Context

• PM Modi and Chinese President Xi Jinping recently held an informal summit in the ancient coastal town of Mamallapuram or Mahabalipuram in Tamil Nadu.
• The two countries convened their first Informal Summit in central China’s Wuhan in April 2018, where they exchanged views on issues of global and bilateral significance.
• Irrespective of the rhetoric of a Wuhan spirit, the relationship is facing difficulties, reflected in a number of disputes between the two countries.

Informal Summits

• Informal Summits act as supplementary exchanges to annual Summits and other formal exchanges such as the G20 Summit, EU-India Summit and the BRICS Summit among others.
• It allows for direct, free and candid exchange of views between countries, something that may not be possible to do through formal bilateral and multilateral meetings that are agenda driven.
• Informal Summits may not take place on a fixed annual or biennial schedule; they are impromptu in the sense that they take place when a need for them is perceived by the concerned nations.

Why do we need such summits?

• Since Informal Summits allow discussion on wide-ranging issues, they are not particularly purpose-specific, and are sometimes considered to play bigger roles in diplomatic dialogue than formal exchanges.
• This is the reason is that they tend to be more in-depth, and relatively flexible in intent and the scope of discussion.
• The “institutionalization” of such Summits would help in strengthening the “strategic communication” between the countries, irrespective of the political party in power.

Why Mamallapuram?

• Mamallapuram was chosen for various reasons — historical, practical, as well as strategic. Mamallapuram was the epicenter of the relations of China with India since ancient times.
• The 2004 Saluvankuppam excavations in Kancheepuram district make it clear that Mamallapuram was a port town even during the Sangam era about 2000 years ago.
• The mighty Pallavas, whose flourishing sea port was Mamallapuram for a long time, had a relationship with China and had even sent envoys there during their rule.
• Available literature shows that the Pallava Kings had a trade and defence relationship with China.
• There was understanding that these kings would help China in keeping a check on the growth of Tibet as a powerful nation during those years.
• Chinese monk Hiuen Tsang visited Kancheepuram in the seventh Century AD and he no doubt reached the ancient port town of Mamallapuram and then continued his journey to the temple town.

Key takeaways of the summit

1) Trade

• China is one of India’s largest trading partners. the bilateral trade between the two nations reached $95.54 billion in 2018, but the trade deficit was at $53 billion in China’s favour.
• During this summit, Modi and Xi reinforced their commitment to improve trade relations.
• This was one of the key agreements of the Wuhan summit. The leaders agreed to a new set up new mechanisms to achieve this goal.

2) Working together on international issues

• India and China have many similar interests at the World Trade Organisation and at the UN.
• Both nations have been under stress because of Trump’s trade war and due to the rising tensions in West Asia.
• If they can come together and effect meaning change to resolve these issues, then other emerging economies will also stand to benefit.
• They agreed that there must be reforms that reflects the new realities of the 21st century.
• They also agreed that rules-based multilateral trading systems must be supported and strengthened.

3) People to people contact

• To celebrate the 70th year of diplomatic relations between the two nations, the year 2020 will be designated as Year of India-China Cultural and People to People Exchanges.
• To celebrate the civilizational ties between the nations, the MEA said that the two leaders have decided to form a ‘Sister-state relationship’ between Tamil Nadu and Fujian Province.
• There is also a proposal to set up an academy to study these links.
• The focus on tourism and contact among the people of both nations will not only boost trade, but it will help in building trust between them.
• Establishing such confidence-building measures can help integrating the people by removing stereotypes.

4) Chennai connect

• Xi said that he was happy with the welcome he received and said that invited Modi for another round of discussion China next year.
• The two leaders also made a commitment to manage differences  in such a way that they would “not allow differences on any issue to become disputes”.
• The ‘Chennai connect’ sets the tone for future discussions.
• Here, the two leaders agreed to set up a new mechanism to have better cooperation in trade and defence.

5) Kashmir issue

• In August, India scrapped Article 370, which gave special status to the state.
• This irked China, which has several interests in the state (they have invested in PoK, and claim a portion of the state).
• They lent their support to their “all-weather friend” Pakistan as it is unlikely to give up on using Pakistan to balance India.
• This issue happened right before the summit, and many believed that India should raise this matter with China.  But it was not even a part of the discussion.
• The lack of Kashmir in the talks also shows that both nations are willing to look beyond, at least at the leadership level.

Xi’s 100-year plan

• Xi Jinping on Saturday declared that Beijing was pursuing an “unshakable policy” of developing close ties with India, and proposed a 100-year plan to cement ties between the two ancient civilizations.
• Xi stressed that “military security exchanges and cooperation” between the two countries must be “earnestly” improved.
• Xi also called for” fair and reasonable” solution to the “boundary problem” that is acceptable to both parties based on “Political Guiding Principles Agreement” agreed to by the two countries in 2005.

Continuing the Wuhan Spirit

• For instance, in Wuhan, both premiers discussed a range of subjects, including the India-China boundary question, bilateral trade and investment, terrorism, economic development and global peace.
• They succeeded in reaching a “broad consensus”.
• China is not the only country with which India has had an Informal Summit.
• The two leaders discussed their countries’ responsibilities towards maintaining global peace and stability, military and nuclear energy cooperation, and the movement towards an equitable world order.

Potential of such informal summits

• At the first Informal Summit between India and China held in Wuhan on April 27-18, 2018, Modi and Xi met “to exchange views on overarching issues of bilateral and global importance.
• It aimed to elaborate their respective visions and priorities for national development in the context of the current and future international situation.
• The Wuhan Summit achieved a “re-set” of the Sino-Indian relationship after the two-month long border standoff at the India-China-Bhutan tri-junction in Doklam.
• Significantly, at Wuhan, the two leaders decided to give “strategic guidance” to their military, so that issues did not escalate as in the case of the Doklam standoff.

Way Forward

• India succeeded in waking up the Chinese to the reality that this new faith-based global terror invoking Jehad, which was emanating from Pakistan, was dangerous for both India and China in the long run.
• The two nations enjoy a ‘deeper strategic communication and effective practical cooperation’.
• In a nutshell, the second informal summit is an advance over Wuhan and has established a bilateral grid that suits the security and economic strategy of India.

References:

https://www.civilsdaily.com/news/explained-modi-xi-informal-summit/

https://www.civilsdaily.com/news/china-backs-wuhan-spirit-despite-differences-on-bri/

https://www.indiatoday.in/news-analysis/story/is-there-hidden-chinese-message-narendra-modi-xi-jinping-meet-nepal-1609198-2019-10-14

https://www.thehindubusinessline.com/news/modi-xi-informal-summit-key-takeaways/article29680297.ece

https://timesofindia.indiatimes.com/blogs/toi-edit-page/modi-xi-summit-chinas-territorial-fetishism-and-why-the-road-from-wuhan-may-peter-out-at-mamallapuram/

https://www.orfonline.org/expert-speak/modi-xi-summit-a-more-balanced-china-policy/

https://www.thequint.com/videos/news-videos/modi-xi-jinping-informal-summit-mahabalipuram-explained

Context

• Bangladesh PM Sheikh Hasina was in Delhi for a four day visit to address the World Economic Forum India summit and has signed series of agreement on various matters.
• However bilateral relations between the two have witnessed unprecedented tensions over the last few years owing to certain issues.

An Overview

• India’s links with Bangladesh are civilization, cultural, social and economic.
• There is much that unites the two countries – a shared history and common heritage, linguistic and cultural ties, passion for music, literature and the arts.
• The two nations were strong allies during the Bangladesh Liberation War in 1971.
• However, they developed different Cold War alliances in the late 1970s and 80s.
• With the onset of economic liberalization in South Asia, they forged greater bilateral engagement and trade.

India’s relation with Bangladesh

Connectivity

• Perhaps on top of the list is connectivity between India’s mainland and the crucial northeast, which is part of India’s “Look East” Policy.
• The only connection between India’s mainland and the northeast was the Chicken’s Neck – a narrow strip of land that has always been a huge security concern.
• India and Bangladesh have signed several pacts, so India can actually send goods and passengers over land across Bangladesh, connecting Bengal to Tripura.
• Chittagong port, too, is now open to Indian vessels and will ease supply of goods, meaning India is much more connected to the northeast than before.

Security

• The other part of ensuring the security of the northeast is by ensuring that Bangladesh does not become a shelter for its insurgents.
• The other big security concern for India is that Bangladesh should not turn into the frontline of radical terror in the southeast.
• Bangladesh could turn into a launchpad for religious radical terror activities in India.
• India’s relationship with Bangladesh is also linked to its relationship with China.
• India did not want Bangladesh to become a pearl in China’s “String of Pearls” strategy to hem in India by using its neighbours.

Trade and Industry

• Given Bangladesh’s GDP and economic growth, the Indian industry is taking a serious interest in investing in the country.
• Bangladesh is India’s biggest trade partner in South Asia.
• India’s exports to Bangladesh for financial year 2018-19 (April-March) stood at US $ 9.21 bn and imports from Bangladesh for the same period stood at US $ 1.22 bn.
• India has ensured duty-free access of Bangladeshi goods to Indian market esp. the ready-made garments exports to India.

Energy Cooperation

• Energy cooperation between the two sides has also shown a lot of positivity with Indian state Tripura supplying a total of 160 MW of power to Bangladesh in addition to the 500 MW the country is receiving from West Bengal since 2013.

Defence Cooperation

• India and Bangladesh share the historical legacy of cooperation and support during the Liberation War of 1971.
• Various Joint exercises of Army (Exercise Sampriti) and Navy (Exercise Milan) take place between the two countries.

Issues in the Bilateral Relations

Illegal migration

• This has always been a primary problem for India since the partition of Bengal.
• In view of this, recently, the Supreme Court asked the Centre complete the fencing of the India-Bangladesh border soon to check illegal immigration from Bangladesh into Assam.

Cattle smuggling

• It is considered to be one of the losses for India of losing its indigenous variety and trade.
• Cattle haats along the India-Bangladesh border are becoming a source of cattle for smuggling

Counterfeit currency smuggling

• Dumping of Fake Indian Currency Notes, recently several duplicate notes have been found along the border, which cripple the Indian Economy severely.

Joining Belt and Road initiative

• In 2016 when Chinese President Xi Jinping visited Bangladesh, the smaller country agreed to join the OBOR.
• China is already investing in a number of infrastructure projects in the country including the deep sea port at Chittagong.
• It is likely that these projects will now be subsumed under the OBOR project.

River Water Sharing

• India and Bangladesh, as good neighbours, have moved forward on other sectors like power, investment and security but the Teesta waters issue remains a big problem due to continuous protest by the Mamata Banerjee led West Bengal government.
• Bangladesh is unhappy about the lack of resolution on all the common rivers.

Factors attributing to furtherance of tensions

Repatriation of illegal migrants

• The National Register of Citizens (NRC) has left out 1.9 million Assamese from the list with a group labelled as “illegal immigrants from Bangladesh” living in Assam post-1971.
• India plans to seek their repatriation to Bangladesh.
• Bangladesh remains firm in its stance that no migrants travelled to Assam illegally during the 1971 war of independence and that the controversial NRC risks hurting relations.

Rohingya Issue

• The Rohingya issue and India’s remarks in 2017 on the issue have been upsetting for Bangladesh which has been facing the challenge of providing shelter to more than a million refugees fleeing persecution.
• The recent visit to Dhaka by India’s External Affairs Minister S. Jaishankar (August 19-21), saw a marked departure in India’s position.
• He had said then: “We agreed that safe, speedy and sustainable return of displaced persons (Rohingyas) is in the national interest of all three countries – Bangladesh, Myanmar, and India.”
• However, it is China that is mediating when, given its geographical proximity, it is India which is ideally positioned to play a positive role in regional leadership.

Unresolved river disputes

• India and Bangladesh have failed to conclude a framework agreement to optimise the use of waters from six rivers including the Manu, Muhuri, Khowai, Gumti, Dharla and Dudhkumar, which has been discussed for several months.
• No progress was reported on the long pending Teesta water sharing agreement either after the recent visit.

Indian faults

• Bangladesh would seem to have comprehensively addressed Indian concerns with regard to support to militant elements in the North-east, for long an area of Indian concern.
• On its part, India continues to be unable to deliver on Teesta.
• The Ganga Barrage project in Bangladesh carries economic advantages as well as political overtones, but has not been addressed with suitable despatch by India to enable Bangladesh to obtain external funding.
• Delay in implementation of the BBIN (Bangladesh, Bhutan, India, Nepal initiative) is inexplicable.
• Even if India is not chiefly responsible, one may have expected greater attention.

Still India needs Bangladesh

South Asian geopolitics

• Bangladesh has emerged as one of India’s closest partners and second to Bhutan in South Asia.The role of Bangladesh is critical for India’s Act East Policy.
• India counts on Dhaka’s support in Bangladesh, Bhutan, India and Nepal (BBIN) and Bay of Bengal Initiative for Multi-Sectoral Technical and Economic Cooperation (BIMSTEC) initiatives.
• These collectively complement New Delhi’s Southeast Asia outreach.

Connectivity

• Bangladesh’s location is a strategic wedge between mainland India and NE seven states. Each of these states is land-locked and has shorter route to the sea through Bangladesh.
• Transit agreement with Bangladesh will spur the socio-economic development of North-East India.

Countering China

• Bangladesh uses China card to supplement its bargaining capacity against India.
• A ‘neutral’ Bangladesh thus ensures containment of an assertive China in this region.

Fight against terror

• Bangladesh has emerged as a key element in sub-regional connectivity initiatives with Pakistan refusing to play ball rendering SAARC ineffective.
• In 2016, when India decided to skip the SAARC Summit in Islamabad following spike in cross-border terror attacks, Bangladesh and Bhutan wasted no time in joining ranks in solidarity with India

Outcomes of the recent visit by PM Sheikh Hasina

India and Bangladesh signed seven agreements and also inaugurated three projects to deepen their partnership. The Seven Agreements include:

1. The use of the Chattogram and Mongla ports in Bangladesh for movement of goods to and from India, particularly from Northeastern India.
2. Use of Bangladesh’s Feni river for drinking water supply in Tripura.
3. However, no progress was reported on the long pending Teesta water sharing agreement.
4. Exchange of data and information to prepare a framework of interim sharing agreements for six rivers — Manu, Muhuri, Khowai and Gomati rivers of Tripura and Dharla river of Bangladesh and Dudhkumar river of West Bengal.
5. Daudkanti (Bangladesh)-Sonamura (Tripura) inland water trade route to be included under Protocol of the Inland Water Transit and Trade.
6. Consensus on lifting restrictions on entry and exit from land ports in India for Bangladeshi citizens travelling on valid documents.
7. Implementation of the Lines of Credit (LoCs) committed by India to Bangladesh.

New bilateral development projects

• Import of bulk Liquefied Petroleum Gas (LPG) from Bangladesh
• Inauguration of Vivekananda Bhaban (students hostel) at Ramakrishna Mission, Dhaka.
• Inauguration of Bangladesh-India Professional Skill Development Institute (BIPSDI) at the Institution of Diploma Engineers Bangladesh (IDEB), Khulna, Bangladesh.

Security engagement

• Both sides noted the progress made in finalization of a MoU on Establishment of Coastal Surveillance Radar System in Bangladesh.

Way Forward

• In a neighbourhood where distrust and cynicism prevail over friendship and hope, the relationship between the two countries has given hope for optimism.
• India-Bangladesh relations have matured in the last decade with development in many areas of cooperation.
• The shared colonial legacy, history and socio-cultural bonds demand that the political leadership of the two countries inject momentum into India-Bangladesh relations.
• Sheikh Hasina’s trip to India has helped relations graduate to the next level of strengthening the three Cs: cooperation, coordination, and consolidation.
• In due course of time rest of the issues will be sorted. But the sooner existing challenges are resolved, the better it is.

References

https://www.civilsdaily.com/india-and-bangladesh-relations/

https://www.civilsdaily.com/india-bangladesh-relations/

https://www.drishtiias.com/daily-updates/daily-news-analysis/india-bangladesh

https://indianexpress.com/article/opinion/columns/india-bangladesh-relations-shiekh-hasina-narendra-modi-6058161/

https://www.firstpost.com/india/india-bangladesh-sign-seven-pacts-during-sheikh-hasinas-visit-coastal-surveillance-river-water-sharing-improving-connectivity-among-key-takeaways-7464291.html

https://www.dw.com/en/bangladesh-pm-sheikh-hasina-in-india-to-bolster-trade-connectivity/a-50708175

https://www.thehindu.com/opinion/op-ed/furthering-this-neighbourhood-friendship/article29577509.ece

Plastic ban delayed

• A blanket ban though would not take place, contrary to expectations that were raised after the PM mentioned of single-use plastics in his August 15^th
• India would phase out single-use plastics by 2022, PM Modi announced at the 150^th birth anniversary of Mahatma Gandhi in Ahmedabad on October 2, 2019.

Single Use Plastics

• As the name suggests, single-use plastics (SUPs) are those that are discarded after one-time use.
• Besides the ubiquitous plastic bags, SUPs include water and flavoured/aerated drinks bottles, takeaway food containers, disposable cutlery, straws, and stirrers, processed food packets and wrappers, cotton bud sticks, etc.
• Of these, foamed products such as cutlery, plates, and cups are considered the most lethal to the environment.

Missed the date. Why?

• With several crises on the economic front and fears in the plastic industry due to the proposed ban, the government is not too keen on taking any rushed decision on a blanket ban. This has been for various reasons:

1) Fear of Job losses

• Experts and people related to the plastic industry feared severe job losses in the industry due to the proposed ban.
• There are over 50,000 plastic manufacturing industrial units functional in the country currently, providing employment opportunities to 4 to 5 million people.
• A blanket ban on single-use plastic could lead to closure of about 10,000 industrial units and over half a million people would be out of jobs.

2) No definition of single-use plastic yet

• The major bone of contention remains the fact that there is no central definition of what comprises single-use plastics, which may adversely affect any sort of ban.
• The PM defined them as plastics which are used only once and then discarded.
• At times, it is misunderstood to mean only polythene bags. For any ban to be successful, we need a clear definition of single-use.

3) Poor response from states

• The 2019 CPCB report remarked that states/UTs were not furnishing information regarding Plastic Waste Management Rules, 2016 in their jurisdiction.
• This included PW generation records, creating state level advisory body, framing bylaws, marking and labelling of MPLs, plastic manufacturing/recycling units etc.
• States/UTs were not taking concrete steps to take preventive and regulatory measures envisaged under the rules.

4) No clarity on policy move

• Stakeholders in the plastic industry have been also holding meetings with the government seeking clarity in its policy on single-use plastic.
• Various stakeholders demand that the government should promptly come up with a clear cut policy towards implementation of plastic ban and then it should be carried out in a phased manner.
• This will also help the industry in understanding its impact and then they might be able to accept it.

Why is ban needed?

1) Pollution

• India generated 26,000 tonnes per day (TPD) of plastic waste in 2017-18, the latest year for which data is available, according to the Central Pollution Control Board.
• Of that, 15,600 TPD, or 60 per cent , was recycled.
• The rest ended up as litter on roads, in landfills or in streams. Uncollected plastic waste poses a huge threat to species on land and in water.

 2) Non-renewable and non-biodegradable

• Unlike scrap metal that’s recycled almost entirely, about 90% of the plastic the world has produced so far has been discarded as waste.
• This is resulting in global environmental and social damage of more than $2.2 trillion every year.

 3) Energy intensive

• Production of plastic material is very energy intensive.
• They require a lot of water for their production. Thus using plastic bags is not advisable.

4) Threat to aquatic life

• Being non-recyclable, plastic bags end up in the oceans. While they reach, they break up into tiny little pieces and are consumed by wildlife.
• Thereby leading to health issues or even death. Many animals also get entangled or trapped in plastic bags.

5) Health hazard

• Toxic chemicals from plastic bags can damage the blood and tissues.
• Frequent exposures can lead to cancers, birth defects, impaired immunity, hormone changes, endocrine disruption and other serious ailments.

Phasing out SUPs. How?

1) Baseline and inventory analysis

• There is a need for a thorough analysis of environmental, social and economic impacts of SUPs.
• Inventorization studies in order to estimate how much fraction of single use plastics is there in our plastic waste, how much of this fraction comprises packaging waste, cutlery items, carry bags, PET bottles, etc., are to be done.
• These numbers shall help assess the scale of such waste and look for a clear alternative.
• There needs to be an initiative at state level to push cities to inventorize their dry waste. Since the composition of our waste has changed drastically with more plastics, it is important that this be done.
• Only then we can assess the extent of their impact before imposing bans. Such a study has not been done so far and has now become the need of the hour.

2) Clearly defining of SUPs

• For this ban to be successful, we need a clear definition of SUPs. Currently, different definitions are used by governments.
• Single use simply means products that are used once and then discarded. This includes a huge amount of packaging waste, including water bottles and so a clear definition is critical.
• Any plastic that is made from polymers of HDPE, LDPE, PET, PS, PP, EPS is single use plastics, according to the United Nations.
• The definition in Australia is that single-use plastic includes shopping bags, cups, straws and packaging.
• The IEEP’s and European Commission’s definition says single-use plastics can include any disposable plastic item designed to be used only once.
• Therefore, specific definitions pertaining to the composition, uses and categories of single-use plastics should be framed.

3) Categorization of plastics

• There are three elementary steps for successfully banning plastic products. The government first needs to prepare a list of items that cannot be recycled.
• It must then ascertain what available alternatives can be provided for them.
• Only if these items are readily available should the ban be implemented. Otherwise, the industry must be provided a “transition period”.

4) National Action Plan for phasing out SUPs

• There is a need for a National Action Plan or guidelines that should focus to implement plastic ban in a phase-wise manner in terms of urgency.
• This means products that have alternatives available should be phased out earlier than those that don’t have alternatives, simultaneously reinforcing R&D funding for different alternatives and eco-friendly products.
• The phase-wise banning should be developed based on materials, recyclability, availability of alternatives and livelihood security to the informal sector.
• Keeping this and current post-consumption patterns in mind, a framework indicating range of SUP products needs to be devised to assist the policy makers in ideating, planning and executing the phase-wise SUP ban.

5) Strengthening waste management systems

• Imposing a ban on SUPs is only a part and not the whole solution. However, better waste management systems with focus on segregation incentive models can help achieve long-term impacts.
• If cities segregate waste into three fractions — wet, dry, and domestic hazardous waste — and if municipalities create infrastructure in terms of material recovery facilities or sorting stations, dry waste can be sorted into different fractions.
• This then has value and a market and will not end up as litter. We need to source segregate.

6) Recycling

• Establishing and monitoring domestic recycling units in every state and Union territory, incentivising the recyclers in the unorganised sectors should be promoted.
• There should be training of low-skilled recyclers, setting up effective grievance redressal mechanisms, life cycle and cost analysis of plastic alternatives should be formulated and explored by the legislative bodies.
• This is to increase the recycling efficiency in the country and implement effective and sustainable solutions at every stage of banning single-use plastics.

7) Effective EPR implementation

• Extended Producer Responsibility (EPR) policy tools and its implementation is still lax in the country.
• An effective EPR framework, therefore, should be formulated keeping into context the applicability of EPR for certain items like PET, PP or dairy industry.
• However, EPR implementation for multi-layered plastic (MLP) can still be a constraint considering the vast unorganised industry and present waste management systems.
• The roadmap can, therefore, let producers implement their EPR obligations utilising the flexibility of brand and geography neutrality.

8) Discourage small pack MLP sachets

• Lighter, portable and cost-effective nature of single serve sachets/pouches makes them a major environmental menace as it is one of the major sources of plastic waste and litter, as their collection is economically non-viable.
• Hence, the production of small packs such as single-use pouches and sachets should be discouraged and a regulation be enforced.
• Instead Polypropylene packaged items can be brought into the stream to cater to low-income groups and also have a high recyclability.

9) Reducing plastic content in MLP

• Ideal packaging materials were tailored by combining different materials with customised functionality to sufficiently protect sensitive food products and thus obtain extended shelf life.
• Latest feasible techniques and technologies may be employed to cut down the use of multiple polymers/plastics.
• More research in this area must be done. Use of single polymer/layer recyclable packaging materials should be encouraged.

Getting started

Making it people’s movement

• Presently, consumer awareness about negative impacts of littering single-use plastics and available reuse systems and waste management options for all these products are still limited.
• There is a lack of widespread awareness among citizens about the magnitude of harm caused by single-use plastic as was in the case for Swachhata.
• Focus must be laid on educating people to take personal responsibility for plastic pollution by choosing to reject, reduce, reuse and recycle plastics.

Using alternatives

• Devising feasible alternatives for single-use plastic items and targeting consumers and retailers for better marketing is needed.
• However, their availability and affordability remain a challenge.
• Solutions: providing robust infrastructures, strengthening market, innovation and entrepreneurship, subsidy or incentives to consumers at domestic level.
• For instance, cotton bags sourced from virgin cotton, kulhad cups baked in kilns have a higher environmental footprint than plastics.
• In the present context, jute and upcycled cloth bags, bamboo and wooden cutlery, leaf-based plates, glass and metal containers etc. are some of the immediate alternatives available.

Way Forward

• With no plastic ban in effect, raising awareness, promoting eco-friendly alternatives and strengthening the recycling mechanism can allow India to handle the plastic problem.
• While it is clear that a ban is not entirely a solution, the government must move quickly on measures to phase out and finally impose a plastic ban on problematic SUP items.
• It is clear that we cannot lose the momentum. Thus a phased ban on single-use plastic would help.
• Government should educate the public and trade bodies to achieve the benefits of the ban.
• Since long term benefits of plastic bag ban use will benefit the economy and also save taxpayer money can lead to plastic bag cleanup.

References:

https://www.nationalgeographic.com/magazine/2018/06/plastic-planet-waste-pollution-trash-crisis/

https://theprint.in/india/why-single-use-plastic-ban-missed-gandhi-jayanti-date/300105/

https://www.bloomberg.com/news/articles/2019-09-30/modi-wants-to-take-away-india-s-plastic-bags-and-spoons

https://www.civilsdaily.com/news/explained-phasing-out-single-use-plastics-prospects-and-challenges/

Introduction

• Modern space research in India is traced to the 1920s, when scientist S. K. Mitra conducted a series of experiments leading to the sounding of the ionosphere by applying ground-based radio methods in Kolkata.
• Later, Indian scientists like C.V. Raman and Meghnad Saha contributed to scientific principles applicable in space sciences.
• However, it was the period after 1945 that saw important developments being made in coordinated space research in India.
• Organized space research in India was spearheaded by two scientists: Vikram Sarabhai—founder of the Physical Research Laboratory at Ahmedabad—and Homi Bhabha, who established the Tata Institute of Fundamental Research in 1945.

Vision

• The Indian space program is driven by the vision of Vikram Sarabhai, considered the father of the Indian space program.
• Throughout the years, ISRO has upheld its mission of bringing space to the service of the common man, to the service of the Nation.
• In the process, it has become one of the six largest space agencies in the world.

Making of ISRO

• India’s space program began with a vision to harness space technology for national development while pursuing space science research and planetary exploration
• In this view, the Indian National Committee for Space Research (INCOSPAR) was established in the tenure of PM Nehru under the Department of Atomic Energy (DAE) in 1962.
• INCOSPAR grew and became ISRO in 1969, also under the DAE. This was done keeping in view the urge of scientist Vikram Sarabhai recognizing the need in space research.
• In 1972, GoI set up a Space Commission and the Department of Space (DOS) bringing ISRO under the DOS.
• The establishment of ISRO thus institutionalized space research activities in India. It is managed by the DOS, which reports to the PM of India.

Applications of India’s space asset

India’s space mission can be broadly categorized into the following categories:

1. Launch vehicle fleet like PSLV, GSLV etc,
2. Satellite programs ex. INSAT,
3. Satellite Navigation program ex. IRNSSS and NAVIC
4. Extraterrestrial exploration like Chandrayaan, Mars Orbiter Mission
5. Human Spaceflight Programme viz. Gaganyaan

Telecommunication

• India uses its satellite communication network – one of the largest in the world – for applications such as land management, water resources management, natural disaster forecasting, radio networking, weather forecasting, etc.
• Business, administrative services, and schemes such as the National Informatics Centre (NIC) are direct beneficiaries of applied satellite technology

Military

• Integrated Space Cell, under the Integrated Defence Staff of the Ministry of Defence, has been set up to utilize more effectively the country’s space-based assets for military purposes and to look into threats to these assets.
• This command leverages space technology including satellites.

Telemedicine

• ISRO has applied its technology for telemedicine, directly connecting patients in rural areas to medical professionals in urban locations via satellites.
• Since high-quality healthcare is not universally available in some of the remote areas of India, the patients in remote areas are diagnosed and analyzed by doctors in urban centers in real-time via video conferencing.

Biodiversity Information System

• ISRO has also helped implement India’s Biodiversity Information System, completed in October 2002.
• Based on intensive field sampling and mapping using satellite remote sensing and geospatial modeling tools, maps have been made of vegetation cover on a 1: 250,000 scale.

Significant feats

Disaster Management Support (DMS)

• ISRO’s technologies and applications have always proved useful during natural calamities.
• In 2016, ISRO’s support on this front was significant during the Uttarakhand Forest Fires and floods in the north-eastern states of Manipur and Assam.

Reusable Launch Vehicle – Technology Demonstrator (RLV-TD)

• RLV-TD was successfully flight-tested on May 23, 2016.
• Critical technologies such as reusable thermal protection system, re-entry mission management, guidance & control along with autonomous navigation were tested during the flight.

Launch of Cartosat series

• On June 22, 2016, ISRO put into orbit, India’s Cartosat (Cartosat-2C) earth observation satellite along with 19 other satellites using Polar Satellite Launch Vehicle (PSLV-C34) in a single mission.
• Cartosat series of satellites will be used for various strategic and civilian applications. It includes Geographical Information System (GIS), Land Information System (LIS), utility management and precision studies.
• The satellite which has been called ‘India’s eyes in the sky’ by experts due to its high surveillance and monitoring capabilities will assist the other military satellites in the Cartosat series.

104 satellites launch

• India created history by successfully launching 104 satellites on a single mission, overtaking the previous record of 37 satellites launched by Russia in 2014.
• PSLV-C37 successfully carried and deployed a record of 104 satellites in sun-synchronous orbits.

Towards Scramjet Engine Technology

• On August 28, 2016, ISRO successfully conducted its first experimental mission of the Scramjet Engine at SDSRC, Sriharikota.
• The flight testing of the Scramjet Engine made India the fourth country to demonstrate such capabilities.
• The technology is expected to radically change the future space transportation systems by ISRO.
• A fully functional Scramjet Engine is expected to reduce the launch costs by half and minimize the chance of engine failure.

Important missions

I. Mars Orbiter Mission (MOM)

• The Mars Orbiter Mission (MOM) – launched on November 05, 2013 and successfully inserted into Mars orbit on September 24, 2014, has various achievements to its credit.
• It is the first interplanetary mission realized by India and the first Indian spacecraft to incorporate full-scale onboard autonomy to overcome the long distances and the communication gaps due to non-visibility periods.
• Marking India’s first venture into the interplanetary space, MOM will explore and observe Mars surface features, morphology, mineralogy and the Martian atmosphere.
• Further, a specific search for methane in the Martian atmosphere will provide information about the possibility or the past existence of life on the planet.

II. Chandrayaan Mission

• Chandrayaan Mission-I in 2008 – discovered the presence of water on the surface of the Moon and turned a new chapter in the world’s understanding of Moon.
• Chandrayaan-2 which consisted of an Orbiter, Lander and Rover, was all equipped with scientific instruments to study the moon.
• However, a part of the mission failed as the Vikram lander crash-landed on the lunar surface.

III. Solar Mission

• Aditya-L1 is India’s first dedicated scientific mission to study the sun.
• It is meant to observe only the solar corona- the outer layers of the Sun, extending to thousands of km above the disc (photosphere).

IV. Gaganyaan Mission

• The human spaceflight program will provide a unique micro-gravity platform in space for conducting experiments and testbed for future technologies.
• The program is expected to give impetus to economic activities within the country in terms of employment generation, human resource development, and enhanced industrial capabilities.
• Human Spaceflight capability will enable India to participate as a collaborating partner in future Global space exploration initiatives with long term national benefits.

Developments so far

• ISRO has completed the development of launch vehicle GSLV Mk-III which has the necessary payload capability to launch a 3-member crew module in low earth orbit.
• It has also tested the crew escape system which is an essential technology for human space flight.
• Elements of the life support system and Space suit also have been realized and tested.
• In addition, the orbital & re-entry mission and recovery operations have been flight demonstrated in Space Capsule Re-entry experiment (SRE) mission.

VI. Building own Space station

• India plans to build a space station as a follow-up programme of the Gaganyaan mission.
• ISRO chairman K. Sivan has said that India will not join the International Space Station program and will instead build a 20-tonne space station on its own.

Criticisms of Space Programmes

• For long, India is known to be making investments in the space arena for social, scientific and security purposes. However many fundamentalists see investment in space as a waste of money.
• All previous missions of ISRO are about race for planetary resources. Unfortunately, it has not planned for any missions to asteroids, an ideal bed for mineral mining.
• After Chandrayaan 2 failure there is a danger that future ambitious missions could also end up only as a ‘feel-good program’ with Gaganyaan coming ahead.

A wise investment

• Ironically, one of India’s current challenges is the trickling down effect of investments in technology by the ISRO.
• Many people myopic vision questioned the relevance of space activities in a newly independent nation which was finding it difficult to feed its population.
• Any space exploration mission undertaken by a developing country like India is likely to prompt the argument that such investments need to be redirected in areas that need immediate intervention (ex. education, health).
• One of the simplest ways of resolving this debate is to concretely showcase how technologies developed for space missions like Chandrayaan 2 find their way into the daily lives of citizens.
• However former President APJ Abdul Kalam opined that if Indians were to play a meaningful role in the community of nations, they must be second to none in the application of advanced technologies to their real-life problems.

Why we must explore?

• Curiosity and exploration are vital to the human spirit and accepting the challenge of going deeper into space is the way ahead.
• The intangible desire to explore and challenge the boundaries of what we know and where we have been has provided benefits to our society for centuries.
• Human space exploration helps to address fundamental questions about our place in the Universe and the history of our solar system.
• Through addressing the challenges related to human space exploration we expand technology, create new industries, and help to foster a peaceful connection with other nations.

Way Forward

• Future readiness is the key to maintaining an edge in technology and ISRO endeavors to optimize and enhance its technologies as the needs and ambitions of the country evolve.
• Thus, ISRO is moving forward with the development of heavy lift launchers, human spaceflight projects, reusable launch vehicles, semi-cryogenic engines, single and two stage to orbit (SSTO and TSTO) vehicles, development and use of composite materials for space applications, etc.

References

https://en.wikipedia.org/wiki/Indian_Space_Research_Organisation#Applications

http://www.arthapedia.in/index.php?title=Space_Programme_in_India

https://www.thehindu.com/opinion/lead/expanding-indias-share-in-global-space-economy/article28286469.ece

https://www.financialexpress.com/lifestyle/science/future-of-space-programme-why-india-needs-to-build-its-own-space-station/1590324/

https://www.livemint.com/Opinion/jKaufXMBRvrTDZ9oSoH4NL/Isro-A-world-class-Make-in-India-example.html

https://www.dailyo.in/politics/isro-space-research-chandrayaan-antrix/story/1/25922.html

https://www.firstpost.com/tech/science/chandrayaan-2-what-isro-must-do-to-make-benefits-of-the-moon-mission-accessible-to-the-common-man-7053791.html

https://hindustan360.in/the-name-isro-and-global-launch-pad-for-socio-economic-development-hindustan360/

https://debatewise.org/debates/137-space-exploration-is-a-waste-of-money/#yes2

https://www.extremetech.com/extreme/268062-5-reasons-space-exploration-is-more-important-than-ever

Context

• Despite the Russia-India-China triangle reconciling on a shared vision and responsibility for the future of Eurasia, watchfulness resurfaces behind the curtains.
• Unveiling the Russian edition of India’s ‘Look East, Act East’ policy, PM Modi pledged to extend a $1 billion Line of Credit to Russia’s Far East region (RFE).

History of the duo

• The relations between Russia and India are an important and privileged strategic partnership.
• The relationship began with a visit by Indian PM Jawaharlal Nehru to the Soviet Union in June 1955.
• During the Cold War, India and the Soviet Union (USSR) had a strong strategic, military, economic and diplomatic relationship.
• After the collapse of the USSR, Russia inherited its close relationship with India resulted in the special relationship.

The Partnership

• Traditionally, the Indo-Russian strategic partnership has been built on five major components: politics, defence, civil nuclear energy, anti-terrorism co-operation and space.

1. Strategic Relations

• India is the second-largest market for the Russian defence industry.
  In 2017, approximately 68% of the Indian Military’s hardware import came from Russia, making Russia the chief supplier of defence equipment.
• The co-operation is not limited to a buyer-seller relationship but includes joint research and development, training, service to service contacts, including joint exercises.
• It has risen above a buyer-seller relationship with the joint ventures projects to develop and produce the
• Fifth Generation Fighter Aircraft (FGFA) and the Multirole Transport Aircraft.
  In October 2018, India inked the historic agreement worth US$5.43 billion with Russia to procure four S-400 Triumf surface-to-air missile defence system, the most powerful missile defence system in the world ignoring America’s CAATSA act.

2. Economic Relations

• Bilateral trade between both countries is concentrated in key value-chain sectors.
• These sectors include highly diversified segments such as machinery, electronics, aerospace, automobile, commercial shipping, chemicals, pharmaceuticals etc.
• Both countries set a target of reaching US$30 billion in bilateral trade by 2025.

3. North-South Transport Corridor

• The North-South Transport Corridor is the ship, rail, and road route for moving freight between India, Russia, Iran, Europe and Central Asia.
• The route primarily involves moving freight from India, Iran, Azerbaijan and Russia via ship, rail and road.
• The objective of the corridor is to increase trade connectivity between major cities such as Mumbai, Moscow, Tehran, Baku, Bandar Abbas, Astrakhan, Bandar Anzali etc.

4. Energy Sector

• Energy sector is an important area in Indo-Russian bilateral relations.
• In 2001, ONGC-Videsh acquired stakes in the Sakhalin-I oil and gas project in the Russian Federation and has invested about US $1.7 billion in the project.
• Kudankulam Nuclear Power Project with two units of 1000 MW each is a good example of Indo-Russian nuclear energy co-operation.
• Both sides are considering the possibilities of building a hydrocarbon pipeline system, connecting the Russian Federation with India.

5. Space Sector

• Historically, there has been a long history of cooperation between the Soviet Union and India in space. Ex. Aryabhatta, India’s first satellite.
• In Nov 2007, the two countries have signed an agreement on joint lunar exploration.
• Chandrayaan-2 was a joint lunar exploration mission proposed by the ISRO and the Russian Federal Space Agency (RKA).
• Both are collaborating for the scheduled Gaganyaan Mission.

Recent trends in bilateral ties

• Despite the best efforts divergences are growing in this bilateral relationship as the underlying structural changes in the international environment are pulling the two nations apart.
• Even in the past, the duo have tried to ground their bilateral relations in the wider realities of changing global balance of power.
• Now with the US under Trump upending the rules of global governance, there is renewed concern in the three capitals that their foreign policies need greater coordination, if only to preserve their equities in the global order.
• India, of course, has a long-standing relationship with Russia but that is undergoing a shift in light of rapidly evolving geopolitical realities.

Bilateral divergence

• While the top leadership of the two nations have continued to engage with each other, divergences have been cropping up with disturbing regularity.
• For India, what should be concerning is Russia’s increasing tilt towards Pakistan as it seeks to curry favour with China.
• Moscow had historically supported New Delhi at the United Nations Security Council by repeatedly vetoing resolutions on the Kashmir issue.

1. Military-defense Complex

• Russia is the dominant supplier of arms to India, with the historic military and defense ties between the two countries continuing to serve as one of the cornerstones of the India-Russia relationship.
• Strains are becoming apparent as India moves further along the path of military indigenization and import diversification.
• India’s procurement from the US and France has also been seen as a heated divergence between the two.
• This was a result of the unreliability of Russian supplies, as manifested in late arrivals, defective parts, and perennial conflicts overpricing and warranties.

2. Cultural Vacuum

• On an everyday level, while India films and yoga are popular in Russia, no parallel exposure to any aspect of Russian popular culture exists among Indians.
• This is the most woefully neglected aspect of their relationship, suffering on both sides from lack of funding and, no less important, a shortage of political will.
• Another aspect of ties is tourism which could be much more vigorous between the two countries than present India’s US affinity

3. India-US ties

• India’s engagement with the US addresses its core concerns regarding regional security.
• The signing of the long-awaited Communications Compatibility and Security Agreement (COMCASA) is set to elevate the bilateral defence partnership and give India access to advanced U.S. defence systems.
• Another successful deliverable for India is Washington’s solidarity on the issue of terrorism expressed during the talks.
• The two sides “called on Pakistan to ensure that the territory under its control is not used to launch terrorist attacks on other countries.
• However, a closer engagement with the U.S. is a challenge for India, as this relationship is not likely to be a partnership of equals, for the foreseeable future.

Russia needs India as:

• A market for its goods to bypass Western sanctions imposed after its power push in Ukraine.
• The forthcoming Transatlantic Trade and Investment partnership driven by the US will also force Russia to eye markets beyond Europe. India is a natural partner.
• Despite its renewed friendship with China, Russia will soon find itself in competition with it as Beijing regards itself as the new G2 along with the US.
• India can help provide the multi-polarity that Russia fiercely seeks.

India needs Russia because

• It can meet its abundant energy requirements at a cost-effective price.
• Despite expanding its defence purchases from the US, Israel and Europe, India still needs to collaborate with Russia to master future technology including for space.
• It improves India’s bargaining power when it negotiates arms sales with the West.
• Russia can be a major market for Indian industry such as pharmaceuticals, manufactured goods, dairy
• Products, bovine meat and frozen seafood.
• Geopolitically, Russia continues to be a balancing force against any designs China and Pakistan may have in our region.
• India is interested in expanding the level of trade between the two countries.
• An area of special interest for India is the exploration of hydrocarbon reserves along the coast of Russia’s Far East where India has decided to extend a $1 billion Line of Credit.
• This interest is seen as India’s attempts to not only keep a traditional friend close but to ensure some space in the current clinch between Russia and China.
• This act will be a powerful catalyzer to boost more fruitful cooperation between the two nations on a number of areas.
• New Delhi needs Moscow’s support in the former’s bid for a permanent seat on the UN Security Council

Recent Development:

• The Plenary Session of the 5th Eastern Economic Forum (EEF) was recently held in Vladivostok, Russia.

Eastern Economic Forum (EEF)

• The EEF was established by a decree of the President of the Russian Federation, Vladimir Putin, in 2015.
• It aimed for supporting the economic development of Russia’s Far East, and to expand international cooperation in the Asia-Pacific region.
• The recently held EEF Summit on September 2019 at the Far Eastern Federal University is the fifth in its history.
• Among the participants in the Summit are India, Malaysia, Japan, Australia, and South Korea.
• The Summits have roundtable conferences, panel sessions, business breakfasts, besides business dialogues and bilateral talks and agreements.

Achievements of EEF

• In the last five years, as many as 17 different countries have invested in the Far East, according to the EEF website.
• These include regional and global heavyweights like China, Japan, South Korea, Australia, New Zealand, and Vietnam.
• As a result, 20 advanced special economic zones and five free ports have been put in place.
• A total of 1,780 new investment projects, worth over 3.8 trillion rubles, and 230 new enterprises have become functional, the EEF website says.

India’s interest in the EEF

• PM Modi has described the EEF as a “historic opportunity” to give new impetus to the cooperation between India and Russia.
• He has said that the relationship between the two countries has “special chemistry, special ease”, even pointing out that Siberian cranes migrate to “my home state Gujarat”.

Line Of Credit for Russia’s Far East

• Speaking at the Eastern Economic Forum in Vladivostok, Prime Minister Mr Modi made the announcement of extending a $1 billion Line of Credit to Russia’s Far East region (RFE).
• It expected to help finance Indian business projects in the region, will be the “take-off point for Act Far East”, and will further strengthen bilateral ties.

How Far East is game-changer?

• The Far East has the potential to become an anchor in deepening India-Russia cooperation; more so considering that New Delhi has expanded the scope of its ‘Act East policy’ to also include Moscow.
• The area has the potential to strengthen India-Russia economic partnership in areas like energy, tourism, agriculture, diamond mining and alternative energy.

Extending to Act Far East Policy

• The PM recalled that India was the first country in the world to open a consulate in Vladivostok, and underlined the age and depth of the country’s relations with the Far East.
• Engaging closely with East Asia was in line with India’s policy goal of “Act East”.
• PM also unveiled the “Act Far East” policy to boost India’s engagement with Russia’s Far East region.
• This will also give a new dimension to our economic diplomacy.

Sea route from Chennai to Vladivostok

• During PM’s visit to Vladivostok this week, an MoU was signed to open a full-fledged maritime route between Russia’s eastern port city and Chennai on India’s eastern seaboard.
• Located on the Golden Horn Bay north of North Korea and a short distance from Russia’s border with China, Vladivostok is the largest port on Russia’s Pacific coast, and home to the Pacific Fleet of the Russian Navy.
• It is the eastern railhead of the legendary Trans Siberian Railway, which connects the far east of Russia to the capital Moscow, and further west to the countries of Europe.
• At Vladivostok’s massive port, shipping and commercial fishing are the main commercial activities.
• Automobiles are a major item of import at the port, from where they are often transported further inland.

To Chennai, by sea

• An ocean liner travelling from Vladivostok to Chennai would sail southward on the Sea of Japan past the Korean peninsula, Taiwan and the Philippines in the South China Sea, past Singapore and through the Strait of Malacca.
• It will emerge into the Bay of Bengal and then cut across through the Andaman and Nicobar archipelago to Chennai.
• This sea route covers a distance of approximately 5,600 nautical miles or about 10,300 km.
• A large container ship travelling at the normal cruising speed of 20-25 knots, or 37-46 km/hour, should be able to cover the distance in 10-12 days.
• At suboptimal “slow steaming” speeds of 18-20 knots (33-37 km/hour), at which long-distance vessels sometimes travel to in order to save fuel, it might take slightly longer — 12-13 days.

Need for a reset

• For India, the prism is different as it has to manage the negative externalities emerging from the rise of China in its vicinity.
• China-Pakistan nexus is proving difficult to contain as India gets ready to face a two-front challenge.
• China refuses to recognise Indian global power aspirations and has not yielded on key Indian security demands.
• As a result, while Russia may find cooperation with China as a perfectly legitimate response to its problems with the West, India does not have that luxury.
• Meanwhile India’s concerns are timely addressed by Russia its stated policy supports India receiving a permanent seat on the United Nations Security Council.

What needs to be done?

• First and foremost, judging from a track record of multiple agreements and MoUs that have not led to tangible results.
• The recent comprehensive U.S.-India Strategic 2+2 Dialogue is a model to follow.
• There should be more meetings at the highest state level, regular annual reports on the progress of the working groups, and reinvigorated interactions.
• India’s cores strength is that it follows an independent foreign policy
• On its long way to become a global power, it will likely have to follow a zigzag course, balancing between American demands, long-term friendship with Russia and its own strategic necessities.
• It will sign defence pacts and conduct military drills with both the U.S. and Russia in an attempt to seize maximum opportunities from its relations with global powers.

Just relying on sentimentalism of the past won’t work anymore as new challenges confront India and Russia and the global geostrategic environment undergoes a profound reordering. Otherwise, putting all eggs in one basket might create overdependence on one partner and ultimately not serve Indian interests well.

References

https://www.civilsdaily.com/india-russia-relations/https://www.orfonline.org/research/russia-and-india-difficult-times-ahead/
https://www.thehindu.com/opinion/lead/looming-challenges-to-indias-standing/article28429662.ece
http://www.jsia.edu.in/wp-content/uploads/2019/03/katherine-re-energizing_0.pdf
https://www.thehindu.com/opinion/editorial/bear-hug-on-india-strengthening-relations-with-
russia/article29355066.ece
https://www.civilsdaily.com/news/eastern-economic-forum/

https://idsa.in/idsacomments/the-arithmetic-of-india-u.s.-relations-azakharov-170918

Context

• The Centre announced a mega amalgamation plan, the third in a row, that merged ten public sector banks into four larger entities.
• With these series of mergers, the number of state-owned banks is down to 12 from 27.

Bank Merger

• A merger is simply the combining of two business entities to form a larger one but with no explicit change in ownership.
• This is in contrast to an acquisition where one business entity takes ownership control over another by paying for the ownership privilege in cash, stock, or other means.
• In the case of state-owned banks that are being merged now, where the government is the majority shareholder, there will be no change in ownership but merely a restructuring of how these banks are organised.
• Mergers of banks began in India in the 1960s in order to bail out the weaker banks and protect the customer interests.

Why merger?

• There are various reasons cited by the government for its decision to merge state-owned banks.
• One of them is that large banks will be able to lend more money and help revive the slowing economy.
• The government also believes that increased credit growth is essential in order to achieve its target of growing India into a $5-trillion economy in the next few years.
• It is also of the view that the merger will lead to increased operational efficiency that will help these banks lower their costs, thus enabling them to lower their lending rates.
• State-owned banks have been reeling under a bad loan crisis for years now.
• Although the government has not projected the present merger as a measure to tackle bad loans, bank mergers in the past have been carried out simply to bail out struggling banks.
• However the government, after consultations, decided that amalgamation is the “best route” to achieve banking sector scale and to support the target of achieving a $5 trillion economic size for India in five years.

Logic behind the move

• For years, expert committees starting from the M Narasimham Committee have recommended that India should have fewer but bigger and better-managed banks to ensure optimal use of capital, efficiency, wider reach and greater profitability.
• The logic is that rather than having several of its own banks competing for the same pie (in terms of deposits or loans) in the same narrow geographies, leading to each one incurring costs, it would make sense to have large-sized banks.
• It has also been argued that such an entity will then be able to respond better to emerging market trends or shifts and compete more with private banks.
• The proposed big banks would be able to compete globally and improve their operational efficiency once they lower their cost of lending and improve lending.
• But none of India’s banks including the largest, SBI, figures in the list of the top 50 global banks. So that may be a long way away.

Will the move help make banks stronger?

• The banks that have been merged by the government exhibit varying financial strength.
• It remains to be seen whether the operational benefits that the government believes will come about through the merger will compensate for the deterioration in the financials of the stronger banks.
• Critics doubt whether the government has any similar incentive to look for synergies that can boost the profits of its banks.
• Given this, it seems unlikely that state-owned banks will be able to become more efficient after the merger by getting rid of redundant labour.

How does it help the government?

• For over decades starting from 1992, the government as the biggest shareholder of over 25 banks had to provide capital for them.
• To grow and lend more, the banks often need a higher amount of capital to set aside also for loans that could go bad.
• With the government not willing to lower its equity holdings and with a large slice of the capital being set aside to cover for bad loans, the burden of infusing capital rests on the majority shareholder.
• This means marking a large amount of money almost every year during the last few years in the Budget for capital infusion at many banks at a time when there is a huge demand for social sector.
• By reducing the number of banks to a manageable count, the government hopes that the demands for such capital infusion will be lower progressively with increased efficiencies and with more well capitalised banks.
• It will also help that the government can focus now on fewer banks than in the past.

Pros of the merger

Some of the pros of the mergers are:

• a large capital base would equip the merged entities to disburse a larger number of loans and of higher magnitude,
• operational efficiency will reduce costs,
• the need for recapitalization from the government will reduce, and
• better adoption of technology.

Limitations

The cons of the amalgamation are:

• it would be tough to manage issues pertaining to human resources,
• having only a few large, inter-linked banks can expose the broader economy to enhanced financial risks, and
• the local identity of small banks will be lost, leading to ramifications in the social and cultural space that are often not recognised or understood.

Implications of the merger

Bad Loans

• The merger of banks per se will not lead to a decrease in the absolute size of bad loans in their books.
• The size of bad loans in bank books can drop only if banks manage to improve the recovery of these loans, or if these loans are written off their balance sheets.
• The bad loan recovery process remains slow due to the inefficient judicial system in the country and banks have been unwilling to aggressively write off bad loans since that would require recognising greater losses.

Structural problems

• The present merger, many believe, also does not address the issue of political interference in the management of state-owned banks that is at the root of the bad loan crisis.
• The stated purpose of the nationalization of banks in 1969 was to use bank credit to fund the various development goals of the government.
• Towards this end, over the years, various state-owned banks have been forced to extend loans under political pressure even though such loans did not always make business sense.
• This is in contrast to private banks that are allowed to operate simply as pure businesses seeking profits.

Funding for growth

• Finally, when it comes to funding the growth needs of the economy, large banks may be able to lend more money than smaller banks due to the size of their capital base.
• However, some argue that large banks may not really be essential when it comes to funding big-ticket business projects.
• In the past, several smaller banks have come together to extend large loans. Further, companies themselves might prefer to seek funds from multiple sources.

Critical opinion on merger

• The merging of healthy banks with weak banks may not really improve the health of the banking system as a whole.
• In fact, many believe, by diluting the management of strong banks, forced mergers may lead to a significant deterioration in the overall health of the banking system.
• Last but not least, if the managers of efficient banks are punished for their good performance by being asked to share the burden of weaker banks, many fear that there will be fewer incentives for managers to manage well.
• This can further negatively affect the long-term performance of state-owned banks.

More thrust is on RBI

• The RBI keeps monitoring large institutions whose potential failure can impact other institutions or banks and the financial sector, and which could have a contagion effect and erode confidence in other banks.
• A case in point is the recent instance of IL&FS Group, which defaulted on repayments hitting many lenders and investors.
• The creation of more large-sized banks will mean the RBI will have to improve its supervisory and monitoring processes to address increased risks.

Conclusion

• The finance minister has quoted that the proposed big banks would be able to compete globally and improve their operational efficiency once they lower their cost of lending and improve lending.
•  But none of India’s banks including the largest, SBI, figures in the list of the top 50 global banks. So that may be a long way away.
• While the announced consolidation of PSU banks is a credit positive as it enables the consolidated entities to meaningfully improve scale of operations and help their competitive position.
• At the same time, there will not be any immediate improvement in their credit metrics as all of them have relatively weak solvency profiles.

References

https://www.civilsdaily.com/news/explained-mergers-of-public-sector-banks/

https://www.thehindu.com/business/Industry/how-will-mergers-affect-public-banks/article29363041.ece

https://www.moneycontrol.com/news/business/mergers-acquisitions/digging-deeper-the-big-bank-merger-what-why-and-what-next-4411711.html

https://www.deccanherald.com/specials/sunday-spotlight/the-big-bank-theory-759842.html

Context

Migrations to Assam

• Assam saw waves of migration, first as a colonial province and then as a border state in independent India.
• The colonial Assam (1826–1947) witnessed migration from various provinces of British India for tea plantation.
• The liberal attitude of the Colonial authorities further encouraged the continuous arrival of peasants from Bengal to Assam in search of fertile lands.
• The Partition of the subcontinent and communal riots had just triggered vast population exchanges at the border.
• And this unrelenting migration from East Pakistan, now known as Bangladesh led to a perceptible change in the demographic pattern in some districts of the Province.

What exactly is the National Register of Citizens (NRC)?

• The NRC is a register containing names of all genuine Indian citizens. The register was first prepared after the 1951 Census of India.
• Since 2015, Assam has been in the process of updating the 1951 register.
• The register is meant to be a list of Indian citizens living in Assam.
• For decades, the presence of migrants, often called “bahiragat” or outsiders, has been a loaded issue here.

Why is it being updated now?

• One of the stated aims of the exercise is to identify so-called “illegal immigrants” in the state, many of whom are believed to have poured into Assam after the Bangladesh War of 1971.
• In 1979, about eight years after the war, the state saw an anti-foreigners’ agitation.
• Assamese ethnic nationalists claimed illegal immigrants had entered electoral rolls and were taking away the right of communities defined as indigenous to determine their political future.

The Assam Accord

• In 1985, the anti-foreigners’ agitation led by the All Assam Students’ Union came to an end with the signing of the Assam Accord.
• Under this accord, those who entered the state between 1966 and 1971 would be deleted from the electoral rolls and lose their voting rights for 10 years, after which their names would be restored to the rolls.

Who is a Foreigner in Assam?

• The National Register of Citizens now takes its definition of illegal immigrants from the Assam Accord – anyone who cannot prove that they or their ancestors entered the country before the midnight of March 24, 1971, would be declared a foreigner and face deportation.
• Those who entered on or after March 25, 1971, the eve of the Bangladesh War, would be declared foreigners and deported.
• This means you could be born in India in 1971 to parents who crossed the border in that year, and still be termed an illegal immigrant at the age of 48.

Why is the NRC being updated now?

• The mechanism for detecting so-called foreigners had previously been delineated by the Illegal Migrants (Determination by Tribunals) Act of 1983.
• This was struck down by the Supreme Court in 2005, on a petition which argued that the provisions of the law were so stringent, they made the “detection and deportation of illegal migrants almost impossible”.
• The petitioner was Sarbananda Sonowal, now chief minister of Assam.
• That same year, the decision to start updating the NRC was taken at a tripartite meeting attended by the Centre, the Assam government as well as the All Assam Students’ Union and chaired by then PM Manmohan Singh.

The apex court intervention

• The court came into the picture after a non-governmental organisation called Assam Public Works filed a petition asking that so-called illegal migrants be struck off the electoral rolls.
• In 2013, the Supreme Court asked the Centre to finalise the modalities to update the new NRC.
• The project was launched in earnest from 2015, monitored directly by the Supreme Court.

How do the authorities establish citizenship?

• The counting process went through several phases. First, there was data collection.
• Most individuals applying for inclusion into the NRC had to prove not only that their ancestors had lived in Assam pre-1971 but also their relationship with the ancestor.
• Then came the verification process. Documents were sent to the original issuing authorities while NRC officials conducted field verification.
• Once the data was submitted, the applicant’s blood relations were plotted on a family tree.

Why is the process so contentious?

• Bengali Muslims, the community most often branded as illegal Bangladeshi immigrants, felt they were put under greater scrutiny than other groups.
• These fears were deepened with the sudden appearance of an “original inhabitants” category in 2017.
• The Assam state coordinator of the NRC, admitted that people internally classified as original inhabitants faced less scrutiny.
• It was rumored that no Muslims had been included in this category.

The “doubtful” D-Voters

• The second draft was published on July 30, 2018. It excluded 2.48 lakh “D” voters and their descendants.
• D voters or doubtful voters are people who had their voting rights suspended by the Election Commission because their citizenship was suddenly in doubt.
• The letter “D” was placed next to their names in the electoral rolls.
• It was reported that even “D” voters who had fought cases and got their names cleared in Foreigners’ Tribunals have not been able to shed the tag because the Election Commission’s software is not sophisticated enough.

How many people have made it to the NRC so far?

• Of the 3.29 crore people who applied, 2.89 crore people made it to the draft published on July 30, 2018.
• But over 40.07 lakh were excluded, including army veterans, government employees, families of former presidents and Assam’s only woman chief minister.
• There is no official community-wise or district-wise data. But anecdotal evidence suggests Bengali-origin communities were overwhelmingly affected.

What about those excluded?

• All those left out of the draft were told to make fresh claims to citizenship at the Foreigners Tribunals.
• The MHA has amended the Foreigners (Tribunals) Order, 1964, and has empowered district magistrates in all States and UTs to set up tribunals to decide whether a person staying illegally in India is a foreigner or not.
• Over the past year, the NRC officials also accepted objection forms which allowed people to flag the inclusion of “ineligible persons” in the register.
• The law has since been struck down by the court but the tribunals persist, tasked with determining whether individuals being tried are foreigners and should be deported.

Flaws in Foreigners Tribunals

• Several flaws have been identified in this process, from the lack of legal aid to ex parte orders declaring people foreigners without even a trial.
• Tribunal members are pressured to declare the maximum number of foreigners rather than clear people of the charge.
• In anticipation of a fresh rush of cases after the final list, 1,000 more tribunals are being set up across the state.

What happens to those who lose cases at the Foreigners Tribunals?

• Neither the state nor the Centre has clarified what happens to those who lose their cases in the Foreigners’ Tribunals, whether they will be detained, deported or allowed to stay on without the rights and privileges of citizenship.
• In the past, those deemed to be foreigners have been transferred to detention centres in the state. Till date, there are six across Assam, carved out of local prisons.
• So-called foreigners have languished here for years in a legal limbo. While the Indian state has declared them foreigners, there is no repatriation treaty under which they can be deported to Bangladesh.
• Last year, Assam also got sanction from the Centre to build the first standalone detention camp in the state, capable of housing 3,000 inmates.

Bangladeshi un-acceptance

• Over the years, Bangladeshi leaders have frequently been quoted in the media as denying the presence of its nationals in India.
• Besides, there have been no visible recent efforts by India to push the matter with Bangladesh.
• In fact, India is understood to have conveyed to Bangladesh, just before the final draft NRC was published, that there was no talk of deportation.
• This was an effort directed at addressing a friendly neighbour’s concerns about the prospect, even if it was a theoretical one, of being flooded with a mass of deportees.

Conclusion

• Updating the national register of citizens is indeed a positive step but the actual success lies in its peaceful implementation.
• It was essential to deal with the illegal immigration in Assam.
• But a proper framework is need to be developed to deal with the post drafting issues in the region.
• Moreover the state government should ensure that injustice should not be done to any of its citizens.

Way Forward

• India, as a country which follows the ideology of ‘Vasudhaiva Kutumbakam’, should not be hasty in taking decisions that can disenfranchise her citizens – contradicting its centuries-followed values.
• The need of the hour is that Union Govt. should clearly chart out the course of action regarding the fate of excluded people from final NRC data.
• The political parties should refrain from coloring the entire NRC process through electoral prospects that may snowball in to communal violence.
• There is a need for a robust mechanism of legal support for the four million who have to prove their citizenship to India with their limited means.

Context

• The Union Home Minister introduced two statutory resolutions, one, to recommend that the President issue a notification rendering Article 370 inoperative, and two, to accept the J&K Reorganization Bill.
• The move was intended to fill the political vacuum in the valley.

J&K Reorganization Process

1. President issued a presidential order under Article 370 (1) of the Constitution

• This clause enables the President to specify the matters which are applicable to J&K.
• As it can be issued only with the J&K government’s concurrence, the notification uses the words “with the concurrence of the Government of the State of J&K”.
• This presumably means the Governor, who is now administering the State under President’s Rule, has given his concurrence on behalf of the State government.

2. The Order supersedes the 1954 Order

• This effectively means that all the provisions that formed the basis of a separate “Constitution” for J&K stand abrogated.
• The Order declares that all the provisions of the Constitution of India, shall apply to J&K too.

3. Special measures for scrapping of Article 370

• A few clauses were added to Article 367 of the Constitution. Article 367 contains “Interpretations”.
• They contain guidance on how to read or interpret some provisions.
• The new clauses say, when applicable to J&K, all references to the ‘Sadar-i-Riyasat’, acting on the aid and advice of the Council of Ministers, will be construed as references to the Governor of J&K.
• All references to the State government shall mean “the Governor”.

4. Abrogating Constituent Assembly

• Most importantly, the reference to the “Constituent Assembly” in a provision to Article 370 (3) has been amended to read “Legislative Assembly of the State”.
• This is the provision that says the President can declare that Article 370 is no more operative only on the recommendation of the Constituent Assembly.

5. Reorganization

• The Bill envisages converting J&K into a Union Territory with a legislature, and carve out Ladakh region as another Union Territory, but without a legislature.

Background

• J&K enjoyed special status under Article 370 of the Constitution of India.
• This Article describes it as a temporary provision and that it will cease to be operative if the President issues a public notification to that effect.
• However, prior to that, a recommendation is necessary from the Constituent Assembly of J&K.

What is Article 370?

• Included in the Constitution on October 17, 1949, Article 370 exempts J&K from the Indian Constitution (except Article 1 and Article 370 itself) and permits the state to draft its own Constitution.
• It restricts Parliament’s legislative powers in respect of J&K. For extending a central law on subjects included in the Instrument of Accession (IoA) mere “consultation” with the state government is needed.
• But for extending it to other matters, “concurrence” of the state government is mandatory.

What changes did Art. 370 mandate?

• As a result of Article 370, J&K had its own Constitution, and all laws passed by Parliament will not be applicable to the State, unless the State government gives its concurrence.
• The Constitution (Application to J&K) Order, 1954, lists the Articles and provisions that apply to J&K.

Another bone of contention: Article 35A

• Further, the President also listed a set of exceptions under Article 35A of the Constitution.
• Article 35A empowered the J&K state’s legislature to define “permanent residents” of the state and provide special rights and privileges to those permanent residents.
• It protected the exclusive laws – such as the bar on outsiders buying property and women marrying non-Kashmiris losing their property rights – of the State.
• It was added to the Constitution through a Presidential Order, i.e., The Constitution (Application to J&K) Order, 1954 – issued by the President of India on 14 May 1954.
• This was an exercise of the powers conferred by the clause (1) of the Article 370 of the Indian Constitution, and with the concurrence of the Government of the State of J&K.

Why Article 35A  was allowed to continue?

• Since Article 35A predates basic structure theory of 1973, as per Waman Rao (1981), it cannot be tested on the touchstone of basic structure.
• Certain types of restrictions on purchase of land are also in place in several other states, including some in the Northeast and Himachal Pradesh.
• Domicile-based reservation in admissions and even jobs is followed in a number of states, including under Article 371D for undivided Andhra Pradesh.

Outcome of the proposed reorganization

I. Division of the state

• Both Ladakh and Jammu and Kashmir will be Union territory.
• J&K will have a state Legislative Assembly like Delhi and Puducherry while Ladakh would be a Union Territory without Legislature.

II. Single national flag

• The state would have just one National Flag that is our Tri-Colour of India.

III. Status of Article 370

• The Presidential Order has not scrapped Article 370.  All provisions of the article 370 are null and void except clause 1 .
• Clause 1 of the article 370 envisages that Jammu and Kashmir is the integral part of India.
• But invoking this very article special status of Jammu & Kashmir has been withdrawn.
• Thus Article 370 is very much on the statute book.

IV. Status of Article 35-A

• Since Presidential Order of August 5 has extended all the provisions of the Constitution of India to Kashmir, Fundamental rights chapter has now been extended.
• Hence discriminatory provisions of Article 35-A have now become unconstitutional. President also may withdraw Article 35-A.

Analysing the reorganization-

Why was Article 370 a bone of content?

• Article 370 gave some special powers to the state of Jammu and Kashmir.
• It allowed the state to have its own constitution, its own prime minister (which was later removed) and its own flag.
• The article also restricted the Parliament’s jurisdiction to draft laws for the state except for three areas — defense, foreign affairs and communication.

Why Article 35-A was discriminatory?

• Article 35-A was inserted in the Constitution through a presidential proclamation in 1954.
• It was surreptitiously inserted and it was neither a part of the original constitution nor did it come as a constitutional amendment.
• This article empowered the state to decide permanent residents and their privileges with regards to land ownership and employment in Jammu and Kashmir.
• And people who were deemed ‘non-residents’ were not allowed to buy property, settle down, seek government jobs, college admissions or scholarships.

Was Article 370 a temporary provision?

• It is the first article of Part XXI of the Constitution. The heading of this part is ‘Temporary, Transitional and Special Provisions’.
• Article 370 could be interpreted as temporary in the sense that the J&K Constituent Assembly had a right to modify/delete/retain it; it decided to retain it.
• Another interpretation was that accession was temporary until a plebiscite.
• The Supreme Court in April 2018 said that despite the headnote using the word “temporary’, Article 370 is not temporary.
• In Sampat Prakash (1969) the SC refused to accept Article 370 as temporary. A five-judge Bench said “Article 370 has never ceased to be operative”. Thus, it is a permanent provision.

Was Article 370 useful to Centre?

• The Centre has used Article 370 even to amend a number of provisions of J&K’s Constitution, though that power was not given originally.
• Article 356 was extended though a similar provision that was already in Article 92 of the J&K Constitution, which required that President’s Rule could be ordered only with the concurrence of the President.
• To change provisions for the Governor being elected by the Assembly, Article 370 was used to convert it into a nominee of the President.
• Again, Article 249 (power of Parliament to make laws on State List entries) was extended to J&K without a resolution by the Assembly and just by a recommendation of the Governor.
• In certain ways, Article 370 reduces J&K’s powers in comparison to other states. It is more useful for India today than J&K.

Was it  un-constitutional?

• Article 370 itself mentions Article 1, which includes J&K in the list of states.
• It has been described as a tunnel through which the Constitution is applied to J&K.
• India has used Article 370 at least 45 times to extend provisions of the Indian Constitution to J&K.
• This is the only way through which, by mere Presidential Orders, India has almost nullified the effect of J&K’s special status.
• By the 1954 order, almost the entire Constitution was extended to J&K including most Constitutional amendments.
• Ninety-four of 97 entries in the Union List are applicable to J&K; 26 out of 47 items of the Concurrent List have been extended; 260 of 395 Articles have been extended to the state, besides 7 of 12 Schedules.

Did it isolate J&K from India?

• Article 3 of the J&K Constitution declares J&K to be an integral part of India.
• In the Preamble to the J&K Constitution, there is no claim to sovereignty.
• There is categorical acknowledgement about the object of the J&K Constitution being to further define the existing relationship of the state with the Union of India as its integral part thereof.
• Moreover people of state are referred as ‘permanent residents’ not ‘citizens’.

What it means for the Kashmiri Population?

• Article 370 is not an issue of integration but of autonomy.
• The recent Presidents Order is concerned with uniformity along with the integration.
• Article 370 was not only part of the Constitution but also part of federalism, which is basic structure.
• Kashmiris fear the move would lead to a demographic transformation of the region.

Is the road clear for the reorganization?

• Clause (3) of Article 370 gives the President power to end the special rights and privileges of the people of Jammu and Kashmir under the 1954 Order.
• However, the clause carries a rider. President would have to first get the consent of the Constituent Assembly of J&K before issuing such a notification.
• As there is no Constituent Assembly in existence now, there is nobody to recommend the scrapping of Article 370.
• Ideally, any such amendment to the name of the ‘Constituent Assembly’ would require the assent of the Constituent Assembly itself.

 Way ahead

• According to experts the order will face both legal and political challenges in the coming days.
• The government can argue that the amendment made in August 5 notification only applies to Jammu and Kashmir and not the entire Dominion of India, and so, does not require a constitutional amendment.
• This point of contention may reach the Supreme Court, where several petitions on the constitutionality of Article 35A, and in consequence Article 370, are pending for adjudication.

RTI amendment Bill

CONTEXT

The Right to Information (Amendment) Bill, 2019 that amends the Right to Information Act, 2005 has been introduced in Lok Sabha.

What does the RTI Act do?

• Under the RTI Act, 2005, Public Authorities are required to make disclosures on various aspects of their structure and functioning.
• This includes: (i) disclosure on their organisation, functions, and structure, (ii) powers and duties of its officers and employees, and (iii) financial information.

Need:

The intent of such suo moto disclosures is that the public should need minimum recourse through the Act to obtain such information. The intent behind the enactment of the Act is to promote transparency and accountability in the working of Public Authorities.

Who is included in the ambit of ‘Public Authorities’?

‘Public Authorities’ include bodies of self-government established under the Constitution, or under any law or government notification. For instance, these include Ministries, public sector undertakings, and regulators. It also includes any entities owned, controlled or substantially financed and non-government organizations substantially financed directly or indirectly by funds provided by the government.

How is the right to information enforced under the Act?

• The Act has established a three tier structure for enforcing the right to information guaranteed under the Act.
• Public Authorities designate some of their officers as Public Information Officers.
• The first request for information goes to Central/State Assistant Public Information Officer and Central/State Public Information Officer, designated by the Public Authorities. These Officers are required to provide information to an RTI applicant within 30 days of the request.
• Appeals from their decisions go to an Appellate Authority.

Information Commissions:

• Appeals against the order of the Appellate Authority go to the State Information Commission or the Central Information Commission.
• These Information Commissions consists of a Chief Information Commissioner, and up to 10 Information Commissioners.

What does the Right to Information (Amendment) Bill, 2019 propose?

• The Bill changes the terms and conditions of service of the CIC and Information Commissioners at the centre and in states.
• The Bill states that the central government will notify the term of office for the CIC and the ICs.
• The Bill states that the salaries, allowances, and other terms and conditions of service of the central and state CIC and ICs will be determined by the central government.

History of amendments

• “Amendments” have haunted the Right to Information (RTI) community ever since the RTI Act came into effect almost 14 years ago.
• Rarely has a law been so stoutly defended by activists. It is not possible to pass a perfect law.
• But it was a popular opinion strongly held by most RTI activists that a demand for progressive amendments could be used as a smokescreen by the establishment to usher in regressive changes.

Background of amendments

• Nevertheless, the sword of Damocles of regressive amendments has hung over the RTI with successive governments.
• Amendments have been proposed since 2006, just six months after the law was implemented and many times thereafter.
• Peoples’ campaigns, through reasoned protest and popular appeal, have managed to have them withdrawn.

The proposed amendments

1.Challenging Autonomy

In the form of the Right to Information (Amendment) Bill, 2019, they seek to amend Sections 13, 16, and 27 of the RTI Act which carefully links, and thereby equates, the status of the Central Information Commissioners (CICs) with the Election Commissioners and the State Information Commissioners with the Chief Secretary in the States, so that they can function in an independent and effective manner.

2. Giving central overarching power – The deliberate dismantling of this architecture empowers the Central government to unilaterally decide the tenure, salary, allowances and other terms of service of Information Commissioners, both at the Centre and the States.

Why is there a need of change?

Some feel that it is because the RTI helped with the cross-verification of the affidavits of powerful electoral candidates with official documents and certain Information Commissioners having ruled in favour of disclosure.

Challenge to the misuse of power – It is unlikely to be a set of instances but more the fact that the RTI is a constant challenge to the misuse of power.

Empowering a citizen’s access to power and decision-making –

• In a country where the rule of law hangs by a slender thread and corruption and the arbitrary use of power is a daily norm, the RTI has resulted in a fundamental shift — empowering a citizen’s access to power and decision-making.
• It has been a lifeline for many of the 40 to 60 lakh ordinary users, many of them for survival.
• It has also been a threat to arbitrariness, privilege, and corrupt governance.
• More than 80 RTI users have been murdered because their courage and determination using the RTI was a challenge to unaccountable power.

Impact of RTI

• The RTI has been used brilliantly and persistently to ask a million questions across the spectrum — from the village ration shop, the Reserve Bank of India, the Finance Ministry, on demonetisation, non-performing assets, the Rafale fighter aircraft deal, electoral bonds, unemployment figures, the appointment of the Central Vigilance Commissioner (CVC), Election Commissioners, and the (non)-appointment of the Information Commissioners themselves.
• The information related to decision-making at the highest level has in most cases eventually been accessed because of the independence and high status of the Information Commission.

Significance of RTI

• The RTI movement has struggled to access information and through it, a share of governance and democratic power.
• The Indian RTI law has been a breakthrough in creating mechanisms and platforms for the practice of continual public vigilance that are fundamental to democratic citizenship.
• The mostly unequal struggle to extract information from vested interests in government needed an institutional and legal mechanism which would not only be independent but also function with a transparency mandate and be empowered to over-ride the traditional structures of secrecy and exclusive control.
• An independent Information Commission which is the highest authority on information along with the powers to penalise errant officials has been a cornerstone of India’s celebrated RTI legislation.

Part of checks and balances

• The task of the Information Commission is therefore different but no less important than that of the Election Commission of India.
• Independent structures set up to regulate and monitor the government are vital to a democratic state committed to deliver justice and constitutional guarantees.
• The separation of powers is a concept which underscores this independence and is vital to our democratic checks and balances.
• When power is centralised and the freedom of expression threatened no matter what the context, democracy is definitely in peril.
• Sections being amended – Apart from Section 13 which deals with the terms and conditions for the Central information Commission, in amending Section 16, the Central government will also control through rules, the terms and conditions of appointment of Commissioners in the States. This is an assault on the idea of federalism.

Opaque moves

Checks by committee –

• All the provisions related to appointment were carefully examined by a parliamentary standing committee and the law was passed unanimously.
• It has been acknowledged that one of the most important structural constituents of any independent oversight institution, i.e. the CVC, the Chief Election Commission (CEC), the Lokpal, and the CIC is a basic guarantee of tenure. In the case of the Information Commissioners they are appointed for five years subject to the age limit of 65 years.
• It was on the recommendation of the parliamentary standing committee that the Information Commissioner and CIC were made on a par with the Election Commissioner and the CEC, respectively.

Challenges in the manner of amendment being pursued

1.Bypassing examination by the standing committee – The manner in which the amendments are being pushed through without any citizen consultation, bypassing examination by the standing committee demonstrates the desperation to pass the amendments without even proper parliamentary scrutiny.

2.Pre-legislative consultative policy – The mandatory pre-legislative consultative policy of the government has been ignored.

Previous governments eventually introduced a measure of public consultation before proceeding with the amendments.

3.Violation of Constitutional Values –

• If the amendments are discussed by citizens and RTI activists in the public domain, it would be apparent that these amendments fundamentally weaken an important part of the RTI architecture.
• They violate the constitutional principles of federalism, undermine the independence of Information Commissions, and thereby significantly dilute the widely used framework for transparency in India.

Conclusion

The RTI has unshackled millions of users who will continue to use this democratic right creatively and to dismantle exclusive power. The RTI has been and will be used to withstand attacks on itself and strengthen the movement for transparency and accountability in India. Eventually, the Narendra Modi government will realise that while it might be able to amend a law, it cannot stop a movement.

The Protection of Children from Sexual Offences (Amendment) Bill, 2019

Stringent punishments under POCSO Act

• In a historic decision to protect the children from Sexual offences, the Union Cabinet chaired by PM Modi has approved the Amendments in the Protection of Children from Sexual Offences (POCSO) Act, 2012.
• It will make punishment more stringent for committing sexual crimes against children including death penalty.
• The amendments also provide for levy of fines and imprisonment to curb child pornography.

Salient Features of the POCSO Act 2012

• This act is applicable to the whole of India and provides protection to children under the age of 18 years against sexual offences.
• Definition of sexual abuse – penetrative and non-penetrative assault, as well as sexual harassment and pornography, and deems a sexual assault to be “aggravated” under certain circumstances, such as when the abused child is mentally ill or when the abuse is committed by a person in a position of trust or authority vis-a-vis the child, like a family member, police officer, teacher, or doctor.
• It has raised the age of consensual sex from 16 years as per Indian Penal Code, 1860 to 18 years. This means that –
  • Any person (including a child) can be prosecuted for engaging in a sexual act with a child irrespective of whether the latter consented.
  • A husband or wife can be prosecuted for engaging in a sexual act with his or her spouse under the age of eighteen years.
• The burden of proof lies on the accused – punishment has been provided for false complaints or false information with malicious intent.
• People who traffic children for sexual purposes are also punishable under the provisions relating to abetment in the Act.
• In keeping with the best international child protection standards, the Act also casts a legal duty upon a person who has knowledge that a child has been sexually abused to report the offence; if he fails to do so, he may be punished with six months’ imprisonment and/ or a fine.
• The Act also casts the police in the role of child protectors and are given the responsibility of making urgent arrangements for the care and protection of the child, such as obtaining emergency medical treatment for the child and placing the child in a shelter home, should the need arise.
• The police are also required to bring the matter to the attention of the Child Welfare Committee (CWC) within 24 hours of receiving the report, so the CWC may then proceed where required to make further arrangements for the safety and security of the child.
• The Act also makes provisions for the medical examination of the child designed to cause as little distress as possible. The examination is to be carried out in the presence of the parent or other person whom the child trusts, and in the case of a female child, by a female doctor.
• The Act further makes provisions for avoiding the re-victimisation of the child at the hands of the judicial system. It provides for special courts that conduct the trial in-camera and without revealing the identity of the child, in a manner that is as child-friendly as possible.
• The Special Court can determine the amount of compensation to be paid to a child who has been sexually abused for the child’s medical treatment and rehabilitation.
• The Act stipulates that a case of child sexual abuse must be disposed of within one year from the date the offence is reported.

Role of police: The Act casts the police in the role of child protectors during the investigative process. Thus, the police personnel receiving a report of sexual abuse of a child are given the responsibility of making urgent arrangements for the care and protection of the child, such as obtaining emergency medical treatment for the child and placing the child in a shelter home, and bringing the matter in front of the Child Welfare Committee (CWC), should the need arise.

Safeguards: The Act further makes provisions for avoiding the re-victimisation of the child at the hands of the judicial system. It provides for special courts that conduct the trial in-camera and without revealing the identity of the child, in a manner that is as child-friendly as possible. Hence, the child may have a parent or other trusted person present at the time of testifying and can call for assistance from an interpreter, special educator, or other professional while giving evidence. Above all, the Act stipulates that a case of child sexual abuse must be disposed of within one year from the date the offence is reported.

Mandatory reporting: The Act also provides for mandatory reporting of sexual offences. This casts a legal duty upon a person who has knowledge that a child has been sexually abused to report the offence; if he fails to do so, he may be punished with six months’ imprisonment and/ or a fine.

Definitions: The Act defines a child as any person below eighteen years of age. It defines different forms of sexual abuse, including penetrative and non-penetrative assault, as well as sexual harassment and pornography. It deems a sexual assault to be “aggravated” under certain circumstances, such as when the abused child is mentally ill or when the abuse is committed by a person in a position of trust or authority like a family member, police officer, teacher, or doctor.

What are the amendments proposed?

• The act will be amended to introduce the death penalty as a punishment for offences of penetrative sexual assault and aggravated penetrative sexual assault.
• Aggravated penetrative sexual assault: The Act defines certain actions as “aggravated penetrative sexual assault”. These include cases when a police officer, a member of the armed forces, or a public servant commits penetrative sexual assault on a child. It also covers cases where the offender is a relative of the child, or if the assault injures the sexual organs of the child or the child becomes pregnant, among others. The Bill adds two more grounds to the definition of aggravated penetrative sexual assault. These include: (i) assault resulting in the death of child, and (ii) assault committed during a natural calamity.
• Penetrative sexual assault: Under the Act, a person commits “penetrative sexual assault” if he: (i) penetrates his penis into the vagina, mouth, urethra or anus of a child, or (ii) makes a child do the same, or (iii) inserts any other object into the child’s body, or (iv) applies his mouth to a child’s body parts. The punishment for such offence is imprisonment between seven years to life, and a fine. The Bill increases the minimum punishment from seven years to ten years. It further adds that if a person commits penetrative sexual assault on a child below the age of 16 years, he will be punishable with imprisonment between 20 years to life, along with a fine.
• Aggravated sexual assault: Under the Act, “sexual assault” includes actions where a person touches the vagina, penis, anus or breast of a child with sexual intent without penetration. “Aggravated sexual assault” includes cases where the offender is a relative of the child, or if the assault injures the sexual organs of the child, among others. The Bill adds two more offences to the definition of aggravated sexual assault. These include: (i) assault committed during a natural calamity, and (ii) administering any hormone or any chemical substance, to a child for the purpose of attaining early sexual maturity.
• Storage of pornographic material: The Act penalises storage of pornographic material for commercial purposes with a punishment of up to three years, or a fine, or both. The Bill amends this to provide that the punishment can be imprisonment between three to five years, or a fine, or both. In addition, the Bill adds two other offences for storage of pornographic material involving children. These include: (i) failing to destroy, or delete, or report pornographic material involving a child, and (ii) transmitting, propagating, or administering such material except for the purpose of reporting

What is the rationale behind the legislation?

• As per the last available data from the National Crime Records Bureau 2016 of child rape cases came up before the courts under the POCSO Act read with Indian Penal Code Section 376.
• Less than three per cent cases ended in convictions, pointing to the need for better access to justice for all, and not just more stringent conviction in a small percentage of cases.
• There is the belief that harsher punishments will deter people from committing child rape.
• Also, justice for child survivors demands that the law provide for the death penalty.
• Lastly, the disgust for the crime makes the perpetrator ‘deserving’ of death penalty.

Why are the arguments flawed?

1. Deterrence

The deterrence argument puts forth that fear of harshest punishment will prevent individuals from committing child rape.

• But social, economic, cultural, psychological and other factors in one’s life interact in far more complex ways.
• Various studies have proved the uncertainty of death penalty in being an effective deterrent.
• Moreover, in the context of child rape, many preventive measures and policies do have a definitive impact on preventing child rape.
• These may include risk assessment and management, cognitive behavioural treatment and community protection measures.
• Diverting resources to the death penalty, is more like taking away from developing these strategies that have greater preventive potential.

2. Justice

The argument of death penalty as justice to the child survivor seeks to cover-up the real reasons preventing justice.

• Notably, the conviction rates are low under the Protection of Children from Sexual Offences Act, 2012.
• There are some grave concerns over the manner of investigations and criminal prosecutions under the POCSO Act.There is lack of specialised investigators, prosecutors, judges, mental health professionals, doctors, forensic experts and social workers.
• Inadequate child protection and rehabilitation services, lack of compliance with child-friendly legal procedures are some other concerns.
• Furthermore no real system of positive measures to reduce vulnerabilities of children in this context has been developed.
• Working on these shortfalls is the need of the hour to ensure justice for child survivors.

3 Under-reporting

A large proportion of perpetrators are family members or those close to or known to the family.

• This results in massive underreporting of such crimes.
• This concern will only intensify with death penalty, as the child’s family risks sending a family member or a known person to the gallows.

4. Legal

Under the Constitution, a legislation has to always give a sentencing judge the option to choose between life imprisonment and death penalty. Death penalty cannot be declared as the only punishment for any crime. The sentencing judges will have to make this choice in the context of child rape too.

5. Vulnerability

The arbitrariness of the death penalty in India also arises from the discriminatory impact of the choice of what constitutes ‘rarest of rare’.

• The Death Penalty India Report of 2016 found that over 75% of death row prisoners were extremely poor.
• They belong to marginalised groups with barely any meaningful access to legal representation.
• Thus, in most cases, the weakest sections of the society bear the burden of the death penalty.
• It is important to understand this implication, in the discussion on death penalty for child rape.

Challenges

• It is frightening to see a society which is getting more and more literate and educated, is not aware of the concerned laws and legislations, otherwise, the original POCSO Act was good enough to create fear in the minds of people. This is evident from the rising number of cases of sexual assault on child.
• The resolution of such cases is not quick. It takes time to punish the criminals.
• Regarding the death penalty, there is a controversy. In some cases, it creates a deterrence but there is also a view that if one knows that one is going to get a death penalty for committing one such crime, one would probably commit more such crimes as anyway one is going to get the death penalty.
• The damage that is done to a child psychology by a person of trust cannot be compensated with anything.
• People are not even aware of the fact that the POCSO law is a gender neutral law.
• Implementation of the law remains a problem. The Kathua Rape case took 16 months for the main accused to be convicted whereas the POCSO Act clearly mentions that the entire trial and conviction process has to be done in one year.
• The POCSO Act gives the judges in the designated POCSO courts a lot of power to announce interim medical compensations for relief to victims. The judges in many cases do not provide for the same. Also, there have been cases when the compensation has reached to the victims after their death.
• The rate of conviction under the POCSO act is only about 32% if one takes the average of the past 5 years and the percentage of cases pending is 90%.
• As per the POCSO Act, FIR must be registered under the 30 days but this hardly happens.
• Politicization of rapes on communal angles is another challenge. The Unnao rape case and Kathua rape case are some of the examples.

What is the way forward?

• Measures that governments ought to take are different from steps meant to convey public abhorrence.
• The social menace of child rape requires sustained planning, engagement, and investment of resources by the government.
• Death penalty for child rape is a counterproductive diversion and an easy way out on the issue.

Application of Behavioural Economics in India

The Economic Survey 2019 has drawn on Nobel Laureate Richard Thaler’s Behavioural Economics Theory to lay out what it describes as an “ambitious agenda” for behaviour change that will bring in social change, which in turn, will help India transit to a $5 trillion economy by 2024-25. Programmes such as Swachh Bharat Mission, Jan Dhan Yojana and Beti Bachao Beti Padhao, provide testimony to the potential for behavioural change in India.

Given India’s rich cultural and spiritual heritage, social norms(that play a very important role in shaping the behaviour), can be utilized to effect behavioural change. Behavioural economics is, however, not a panacea to policymaking.

What is Behavioural Economics?

• Behavioural economics is a method of economic analysis that applies psychological insights into human behaviour to explain economic decision-making
• In reality, decisions made by people often deviate from the various theories of classical economics. Drawing on the psychology of human behaviour, behavioural economics provides insights to ‘nudge’ people towards desirable behaviour.
• The US academic Richard Thaler has won the Nobel prize in economics in 2017 for his pioneering work in this field.

What are nudges?

If policy design is thought as the map and development outcomes as the destination, then nudges can be the road signs that gently guide you towards the best route.

Formulating these road signs requires expertise at two levels:

1. Understanding why consumers pick less optimum routes (cognitive biases)
2. Designing signs that guide users to better routes (nudges/interventions).

Background:

‘Nudge’ theory was proposed originally in US ‘behavioral economics’. But, it was popularized by the 2008 book, ‘Nudge: Improving Decisions About Health, Wealth, and Happiness‘, written by American academics Richard H Thaler and Cass R Sunstein. The book is based strongly on the Nobel prize-winning work of the Israeli-American psychologists Daniel Kahneman and Amos Tversky.

Nudge theory is a flexible and modern concept for:

1. Understanding of how people think, make decisions, and behave.
2. Helping people improve their thinking and decisions.

• Managing change of all sorts.

1. Identifying and modifying existing unhelpful influences on people.

Basis for such interventions:

Behavioural economists have found that all sorts of psychological or neurological biases cause people to make choices that seem contrary to their best interests. The idea of nudging is based on research that shows it is possible to steer people towards better decisions by presenting choices in different ways.

• Nudges and other behavioural change interventions primarily rely on design and messaging that address the effect of behavioural biases on human behaviour.
• These biases are no unique phenomenon in government and public policy, neither do they affect only a small percentage of the population—cognitive biases are everywhere.
• Take for example the IKEA effect (named after the do-it-yourself Swedish furniture retailer). This bias leads to us placing a disproportionately high value on ideas or products that we had a hand in creating. The bias can prevent us from recognising early on that our much-valued product isn’t working well, or make us closed to ideas from elsewhere since we’re attached to the home-grown idea.
• Another common bias that we face on a daily basis comes from the psychological theory of framing—where the construction of a sentence or situation changes your perception or reaction of it (reactions in newspapers to the latest census results on religious groups are an excellent example of framing).

Do such interventions work?

Previous experiences suggest that, if planned carefully, and backed by accurate bias-targeting, then, such interventions do work.

Success stories:

• In Israel, the issuing or renewal of an ID, passport or driving license, became conditional upon answering the question of becoming a registered donor. The default option was an ‘opt-in’ provision, which greatly increased the list of registered donors by targeting the status quo bias.
• Similarly, in Singapore—known for a number of innovations in governance—providing the average electricity usage of the locality on the back of bills has nudged households to think about their own energy consumption, driving them towards reducing it to the average levels, an example of the groupthink effect.
• Copenhagen’s experiment of using green footsteps to lead to trash bins helped reduce littering by 46%.
• In the field of tax collection, nudge has helped boost revenues for cash-strapped governments. For instance, in Singapore, printing tax bills on the pink paper typically used for debt collection led to an improvement in the prompt payment rate of between three to five percentage points.

Applying behavioural science in India

• Analysis of social norms

1. Efforts in Bihar, to improve the quality of health-care service delivery by front-line workers takes into account popular ‘rituals’, like keeping a baby away from the ground in a cot (palna), or marking decorations around her hearth (chulah), for transmitting messages that are culturally acceptable

• Behavioural science can be applied to large-scale programmes

1. The very nature of the science being imbued in a social and cultural context enables it to generate effective and sustained results to public service programmes
2. Research is going on in Tamil Nadu and Bihar to analyse core social motivators for open defecation and related behaviours with culturally appropriate social measures to convert toilet usage into a sustained habit

• Interventions that are designed using this science can reduce the intent-to-action gap

1. There are a plethora of tools like defaults, reminders, prompts, and incentives that can reduce poor adherence and increase compliance for sustained impact throughout the life of an intervention
2. A good example of this is Kilkari, a mobile service by the government that delivers free, weekly and time-appropriate audio messages about pregnancy, childbirth and childcare directly to families’ mobile phones

• Data collected and evaluated from a behavioural insights approach can be used for better management of programme performances

1. Rigorous evaluation of behaviour is often missed while measuring programme performances, and often this missing data can help explain the limited impact of well-intended government programmes
2. The impressive work done by the Ministry of Rural Development, on monitoring the implementation of national flagship schemes through DISHA dashboards, can be leveraged for evaluating behavioural change on the ground

The learnings of the economic survey on Behavioral Economics

• A key principle of behavioural economics is that while people’s behaviour is influenced significantly by social norms, understanding the drivers of these social norms can enable change. In India, where social and religious norms play such a dominant role in influencing behaviour; behavioural economics can, therefore, provide a valuable instrument for change.
• Many Indian schemes that employ insights from behavioural economics have met with success. For example:
  • The Swachh Bharat Mission (SBM) and the Beti Bachao, Beti Padhao (BBBP) scheme, Give it up (LPG subsidy).
• The Survey, therefore, lays out an ambitious agenda for behavioural change by applying the principles of behavioural economics to several issues, including gender equality, a healthy and beautiful India, savings, tax compliance and credit quality.

Behavioural Economics’ application in the Indian context

• Recently, behavioural economists have discovered the efficacy of a new class of policies called “nudge” policies. Nudge policies gently steer people towards desirable behaviour even while preserving their liberty to choose.
• According to Nudge theory: People need reminders and positive reinforcement to sustain socially desirable behaviour.
• According to the Organisation for Economic Cooperation and Development, there are more than 202 government institutions using behavioural insights around the world.
• Examples of nudge policies:
  • For increasing tax compliance in India: Citizens can be sent variations of text messages on how their taxes make a difference to public services.
  • For reducing drop out rate in poor families: Parents can be informed about the average income gains from spending one more year in school for children.
  • To increase savings rate: People can be offered specially designed savings accounts that locked up funds until a self-specified target was met.
• Behavioural economics is, however, not a panacea to policymaking.

Limitations of Behavioural Economics

• ‘Give It Up’ -LPG subsidy was a comparatively easy policy to be induced by behavioural economics as it requires only a one-time action of affluent households, whereas task is very difficult in case of Beti Bachao, Beti Padao and SBM, as it requires continuous effort to dislodge mind-sets that prevailed for decades.
• Community-led sanitation schemes, part of the SBM, did include steps to change behaviour, but advertising campaigns such as the Beti Bachao Beti Padhao scheme did not target specific states where child sex ratios were already skewed (although it was effective in Haryana, which also has a very poor sex ratio)
• The applications of behavioural insights appeared to be a result of confirmation bias (to the extent that past policies were viewed with a behavioural lens).
• Survey held, reducing corruption, discouraging the conspicuous display of wealth and inculcating a sense of pride of being the highest taxpayer in a district (by naming buildings after them) would go a long way in ensuring behavioural change vis-à-vis tax compliance
  • But this could easily lead to a backlash among lower taxpayers, and hurt tax morale disproportionately.

In this scenario, government regulation, taxes and free-market policies should be clubbed with a nudge effect to increase the efficacy of policymaking. If it is implemented diligently than Indian policymaking will be transformed:

• From BBBP to BADLAV (Beti Aapki Dhan Lakshmi Aur Vijay Lakshmi)
• From Swachh Bharat to Sundar Bharat
• From “Give it up” for the LPG subsidy to “Think about the Subsidy”
• From tax evasion to tax compliance

And the dream of New India 2022 can be realised.