-violence-has-always-been-the-norm-in-india

https://www.tatatrusts.org/upload/pdf/spir-2018-common-cause.pdf

https://www.hrw.org/report/2009/08/04/broken-system/dysfunction-abuse-and-impunity-indian-police#

2 days back, an article in Hindu caught our eyes. It was – “Indian trawlers are back, say Sri Lanka’s fishermen”. This is not a new issue, in fact, this news piece has it’s own way of making it back to the headlines again and again.

The conflict has also strained both countries’ bilateral ties, with talks at the highest levels and among fisher leaders on both sides proving futile for years.

So, today let us look at this news from a holistic point of view, through this edition of Burning Issue.

• Indian boats have been fishing in the troubled waters for centuries and had a free run of the Bay of Bengal, the Palk Bay and the Gulf of Mannar until 1974 and 1976 when treaties were signed between the two countries to demarcate the maritime boundary — the ‘International Maritime Boundary Line'(IMBL).
• However, the treaties failed to factor in the hardship of thousands of traditional Indian fishermen who were forced to restrict themselves to a meager area in their fishing forays.
• The small islet of Katchatheevu, hitherto used by them for sorting their catch and drying their nets, fell on the Lankan side of the IMBL.
• Fishermen often risk their lives and cross the IMBL rather than return empty-handed, but the Sri Lankan Navy is on alert, and have either arrested or destroyed fishing nets and vessels of those who have crossed the line.

The Palk Bay

Historically, the shallow waters of the Palk Bay and geographical contiguity between India and Sri Lanka facilitated the movement of ideas, goods, and men.

• The Palk Bay, a narrow strip of water separating the state of Tamil Nadu in India from the Northern Province of Sri Lanka.
• The bay, which is 137 km in length and varies from 64 to 137 kilometers in width, is divided by the International Maritime Boundary Line (IMBL).
• Bordering it are five Indian districts and three Sri Lankan districts.

Its significance

• The bonds of ethnicity, language, and religion helped fishermen lead the lives of harmonious coexistence for several centuries.
• Frequent migrations between India and Sri Lanka through the Palk Bay took place. Intermarriages were common.
• However, over the last several decades, internal and bilateral relations have suffered from a range of issues from coastal insecurity to overfishing.

End of the civil war

• The region has become a highly contested site in recent decades, with the conflict taking on a new dimension since the end of the Sri Lankan Civil War in 2009.
• Now the livelihood of Sri Lankan Tamil fishermen was at stake, thus, the Sri Lankan navy expanded and become more vigilant.
• In India, the fisheries dispute chiefly began with an internal debate about sovereignty related to the ceding of the island of Katchatheevu to Sri Lanka.
• The problem got exacerbated by the tension between fishermen practicing traditional fishing and those using trawlers.

What are the issues here?

The various dimensions of the fishermen issue between India and Sri Lanka can be encapsulated as follows:

1) Issue over Sovereignty

• The maritime boundary agreements of 1974 and 1976 delimited international boundaries in the Palk Bay and the Gulf of Mannar and Bay of Bengal, respectively.
• They were concluded by the two governments in the name of good neighbourly relations, but they did not reflect realities on the ground because the people concerned, namely fishermen, were not consulted.
• The principle of national sovereignty underpinned both agreements.
• A close personal relationship between both prime ministers, Indira Gandhi and Sirimavo Bandaranaike, facilitated the successful conclusion.
• However, from the perspective of Tamil Nadu, the ceding of the island of Katchatheevu in the Palk Bay to Sri Lanka was a grave mistake.

2) Poaching and Trawling

• Fueling the dispute over Katchatheevu is the overuse of mechanized trawlers in the Palk Bay, the damaging environmental and economic effects of trawling.
• To increase productivity and boost exports, the government of India embarked on a radical transformation of fishing techniques. The result was the introduction of trawlers.
• Quick returns from prawns attracted many from non-fishing communities to invest in this profitable venture. As a result, numerous fishermen became wage labourers.
• Trawlers have since been referred to as the “hoovers of the shelf bottom” and “bulldozers mowing down fish and other benthic species.
• After their introduction, the Indian side of the Palk Bay quickly became devoid of fish.

3) Tougher laws

• After some respite in the last couple of years, Sri Lanka introduced tougher laws banning bottom-trawling and put heavy fines for trespassing foreign vessels.
• Crossing the IMBL poses a greater threat as Sri Lanka has amended its Foreign Fisheries Boats Regulation Act to increase the fine on Indian vessels found fishing in Sri Lankan waters to a minimum of LKR 6 million (about ₹25 lakh) and a maximum of LKR 175 million (about ₹17.5 Crore).

4) Fisherman’s concerns

• There is a depletion of fisheries on the Indian side, so Indian fishermen cross into Sri Lankan waters thus denying the livelihood of their counterparts.
• They deliberately cross the territorial waters even at the risk of getting arrested or shot dead by the Sri Lankan Navy.
• Sri Lankan fishermen across Palk Bay are concerned over similar depletion on their side (where there is a ban for trawlers) because of poaching by their brethren from Tamil Nadu.
• Apart from enforcing the trawler ban, the Sri Lankan Navy has also stepped up the monitoring of coasts, especially those that are proximate to India. The idea is to prevent any movement of remnant militants back into the island.

Implications on the fishermen

• The ongoing dispute has escalated tensions between those fishermen using traditional methods and those using mechanized methods, as well as increased the infringement of territorial boundaries.
• According to the government of Tamil Nadu, the sufferings of Indian Tamil fishermen is a direct consequence of ceding Katchatheevu to Sri Lanka and sacrificing the traditional fishing rights enjoyed by Indian fishermen.
• In a defiant speech on August 15, 1991, Jayalalitha called on the people of Tamil Nadu to retrieve the island.

Averting a Crisis

• The underlying issues of the fisheries dispute need to be addressed, so that relations between fishermen and their governments, between Tamil Nadu and New Delhi, and between Tamil Nadu and Colombo do not reach a crisis point.
• Immediate actions should be taken to begin the phase-out of trawling and identify other fishing practices.
• Katchatheevu Issue: The unilateral abrogation of the maritime boundary agreement on India’s part would cause irreparable damage to India’s image. Need to stay away from politics here.

Alternative solutions

• Leasing: Two courses of action exist: (1) get back the island of Katchatheevu on “lease in perpetuity” or (2) permit licensed Indian fishermen to fish within a designated area of Sri Lankan waters and vice versa.
• Licensing: The second course of action would persuade Colombo to permit licensed Indian fishermen to fish in Sri Lankan waters for five nautical miles from the IMBL.
• There is precedent in the 1976 boundary agreement, which allowed licensed Sri Lankan fishermen to fish in the Wadge Bank (a fertile fishing ground located near Kanyakumari) for a period of three years.
• Reconsidering old agreements: A window of opportunity opened at the end of India–Sri Lanka foreign secretary consultations in July 2003, when the Sri Lankan government agreed for the first time to consider proposals for licensed fishing. This can be revisited.

Looping in fishermen themselves

• Though the idea of meetings among fishermen was conceptualized way back in 2003, it was not pursued seriously.
• Arranging frequent meetings between fishing communities of both countries could be systematized so as to develop a friendlier atmosphere mid-seas during fishing.
• Starting ferry services between India and Sri Lanka can improve people to people linkages. Mutual recognition of each other’s concerns and interests can improve the relationship between both countries.
• Media personnel can be invited to witness those practical issues confronted by the fishermen in each country. This would make a qualitative difference in reporting.

Way Forward

• Action should be taken immediately to end the use of mechanized trawlers within one year, and the government should implement a buy-back arrangement as soon as possible.
• Through incentives and persuasion, fishermen from the Palk Bay could be encouraged to switch over to deep-sea fishing in the Indian exclusive economic zone and in international waters.
• Social security reforms for the fishermen community is necessary to empower them.
• Diversification of livelihood options of fishermen.
• Improving the fishing industry by itself like there is huge untapped potential for processed foods which will not only boost infrastructure in this sector but also reduce wastages.

Conclusion

The success of diplomacy lies in converting a crisis into an opportunity. If New Delhi and Tamil Nadu are determined, they can create a win-win scenario in the Palk Bay.

Overall, if the fishermen issue is not approached holistically, the marine frontiers between India and Sri Lanka will remain fishy and troubled. Ultimately, India must view the Palk Bay region as a common heritage of the two countries and project this vision.

References

https://www.thehindu.com/news/international/indian-trawlers-are-back-say-sri-lankas-fishermen/article32024955.ece

https://www.thehindu.com/news/national/tamil-nadu/why-are-several-tn-fishermen-in-trouble-with-the-sri-lankan-navy/article22716002.ece

https://carnegieindia.org/2016/09/09/india-sri-lanka-fisheries-dispute-creating-win-win-in-palk-bay-pub-64538

https://timesofindia.indiatimes.com/india/peace-at-bay-why-the-india-lanka-fishing-issue-continues-to-fester/articleshow/72349257.cms

https://journals.sagepub.com/doi/full/10.1177/0974928417749643

Many countries are suggesting various levels of containment in order to prevent the spread of COVID-19. With these worries, schools and universities are closing down and moving abruptly to online platforms and remote education. This sudden change has us asking, “Is the education system in India on a verge of collapse?”

Context

Sometime in the second week of March, governments across the country began shutting down schools and colleges temporarily as a measure to contain the spread of the novel coronavirus. It’s been almost four months. The debate over future of education has led to various concerns among students, parents, educational institutions as well as policymakers.

Social distance and Education

Schools, Colleges and various Institutes across the globe are simply instructed to limit the exposure of susceptible student population. This includes measure such as-

• School closures
• Postponing/rescheduling examinations
• Cleaning and sanitization of premises
• Consideration of long-term contingency

How Education has been impacted so far?

1) Delays

• Standardized testing and school admissions are being delayed across the country.
• Some states have opted to cancel or delay standardized testing, while others are thinking of extending the school year due to delays and many missed days of school.

2) Challenges for staff and students

• Adaption issues: As school and university staff learn how to convert their lessons to online platforms, both students and staff are learning how to deal with remote learning and communication.
• Overnight change: Though technology has already had a big hand in most school affairs, the new dependence on technology for every aspect of education is forced to occur overnight.

3) Learning impairments

• Lack of concentration: Younger children, as well as specially-abled students, find it difficult to concentrate on full capacity with online educational tools.
• Young children need the assistance of in-person instruction and may find it difficult to concentrate on a typical frontal class conducted on a computer.
• Specially-abled ones: Students with special needs, who also rely on in-person instruction, may find it especially difficult to switch to online platforms.
• These difficulties may require a more unique approach to online learning or may demand the extra assistance of parents as these students navigate a new educational paradigm.

4) Fear of dropouts and child labour

• Disadvantaged, at-risk, or homeless children are more unlikely to return to school after the closures are ended, and the effect will often be a life-long disadvantage from lost opportunities.
• A livelihood loss for low earning families has drawn severe triggers for dropouts and child labour as well.

5) Productivity and employment

• The pandemic has significantly disrupted the higher education sector as well, which is a critical determinant of a country’s economic future.
• A large number of Indian students—second only to China—enroll in universities abroad, especially in countries worst affected by the pandemic, the US, UK, Australia and China.
• Many such students have now been barred from leaving these countries. If the situation persists, in the long run, a decline in the demand for international higher education is expected.
• Recent graduates in India fear the withdrawal of job offers from corporates because of the current situation.

6) Strain on the health-care system

• Women make up almost 70% of the health care workforce, exposing them to a greater risk of infection.
• They often cannot attend work because of childcare obligations that result from school closures.
• This means that many medical professionals are not at the facilities where they are most needed during a health crisis.

Consequences: A setback beyond closures

• Children have fewer opportunities of learning from home. Further, closure of schools is likely to lead to parents missing work, in order to stay at home and take care of the children.
• This also affects productivity, incurs a loss in wages, consequently affecting the community and the economy as a whole.
• Midday meals: Schools in India also have a social element attached to them. With closed schools, the health and nutrition of students will be affected, especially schedule caste and scheduled tribes.

Response to the Crisis

The Indian government has taken cognizance of the untapped potential of e-learning.

E-VIDYA: The one-nation-one platform facility through the PM E-Vidya platform and a dedicated channel for students from Class 1 to Class 12 will liberalize distance and online learning regulatory framework. Moreover, emphasis on community radio, podcasts, and customized content for differently-abled will enable more inclusivity into access to education.

Rise of MOOCS: The UGC has encouraged them to adopt massive open online courses (MOOCs) offered on its SWAYAM platform for credit transfers in the coming semesters.

Encouraging VidyaDaan: The Union HRD Ministry has e-launched VidyaDaan 2.0 program for inviting e-learning content contributions. ‘Vidya Daan’ is a digital program to enable contributions to improve teaching & learning.

Distant Learning has its limitations

In India, 320 million students have been affected by COVID-19 school closures. Needless to say, the pandemic has transformed the centuries-old, chalk–talk teaching model to one driven by technology. Online learning has become a critical lifeline for education, which has its inherent limitations.

1) Digital illiteracy and Lack of technology access

• “Online teaching” ignores India’s immense digital divide—with embedded gender and class divides.

• Digital illiteracy and lack of access to technology or fast, reliable internet access prevent students in rural areas and from disadvantaged families.
• It is an obstacle to continued learning, especially for students from disadvantaged families.

2) Unequal access to educational resources

• Lack of limitations and exceptions costly paid courses can also have an impact on the ability of students to access the textbooks and materials they need to study.
• Several initiatives are now being taken by the government to grant that students and teachers can have access to open educational resources or understand copyright limitations.

3) Nutrition and food insecurity

• Nutrition plays a critical role in cognitive development and academic performance for children.
• Many children rely on free or discounted meals at schools or the food under the Midday Meal Scheme.
• When schools close, nutrition is especially compromised for children.

4) Passive learning

• India is a country where the backbone for online learning is not yet ready and the curriculum was never designed for such a format.
• The sudden shift to online learning without any planning has created the risk of most of our students becoming passive learners and they seem to be losing interest due to low levels of attention span.
• We are now beginning to realize that online learning could be dull as it is creating a new set of passive learners which can pose new challenges.

Lessons learned during the Lockdown

While lamentable, the disruption to education systems worldwide offers valuable lessons and provides a unique opportunity to reimagine education, the curriculum, and pedagogy.

The current system gives a disproportionate emphasis on information transfer and not the knowledge.

1) The digital divide needs to be bridged

• Technology has the potential to achieve universal quality education and improve learning outcomes.
• But in order to unleash its potential, the digital divide (and its embedded gender divide) must be addressed.
• Digital capabilities, the required infrastructure, and connectivity must reach the remotest and poorest communities.
• Access to technology and the internet is an urgent requirement in the information age. It should no longer be a luxury.

2) The curriculum needs a revamp

• While teachers are struggling to learn digital ways of communicating with their students, it is clear that we need to pay close attention to what we teach.
• This crisis is teaching us that curricula must be grounded in students’ realities, cultivating critical, creative, and flexible thinking, resilience, and empathy in students.
• Developing a symbiotic relationship with our environment has taken on a new urgency, and teachers must help students think about their relationship with the universe and everyone and everything in it.
• Now is the time for governments to integrate such a curriculum into the national curricular framework.

3) A wider cadre of teachers need to be created

• This crisis is forcing teachers to reinvent their roles from that of transferring information to enabling learning.
• The shift to distance learning has afforded many opportunities to teach differently, encouraging self-learning, providing opportunities to learn from diverse resources, and allowing customized learning for diverse needs through high-tech and low-tech sources.

4) Empowering the community with resources

• Continuing education amid school closures has also taught us an important lesson about the role of the community in teaching our children.
• Improving the education system requires a decentralized, democratic community-based approach, where community ownership of education is cultivated.
• Important for this is the hiring of local teachers (with adequate Dalit and female representation), which increases teachers’ accountability to children’s families and their ability to empathize with students’ lives.

UNESCO recommendations

The UNESCO has made these recommendations for engaging in online learning:

• Develop distance learning rules and monitor students’ learning process: Define the rules with parents and students on distance learning. Design formative questions, tests, or exercises to monitor closely students’ learning process.
• Examine the readiness and choose the most relevant tools: Decide on the use of high-technology and low-technology solutions based on the reliability and availability of resources. This could range through integrated digital learning platforms, video lessons, MOOCs, to broadcasting through radios and TVs.
• Ensure inclusion of the distance learning programmes: Implement measures to ensure that students including those with disabilities or from low-income backgrounds have access to distance learning programmes if only a limited number of them have access to digital devices.
• Prioritize solutions to address psychosocial challenges before teaching: Create communities to ensure regular human interactions, enable social caring measures, and address possible psychosocial challenges that students may face when they are isolated.
• Plan the study schedule of the distance learning programmes: Plan the schedule depending on the situation of the affected zones, level of studies, needs of students’ needs, and availability of parents.
• Provide support to teachers and parents on the use of digital tools: Organise brief training or orientation sessions for teachers and parents as well, if monitoring and facilitation are needed.
• Blend appropriate approaches and limit the number of applications and platforms: Blend tools or media that are available for most students, both for synchronous communication and lessons and for asynchronous learning.
• Define the duration of distance learning units based on students’ self-regulation skills: Keep a coherent timing according to the level of the students’ self-regulation and abilities especially for live-streaming classes. Preferably, the unit for primary school students should not be more than 20 minutes, and no longer than 40 minutes for secondary school students.
• Create communities and enhance connection: Create communities of teachers, parents, and school managers to address a sense of loneliness or helplessness, facilitate sharing of experience and discussion on coping strategies when facing learning difficulties.

Way Forward

A multi-pronged strategy is necessary to manage the crisis and build a resilient Indian education system in the long term.

Immediate measures like Open-source digital learning solutions and Learning Management Software should be adopted so teachers can conduct teaching online.

The DIKSHA platform, with reach across all states in India, can be further strengthened to ensure accessibility of learning to the students.

It is important to reconsider the current delivery and pedagogical methods in school and higher education by seamlessly integrating classroom learning with e-learning modes to build a unified learning system.

There is an information explosion in India. It is important to establish quality assurance mechanisms and quality benchmark for online learning developed and offered by India HEIs as well as e-learning platforms that are experiencing a boom.

Conclusion

Online classes are no substitutes for classroom lectures for a variety of reasons. The digital divide is one off the reason. Surely, it should be built as a complementary tool.

References

https://government.economictimes.indiatimes.com/news/education/covid-19-pandemic-impact-and-strategies-for-education-sector-in-india/75173099

https://www.brookings.edu/blog/education-plus-development/2020/05/14/covid-19-in-india-education-disrupted-and-lessons-learned/

http://confluence.ias.ac.in/the-impact-of-the-coronavirus-sars-cov-2-on-the-education-sector-in-india/

https://www.indiatoday.in/education-today/featurephilia/story/covid-19-4-negative-impacts-and-4-opportunities-created-for-education-1677206-2020-05-12

http://bweducation.businessworld.in/article/Decoding-COVID-19-Impact-On-Indian-Education-/05-06-2020-194419/

https://www.uopeople.edu/blog/impact-of-coronavirus-on-education/

https://www.indiaeducation.net/resources/articles/impact-of-coronavirus-on-education.html

We have been having a bad summer! The Nepalese have face-palmed us, the Chinese have taken our territory and let not forget the Covid crisis. Now Donald Trump has dealt a blow to thousands aspiring for a career in the US.

The US administration extended the 60-day ban on immigration and non-immigrant worker visas till the end of 2020. Popular work visas including the much-coveted H-1B and H-2B, and certain categories of H-4, J, and L visas would also remain suspended until December 31.

Apart from the suspension of these work visas, the executive order signed by Trump has also made sweeping changes to the H-1B work visa norms, which will no longer be decided by the currently prevalent lottery system. The new norms will now favour highly-skilled workers who are paid the highest wages by their respective companies.

What are H-1B, H-2B, L and other work visas?

• In order to fill a vacuum of highly-skilled low-cost employees in IT and other related domains, the US administration issues a certain number of visas each year which allows companies from outside the US to send employees to work on client sites.
• Of these work visas, the H-1B remains the most popular among Indian IT companies.
• The US government has a cap of 85,000 total H-1B visas for each year.

Here are the visas that have been put on hold till December 2020:

1) H-1B visa

What is it: The H-1B visa category covers individuals who “work in a speciality occupation, engage in cooperative research and development projects administered by the US Department of Defense or are fashion models that have national or international acclaim and recognition.”

Who’s covered: The H-1B is most well known as a visa for skilled tech workers, but other industries, like health care and the media, also use these visas.

2) H-2B visa

What it is: According to USCIS, the H-2B program allows US employers or agents “to bring foreign nationals to the United States to fill temporary non-agricultural jobs.”

Who’s covered: They generally apply to seasonal workers in industries like landscaping, forestry, hospitality and construction.

3) J-1 visa

What it is: The J-1 visa is an exchange visitor visa for individuals approved to participate in work-and-study-based exchange visitor programs in the United States.

Who’s covered: The impacted people include interns, trainees, teachers, camp counsellors, au pairs and participants in summer work travel programs.

4) L-1 visa

What it is: The L1 Visa is reserved for managerial or executive professionals transferring to the US from within the same company, or a subsidiary of it. The L1 Visa can also be used for a foreign company opening up US operations.

Who’s covered: Within the L1 Visa, there are two subsidiary types of visas

• L1A visa for managers and executives.
• L1B visa for those with specialized knowledge.

The story of work visas

• The 1952 scheme: Since it was started in 1952, the H-1 visa scheme has undergone many changes and revisions to allow or disallow certain categories of skilled workers in the US, depending on the economic situation of the country.
• Harnessing the technology boom: The technology boom coupled with the arrival of the internet and low-cost computers in developing nations such as India and China saw a large number of graduates willing to work at relatively low costs in the US.
• This is often the win-win situation for both the employer in the US and the employee.
• Bypassing Americans: However, it has since often been criticised for sending low-cost workers to the US at the expense of domestic workers.

Trumps in ‘The Protectionism’

• Donald Trump coming to power: In January 2017, after taking over as the president of the US, Trump had hinted that the low-cost workers were hampering the economy and undercutting jobs of citizens.
• Delivering election vendetta: The US had then hinted at reforming the “broken” H-1B visa system.
• COVID uncertainties: Trump seized the opportunity provided by the economic contraction due to Covid-19 by first banning the entry of non-immigrant workers till June 23, and then extending it till December 31.
• Sudden unemployment: The White House reasoned that the ongoing pandemic has “significantly disrupted Americans’ livelihoods”, to the extent that the overall unemployment rate quadrupled between February and May 2020 to a little over 13%.

Motive behind the visa ban

• Breaking the chain: The ban implies that U.S. firms or others with U.S. operations who rely on skilled foreign nationals working in the U.S. will be unable to make new hires as long as the ban stands.
• Looming slowdown: Many firms are unlikely to do any hiring at this economically depressed time.
• Upcoming elections’ agenda: As per popular opinion, this is a method by the US President to reach out to the voter base.
• Yet again- ‘America first’: Trump would take all moves to build political capital in the name of the “America First” mantra — a foregone conclusion given his outspokenness on the subject to date.

Who all does it impact?

• The visa ban means those who do not have a valid non-immigrant visa as of June 23 and are outside of the US, will not be allowed to enter the country until December 31.
• Workers in essential services in the food sector have been given some reprieve, and their entry shall be decided by the consular officer of immigration services.
• H-1B, H-2B, J and L visa holders, and their spouse or children already present in the US shall not be impacted by the new worker visa ban.
• H-1B visas are generally approved for a period of three years for a person, but many visa holders change employers to extend their US stay.
• Foreign nationals outside the US, who were to begin work on an H-1B visa or even L-1 visas (intra-company transfer) – but do not as yet hold a valid visa, as well as dependents who were to accompany them (be it spouses or dependent children) will have to wait longer, till the ban expires.

Will Indian corporations be hit?

This visa ban come at a crucial inflexion point for the Indian economy when restrictions on the movement of people and goods slowly will be lifted after India passes its peak viral case numbers. This would create a knock-on effect from IT to other sectors.

1) IT sector

• Indian IT companies are amongst the biggest beneficiaries of the US H-1B visa regime and have since the 1990s cornered a lion’s share of the total number of visas issued each year.
• As of April 1, 2020, the US Citizenship and Immigration Services (USCIS) had received about 2.5 lakh H-1B work visa applications, according to official data.
• Indians had applied for as many as 1.84 lakh or 67 per cent of the total H-1B work visas for the current financial year ending March 2021.
• India’s IT services exports to the U.S., which depend significantly on the H-1B visa, have been an important constituent element of bilateral economic trade.
• Though the large Indian IT companies have cut down their dependency on H-1B and other worker visas by hiring as much as 50 per cent of staff locally, they still rely on these visas to keep costs in check.

2) Highly skilled workers

• Favouring highest-paid worker could result in a significant impact on margins and worker wages of Indian IT companies which send thousands of low-cost employees to work on client sites in the US.
• This, in turn, impacts their remuneration in the long term.

Silver lining

• Newer opportunities for Indian high skilled workers in the IT sector in other countries outside of the US will be explored after this ban.
• H1B1 has drawn away from the best talent from India for decades. This move may cause reverse brain gain for better growth of the Indian tech industry.
• These would in turn benefit innovation, R&D for nurturing the growing start-up sector in India.
• Most of the companies have become capable of handling their work remotely in the wake of the COVID-19 pandemic. This has provided resilience to the Indian tech sector against international mobility restrictions.
• With this ban, already employed skilled workers from India may get higher salaries which in turn would increase the inflow of remittances.

Criticism within the US

• Google CEO Sunder Pichai has expressed disappointment over the proclamation, and said he would stand with immigrants and work to expand opportunity for all.
• He said that immigration has contributed immensely to America’s economic success, making it a global leader in tech, and also Google the company it is today.
• The ban on issuing visas will harm employers, families, universities, hospitals, communities, and delay America’s economic recovery.

Impact on bilateral ties

• An internal matter for the US: The freezing of non-immigration work visas is more of a US election-related issue rather than an indication of any mutual problems between India and the US.
• India & the US share global strategic partnership, based on shared democratic values and similarity of interests on bilateral, regional and global issues.
• However despite this strong bond and despite hectic talks at diplomatic levels between India and the US, the Trump administration decided in favour of implementing the ban.
• The issue becomes a sensitive one as US cooperation becomes strategically necessary for India amid its border tensions and skirmishes with China.

Way Forward

• For its benefits, the US should amend the H-1B programme, not end it.
• Immigrants have played a crucial role in making the USA a global leader in cutting edge technology.
• Suspending the visas will only weaken the USA’s economy and its health care workforce at a time when there is a need to strengthen both.
• Politics should not trump smart policy and the ingenuity of migrant workers should be harnessed to revive an economy in dire straits.

Conclusion

• India needs to keep the US on its side for strategic and security reasons.
• But the immediate future of the relationship depends on the upcoming US presidential elections.
• If India-US relationship is a defining one for this century, as PM Modi has said, the visa ban decision should not let this sour in.
• Lastly, we can conclude that the US has maligned its image of being the global ambassador of Liberalism.

References

https://indianexpress.com/article/explained/us-h1b-visa-suspension-india-it-companies-6471966/

https://www.thehindu.com/news/national/the-hindu-explains-how-will-the-us-visa-ban-impact-india/article31935322.ece

https://economictimes.indiatimes.com/nri/visa-and-immigration/trumps-h1-b-order-makes-it-impossible-for-many-indians-to-return-to-their-lives-in-the-us/articleshow/76663260.cms?from=mdr

https://www.theweek.in/news/biz-tech/2020/06/23/how-will-trump-H1B-visa-ban-affect-indians.html

The Rajya Sabha elections were recently concluded. Leaving aside the tussle for majority in Rajya sabha(to get bills passed), this body has been in news for many reasons. One of the primary debate also questions the very need of an upper house. So, in today’s article we will talk about THE House of elders. The voting procedure, functions and analysis on it’s present need – yes! everything is written below.

The Rajya Sabha

• The Rajya Sabha or Council of States is the upper house of the bicameral Parliament.
• It currently has a maximum membership of 245, of which 233 are elected by the legislatures of the states and union territories using single transferable votes through Open Ballot.
• The President can appoint 12 members for their contributions to art, literature, science, and social services.
• Members sit for terms lasting six years, with elections every year but almost a third of the 233 designates up for election every two years, specifically in even-numbered years.

A Historical background

• The Rajya Sabha came into being on April 3, 1952, and held its first session on May 13 the same year.
• The Constituent Assembly, which was formed in 1947, after the adoption of the Constitution became the Provisional Parliament and made laws till 1952.

Before its existence

• The central legislature that came into being under the Government of India Act, 1919 was bicameral.
• Under 1919 Act, Council of States had 60 members and Legislative Assembly had 145 members.
• The membership and voting norms for the Council of States were restrictive. These restrictions meant only wealthy landowners, merchants and those with legislative experience could enter it.
• Women could neither vote nor seek membership.
• The Government of India Act, 1935 proposed an elaborate and improved version of the second chamber, but this never materialized.

Elections to the Rajya Sabha

Qualifications

Article 84 of the Constitution lays down the qualifications for membership of Parliament. A member of the Rajya Sabha must:

• Be a citizen of India; Be at least 30 years old. (Article 84 constitution of India)
• Be elected by the Legislative Assembly of States and UTs by means of the single transferable vote through proportional representation.
• Not be: a proclaimed criminal, a subject of an insolvent, of unsound mind.
• Not hold any other office of profit under the Government of India.
• Possess such other qualifications as may be prescribed in that behalf by or under any law made by Parliament.

In addition, twelve members are nominated by the President of India having special knowledge in various areas like arts and science. However, they are not entitled to vote in Presidential elections as per Article 55 of the Constitution.

Election procedure

• Candidates fielded by political parties have to be proposed by at least 10 members of the Assembly or 10% of the party’s strength in the House, whichever is less.
• For independents, there should be 10 proposers, all of whom should be members of the Assembly.

Voting procedure

• Voting is by single transferable vote, as the election is held on the principle of proportional representation.
• A single transferable vote means electors can vote for any number of candidates in order of their preference.
• A candidate requires a specified number of first preference votes to win. Each first choice vote has a value of 100 in the first round.
• To qualify, a candidate needs one point more than the quotient obtained by dividing the total value of the number of seats for which elections are taking place plus one.
• The formula simply is [(Number of MLAs X 100) / (Vacancies + 1)] + 1.

Example: If there are four seats and 180 MLAs voting, the qualifying number will be 180/5= 36 votes or value of 3,600.

Note: The Rajya Sabha polls have a system of the open ballot, but it is a limited form of openness. There is a system of each party MLA showing his or her marked ballots to the party’s authorised agent (called Whip), before they are put into the ballot box.

The NOTA option has been struck down by the Supreme Court in RS elections.

The Power Equation: Lok Sabha Vs Rajya Sabha

The Indian Constitution provides for parity of powers between the Lok Sabha and the Rajya Sabha in law, making an exception in some cases.

The Money Bill or Finance Bills can be introduced only in the Lok Sabha which only can approve the Demands for Grants.

On the other hand, the Rajya Sabha has some special powers as requiring adopting a resolution allowing Parliament to legislate on subjects in the State List and creating All India Services, besides approving proclamations of Emergency and President’s Rule when the Lok Sabha is dissolved.

Renowned British philosopher and political economist John Stuart Mill as early as in 1861 said in his great treatise Considerations on Representative Government that management of free institutions requires conciliation; a readiness to compromise; a willingness to concede something to opponents and mutual give and take. Truly, Rajya sabha plays this role in Indian legislature.

In detail: Powers and Functions of the Rajya Sabha

1. Legislative Powers:

• In the sphere of ordinary law-making, the Rajya Sabha enjoys equal powers with the Lok Sabha. An ordinary bill can be introduced in the Rajya Sabha and it cannot become a law unless passed by it.
• In case of a deadlock between the two Houses of Parliament over an ordinary bill and if it remains unresolved for six months, the President can convene a joint sitting of the two Houses for resolving the deadlock.
• This joint sitting is presided over by the Speaker of the Lok Sabha. But if the deadlock is not resolved, the bill is deemed to have been killed.

2. Financial Powers:

• In the financial sphere, the Rajya Sabha is a weak House.
• A money bill cannot be introduced in the Rajya Sabha. It can be initiated only in the Lok Sabha.
• A money bill passed by the Lok Sabha comes before the Rajya Sabha for its consideration.

3. Executive Powers:

• Members of the Rajya Sabha can exercise some control over the ministers by criticizing their policies, by asking questions and moving motions etc.
• Some of the ministers are also taken from the Rajya Sabha. The PM can also be from Rajya Sabha if the majority party in the Lok Sabha may elect/adopt him as its leader.

4. Electoral Powers:

• The Rajya Sabha has some electoral powers also. The elected members of the Rajya Sabha along with the elected members of the Lok Sabha and all the State Legislative Assemblies together elect the President of India.
• The members of the Rajya Sabha Lok Sabha together elect the Vice- President of India.
• Members of the Rajya Sabha also elect a Deputy Chairman from amongst themselves.

5. Judicial Powers:

• The RS acting along with the Lok Sabha can impeach the President on charges of violation of the Constitution.
• The RS can also pass a special address for causing the removal of a judge of the Supreme Court or of any High Court.
• The charges against the Vice-President can be levelled only in the RS.
• The RS can pass a resolution for the removal of some high officers like the Attorney General of India, Comptroller and Auditor General and Chief Election Commissioner.

6. Miscellaneous Powers:

The Rajya Sabha and Lok Sabha jointly perform the following functions:

• Approval of the ordinances issued by the President,
• Ratification of an emergency proclamation,
• Making any change in the jurisdiction of the Supreme Court and the High Courts, and
• Making any change in the qualifications for the membership of the Lok Sabha and the Rajya Sabha.

7. Exclusive Powers

The Rajya Sabha enjoys two exclusive powers:

(i) The Power to declare a subject of State List as a subject of National Importance:

The Rajya Sabha can pass a resolution by 2/3rd majority of its members for declaring a State List subject as a subject of national importance. Such a resolution empowers the Union Parliament to legislate on such a state subject for a period of one year. Such resolutions can be repeatedly passed by the Rajya Sabha.

(ii) Power in respect of Creation or Abolition of an All India Service:

The Rajya Sabha has the power to create one or more new All India Services. It can do so by passing a resolution supported by 2/3rd majority on the plea of national interest. In a similar way, the Rajya Sabha can disband an existing All India Service.

Limitations to its powers

The Constitution places some restrictions on Rajya Sabha; the Lok Sabha is more powerful in certain areas as such:

1. Money bills

• A money bill can be introduced only in the Lok Sabha by a minister and only on recommendation of President of India.
• When the Lok Sabha passes a money bill then the Lok Sabha sends money bill to the Rajya Sabha for 14 days during which it can make recommendations.
• Even if Rajya Sabha fails to return the money bill in 14 days to the Lok Sabha, that bill is deemed to have passed by both the Houses.

Also, if the Lok Sabha rejects any (or all) of the amendments proposed by the Rajya Sabha, the bill is deemed to have been passed. Hence, Rajya Sabha can only give recommendations for a money bill but Rajya Sabha cannot amend a money bill.

There is no joint sitting of both the houses with respect to money bills, because all final decisions are taken by the Lok Sabha.

2. Joint Sitting of the Parliament

• Article 108 provides for a joint sitting of the two Houses of Parliament in certain cases.
• Considering that the numerical strength of Lok Sabha is more than twice that of Rajya Sabha, Lok Sabha tends to have a greater influence in a joint sitting of Parliament.  A joint session is chaired by the Speaker of Lok Sabha.

Joint sessions of Parliament are a rarity, and have been convened only three times in last 71 years, for the purpose of passage of a specific legislative act, the latest time being in 2002:

• 1961: Dowry Prohibition Act, 1958
• 1978: Banking Services Commission (Repeal) Act, 1977
• 2002: Prevention of Terrorism Act, 2002

 3. No confidence motion:

• • The Union Council of Ministers is collectively responsible before the Lok Sabha and not the Rajya Sabha.
  • Lok Sabha alone can cause the fall of the Council of Ministers by passing a vote of no-confidence.

Rajya Sabha: A destructionist?

• An analysis by the Secretariat revealed that the productivity of the Rajya Sabha till 1997 has been 100% and above and the past 23 years have thrown up a disturbing trend of rising disruptions.
• This decline is primarily on account of disruptions forcing cancellation of Question Hour frequently. Disruptions also dent the quality of law-making as seen in passing of Bills without discussion sometimes.
• However, the Rajya Sabha is proving to be more and more a ‘deliberative’ body with increasingly more time being spent on this function.
• According to various members of Lok Sabha, Rajya Sabha has done nothing except stalling legislative works and causing policy paralysis in the country.
• For critics, the Upper House serves no purpose as its members are not directly elected and hence are not accountable to the people.
• Rajya Sabha often has members from the party defeated in various elections, or are from political families, and due to political differences, they do not allow passage of important bills.
• So many extra members are an added burden on exchequer which can be done away with.
• Politics of boycotting and creating ruckus in the house and toeing on the party-line even on the issue that won’t attract disqualification provisions is a worrying thing.
• At the same time, in terms of working, Rajya Sabha does not have sufficient powers in financial matters to bring any change and they are without any direct public interaction. Hence its purpose in modern democracy seems outdated.

Importance of Rajya Sabha and Why It Should Continue

• According to President Radhakrishnan, there are functions, which a revising chamber like Rajya Sabha can fulfil fruitfully. Parliament is not only a legislative but a deliberative body. So far as its deliberative functions are concerned, Rajya Sabha has made very valuable contributions time and again.
• It’s true that party dynamics affects the working of Rajya Sabha. But in democracy passion often defeat the normal rationality. Thus a revising house is needed to check such adrenal rush.
• While the argument of members not able to win in direct elections holds true, but retaining talent is essential for any democratic system. Losing valuable talent during election fervours has mostly been corrected by Rajya Sabha. It has also given entry to other experts like scientist, artist, sportsmen etc that can rarely face the electoral politics.
• While Lok Sabha have members for each state, the Hindi belt domination is a constant theme. Hence other state interests, like those in North East, have always been taken up by the Rajya Sabha.
• While it can’t bring no confidence motion or amend money bill, its role in checking arbitrariness of government, as reflected in Land Ordinance, is necessary in democracy. Besides its special role in All India Services, legislation in State List too necessitates its existence.
• Men and women of prodigious talent and calibre have adorned the benches of the upper house and have contributed significantly towards realising the vision of the founding fathers of the Constitution.
• A permanent Upper House is also a check against any abrupt changes in the composition of the Lower House.
• Rajya Sabha has continuity and is a permanent house.
• Unlike Lok Sabha, it cannot be dissolved by anyone. Thus it has, time and often, carried out some administrative functions even when the lower house is dissolved. It has members with experienced players while there may be new entrants in the Lok Sabha.

By virtue of this, Rajya Sabha can’t be said to be ‘obstructive’.

Conclusion

A study of the powers of the Rajya Sabha leads us to the conclusion that it is neither a very weak house like the British House of Lords nor a very powerful house as the American Senate. Its position is somewhat mid-way between the two. It has been less powerful than Lok Sabha but it has been not a very weak or insignificant House.

Instead of engaging in the debate of if we need upper house or not, more constructive outlook would be improve it’s functioning. Clearly, the recommendations are present from NCRWC to 2nd ARC. The need is implementation and political support.

Try this question from our AWE Initiative:

How far do you agree with the view that Rajya Sabha has done nothing exceptional in last 70 years except stalling work and therefore it should be abolished? (10 Marks)

References

https://en.wikipedia.org/wiki/Rajya_Sabha

https://www.civilsdaily.com/news/explained-how-are-elections-to-the-rajya-sabha-held/

https://www.thehindu.com/news/national/comment-do-numbers-matter-in-rajya-sabha/article31569127.ece

https://www.yourarticlelibrary.com/political-science/rajya-sabha-functions-and-powers-of-the-rajya-sabha/40342

Healthcare is LITERALLY the talk of the town right now. But for all the wrong reasons. Whether it is the lack of beds/ventilators or high cost of treatment, COVID has amplified our present deficiencies.  Like rest of the world, Indians are for the first time so singularly focused on healthcare and public health amid this pandemic. And everyone suddenly wants to fix healthcare!

Confucius, it is said, once observed, “a seed grows with no sound, but a tree falls with huge noise. Destruction has noise, but creation is quiet”. As we all know, the world is at a crossroads. With COVID-19, many of our beliefs and the systems we follow are bound to change OR even get collapsed!

Healthcare in India: A Background

• The Indian Constitution has incorporated the responsibility of the state in ensuring basic nutrition, basic standard of living, public health, protection of workers, special provisions for disabled persons, and other health standards, which were described under Articles 39, 41, 42, and 47 in the DPSP.
• Article 21 of the Constitution of India provides for the right to life and personal liberty and is a fundamental right.
• Public Health comes under the state list.
• India’s expenditure on healthcare has shot up substantially in the past few years; it is still very low in comparison to the peer nations (at approx. 1.28% of GDP).

All-time Paradoxes of Indian Healthcare

(1) Healthcare is a fundamental right, but it is not fundamentally right in India:

The Supreme Court has held healthcare to be a fundamental right under Article 21 of the Constitution.

The expenditure on healthcare is one of the lowest in the world, lower than nations with similar economic growth rates. Though our economy has grown robustly post-liberalization, investment in healthcare has consistently hovered around 1% of the GDP. In the 2020-21 Budget, it was 1.02% of overall expenditure.

(2) Sector attracts investments, but delivery remains contentious:

India’s healthcare sector has attracted a steady stream of investments, albeit at the higher end of the value chain — the secondary & tertiary care. Lack of penetration, inflated billing, opaqueness in diagnosis, and poor quality of service has ensured that most Indians get treated below the standards prescribed by the WHO.

(3) Among the cheapest in the world, yet unaffordable for most locally:

Healthcare in India is cheap. For example: Compared to India, the cost of a knee replacement treatment is over twenty times more in the US and double in Malaysia. Yet India has one of the world’s highest rates of out-of-pocket spending in healthcare. There are millions in India who cannot afford these procedures in their own country.

(4) Less than one doctor for 1,000 patients, but medical tourism booms:

India treated 3.6 lakh foreign patients in 2016 and the country’s medical tourism market is expected to grow to $7-8 billion by 2020. The doctor-patient ratio in India is less than the WHO-prescribed limit of 1:1000. There is a dearth of medical schools and clinicians.

Most hospitals in India are overburdened, understaffed, and ill-equipped. However, all this has not prevented the private healthcare sector to establish sophisticated medical tourism facilities on the plank of ‘world-class service at low cost’.

(5) Stark divergence in healthcare outcomes within the country:

Healthcare being a state subject, the healthcare outcomes have remained divergent based on the quality of the state administration. While North India is the most populated part of India, it has one of the most undeserved healthcare infrastructures in the country.

Is India prepared to face this pandemic?

• Current health infrastructure in India paints a dismal picture of the healthcare delivery system in the country.
• Public health experts believe that India is ill-equipped to handle such emergencies. It is not prepared to tackle health epidemics, particularly given its urban congestion.
• Post unlock, the spread is at a galloping rate.
• The slum clusters all around the cities and the unhygienic growth, poor waste disposal system will only aggravate the situation.

History shows us that “blame” has been a standard human response during pandemics.

These are some issues surfaced during this pandemic ………..

(1) Poor Infrastructure

• In the 2019 Global Health Security Index, which measures pandemic preparedness for countries based on their ability to handle the crisis, India ranked 57, lower than the US at 1, the UK at 2, Brazil at 22, and Italy at 31.
• This is well revealed through indicators like hospital beds per 1,000 people.
• As per the OECD data available for 2017, India reportedly has only 0.53 beds available per 1,000 people as against 0.87 in Bangladesh, 2.11 in Chile, 1.38 in Mexico, 4.34 in China, and 8.05 in Russia.

(2) Fewer doctors per thousand

• The WHO mandates that the doctor to population ratio should be 1:1,000, while India had a 1:1,404 ratio as of February 2020.
• In rural areas, this doctor-patient ratio is as low as 1:10,926 doctors as per National Health Profile 2019.

(3) Denial of healthcare

• Despite private hospitals accounting for 62 percent of the total hospital beds as well as ICU beds and almost 56 percent of the ventilators, they are handling only around 10 percent of the workload.
• Private hospitals are reportedly denying treatments to the poor. Cases of overcharging patients are also being reported in private hospitals.
• This is seen in Bihar, which has witnessed an almost complete withdrawal of the private health sector and has nearly twice the bed capacity of public facilities.

(4) Discrepancy in Testing

• India continues to test less than it should in a post-lockdown scenario where testing is one of the most obvious ways to flatten the curve.
• The Supreme Court, after ruling on April 8 that private labs should conduct free testing, modified its decision five days later to fix the rate of one of the most dependable tests at Rs 4,500.

(5) Negligence for mental healthcare

• The tragic death of an actor and the gloom of the Covid-19 pandemic have led to much-needed conversations on mental health in the country.
• Mental health problems were already a major contributor to the burden of illness in India which usually gets unnoticed.
• The widespread anxiety due to lockdown has frustrated the laborers, farmers, and various vulnerable sections to a great extent due to the fear of impoverishment and loss of livelihoods.

Need of the hour: A tectonic overhaul

(1) Universal health coverage

• Access to healthcare in India is not equitable—the rich and the middle class would survive the COVID-19 or any other crisis but not the poor.
• As part of the SDGs, all countries have pledged to deliver universal health coverage (UHC) by 2030.
• This includes India. But, sadly, nearly 50 percent of the world’s population lacks essential health services.
• If any good comes out of this crisis, then it will be India waking up to the reality that investing in health is not a luxury. It is a basic need.

(2) Increasing healthcare professionals in numbers

• India has handled the COVID-19 pandemic exceptionally well. However, considering the rise in the number of infections, India is in dire need of more medical staff and amenities.
• If India wants to achieve a 1:1,000 ratio, it will need an additional 2.07 million doctors by 2030. For this, the government needs to increase its spending on the health sector.
• It needs to aid attempts at constructing new medical institutes.

(3) Revamping medical education

• If the government wants to stay successful in fighting the COVID-19 pandemic, it needs to rapidly build medical institutions and increase the number of doctors.
• Once COVID-19 is under control, we need to consider the psychological and professional impact of the pandemic on medical professionals.

(4) Helping the downtrodden

• How the poor are going to manage without, or even with, any government insurance scheme is a big question.
• Rather than dumping them on government hospitals only, the private hospitals should be held accountable to take on their treatment.
• They can make up for the loss by cross-subsidizing treatments of patients with premium insurance policies.

(5) Enhancing pandemic preparedness

• With COVID-19 we risk once again falling into the trap of a narrow vertical disease-specific approach.
• Decades of global health experience have revealed the limitations of narrow “vertical” disease-based programs.
• However, there is a need for recognition to combine vertical programs with “horizontal” health system strengthening.

(6) Optimum use of technology

• The COVID-19 crisis has elevated the importance of digital tools and e-health.
• There is a growing use of mobile apps, online consultations, e-pharmacies, and other tools.
• These are all welcome and must be leveraged.

(7) Looping-in private players

• For too long, India has allowed the private health sector to grow, with little regulation.
• The lack of alignment between the public and private sectors has been clearly exposed to COVID-19 testing and treatment in India.
• Time is ripe to loop in private players and promote the industrialization of health-sector.

(8) Learning from the successes

• With crumbling health infrastructure due to overburden, India’s preparedness for handling this epidemic has become a major challenge.
• The world along with India being no exception has responded with extraordinarily aggressive measures such as phased lockdowns, Bhilwara Model, Pathanamthitta Model, Taiwan model, etc.
• The success of these models is attributed to various best practices which are were implemented days before the thought of nationwide lockdown was incepted.

Kindly refer for various success models:

[Burning Issue] Success stories in handling COVID-19 crisis

Way Forward

• The aerial spread of the pandemic post unlock poses a threat of rapid dissemination but it can still be contained with an efficient response that combines effective public health, microbiological, clinical, and communication responses.
• While our laboratory network has improved somewhat, but much needs to be done to improve the community facing primary health services and risk communication to the public.
• Kerala’s success in responding swiftly and smartly to the outbreak should be a role model for other states.

Conclusion

India’s healthcare system is too small for such a large population. There seems to be a long battle ahead. The public healthcare system cannot be improved overnight. The country needs all hands on deck during and after this crisis—both public and private sectors must work together and deliver universal health coverage for all citizens.

Ultimately, the onus of governance always rests with the government, which needs to set standards, invest resources, ensure quality, and strategically purchase services from the private sector, as needed.

References

https://indianexpress.com/article/opinion/columns/coronavirus-epidemic-healthcare-system-public-hospitals-6449264/

https://indianexpress.com/article/opinion/columns/india-health-sector-education-coronavirus-medcine-6449332/

https://www.cnbctv18.com/views/can-the-coronavirus-crisis-guide-india-towards-an-equitable-robust-health-system-6076701.htm

https://www.ncbi.nlm.nih.gov/pmc/articles/PMC6166510/

https://economictimes.indiatimes.com/industry/healthcare/biotech/healthcare/five-paradoxes-of-indian-healthcare/articleshow/65159929.cms?from=mdr

The coronavirus has impacted countries, communities and individuals in countless ways, from school closures to health-care insurance issues, not to undermine loss of lives. As governments scramble to address these problems, different solutions based on blockchain technologies have sprung up to help deal with the worldwide crisis.

What is Blockchain Technology?

Simply, blockchain is decentralized, distributed and public digital ledger.  Blockchains is a new type of network infrastructure (a way to organize how information and value move around on the internet) that create ‘trust’ in networks by introducing distributed verifiability, auditability, and consensus.

Blockchains create trust by acting as a shared database, distributed across vast peer-to-peer networks that have no single point of failure and no single source of truth, implying that no individual entity can own a blockchain network, and no single entity can modify the data stored on it unilaterally without the consensus of its peers.

New data can be added to a blockchain only through agreement between the various nodes of the network, a mechanism known as distributed consensus. Each node of the network keeps its own copy of blockchain’s data and keeps the other nodes honest – if one node changes its local copy, the other nodes can reject it.

imagine a blockchain as a ledger—because that’s essentially how most blockchains function. Each block of data represents some new transaction on the ledger, whether that means a contract or a sale or whatever else you’d use a ledger for.

Interestingly, blockchains leverage techniques from a field of mathematics and computer science, known as cryptography, to sign every transaction (e.g. the transfer of assets from one person to another) with a unique digital signature belonging to the user who initiated the transaction.

Blockchains and Cryptocurrency – How it all began?

A cryptocurrency is a digital or virtual currency that uses cryptography for security.  The Bitcoin protocol is built on the blockchain.

• Bitcoin is an example of electronic or digital currency that works on a peer-to-peer basis.
• Bitcoins can be sent digitally to anyone who has a bitcoin address anywhere in the globe. One person could have multiple addresses for different purposes – personal, business and the like.
• A bitcoin is not printed currency but is a non-repudiable record of every transaction that it has been through. All this is part of a huge ledger called the blockchain.

There’s also a new cryptocurrency called Libra rolled out by Facebook.

• Initially, blockchain technology was linked to cryptocurrency only but today it’s application are widespread.

Various uses of Blockchain in fighting COVID-19

Blockchain could be used to improve a variety of healthcare-related processes, including record management, healthcare surveillance, tracking disease outbreaks, management crisis situations and many more.

1) Tracking Infectious Disease Outbreaks

• Blockchain can be used for tracking public health data surveillance, particularly for infectious disease outbreaks such as COVID-19.
• With increased blockchain transparency, it will result in more accurate reporting and efficient responses.
• Blockchain can help develop treatments swiftly as they would allow for rapid processing of data, thus enabling early detection of symptoms before they spread to the level of epidemics.

2) Donations Tracking

• As trust is one of the major issues in donations, Blockchain has a solution for this issue.
• There has been a concern that the millions of dollars being donated for the public are not being put to use where needed.
• With the help of blockchain capabilities, donors can see where funds are most urgently required and can track their donations until they are provided with verification that their contributions have been received to the victims.

3) Crisis Management

• Blockchain could also manage a crisis situation. It could instantly alert the public about the Coronavirus by global institutes like the WHO using smart contracts concept.
• Not only it can alert, but Blockchain could also enable to provide governments with recommendations about how to contain the virus.
• It could offer a secure platform where all the concerning authorities such as governments, medical professionals, media, health organizations, media, and others can update each other about the situation and prevent it from worsening further.

4) Securing Medical Supply Chains

• Blockchain has already proven its success stories as a supply chain management tool in various industries; similarly, it could also be beneficial in tracking and tracing medical supply chains.
• Blockchain-based platforms can be useful in reviewing, recording, and tracking of demand, supplies, and logistics of epidemic prevention materials.
• As supply chains involve multiple parties, the entire process of record and verification is tamper-proof by every party, while also allowing anyone to track the process.

6) Education

• ‘Certificates’ are a means of verifying the credentials of individuals across domains and geographies. A paper-based certification is fallible to manipulation and susceptible to fraud.
• The blockchain-based SuperCert promises anti-fraud identity intelligence blockchain solution for educational certificates.
• The immutability feature of blockchain ensures that tampering of certificate is not feasible – both the content of the certificate and the identity of the certificate holder.

7) Finance

• Blockchain integration in financial transactions will not only save time and money, but it will also make the transaction processing and authentication process much more seamless.
• Furthermore, Blockchain can be an excellent tool to monitor money laundering and black money accumulation – since all transactions are permanently stored on the Blockchain network, every transaction is accountable.
• Blockchain is also capable of dealing with issues like double spending and unauthorized spending.
• With Covid panic on use of cash currency, here one may find alternatives too.

Various Challenges in adopting Blockchains

Any transformative technology, in its initial stages of development, as it moves out of the research/development phase to first few applications to large scale deployment, faces several challenges.

• There is no confidence in the technology: It is still an innovation. Building trust in the network represents a challenge for blockchain.
• High costs and complexity of blockchain.
• Lack of understanding comes next as many executives have a vague understanding of blockchain and the changes it will bring. Many still connect it only with cryptocurrencies management.
• A general lack of standards is also a problem. Blockchain-specific vocabulary is insufficient; its terminology is both scarce and new.
• A lack of general regulation is a problem. The Supreme Court of India has ruled against a decision imposed by the country’s central bank nearly two years ago that stifled crypto trading in Asia’s third-largest economy.
• Vague data regulation in countries due to poor laws and policy is one more issue.
• Lack of blockchain talent: Whenever a groundbreaking technology emerges, the developer community needs time and resources to accommodate the new demand.
• Energy consumption The majority of blockchains present in the market consume a high amount of energy. It requires high amounts of computation power to solve a complex mathematical problem to verify and process transactions and to secure the network. Add to this the energy needed to cool down the computers, and the costs increase exponentially.

Blockchain: the India imperative

India has a unique strategy for the Government to take the lead in creating public digital infrastructure and allowing private sector innovation to leverage Blockchain for further development.

NITI Aayog has released recommendations to establish India as a vibrant blockchain ecosystem. The suggested recommendations include:

• Regulatory and policy considerations for evolving a vibrant blockchain ecosystem
• IndiaChain: Creation of a national infrastructure for the deployment of blockchain solutions with inbuilt fabric, identity platform and incentive platform
• India as blockchain hub: promotion of research and development in blockchain, in addition, to focus on skilling of workforce and students
• Procurement process for government agencies to adopt blockchain solutions
• Cryptocurrencies for India: Pegged stable coin for Indian Rupee for seamless exchange for blockchain solutions. This may be in conjunction with the need for re-evaluating cryptocurrencies.

Way Forward

• Although India is still at the nascent stage in exploring Blockchain technology, it holds is immense potential for Blockchain applications.
• The key lies in overcoming the challenges faced during the early adoption phase – if we can get past the obstacles in the initial stage, Blockchain tech can be put to good use to strengthen the Indian economy.
• The days of blockchain application have just begun and as with any new technology, blockchain will hit a few roadblocks especially with the government’s regulators across the globe.
• As the true essence of blockchain application is to take the power away from the hands of the powerful by decentralizing information and handing it over to the people- democracy in true sense.
• Nonetheless as with any movement, if people see the value the technology brings into their lives they will rally behind it and blockchain application will become mainstream in most industries in the coming years.

Conclusion

By providing help in the COVID-19 crisis and recovery, blockchain can play a pivotal role in accelerating post-crisis digital transformation initiatives and solving those problems highlighted in the current system.

However, at the present moment, blockchain is not the panacea of all the problems. While the promise and potential of blockchain are undoubtedly transformative, it is still in the nascence of its evolution.

Keeping a tab on this technology and our capacities is the right direction we can head towards.

Culturally speaking, India and Nepal share a great people to people interaction. But lately the two countries have been in news not for the camaraderie they share but the border tensions. Like China was not enough! In this article, we provide the explanation of the map related row that’s been brewing up. Also, a general outlay of the bilateral relation is discussed to provide a better understanding for your preparation.

Context

Construction of an 80-km-long road through the Lipulekh Pass got the 2 Himalayan neighbors into the fighting arena. The road was constructed with the purpose to reduce the travel time for Indian pilgrims visiting the religious shrine at Kailash-Mansarovar in Tibet. Nepal claims it to be violation of it’s borders.

But first some geography – Lipulekh Pass

• In Uttarakhand, Lipulekh Pass comes under Chaudans valley of Dharchula, a sub-district of Pithoragarh district in the Kumaon region where it links with the Byash Valley of Nepal and with Tibet, an Autonomous Region of China.
• The famous pilgrimage to Mount Kailash that is also known as Kailash Mansarovar Yatra, traverses from this pass.
• The 17,000-feet high Pass is located close to the disputed Kalapani area, which is claimed by both sides.

So, what is the issue?

• The inauguration of the “new road to Mansarovar” on May 8 by India’s defence minister has strained the relations between Nepal and India.
• While India argues that Kalapani is a part of Uttarakhand’s Pithoragarh district, Nepal claims it falls in its Darchula district.
• The 1816 Sugauli Treaty between Nepal and British India placed all the territories east of the Kali (Mahakali) river, including Limpiyadhura, Kalapani and Lipu Lekh at the northwestern front of Nepal, on its side.
• Lipu Lekh pass is 4 km northwest and Limpiyadhura 53 km west of Tinker pass.
• The borders of Nepal, India and China intersect in this area.
• Given the situation in 1961, Nepal and China fixed pillar number one at Tinker pass with the understanding that pillar number zero (the tri-junction of Nepal, India, and China) would be fixed later.

The Treaty of Sugauli

• Treaty of Sagauli, (March 4, 1816), an agreement between the Gurkha chiefs of Nepal and the British Indian government that ended the Anglo-Nepalese (Gurkha) War (1814–16).
• By the treaty, Nepal renounced all claim to the disputed Tarai, or lowland country, and ceded its conquests west of the Kali River and extending to the Sutlej River.
• Nepal remained independent, but it received a British resident with the status of an ambassador to an independent country rather than of the controlling agent of the supreme government in an Indian state.

Why is Lipulekh important for India?

• For India, the Lipulekh pass has security implications. After its disastrous 1962 border war with China, it was concerned about a possible Chinese intrusion through the pass and has been keen to hold on to the strategic Himalayan route to guard against any future incursions.
• The link road via Lipulekh Himalayan Pass is also considered one of the shortest and most feasible trade routes between India and China.
• The Nepalese reaction would probably have triggered in response to Chinese assertion.

What is Nepal’s saying in all this?

• Nepal claims Kalapani is a part of its territory, based on the Sagauli Treaty signed by Nepal’s Gurkha chiefs and British India on March 4, 1816, to end their three-year-long Anglo-Nepalese War.
• It asserts that it ceded control of the areas west of the Kali River, as well as the disputed Tarai, but retained stretches east of the water body, including Limpiyadhura, Kalapani, and Lipulekh as per the agreement.
• In 2015, Nepal had also expressed its disagreement over India and China agreed to include Lipulekh Pass as a bilateral trade route in a joint statement during PM Modi’s visit to Beijing.

Indian stance

• Nepal surrendered a part of its western territory in 1816 after its forces were defeated by the British East India company.
• The subsequent Sugauli treaty defined the origin of the Kali river as Nepal’s border point with India. But the two countries differ on the source of the Kali river.
• India argues that the exact coordinates of the river were not mentioned in the treaty and claims that improved survey techniques have redrawn the map in the years since.

So has China been meddling?

• The suspicion in Delhi is Kathmandu’s new-found confidence is because of Chinese backing.
• The Indian army chief, General MM Naravane, has said publicly that Nepal “might have raised this problem at the behest of someone else” – an indirect reference to alleged Chinese interference.
• And some mainstream right-wing media in India have called Nepal “China’s Proxy” for raising the border issue. The remarks did not go down well in Kathmandu.

Solving border disputes

• Assuming that there is political buy-in from the leadership on both sides, the one workable solution is to seek some form of co-management or shared sovereignty for the disputed territory.
• There are many bold possibilities: maybe there could be a joint deployment of military and police forces, as during the 1960s on the Nepal-China border.
• Given the trade potential, both countries could also consider establishing a special economic zone.
• Finally, it is in the interest of both that Indian and Nepali pilgrims can use the improved infrastructure in the Kalapani region to reach Mount Kailash.
• The next steps should be approval of the strip maps by the respective governments (that of the Nepalese Government is still awaited), the resolution of the differences of opinion over Kalapani and Susta, and speeding up the erection of damaged or missing border pillars.

Various facets of India-Nepal ties

1. Cultural ties

• While enjoying their own peculiarities, both India and Nepal share a common culture and ways of life.
• Religion is perhaps the most important factor and plays a predominant role in shaping the cultural relations between these two countries, marked by a cross country pilgrimage on Char Dham Yatra, Pashupatinath Temple and some Buddhist sites.
• A considerable section of Nepalese comprises of Madhesi population which has familial & ethnic ties with states of Bihar, UP.

2. Strategic ties

• Nepal is a buffer state between India and China.
• Several Nepali Citizens are also deployed in Indian defence forces as well.

3. Political ties

• Constitutional turmoil is not new in Nepal. India has played a vital role in the democratic transition in Nepal against the monarch King Gyanendra.
• Nepali Congress (NC) is one of the country’s oldest parties which supports relations with India, but the communist parties show a tilt towards China.

4. Economic ties

• Nepal is an important export market for India.
• Himalayan rivers flowing through Nepal can be used for Hydroelectric power projects which will benefit border states of UP, Bihar and other adjacent areas.
• There are three major water deals between Nepal and India, namely the Kosi Agreement, the Gandak Treaty and the Mahakali Treaty. India also exports Power to Nepal.
• Also, Nepal is the largest borrower of Indian Currency in South Asia.

India’s importance to Nepal

• India is the nearest foreign employer to Nepali Citizens, which provides various avenues of work and ease in assimilation into a foreign culture.
• Nepal’s reluctance to Mandarin has overturned several Nepali students into Indian universities.
• India is the only potential neighbour who could harness Nepal’s hydropower.
• Moreover, Indian tourists are the major movers of Nepal’s tourism sector.

Major Irritants in bilateral ties

1) Nepali nationalism and Anti-India sentiments

• Anti-India Sentiment in Nepal is largely politically motivated as it is wrongly perceived as India’s backing to Monarchy.
• The widening gap in understanding each other’s concerns has helped feed Nepali nationalism and create a dense cloud of distrust and suspicion between the two countries.
• The gap widened after India chose to impose an economic blockade in response to Nepal’s sovereign decision to promulgate a democratic constitution.

2) China factor

• Increasing Chinese presence in Nepal is one of the major concern for India. China’s move to extend the rail link to its border with Nepal can reduce its dependence on India.
• Fundamentally these Chinese agencies are building up anti-India sentiments in Nepal.
• Nepal’s assent for “One Belt One Region” (OBOR) initiative of China is viewed by India with suspicion.
• Nepal has been slowly fallen prey to China’s inroad debt trap policy.

3) India has ignored the changing political narrative for long

• The reality is that India has ignored the changing political narrative in Nepal for far too long.
• For too long India has invoked a “special relationship”, based on shared culture, language and religion, to anchor its ties with Nepal.
• The 1950 Treaty of Peace and Friendship which was sought by the Nepali authorities in 1949 is viewed as a sign of an unequal relationship, and an Indian imposition.

4) Open borders

• The issue of open borders has also been a point of debate in Nepal in recent years- Nepalese people argue that India is benefiting more from it than Nepal.
• It has an open border with India which leads to problems such as illegal migrants, counterfeit currency entry, drug and human trafficking.

5) Madhesis Issue

• Madhesis share extensive cross-border ethnic and linguistic links with India. India’s involvement in Nepali politics and the upsurge in Madhesi have deep roots in history and unless resolved.
• Madhesis protest and India’s blockade soured the relations for the worst.

Way Forward

• The onus is on India to rethink on a long-term basis how to recalibrate its relationship with Nepal provided Nepal should not ignore its relations with India.
• Broader engagement from both sides is essential towards finding a solution that satisfies both sides.
• There are many possible modalities. Maybe it could include joint military deployment, special access rights for Nepali citizens or even a free-trade zone with China.
• The India-Nepal border issues appear more easily solvable, so long as there is political goodwill and statecraft exercised on both sides.

The way to move forward is to formally approve the strip maps, resolve the two remaining disputes, demarcate the entire India-Nepal boundary, and speedily execute the work of boundary maintenance.

Conclusion

The Indian road was not built overnight and the Nepal government was surely aware and monitoring the situation in Kalapani over the preceding months and years.

But now the row appears to have reached an impasse. The Nepal PM’s earlier remarks on a solution, with possible road leasing to India, is a welcome step towards de-escalation. As both countries are laying claim to the same piece of land, the time has come for both countries to sit for talks to solve this issue.

But since then, we have only seen repeated moves from both sides that have raised the temperature, further politicized the issue and thus made the dialogue more difficult. Nepal’s earlier demands were focused on the withdrawal of troops from Kalapani; its recent position now includes the insistence of Limpiyadhura as the headwaters.

India may continue to defuse the crisis through back channels but this is no longer sustainable as the dispute had become a “permanent irritant” after Nepal’s new map.

Based on their history of friendly relations and driven by pragmatism, it should not be difficult for India and Nepal to think out of the box and find a practical solution. Delhi and Kathmandu could lead the way to liberate the subcontinent from the sovereignist, nationalist and territorial logic that continues to leave everyone in the region worse off.

References

https://www.aljazeera.com/news/2020/05/india-nepal-border-dispute-200528085916240.html

https://www.bbc.com/news/world-asia-52967452

https://theprint.in/talk-point/nepal-map-row-has-india-provoked-kathmandu-or-is-china-instigating-trouble-for-new-delhi/426470/

Foreign Policy Watch: India-Nepal

WMO has applauded the India Meteorological Department’s forecast and updates on super cyclone Amphan as “best practice” as the weather office made a series of predictions that correctly anticipated the path of the cyclone and the associated wind speed.

The Indian subcontinent is one of the worst affected regions in the world. The subcontinent with a long coastline of 8041 kilometres is exposed to nearly 10 per cent of the world’s tropical cyclones. Of these, the majority of have their initial genesis over the Bay of Bengal and strike the East coast of India. On an average, five to six tropical cyclones form every year, of which two or three could be severe. More cyclones occur in the Bay of Bengal than the Arabian Sea and the ratio is approximately 4:1. Cyclones occur frequently on both the coasts (the West coast – Arabian Sea; and the East coast – Bay of Bengal).

Context

The Indian Ocean has made its mark on the global news cycle this year.  The year 2019 was one of the most active North Indian Ocean cyclone seasons on record. There were eight cyclonic storms in and around India—the highest number of cyclones in a single year since 1976.  With Amphan and Nisarga, the year 2020 is also on the same line. The Arabian Sea, usually not known to be prone to cyclones, has had four major cyclones in a few months.

What are Tropical Cyclones?

A Tropical cyclone is an intense circular storm that originates over warm tropical oceans and is characterized by low atmospheric pressure, high winds, and heavy rain.

• Cyclones are formed over slightly warm ocean waters. The temperature of the top layer of the sea, up to a depth of about 60 meters, need to be at least 28°C to support the formation of a cyclone.
• This explains why the April-May and October-December periods are conducive for cyclones.
• Then, the low level of air above the waters needs to have an ‘anticlockwise’ rotation (in the northern hemisphere; clockwise in the southern hemisphere).
• During these periods, there is an ITCZ in the Bay of Bengal whose southern boundary experiences winds from west to east, while the northern boundary has winds flowing east to west.
• Once formed, cyclones in this area usually move northwest. As it travels over the sea, the cyclone gathers more moist air from the warm sea which adds to its heft.

Destruction caused by Cyclones

Cyclones are disastrous in many ways. They do more harm than any good to the coastal areas.

1) Strong Winds

• Cyclones are known to cause severe damage to infrastructure through high-speed winds.
• Very strong winds which accompany a cyclonic storm damages installations, dwellings, communications systems, trees etc., resulting in loss of life and property.

2) Torrential rains and inland flooding

• Torrential rainfall (more than 30 cm/hour) associated with cyclones is another major cause of damages. Unabated rain gives rise to unprecedented floods.
• Heavy rainfall from a cyclone is usually spread over a wide area and cause large scale soil erosion and weakening of embankments.

3) Storm Surge

• A Storm surge can be defined as an abnormal rise of sea level near the coast caused by a severe tropical cyclone.
• As a result of which seawater inundates low lying areas of coastal regions drowning human beings and life stock.
• It causes eroding beaches and embankments, destroys vegetation and leads to the reduction of soil fertility.

Some (unexpected) benefits

Although Tropical cyclones are known for destruction they cause, when they strike they also bestow certain benefits to the climatic conditions of that area such as

• Relieve drought conditions
• Carry heat and energy away from the tropics and transport it towards temperate latitudes
• Maintain a relatively stable and warm temperature worldwide

Management of Cyclones in India

In 2005, the country introduced new laws to set up what’s called the National Disaster Management Authority, a central agency charged with one thing: responding to and minimizing the impact of disasters.

A year later, in 2006, India established a National Disaster Response Force (NDRF), a specialized corps of highly trained men and women focused on disasters such as cyclones and earthquakes. It’s now comprised of almost 25,000 personnel.

Apart from institutional measures, there are many structural and non-structural measures  that have been taken for effective disaster management of cyclones:

• The structural measures include construction of cyclone shelters, construction of cyclone-resistant buildings, road links, culverts, bridges, canals, drains, saline embankments, surface water tanks, communication and power transmission networks etc.
• Non-structural measures like early warning dissemination systems, management of coastal zones, awareness generation and disaster risk management and capacity building of all the stakeholders involved.
• These measures are being adopted and tackled on State to State basis under National Cyclone Risk Mitigation Project (NCRMP) being implemented through World Bank Assistance.

Issues in cyclone mitigation

• Post than pre focus: Disaster management in India is largely confined to post-disaster relief works. It is more about management than loss prevention.
• Population: One-third of the population in India lives in the coastal area. Most of them are marginalized people who are ill-prepared and unable to cope up with a disaster.
• Poor response: The warning of a cyclone is not properly communicated between the concerned agencies. In many cases, the warning is not taken seriously by the agencies which cause delayed effort for the prevention of a disaster. This was evident in the recent Ockhi cyclone disaster.
• Lack of awareness: among people about the impact and magnitude of the disaster. Also what to act during and post disasters.
• Coordination Issues:There is also a lack of coordination between the local communities for search and rescue missions. Also poor coordination state and center coordination and its agencies.

What measures need to be taken for mitigation?

Pre Disaster

• Provide cyclone forecasting, tracking and warning systems
• Construction of cyclone shelters, cyclone-resistant buildings, road links, bridges, canals, drains etc.
• Establishing Early Warning Dissemination System (EWDS) and Capacity building for coastal communities.

During disaster

• Cautionary advice should be put out on social platforms urging people to stay safe
• The perception of people decides the intensity of the disaster. If people take necessary proactive steps to deal with disaster then even the severe disaster can be dealt with minimum damage.
• Delivery of food and health care via mobile hospitals, with priorities to women child & elders.
• Protection of the community and their evacuation and quicker response.

Post-disaster

• It is vital that the learning from each event is shared nationally, and the capacity of officials and communities to manage disasters built continuously.
• Among the securities available to individuals in many countries is insurance against property losses. Viable policies should be made available in India too.
• Providing alternative means of communication, energy and transport just after the disaster.

Odisha’s success in handling Cyclones

• In the year 1999, Odisha faced a super cyclone which took almost 15000 lives. Since then, it started to build a robust disaster management system priority basis.
• As the extremely severe cyclone Amphan inched closer, the Odisha government rolled up its sleeves and took all precautionary measures, including the evacuation of the people to meet its zero causality target.
• Just as the IMD issued the warning, the Odisha government began its cyclone preparations which included evacuation, movement of people in low-lying areas and kutcha houses to cyclone shelters, safeguarding Rabi crops in mandis, deployment of ODRAF, NDRF teams, among other measures.

Let’s learn from Odisha success Model

1. Build a relief infrastructure

• Until 1999, Odisha didn’t have a well laid out plan for disaster management. Two months after the cyclone hit, the Odisha State Disaster Management Authority was set up, and plans put in place.
• Around 900 cyclone shelters have been built in vulnerable pockets of the state, with systems in place for the evacuation of hundreds of thousands of people.

2. Accurate early warning systems

• The IMD has built an effective service to predict accurate timings of cyclone formation in the Bay of Bengal and when it will make landfall along India’s coastline.
• This early warning system enables the state to be disaster-ready and to minimize the loss of lives. It’s then crucial that people follow the protocols in place when the warnings come in.

3. Clear communication plan

• Roughly 2.6 m text messages were sent to locals in the clear language before cyclone Fani hit, keeping those potentially affected alert.
• Regular press briefings were made by officials to update people of the approaching cyclone.
• People were repeatedly advised over all forms of media not to panic and given clear “do and don’ts”. This helped in the record evacuation of 1.2 m people to safe buildings.

4. Effective co-ordination of groups

• Preparations to fight the onslaught should involve a number of government agencies, as well as local community groups and volunteers working together.
• The government’s disaster response forces were pre-positioned in vulnerable locations, food packets for air-dropping were made ready for air force helicopters to drop to people.

5. Protecting natural defenses

• Mangroves as usual acted as a natural shield against the impact of cyclones and floods on the coastal areas.
• Activists have been fighting for the cause of natural protectors like mangroves and salt pans even as flooding incidents regularly occur in the coastal region.

India in line with Sendai Framework

Preparedness to manage disaster risks is a continuous and integrated process resulting from a wide range of risk reduction activities. The preparedness not only involves coordinated planning, and reduces duplication of disaster response efforts but also increases the overall effectiveness of such efforts.

• The Sendai Framework for Disaster Risk Reduction is the first major agreement of the post-2015 development agenda, with seven targets and four priorities for action.
• It is a 15-year; voluntary, non-binding agreement that recognizes that the state has the primary role to reduce disaster risk but that responsibility should be shared with other stakeholders including the local government, the private sector, and other stakeholders.
• In cyclone disasters (like Amphan, Fani), India presented a good example of its disaster preparedness and compliance to the Sendai Framework.
• Zero casualty policy and the pinpoint accuracy of the IMD’s early warning system helped to reduce the possibility of deaths.

Way Forward

• India’s improved and timely forecast for cyclones gives the government opportunity and time to prepare and manage.
• Better linkages between sectoral ministries and national disaster management authorities needed in countries when it comes to assessing disaster risks.
• It is important to acknowledge the problem beyond disaster management framing and should be framed as an adaptation need.
• Now the imperative for India is not only to have infrastructure that is resilient, functional and that can bounce back after a disaster, but also to have infrastructure withstand and be operational during a crisis.
• For this India need to employ more technology, strict following of command structure, and most importantly the participation and cooperation of local communities in the affected area.

Conclusion

With the advent of climate change, tropical cyclones are not going ‘anywhere’, rather they are poised to become more frequent and accompanied by increased intensity. Regardless of state support and administrative help, people themselves have to step up to create local solutions using their own practices.

In this regard, it is necessary to find ways to prevent the cyclones from becoming an unmanageable national disaster.

References

https://ncrmp.gov.in/cyclones-their-impact-in-india/

https://vikaspedia.in/social-welfare/disaster-management-1/natural-disasters/cyclones

https://www.thehindu.com/news/national/what-are-tropical-cyclones-and-super-cyclones/article31657893.ece

https://scroll.in/article/963805/lessons-from-cyclones-amphan-and-nisarga-for-indias-disaster-management-plan

https://ndma.gov.in/en/2013-05-03-08-06-02/disaster/natural-disaster/cyclones.html

https://theconversation.com/indias-cyclone-fani-recovery-offers-the-world-lessons-in-disaster-preparedness-116870

https://india.mongabay.com/2020/06/leverage-improved-forecast-to-deal-with-disasters/

https://www.preventionweb.net/educational/view/5482

Hong Kong is burning again. Last year it was Fugitive Offenders Amendment bill, now it’s National Security Law. This anthem bill criminalises insulting China’s national anthem. No, this is not like the same dictum given to us by Supreme Court to stand up in multiplexes. But people actually fear that this law will take away Hong Kong’s basic freedoms.

Context

Chinese lawmakers have approved a proposal for sweeping new national security legislation in Hong Kong, which democracy advocates say will curb essential freedoms in the city.

About Hong Kong

• A former British Colony and Autonomous Territory: Hong Kong is an autonomous territory, and a former British colony, in southeastern China.
• It became a colony of the British Empire at the end of the First Opium War in 1842.
• Sovereignty over the territory was returned to China in 1997.
• Special Administrative Region (SAR): As a SAR, Hong Kong maintains governing power and economic systems that are separate from those of mainland China.
• The 1984 Sino-British Joint Declaration guarantees the Basic Law for 50 years after the transfer of sovereignty.
• It does not specify how Hong Kong will be governed after 2047.
• Thus, the central government’s role in determining the territory’s future system of government is the subject of political debate and speculation in Hong kong.

The ‘Basic Law’

• One country, two systems: Hong Kong is a Special Administrative Region (SAR) of China.
• It has observed a “one country, two systems” policy since Britain returned sovereignty to China on July 1, 1997, which has allowed it retain certain freedoms, the rest of China does not have.
• Basic Law: It is governed by a mini-constitution called the Basic Law – constitutional document is a product of the 1984 Sino-British Joint Declaration.
• Under this, China promised to honour Hong Kong’s liberal policies, the system of governance, an independent judiciary, and individual freedoms for a period of 50 years from 1997.

Why is Hong Kong fuming?

• The handover agreement gave Hong kong special freedoms of press, speech, and assembly for at least 50 years.
• These freedoms stand in stark contrast to China’s strict censorship and Jinping’s tight grip on power, which have seen dissidents jailed and interrogated in secret prisons.
• This is why protesters here are desperate to protect their freedoms — because they fear Hong Kong to become just another Chinese city under Xi’s rule.

China vs. Basic Law

• Mini-constitution: Hong Kong’s mini-constitution, the Basic Law, says that ultimately both the leader and the Legislative Council should be elected in a more democratic way – but there’s been disagreement over what this should look like.
• China dominated system: The Chinese government said in 2014 it would allow voters to choose their leaders from a list approved by a pro-Beijing committee, but critics called this a “sham democracy” and it was voted down in Hong Kong’s legislature.
• Issue: The new proposal is also controversial because it is expected to circumvent Hong Kong’s own law-making processes – leading to accusations that Beijing is undermining Hong Kong’s autonomy.

Why Hong Kong matters for China?

• Legitimacy to PLA: The handover of Hong Kong by Great Britain was a major achievement of the CCP and had helped boost the party’s legitimacy.
• Extending nationalism: The handover strengthened nationalism debates within Chinese society and was perceived as righting the wrongs of the century of humiliation.
• Since 1978, the basic tenet of the CCP has been reform and liberalisation of the economic sphere and command and control of the political sphere.
• Political reform (So-called): Today, after more than 40 years of reform, mainland China is yet to witness any breakthrough in political reform.
• Beijing expects other countries to acknowledge that there exists only one China.

The National Security Law

• Under Article 23 of the Basic Law, Hong Kong has to enact a national security law “to prohibit any act of treason, secession, sedition, and subversion against the Chinese government.”
• When the Hong Kong government first tried to enact the law in 2003, the issue became a rallying point for the city-wide protests which occurred that year.
• Since then, the government has steered clear of introducing the legislation again.

Unrest in Hong Kong

• Banning Sedition: The new law would ban seditious activities that target mainland Chinese rule, as well as punish external interference in Hong Kong affairs.
• Many expect a revival of the protests that rocked the city last year.
• China, on the other hand, has sought support and understanding of India and other countries for its controversial decision as a precautionary measure.

Rise of Taiwanese aspirations and Domino Effect

• The upsurge in Hong Kong’s pro-democracy movement is more closely linked to the developments in Taiwan than is commonly acknowledged.
• The Taiwanese election results have given hope to the pro-democracy supporters in Hong Kong.
• However, to imagine that Beijing will stop interfering in the territory’s domestic sociopolitical space is perhaps over-optimistic.
• National unity and the “One China Principle” are core issues of the Chinese communist party (CCP).
• Hong Kong, however, is already seen as a part of China under the “one country, two systems” formula.

implications of the Security Law across the globe

China’s authoritarianism stands exposed in Hong Kong and its assertiveness seriously damages its soft power. The developments in Hong Kong, therefore, have global consequences for Beijing’s search of power and legitimacy.

On Hong Kong

• Hong Kong is a global financial hub – so a hit to its economy affects business worldwide as well.
• Experts warn that if the unrest continues, international companies could look to pull out of Hong Kong and relocate their branches elsewhere.
• The stock market would likely crash, followed by the housing market. A mass exodus could follow, and other countries could see migrants’ incoming from Hong Kong.
• Many Hong Kongers hold foreign passports, a legacy of 1997, and it is easy for them to move overseas.
• On a more abstract level, some people have framed the unrest as a tug-of-war between Chinese authoritarianism and the Western ideals of freedom and democracy.

India’s concerns

• India and Hong Kong have signed a double taxation avoidance agreement (DTAA).
• It gives protection against double taxation to over 1,500 Indian companies and businesses that have a presence in Hong Kong.
• Hong Kong is similarly host to a large number of Indian companies and professionals in banking, IT and shipping.
• India was Hong Kong’s third-largest export market (after China and the US) in 2017 and Hong Kong was India’s third-largest export market (after the US and the UAE).
• Hong Kong has a very well established Indian diaspora and has much wealth and business influence within the territory.

India and Chinese diplomatic take(Informal take)

• Possibly due to its leadership’s idolization of communism, India for long-neglected the basic principle of reciprocity in its relationship with China.
• India has consistently upheld the “One China” policy. It was one of the first countries to recognise Tibet as a part of China.
• Today, India is a democracy and only has to deal with the Kashmir issue.
• But China is facing resistance movements in Tibet, Xinjiang and Southern Mongolia. Hong Kong and Taiwan, too, remain a concern for Beijing.
• This makes Delhi’s One-China policy lopsided in terms of diplomacy.
• China expects India to remain silent on 60 per cent of the contested area under China’s territorial control, and also Hong Kong and Taiwan, while China refuses to stand with India only on Kashmir.

Way forward

• China and India should never let their differences shadow the overall bilateral ties and must enhance mutual trust.
• India’s firm military and diplomatic posturing for the ongoing border dispute has made it clear to Beijing that India is in for the long haul.
• Given its own problems at home and the focus on Hong Kong over the coming days, de-escalation on its borders with India suits China well.

Conclusion

China under Xi’s leadership is one of the most assertive and aggressive powers the world has encountered in a long time. Hong Kong’s protest has been continuing for a long time now. Not just Hong Kongers but even India feels the heat of Dragon’s assertiveness on borders. No one knows the result yet but it is going to be long fight that is for sure.

References

https://www.civilsdaily.com/news/how-china-is-seeking-more-control-on-hong-kong/

https://www.bbc.com/news/world-asia-china-48607723

https://www.epw.in/engage/article/hong-kongs-basic-law-and-history-popular-protest

https://swarajyamag.com/world/as-china-seeks-support-on-hong-kong-india-has-the-opportunity-to-revive-relations-on-new-terms

https://www.livemint.com/Politics/IiMAWzG8C7MRi85S9OSoUO/Hong-Kong-can-be-Indias-gateway-to-China-Gautam-Bambawale.html

https://www.orfonline.org/expert-speak/china-revisionism-hongkong-india-borders-67086/