INSIGHTS CURRENT EVENTS ANALYSIS DECEMBER- 2013 TEAM INSIGHTS DECEMBER 2013 NATIONAL IMPORTANT ARTICLES COMMUNAL VIOLENCE :: Communal Violence and preservation of National Harmony In the backdrop of India’s long history of communal violence, the country certainly needs a specific law with a strong focus on preventing clashes between the majority community and minorities and providing redressal mechanisms and compensation to the victims of such violence. The present revised draft of the Prevention of Communal Violence (Access to Justice and Reparations) Bill seeks to address some of the problems associated with communal violence in India, and put in place an institutional mechanism for redress. Why is there a need for such a law? Most of the communal clashes are engineered and sustained by chauvinist and anti-social elements in both the majority and minority communities and these clashes are different from ordinary law and order issues. It is also observed that, there are institutional bias against minorities and oppressed sections. For instance the Godhra riots which not only witnessed mass killings of a minority community, but also safeguarded many from the majority community which was involved in the heinous act. Hence a special legislation that takes into account the specific character http://insightsonindia.com INSIGHTS and circumstances of communal violence is therefore vital and unquestionable. Contentious provisions of the Bill: However, some of the provisions of the bill are too sweeping and general to address the real concerns that it intends to address. On these lines, Tamil Nadu Chief Minister has argued that many of the provisions are worded vaguely, open to wide subjective interpretation, and hence can be misused. The bill is viewed as an attempt to encroach upon the jurisdiction of the state governments’ (law and order is a State subject) as a result this would be a threat to the federal structure of India. The bill also proposes to target ‘hate propaganda’. Thus, anyone who disseminates any information “that could reasonably be construed to demonstrate an intention to promote or incite hatred” could attract the penal provisions of this law. In the absence of specific phrasing, there is scope for misuse by subordinate law enforcers. Way forward: What is actually required in preventing communal violence is ‘better policing and administrative precautions’ rather than just prosecuting people who indulge in propaganda with the intention to promote hatred. While one cannot deny the fact that India needs special legislation to deal with communal violence, the current draft bill is unlikely to serve the purpose. The failure to eliminate the contentious provisions that are Page 2 DECEMBER 2013 in any case too general and sweeping could endanger the passage of a potentially historic piece of legislation which in effect institutionalises a commitment on the part of government. An expert committee will identify the alternative capital for Telangana within 45 days of the gazette notification; a joint public service commission will be in place for the two States; In this regard, it is better that the bill is redrafted to ensure a sharper focus on the specific issues of prevention of communal violence and provide proper redressal mechanism and a wider consultation among various stakeholders including the government, political parties, police and security agencies would not only uphold the democratic principles of our country but also help in preservation of national harmony. Both States will have special status under Article 371-D of the Constitution for equitable opportunities. The Governor of Telangana will have a special responsibility for security of life, liberty and property of all those who reside in the common capital area. Both Andhra Pradesh and Telangana will get special economic packages for development of backward regions. All tax incentives will continue for the two states. TELANGANA Cabinet finally gives approval formation of ‘Telangana state’ for The Union Cabinet has finally approved a bill for the creation of a Telangana state with 10 districts, paving the way for the bifurcation of Andhra Pradesh to give birth to the country’s 29th state. The Cabinet has broadly approved most of the recommendations made by the Group of Ministers (GoM) constituted to consider the contentious issues. National-level institutions such as IITs and IIMs and an AIIMS will be set up in Andhra Pradesh to ensure that careers of students do not get affected. All educational facilities in Hyderabad will continue for another 10 years under existing system Polavaram project will be declared a national project and will be financed and executed entirely by the Centre. There will be two separate boards for Krishna and Godavari rivers. Polity related information (from Exam point of View): Some of the highlights of the bill are: Telangana will have 10 districts and the rest of Andhra Pradesh will have 13 districts; Greater Hyderabad Municipal Corporation area will remain the common capital for both states for a period not exceeding 10 years; http://insightsonindia.com INSIGHTS Procedure for forming a ‘New State’ (taking Telangana as an example) The constitutional framework for creating a new state might not have changed much since the days of the First State Reorganization Commission headed by Justice Fazal Ali, but logistical challenges and vote bank dynamics Page 3 DECEMBER 2013 have certainly made the task more complex. Before Telangana sees the light of the day, there are a host of legal and administrative challenge. The first step has to be taken by the Union Cabinet to approve the creation of India’s 29th state. The cabinet will form a Group of Ministers (GoM) to draft proposals detailing the bifurcation process which will be eventually drafted into a bill. Four-step procedure Article 3 (Article 3 of Indian Constitution addresses the topic of ‘Formation of new States and alteration of areas, boundaries or names of existing States’) provides the following procedure: Under Article 3(e) of the Constitution of India, the draft bill will be sent by the President to the legislature of the concerned state to seek its approval within a time frame “specified in the reference or within such further period as the President may allow. Since the state of Andhra Pradesh (AP) has a bicameral legislature, both the legislative assembly and the legislative council will express their views on this draft bill. However, all this is a mere formality since the President is not obliged to consider the views of the AP legislature Presidential reference is sent to State Assembly. After presidential reference, a resolution is tabled and passed in Assembly. Assembly has to pass a Bill creating the new State/States. A separate Bill has to be ratified by Parliament. Supreme Court sets aside Delhi HC verdict decriminalizing gay sex In a major setback to gay rights activists, the Supreme Court has held that homosexuality or unnatural sex between two consenting adults under Section 377 of the Indian Penal Code (IPC) is illegal and will continue to be an offence. What does Section 377 say? Each house has to pass the bill by a simple majority, which in Parliamentary parlance is defined as half the members of each of the houses ‘present and voting’. After passing muster in both houses of Parliament, the bill would go to Rashtrapati Bhavan for the President’s seal, specifying the date on which Telangana will be formed. This will be published in the respective gazettes of the Union government and the Andhra Pradesh government signifying the birth of Telangana Courtesy- http://in.news.yahoo.com/how-doyou-create-a-new-state-anyway–073415110.html http://insightsonindia.com INSIGHTS Whoever voluntarily has “carnal intercourse against the order of nature with any man, woman or animal commits an unnatural offence” and can be punished with up to life term. However, ‘Section 377, which holds same-sex relations unnatural, does not suffer from unconstitutionality’. The Delhi High Court in 2009 had ruled that Section 377 was against constitutional values and human dignity, which clearly violates the Human Right’s of an individual. Page 4 DECEMBER 2013 But the SC has argued that, the Delhi HC has relied extensively upon the judgements of other foreign countries which cannot be applied blindfolded for deciding the constitutionality of Indian law. And since LGBT (lesbians, gays, bisexuals and transgenders) community constitute only a diminutive fraction of the population, the decision does not hold water. Now, it is upto the parliament to consider the desirability and propriety of deleting section 377 of IPC from the constitution or amend it. Ruling regressive, say gay rights activists The Naz Foundation has said that, the decision has let down the constitutional vision of an equal and inclusive society and violated the fundamental tenets of the Constitution. The 2.5-million LGBT community is categorised as a high-risk group by the Department of AIDS Control, as prevalence of HIV infection among them is close to 7 % as against less than 1% in others. India has cut down HIV infections by 57% through its inclusive public health schemes. With this decision HIV infected among LGBT community may no longer access public health facilities without risking harassment or arrest. The community would also face threats and intimidation or even blackmailing. A retrograde decision: The Supreme Court’s is viewed as ‘retrograde’ as it has brought back medieval prejudice and has also curtailed liberal values and human rights. http://insightsonindia.com INSIGHTS Through its path-breaking judgment in Naz Foundation, the Delhi High Court had amended Section 377 to decriminalise consensual sex among adults irrespective of gender. The Union government too was in favour of the High Court’s view, and had left it to the Supreme Court (SC) to decide on the penal provision. The court has stepped in wherever the executive had failed and has not hesitated to read into the constitutionally enumerated fundamental rights to life and to equality an expansive set of human rights including the right to education, the right to work with dignity and the right of prisoners to humane treatment. That is all the more reason why it should not shy away from correcting a centuries-old law and an outdated mind-set that offend against basic rights and human dignity. Changes in law have come about both by legislation and through the judiciary’s constitutional interpretation. With this decision, the judicial route to bringing the law in line with fundamental human right has been closed. It is strange that a decision involving a major constitutional issue and the hard-won rights of large sections of the socially oppressed should have been decided by a two-member bench rather than by a larger Constitutional Bench. It is Parliament’s prerogative to amend Section 377 in tune with the social circumstances, declared the court in a show of restraint that is uncharacteristic of its attitude in recent times. However, the legislative route to decriminalising gay sex would seem to be problematic in this election season because Page 5 DECEMBER 2013 the issue may not be accorded priority and also because it may be difficult to forge a political agreement. If harassment by law enforcement agencies drives sections of the LGBT community underground and makes them terrified of disclosing their orientation, it would have serious public health consequences as well, particularly in the fight against AIDS. Above all, it is a test of humane values, fairness and dignity in a society. It is important that institutions of the state acknowledge the importance of these values. As India takes a step back, U.K. prepares to legalise gay marriage The Indian Supreme Court has re-criminalized gay relationships based on a colonial law that the United Kingdom has long back done away with is an irony that has not gone unnoticed in the U.K., where a much-awaited government announcement promising a spring deadline for same- sex marriages has just been made. CYBER-SECURITY:: India’s cyber security preparedness In view of its growing cyber security concerns, India has decided to challenge the U.S. government’s control over the Internet and ensure that the trio of the U.S., Russia and China does not ignore India’s concerns while developing an international regime for Internet governance. India will also push for storing all Internet data within the country, besides ensuring control and management of servers. http://insightsonindia.com INSIGHTS According to a note prepared by the SubCommittee on International Cooperation on Cyber Security (under the National Security Council Secretariat (NSCS)), the following were the concerns and issues discussed regarding cyber security challenges: The control of Internet was in the hands of the U.S. government and the key levers relating to its management was dominated by its security agencies. Just mere location of root servers in India would not serve any purpose unless India was also allowed a role in their control and management. Also it should be insisted that data of all domain names originating from India should be stored in India. Similarly, all traffic originating/landing in India should be stored in India. Notably, the key function of domain name system (DNS) management today is in the hands of the U.S. National Telecommunication and Information Administration and the Department of Commerce. Though after persistently putting pressure on companies, India has managed to get root servers installed in the country, it wants a say in management of these servers. India is also seeking a key role in policy making on Internet governance at the international level. It was also important that management and control of the DNS should be supervised by a ‘Board’ consisting of technical experts nominated by governments and India should be represented on this Board. India should seek a larger determinate role for the GAC (Government Advisory Committee) in ICANN (Internet Corporation for Assigned Names and Number) a U.S.-based non-profit organisation Page 6 DECEMBER 2013 that coordinates global Internet systems in which India should be effectively represented. India is also concerned about the proximity of the U.S., Russia and China while deciding on issue of Internet governance. There was a possibility that the U.S., Russia and China may work out an arrangement that met their concerns and this arrangement was thereafter forced upon other countries. So India needs to guard against this possibility and ensure that India’s concerns were also accommodated in whatever international regime for Internet governance that ultimately emerged. Notably, today India has the third largest Internet users in the world at over 15 crore, only after China (56 crore) and the U.S. (25 crore). India has also decided to favour a predominantly multilateral approach on issues related to Internet governance rather than multi-stakeholder approach which is mainly being advocated by the West. According to India, the very term multistakeholder was something of a ‘misnomer’. A small unrepresentative group of certain individuals, supported by vested interests, appear to have arrogated themselves the right to present certain views in discussions relating to Internet governance. It was not clear as to who they represent and whether who they claimed to represent had in fact nominated them. These persons undermine the positions of the government and were really spokespersons of certain Western interests. Cyber-attacks on the rise According to the latest report of the Indian Computer Emergency Response Team (CERTIn) under the Department of Electronics and http://insightsonindia.com INSIGHTS Information Technology there has been a major increase in attacks on Indian websites in recent months, the most vulnerable being those of critical government organisations like banking and finance, oil and gas and emergency services. The most targeted websites included those having ‘.in’ domain, which is mostly used by government ministries and departments, besides some major private organisations. Defacing of a website is an act of cyber terrorism, particularly when the target belonged to critical government infrastructure. Hackers have targeted these important websites to reduce public confidence in the security of a system and its trustworthiness for use for sensitive purposes. Mind-Mapping: What do you understand by ‘cyberterrorism’? Its impact on the economy of India? Has India taken any steps to curtail the cyber threats? Do you think cyber terrorism needs to be tackled on a larger scale (international fora)? How can this be done? What do you think is the difference between NSA snooping and Cyber terrorism? INDIA’S DIPLOMACY:: Need for change in India’s Diplomatic policy The two instances below makes us rethink on the existing diplomatic policy of India: Page 7 DECEMBER 2013 The arrest of Indian diplomat Devyani Khobragade in the United States and the other regarding the arrest of sailors in July, 2013 (and released just recently). In the later case, the two Indian sailors Sunil James and Vijayan were arrested by the Togo authorities. Reason- they had simply disembarked in Togo to report a pirate attack on their oil tanker. In an apparent instance of confusion, the Togo police charged them with the grave offence of aiding piracy. Criminal proceedings were initiated against both, and their families reliably informed that the trial would go on for an extended period of time. They were released after the Indian High Commissioner in neighbouring Ghana met the President of Togo to present their case. Given that the health of Mr. James and Mr. Vijayan had deteriorated, this diplomatic intervention by Indian and Togolese officials came not a moment too soon. Meanwhile, Mr. James’s son, all of 11 months old, died of illness earlier this month. By securing his release, the Indian government has ensured that the sailor gets to attend his son’s funeral. But it needs mention that the plight of the jailed men was taken up in earnest only after the death of Mr. James’s son came to the attention of the media and public. In this respect, a common thread runs through the arrests of Ms. Khobragade and the two sailors. Both cases indicate that Indian diplomacy has been too slow to respond to crises that were long in the making. Ms. Khobragade’s harsh treatment at the hands of U.S. authorities is a by-product of India’s inability to tackle a serious legal and humanitarian issue through diplomatic channels. http://insightsonindia.com INSIGHTS If there was a chance to negotiate a mutually accepted understanding of how U.S. visa rules and minimum wage laws would apply to domestic help employed by Indian diplomats in the country, India did not exercise it. Similarly, Mr. James and Mr. Vijayan were languishing in a Togo jail for six months before India took up their cases. The zeal with which the Ministry of External Affairs has intervened in Ms. Khobragade’s case sits uncomfortably with its lax attempts to resolve the open-and-shut case involving the sailors. India’s diplomatic establishment needs to formulate a policy that deals with the concerns of Indians abroad not just of diplomats but of sailors, businesspersons, fishermen and others. As the global and business profile of India increases, it is only natural that more Indians find themselves in legal and diplomatic crosshairs around the world. Resolving their concerns effectively while deferring to the national laws of other states should be accorded a higher priority than has been in evidence. RAILWAY SAFTEY:: Railways ‘safety’ high on alert Railway accidents in India is on the rise .Recently a three-tier air-conditioned coach of the Bangalore-Nanded Express was engulfed in flames near Anantapur (Andhra Pradesh), claiming 26 lives in the early hours of December 28.Preliminary investigation has revealed that, an electrical short circuit in the coach may be the reason behind the tragedy. Page 8 DECEMBER 2013 Fires in running trains are not new to the Indian Railways, but the unfortunate fact is that when it happens in the dead of night and that too in an enclosed air-conditioned coach, the chances of survival are bleak. Similarly, in July 2012, 47 passengers were killed when a coach of the Tamil Nadu Express caught fire near Nellore, also in Andhra Pradesh. Derailments, collisions, fire and accidents at unmanned level crossings account for the bulk of railway calamities in India. This calamity can be overcome by use of noncombustible and non-inflammable materials in railway coaches. On these lines, the Railway Ministry had decided to make the shift, and coach production units were asked to go in for fire-retardant material. But the major drawback over here is- it’s a slow process and only ‘new coaches’ could be made with them. The problem persists with the old coaches still in use. Also a major drive to check passengers carrying stoves or inflammable materials was launched, and to a certain extent this was successful. Two other major sources of fire incidents relate to overheating wheels and electrical short circuit. Several inquiries and Commission reports have pointed to gaps in safety measures and suggested follow-up action. The ‘Kakodkar committee on safety’ in 2012 had pointed to an “implementation bug” and recommended a massive Rs.1 lakh crore programme over five years to ensure complete safety on the wheels. It had also suggested an allocation of Rs.20,000 crore a year, which can also be generated by means of a safety cess on passengers. It is high time that more importance must be given to ‘safety’ of the passengers and funding the required measures. Preventive measure is anytime better than curative measures. Mind-Mapping: What are the reasons for frequent railway accidents? Suggest some measures to overcome the mishaps. What are the steps taken by the govt. in this regard? Committee’s appointed by the govt. in order to improve the working of railways (for example: karkodar committee etc.- their recommendations) Should railways be privatized? Your views. ROLE OF EMERGING ECONOMIES:: Now with advances in technology, it should be possible for the Indian Railways to detect such hazards in time to prevent a fire. Middle-income countries key to future development Smoke detectors and circuit breakers have become commonplace and can easily be installed in trains. Though fire extinguishers exist, it is seldom operational and it must be made sure that every railway station is equipped to fight fires. With Globalisation being the engine of emerging economies’(Brazil, Russia, India, China and South Africa, Mexico, Colombia etc.) growth, trade has increased exponentially, but the performance of these economies has slowed down in the last couple of years (since 2011). http://insightsonindia.com INSIGHTS Page 9 DECEMBER 2013 About 1,500 covert protectionist measures’ have been introduced by G20 members since 2008 and amid stagnant wages, high unemployment, and anaemic growth, support for globalisation has been on the decline in advanced economies. Also there has been threat to sustainability across the globe – Global greenhouse gas (GHG) emissions are now 46% higher than they were in 1990, and the International Energy Agency estimates that existing policies will result in long-term warming of between 3.6°C (38.5°F) and 5.3°C well into the zone where catastrophic climate tipping points could be triggered, potentially wiping out progress made on poverty reduction over the past 15 years. Of course, middle-income countries still face huge development challenges (with majority of poor people, illiteracy, health issues among others) If global world is thinking of eliminating poverty by 2030 (the probable headline target of the post-2015 goals), limiting global warming to 2°C, or move to more sustainable and inclusive globalisation, then there is a strong urge for a new global partnership with middle-income countries fully on board. Mind- mapping: Yet, decisive action(s) have not been taken to halt these trends due to frequent disagreements and concerns about competitiveness. Efforts to formulate new international development targets to succeed the millennium development goals (MDGs) when they expire in 2015 are emerging as a key indicator of what the future holds. Concept of ‘balance of power’ in the contemporary world. What are MDGs? Achievement of India in this regard. Bring out 3 major issues faced by the global world. What measures are taken to tackle these issues (by the developed and developing countries)? How successful have these measures been? Difference between ‘growth’ and ‘development’? Impact of globalisation on the developing countries (India in particular). Do you think post-2015 goals should be ‘universal’? Your views and suggestions. Countries across the globe have agreed at 2013 U.N. general assembly that the post-2015 goals should be universal, targeting not only the 1 billion people living in absolute poverty, but all 7 billion of the world’s inhabitants. OPEN DEFECATION :: But the reality is that, the new development agenda calls for important role of ‘middleincome’ countries, since they form the majority of the population and also they are much ‘less reliant’ on foreign assistance than they were when the MDGs were agreed upon. According to a recent report released by WHO and UNICEF, over half of the India’s population defecate in the open. This has serious consequences on the health of the http://insightsonindia.com INSIGHTS ‘Open Defecation’ a bane to the Indian society & the economy as a whole Page 10 DECEMBER 2013 individual and ‘demographic dividend’ and the future growth prospects of India. Though experts and political leaders have raised this issue and called for “more toilets than temples”, there is not much improvement in this regard. India to its record has most number of people who defecate in the open and Bihar alone has a higher rate than any other country in the world to continue this practice indicates the seriousness of this issue. Even neighbouring countries like Bangladesh, Pakistan, Nepal have done well in this regard. For instance by reducing open defecation from 32% to 4% during 1990-2011, Bangladesh has fared extremely well. The reduction has been about 50% in the case of Nepal (84 to 43%) and Pakistan (52 to 23%) during the same period( in India, the reduction is from 74% to only about 50% in 2011) the most. This practice causes diarrhoea, one of the most common communicable diseases in India and a number one killer of young children. Frequent diarrhoeal events result in under-nutrition. This is why nearly 50 % of under-five children in rural areas are stunted, wasted and underweight. Children weakened by this disease are in turn more prone to opportunistic infections such as pneumonia. A recent report released by the World Bank reveals even more dangerous consequences- it has gone beyond the physical impact of this issue and has found a link between open defecation and reduced cognitive achievements. It’s high time that the government shows more pro-activeness and creates awareness on this issue. Cabinet clears constitutional status for Judicial Appointments Commission Determined to resolve this issue, the Indian government has come up with its mission to completely eliminate this practice by 2022 and 50% of all gram panchayats by 2017. And had also taken certain measures like increasing the amount to be spent for household toilets in rural areas from Rs.4,600 to Rs.10,000 in 2012. However, it must be realised here that, financial incentives alone cannot end or drastically reduce the percentage of people continuing with this practice. If other countries have achieved it, there is no reason why India cannot do it. The need to aggressively address the issue cannot be overemphasised as open defecation affects children, especially those below five, http://insightsonindia.com INSIGHTS The Union Cabinet has given its nod for conferring constitutional status on the proposed Judicial Appointments Commission (JAC) for appointment and transfer of judges to the higher judiciary. Page 11 DECEMBER 2013 The government earlier accepted the report of the Parliamentary Standing Committee on Law and Justice, which recommended that the structure and functions of the JAC to replace the present collegium system be governed by a constitutional provision. excluding the Executive entirely in the collaborative and consultative exercise for appointment of judges. Provisions in the Constitution (120th Amendment) Bill, 2013: Because of inherent deficiencies in the collegium, as many as 275 judge posts in various High Courts are lying vacant. This has a direct bearing on the justice delivery system and thereby affecting the judiciary. The Constitution (120th Amendment) Bill, 2013, provides for the setting up of a Judicial Appointments Commission by inserting Article 124 (A) in the Constitution and amending Articles 124(2), 217(1) and 222(1). The committee had recommended that, there should be three eminent persons in the commission, instead of two as provided for in the present Bill, and at least one out of them should be an SC/ST/OBC/woman/minority, preferably by rotation. According to the proposal approved by the Cabinet, while new Article 124 A of the Constitution will define the composition of the JAC, Article 124 B will define its functions. Considering the responsibility of the JAC to select 800-odd judges to 24 High Courts, and also the fact that constitutional and other functionaries are involved at the State-level in the process of appointment, it suggested State-level commissions also. The JAC Bill seeks to set up a six-member body under the chairmanship of the Chief Justice of India for recommending names to the President of individuals with outstanding legal acumen and impeccable integrity and credibility for judgeship in the Supreme Court and the High Courts. Mind-Mapping: What is the existing system of appointment of Judges of SC & HC in India? What are the issues with the present system? How do you think JAC would solve the issue? Constitution Amendment – procedure and conditions followed? It would also recommend transfer of judges of one High Court to another. The structure and functions of the proposed commission are provided in the JAC Bill. Union Government to have powers to resolve water-sharing disputes in new States Present issues & Recommendations of the Parliamentary Panel: According to the parliamentary panel, the present process adopted by the collegium of judges is plagued with its own problem of opacity and non-accountability, besides http://insightsonindia.com INSIGHTS The Union Govt. will have the powers to decide the sharing of water resources and assets in the river basins (Krishna and Godavari) between Andhra Pradesh and proposed Telangana after the bifurcation, if Page 12 DECEMBER 2013 the two are unable to do so through a mutual agreement within specified time. If the two States, after the bifurcation, are unable to resolve sharing of utilisable water in the river basins within one year, the Centre will be empowered to take the decision unilaterally by the end of the second year. In the case of projects running in these basins, the States would get two years to arrive at the sharing formula in consultation with the Centre failing which, again the Union government would step in to do so unilaterally in the third year after creation of the State (the sharing of water resources has been one of the most contentious points in the creation of the Telangana State.) The Centre also proposed to set up a river management board. The board will be funded by the two State governments on the basis of a formula that would be decided on the benefitsharing ratios. This board would regulate the implementation of the benefit-sharing agreement struck either between the States or by the Centre either on water supply or on power generated. The board shall hold powers to regulate irrigation, water supply, hydro-power, navigation and terms of industrial use of river resources. In order to avoid any enduring battle between the two States over specific projects or critical water resources, the centre would have the veto in case dispute arises between the States on the powers of the board. Way forward: http://insightsonindia.com INSIGHTS This would provide the way to resolve ownership and benefit-sharing issues that the Centre believes could emerge in case of large, controversial and on-going projects such as the multi-purpose Polavaram irrigation project. Panel wants minimum wage linked to MGNREGA levels A committee set up by the Ministry of Rural Development to revise wages under the Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA) has come up with suggestions that would likely provide solutions to the long-standing issues relating to disparity in earnings under the scheme. Currently, MGNREGA wages are lower than the minimum wages in several States, including in Bihar, Andhra Pradesh and Kerala. The committee was constituted to ‘suggest a proper index for revising the MGNREGA wage rates every year, by protecting the wages against inflation.’ Key Recommendations: Any State which raises the minimum wages arbitrarily will have to bear the extra cost from its own resources. However, this increase will be taken into account once the base index is revised every five years. It would be better to link the wages to an established index rather than trying to create a new one. The significant issue is to link the minimum wages in States to MGNREGA wages. This will even sort out the issues between the Centre and State governments Page 13 DECEMBER 2013 While the committee is yet to finalise whether to continue with Consumer Price Index (Agricultural Labourers(AL)) or pitch for Consumer Price Index (Rural (R)), or even CPI (Rural Labourers(RL)), it has recommended that the MGNREGA wages be made equivalent to minimum wages in States. Currently, wages under the rural job scheme are indexed to the CPI (AL), which has a larger share of the food component and reflects food inflation. The other option before the committee is to index wages to CPI (R). Both CPI (AL) and CPI (RL) are estimated by the Labour Ministry and the Labour Bureau, while CPI (R) is calculated by the Central Statistical Organisation (CSO). The MGNREGA is designed to provide job guarantee for at least 100 days in rural parts of the country. Through this scheme, all the adult members (at least 18 years of age) of the any family in rural part of the country are given non-skilled work. The Mahatma Gandhi Nationwide Non-urban Career Assurance Act (MGNREGA) is an Indian job guarantee program, presented by regulation on Aug 25, 2005. The program provides a legal guarantee for one hundred days of occupation in every financial year to mature associates of any rural family willing to do public work-related inexperienced guide perform at the legal lowest salary of 120 Rs per day last year prices. Courtesy – http://www.mgnrega.co.in/ For more information on CPI index refer our ‘INSIGHTS CURRENT EVENTS Magazine (October 2013)) Minimum Wages Act The Minimum Wages Act, 1948 is an Indian legislation enacted by the Parliament of India for statutory fixing of minimum wages to be paid to skilled and unskilled labours. The Indian Constitution has defined a ‘living wage’ that is the level of income for a worker which will ensure a basic standard of living including good health, dignity, comfort, education and provide for any contingency. To know more about this, refer the below linkhttp://m.paycheck.in/main/salary/minimumwa ges MGNREGA (Mahatma Gandhi National rural employment guarantee act) http://insightsonindia.com INSIGHTS Plan to give Juvenile Justice Boards more powers to try children draws flak The Ministry of Women and Child Development’s plan to empower the Juvenile Justice Boards to try under the Indian Penal Code (IPC) children involved in heinous crimes, such as murder and rape, has come under criticism. The National Commission for Protection of Child Rights (NCPCR) has said it was not taken into confidence before the plan was drafted. And according to Child rights organizations have the plan would lead to violating the right to life, liberty and equality of children. At present, the Juvenile Justice Boards, which try children in conflict with law, can prescribe a maximum punishment of up to three years. But the draft of the proposal says children Page 14 DECEMBER 2013 aged above 16 can be tried under the IPC if they are involved in heinous crimes. This can only be done by amending the Juvenile Justice (Care and Protection of Children) Act, 2000. Significance of the proposal: The proposal is significant, given that the juvenile involved in the December 16 gang rape in New Delhi got away with a light punishment, even after the victim declared him the most gruesome among all perpetrators. According to the plan, the Juvenile Justice Boards will not hand down death and life sentences; nor will the age of the juvenile be reduced to 16 years as was planned earlier. The Juvenile Justice Boards will decide on what falls under the category of heinous crimes the gravity of the crime or repeated offences. This has been done in keeping with India’s commitment to the United Nations Convention on Child Rights (UNCRC), which defines a child as anyone aged less than 18 years. In July, 2013 the Supreme Court rejected petitions for lowering the age of juvenility from the existing 18 years. NCPCR’s argument is also on these lines that there should be no compromise on the age of a child as defined in the UNCRC, which India has ratified. The Ministry too has retaliated that it has considered this clause and there was no move to lower the age of juveniles. Earlier, the Verma Committee was constituted to recommend amendments to the criminal law so as to provide for quicker trial and http://insightsonindia.com INSIGHTS enhanced punishment for those accused of sexual assault against women. The Indian laws relating to children have evolved over several years and are the product of an extensive research and understanding of the issue, and therefore it is essential that any review of the child rights jurisprudence should take place only after an exhaustive deliberation on the pros and cons of the subject. Power Grid to launch air patrolling of networks Power Grid Corporation of India Ltd (PGCIL) is planning to introduce air-patrolling to keep a watch on some of its installations, located in remote or difficult destinations. The move will eventually help reduce power theft, tripping and unplanned outages. This would also enhance system efficiency and power trippings. The plan is to cover first the national capital region (NCR), followed by the West, the South and then the East. The public sector PGCIL is India’s largest electric power transmission company, owning and operating over 90% of India’s inter-state transmission system. The 12th Five Year Plan aims to achieve a national power grid with inter-regional power transfer capacity of approximately 65,550 MW, which would primarily include PGCIL’s transmission system. Communal violence Bill The Prevention of Communal and Targeted Violence (Access to Justice and Reparations) Page 15 DECEMBER 2013 Bill, 2011 was crafted by the National Advisory Council (NAC). The bill aims at creating a framework for preventing pogroms such as the attacks on Muslims in Gujarat in 2002, and the provision of relief for victims of such violence. It has kicked up a storm with some people criticizing it as “draconian” and “anti-Hindu” and others dismissing it as “toothless and meaningless”. Broadly, the bill targets acts that result in injury and were directed against persons because of their affiliation to any group. Such acts include sexual assault, hate propaganda, torture and organized communal violence. The bill creates a National Authority for Communal Harmony, Justice, and Reparation, charged with preventing acts of communal violence and monitoring investigations into incidents. It also covers the punishment of officials who fail to discharge their duties in an unbiased manner during outbreaks of such violence. State Govt’s argue that ‘law and order’ and ‘public order’ are State subjects, and several provisions of this Bill encroach on the federal structure of the Constitution. Courtesy – http://www.prsindia.org/media/articles-citingprs/-india-divided-over-communal-violencebill-1829/ ‘Politics’ has wrecked sports: Supreme Court The Supreme Court regretted that national game (Hockey) has fallen victim to private interest as businessmen headed these sports bodies. (India could not even qualify for the next Olympics). With regard to a petition filed by the Indian Hockey Federation (IHF) on a dispute with Hockey India (HI), it said that, sports officials were only interested in visiting foreign countries and not in promoting the game. This showed the sad state of affairs. Background: According to the Bill, only violence against a minority community is considered communal violence. Hence critics argue why not violence against the majority community should not be considered as communal. The bill’s attempt to correct institutional bias against religious and linguistic minorities has drawn fire from Hindu nationalists, who see it as evidence of the United Progressive Alliance (UPA) government’s appeasement of Muslims. The Bill is viewed as a threat to India’s communal harmony http://insightsonindia.com INSIGHTS IHF had earlier appealed to restrain HI from participating in the proceedings of 3-member committee appointed by International Hockey Federation (FIH) to find out which body controlled hockey in India. IHF’s plea for restraining HI to attend proceedings before the FIH’s 3-member committee was based on the fact that the Delhi High Court had ruled in its favour, thus making it (IHF) the sole body to represent Indian hockey in the international arena. HI had appealed against this order in apex court. Page 16 DECEMBER 2013 (IHF is similar to Board of Control for Cricket in India (BCCI), a registered society which administers the game of cricket). Union Govt. rejects demand for ILP in Meghalaya The Union Govt. has rejected the demand for introduction of Inner Line Permit (ILP) system in Meghalaya, saying the Constitution does not provide for expanding the special provision to new areas. The centre justified its stand saying that it was bound by Article 19 (d) of the Constitution, according to which an Indian citizen has the freedom to move throughout the territory of the country. Moreover the Constitution does not allow introduction of ILP in any new area. In a communication to the Meghalaya government, the Union Home Ministry has conveyed that it was bound by Article 19 (d) of the Constitution which allows any Indian citizen to move freely throughout the territory of the country. What is Inner Line Permit (ILP) system? ILP is an official travel document issued by an empowered State government to allow inward travel of an Indian citizen into a protected/restricted area for a limited period. It is obligatory for Indian citizens from outside those States to obtain permit for entering the protected State. The document is an effort by the government to regulate movement to certain areas located near the international borders. http://insightsonindia.com INSIGHTS Currently, ILP is in force in Arunachal Pradesh, Nagaland and Mizoram. Various organisations in Meghalaya have been demanding introduction of ILP claiming the demography of the State has been changed due to the unabated influx. DoT making inventory of networks for switch to IPv6 The Department of Telecommunications (DoT) has started compiling an inventory of all computer networks used by government departments, State and Central public sector undertakings and banks across Tamil Nadu for finalising a plan for transition to the next generation Internet address, IPv6 (Internet Protocol version 6). The DoT’s road map envisaged complete migration to IPv6 by 2017-end as the address capacity of IPv4 had been exhausted. What is an IP address? An IP address is like a telephone number or a street address. When you connect to the Internet, your device (computer, smartphone, tablet) is assigned an IP address, and any site you visit has an IP address. To send data from one computer to another through the web, a data packet must be transferred across the network containing the IP addresses of both devices. Without IP addresses, computers would not be able to communicate and send data to each other. It’s essential to the infrastructure of the web. Page 17 DECEMBER 2013 Courtesy http://blog.softlayer.com/2012/ipv4-v-ipv6whats-the-difference/ – IPv4 & IPv6 IPv4 stands for Internet Protocol version 4. It is the underlying technology that makes it possible for us to connect our devices to the web. Whenever a device access the Internet (whether it’s a PC, Mac, smartphone or other device), it is assigned a unique, numerical IP address such as 99.48.227.227. IPv4 would be in future replaced with IPv6 (sixth revision )since the Internet is running out of available IPv4 address space (IPv4 uses 32 bits for its Internet addresses), and IPv6 provides an exponentially larger pool of IP addresses (IPv6 utilizes 128 bit addresses) Courtesyhttp://mashable.com/2011/02/03/ipv4-ipv6guide/ Advantages of migrating to IPv6: It frees up more space for more Internet users. The other benefits include better quality of service for consumers, support for high-end applications and better security features. IPv6 is designed to allow the Internet to grow steadily, both in terms of the number of hosts connected and the total amount of data traffic transmitted Support land agreement with Bangladesh: Assam CM Assam CM Tarun Gogoi has appealed to all political parties to extend their cooperation to http://insightsonindia.com INSIGHTS ensure ratification of the land swap agreement between India and Bangladesh. The land swap agreement will help solve the long-pending boundary issues with Bangladesh and will also lead to increase in volume of trade and commerce. It would also ensure demarcation and erection of fencing on the unfenced 2.86-km stretch in the Lathitilla-Dumabari sector in Karimganj district along the border. Of the total 665 acres under adverse possession of Bangladesh, Assam would regain 397.5 acres, while Bangladesh would get 267.5 acres. So there was no question of losing any land. Courtesy- Wikipedia (image) For more information on the IndiaBangladesh Land swap deal, refer the below linkhttp://www.futuredirections.org.au/publicatio ns/indian-ocean/29-indian-ocean-swa/1315the-benefits-of-an-india-bangladesh-landboundary-agreement.html Role of NOTA in the recent State Elections ‘None of the Above (NOTA)’ is an option given to the voters for the 1st time to reject all contestants. Though there has been a difference in opinion on the impact and relevance of NOTA across Page 18 DECEMBER 2013 the political group, in the tribal areas the actual impact of NOTA could be felt. While in Chhattisgarh, 3.07% of the valid votes went to NOTA the highest among the four States in which elections were held; Delhi recorded 0.63 %. In Chhattisgarh even a marginal difference in vote share makes or mars government formation. This time, the difference is less than 0.75% between the winning BJP and the Congress. Following the trend, it would be realized that the political parties should put up acceptable candidates and avoid dubious ones; though some may disagree, as it has made less impact on the outcome of the elections. For instance Delhi recorded a meager 0.63% and in Mizoram very few exercised the choice, with figures ranging from 36 to less than 200 hits. According to a leader of a political party, “All NOTA has done is to give voters a right to exercise, which is a fundamental right; but there was neither clarity on what it meant nor its consequences. However, going through the results for every State, it is obvious that in more than 60 % of the constituencies, the third highest number of votes went to NOTA. This suggests that the option attracted those who never go to vote, possibly out of disenchantment with the system and has provided voters with an opportunity to express themselves rather than abstaining. The NOTA’s figures in the Left Wing Extremists-dominated areas of Bastar may as well be an expression of disenchantment with electoral politics, as espoused by the Maoists, as it may be an individual voter’s dislike for the candidates in fray in places like Chitrakot, where more than 10,000 voters chose the option. In the Konta constituency in Chhattisgarh, where CPI candidate Manish Kunjam secured third position, the difference of votes was just 2,100, whereas 4,000 voters chose NOTA. Interestingly, the percentage of NOTA voters was high in the tribal belts of Rajasthan, compared with urban areas. The total percentage of NOTA in the State was 1.92 %. India’s mid-day meal scheme ranked 12th among lower-middle-income countries A global report by the World Food Project (WFP) for 2013 on 169 countries has said that India has the largest school feeding programme in the world, catering to over 114 million children, but stands 12th among 35 lower-middle-income countries covering 79% of its total number of school-going children. The report “State of School Feeding Worldwide, 2013” draws from a global survey conducted by WFP in 2012. The report lauds India’s mid-day meal scheme as a ‘good example of a mixed implementation approach’ with two procurement processes Facts & Figures: http://insightsonindia.com INSIGHTS for food grains, which are subsidized Centrally through the government-owned Food Corporation of India (FCI), and for other items like fresh fruits or vegetables, procured at the State level. Page 19 DECEMBER 2013 The report notes that gross primary enrolment grew between 2001-2002 and 2007-2008 in India, following the implementation of the mid-day meal programme, particularly among Scheduled Castes and Tribes. However, the report adds an important rider – “school feeding can only help if the other major elements that are prerequisites for learning such as teachers, textbooks, curriculum and an environment conducive to learning are also in place.” It warns that care should be taken to avoid using teachers or education staff to prepare food, since this merely taxes the system that school-feeding programmes aim to enhance. The report also says that the nutritional impact of the programme is yet to be evaluated. The links with health and nutrition could be strengthened considerably by better coordination between sectors. Other weaknesses remain, such as insufficient allocation of budget for food transportation and infrastructure. Add to it, even late disbursement of government funds too has a negative impact. In a significant recommendation, the report proposes linking the programme to the agriculture sector which ‘can potentially benefit the entire community as well as the children.’ Countries like Brazil, Chile and Scotland have demonstrated the effectiveness of purchasing school food locally in order to simultaneously “feed children better and stimulate the local economy.” More about Mid-day meal Scheme: The Mid Day Meal Scheme is a multi-faceted programme of the Government of India that, http://insightsonindia.com INSIGHTS among other things, seeks to address issues of food security, lack of nutrition and access to education on a pan nation scale. It involves provision for free lunch on working days for children in Primary and Upper Primary Classes in Government, Government Aided, Local Body, Education Guarantee Scheme (EGS) and Alternate Innovative Education (AIE) Centres, Madarsa and Maqtabs supported under Sarva Shiksha Abhiyan (SSA) and National Child Labour Project (NCLP) Schools run by Ministry of Labour. The objectives of the mid-day meal scheme are: Improving the nutritional status of children in classes I-V in Government, Local Body and Government aided schools, and EGS and AIE centres. Encouraging poor children, belonging to disadvantaged sections, to attend school more regularly and help them concentrate on classroom activities. Providing nutritional support to children of primary stage in drought affected areas during summer vacation. Courtesyhttp://www.archive.india.gov.in/sectors/educat ion/index.php?id=7 & Wikipedia Military security, public interest ignored in Adarsh housing: PAC In its report on the Adarsh Cooperative Housing Society scam, the Public Accounts Committee (PAC) of the Defence Ministry has said a group of select officials holding key posts have subverted rules and regulations, Page 20 DECEMBER 2013 suppressed facts and took cover under welfare of servicemen and war widows and children in cornering prime public land in Mumbai. What does the report say? The committee, chaired by BJP leader Murli Manohar Joshi, has deplored the “cavalier manner in which the serious issue of security was overlooked to the detriment of the security installation” by the Ministry. This despite the fact that the 31-storey Adarsh building has security imperatives as per its own admission. According to the PAC, the Ministry and military authorities ignored these aspects when the building was coming up. But they had admitted before the panel that there was a security issue as the ‘Adarsh building is the tallest one and facilitated observation of military vehicles and personnel moving into and out of the Colaba Military Station. It criticised the Ministry for “non-cooperation with the audit” with a view to blocking parliamentary scrutiny. Regarding NoC (no-objection certificate) that was given to the society, the Ministry said it was issued by local defence authorities because of mismanagement of defence land, poor record keeping and lack of mutation of land already in the possession of the armed forces. The multiplicity of agencies managing defence land contributed to the maladministration, with no centralised information available on the holdings. http://insightsonindia.com INSIGHTS Terming this a ‘monumental failure at all levels of governance,’ the PAC lamented that the public servants entrusted with safeguarding the public trust had brazenly betrayed it by acting against all norms of the public interest and probity. Some ‘advertisements’ promote patriarchal set-up, finds parliamentary panel Endorsing the move to broaden the scope of the definition of the word “advertisement” to include the new forms of communication within the ambit of The Indecent Representation of Women (Prohibition) Act (IRWA), a parliamentary standing committee has taken note of regressive advertising along with the indecent portrayal of women across various media platforms. Always a much-debated issue, indecent representation of women became a subject of much concern in the wake of the December 16, 2012 gang rape incident in Delhi which shook the nation. Incidentally, the Government moved a bill to amend the IRWA three days before the gang rape. In its report on ‘The Indecent Representation of Women (Prohibition) Amendment Bill, 2012’ that seeks to widen the scope of the 1986 legislation — the Parliamentary Standing Committee on Human Resource Development (HRD) has said that, some “advertisements promoted the patriarchal set-up by assigning traditional roles to women, thereby being regressive.” Practical approach taken by the Parliamentary Standing Committee on HRD: Page 21 DECEMBER 2013 Having raised this issue, the Committee has asserted that all forms of advertisements through any medium must be regulated to curb indecent representation of women. However, it has also taken on board the apprehension of some stakeholders that “what constituted as obscenity was highly subjective and interpretation of it may lead to unnecessary harassment at the hands of the police.” In this regard, the Committee has suggested that police officers be trained properly to deal with cases of indecent representation of women so that there is no scope for subjective and personal interpretations of the term “indecent.” Further, the Bill could provide for seeking the opinion of senior police officers in such matters. Besides it being a subjective matter, the Committee also acknowledged the fact that obscenity and indecent representation of women could vary in different places or different cultural contexts. Another reality factored in by the Committee is the changing perception in society on various issues. More about Indecent Representation of Women (Prohibition) Act, 1986 (IRWA) The IRWA focuses on indecent representation of women and brings under its ambit references that are derogatory to the dignity of women. The IRWA, 1986 was enacted with the specific objective of prohibiting the indecent representation of women through advertisement, publication, writing, and painting or in any other manner. The existing Act, in its present form, covers the print media. However, over the years, http://insightsonindia.com INSIGHTS technological revolution has resulted in the development of newer forms of communication such as internet and satellite based communication, multi-media messaging, cable television etc. It has, therefore, become imperative to widen the scope of the law so as to cover such forms of media, on one hand, and to strengthen the existing safeguards to prevent indecent representation of women through any such form. Courtesy – http://pib.nic.in Critical view over the ‘Role of Media in a Democratic country like India’ Despite the proliferation of media houses in India, what is actually missing is the ‘diversity of opinion.’ The media is not living upto it’s guiding principles of journalism- “comment is free, but facts are sacred” (as told by Scott, Editor of ‘The Guardian’). Over the news being aired these days, there are concerns over commercialisation and sensationalisation, besides the growing absence of objectivity in reportage; also there was a rise of fanaticism and intolerance. However, the social media has provided some relief from the ‘stark uniformity of print and television media.’ While freedom of the press is crucial, it should be used responsibly. ‘Quality Self-regulation’ is what is required for media to act as the fourth pillar of Democracy. Speaker mentions confidence motion notice for noPage 22 DECEMBER 2013 For the second consecutive, both Houses of Parliament could not conduct proceedings as Opposition parties continued their protests on a variety of issues, even as LokSabha Speaker Meira Kumar mentioned about the notice for a “no-confidence motion” received by her. The Speaker was referring to the notices given separately by four Seemandhra Congress MPs, two MPs from the Telugu Desam Party and three from the YSR Congress for moving a “noconfidence motion” against the UPA government for its decision to carve a separate Telangana State out of Andhra Pradesh. Earlier, question hour too could not be taken up due to the disruptions. Unlike other motions which the Speaker decides whether to admit or not, it is the House which will have to approve the admissibility of a no-confidence/trust motion with at least 50 members (less than one-tenth of the total strength of the House) standing up to support it A political party leader alleged that his dissent note had been altered. Quoting Article 105 of the Constitution, he had the right to administer a note of dissent as a member of the panel. (This news is related to ‘Polity’ – Read about Article 105, No-Confidence Motion, Powers of the Speaker & Parliamentary proceedings for better understanding) Women’s reservation Bill The long-pending Bill, which seeks to provide 33% reservation for women in Parliament and the State Assemblies has been listed on the http://insightsonindia.com INSIGHTS LokSabha agenda for the ongoing session. It has already been passed by the RajyaSabha. The women’s organisations feel this is a golden opportunity to remedy the injustice meted out to women. The Bill was first introduced in 1996. Though it had been introduced in Parliament several times since then, the Bill could not be passed due to a so-called lack of political consensus. Facts & Figures: Recent elections show women’s entry into legislature is difficult without affirmative action. In Delhi, only 3 out of 70 elected members are women; situations were grim in other States too. 33.3 per cent seats in panchayat elections have already been reserved for women. In the gender-related development index (GDI) – India ranks 113th among 177countries. The average percentage of women’s representation in the Parliament, Assemblies and Council of Ministers taken together has been around 10%. (UNIFEM:2000) Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redress) Rules, 2013, notified The Women and Child Development Ministry has notified rules for prevention of harassment at workplace. Following are the guidelines: Any malicious complaint of sexual harassment by a woman will attract the same punishment a man who has been found guilty of it at the workplace suffers. Page 23 DECEMBER 2013 The Ministry has recommend that action for sexual harassment/malicious complaint would include – a written apology; warning; reprimand or censure; withholding of promotion, pay rise or increments; termination from service; or undergoing counselling or doing community service. These will apply in cases where service rules do not exist. Anyone who discloses the name or identity of the aggrieved woman or witnesses will be liable to pay a penalty of Rs 5,000. On the inquiry procedure, internal complaints committee or local complaints committee can, on a written request, grant the complainant relief during the pendency of inquiry by restraining the accused from reporting on the work performance of the aggrieved woman or writing her confidential report, and, in case of an educational institution, by restraining the respondent from supervising any academic activity of the woman. A complaint of sexual harassment can be filed by a relative or a friend, a co-worker or an officer of the National Commission for Women or the State Women’s Commission or any other person who has knowledge of the incident where the complainant is unable to do it herself because of physical incapacity. But this has to be done with her written consent. Mind-mapping: According to you what are the preventive measures to be taken in regard to sexual harassment at workplace? Also what are the measures/steps taken by the Government? http://insightsonindia.com INSIGHTS Impact that it would have on women participation at work(organized, unorganized employment) and on Women Empowerment Does the clause of punishment for malicious complaint act as a deterrent for women coming forward to give complaint? Will law alone be suffice to prevent harassment of women, if not what r the additional steps to be taken? To read: The article on ‘Judicial appointment, Rule of Law & independence of Judiciary’ (OPED page) The Constitution (120th Amendment) Bill, 2013, and the Judicial Appointments Commission Bill, 2013, seek to reform the appointment of High Court and Supreme Court judges by establishing a Judicial Appointments Commission (JAC). This significant opportunity to reform a vital part of the Indian legal system must not be lost to misconceived rhetoric about the ‘independence of the judiciary’ and the ‘rule of law’ or the mistaken view that this measure simply pushes us back into past errors. JAC that restores parity between the executive and judiciary in the judicial appointment process is constitutionally valid. Rule of law, and the independence of the judiciary, necessarily means that the judiciary must have primacy among the constitutional institutions in the judicial appointment process. To continue reading - Page 24 DECEMBER 2013 ‘Recasting the appointments debate’ http://www.thehindu.com/todays-paper/tpopinion/recasting-the-appointmentsdebate/article5454075.ece prescribes punishment for forced abortion or hysterectomy on them. Mind-Mapping: Cabinet gives nod to Disabilities Bill The Union Cabinet has approved the Rights of Persons with Disabilities Bill, a comprehensive measure that covers a whole spectrum of problems from physical disabilities to mental illness and multiple disabilities. It will replace the Persons with Disabilities (Equal Opportunity Protection of Rights and Full Participation) Act of 1995. Provisions in the Bill: The Bill provides for 5% reservation in public sector jobs and makes the private sector more accountable for creating a disabled-friendly environment. It provides incentives for the private sector to take such measures. On political participation, the proposed law says every person with disability who fulfills eligibility requirements is entitled to be registered as a voter. He/she should not be disqualified from exercising the voting right on the grounds of disability, irrespective of any stipulation to the contrary in any law for the time being in force. Any person who is unable to vote in person due to disability or because of admission to hospital for treatment is entitled to opt for postal ballot. It requires the Election Commission to ensure that all polling stations are accessible to persons with disabilities. The proposed law also allows mentally unsound women the right to fertility and http://insightsonindia.com INSIGHTS Why do we need such a Bill? What was missing in the Disability Act of 1995, which prompted for a new Bill? What are the steps taken by the Government of India (GOI) with regard to persons with disabilities? What is the role of civil society groups or citizens in this regard? How far as the government institutions or the private sectors have made their premises disabled-friendly? Also look out for examples –where disabled persons have faced embarrassment. For example: Recently a disabled woman was prevented from entering the flight (or airport) due to some security checks. Who are the other persons who have the option for ‘postal ballot’? Why is this option given? –> { P.S : Currently the winter session of the Parliament is going on, so reading “parliament’’ Chapter (Polity) will help you understanding the key-terms – ‘Vote-OnAccount’ , ‘Consolidated Fund of India’, ‘ Demands and Appropriation Bill’, ‘Question hour’ etc. } Code of Conduct for Ministers revised In order to insulate the bureaucracy from political interference, the Union Cabinet has Page 25 DECEMBER 2013 revised the Code of Conduct for Ministers (both Union and States) by adding a new provision as per which Ministers cannot force civil servants to take decisions that may be in conflict with their duties and responsibilities. The rights of citizens for time-bound delivery of Goods & Services and Redressal of their Grievances Bill, 2011 The revised Code of Conduct states that the “Minister shall uphold the political impartiality of the civil services and not ask the civil servants to act in any way which would conflict with the duties and responsibilities of the civil servants.” The Bill seeks to create a mechanism to ensure timely delivery of goods and services to citizens. The revised code will take immediate effect in the case of the Union Council of Ministers. In the case of the States and the Union Territories, the revised code will be forwarded to the Chief Ministers for adoption. Mind-Mapping: Why do we need a code of conduct for Ministers? Do we have a similar code of conduct for bureaucrats, civil society groups, media? If so how effective are these codes really? With the revision of code of conduct, how would it impact the governance of the country? Code of conduct is also related to Ethics; Significance of Code of Conduct. Advocacy on Pending Bills The National Campaign for People’s Right to Information (NCPRI) has sought the simultaneous passage of the Lokpal Bill, the Grievance Redress Bill and the Whistleblower Protection Bill, contending that these laws formed would contain inter-linked measures that constituted the much required accountability regime. http://insightsonindia.com INSIGHTS Highlights of the Bill: Every public authority is required to publish a citizens charter within six months of the commencement of the Act. The Charter will detail the goods and services to be provided and their timelines for delivery. A citizen may file a complaint regarding any grievance related to: (a) citizens charter; (b) functioning of a public authority; or (c) violation of a law, policy or scheme. The Bill requires all public authorities to appoint officers to redress grievances. Grievances are to be redressed within 30 working days. The Bill also provides for the appointment of Central and State Public Grievance Redressal Commissions. A penalty of up to Rs 50,000 may be levied upon the responsible officer or the Grievance Redressal Officer for failure to render services. Courtesyhttp://www.prsindia.org/billtrack/the-rightof-citizens-for-time-bound-delivery-of-goodsand-services-and-redressal-of-theirgrievances-bill-2011-2125/ For more information refer the below link, http://www.prsindia.org/uploads/media/Citiz en%20charter/Legislative%20Brief%20Citizens %20Charter%2027%20Sep.pdf Page 26 DECEMBER 2013 The Whistle Blowers Protection Bill, 2011 Commonly known as the Whistleblower’s Bill, it seeks to establish a mechanism to register complaints on any allegations of corruption or willful misuse of power against a public servant. The Bill also provides safeguards against victimisation of the person who makes the complaint. Highlights of the Bill: The Bill seeks to protect whistleblowers, i.e. persons making a public interest disclosure related to an act of corruption, misuse of power, or criminal offence by a public servant. Any public servant or any other person including a non-governmental organization may make such a disclosure to the Central or State Vigilance Commission. Every complaint has to include the identity of the complainant. The Vigilance Commission shall not disclose the identity of the complainant except to the head of the department if he deems it necessary. The Bill penalises any person who has disclosed the identity of the complainant. The Bill prescribes penalties for knowingly making false complaints. Courtesy – http://www.prsindia.org/billtrack/the-publicinterest-disclosure-and-protection-of-personsmaking-the-disclosures-bill-2010-1252/ For more information refer the below link, http://www.prsindia.org/uploads/media/Publi c%20Disclosure/Legislative%20Brief%20http://insightsonindia.com INSIGHTS %20Public%20Interest%20Disclosure%20Bil.p df Lokpal: institutional mechanism to curb corruption In the newly amended Lokpal Bill, the Union government has dropped the provisions relating to establishing Lok Ayuktas at the State level; instead, the States would need to put in place their own institutions within one year. A composite law may be preferable from the people’s point of view, but the concession is in compliance to the need to federalise the anti-corruption domain. Contrary to what its critics say, the bill cannot be dismissed as weak; nor can it be seriously contended that the Lokpal does not have an independent investigative mechanism. Regarding CBI: The CBI has been placed at the disposal of the Lokpal, which will have superintendence over that agency in cases under its consideration. The need for sanction from the respective governments to initiate prosecution has been waived for cases cleared by the Lokpal. The CBI Director’s appointment will be on the basis of a statutory process, and the Lokpal will have its own inquiry and prosecution wings. Way forward: The movement for such a law initiated by Anna Hazare, along with the success of the Aam Aadmi Party based on the campaign for a Lokpal, has made fresh legislation unavoidable. The development is unlikely to end the debate over the adequacy, independence and effectiveness of the antiPage 27 DECEMBER 2013 graft institution the new law will put in place, but it will certainly be a milestone in the quest for an institutional mechanism to combat corruption. The mere enactment of this Bill is not enough. The amendment to the Constitution needed to confer constitutional status to the Lokpal and Lok Ayuktas also needs to be passed. And so does the proposed law on the right of citizens to time-bound delivery of goods and services and to have their grievances redressed. Only this will fulfil the need for a strong institutional framework to curb corruption. Jurisdiction of Lokpal with respect to Prime Minister: The jurisdiction of the Lokpal will ‘include’ the Prime Minister ‘except’ on allegations of corruption relating to international relations, security, the public order, atomic energy and space and unless a Full Bench of the Lokpal and at least two-thirds of members approve an inquiry. It will be held in-camera and if the Lokpal so desires, the records of the inquiry will not be published or made available to anyone. With respect to Ministers, MP’s, Officials: Mind –Mapping: What is Corruption? Types of Corruption? Impact of corruption on the society, economy? Also link it with Ethics and Integrity; Code of conduct. What are the steps taken by the govt in order to curb corruption? Role of Civil society? What are the existing mechanisms in India to curb corruption? How effective are these mechanisms? What according to you should be really done in this regard? Suggestions from your side. Is Lokpal a panacea for all problems? Provisions of Lokpal and Lokayukta Bill, 2013 The Lokpal and Lokayukta Bill, 2013 seeks to establish the institution of Lokpal at the Centre and Lokayukta at the States which would provide a uniform vigilance and anticorruption mechanism across the country. http://insightsonindia.com INSIGHTS The Lokpal will also have jurisdiction over Ministers and MPs but not in the matter of anything said in Parliament or a vote given there. Group A, B, C or D officers defined as such under the Prevention of Corruption Act, 1988 will be covered under the Lokpal but any corruption complaint against Group A and B officers, after inquiry, will come to the Lokpal. However, in the case of Group C and D officers, the Chief Vigilance Commissioner will investigate and report to the Lokpal. If the Lokpal decides to proceed on any complaint, it can order a preliminary inquiry against any public servant by its Inquiry Wing or any agency, including the CBI, to ascertain if there is a prima facie case, and the public servant will be given an opportunity of being heard. The Lokpal will have powers of superintendence over cases referred by it to the CBI. Any officer of the CBI investigating a case referred to it by the Lokpal will not be transferred without its approval. The Centre Page 28 DECEMBER 2013 will fund the CBI investigations into the matters referred to it by the Lokpal. With regard to CBI: There will be a Directorate of Prosecution under the CBI headed by a Director. The CBI Director will be appointed by a collegium comprising the Prime Minister, the Leader of the Opposition and the Chief Justice of India. The Prosecution Director will be appointed on the recommendation of the Central Vigilance Commission (CVC) for a two-year tenure. The Bill does not provide for protection to whistle-blowers, for which a separate law shall be enacted. There will be separate laws on a Citizens’ Charter and Judicial Accountability. Mind- Mapping: Composition of Lokpal: The Bill provides for the Lokpal comprising a chairperson and a maximum of eight members, of whom 50% will be judicial members and the rest from amongst the SC, the ST, the OBCs, minorities and women. Apart from the Inquiry Wing, there will be an independent Prosecution Wing of the Lokpal. Should the Prime Minister come under the ambit of Lokpal? If no/yes, then what impact would it have? Should the CBI be made an autonomous body? What is its present status? What according to you is lacking in the present Lokpal Bill? Provide Suggestions/Solutions for the same. If the Lokpal Bill is implemented, what would be the roles of Lokpal, CVC, CBI? Do you think the lokpal is overburdened considering the fact that it inquires MPs and all the government servants from top to the lower level? Is lokpal a threat to the balance of power demarcated in our constitution? Method of Appointment/Selection, term: Changes in MGNREGA program The selection of the Lokpal will be done through a committee comprising the Prime Minister, the Speaker and the Leader of the Opposition in the Lok Sabha, the Chief Justice of India or an apex court judge nominated by him and an eminent jurist as recommended by the chairperson and members to be nominated by the President. Significant changes has been made to the governments flagship MGNREGA programme seeking to ensure permanent and durable asset creation and an introduction of a penalty for delayed wage payments. The Selection Committee will constitute a search panel of seven persons of eminence for assisting it. The term of the Lokpal will be five years or till the chairman and members turn 75. http://insightsonindia.com INSIGHTS More specifically, the changes include Rs 10,000 (earlier it was 4500) for the construction of toilets for all job card holders (APL & BPL) and assistance for buildings for women self-help federations. Addressing the persistent issue of delay in distributing wage payment to MGNREGA workers, the government has announced compensation for them if it is delayed beyond Page 29 DECEMBER 2013 15 days and the amount would be deducted from officials responsible for it. Andhra Pradesh has already started to implement this. Additionally, wage payments will be made exclusively on the basis of measurement of work done instead of solely attendance (Three objectives of NREGA. First to provide wage employment, second is to create durable community assets and third to empower gram panchayats.) Contribution of MGNREGA: In constructing houses for the poor in convergence with Indira Awas Yojana or any other state rural housing scheme, buildings for women self-help federations operating in village or block levels, community storage facilities at gram panchayat or women SHG levels for agriculture produce and centres for manufacturing building materials like bricks in gram panchayats. Future prospects: The biggest contribution of NREGA for agriculture would be if small and marginalized farmers use the scheme to improve the quality and productivity of their farmland. This could lead to a potential “agricultural revolution”. Mind-Mapping: What is the objective MGNREGA program? Has it achieved its objective? If not what are the reasons for its failure? Suggestions/ solutions to overcome such issues. What are the positive achievements of the program? Government is coming up with so many programs and schemes for the welfare of the people, there is bound to be overlap in some http://insightsonindia.com INSIGHTS of the programs. DO you think such programs should be converged? If so which are the programs that needs to converged and why? Sahastra Seema Bal: Central Paramilitary force Nearly 6,000 personnel of the central paramilitary Sahastra Seema Bal (SSB) will soon be deployed for anti-Naxal operations duties in the Left wing extremism-affected areas of the country. The SSB was withdrawn from these operations in 2011 when it used to be deployed in Chhattisgarh. Now three battalions are deployed in Bihar and Jharkhand alongside other central forces like CRPF, BSF and ITBP. More about Sahastra Seema Bal (SSB): SSB is a Border Guarding Force (BGF) under the administrative control of the Ministry of Home Affairs. SSB was set up in early 1963 in the wake of the Indo-China conflict to inculcate feelings of national belonging in the border population and develop their capabilities for resistance through a continuous process of motivation, training, development, welfare programmes and activities in the then NEFA, North Assam, North Bengal, hills of Uttar Pradesh, Himachal Pradesh, and Ladakh. The scheme was later extended to Manipur, Tripura, Rajasthan and Gujarat, Jammu and Kashmir etc. Pursuant to the recommendations of the Group of Ministers on reforming the National Security System, SSB was declared as a border guarding force and lead intelligence agency Page 30 DECEMBER 2013 (LIA) for Indo-Nepal border (January, 2001) and Indo-Bhutan border( March, 2004) Role of Sahastra Seema Bal: To promote sense of security among the people living in the border area To Prevent trans border crimes and unauthorized entries into or exit from the territory of India To prevent smuggling and other illegal activities Courtesy- http://www.ssb.nic.in More about Central Paramilitary force According to the official definition adopted in 2011, “Paramilitary Forces” refers to three organisations which assist the Indian Armed Forces particularly closely and are led by officers of the Indian Army or Indian Navy. They are: Assam Rifles ; Special Frontier Force (SFF); Indian Coast Guard; Whereas Central Reserve Police Force (CRPF) ; Border Security Force (BSF) ; Indo Tibetan Border Police Force (ITBP) ; Central Industrial Security Force (CISF) are included under Central armed police force (CAPF) are led by Director General (all of whom are IPS officers). Courtesy- Wikipedia Land Boundary Agreement Bill and its opposition The West Bengal CM has expressed strong reservation over the introduction of the Land Boundary Agreement (LBA) Bill in the Rajya http://insightsonindia.com INSIGHTS Sabha and has said that the Bill was ‘forcefully introduced’ in Parliament without consulting the States involved in the boundary demarcation. (Other stakeholders – Assam, Tripura and parts of Northeastern States) The West Bengal CM had also opposed the legislation in the past as well, stating that West Bengal would get only 7,000 acres of land and have to give away 17,000 acres of land to Bangladesh. The Constitution (One Hundred and Nineteenth Amendment) Bill 2013 would give effect to the agreement between India and Bangladesh for demarcation of the land boundary and exchange of territories between the two countries. The Leader of Opposition has said that, ‘Parliament has no jurisdiction to alter the territory of India. The territory represents sovereignty and are both a part of the basic structure of the Constitution and thus, cannot be reduced or altered by an amendment to the Constitution.’ Continuation of Agreement (LBA) Bill Land Boundary After West Bengal, it is Opposition parties in Assam who have staged a State-wide protests against the tabling of the Constitutional amendment bill in the RajyaSabha to facilitate swapping of land enclaves with Bangladesh. Whereas, enclaves in north Bengal have welcomed tabling of LBA Bill: Despite the opposition of West Bengal Chief Minister, the organisations working for the rights of residents of enclaves and local public Page 31 DECEMBER 2013 representatives have shown positive reaction towards the Bill. Reason for their support- tabling of the Bill would pave way for Parliament to debate about the enclave’s rights for the first time since Independence. There are about 51,000 people living in Stateless condition in 162 enclaves in India and Bangladesh; the enclave-dwellers have been denied basic rights of health and education. Mind-Mapping: Role of state governments in determining India’s foreign policy. Booster for Indo-Bangla ties. Other measures initiated to improve border ties between India-Bangladesh (Like teesta water sharing, Integrated Check posts, Border haats etc). RTI Act: Parliamentary Standing Committee differs with AG’s opinion The Department Related Parliamentary Standing Committee on Personnel, Public Grievances, Law and Justice has differed with the opinion of the Attorney General G.E Vahanvati over the proposed amendment to The Right to Information (RTI) Act, to exclude political parties as ‘public authorities’ and has held that the government was right in proposing the amendment. The Right to Information (Amendment) Bill, 2013 seeks to amend the Right to Information Act, 2005 order to nullify the June order of the Central Information Commission that brought six national parties under the act’s ambit. http://insightsonindia.com INSIGHTS The Attorney General of India was apprehensive that this law would not sustain the test of judicial scrutiny as it was creating a class within a class without having any consideration to the principle of intelligible differentia having reasonable nexus with objective of the Act, whereas the Law Secretary was of the view that it was quite sustainable since Parliament has legislative competence to override the CIC decision. The Committee, however, subscribes to the opinion expressed by the Law Secretary. The Attorney General has also said that, “Political Parties are foundation of democracy and need to be given sufficient protection from malicious and motivated application for which safeguards already exist under Section 8 of the Act.” The parliamentary committee maintained that the aspects of transparency in financial matters of political parties were fully covered under existing laws and mechanisms. These include direction from Election Commission to the parties asking them to submit their accounts within 90 days after general election, inspection of accounts of candidate of political party and obtaining the same from the EC on payment of nominal charges, and declaration of assets and liabilities to the Ethics Committee of House by MPs. There are apprehensions that, declaring political parties as public authority under RTI Act would hamper their smooth internal functioning as party rivals may misuse the provisions of RTI Act. To know more about ‘Political parties under RTI’s ambit, refer our “Insights Current Events Magazine, OCTOBER 2013″ Page 32 DECEMBER 2013 Green Tribunal’s powers to deal with wildlife cases challenged area cannot be sustained without maintaining crucial connecting corridor links.” The National Green Tribunal’s powers to take up cases about wildlife have been challenged. The question of the tribunal’s jurisdiction has cropped up in a petition filed by an iron ore miner in Kohlapur, Maharashtra, asking for renewing his right to mine in a piece of land the government has said is a tiger corridor. The miner who was aggrieved, approached the National Green Tribunal claiming that his mine did not fall in the tiger corridor and the process of demarcating the corridor had not been legally carried out under the Wildlife Protection Act. Government’s defence: The case pertains to a mine operating in a village that falls between the Sahyadri Tiger Reserve and Radhanagri Wildlife Sanctuary but the case could now take a greater significance, besides deciding the fate of the tract of land between the two tiger-bearing areas that the environment ministry said is a corridor used by tigers. The mine owner who applied for renewal of his lease to mine iron could not secure the forest clearance as the National Tiger Conservation Authority (NTCA), the apex body of the government in charge of tiger conservation, under the environment ministry said the lease fell in a wildlife corridor that needed protection. The NTCA said so on the basis of research conducted by the Wildlife Institute of India for demarcation of land corridors used by tigers in 2010. The Wildlife Institute of India, the government’s premier body on wildlife conservation science, had said in 2010 that, “The block (where the mining occurs) is in the crucial corridor link between the Sahyadri Tiger Reserve and the Radhanagari Wildlife Sanctuary. It is crucial for tiger movement in the Northern Western Ghat area in the State of Maharashtra. Small tiger populations in this http://insightsonindia.com INSIGHTS In the latest affidavit filed by the environment ministry in the ongoing case, the government defended its decision. But it also went a step ahead, stating that the miner, if aggrieved about the creation of the tiger corridor under the Wildlife Protection Act, can approach the “competent authority” under the Wildlife Protection Act. The green laws that the tribunal is empowered to adjudicate on does not cover the Wildlife Protection Act 1972, though the body is empowered to deal with issues pertaining to forest clearances under the Forest Conservation Act 1980, besides other regulations and legislations. More about National Green Tribunal (NGT): The National Green Tribunal has been established on 18.10.2010 under the National Green Tribunal Act 2010 for effective and expeditious disposal of cases relating to environmental protection and conservation of forests and other natural resources including enforcement of any legal right relating to environment and giving relief and compensation for damages to persons and Page 33 DECEMBER 2013 property and for matters connected therewith or incidental thereto. It is a specialized body equipped with the necessary expertise to handle environmental disputes involving multi-disciplinary issues. The Tribunal shall not be bound by the procedure laid down under the Code of Civil Procedure, 1908, but shall be guided by principles of natural justice. The Tribunal’s dedicated jurisdiction in environmental matters shall provide speedy environmental justice and help reduce the burden of litigation in the higher courts. The Tribunal is mandated to make and endeavour for disposal of applications or appeals finally within 6 months of filing of the same. Initially, the NGT is proposed to be set up at five places of sittings and will follow circuit procedure for making itself more accessible. New Delhi is the Principal Place of Sitting of the Tribunal and Bhopal, Pune, Kolkata and Chennai shall be the other four place of sitting of the Tribunal. In the backdrop of protests in Kerala, the Environment Ministry has made explicitly clear that plantations, agriculture and other routine activities in the ESA, declared under the Environment Protection Act, 1972, would not be restricted or impacted. The High Level working group headed by Planning Commission member K. Kasturirangan had declared 37% of the area of Western Ghats ESA. Under Act, only activities explicitly mentioned in the formal notification of the ESA are banned, while others are permitted by default. Guidelines (Draft Notification): The Ministry reiterated that any expansion of or new mining, quarrying and sand mining would be banned. New thermal power plants, heavily polluting industries, building and construction projects of an area 20,000 sq. metre and above, and township and area development projects between 50 ha and above or with a built-up area of 1,50,000 sq. metres would also not be allowed. Courtesy – http://www.greentribunal.gov.in/ To know more about Powers, Jurisdiction & Proceedings of the tribunal refer http://www.greentribunal.gov.in/aboutus.php?id=5 Western Ghats notification protection draft In the view of implementing the Kasturirangan report on the Western Ghats, the Environment Ministry has come up with the draft notification for the Ecologically Sensitive Areas (ESA) in six States. http://insightsonindia.com INSIGHTS All other projects that are not expressly banned under the government orders would be permitted only with the consent of gram sabhas. Only in mining would the existing projects be phased out within the next five years or at the expiry of the lease, whichever is earlier. In other cases, new projects and expansion of the existing ones and related activities would be banned. The existing projects would continue. Page 34 DECEMBER 2013 Regarding Kasturirangan, Madhav Gadgil Reports on Western Ghats related issues refer our ‘Insights Current Events Analysis Magazine’ (OCTOBER, 2013) days. Subsequently, the Centre would have been obligated to make amendments, if found necessary, and enforce the notification immediately. Mind-Mapping: The draft notification notes that in the areas listed in the annexure (comprising the ESA) “there shall be a complete ban on mining, quarrying and sand mining. All existing mines shall be phased out within five years from the date of issue of the final notification or with the expiry of the current mining lease, whichever is earlier.” What are the main objectives of Kasturirangan , Madhav Gadgil Reports? Difference between the two reports? Why was the Madhav Gadgil Committee formed? What do you mean by Ecologically Sensitive Areas (ESA) and what is the issue? What kind of activities can be taken up in these areas- ESA? Objections against the reports? Reasons for protests in Kerala? Do you think strict compliance to the reports and Environmental clearance will have an impact on development? ESA notification on Western Ghats put on hold The new Environment Minister Veerappa Moily’s decision to invite comments from six Chief Ministers on the High-Level Working Group on the Western Ghats has put the final notification of the Ecologically Sensitive Area (ESA) covering over 59,940 square km of the hills under indefinite suspension. The draft notification for declaring the ESA under the Environment (Protection) Act, 1986, would have brought to halt any new mining and other polluting industries from coming up in the natural habitats of hilly terrain in the six States. Under the regulations, the Ministry is required to receive comments from stakeholders including the State governments within 60 http://insightsonindia.com INSIGHTS No new thermal power projects and expansion of the existing plants would be allowed in the ESA. “All new ‘Red’ category of industries and expansion of existing industries shall be banned.” The Red category refers to the types of industries listed by either the Centre or States as the most polluting in nature. It also clarified that agricultural and livelihood practices in the ESA would not be altered or impacted by the notification. AAP gets the status of a State party The Election Commission (EC) recognised the AamAadmi Party (AAP) as a State party after the party fulfilled the eligibility conditions set by the EC for granting the status. The party which took part for the 1st time in the elections (Delhi) won 28 of the 70 seats securing about 30%. Conditions to get the status of ‘State Party’: According to EC rules, to get the EC’s recognition as a ‘State party’ there are 2 conditions required: Page 35 DECEMBER 2013 The State Party should secure atleast 6% of valid votes polled and the party should also win 1 seat for every 30 seats in the state. Privilege of the Status (being a State Party): Among the privileges of being a “state party” are participation in all-party meetings convened by the EC/the State/Central governments, a permanent common symbol for all their contestants, and licence to address voters through All India Radio and Doordarshan during elections. The AAP, which was allotted “broom” as the election symbol by the Commission, will now have the choice of retaining the “broom” as its permanent election symbol or it can design its own poll symbol provided it fits within the rules and regulations of the Commission. Mind – Mapping: What are the other benefits of being recognised as a state party? How is a national party recognised and what are its privileges? What are the laws that govern the parties (like representation of peoples act and its salient feature, code of conduct for parties).Some info on party finance, accountability etc. Cabinet nod for FTA in trade and services with ASEAN The Cabinet has approved a free trade agreement (FTA) in trade and services with the Association of Southeast Asian Nations (ASEAN). http://insightsonindia.com INSIGHTS The Agreement on Trade in Services is to be signed under the Comprehensive Economic Cooperation (CECA) between India and the ASEAN. The CECA between India and ASEAN was signed in 2003. The Cabinet had approved the Agreement on Trade Goods under the CECA with the ASEAN in 2009. The FTA (approved recently- December, 2013) in trade and services is aimed at boosting the movement of Indian professionals in the 10nation ASEAN. It would protect, promote and increase foreign investment flows into the country and would also remove trade barriers for the free movement of Goods and Services. However, some critics pointed out that, FTAs were signed recklessly harming considerably the domestic industry, especially the manufacturing sector. To know more ASEAN, CEPA, CECA refer our ‘Insights Current Events Analysis Magazine’ (NOVEMBER, 2013) Mind – Mapping: Positive and negative impact of FTAs on various sectors. India’s FTAs with other countries especially neighbourhood. Potential of ASEAN as a growth engine and its contribution to Indian growth in terms of connectivity, economic growth, infrastructure, people-people contact(social impact on demography) and its effects on national policies etc. Union Govt. moves apex court for review of Section 377 ruling Recently the Supreme Court (SC) had upheld Section 377 of the Indian Penal Code (IPC), Page 36 DECEMBER 2013 according to which homosexuality or unnatural sex between two consenting adults is illegal and an offence. With regard to this the Union Govt has moved the apex court seeking a review of its ruling. Union Govt’s view: According to the Union Govt., the SC’s ruling is contrary to the principles of equality and liberty which is mentioned under Articles 14, 15 and 21 of the Constitution. Moreover, Section 377 which criminalises intercourse ‘against the order of nature’ is a reflection of outdated law of the United Kingdom which was transplanted into India in 1860. But now with passage of time it has become arbitrary and unreasonable. Also the SC’s observation that only a miniscule had been penalised so far under the law was ‘irrelevant when it comes to deciding an issue of constitutionality.’ The Centre had filed a review petition inorder to avoid a grave miscarriage of justice to thousands of LGBT [lesbian gay, bisexual and transgender] persons, who have been aggrieved by the order and have been put at risk of prosecution and harassment, upon recriminalisation of their sexual identities. Following the High Court judgment that decriminalised, adult consensual sexual acts in private, including homosexual acts, a considerable number of LGBT persons had come out in open about their sexual orientation and identity in their families, and at workplaces, educational institutions and public spaces. All these people would now suddenly become vulnerable to abuse and discrimination and require immediate relief. http://insightsonindia.com INSIGHTS MPs paid well, but show less productivity: citizens’ report According to the recent report of the National Social Watch’s “Citizens’ Report on Governance and Development 2013” India’s parliamentarians are one of the best paid legislators across the world but they lag when it comes to performing legislative business. In terms of absolute amount, the value of Indian MPs’ pay and perks is higher than their counterparts in Singapore, Japan and Italy. It is four and a half times higher than that of Pakistan; and is about 68 times higher than the per capita income of the country. A threefold rise in the basic salary, on August 20, 2010 was protested against by many MPs, who described this ‘low’ hike as an insult to the country’s legislators. Highlighting the low productivity of parliamentarians, the report points out that the nine sessions during 2010-12 saw the Lok Sabha working for an average of less than four hours of work a day during its 227 sittings in 852 hours, which is less than two-thirds of scheduled six hours per day. In the process, about 577 hours have been lost in disruptions and forced adjournments. In 2010, the government had hiked the pay packet of an MP from Rs. 56,000 to Rs.1.40 lakh a month. The salary component was raised from Rs.16,000 a month to Rs.50,000, constituency allowance from Rs. 20,000 to Rs. 45,000, and office allowance from Rs. 20,000 to Rs. 45,000. In terms of the ratio of the pay package to national per capita income, India ranks second after Kenya and pays almost double than the Page 37 DECEMBER 2013 U.S. Political parties work less in Parliament to perform their designated functions as people’s representatives and legislators. Highlighting another interesting point, the study says Rs. 5,799.3 crore and Rs.9 ,963.9 crore was allocated for about 2.5-lakh local governing bodies in 2010-11 and 2011-12 respectively, which looks meagre compared to about Rs. 4,000 crore per annum allotted to about 800 MPs under the local area development programme. Mind- Mapping: Though the government has hiked the pay packet of the MP’s, what do you think are the reasons for low productivity? Suggest remedial measures for the same. Do you think the quality of the debates happening is detiorating? What are the reasons behind it? Significance of Article 105. What are its merits and demerits? Poorna Shakti Kendras to empower rural women To ensure the socio-economic development of women in rural areas, the National Mission for Empowerment of Women is promoting a model intervention project. The project is launched across 21 districts nationwide. The women’s centre- Poorna Shakti Kendra, established in villages would offer services to women at the grassroots. The motto of the Kendra is “hum sunenge nari ki baat” (we will listen to women’s voices), where two women coordinators or Gram Samanvayaks in each Kendra will help women get pensions and voter identity and Aadhaar cards. http://insightsonindia.com INSIGHTS One of the important elements of the project is the stress on processes instrumental in bringing about women’s empowerment through convergence strategies on the ground. Similarly, to encourage universal social mobilisation through self-help groups under the National Rural Livelihoods Mission (NRLM), attention is being paid to women’s empowerment. The NRLM proposes to ensure universal financial inclusion by facilitating opening of savings accounts by all SHGs, while encouraging their thrift and credit activities and other financial services. Under the NRLM, there shall be one rural self-employment training institute in each district. Each will train at least 750 candidates of the below poverty level (BPL) category. More about National Rural Livelihoods Mission (NRLM): Aajeevika – National Rural Livelihoods Mission (NRLM) was launched by the Ministry of Rural Development (MoRD), Government of India in June 2011. Aided in part through investment support by the World Bank, the Mission aims at creating efficient and effective institutional platforms of the rural poor enabling them to increase household income through sustainable livelihood enhancements and improved access to financial services. NRLM implementation is in a Mission Mode. This enables shift from the present allocation based strategy to a demand driven strategy enabling the states to formulate their own livelihoodsbased poverty reduction action plans, Page 38 DECEMBER 2013 focus on targets, outcomes and time bound delivery, continuous capacity building, imparting requisite skills and creating linkages with livelihoods opportunities for the poor, including those emerging in the organized sector, and monitoring against targets of poverty outcomes. As NRLM follows a demand driven strategy, the States have the flexibility to develop their livelihoods-based perspective plans and annual action plans for poverty reduction. The overall plans would be within the allocation for the state based on inter-se poverty ratios. Mahadayi water dispute: Karnataka & Goa The Mahadayi Water Disputes Tribunal adjudicates the water dispute among the States of Goa and Karnataka. A 13-member tribunal team, headed by the former Supreme Court judge J.M. Panchal, had toured the northern areas of the Karnataka from December 18 to 22 (2013). Karnataka has decided to construct the Kalasa-Banduri Nala project which envisages diversion of 7.56 tmcft of water to the Malaprabha dam by constructing dams across the Kalasa and the Banduri nalas and diversion canals to provide drinking water to towns and villages in Belgaum, Dharwad, Bagalkot and Gadag districts. NRLM Mission “To reduce poverty by enabling the poor households to access gainful self-employment and skilled wage employment opportunities, resulting in appreciable improvement in their livelihoods on a sustainable basis, through building strong grassroots institutions of the poor.” Mind-Mapping: What do you understand by ‘women empowerment’? What are the steps taken by the Govt of India in order to empower women? What are the issues? Your suggestions. Role of self-help group in empowering women? Courtesy – http://aajeevika.gov.in http://aajeevika.gov.in/images/mission.png (image) http://insightsonindia.com INSIGHTS The Goa government is opposed to the project. Mind-Mapping: Functions of Water Disputes Tribunals? Are the tribunals solving the problems faced by the neighbouring states? If not, what should be the remedial action taken in this regard? Disputes between the riparian states on sharing of river waters in post-Independence India are becoming increasing complex. Objectively analyze the major disputes in this connection, with special reference to the southern states. (2010 UPSC question) Half of Odisha’s iron ore mines lack clearance: Shah Commission According to the Justice M.B. Shah Commission report on illegal iron and manganese ore mining – 94 of the 192 iron ore mining leases in Odisha do not have the Page 39 DECEMBER 2013 mandatory environmental clearances. And of the 96 that did have them, 75 have mined far beyond their permitted levels over the past several years. To know more Shah Commission refer our ‘Insights Current Events Analysis Magazine’ (OCTOBER, 2013) Mind-mapping: The report reveals that, how the mines have continued to use a loophole in the law for years and atrociously violated environmental and other norms to pump out iron at a time when international prices of the metal are booming. The mining leases operated close to wildlife areas without adequate protection to wildlife. The mandatory forest clearances had not been obtained in several cases. Water bodies in and around the mines had been polluted. Water had depleted in natural streams in some cases and forestlands impacted adversely in several. Impact of illegal mining on the environment, wildlife and economy of India (also on the health of the people). What are the measures taken by the govt in this regard? Amid a number of rules & regulations and laws formulated by the govt. there have been frequent violations. What do you think is the reason behind it? How can this be rectified? (link this with Goa, Karnataka mining scam) Why was Shah Commission set up? A mining project within 10 kilometre vicinity of a protected wildlife area requires mandatory clearance from the National Board of Wildlife, which too was not obtained in several cases. According to the Shah Commission both the Central government authorities and the Odisha government were responsible for the blatant and wide-ranging illegal mining that have continued unchecked for years. It has recommended that the entire extraction in all cases where leases operated without mandatory environmental clearances be treated as illegal and the market value domestic or export recovered from defaulting miners. Courtesy – Hindu Newspaper http://insightsonindia.com INSIGHTS National Sample (NSSO) Survey Survey Organisation One-eighth of India’s urban population lives in slums: NSSO According to the latest round of the National Sample Survey – just under 9 million households, or roughly one-eighth of India’s urban population, lives in a slum. The number Page 40 DECEMBER 2013 is significantly lower than the 14 million slum households identified by the Census in 2011 NSSO, like the Census, has taken into account both slums notified as such by the State government or the local body, and nonnotified slums. The NSSO definition of a nonnotified slum was slightly more generous than that of the Census; any crowded settlement with poor sanitation and at least 20 households was considered a slum by the NSSO, while the Census required at least 6070 households. Maharashtra accounted for 23% of the total slum population according to the NSSO, followed by Andhra Pradesh and West Bengal. Over half of the slum population lived in 53 million-plus cities. Residents of Jharkhand had to spend the longest time in fetching water 40 minutes in both rural and urban areas. Maternal mortality ratio comes down to 178 India inches closer to achieving millennium development goal of Maternal Mortality Ratio (MMR) 109 by year 2015. According to the recent data, released by the Registrar-General of India, the MMR (number of women who die of pregnancy-related causes per 1,00,000 live births) has come down to 178 from 212, an annual decline of 5.7%. Survey finds better levels of access to drinking water While Kerala has the lowest MMR at 66 as against 81 in 2007-2009 Sample Registration Survey figures, Assam tops the list in absolute numbers with 328 deaths per 1,00,000 live births, though the number has declined by 5.6 per cent from the previous figure of 390. New data on the status of drinking water and sanitation released by NSSO i.e., the 69th round of the National Sample Survey has found significantly better levels of access to drinking water and toilets compared to 2011 census. Tamil Nadu, which was at the second position in the last survey reporting only 97 deaths, has slipped to the third position with 90 deaths due to the better performance of Maharashtra, where the number of pregnancy-related deaths has come down to 87 from 104. Over 46% of households in rural India and 77% of households in urban India had drinking water sources within their premises. Compared to the 2011 Census data which had just 35% of rural households and 71% of urban households had drinking water within the premises. The eight Empowered Action Group (EAG) States (Rajasthan, Bihar/Jharkhand, U.P, Madhya Pradesh, Chahatisgarh etc), which traditionally had very bad health indicators, have shown remarkable achievements. Among households in which people had to leave the house to get water, rural population had to spend 20 minutes on average, while for urban households, it took 15 minutes. http://insightsonindia.com INSIGHTS The star performers in that order are Rajasthan, West Bengal, Uttar Pradesh, Kerala, Karnataka and Andhra Pradesh. The lowest decline is in Haryana, Tamil Nadu, Orissa and Punjab. Page 41 DECEMBER 2013 The Centre has launched several schemes under the NRHM for improving reproductive and child health, including Janani shishu Suraksha Karyakram, free transportation and focussing on adolescent health, whose full impact would be known only in the coming years. States have also taken measures to save mothers and infants. Entitlements for Sick newborns till 30 days after birth similarly include Free treatment, Free drugs and consumables, Free diagnostics, Free provision of blood, Exemption from user charges, Free Transport from Home to Health Institutions, Free Transport between facilities in case of referral and Free drop Back from Institutions to home. In Bihar, the government has provided caesarean facilities at 60 places which have helped save lives. Early detection of complications, provision of ambulances, enlarging the pool of anaesthetists by training MBBS doctors and providing good residential facilities for doctors have vastly improved the situation in the State. JSSK supplements the cash assistance given to a pregnant woman under Janani Suraksha Yojana and is aimed at mitigating the burden of out of pocket expenses incurred by pregnant women and sick newborns. More about Janani –Shishu Suraksha Karyakram (JSSK), 2011 JSSK would provide completely free and cashless services to pregnant women including normal deliveries and caesarean operations and sick new born (up to 30 days after birth) in Government health institutions in both rural and urban areas. The Free Entitlements under JSSK would include: Free and Cashless Delivery, Free C-Section, Free treatment of sick-new-born up to 30 days, Exemption from User Charges, Free Drugs and Consumables, Free Diagnostics, Free Diet during stay in the health institutions – 3 days in case of normal delivery and 7 days in case of caesarean section, Free Provision of Blood, Free Transport from Home to Health Institutions, Free Transport between facilities in case of referral as also Drop Back from Institutions to home after 48hrs stay. Free http://insightsonindia.com INSIGHTS Besides it would be a major factor in enhancing access to public health institutions and help bring down the Maternal Mortality and Infant mortality rates. Presently it is noted that, out of pocket expenses and user charges for transport, admission, diagnostic tests, medicines and consumables, caesarean operation are being incurred by pregnant women and their families even in the case of institutional deliveries. Courtesy – pib.nic.in To know more about NRHM refer our ‘Insights Current Events Analysis Magazine’ (NOVEMBER, 2013) National Commission for Women for a separate law to protect trafficked women Concerned at feminisation of migration, which has often resulted in women being trafficked and becoming vulnerable to harm, including abuse at work, poor living conditions and health risks, the National Commission for Page 42 DECEMBER 2013 Women (NCW) has recommended special laws to protect them. missing women be linked with investigations into trafficking. The panel has also demanded a national policy for domestic workers, and asked the Ministry of Women and Child Development to formulate a draft integrated plan of action to combat trafficking in women and children. The NCW has recommended the Labour Ministry to draft legislation for the regulation of domestic work with a gender component and formulate a national policy for domestic workers, it says it should include a provision to inform domestic workers of their terms of employment in an appropriate, verifiable and easily understandable manner and, preferably, where possible, through written contracts in vernacular language. Taking ‘suo motu’ cognisance of media reports of women being trafficked for forced labour, the NCW has recommended that the Ministry of Home Affairs draft a special law to prevent, suppress and punish trafficking in persons, especially women and children. The special law should include the definition of trafficking as per Article 3 of United Nations Convention 2000 and its Protocol, to include the term “abuse of position of vulnerability” (which is missing in Section 370 of the Indian Penal Code). Trafficking in persons should mean the recruitment, transportation, transfer, harbouring or receipt of persons, by means of threat or use of force or other forms of coercion, fraud, deception and abuse of power of position or even receiving or giving payments to achieve the consent of the person, resulting in exploitation. Some other forms of exploitation are sexual exploitation, forced labour or services, slavery or similar practices, servitude or the removal of organs. This should be extended to offences committed outside India and women should be given provision for security and control of documents in order to ensure that travel or identity documents issued, especially to women, cannot be easily misused, readily falsified or unlawfully altered, replicated or issued. The NCW has suggested that cases of http://insightsonindia.com INSIGHTS Pointing out that the fundamental right to freedom of movement is a woman’s right which must be distinguished from trafficking, which is coercive and violent. A frequently used method of deception by traffickers is luring vulnerable girls on the promise of ‘lucrative jobs’. According to the Commission, women migrate for multiple reasons, including displacement and dispossession, search for sustainable livelihoods, naxal activity, more fulfilling opportunities or an aspiration for a better life. Prevention of trafficking in women requires not only examining the factors that contribute to the problem but also providing awareness among potential victims in order to reduce the traffickers abusing their position of vulnerability, suggesting that the need was to identify women who were at the risk of being trafficked, and provide them with the necessary tools to find work without putting them at risk. Delimitation will be over in time: Election Commission Page 43 DECEMBER 2013 On the orders of the Supreme Court (SC), to change the status of some Lok Sabha/Assembly constituencies from the general category to reserved seats for SCs/STs and vice versa, the Delimitation Commission has started working on it in Uttar Pradesh. Readjustment of reserved constituencies would be based on the notification issued by the Registrar- General of Census, with 2001 population figures as the base. Though this was an all-India exercise, there would’nt be large changes, since dereservation of constituencies and vice versa was being carried out only in places where there were significant changes in the SC/ST population or inclusion of new castes under the SC/ST. However, as already decided by the Delimitation Commission, there would be no changes in the geographical limits/boundaries of the Lok Sabha/Assembly constituencies till 2026. Recently (a few months ago), the Law Ministry had issued a notification empowering the EC to do the duties of the Delimitation Commission so as to determine the change in composition of any constituency where the government had included in or excluded any caste from the SC/ST category between 2001 and 2012. (Earlier, the EC did not have the powers to alter the reserved seats and it could be done only through a nationwide delimitation exercise.) With this, the EC can carry out a limited corrective exercise immediately rather than waiting for decades for the outcome of the next delimitation exercise to decide whether a http://insightsonindia.com INSIGHTS particular constituency should be reserved for SC/ST candidates or thrown open for the general category. More about Delimitation Commission: Delimitation literally means the act or process of fixing limits or boundaries of territorial constituencies in a country or a province having a legislative body. The job of delimitation is assigned to a high power body. Such a body is known as Delimitation Commission or a Boundary Commission. In India, such Delimitation Commissions have been constituted 4 times in 1952 under the Delimitation Commission Act, 1952, in 1963 under Delimitation Commission Act, 1962, in 1973 under Delimitation Act, 1972 and in 2002 under Delimitation Act, 2002. Under Article 82 of the Constitution, the Parliament by law enacts a Delimitation Act after every census. After coming into force commencement of the Act, the Central Government constitutes a Delimitation Commission. This Delimitation Commission demarcates the boundaries of the Parliamentary Constituencies as per provisions of the Delimitation Act. The present delimitation of constituencies has been done on the basis of 2001 census figures under the provisions of Delimitation Act, 2002. Notwithstanding the above, the Constitution of India was specifically amended in 2002 not to have delimitation of constituencies till the first census after 2026. Thus, the present Constituencies carved out on the basis of 2001 census shall continue to be in operation till the first census after 2026. Page 44 DECEMBER 2013 Courtesy – http://eci.nic.in Armed forces use disability programme to reach out in border areas The Mission Ability beyond Disability, launched in 2005 by Anupama Singh, an accomplished painter, socialite and wife of former Army Chief General J. J. Singh, is being used by the armed forces to reach out to persons with disability (PwD) in far flung border districts of the country. As part of the mission, camps have been organised for distributing various devices to PwD in Kargil, the border regions of Jammu and Kashmir, Tamenglong in Manipur, and Tawang, Seppa and Zero in Arunachal Pradesh. The mission has also held a camp at the remote Little Andaman Island. Government develops strategy to create social capital The government has developed an intensive strategy to ensure social inclusion through participatory identification of the poor and universal social mobilisation. The National Rural Livelihoods Project (NRLP) is to support implementation of the National Rural Livelihoods Mission (NRLM) in 12 high poverty States that account for 85% of the rural poor in the country. The aim is to create best practice sites and to develop them as local immersion locations that generate a pool of social capital for catalysing social mobilisation of the poor and building quality institutions. The Rural Development Ministry has been facilitating 400 intensive blocks across the http://insightsonindia.com INSIGHTS country under the NRLM Framework, out of which 100 blocks would be developed as resource blocks. The blocks that are taken up for implementation of the NRLM will be called ‘intensive blocks.’ In all 73 resource blocks are proposed to be implemented in the NRLP States for five years. According to official data, there are already a total of 47 resource blocks cutting across States including Chhattisgarh, Maharashtra, Jharkhand, Madhya Pradesh, Rajasthan, Jammu and Kashmir and Haryana, covering nearly 2,000 villages. In these States nearly 13,000 Self-Help Groups have been supported. The strategy aims to cover a significant 5 lakhs BPL households. Significance of Resource Blocks: The resource block strategy will cover a whole range of activities, including a trained professional staff at district, block and subblock levels. The strategy also entails promotion of institutions of the poor SHGs and their primary federations which ultimately will create and strengthen a large base of social capital or community professionals. Also, resource blocks ensure proof of concept and home-grown models in social mobilisation and institutional building, financial inclusion, bookkeeping and livelihoods. These resource pockets would create efficient and effective institutional platforms of the rural poor enabling them to increase household incomes through sustainable livelihood enhancements and improved access to financial and selected public services. Page 45 DECEMBER 2013 The poor would be facilitated to achieve increased access to their rights, entitlements and public services, diversified risk and better social indicators of empowerment. To know more NRHM refer our ‘Insights Current Events Analysis Magazine’ (NOVEMBER, 2013) Judicial Commission of Inquiry to probe into ‘snoopgate’ The Centre Govt. has setup ‘judicial Commission of Inquiry’ to investigate charges of spying by the Gujarat government on a young woman in 2009(which is known as ‘snoopgate’). The report is expected to be submitted within three months. The Centre has rejected the Gujarat government’s contention that under the Commission of Inquiry Act, the Centre or the State government cannot appoint an inquiry commission into a matter on which one of the two governments has already set up such a panel – in this case the State government (Gujarat) has already set up a commission. However, Section 3 provides for the Centre to appoint a commission if it is of the opinion that the scope of the inquiry should be extended to two or more States. Background: Snoopgate broke over a month ago when two news portals released CDs of purported telephonic conversations, purportedly between August and September 2009, between the then Gujarat Home Minister Amit Shah and two State police officers relating to surveillance of a woman architect. Mr. Modi’s name does not occur in the http://insightsonindia.com INSIGHTS conversations but there is reference to a “sahib” that the portals say is the Gujarat CM, at whose instance the snooping was done. Guidelines soon to regulate campaign in social media As social media has emerged as a powerful medium for political campaign, the Election Commission (EC) has proposed to evolve guidelines for regulating it during the forthcoming Lok Sabha election. The emphasis was on the need for preventing ‘sectarian campaign and campaign based on caste and religion’. Also, if an individual campaigns for a candidate through social media it should not be added to expenses of the candidate. Mind-mapping Do you think Social media is a tool for Political empowerment? If so why and how? Should the Social media be regulated (not only from election point of view, but consider other aspects- on the economy, society, cultural values, religious sentiments..)? Impact of Social media on the society. More tribes demand formation of council on line of Lepchas With the formation of the Lepcha Development Board by the West Bengal government, there has been a demand for formation of a council on similar lines by other tribes in Darjeeling Hills. They demanded a separate Limbu Tribal Development Council and inclusion of Limbu language in the schools of West Bengal. Page 46 DECEMBER 2013 Related Information: Lepcha is a Tibeto-Burman language spoken in Sikkim, Darjeeling district in West Bengal in India, and in Nepal, and in several villages of Samtsi district in Bhutan. The tribal homeland of the Lepcha people is referred to as ‘hidden paradise’ or ‘land of eternal purity’. Most of the areas in which Lepcha is spoken today were once Sikkimese territory. The Lepcha are believed to be the aboriginal inhabitants of Sikkim. Today the Lepcha people constitute a minority of the population of modern Sikkim. Courtesy – http://www.lepcha.info/ Mind-Mapping: Why was Lepcha Development Board formed? Why are other tribes of West Bengal demanding for a similar board? What are the issues/problems that tribal people face? Also relate to the recent issue with the tribes of Andaman & Nicobar Islands. What are the provisions available in the Constitution of India, inorder to protect or safeguard the interests of the tribal people? Significance of PESA Act in this regard? Hornbill fete ends on a colourful note Hornbill Festival, the biggest indigenous festival and the annual tourism promotional event of the Nagaland government, came to a colourful end with 17 Naga tribes performing the “Unity Dance”. The 10-day-long festival at the Naga Heritage Village, around 12 km south of the State capital, saw about two lakh visitors, including http://insightsonindia.com INSIGHTS foreign, domestic and local tourists witnessing the performances of the tribes. Significance of the Hornbill Festival: The Hornbill Festival is held in the first week of December every year, to encourage intertribal interaction and to promote the cultural richness of Nagaland. It is the coming together of all the elements that make up the total Nagaland. The Hornbill festival is a collaborative celebration of all Naga tribes at one venue and has been coined as “Festival of Festivals”. The Festival is a tribute to the great “Hornbill” which is the most admired and revered bird for the Nagas, for its qualities of alertness and grandeur. The Majestic bird is closely identified with the social and cultural life of the Nagas, as reflected in various tribal folklores, dances and songs. The awe and admiration for the bird is symbolically displayed on almost all tribal traditional headgears worn during the festival and is indicative of the commonness of the Nagas. The Hornbill Festival of Nagaland is a cultural extravaganza to revive, protect and preserve the richness and uniqueness of the Naga heritage, while for the visitors to this event, its is a means for comprehensive understanding of the Naga People, their land and culture. Since 2007, International cultural troupes have been taking part in it and it is slowly turning out to be an international event. Courtesyhttp://hornbill.tourismnagaland.com/hornbill. html Page 47 DECEMBER 2013 Anti-Superstition Bill Maharashtra Council passed in The Maharashtra State Council has passed the Maharashtra Prevention and Eradication of Human Sacrifice and other Inhuman, Evil and Aghori Practices and Black Magic Bill, commonly known as the Anti-Superstition Bill. IIMC to become institute of national importance The government has decided to upgrade the 48-year-old Indian Institute of Mass Communication (IIMC) to a degree-awarding ‘Institute of National Importance’. Significance: These institutes will be able to design, develop and offer programs which they consider relevant and appropriate for the national needs. After the upgrade, IIMC would award degrees, in addition to postgraduate diplomas it was now offering. The institute would also be able to award M.Phil and PhD degrees and carry out research to enhance its role as a think tank on communication and media as was originally envisaged by representatives of UNESCO and renowned mass communication specialists from India and abroad. HEALTH Positive signals in Indian research on HIV vaccine http://insightsonindia.com INSIGHTS Indian researchers have claimed that they have got some positive early leads for developing a vaccine that will prevent people contracting human immunodeficiency virus (HIV). A preliminary screening showed four ‘neutralising antibodies’ that can block HIV. Studies are on to ascertain whether any one of these or a combination of these can be used as a vaccine to protect against the Indian HIV subtype, Clade-C. The developments have taken place in the past three months, raising hopes of developing at least a therapeutic, if not preventive, vaccine. The researchers believe that, a world without AIDS now looks a possibility. The isolation of the antibodies has led to establishment of a global project ‘Protocol G,’ and in India it was taken up by the Translational Health Science and Technology Institute (THSTI). Vaccines prevent nearly three million deaths every year from infectious diseases, avert disease morbidity and enable more rapid economic and social development. Tuberculosis, HIV and malaria are the major diseases for which preventive vaccines are not available. Despite global efforts, the scientific community is nowhere close to developing a vaccine to prevent HIV infection because HIV isolates are highly variable. There is lack of an ideal animal model for HIV to screen vaccines. HIV infects, suppresses and destroys key cells of the immune system. Importantly, natural immunity to HIV fails to completely control infection. Page 48 DECEMBER 2013 Food Safety and Standards Authority of India (FSSAI): { This is regard to “Indigenization of technology” (GS –III) } FSSAI was established under Food Safety and Standards Act, 2006 which consolidates various acts & orders that have hitherto handled food related issues in various Ministries and Departments. Indigenous device that can detect early cervical cancer launched FSSAI has been created for laying down science based standards for articles of food and to regulate their manufacture, storage, distribution, sale and import to ensure availability of safe and wholesome food for human consumption. The Act aims to establish a single reference point for all matters relating to food safety and standards, by moving from multi- level, multidepartmental control to a single line of command. To this effect, the Act establishes an independent statutory Authority – the Food Safety and Standards Authority of India with head office at Delhi. Food Safety and Standards Authority of India (FSSAI) and the State Food Safety Authorities shall enforce various provisions of the Act. Courtesy- http://www.fssai.gov.in Mind-Mapping: Significance of Food Safety and Standards Authority of India (FSSAI). Why is such an Act needed? What impact does the Food Safety and Standards Act has on the society and economy of India? (Also link this to malnutrition). The Union Health and Family Welfare Ministry has launched an indigenous device that can detect early cervical cancer and be used even by healthcare workers with basic training. AV Magnivisualizer, which was developed by the Institute of Cytology and Preventive Oncology under the Indian Council of Medical Research (ICMR), has 95% accuracy for detecting pre-cancerous lesions. Randomised clinical control trials have confirmed its efficacy in reducing incidence and mortality. It would also be available in remote rural areas. This is a user-friendly device which costs about Rs 10,000 as against the present devices which cost between Rs 8 lakh and Rs. 10 lakh and are beyond the reach of most people. The device can be operated on a 12- volt battery in rural and semi-urban areas where electric supply is not regular. Now, the ICMR is initiating studies to assess its applicability even for oral pre-cancerous and cancerous lesions. In the initial phase, the device would be available in the Community Health Centres (CHC); in the next phase it would be made available in the Primary Health Centres (PHC), where cervical cancer cases go undetected. Cervical cancer is the most common malignancy among Indian women, particularly http://insightsonindia.com INSIGHTS Page 49 DECEMBER 2013 those who marry early. Current estimates indicate that approximately 1.32 lakh new cases are diagnosed and 74,000 deaths occur annually in India, accounting for nearly onethird of global cervical cancer deaths. Cervical cancer takes about a decade to fully develop and is often detected when it has spread substantially. It starts from a precancer stage called dysplasias and early detection and appropriate treatment at this stage can halt its progression, resulting in decreased incidence or mortality. More about Indian Council of Medical Research (ICMR): The Indian Council of Medical Research (ICMR), New Delhi, the apex body in India for the formulation, coordination and promotion of biomedical research, is one of the oldest medical research bodies in the world. The Council’s research priorities coincide with the National health priorities such as control and management of communicable diseases, fertility control, maternal and child health, control of nutritional disorders, developing alternative strategies for health care delivery, containment within safety limits of environmental and occupational health problems; research on major noncommunicable diseases like cancer, cardiovascular diseases, blindness, diabetes and other metabolic and haematological disorders; mental health research and drug research (including traditional remedies). All these efforts are undertaken with a view to reduce the total burden of disease and to promote health and well-being of the population. http://insightsonindia.com INSIGHTS Courtesy- http://www.icmr.nic.in Mind-mapping: Benefits of indigenization. Issues with Clinical trials? Measures taken by the Government in this regard? Functions and Significance of Primary health Centres? What are the issues with PHCs? Suggest some remedial measures. [Indigenization: Health Sector] A cheaper kit to diagnose thalassemia India has launched a low-cost, indigenouslymanufactured Thalassemia and Sickle Cell diagnostic kit that will simplify the identification of seven common betathalassemia mutations and two common abnormal haemoglobins common in India. This kit is tailor-made for the Indian population and can also be used for screening. The kit would cost approximately Rs 400 and would be made available in the public health facilities up to district levels. It is expected to bring down the prices of the test in the open market where it costs up to Rs 15,000. Mind-Mapping: What are the benefits of Indigenization in different sectors- education, health, technology, environment, defence etc.? What are the usual hurdles in the way to indigenization? Does India have the capability to produce more indigenized goods, which is qualitative as well as affordable? Ruling on clinical trials is in national interest Page 50 DECEMBER 2013 The recent Supreme Court ruling on, and stringent regulations for, clinical trials was a setback for drugs research in India. Not many pharmaceutical companies are coming forward for clinical trials now. There has been a 50% drop in clinical trials after stringent regulations were put in place, but they would pick up in the coming days. The changes were meant to protect the national interest and to do justice to those who participated in the trials. The Ministry has laid down tough rules to make companies liable for the death of, or injury to, any drug trial subject. Even permission for such trials is given after a rigorous process. Simultaneously, the Supreme Court has suspended 157 previously approved trials pending review by new committees. This slowed down new trials, especially those by foreign companies or those being lined up with foreign collaboration. The court’s order came in response to a public interest litigation (PIL) petition, which said trials in India had exploited poor patients who were not even aware that the drugs were still being tested. India made sweeping changes to the rules of the Drugs and Cosmetics Act, 1940, which governs clinical trials, making it mandatory for the principal investigator of the pharmaceutical company to reveal the contract between the subject and the company to the Drugs Controller-General of India. Earlier, the informed consent of the persons on which the trials had been conducted was often manipulated by the companies to the disadvantage of the subjects. http://insightsonindia.com INSIGHTS Videography of the process of informed consent, with the full knowledge of the participant, had been made mandatory, and any death during a trial would have to be reported to the DCGI within 24 hours. The Drug Testing Advisory Board was the only body for granting permission for trials. To know more about Clinical trials refer our ‘Insights Current Events Analysis Magazine’ (NOVEMBER, 2013) Health Ministry worried SC verdict will affect AIDS control Over the recent order of the Supreme Court, stating gay sex is illegal, the Health and Family Welfare Ministry has expressed its concerns saying that- this would prevent vulnerable communities from accessing health facilities for fear of discrimination and stigma. The LGBT (lesbian, gay, bisexual and transgender) is defined as a high-risk group by the National AIDS Control Organisation(NACO; now Dept. of AIDS Control )with HIV infection prevalence among men having sex with men (MSM) being the highest, between 6.5 and 7.2 %. This is the second most vulnerable community after injection drug users. According to the NACO 2010-11 annual report, India had an estimated 40 lakh persons in the MSM community, of whom 10% were at risk of contracting HIV infection. The Department of AIDS Control provides inclusive healthcare service for gay men and transgenders primarily for checking HIV infections, and the service was being accessed by a large number of the LGBT community Page 51 DECEMBER 2013 following the 2009 Delhi High Court judgement that had struck down Section 377 of the Indian Penal Code which criminalised “unnatural sex.” The Marriage Act of Australia does not now provide for the formation or recognition of marriage between same-sex couples. India’s Response to HIV/AIDS: The HIV Estimation of 2012 suggests an overall reduction of 57% in the annual new HIV infections (among adult population) from 2.74 lakh in 2000 to 1.16 lakh in 2011, reflecting the impact of various interventions and scaled-up prevention strategies. Based on these outcomes, the Department of AIDS Control designed the fourth phase of NACP (2012-17) to accelerate the process of reversal and further strengthen the epidemic response. The main objectives of NACP are reducing new infections and providing comprehensive care and support to all People Living with HIV and treatment services for all those who require them. While HIV prevalence shows declining trends among female sex workers, MSM, injecting drug users and single male migrants are emerging as important risk groups. Reaction across the globe regarding ‘samesex’ marriage: ‘Don’t discriminate against LGBT’ U.N. chief, the Secretary-General has re-affirmed that all human beings are born free and equal in dignity and rights and stressed the need to recommit ourselves to building a world of freedom and equality for all. While UK has supported gay marriage, Australia’s top court has overruled gay marriage ruling that Parliament must decide on same-sex unions http://insightsonindia.com INSIGHTS Shortly after reporting the first AIDS case in 1986, the Government of India established a National AIDS Control Program (NACP) which has now become the Department of AIDS under Ministry of Health and Family Welfare. In 1991, the scope of NACP was expanded to focus on blood safety, prevention among high risk populations, raising awareness in the general population, and improving surveillance. A semi‐autonomous body, the National AIDS Control Organization (NACO), was established under the Ministry of Health and Family Welfare to implement this program. This “first phase” of the National AIDS Control Program lasted from 1992-1999. It focused on initiating a national commitment, increasing awareness and addressing blood safety. The second phase of the NACP began in 1999 and ended in March 2006. Under this phase, India continued to expand the program at the state level. Greater emphasis was placed on targeted interventions for the most at risk populations, preventive interventions among the general population, and involvement of NGOs and other sectors and line departments, such as education, transport and police. The Third Phase of NACP (NACP 3) program has dramatically scaling up targeted interventions in order to achieve a very high coverage of the most at risk groups. Under this phase, surveillance and strategic information Page 52 DECEMBER 2013 management also receive a big boost. Partnerships with civil society organizations was at paramount in the implementation of the program with special focus on involvement of community in the program planning and implementation. NACP IV -The focus of this phase will be primarily on scaling up prevention through NGOs and sustaining the efforts and results gained in last 3 phases and integration with the health systems response to the epidemic e.g. through provision of ART, STI services, and treatment of opportunistic infections through the National Rural Health Mission. Courtesyhttp://www.worldbank.org/en/news/feature/20 12/07/10/hiv-aids-india Mind-Mapping: What are the causes of HIV, how is it spread and its impact, preventive measures, treatment once contacted? What are the steps taken by the Govt. in Prevention of AIDS? What impact would the recent SC ruling have on the LGBT community? Laws in other foreign countries, regarding ‘same-sex’ marriage? Impact of same sex marriage on our culture and society as a whole. Are we losing our traditions by being too liberal? Or are we still a conservative society, considering the fact that we are still talking of legality of gay sex while some western nations have moved forward and recognised same sex marriage on par with a heterosexual marriage? CLIMATE CHANGE On Ministerial eve, India stands alone in Bali India stands isolated at the Bali Ministerial (the three-day Ministerial would begin from 3rd December) of the World Trade Organisation (WTO) in its efforts to seek safeguards for subsidies poor countries give to their farmers for food security purposes. Of the key G33 countries, China, an exportsled economy, has not lent vocal support to India’s position for a Bali package as its interests lie with the G20 proposal on trade facilitation. Pakistan has opposed India’s proposal for subsidies to poor farmers on the grounds that they distort trade in rice. However, India has asserted that it exports only basmati for which MSP is not given to farmers. Some support for India has come only from Indonesia. India has blamed the rich countries led by the U.S. for stalling the negotiations for a Bali package and also accused the rich countries of double standards on the issue of subsidies for farmers. Even though the G33 has shown flexibility by agreeing to discuss an interim solution, there were efforts to make the solution redundant through elaborate procedural formalities in the name of safeguards against trade distortion and transparency. The rich countries are pressing the G33 countries to agree to their preferred treaty for trade facilitation. INTERNATIONAL http://insightsonindia.com INSIGHTS Page 53 DECEMBER 2013 Negotiations are on though without much progress between the rich countries on the one hand and India-led G33 on the other. The negotiators haven’t so far settled, for the three main issues: A new trade facilitation treaty; Changes in agriculture rules relevant to food security; Benefits for least developed countries. There had been apprehensions that if Bali didn’t come through, the Doha Round and with it the WTO would become lifeless. Post-Bali, the negotiators in Geneva will focus on the long-stalled issues of the Doha Development Round in a work programme they committed themselves to completing within 12 months. India’s stand prevails in Bali meet It is said that, The Bali Declaration is the stepping stone for the completion of the Doha Round. Finally at the 9th Ministerial of the WTO, the draft Ministerial Decision put up for endorsement to the member-countries safeguards India’s position on both food security and trade facilitation. The declaration takes care of India’s concerns on food security and trade facilitation; it was what actually India wanted. However, Cuba and Venezuela are delaying the adoption of the Ministerial draft for due to some issues concerned with the respective countries. The draft proposes an interim mechanism to safeguard minimum support prices (MSP) to farmers against WTO caps till a permanent solution is adopted. Adoption of the draft would be the first major decision of the century on global trade after the WTO came into being. The declaration has been hailed across all quarters, as WTO has come alive and it has done what it should have been doing all these years – negotiating, dynamic, working hard to get an agreement and innovative solutions, willing to engage and compromise, seeking common ground and inclusiveness. The focus was on national interests and common good, and the right of the developing countries to give food security to billions of the world’s poorest people was upheld and through trade facilitation it has opened up the potential of injecting up $1 trillion into the global economy. Conclusion of the Bali meet Reaction of the civil society groups: World Trade Organisation (WTO) Ministers in Bali finally adopted the historic five-draft decision declaration and the 10-document full Bali Package that addresses the Doha Development Agenda. http://insightsonindia.com INSIGHTS However, the civil society groups were extremely disappointed about India accepting a ‘peace clause’ with conditionality on its food and farm subsidies at the Bali meet with no assured mechanism for finding a permanent solution. Page 54 DECEMBER 2013 India has opened up its farm and domestic food policies, programmes and mechanisms to international scrutiny with large data and reporting mechanisms to be put into place, thus losing sovereign control over decisionmaking on food grains stocks and procurement. Expressing deep disappointment with the hype over ‘India’s win’, the Alliance for Sustainable and Holistic Agriculture has said that “India has lost a historical opportunity” of correcting deep-seated problems with the WTO on trade and agriculture rules that were tilted against the developing countries. According to the Right to Food Campaign, India has wilted under pressure from the U.S. and agreed to accept conditionality to the Peace Clause that was not part of the G-33 proposal. Some section have criticised that, India had fell into the trap of discussing subsidy limits and minimum support price (MSP) in agriculture when it should have argued on the basis of hunger and malnutrition in India and that any attempt by the Indian government to act on it cannot possibly be placed within the purview of WTO sanctions. and food sovereignty at the centre of trade in agriculture. Our World Is Not For Sale (OWINFS), a global network of NGOs, reacted to the developments sarcastically saying ‘avoiding a total meltdown of the WTO is being touted as a breakthrough, which just shows how delegitimate the corporate-led model of trade liberalisation, embodied by the WTO, has become.’ Transaction costs will improve once WTO pact is operational: EEPC The WTO agreement on trade facilitation will make life much easier for Indian exporters since the pact will ensure uniform, transparent and efficient transactions at the customs and port operations across the world. The agreement that promises to dismantle barriers at the ports and customs would prove a turning point. The efficiency and transaction costs will improve by leaps and bounds, once the agreement comes into operation. Indian exports suffer largely at the hands of customs and ports not only within the country but in several parts of the world. And also allowing ‘trade facilitation’ means that post-Bali, India should expect an influx of heavily subsidised agricultural produce from outside. Besides, the agreement will make it difficult for some countries which tend to slap nontariff barriers against exports from the developing countries. According to Vandana Shiva of Navdanya, India should have insisted that an audit of free trade be done, instead of accepting further trade liberalisation, and giving in to the “peace clause”, which postpones putting food security INDIA & ITS NEIGHBOURS http://insightsonindia.com INSIGHTS INIDIA-CHINA Chinese troops apprehend Indians in Chumar Page 55 DECEMBER 2013 Chinese troops have apprehended five Indian nationals in the Chumar area of Ladakh, well inside the Indian territory, and took them to their side of the border perhaps the first incident of this kind along the Line of Actual Control (LAC) in an apparent bid to stake their claim on the area. The five nationals were handed over to the Indian side by the PLA troops, after some efforts were made in this regard under the existing border mechanisms between the two countries. The incident has taken place after PM Manmohan Singh had signed the Border Defence Cooperation Agreement (BDCA) with China in October, 2013 seeking to prevent any flare-ups between the armies of the two countries on the LAC. The Defence Minister A.K. Antony recently had warned that the new border pact does not guarantee that nothing would happen in these areas in the future. Transgressions by the Chinese troops have taken place often in Chumar, the only place along the Indo-China border where the Chinese do not have any direct access to the LAC. Courtesy – http://www.hindustantimes.com/Images/Pop up/2013/4/25_04_pg1a.jpg (image) Mind-Mapping: http://insightsonindia.com INSIGHTS Border issue between India and China since Independence – Aksai Chin & Arunachal Pradesh. Reasons for it. What are the measures/steps taken by Government of India (GOI) in this regard? What was the outcome of such measures? What is LAC? What was the objective with which BDCA was signed? How do the recent transgressions of the Chinese troops effect/impact IndiaChinese Relationship? How can this issue be solved? For more about India-China relationship & Border Agreements refer our Insights Current Events Analysis, October 2013. China launches moon rover China has launched its first moon rover mission (Chang’e-3 rocket), the latest step in an ambitious space programme seen as a symbol of its rising global stature. The probe is due to land on the moon in midDecember to explore its surface and look for natural resources. Page 56 DECEMBER 2013 It is the world’s third lunar rover mission following those by the United States and former Soviet Union decades earlier. which countries monitor aircraft heading towards their territorial airspace, which extends 12 nautical miles from coastlines. China hopes for ‘conducive’ India-Japan ties It is said that, China was willing to increase dialogue and communication to safeguard flights in overlapping areas of the two countries’ defence zones, but Japan has refused any dialogue, which has created frictions and has undermined regional stability. China has hoped for conducive India-Japan bilateral ties that would help in regional peace and stability, against the backdrop of rising tensions between China and Japan and a highprofile visit by Japanese Emperor Akihito and Empress Michiko to India. The ongoing week-long and rare visit to India by the Japanese royal couple has underlined the deepening ties between the two countries. Japanese Prime Minister Shinzo Abe, had stated that Japan’s relationship with India would not only boost economic ties and investment, but also expand the strategic relationship. The Japan’s keenness to push ties with India comes amid renewed tensions with China over the disputed Senkaku or Diaoyu islands in the East China Sea. In recent days, China’s move to set up an Air Defence Identification Zone (ADIZ) that includes the disputed islands has further strained ties. China had strongly defended its move on setting up an ADIZ, pointing out that several countries, such as the U.S and Japan, had established such areas beyond their territorial airspace to track aircraft. And according to China, Japanese ADIZ, established in the 1969 illegally included the Diaoyu islands, and China firmly opposes this. ADIZ areas are not territorial claims, but defined zones in international airspace within http://insightsonindia.com INSIGHTS Whereas, Japan on the other hand, has warned that China’s unilateral move to set up an ADIZ over disputed areas could trigger ‘unexpected incidents.’ China’s ADIZ announcement has also caused concern among several countries in the region, including Japan and South Korea, as the air defence zone stretches over strategically important areas in the East China Sea. Both countries, as well as the U.S., have made it clear that their air patrols will not follow Chinese demands of filing flight plans in advance. Now, South Korea is contemplating on widening its air defence zone to include the Leodo reef, which is under South Korea’s control but falls within both the Japanese and newly set up Chinese air defence zones. Taiwan too has opposed this move saying that it would also not comply with the rules. Amid tensions, South Korea and Japan hold East China Sea drills South Korea and Japan have carried out a naval drill in the East China Sea, deploying destroyers and maritime helicopters in a Page 57 DECEMBER 2013 region where both countries are involved in a dispute with China. A biennial naval drill took place in a part of the sea that lies within China’s newly established Air Defence Identification Zone (ADIZ). Indian relations with the 3 nations, Indian concerns in the region in terms of transit, energy, strategic importance etc. What are the steps taken by India in recent times to balance the conflicting interests of the 3 Countries? China offers freebie in strategic push The drill has signaled that both the countries will not follow China’s regulations by deploying helicopters without filing flight plans with China. The drill took place near the Leodo reef, which is controlled by South Korea but lies within the exclusive economic zones of China and South Korea. The area also falls within both Chinese and South Korean air defence zones (which are not territorial claims but a defined airspace within which countries track aircraft heading towards their territory.) China has reiterated that its move was ‘just, reasonable and complying with international practices’. While China has hit out at Japan’s criticism of the zone, pointing out that Japan had established a bigger ADIZ in 1969, it has taken a more measured reaction to South Korean concerns. China has said it would deploy ‘emergency’ defensive measures if aircraft entered the zone without filing plans. Civilian and other aircraft that were not seen as posing a threat would merely be ‘identified’ and ‘tracked’. Mind-mapping: Relations of the 3 nations among themselves; importance of the region for each of them; historical evolution of the relations. http://insightsonindia.com INSIGHTS China has shown its willingness to offer its neighbouring countries, use of its homegrown satellite navigation system free of charge. The strategic move, has already garnered interest from a number of countries including Pakistan, Sri Lanka, Bangladesh and Thailand. The Chinese officials had intended to widen use of the Beidou satellite network, which already has 16 satellites serving the AsiaPacific and has been promoted as an alternative to the American Global Positioning System (GPS). The focus will be on countries in the Asia-Pacific region, and particularly in South and Southeast Asia, where the satellites offered the highest accuracy. China has already agreed deals with Pakistan and Thailand on use of the Beidou network. Also it had consultations with Sri Lanka, for which it has already launched a satellite, and Bangladesh, over cooperation on satellite use. While China was open to any country using the system, so far there was no specific cooperation between the Indian and Chinese governments. China’s deepening cooperation with these countries prompted the Indian government, earlier in 2013, to push ISRO in being more active in providing technological assistance to Page 58 DECEMBER 2013 countries in the neighbourhood in launching satellites. Kolkata, linking Mandalay in Myanmar as well as Dhaka and Chittagong in Bangladesh. The system, which was first launched in 2011 for use only by the government and military, has over the past year begun to be widely deployed for civilian uses domestically with 80% of passenger buses and trucks in China using the system. For China, granting use of its 16-satellite Beidou network which would be expanded to 35 satellites by 2020 to provide global coverage offers an added advantage. The plan would “advance multi-modal connectivity, harness the economic interests, promote investment and trade and facilitate people-to-people contacts. The recent talks saw the four countries come up with an ambitious proposal that included developing multi-modal transport, such as road, rail, waterways and airways, joint power projects and telecommunication networks. Mind-Mapping: What implications would this strategic move have on India? What steps should be taken by the Indian Govt & ISRO in this regard? Navigation system used in India? Do you think India should also align with other countries and make use of the China’s navigation system? BCIM corridor gets push after first officiallevel talks in China India and China have taken the first step towards pushing forward an ambitious corridor linking the two countries with Bangladesh and Myanmar, as representatives from the four nations held the first ever official-level discussions about the project recently. For the first time the four nations have come up with a schedule/timeline on taking the plan forward. The corridor would run from Kunming (Chinese city which borders Myanmar) to The BCIM project was also discussed during the Chinese Premier Li’s meet to India recently. The corridor would not only boost strategic ties with India, but also as a means to inject vitality into its landlocked southwestern provinces, which have the highest poverty rates in China. Way forward: As a first step, the four countries will identify realistic and achievable infrastructure projects to boost physical connectivity. Over the next six months, each country will come up with a joint study report proposing concrete projects and financing modalities, before the next meeting of the four nations in June 2014, hosted by Bangladesh. The hope is that before the holding of the third joint study meeting, in India towards the end of 2014, the four countries would have agreed upon a cooperation framework including modalities of ‘financing projects’ that will pave the way for the actual implementation. Mind-Mapping: http://insightsonindia.com INSIGHTS Page 59 DECEMBER 2013 Why was BCIM corridor mooted? What are the advantages of this project to India? the International Atomic Energy Agency (IAEA). China defends nuclear cooperation with Pakistan More about International Atomic Energy Agency (IAEA): China would continue to provide support for civilian nuclear energy projects in Pakistan, despite concerns voiced by some countries that recent agreements have violated international guidelines governing nuclear trade. The IAEA is the world’s center of cooperation in the nuclear field. It was set up as the world´s “Atoms for Peace” organization in 1957 within the United Nations family. The Agency works with its Member States and multiple partners worldwide to promote safe, secure and peaceful nuclear technologies. China has argued that, the nuclear power projects would help Pakistan alleviate power shortage and serve the interests of local people. In November, 2013 Pakistan had formally inaugurated two 1,100 MW projects at the second and third phases of the Karachi nuclear power project. The deals follow Chinese support to the nuclear complex at Chashma, where two reactors have been constructed with China’s assistance. The agreements for third and fourth reactors in Chashma, signed in 2009, triggered controversy as they were the first deals signed by China following its joining of the Nuclear Suppliers Group (NSG). The nuclear trade body forbids members from transferring technology to countries that have not signed the Nuclear Non-Proliferation Treaty (NPT). India obtained a waiver from the body only after undertaking various commitments. However, the Chinese have defended the deal saying that it was for peaceful purpose and it meets their respective international obligations and is subject to the safeguards of http://insightsonindia.com INSIGHTS The IAEA Secretariat is headquartered at the Vienna International Centre in Vienna, Austria. IAEA Mission & Programmes The IAEA’s mission is guided by the interests and needs of Member States, strategic plans and the vision embodied in the IAEA Statute. Three main pillars – or areas of work – underpin the IAEA’s mission: Safety and Security; Science and Technology; and Safeguards and Verification. Relationship with United Nations As an independent international organization related to the United Nations system, the IAEA´s relationship with the UN is regulated by special agreement . In terms of its Statute, the IAEA reports annually to the UN General Assembly and, when appropriate, to the Security Council regarding non-compliance by States with their safeguards obligations as well as on matters relating to international peace and security. Courtesy- http://www.iaea.org Page 60 DECEMBER 2013 Mind-Mapping: there are demands to declare Siachen a protected area. With closer nuclear cooperation between China and Pakistan- what are the concerns raised by the international fora and especially with respect to India? Do you think such a co-operation would de-stabilize Asia? What are the objectives of NSG and NPT? How did India get a waiver with regard to nuclear trade, though India not being a member of NPT? Why is India reluctant to get into the agreement? Courtesy- www.defence.pk (image –top) Courtesy (image) - http://www.madhyamam.com The Siachen issue The To know more NSG, NPT refer our ‘Insights Current Events Analysis Magazine’ (OCTOBER, 2013) INDIA- PAKISTAN Call for demilitarization (India-Pakistan) of Siachen Pakistan has said India should pull out its troops from the Siachen Glacier as waste disposal by Indian soldiers was threatening the glacier (which it claims is one of its largest sources of water) and posed a serious environmental threat. The implications of water scarcity were grave in view of climate change. The issue of demilitarising Siachen has often been discussed and both India and Pakistan have debated the question of troops’ pullout but in vain. Siachen Conflict is a military conflict Civil society groups too have been debating the issue and http://insightsonindia.com INSIGHTS Page 61 DECEMBER 2013 between India and Pakistan over the disputed Siachen Glacier region in Kashmir. A cease-fire went into effect in 2003. The conflict began in 1984 with India’s successful Operation Meghdoot during which it gained control of the Siachen Glacier (unoccupied and not demarcated area). India has established control over all of the 70 kilometres long Siachen Glacier and all of its tributary glaciers, as well as the three main passes of the Saltoro Ridge immediately west of the glacier—Sia La, Bilafond La, and Gyong La. Pakistan controls the glacial valleys immediately west of the Saltoro Ridge. Both countries maintain permanent military presence in the region at a height of over 6,000 metres (20,000 ft). More than 2000 people have died in this inhospitable terrain, mostly due to weather extremes and the natural hazards of mountain warfare. The conflict in Siachen stems from the incompletely demarcated territory on the map beyond the map coordinate known as NJ9842. The 1972 Simla Agreement did not clearly mention who controlled the glacier, merely stating that from the NJ9842 location the boundary would proceed “thence north to the glaciers.” UN officials presumed there would be no dispute between India and Pakistan over such a cold and barren region. Courtesy- wikipedia Former India, Pakistan spy chiefs call for direct channel for RAW, ISI Former Indian and Pakistani intelligence officials have called for greater contact between the Inter Services Intelligence Directorate (ISI) and the Research and Analysis Wing (RAW) to prevent regional crisis and push forward new thinking on the conflict in Jammu and Kashmir It is said that, what covert services can achieve is not at times even conceivable in political or diplomatic channels. RAW & ISI help to guard against panic reactions. The two services are also capable of preventing another incident of the kind which occurred in Mumbai in November, 2008. More about Research and Analysis Wing (RAW) Research and Analysis Wing (RAW or R&AW) was formed in 1968; It is the primary external intelligence agency of India. Its creation was necessitated post the SinoIndian War 1962 and Indo-Pakistani War of 1965 which posed various gaps in intelligence gathering undertaken by Intelligence Bureau (which then handled both internal and external intelligence). Function: The primary function of RAW is collection of external intelligence and counter-terrorism. In addition, it is responsible for obtaining and analyzing information about foreign governments, corporations and persons to advise Indian policymakers. R&AW is an effective and one of the primary instrument of India’s national power. It is also involved in the security of India’s nuclear programme. Courtesy – Wikipedia http://insightsonindia.com INSIGHTS Page 62 DECEMBER 2013 Mind –Mapping: Role of RAW Its significance in guarding India’s strategic interests with its neighbouring countries and especially with Pakistan? India, Pak DGMOs to meet on Dec. 24, 2013 The Director-General Military Operations (DGMO) of Pakistan has invited his Indian counterpart for a meeting to strengthen the mechanism to ensure ceasefire on the Line of Control (LoC) This would reduce tensions on the LoC, which had seen repeated violations. Mind-Mapping: Significance of the DGMOs meet? Reasons for ceasefire violations? What are the other measures taken by the two countries to reduce tensions on the LoC ((say by improving trade, celebrating festivals, integrated check posts etc)? What are your views, how can this issue be solved? Pakistan military’s role in establishing friendly relations with India. Role of U.S in pacifying Indo-Pak relations. India, Pakistan resolve to protect Line of Control truce The Directors-General of Military Operations (DGMO) s of India and Pakistan have reiterated the resolve and commitment of both sides to continue efforts for ensuring ceasefire, peace and tranquility on the Line of Control (LoC). At the meeting, the first between the DGMOs in 14 years, the two sides have resolved to http://insightsonindia.com INSIGHTS work towards improved communications between the two by re-energising the existing mechanisms including their hotline contact. Consensus was developed to make hotline Contact between the two DGMOs more effective and result oriented. The talks between the two military officials, held at Wagah in Pakistan, came at the end of a year of extraordinary tensions along the LoC threatening the 10-year-old ceasefire. The last DGMOs meeting was in 1999 after the Kargil war. Consensus was developed to make hotline contact between the two DGMOs more effective and result oriented. The two sides will also hold two Brigade Commander-level flag meetings in the near future, most likely at Uri and Poonch on the LoC. The two sides also agreed to inform each other if any innocent civilian inadvertently crosses LoC to ensure his or her early return. Also there were discussions to check on infiltration, since in 2013 alone there have been 267 attempted infiltrations of the LoC. In January, 2013 two Indian soldiers were killed, one of whom was beheaded. In August, an ambush from the Pakistani side killed five soldiers in the Poonch area. There were also discussions regarding issues concerning the 15 brigades deployed by the Indian Army on its side of the border. India had earlier refused to get drawn into Pakistan’s attempts to include international third parties in the meeting and to discuss a greater role for United Nations observers in ensuring peace along the border or LoC. Page 63 DECEMBER 2013 To know more about DGMOs, LoC and Border issues between India and Pakistan refer our ‘Insights Current Events Analysis Magazine’ (OCTOBER, 2013) Mind Mapping: What do you understand by hotline? Significance of hotline. Why was the DGMO meeting also these years (nearly for 14 years)? With the DGMO meeting convened recently, what are the future prospects for both India and Pakistan? Importance of LoC. Border issues between the two countries? INDIA-NEPAL Stringent checks on India-Nepal border After the launch of the “return and rehabilitation scheme” by the Jammu & Kashmir government in 2010, there has been a spurt in the number of people returning from Pakistan via the Nepal border. The defence authorities, however, are worried that terrorists may cross over along with former militants, using the Sunauli border in Uttar Pradesh to cross over from Nepal. The authorities are, therefore, pressing for stringent checks at the India-Nepal border. Border crossing has not been taking place through the four routes designated by the Union Home Ministry. People coming into India from Pakistan could do so via the IGI Airport in Delhi or the Wagah-Attari border in http://insightsonindia.com INSIGHTS Amritsar with their Pakistani passports and visas, or through the Poonch-Rawlakote and the Uri-Muzaffarabad border points on the Line of Control with permits approved by the authorities in Pakistan-occupied Kashmir (PoK) But instead of taking these legal routes, a large number of individuals and their families are crossing over from Nepal. Courtesy – blogs.fas.org (image) India, Nepal to check illegal border trade At the Inter-Governmental Committee meeting between the India and Nepal, the two countries have agreed to address each other’s concerns on commerce and transit, including reduction of tariff barriers and checking illegal trade along the porous border between the two countries. It was in direction to step up efforts to check unauthorised trade and control trade in fake Indian currency. Page 64 DECEMBER 2013 The two sides have agreed on a 14-point agenda to enhance trade, promote cooperation and address concerns of the private sector of both sides. Other concerns over which the two countries have agreed on: With increasing demand from Nepal for milk and dairy products, the Indian side has agreed to provide 10,000 cows. Nepal has agreed to adjust the 5% agriculture reforms charge it has been charging on Indian exports. While India has agreed to resolve difficulties related to export of Nepali books and newspapers. The two sides agreed to make institutional arrangements to facilitate third country import and export to build infrastructure in newly identified customs points. India would provide technical assistance that can enhance the competitiveness of Nepalese exports; basically India would be looking forward to enhancing the capacity building in areas required by the government of Nepal. Nepal’s abundant natural resources, like its hydropower potential, can be tapped for the prosperity of the country and surplus power exported to India and other countries. The government of India has unilaterally made this possible by moving power trading or power export-import into India from a restricted category to the open general category. This would permit power generated in Nepal to be supplied to the entire subcontinent. Mind-Mapping: India-Nepal’s historic relationship. http://insightsonindia.com INSIGHTS What are the issues between the two countries? What are the steps taken by the Indian side to resolve these issues. Recent agreements between the two countries. Strategic importance of Nepal to India. Nepal impasse comes to an end as political parties reach accord Nepal’s political parties, whose differences on the way ahead had led to a deadlock, reached a four-point agreement paving the way for the dissenters to join the Constituent Assembly (CA). The parties have agreed to constitute a parliamentary committee to “investigate and submit suggestions on the questions raised about the CA election.” This was a concession to the UCPN (Maoist) and other dissenting parties which had been demanding a highlevel commission outside Parliament to probe election-related questions as one of the conditions to join the CA. The UCPN (Maoist), the largest party in the first CA, had initially welcomed the successful conduct of the second CA election. However, it alleged systematic fraud after the trend showed it was set to lose heavily. The parties also agreed to prepare the draft of the new constitution as per the spirit of the ‘12-point agreement’, the Comprehensive Peace Agreement and the Interim Constitution within six months and promulgate it in a year. They have decided to form a high-level political mechanism with top leaders of major parties as its members in order to complete the remaining tasks of the peace process and help write the constitution. The convenor of the mechanism would be appointed from within the CA. Page 65 DECEMBER 2013 There was also accord on forming a Truth and Reconciliation Commission (TRC), and a Commission on Enforced Disappearances. Both of these commissions have been long overdue. The parties pledged to form them on numerous occasions but never acted on their promise. The leaders of eight political parties – the Nepali Congress, the CPN-UML, the CPN (Maoist), the Madhesi Janadhikar Forum (Democratic), the Tarai Madhes Democratic Party, the Madhesi Janadhikar Forum Nepal, Sadbhawana Party and the Tarai Madhes Sadbhawana Party – signed the agreement. They endorsed the draft of the agreement that was decided by the NC, the UML and the UCPN (M) at an earlier meeting. The agreement was possible after the Nepali Congress and the CPN-UML persuaded the UCPN (Maoist) to soften its stance on joining the CA. The two largest parties – the NC and the UML – had stood firm in the face of demands from the UCPN (M) which subsequently backed down from its position. The Maoists had initially put forth five conditions, including forming of a commission to investigate ‘election fraud’, its chairman Pushpa Kamal Dahal Prachanda as permanent convener of the political mechanism, amendment to the Interim Constitution to take decisions only by consensus, and hold a new election within a year after promulgating the constitution. There was no disagreement over its suggestion of moving forward as per the 12-point agreement, the Comprehensive Peace Agreement and the Interim Constitution. The parties also decided to request the Election Commission yet again to extend the http://insightsonindia.com INSIGHTS deadline to submit the names of the elected candidates under the proportional representation (PR) electoral system for five more days. The EC has already extended the deadline twice. The election to the Constituent Assembly (CA) was held on November 19, 2013. The deadline extension would further delay the convening of the first meeting of the CA. INDIA- SRILANKA Despite strains, India, Sri Lanka deepen naval ties India and Sri Lanka have agreed to a slew of naval cooperation measures to target pirates and terrorist groups operating in the Indian Ocean. The meeting, as well as separate dialogues with Indian naval commanders, took place amidst tensions in diplomatic relations between the countries. The Indian PM had stayed away from a recent Commonwealth Heads of Government summit in Colombo, amidst criticism of Sri Lanka’s human rights record. The meeting focused on pushing ahead military-to-military cooperation to secure both countries’ common security interests. The two countries, along with the Maldives, had signed a security cooperation agreement in July, 2012 designed to make operations by the three navies seamless. India’s military-to-military relationship with Sri Lanka has grown despite political tensions. The Sri Lankan navy has ordered two modern Page 66 DECEMBER 2013 offshore patrol vessels from the public-sector Goa Shipyards. It already operates the 101metre offshore patrol vessel Sayura, sold by India in 2000. The training has continued despite protests from Tamil Nadu CM, who had expressed dismay over the Indian Navy’s offer of further training cooperation to Sri Lanka. More about Shanghai Organisation (SCO) Cooperation The SCO is a Eurasian political, economic and military organisation which was founded in 2001 in Shanghai by the leaders of China, Kazakhstan, Kyrgyzstan, Russia, Tajikistan, and Uzbekistan. It also has Afghanistan, India, Iran, Mongolia and Pakistan as observers, and Belarus, Sri Lanka and Turkey as dialogue partners. INDIA- AFGHANISTAN India feels SCO can play a bigger role in Afghanistan India has called for a greater role by the Shanghai Cooperation Organisation (SCO) in rebuilding and stabilizing Afghanistan. Since bulk of the SCO’s members and observers are Afghanistan’s neighbours. However, Iran’s opposition of the West and the SCO’s tendency of trying not to annoy the West led to the organisation playing a more subdued role in Afghanistan. SCO could also play a useful role in promoting trade connectivity in the region and countering terrorism. From India’s point of view, it would be looking to enter into an energy and minerals partnership with Uzbekistan especially in the area of uranium. India has been an observer country in the SCO since 2005. India, Pakistan, Iran and Mongolia have expressed their readiness to join Russia, China, Uzbekistan, Kyrgyzstan, Tajikistan and Kazakhstan as its full members. http://insightsonindia.com INSIGHTS It has also initiated a new security concept that is based on mutual trust, mutual benefit, equality and cooperation. The SCO, which is an observer of the UN General Assembly, is the only regional intergovernmental organization founded in China. Courtesy – http://english.cntv.cn/20130913/102515.shtml & Wikipedia U.N. monitors failing say Taliban sanctions The United Nations team monitoring the Security Council sanctions against the Taliban has warned that the international community is ill-placed to contain a surge of extortionrelated funding the jihadist group is expected to raise in the run-up to next year’s (2014) elections in Afghanistan. In 2014, Afghanistan there would be significant spike in international spending to finance the large-scale logistical operations necessary for the withdrawal of international forces from Afghanistan. Page 67 DECEMBER 2013 Illicit business activities and investments play a key role in the financial structure of the Taliban and its affiliates. Taliban continues to raise millions from drugs, extortion, in buildup to 2014 elections Taliban’s continued ability to raise funds is critical to both its military and political influence in Afghanistan. According to the report, the Taliban is estimated to have raised $155 million from narcotics-related operations in 2012. The Taliban in Helmand province, a key hub for the jihadist group, had raised $8 million from the narcotics trade from January to May, 2013 alone, and an additional $400,000 a month through levies on local transport operators. Also 90 to 99% of all gemstones mined in Afghanistan are illegally smuggled out of the country. The Taliban has targeted specifically gemstone and mining operations. On these lines the Monitoring Team has recommended that the member-states be asked to submit any relevant information on Taliban bank accounts, hawalas and financial facilitators. According to the Monitoring Team’s view, there appears to be little ground for optimism that violence could be defused by a peace deal between the Taliban and the Afghan government. But there are no evidence yet. India supports Afghan over its row with U.S limit the number of western troops in the wartorn country after 2014. India and Afghanistan both see the BSA as important for the security and stability of Afghanistan. The Indian approach was not to pressurise, it would refrain from being intrusive and judgemental on the issue. Issue:Over the timing of signing the BSA – The Afghan President wants the agreement to be signed by his successor after 2014 elections, in which he will not be eligible to contest, while the U.S. has threatened to walk out if it is not done immediately. Apart from security issues, the other part of Mr. Karzai’s visit to India is economic. India is planning a major game-changing project in Afghanistan which will start taking shape once its Parliament approves new mining laws. Mr. Karzai has urged Indian businessmen to come forward and invest. The major investment planned by India is in Hajigak mines, said to be Asia’s biggest untapped deposits of iron ore. The Afghan President’s focus is on three issues – the state of play on the BSA, the peace process and then the transition process. Mind-mapping: India has expressed its disagreement over the U.S. pressure on Afghanistan to sign the Bilateral Security Agreement (BSA), which will http://insightsonindia.com INSIGHTS Relationship among the three countries – India, U.S., Afghanistan. India’s geo-political & geo-strategic interests with respect to Afghanistan How will the withdrawal of U.S forces from Afghan impact the future prospects of Afghan and the other stakeholders vying for stability of Afghan? Page 68 DECEMBER 2013 Significance of India’s support to Afghanistan (amidst U.S pressure)? Does this move indicates India’s rise in the International fora, as a country which can take independent decision? Is India a softState? INDIA-MALDIVES India-Maldives relationship on the right track again Following 2 years of testing times, India and Maldives are all set to restore their friendly relationship, with the upcoming visit of the newly elected President, Abdulla Yameen, from December 23 to 25, 2013. On further strengthening of the ties between the two countries, India would formally hand over an indigenously made helicopter for surveillance and domain awareness operations in northern Maldives. India has already gifted Maldives an advanced light helicopter (ALH) for its southernmost island Addu. This ALH will be for the northern most inhabited island. Also both sides would be signing a package of measures to resume projects that had been stalled after Mohd Nasheed was ousted as President in February, 2012. These include the construction of a national police academy, refurbishing of the Indira Gandhi Hospital in Male and setting up a faculty for teaching tourism and hospitality. Also there are other issues – cancellation of a contract given to GMR, said to be the single biggest foreign investment proposal in Maldives, Tata Housing’s real estate project http://insightsonindia.com INSIGHTS and Tattva Global’s contract for waste management, which needs to be looked into for better diplomatic relationships between the two countires. India- Maldives strategic interest In the direction of furthering the relationship between the two countries, India has promised a second Advanced Light Helicopter, Dhruv (indigenously-built), to the Maldives National Defence Force (MNDF). Earlier in 2010, India had donated an ALH to Maldives. India and the Maldives have maintained close ties over the years and Indian naval ships and aircraft were deployed for surveillance of the Maldivian exclusive economic zone at their request. Over the years, the Indian Navy has trained Mauritian naval pilots; extended training support to several nations, including Vietnam, conducted coordinated joint patrols, and supplied military hardware (including surveillance aircraft) to countries like Myanmar. This is a part of the geostrategic measures undertaken by India to support friendly nations in the Indian Ocean rim to augment capacity. Initiatives such as the Indian Ocean Naval Symposium (IONS), a geographical grouping of 35 Indian Ocean littorals, and biennial naval exercise ‘Milan’ went a long way in reaffirming the confidence nations in the region had in India. Related Information: Page 69 DECEMBER 2013 Indian Ocean Naval Symposium (IONS) IONS is a voluntary initiative that seeks to increase maritime co-operation among navies of the littoral states of the Indian Ocean Region by providing an open and inclusive forum for discussion of regionally relevant maritime issues and, in the process, endeavors to generate a flow of information between naval professionals that would lead to common understanding and possibly agreements on the way ahead. The inclusiveness of this forum means that all the principal maritime agencies of states in the IOR are members, unless they desire otherwise, thereby involving participation by almost all the littorals in the region to address cooperative maritime issues. Safety and Security, Trade and Investment Facilitation, Fisheries Management, Disaster Risk Management, Academic and Science & Technology Cooperation, and Tourism and Cultural Exchanges. Courtesy – www.dfat.gov.au/geo/indianocean/iora.html Mind-Mapping: http://ions.gov.in Milan: Milan basically is a biennial conglomeration of Asia-Pacific maritime navies, hosted by the Indian Navy, to foster bonds of ‘friendship across the seas’, boost interoperability and share views on common maritime issues. Indian Ocean Rim Association (IORA) IORA was established in 1997 to promote cooperation in the Indian Ocean region. It seeks to expand mutually beneficial cooperation through a consensus-based, evolutionary and non-intrusive approach. IORA is the only regional forum linking most countries on the Indian Ocean rim through an annual Foreign Ministers’ meeting. In 2011 six priority areas of cooperation were identified for IORA. These include: Maritime http://insightsonindia.com INSIGHTS Historical relationship between India & Maldives. India’s Strategic interests with respect to Maldives. Relationship between India and Maldives in recent times, especially last 2 years (till the recent elections & the future prospects) What is India’s stake and concerns over Indian Ocean? What are the geostrategic measures undertaken by India to support friendly nations in the Indian Ocean rim to augment capacity? Significance of IORA. RUSSIA Russia to boost Arctic presence President Vladimir Putin has ordered the military to step up its presence in the Arctic after Canada signalled it planned to claim the North Pole and surrounding waters. The tough and rapid response to Canada’s announcement reflected Russia’s desire to protect its oil and natural gas interests in the pristine but energy-rich region amid competing claims there by countries that also include Norway and Denmark. Page 70 DECEMBER 2013 Canada had earlier filed a claim with the U.N. Commission on the Limits of the Continental Shelf concerning the outer limits of its continental shelf in the Atlantic Ocean. The claim also included Canada’s stake on the North Pole. its recommendations and actions shall not prejudice matters relating to the delimitation of boundaries between States with opposite or adjacent coasts. Russia has an overlapping claim to both the North Pole and swathes of the Arctic that the U.S. Geological Survey thinks could hold 13 % of the world’s undiscovered oil and up to 30% of its hidden natural gas reserves. To consider the data and other material submitted by coastal States concerning the outer limits of the continental shelf in areas where those limits extend beyond 200 nautical miles, and to make recommendations in accordance with article 76 and the statement of Understanding adopted on 29 August 1980 by the Third United Nations Conference on the Law of the Sea; In 2007, a government-sponsored diving team in had planted a Russian flag under the North Pole, and the Russia has been contemplating to deploy a large military presence in the region from a long time. More about Commission on the Limits of the Continental Shelf (CLCS): It’s Purpose, functions Purpose: The purpose of the CLCS is to facilitate the implementation of the United Nations Convention on the Law of the Sea (the Convention) in respect of the establishment of the outer limits of the continental shelf beyond 200 nautical miles (M) from the baselines from which the breadth of the territorial sea is measured. Under the Convention, the coastal State shall establish the outer limits of its continental shelf where it extends beyond 200 M on the basis of the recommendation of the Commission. The Commission shall make recommendations to coastal States on matters related to the establishment of those limits; http://insightsonindia.com INSIGHTS Functions of the Commission: To provide scientific and technical advice, if requested by the coastal State concerned during preparation of such data. In accordance with article 76(8), the Commission shall make recommendations to coastal States on matters related to the establishment of the outer limits of their continental shelf. The limits of the shelf established by a coastal State on the basis of these recommendations shall be final and binding. Courtesyhttp://www.un.org/depts/los/clcs_new/comm ission_purpose.htm#Purpose (UN website) Mind-mapping: Impact of exploration in north pole on climate change, global warming etc(help it offers in protecting Himalayan ecology, studying monsoons, data) Page 71 DECEMBER 2013 Russian confrontationist diplomacy, India’s stakes in arctic (in terms of research, energy security); Indian presence in the region. How is arctic region governed? Future potential of the region apart from energy. Japan is trying to build a comprehensive defensive posture that can completely defend the nation. There are apprehensions over China’s attempt to alter the status quo by force in the skies and seas of the East China Sea and South China Sea and other areas based on assertions that are incompatible with the established international order. JAPAN Japan’s military plan ‘proactive pacifism’ Taking Japan a step further from its post-war pacifism, Prime Minister Shinzo Abe has approved a new five-year defence plan that calls for the acquisition of drones and amphibious assault vehicles to strengthen the nation’s military as it faces the prospect of a prolonged rivalry with China over islands in the East China Sea. The PM has described the spending plan as “proactive pacifism”. It could be noticed that from 2013, Mr. Abe (who is building on moves by previous Prime Ministers) has started increasing the military expenditure to help offset China’s rapid military build-up and the relative decline of U.S. influence in the region. Under the new 10-year defence and a broader national security strategy, Japan will continue to build closer ties with the United States, whose 50,000 military personnel stationed in Japan still form the basis of Japan’s national security. But it will also acquire weapons meant to increase its own capabilities, acquisitions that would have once been unthinkable for a nation that viewed its military with suspicion after its disastrous defeat in World War II. http://insightsonindia.com INSIGHTS Political analysts say that China’s assertive stance in the dispute over the East China Sea islands has made Japan’s once proudly pacifist public more willing to accept an expanded role for the nation’s military, called the SelfDefense Forces. China’s claims in the South China Sea have also put it at odds with several countries in Southeast Asia that say they own some of the territory in question. The 10-year military strategy approved calls on Japan to create a more mobile military that can deal with contingencies on far-flung islands, as well as so-called gray zone conflicts that might involve small numbers of terrorists or paramilitary attackers. The strategy also calls on Japan to study whether it should buy or develop long-range strike capability, like cruise missiles, that would allow it to destroy a threat like a North Korean ballistic missile before it was launched. Japan has so far abstained from such offensive weapons in order to maintain the defensive nature of its military, whose existence already pushes the limits of a post-war constitution that bars the nation from possessing ‘land, sea and air forces, as well as other war potential.’ Mr. Abe is of the opinion to go even further by stretching the definition of self-defence to include action taken on behalf of allies under Page 72 DECEMBER 2013 attack. For example, allowing Japan to shoot down a North Korean ballistic missile heading toward the United States. That doctrine, known as collective self-defence, has run into stiff public opposition, including from a small Buddhist political party within Mr. Abe’s governing coalition. Gulf Cooperation Council where over 70 Indians live. India sources 60 % of its oil from the region with cumulative trade of over $170 billion. Courtesy – www.worldatlas.com(Image) (According to the Stockholm International Peace Research Institute, Japan had the fifthlargest military budget in the world last year. China had the second largest, behind the United States.) IRAN MIDDLE-EAST Iran and West Asian tensions India and Middle-East The recently concluded Geneva meet among G5+1 (G5 + Germany) and Iran has not only brought temporary ease with regard to Iran’s nuclear programme and partial removal of Western sanctions, but it has also more significance to West Asia. External Affairs Minister Salman Khurshid would be visiting ‘Middle-East’ to take stock of the evolving alignments there following the developments on Iran’s nuclear issue and Saudi Arabia’s refusal to take up a nonpermanent seat in the United Nations Security Council. Mr. Khurshid would also visit Manama (Bahrain), where he would hold talks with the top leadership and also participate in the Manama Dialogue. Bahrain too has had its share of Arab Spring that led to intervention by Saudi Arabian security forces. But the level of violence has been negligible compared to some other countries in the region. Repercussions on West Asia: With U.S withdrawing most of its troops from Afghanistan in 2014, Iran (now being a potentially valuable partner for the US) can help stabilise the country and deter the Bahrain’s importance for India stems from it being the home to more than 3.5 lakh Indians, the largest expatriate community in the country. It is part of the six-nation http://insightsonindia.com INSIGHTS Page 73 DECEMBER 2013 Taliban. Also Iranian troops had briefly assisted the U.S. in 2001. With respect to Syria, Iran can play a major role in bringing a settlement in Syria, as Shia President, Bashar al Assad’s adamant stand has prevented a settlement and caused over thousands of deaths in a terrible civil war, over which Western public opinion is strongly opposed to military intervention. With regard to Iraq, Iran already has considerable influence over PM Nouri al Maliki, where the illegal 2003 U.S-led invasion provided space for revived Sunni-Shia tensions which still cause thousands of deaths every year. Furthermore, Kurdish and even Sunni political groups have for some time now drawn on Iranian advice in forming Iraqi provincial coalition governments and resolving disputes. Countries which were against the Geneva deal: However, the Geneva deal has shocked most West Asian leaders. Saudi Arabia, which sees Iran as its greatest rival, has openly expressed its displeasure, but West Asian Arab countries made no attempt to participate at Geneva. Since 2008, proposals by Bahrain, Iran and the former Arab League head Amr Moussa for regional security talks have met a dead-end. The standard responses to perceived security threats, such as using oil wealth to buy more weapons, even possibly including a nuclear umbrella, will not help the Arab leaders, because Iran is already cooperating with the G6, and increased weapons purchases would worsen a destabilising arms race. http://insightsonindia.com INSIGHTS As for Israel, which shares many of the Arab countries’ interests, PM Benjamin Netanyahu has cautioned that he would do ‘anything necessary’ to defend his country, and continues to approve settlements in the occupied territories. But Mr. Rouhani has unquestionable democratic legitimacy, and even if justice for the Palestinians and democratic reforms in West Asia seem remote at present, it may not be long before those two issues are rightly at the top of the agenda again. Deal with West not a zero-sum game, Iran reassures Saudi Arabia Iran has reached out to Saudi Arabia by reassuring its regional rival that Iran’s restoration of harmony with the West in the aftermath of the recently signed Geneva accord would not pose any threat to the Arab nation. Both the sides working together would promote peace and stability in the region. This move follows the anticipation in Iran that a break in the 34-year cycle of hostility with the West that began after the 1979 Islamic Revolution may not be far away after the signing of the ice-breaking nuclear deal in Geneva. However, Iran’s harmony with the West can be undermined if the wealthy Saudi royals continue to use their considerable influence in the region to hurt Iranian interests in countries, such as Iraq, Syria and Lebanon, by playing the sectarian card and encouraging violence. Page 74 DECEMBER 2013 Iran has assured that the nuclear deal is in favour of the stability and security of the region. This assurance holds significance since prior to the Geneva accord, members of the Saudi establishment had made it clear that they stood opposed to the deal. Iran opposes Afghan-U.S. pact Iran has firmly opposed the proposed security pact between Afghanistan and the U.S, highlighting that differences on crucial issues between Iran and U.S will persist, despite the game-changing nuclear deal that was signed in Geneva in November, 2013. (The Iran’s position is exactly opposite to the stance adopted by the West) According to Iran, the proposed Bilateral Security Agreement (BSA) between Afghan and U.S. will not serve the government of Afghanistan, its people or the region. (The BSA would give legal backing for a part of American troops(around of 8,000 to 12,000 troops) to stay beyond 2014, in Afghanistan) The security pact has stimulated a heated debate inside Afghanistan and beyond. It is feared that, the positioning of U.S. forces would have an impact not only on the stability of Afghanistan, but of neighbouring countries as well, including China, Pakistan, India, Iran, the Central Asian Republics and Russia. It might also lead to extremism in Afghanistan. However, the NATO Secretary General has warned that if Afghan fails to sign the security deal with the U.S., then NATO would also withdraw its training and advisory mission in Afghanistan after 2014. http://insightsonindia.com INSIGHTS Afghan’s Prez reaches out to Iran to counter U.S. pressure on pact Afghanistan’s President Hamid Karzai has reached out to Iran to counter attempts by the U.S to push Afghan to sign a security pact that would keep thousands of U.S. troops on the ground beyond the official withdrawal deadline of 2014. During the President’s visit to Iran, Mr. Karzai and his Iranian counterpart Hassan Rouhani have decided to sign a comprehensive “friendship” pact that would also cover “regional security” issues. It is said that, Afghanistan has agreed on a long-term friendship and cooperation pact with Iran. The pact would be for long-term political, security, economic and cultural cooperation, and regional peace. In tune with this decision, Iran has reinforced its opposition to the presence of foreign forces in neighbouring Afghanistan. The U.S. had earlier warned that it would be ready to exercise the “zero option” implying that no troops would be available after 2014, at a time when Afghan security forces appeared unready. Working in tandem with the Americans, NATO has also threatened that its forces would not supplement U.S troops after 2014, in case a Bilateral Security Agreement (BSA) was not to be signed. Iran nuclear deal: Russia, U.S. pushing for a permanent agreement The Geneva deal was premised on allowing Iran to enrich uranium only below 5% purity in return for limited sanctions relief for a Page 75 DECEMBER 2013 period of six months. Within this time, both sides are to work out the contours of a permanent agreement to ensure the peaceful orientation of the programme in tune with Iran’s sanctions-free accommodation in the international economic mainstream. The intensive talks during the six months ahead would focus on the parameters of fuel production by Iran to run nuclear power stations, research reactors and others producing isotopes for medical and humanitarian purposes. The Russia’s Foreign Minister Sergei Lavrov has also advocated Iran’s participation in resolving the Syrian crisis. In U.S, John Kerry, the U.S. Secretary of State, battled Congress to dissuade it from passing another set of stringent sanctions, which were likely to push Iran to walk out of negotiations, as Iran had earlier warned that the Iranian nuclear deal would be dead if the U.S. Congress imposed new sanctions, even if they do not take effect for six months. On the other side, Russia has strongly supported Iran’s stand, stating the U.S. decision goes against the spirit of Geneva deal. The latest sanctions have targeted two Singapore based firms – Mid Oil Asia, and Singa Tankers. Mid Oil Asia is accused of supporting National Iranian Tanker Company in making money transfers, while Singa Tankers is charged with helping Tehran to make ‘urgent payments’. Despite the latest curbs, the West has sent mixed signals to Iran in the post-Geneva phase: The European Parliament (EP) delegation arrived in Iran, apparently to explore possibilities of deepening ties, especially the European oil companies are to enter Iran’s oil and gas sector. Italian Foreign Minister has also planned to visit Iran, to discuss commercial and political ties marking the first official outing by an Italian top diplomat to Iran in nearly 10 years. Mind-Mapping: Curbs against the spirit of Geneva deal: Iran Iran has slammed the decision by the U.S. to impose new sanctions, citing it as a step that undermines the spirit of the recently signed Geneva nuclear accord, which has promised to revive Iran’s ties with the West. What was the agenda of the Geneva deal? Was the agenda achieved? What next? What is the significance of the Geneva deal to Iran and other countries across the globe (with also India’s perspective)? Was the deal approved by all? If not which countries opposed the deal and, what was the rationale behind the opposition? Imposition of new sanctions by the U.S. appeared to have been influenced by the hardening advocacy in Congress (U.S. Parliament) of retaining pressure on Iran. http://insightsonindia.com INSIGHTS Page 76 DECEMBER 2013 Iran backs deep-sea gas pipeline to India What is the significance of the gas pipeline to India? How would this impact India, Iran, and Pakistan’s relationship? India’s approach towards meeting its energy needs? Steps taken by the govt. in this regard. Iran is focusing on exporting natural gas to India along a deep-sea route, the move coinciding with the cancellation of a $500million loan to Islamabad to build the Pakistani section of the IranPakistan gas pipeline and the signing of the Geneva nuclear accord that could help relax sanctions against Iran. Negotiations were held with three Indian companies for purchase of gas from Iran, and general agreements have been reached. It is a multi-billion-dollar undersea pipeline, which could carry gas from Iran’s giant South Pars gas field to India’s west coast. Once operational, it could channel 31 million cubic meters of gas per day. There were no technical hurdles to build the deep sea pipeline, and the project, which was financially viable, could be completed in 4-5 years, once the sanctions against Iran are lifted. Courtesy – http://www1.american.edu/ted/images4/pipeli ne.gif (image) Mind – Mapping: http://insightsonindia.com INSIGHTS SYRIA India offers help chemical weapons to destroy Syrian India, an aspirant to next month’s international conference on Syria, has offered the services of its experts to help in destruction of Damascus’ chemical weapons arsenal. In addition, it has offered to contribute $1 million towards this effort by the Organisation for the Prohibition of Chemical Weapons (OPCW). Page 77 DECEMBER 2013 India had demonstrated its expertise a couple of years ago during an exercise in Tunisia. States and its European allies as partners, to destroy Syria’s stockpile of chemical weapons. The percentage of Indians in the OPCW inspection worldwide has always been high and Indian laboratories, especially the one at Gwalior. Russia, which has played a leading role in convincing Syria to shed chemical arms will render its assistance in two stages – Russia will provide material and technical support to first transport chemical agents on land to the Syrian port of Latakia. From the Syrian coast, the stockpile of around 500 tonnes will be moved along ships that are being mainly provided by the EU and then it will be transferred to U.S where the toxic agents would be destroyed in full compliance with all environmental requirements The Indian offer of financial assistance is timely because a meeting of OPCW’s Conference of State Parties is underway at The Hague to consider measures to ensure compliance with the Chemical Weapons Convention (CWC) and decide on the programme and the scale of financial contributions to be paid by its members. While all production facilities in Syria have shut down, there is this unfinished business of destroying the chemical weapons stocks, and destruction. India is offering its experts not only for destruction and verification, but to train personnel participating in the UN/OPCW mission as well. India is one of the founder signatories to the CWC and, as a chemical weapons possessor state, has fully completed destruction of its weapons in accordance with the Convention. (To know more about OPCW, CWC refer our ‘Insights Current Event Analysis October, 2013) Russia to give logistics support for Syria weapons transfer Russia has decided to provide naval escorts to ships ferrying tonnes of material as part of a multinational exercise, involving the United http://insightsonindia.com INSIGHTS According to the Pentagon, it would take 4590 days to neutralise the chemical components used for making mustard gas and Sarin. Russia had persuaded Syria to destroy its chemical weapons after it was accused in August, 2013 by U.S. and its allies of using Sarin gas against civilians on the outskirts of Damascus. India may make fresh efforts to end Syrian crisis India is poised again for a more active role in Syria, after having been involved in unsuccessful attempts to resolve the conflict in that country when it was a non-permanent member of the United Nations Security Council for two years. India would join international efforts to destroy chemical weapons at Geneva II, the U.N.-sponsored international conference on Syria, scheduled in January, 2014. The first meeting resulted in the Geneva communiqué Page 78 DECEMBER 2013 that supported a political transition without insisting on President Bashar-al Assad’s exit and a transition plan. India was also an Observer in Friends of Syria, a grouping that tried to push through regime change. Also there is a possibility that India might join international efforts to destroy Syria’s stockpile. The destruction of Syria’s chemical weapons involves multi-state participation. India was an early supporter of Russia’s proposal for keeping Syria’s stockpile of chemical weapons in safe custody, even while opposing military intervention and moving towards a political settlement, possibly with Geneva-II. India has also announced its contribution of $1 million to the OPCW. The percentage of Indians in OPCW inspections worldwide has always been high and Indian facilities. Indian experts will help destroy the stockpile and train other personnel taking part in this mission. India is one of the foundersignatories to the Chemical Weapons Convention and has destroyed its weapons in accordance with the Convention. ISRAEL Protests across settlement Israel over Bedouin Thousands of Bedouin demonstrators and their supporters clashed with the police across Israel as they protested a government plan to regulate Bedouin settlement in the Negev desert. This reminded of the Palestinian uprisings in the West Bank. http://insightsonindia.com INSIGHTS Activists had called for the protests as part of an international ‘day of rage’ against the plan, known as the Prawer-Begin plan. A bill that would turn the plan into law is expected to be brought to a final vote during the next session of Parliament. Since the foundation of the state of Israel in 1948, the land disputes between the Bedouins and the authorities remained. Hence in order to resolve the dispute, the plan proposes a mechanism to deal with land ownership claims and compensation. It also calls for the evacuation of 35 Bedouin villages that are not recognised by the state and the resettlement of the residents in existing or new towns. The Human rights organisations opposing the plan say it will involve the forcible relocation of 30,000 to 40,000 Bedouins, dispossessing them of their historic land rights. The plan was created without sufficient input by the Bedouins, and that it discriminates between the Bedouin and Jewish residents of the Negev. A third to half of the 170,000 or so Negev Bedouins live in unrecognised villages that are not connected to the state water or electricity networks. It has been argued that, the Bedouin of the Negev, being equal citizens, deserve adequate housing, public services and a better future for their children. Israel allows transfer of materials for U.N. projects Under pressure from the United Nations (UN) amid a mounting economic and humanitarian crisis in the Gaza Strip, Israel has agreed to Page 79 DECEMBER 2013 restart the transfer of construction materials to Gaza on after an eight-week hiatus. The transfers would resume with a new “supervision and control mechanism” to ensure the materials would be used only for United Nations building projects. The building supplies will be allowed in only for U.N. projects, which employ a fraction of the thousands of construction workers who have been idled, and negotiations to resolve Gaza’s fuel shortage have not yielded significant results. Gaza, home to 1.7 million Palestinians, has been struggling since the summer to cope with the current Egyptian government’s closing of hundreds of smuggling tunnels through which the strip received steel, gravel and cheap diesel fuel, as well as consumer products. The situation worsened in November, 2013 when Hamas shut down Gaza’s lone power plant because of a shortage of electricity and cheap fuel from Egypt, stretching blackouts up to 18 hours a day and causing raw sewage to flood some streets because pumping stations could not operate. Israel suspended delivery of construction materials in mid-October after discovering a 1.5-mile tunnel from Gaza into its territory that it feared would be used to kidnap or attack Israelis. Gisha, an Israeli organisation that promotes access to Gaza, said Israel began allowing some construction materials in three years ago for international projects. http://insightsonindia.com INSIGHTS The international community is appropriately worried about Gaza’s humanitarian situation, but Gaza’s dependence on foreign aid stems in large part from Israeli restrictions on economic development. So it is said that, if people in Gaza were permitted to maintain and grow their economy, then they would need far less humanitarian assistance. AFRICA (As a ‘tribute’ to a Great Leader and Human Being we have included this article on Nelson Mandela !! ) The world has lost one of the greatest figures of the 20th century in the passing of Nelson Mandela, iconic revolutionary who ended apartheid in South Africa. Africa’s last great statesman, Mandela presided over a largely peaceful political transition and stepped aside after only one term in power. He was the first black President of South Africa and under his aegis, the country dismantled the institutional legacy of apartheid and racism. He remained the country’s moral compass in the silence of his twilight in much the same way he served as the liberation movement’s rallying cry through 27 years of incarceration. He appointed a Truth and Reconciliation Commission that might have fallen short of conclusively addressing apartheid-era atrocities Page 80 DECEMBER 2013 but saved the nation from a descent into bloodshed. The former President is being mourned across the nation. His loss is most acutely felt at the headquarters of the African National Congress (ANC), the party he joined in 1943 and subsequently led to electoral victory in 1994. In a manner reminiscent of the Indian National Congress (INC) in post-Independence India, the ANC has long used Mandela’s name and liberation credentials to cement its position as the natural party of government. The prolonged and often bitter row between the government, his heirs and sections of the party about his hospitalisation, burial site and memorial foundation underscored his continued importance to the ANC’s project of political hegemony long after his retirement. Mandela’s death comes at the time when the ANC is preparing for an election that may see its share of the vote fall below 60%, illustrating creeping voter discontent. Moving forward, the ANC’s greatest challenge is likely to be the “born frees”, a generation of South Africans born after the collapse of the hated colonial regime, who are less susceptible to the party’s emotive message of liberation. For these young citizens, the most poignant reminder of oppression is the one that Mr. Mandela did not address — land, natural resources and the ownership of Africa’s richest economy. Rather than democratising the economy, Mr. Mandela’s successors have used so-called black empowerment programmes to enrich a tiny elite, creating space for a mass politics as espoused by Julius Malema, a firebrand former ANC Youth League leader who has launched his own political front, the Economic Freedom Fighters (EFF). Mr. Malema http://insightsonindia.com INSIGHTS is himself facing charges of corruption, suggesting the EFF may not be the ANC’s most potent foe. Statesmen are forged and ultimately limited by the circumstances of their struggles. By leading his country out of the horrors of racial segregation, Mr. Mandela has won his place in history. His successors must now seek their own. (Courtesy – Hindu Newspaper) CONGO U.N. launches drones in DR Congo The U.N. peacekeeping mission in the Democratic Republic of Congo has officially launched a surveillance drone in the strifetorn northeast in the first such move by the United Nations. The U.N. mission in the DR Congo, MONUSCO, currently has two such drones. The drones, which are unarmed and exclusively equipped for surveillance flights, are intended to help the U.N.to watch over North Kivu, a mineral-rich province prey to dozens of armed movements, which MONUSCO troops have been ordered to neutralise, including by force. The aircraft will also be used to survey the porous borders between North Kivu and Rwanda and Uganda, in a bid to prevent these countries from providing support to groups inside DR Congo. However, Rwanda and Uganda have denied the charges of backing the M23. Page 81 DECEMBER 2013 The U.N. accused both neighbouring countries of backing a powerful rebel group, the M23, which surrendered in November, 2013 after a joint assault by the Congolese army and a new UN special intervention brigade. ethnic contest for More about MONUSCO – UNO Stabilization Mission in the Democratic Republic of the Congo MONUSCO took over from an earlier UN peacekeeping operation – the United Nations Organization Mission in Democratic Republic of the Congo (MONUC) – on 1 July 2010. The new mission was authorized to use all necessary means to carry out its mandate relating, among other things, to the protection of civilians, humanitarian personnel and human rights defenders under imminent threat of physical violence and to support the Government of the DRC in its stabilization and peace consolidation efforts. Future reconfigurations of MONUSCO would be determined as the situation evolved on the ground, including: the completion of ongoing military operations in North and South Kivu as well as the Orientale provinces; improved government capacity to protect the population effectively; and the consolidation of state authority throughout the territory. political supremacy, but a larger tussle for the control and diversion of South Sudan’s rich energy and mineral resources. This has also resulted in death of three Indian UN peacekeepers. More than 500 people have so far been killed amid fears that a civil war may be on the cards. The fighting has coincided with attacks on certain oil companies, signalling that the brewing political struggle could mask a larger tussle for control over the country’s resources. Land-locked South Sudan exports around 220,000 barrels a day from reserves that are the third highest after Nigeria and Angola in sub-Saharan Africa. Courtesyhttp://news.bbcimg.co.uk/media/images/5414 5000/gif/_54145841_southsudan_map.gif (image) Courtesy – http://monusco.unmissions.org/ (To know more about disputes in Congo & M23 refer our ‘Insights Current Event Analysis October, 2013) South Sudan flare-up South Sudan is in turmoil once again- the reason behind is not because of the interhttp://insightsonindia.com INSIGHTS More about South Sudan & Sudan’s Conflict: South Sudan gained independence from Sudan on 9 July 2011 as the outcome of a 2005 peace deal that ended Africa’s longest-running civil war. Page 82 DECEMBER 2013 An overwhelming majority of South Sudanese voted in a January 2011 referendum to secede and become Africa’s first new country since Eritrea split from Ethiopia in 1993. The new nation stands to benefit from inheriting the bulk of Sudan’s oil wealth, but continuing disputes with Khartoum and a lack of economic development cloud its immediate future. Long based on subsistence agriculture, South Sudan’s economy is now highly oil-dependent. While an estimated 75% of all the former Sudan’s oil reserves are in South Sudan, the refineries and the pipeline to the Red Sea are in Sudan. In January 2012, the breakdown of talks on the sharing of oil revenues led South Sudan to halt oil production and halve public spending on all but salaries. A deal in March 2013 provided for Sudan to resume pumping South Sudanese oil in May, and created a demilitarised border zone. Despite the potential oil wealth, South Sudan is one of Africa’s least developed countries. However, the years since the 2005 peace accord ushered in an economic revival and investment in utilities and other infrastructure. Courtesy- http://www.bbc.co.uk/news/worldafrica-14069082 Neighbours step up peace efforts in South Sudan Heavy fighting between government forces and rebels was raging in South Sudan’s key oilproducing north, as neighbouring Kenya and http://insightsonindia.com INSIGHTS Ethiopia stepped up efforts to broker an end to the civil war. Sudan People’s Liberation Army (SPLA) has said that, troops loyal to President Salva Kiir were battling forces allied to former VicePresident Riek Machar inside the town of Malakal, capital of the Upper Nile State. The troops were preparing an offensive against Bentiu, the main town in oil-rich Unity State, to follow on from their recapture of Bor, another State capital that had fallen into rebel hands during the nearly two weeks of clashes in the world’s youngest nation. Crisis in South Sudan and its international implications Though South Sudan became independent from the Republic of the Sudan in 2011, the future of the new nation was always uncertain. The conflict now raging in the world’s youngest state has serious regional and international implications Just as Eritrea, which obtained its independence from Ethiopia in 1991 but has been deeply troubled ever since, this current conflict is about ‘poor political leadership’ within a country that is still in need of a massive state-building exercise. The violence, fighting and displacement that broke out on 15 December, 2013 was not a deliberate coup, but the result of deteriorating relations between the President, Salva Kiir, and his ex-Vice President, Riek Machar. Mr. Kiir has become increasingly authoritarian over the past 18 months when the president tried to take fuller control of the republican guard, this developed into a standoff that Page 83 DECEMBER 2013 sparked what in effect became an accidental coup. Mind-mapping: Until this new crisis erupted, international engagement was focused on the border issues with Sudan and encouraging Mr. Kiir to reconcile with his former enemy, President alBashir of Sudan. What are the necessary/basic conditions for a newly independent nation to progress? (Think interms of political, economic and social angle) Though most of the African countries are rich in resources, they are considered to be less developed. Why? What implications would the Sudan crisis have on the regional and the international fora? The role of other countries in halting the crisis? There is also an ethnic dimension playing out between Nuer and Dinka- the president is a Dinka, while Mr. Machar represents the Nuer. This is nothing new for South Sudan, as interethnic tensions have been a feature of the political landscape here long before independence but the discovery of three mass graves by the UN in recent days signal how quickly this crisis has deepened. Mr. Kiir has deployed his army to fight supporters of Machar. Thousands have been killed and tens of thousands internally displaced by this fighting. A major crisis is looming and humanitarian access is now the most immediate international preoccupation. Egypt’s Foreign Minister Nabil Fahmy, has chosen India as the destination of his first visit to Asia .This signifies an important step in taking the relationship of the two countries further. EGYPT Egypt to expand ties with India Following which the UN had announced it is doubling its forces on the ground, and the leaders of Kenya and Ethiopia have also visited South Sudan’s capital, Juba to try to halt the fighting. The crisis has already internationalised with Ugandan troop intervention. As the regime in Egypt prepares for a referendum in January, 2014 on a new pattern of government, India is looking to take forward discussions held during ousted President Mohamed Morsy’s visit especially in the areas of defence, long term oil supply arrangements, joint ventures in refining and fertilizers and greater cooperation in science and technology. What is most depressing for South Sudan is that whether Mr. Kiir succeeds militarily over Mr. Machar or there is a negotiated compromise, the country is likely to become more autocratic.An elite power struggle within the tiny leadership looks to be drawing the whole country into a full civil war that is rapidly developing ethnic dimensions. The two Foreign Ministers (India & Egypt) also discussed specific issues related to enhancing economic cooperation, including need to ease work permit regulations for professionals. Currently, the bilateral trade was $5.4 billion. India is the third largest destination of Egyptian exports ($2.6 billion) and Egypt is the http://insightsonindia.com INSIGHTS Page 84 DECEMBER 2013 11th largest destination of Indian exports ($2.9 billion). The Indian government has also approved to establish a Centre of Excellence in Information Technology at Al Azhar University in Cairo. The centre, which will be set up as project under the India-Africa Forum Summit, is planned for completion in a year after the confirmation of infrastructure by the host institution. Once completed, it will be able to train 500 students annually. Egypt declares Muslim Brotherhood a terrorist group Egypt’s military-installed government has declared the Muslim Brotherhood of ousted president Mohamed Morsy a “terrorist” group banning all its activities (even protests‘strikes’) The decision is likely to accelerate a crackdown on the movement that has killed more than 1,000 people, mostly Islamists, in street clashes and imprisoned thousands since Mr. Morsy’s overthrow by the military in July, 2013. However, Mr. Morsy’s supporters, who continue to organise demonstrations demanding his reinstatement, insist they are for peaceful protest. EUROPE Pro-EU Ukrainians have defied a ban on protests and fears of police violence in Kiev to push for early elections after President Viktor Yanukovych rejected a historic EU pact. The ex-Soviet nation was thrown into its deepest crisis since the 2004 pro-democracy Orange Revolution when Yanukovych shunned the EU leaders at a Vilnius summit recently and opted to keep Ukraine aligned with its former master Russia. The government’s decision has sparked off mass demonstrations that has turned violent. The protestors have demanded for early elections as well as a countrywide strike, including daily rallies aimed at blocking the entrance to the Ukrainian government seat in the capital. They were defying a ban suddenly imposed by Kiev’s (Ukrain’s capital) main administrative court on all protests on the Kiev’s iconic Independence Square s and its surrounding streets until January 7, 2014. While the U.S. and the German authorities have called on the Ukrainian government to ensure freedom of assembly and to protect the peaceful demonstrators from any kind of intimidation and violence. The jailed former PM Yulia Tymoshenko (Yanukovych rival) whose release was a condition for signing the EU deal has called on Ukrainians to press ahead with their fight. Massive protest in Kiev (Ukraine) UKRAINE Pro-EU Ukrainians defy protest ban http://insightsonindia.com INSIGHTS Several hundred thousand Ukrainians occupied a central square in the capital denouncing President Viktor Yanukovych’s Page 85 DECEMBER 2013 decision to turn away from Europe and align this former Soviet republic with Russia. According to critics, Ukraine is on the verge of entering a Russian-led customs union that could end its sovereignty and place it back under Moscow’s rule. Struggle in Ukraine reflects larger battle between Europe and Russia There has been uprising in Kiev (Ukraine) over the Ukraine President’s refusal to sign far-reaching political and trade accords with the European Union (EU). The West is regrouping after Russia and its hard realpolitik out manoeuvred Europe, which had relied on its soft power. For both sides, the stakes are high. Western Europe is emerging from a five-year fiscal depression and is intent on renewing the eastward export of Western values; Russia is intent on blocking that advance and guarding its sphere of influence. The Russia had threatened trade sanctions if Ukraine signed the pact with the EU. Russia also indicated a potential willingness to spend billions in a bailout for Ukraine, to protect its military and financial interests, which include Black Sea naval bases and transnational gas pipelines. Whereas, the Western countries, by contrast, had mostly confined themselves on insisting that the Ukraine President to listen to his many citizens who want closer ties to Western Europe. President Vladimir Putin has come with a plan to buy $15 billion of Ukrainian bonds and slash Kiev’s bill (Ukraine) for Russian gas imports, in a boost for President Viktor Yanukovych as he faces a huge protests over a rejected EU pact. Russia also agreed to remove trade barriers it put up at the start of the year when it seemed that Ukraine was on the verge of signing a historic trade and political association agreement with Brussels that would have pulled it out of Russia’s orbit for the first time. The help from Russia may allow Ukraine to avoid the threat of an imminent balance of payments (BoP) crisis and possible default amid a recession that has seen the economy shrink since the first half of 2012. Mind-Mapping: Strategic importance of Ukraine to Russia and the West. Russian appeasement of its former USSR satellite states. Strategic Implications of Russian strong hold in the region (Central Asia). KOSOVO Kosovo, as an independent nation Kosovo had declared independence from Serbia in 2008. However it is still not Kosovo is recognised by the United States and a majority of EU members. But five, including Spain, which is battling separatist movements of its own, refuse to recognise it. Russia slashes gas price, to help Ukraine http://insightsonindia.com INSIGHTS Page 86 DECEMBER 2013 Serbia is also vehemently against recognising Kosovo’s independence, and Russia, a staunch Serbian ally and a veto-wielding member of the U.N. Security Council, has blocked Kosovo’s U.N. membership, stifling its economic and political development. deep balance of Mind-mapping: Is Kosovo an independent country? Issue with Kosovo. Why has there been an opposition for Kosovo’s independent status? Stakeholders involved- what are their reasons for supporting as well as opposing Kosovo’s independent status? Stand taken by the United Nations (U.N) in this regard? Courtesy – http://upload.wikimedia.org/wikipedia/en/e/e 5/Kosovo_1913-1992_CIA.jpg (image) IRELAND Ireland gets final IMF payout as it exits rescue The International Monetary Fund (IMF) has approved the 12th and last review of Ireland’s progress under its three-year rescue program allowing a final $890 million in support of its financial rebuilding. Ireland has pulled back from an exceptionally deep banking crisis, significantly improved its fiscal position, and regained its access to the international financial markets. payments crisis as the country along with many others across Europe struggled in the economic downturn. Challenges ahead: Ireland still faces significant economic challenges. Unemployment is too high, public debt sustainability remains fragile and heavy private sector debts and banks’ slow progress in resolving nonperforming loans weigh on domestic demand. Continued concerted policy implementation is therefore necessary for Ireland to recover fully from the crisis. Mind-mapping: Role and function of IMF and its relevance in the contemporary world (relevance to India)? What was Euro-crisis all about? Reasons behind it? Its impact on India and other developing countries? SOUTH AMERICA The IMF along with the European Commission, Denmark, Sweden and Britain took part in the €85-billion ($117 billion) rescue of the country, which aimed to stop a http://insightsonindia.com INSIGHTS URUGUAY Uruguay legalizes marijuana Page 87 DECEMBER 2013 Though consumption of marijuana is allowed in some countries, Uruguay has become the first country in the world to allow its citizens to grow and sell it. It involves a big cultural change that focuses on public health and the fight against drug trafficking. This experiment is being watched by several countries, which are getting tired of the U.S.led “war on drugs” and working on drug liberalisation policies. NORTH AMERICA CANADA India-Canada Bilateral relationship: Civil Nuclear ties, Energy Security, Investment India and Canada are aiming for closer partnerships in civil nuclear energy and hydrocarbons with the dissipation of distrust that kept them estranged for 40 years after India had conducted a nuclear test in 1974. In hydrocarbons tie-up, India will take first cargo of oil sourced from Canada’s east coast from the beginning of next year (January 2014). Indian refiners are interested in importing Alberta blended bitumen from its Saint John terminal. Canada’s ice-free marine terminal at Saint John would cater for Very Large Crude Carriers (VLCC), thus making transportation economical. (This would help Indian refiners as this product would be significant.) This relationship would be supplemented with a “collaborative approach” in the civil nuclear sector, decks for which have been cleared with http://insightsonindia.com INSIGHTS the signing of a civil nuclear accord and finalising of administrative arrangements. (Canada’s ties in the nuclear sphere had begun in the mid-1950s and lasted till India’s first nuclear test in 1974.) India and Canada have just completed an energy dialogue which has been elevated from the bureaucratic to ministerial level. The idea of developing shale oil and gas, mainly by the U.S. and Canada, has galvanized the geopolitics of the energy market. Three scenarios might emerge. First, the lowered gas prices will force key producers to readjust production and they may consider forming a cartel; second, gas may begin to be independently priced; and third, this independent pricing would ultimately have an effect on oil prices. Also Canada is rich in Uranium, which would help India in its Energy security. Both Prime Ministers had set the bilateral trade target at $15 billion by the end of 2015 fiscal. It would be assisted by a Comprehensive Economic Partnership Agreement (CEPA) (currently the negotiations for CEPA is going on). And with regard to Investments – Canadian pension funds are looking at India’s infrastructure requirements. The Canada Pension Plan Investment Board (CPPIB) had already announced investment of $200 million. To know more about CEPA, CECA refer our Insights Current Events Analysis, October 2013. Mind-mapping: Page 88 DECEMBER 2013 Reasons behind the distrust between the two countries (India & Canada) that kept them estranged for 40 years. India’s approach towards meeting its energy needs? Steps taken by GOI in this regard. Significance of CEPA, CECA. Difference between the two? The countries with which India has signed the pacts? What do you understand by ‘geo-politics’? Significance of Geopolitics? Strategic relationship between the two countries? India’s Nuclear Energy program. of its zone. The eastern and western limits of its ADIZ have not been expanded. Tensions rise as U.S. moves missile KOREA South Korea expands air defence zone South Korea has expanded its Air Defence Identification Zone (ADIZ) for the first time in six decades, in an apparent response to China’s decision to set up its first such zone over disputed parts of the East China Sea. Underlining how China’s decision has heightened regional tensions and has increased the likelihood of an incident in the contested skies over northeastern Asia, South Korea’s newly expanded ADIZ will overlap with northern areas of China’s zone. An ADIZ is not a territorial claim, but a defined area in international space within which countries monitor and track aircraft that are heading towards territorial airspace. interceptor batteries to Guam The probability of a nuclear exchange between North Korea and other nations including the U.S. has increased further after Pentagon (U.S military institution). has announced that it would be mobilising ground-based THAAD missile-interceptor batteries (The THAAD system includes a truck-mounted launcher and interceptor missiles) to protect its military bases on Guam, a U.S. territory located 3,380 km southeast of North Korea and home to 6,000 American military personnel, submarines and bombers. The move has been condemned by North Korea has U.S. aggression and has warned that a war could break out ‘today or tomorrow’. S.Korea’s announcement was seen as an attempt to bolster its control over parts of the East China Sea surrounding the Leodo reef, which, earlier, lay beyond the southern edge http://insightsonindia.com INSIGHTS Page 89 DECEMBER 2013 Courtesy – http://i.i.cbsi.com/cnwk.1d/i/tim/2013/04/03/ map_asia_korea_guam_620x_1.jpg (image 1) Related Information: Background: Guam was ceded to the US by Spain in 1898. Captured by the Japanese in 1941, it was retaken by the US three years later. The military installation on the island is one of the most strategically important US bases in the Pacific. However, Pentagon has argued that its deployment would only strengthen U.S. regional defence posture against the North Korean regional ballistic missile threat. The North Korean military cautioned that it had received final approval for military action against the U.S., particularly responding to what it called the ‘provocative U.S. use of nuclear-capable B-52 and B-2 stealth bombers in ongoing war games with South Korea.’ Even U.S. Defence Secretary has declared that North Korea posed “a real and clear danger” to South Korea, Japan and America, and it is allegedly that the untested North Korean Musudan missile had a theoretical range of 3,000 km and this could put all of South Korea and Japan within its reach. North Korea, meanwhile has held firm to its blockade of the South from the Kaesong factory park run, which both nations operate jointly. http://insightsonindia.com INSIGHTS Location: Oceania, island in the North Pacific Ocean, about three-quarters of the way from Hawaii to the Philippines. Guam is the largest and southernmost island in the Marianas Archipelago. Today Guam is an unincorporated, organized territory of the United States. The people of Guam have been U.S. citizens since 1950. Guam’s economy is based on tourism and U.S. military spending (U.S. naval and air force bases occupy one-third of the land on Guam). Courtesyhttp://geography.about.com/library/cia/blcus gu.htm Courtesyhttp://www.infoplease.com/country/guam.ht ml Mind-Mapping: Identification in the map of all the places in the region (North Korea, South Korea, Guam etc).Ill effects these confrontations might cause in the region. Page 90 DECEMBER 2013 Indian view point of the growing tensions in the region, Indian interests in the region and with the countries involved. Example for US intrusionist tendencies in Asian conflicts. Leading authors call for bill of digital rights Over 500 leading authors across the world, including five Nobel laureates, signed an open letter challenging the global mass surveillance of Internet and telephone communications by the U.S. National Security Agency, describing the Agency’s snooping as a “theft” of data and a force undermining democratic principles. Hailing from 81 different nations the authors, including Margaret Atwood, J.M. Coetzee, OrhanPamuk, and Günter Grass called on the U.N. to create an international “bill of digital rights” that would enshrine the protection of civil rights in the Internet age. They argued that the capacity of intelligence agencies to spy on millions of people’s digital communications is turning everyone into potential suspects, with worrying implications for the way societies work. They further demanded the right for people to determine “to what extent their personal data may be legally collected, stored and processed, and by whom; to obtain information on where their data is stored and how it is being used; to obtain the deletion of their data if it has been illegally collected and stored.” (The signatories comprised 22 Indian authors including AmitavGhosh, Arundhati Roy, GirishKarnad, JeetThayil, MukulKesavan, http://insightsonindia.com INSIGHTS RamchandraGuha, TishaniDoshi, SalilTripathi and Suketu Mehta.) Just recently had the chief executives of ‘leading tech firms’ such as Apple, Google, Facebook, Twitter and Microsoft urged for sweeping changes to surveillance programmes to stop the erosion of public trust. Relevance to India: A principle likely to be relevant to India’s concerns about the NSA’s surveillance is the alliance’s (leading tech firms) argument that ‘Governments should not require service providers to locate infrastructure within a country’s borders or operate locally.’ India was also keen on having e-mail service providers located within its territory and under its control. G8 aims to find dementia cure by 2025 At a summit of Health Ministers and experts in London, G8 members have decided to work together to find a cure or modifying therapy for dementia by 2025. The G8 countries have agreed to significantly increase funding, develop a co-ordinated international research plan and encourage open access to research and information. They also called on the World Health Organization (WHO) to recognize dementia as “an increasing threat to global health” and urged society to continue and to enhance global efforts to reduce stigma, exclusion and fear. Dementia, which impairs cognitive ability, affects 36 million people around the world and Page 91 DECEMBER 2013 the WHO expects this number to almost double every two decades as the population ages. http://www.thehindu.com/todays-paper/tpopinion/nationalism-and-freepress/article5438257.ece More about G8: The Group of Eight (G8) is a forum for the governments of eight of the world’s largest national economies as nominal GDP with higher Human Development Index; not included are India at 9th, Brazil at 7th and China at 2nd. The forum originated with a 1975 summit hosted by France that brought together representatives of six governments: France, the Federal Republic of Germany, Italy, Japan, the United Kingdom, and the United States; later Canada and Russia joined the group to make it G8. Lately, both France and the United Kingdom have expressed a desire to expand the group to include five developing countries, referred to as the Outreach Five (O5) or the Plus Five: Brazil (7th country in the world by nominal GDP), People’s Republic of China (2nd country in the world by GDP), India (9th country in the world by GDP), Mexico, and South Africa. These countries have participated as guests in previous meetings, which are sometimes called G8+5. CourtesyWikipedia http://www.g8.utoronto.ca ECONOMICS & WTO: A good start in Bali, but biggest battle lies ahead. For a good article on ‘Nationalism and free press’, refer the below link- http://insightsonindia.com INSIGHTS The WTO’s relevance was fading away, with countries forging bilateral trade pacts and powerful regional trade agreements, especially in the developed world. Page 92 DECEMBER 2013 But the recent trade agreement (also the ‘firstever’ trade agreement) reached in Bali has been seen as a big-boost to multilateralism. The agreement is designed to simplify customs procedures and lower trade barriers between countries. The International Chamber of Commerce has estimated that the Bali deal will cut trade costs by 10-15% even as it adds an estimated $1 trillion to global trade. How realistic these numbers are will only be proved in the years ahead, but there is little doubt that global trade will get a significant boost from the Bali agreement. In a sense, the emergence of regional trade blocs which was seen as a threat to the WTO eventually proved to be its saviour as emerging economies such as India, Brazil, South Africa and Russia, realised the WTO was critical to their interests. The unyielding stance of India on protecting its farm subsidies which are set to increase following the enactment of the Food Security Act did cause some friction amongst the member-countries and at one stage even seemed set to hold up an eventual agreement. The ‘interim mechanism’ devised will allow India to continue with its agricultural support price programme undisturbed until a final solution is negotiated. A phase of difficult and tactful negotiations is ahead for India, as it seeks to get its farm subsidy programme into the WTO framework; support from other developing countries with similar programmes is crucial here. Indeed, from a larger perspective, the agreement at Bali is just the beginning. A lot of hard work lies ahead for the WTO, and the WTO chairman Mr. Azevedo too has acknowledged this. http://insightsonindia.com INSIGHTS Trade negotiators need to carry forward the positive momentum built up at Bali as they seek to push through the Doha Round agenda. This will not be easy though, as negotiators will have to contend with regional groupings such as the Trans-Pacific Partnership, which involves the U.S., Japan and ten other Pacific Rim countries, and the powerful trans-Atlantic alliance between the U.S. and the European Union, negotiations for which are now on. Bali may have infused life into the WTO but its biggest battles lie ahead. Mind-mapping: Which kind of relationship – Multilateral & Bilateral is better for the developing world and why? Why are regional trade blocks seen as a threat to WTO? Do you agree? What was the agenda of the Doha round of negotiations? Why was it stalled all these years? What were the demands of developed and the developing countries? Relevance of WTO in the 21st century. Why was India against the ‘peace clause’ that was mooted by the developed countries, especially U.S? What impact it would have on developing countries? What kind of farm subsidies are provided in India and how does it violate WTO commitments? What kinds of subsidies are provided by developed nations and why does it now violate WTO rules? Impact on Indian agriculture and farmers if the demands on subsidy cut are agreed. The real winners at Bali At the 9th Ministerial meeting (on December 6th, 2013) at Bali in Indonesia, trade Ministers, representing the 159 members of the World Page 93 DECEMBER 2013 Trade Organization (WTO), managed to reach an agreement. The fact that an agreement was finally possible was seen as more significant than the issues on which a consensus was reached. This is because the WTO and the Doha round, in particular, was losing its relevance off-late. Days before the Bali meet, discussions, among trade officials, were leading to nowhere. It was widely feared that the Bali ministerial would go the way of all its predecessors. The Doha development round was launched way back in 2001, soon after the terrorist attack in the U.S. in a bold move to infuse confidence in world trade. There were number of negotiations that took place during the 12long years yet it failed to produce a single agreement. WTO’s relevance, especially Doha negotiations and the very basis of multilateral trade that the WTO has been propagating was being questioned. Thus, as member-countries started reposing faith in bilateral agreements among countries and regional pacts to reap short-term gains, world trade was getting divided, making the eventual move towards multilateral trade that much more difficult. India and other developing countries, even while actively pursuing the bilateral route and regional pacts, had every reason to worry over the long-term consequences of the drift away from multilateral trade. In many ways, the Bali agreement was driven by a fear that the big emerging economies would be left out of two giant trade pacts in the offing. Specifically, the U.S. and the EU have launched negotiations to conclude a trans-atlantic trade agreement. Japan and ten http://insightsonindia.com INSIGHTS other Pacific Rim countries are getting close to finalising a Trans-Pacific Partnership. India, Indonesia, Brazil and Russia were unlikely to figure in the above pacts. But with a revived WTO, now the emerging economies can have a voice in the global trade. Role of the new WTO Secretary-General, Roberto Azevedo: The role of the new WTO Secretary-General, Roberto Azevedo, has been very significant. Before the Bali meet, there were apprehensions that a career diplomat from Brazil, a developing country, would not quite fit the role. Neither the E.U. nor the U.S. had backed his candidature unequivocally. In these circumstances, Mr. Azevedo pulled off a deal, which, under WTO rules, requires unanimous support from all members. A revived WTO is good for all countries. Its success in years to come will depend how the more intractable parts of the Doha round are taken care of. Implications on India: The Bali Declaration has major implications for India and other developing countries. Of the two main issues ‘food security’ and ‘trade facilitation’ on which the agreement was reached, the former concerns India and other developing countries, which need to subsidise food for the poor, while the latter is significant for developed and developing countries The core discussions on agriculture centred on two viewpoints on the price benchmark for the valuation of food stocks that a country can legally hold. India wanted current prices to be the basis, but that was not acceptable to the Page 94 DECEMBER 2013 U.S. and many others. Among other reasons, it would involve amending the Uruguay Round agreements. India, as an alternative, proposed an interim solution. what the TRAI had suggested. The Empowered Group of Ministers has approved the price recommended by the Commission. EGoM approves M&A norms for telecom The U.S. suggestion for a sunset clause of four years was not acceptable to India. A final deal was struck to have an interim agreement until a more permanent arrangement was worked out. So, obviously, many more rounds of discussions are on the cards. SPECTRUM PRICING:: Government expects spectrum auction to meet target The government is confident that spectrum auction in January, 2014 will be successful and meet the revenue target of Rs. 40,000 crore. Significantly, post-2G scam, two auctions failed to attract companies and garner the projected revenues. For the January auction, the Dept. of Telecom has set a total revenue target of Rs. 40,874.5 crore, including auction amount, one-time spectrum charge and annual regular licence fee. Telecom experts and mobile companies fear the higher spectrum price might hinder the government’s projected target. The Telecom Regulatory Authority of India (TRAI) had recommended up to 60 % cut in the auction reserve price in the 900 MHz band in the Delhi, Mumbai and Kolkata circles. And it had suggested a 37 % cut in the reserve price in the 1800 MHz band. Later, the Telecom Commission had suggested hiking the reserve price of pan-India spectrum by 15 and 25 % higher in important circles over http://insightsonindia.com INSIGHTS The Empowered Group of Ministers (EGoM) on Telecom, has approved the ‘mergers and acquisitions’ (M&A) guidelines, besides clearing the sale of over 400 MHz of 2G spectrum (1800 MHz band ), a move that would help further growth and consolidation of the cellular phone market in the country. The clearance of 400 MHz of 2G spectrum is valued at about Rs.36,000 crore, as per the reserve price recommended by the Telecom Commission, the Department of Telecommunications’ highest decision-making body. The Telecom Commission had already approved the draft M&A guidelines, which says that the market share of a merged entity should not exceed 50% of the subscriber base. Union Cabinet clears spectrum prices The Union Cabinet has approved the reserved prices for spectrum sale as recommended by the Empowered Group of Ministers (EGoM) on telecom Rs.1,765 crore per MHz pan-India for 1800 MHz band and Rs.360 crore, Rs.328 crore and Rs.125 crore per MHz in metro service areas of Delhi, Mumbai and Kolkata, respectively, for 900 MHz band. Notably, the spectrum prices were 26% lower than the base price in case of 1800 MHz band and 53% less in 900 MHz band than the previous auction prices. The government is Page 95 DECEMBER 2013 hoping to garner over Rs.48,000 crore from the spectrum sale slated in January, 2014. The decisions will result in further efficient utilisation of the scarce natural resource of spectrum facilitating expansion of telecom services in the country. (The EGoM, headed by Finance Minister P. Chidambaram, had suggested the minimum price for the auction of spectrum in the 1800 MHz band at a 15 % higher rate than suggested by the Telecom Regulatory Authority of India (TRAI) at Rs.1,496 crore.) GAS PRICING:: Revenue-sharing norm for oil sector as per recommendation of Rangarajan Committee & CAG The Finance Ministry has asked the Petroleum and Natural Gas Ministry to formulate a proposal for inter-Ministerial consultations on the revenue sharing arrangement suggested by the Rangarajan Committee for the oil and gas sector. In the 2013 Budget speech the Finance Minister had stated that oil and gas exploration contracts would be awarded on a revenue-sharing basis, shifting from the current profit-sharing one. The Comptroller and Auditor General (CAG), in its report in 2012, had strongly pitched for shifting to a revenue-sharing formula, stating that the current production-sharing contracts (PSCs) provided for explorers to first recover all of their capital and operating expenditure before sharing profits with the government under a specific formula. However, gas http://insightsonindia.com INSIGHTS producers have strongly opposed to the new formula. But the Finance Ministry is keen that the new formula should be adopted for the oil and gas blocks offering under New Exploration Licensing Policy (NELP) Round X, expected in 2014. The CAG had, in its report, criticised the Petroleum Ministry and the DirectorateGeneral of Hydrocarbons for having failed to protect the government’s financial interests, and had called for structural changes in the present PSCs for the management of hydrocarbon exploration and production, involving the private sector. Under the revenue-sharing model, there is no element of cost-recovery, and the government and the operator will share revenues according to a pre-determined formula. Double taxation Avoidance Agreement (DTAA) What is Double Taxation? Double taxation is the levying of tax by two or more jurisdictions on the same declared income (in the case of income taxes), asset (in the case of capital taxes), or financial transaction (in the case of sales taxes). This double liability is often mitigated by tax treaties between countries. What is Double Tax Avoidance Agreement (DTAA)? DTAA also referred as Tax Treaty is a bilateral economic agreement between two nations that aims to avoid or eliminate double taxation of the same income in two countries. Page 96 DECEMBER 2013 DTAA provides that business profits will be taxable in the source country if the activities of an enterprise constitute a permanent establishment (PE) Advantages: Deals with the black money menace Provides solutions to avoid double taxation of same income The agreements generally provide for other matters of common interest of the two countries such as exchange of information, mutual assistance procedure for resolution of disputes and for mutual assistance in effecting recovery of taxes It will provide tax stability to the residents of both the countries and will facilitate mutual economic Example: A large number of foreign institutional investors who trade on the Indian stock markets operate from Mauritius and the second being Singapore. According to the tax treaty between India and Mauritius, capital gains arising from the sale of shares are taxable in the country of residence of the shareholder and not in the country of residence of the company whose shares have been sold. Therefore, a company resident in Mauritius selling shares of an Indian company will not pay tax in India. Since there is no capital gains tax in Mauritius, the gain will escape tax altogether. CourtesyEconomic Times, Wikipedia, http://www.goodreturns.in/classroom/2013/07/ what-is-double-taxation-avoidanceagreementdtaa-193501.html http://insightsonindia.com INSIGHTS CIL gets clearance for CBM gas exploration The Union Cabinet has given its approval to allow Coal India Ltd. (CIL) to carry out exploration of coal bed methane (CBM) gas in its existing mines, a move that will unlock nearly 100 million tonnes of medium grade coking coal and about one trillion cubic feet (tcf) of gas. The existing rules prohibit mining firms from extracting CBM during mining as the policy does not allow for simultaneous extraction of CBM and coal. CBM exploration and production is allowed only in pure coal-seam gas bearing blocks, which are auctioned. Since 2001, 33 CBM blocks have been awarded in four auction rounds. According to the Directorate General of Hydrocarbons (DGH), India has CBM reserves of about 4.6 trillion cubic metres. At present, three CBM blocks are producing around 0.15 million standard cubic metres per day (mscmd). This is likely to touch 7.4 mscmd by 2013. CIL holds at least 20% of the estimated 60 billion tonnes of coal resources in India. It has coal mines in eight States, which are estimated to have CBM reserves of 3.5-4 trillion cubic feet. It was felt that many of the acreage of CIL were gaseous and unsafe mines, where mining of coal would be possible only after the extraction of CBM. Extracting methane gas ahead of coal mining from seams will allow CIL help unlock very significant quantities of coal reserves in areas of Jharkhand, West Bengal. Mind-Mapping: Page 97 DECEMBER 2013 Potential of coal bed methane in overcoming the energy deficit India is facing. Some externalities while extracting CBM like its effect on environment, health etc. Identification on map of CBM resources in India. (prelims point of view) Higher gas price for RIL gets Cabinet nod The Cabinet Committee on Economic Affairs (CCEA) has approved giving Reliance Industries Ltd. (RIL) a higher price for natural gas from April 2013, subject to the company furnishing $135 million bank guarantee every quarter. According to the proposal approved by the Cabinet, the bank guarantee will be encashed if it is proved that RIL hoarded gas or deliberately suppressed production at the Dhirubhai-1 and 3 main gas fields in its eastern offshore KG-D6 block. The bank guarantee will cover the difference between the current gas price of $4.2 per million British thermal unit (mBtu) and the new rate which will come into effect from April 1, 2013. independent international experts, RIL would have to keep furnishing the bank guarantee. Recently, the Finance Ministry had advocated some changes in the approved formula by excluding liquefied natural gas (LNG) purchases from the spot market, which, it said, was highly volatile. Prices of natural gas would be revised every quarter based on the average of the past four quarters, with a gap of one quarter. However, there was no word on the point raised by the Finance Ministry recently seeking a cap on the gas prices. Facts & Figures: Gas production from the D1&D3 fields has fallen to less than 10 million metric standard cubic metres per day (mmscmd) from the peak of 54 mmscmd in March, 2010. Production has been lower than the target since the latter half of fiscal 2010-11, and it should currently have been 80 mmscmd, as per the 2006 investment plan. Output from the MA oil and gas field in the KG-D6 block, too, has fallen over 62%. Mind-Mapping: The Oil Ministry had initially proposed to deny the new gas prices (starting from April, 2014) till such time that RIL either made up for the shortfall in output during the past three years, or it is proved that the company was not responsible for production falling below targets. In fact, this had held up the notification of the new gas pricing formula that would be applicable to all producers in the public and private sectors for all forms of gas produced. The Petroleum Ministry has proposed that till the hoarding issue is resolved through arbitration and validation by http://insightsonindia.com INSIGHTS Availability of natural gas in India. Composition of natural gas. Comparative analysis of environment impact of using natural gas, coal, LPG etc. Types of natural gases. Pricing mechanism of natural gas and similar fuels in India. Its upstream and downstream impact on various industries and end users etc. Higher gas price will help raise domestic production Page 98 DECEMBER 2013 The decision to almost double the natural gas price from April, 2013 would encourage investments in exploration and production (since a lot of money on technology and research to access the hydrocarbon) and in turn reduce the country’s dependence on imports. According to the Petroleum Minister: The higher gas price would help in increasing the production over 3 trillion cubic feet (tcf) of gas reserves, which had been declared economically unviable at the current price of $4.2 per mBtu. Several gas discoveries of firms such as Oil and Natural Gas Corporation (ONGC) and RIL had been declared unviable by the Directorate General of Hydrocarbons (DGH) as the current gas price of $4.2 per mBtu was inadequate to cover the cost of production. “The option before the country is to either keep the gas finds under wraps and continue importing gas at $12-13 or pay much lesser than this price to domestic producers to bring the discoveries to production and cut foreign exchange outgo on imports. India might also end up importing 100 % if exploration is not encouraged. The new price from April, 2013 would apply to all public and private producers of conventional gas and non-conventional fuel like coal-bed methane and shale gas. Mind-Mapping: Importance of Domestic resource mobilization? Some externalities while extracting coal like its effect on environment, health etc. http://insightsonindia.com INSIGHTS What impact would it have on the stakeholders (producers, end-consumers, government) and the country’s economy with the increase in the price of the natural gas? What are conventional and nonconventional fuels available in India? How best has India used its resources? Suggestions for making the optimum use of these resources. Finance Ministry backs cap on gas prices In the backdrop of a draft Cabinet note floated by the Petroleum Ministry to allow Reliance Industries Limited (RIL) to charge higher prices and furnish bank guarantee for the shortfall in the KG D6 gas production till it is verified by independent experts, the Finance Ministry has strongly pitched for putting a cap on the prices of natural gas, likely to come into effect from April 1, 2014, under the new pricing policy. Issue with Gas pricing: The Finance Ministry has said that it was important to put a ceiling on the gas price to protect the interests of both the government and the consumers in case there is an unreasonable increase in the gas prices. On similar lines, the Fertilizer and Power Ministries had already warned that, this could lead to a much higher outgo of subsidy. The Cabinet had, in June, 2013 approved the Rangarajan formula for gas pricing to be made effective for five years from April, 2014, with a provision for a quarterly provision. The new formula has yet not been notified, as the Finance Ministry had wanted that RIL Page 99 DECEMBER 2013 should be denied the higher gas prices from its existing fields because output had fallen far below what was committed in the approved development plan. Initially, the Petroleum Ministry agreed with the Finance Ministry’s opinion but then recently it has moved a revised note, suggesting that RIL be asked to give bank guarantee which can be encashed if it was proven that the company had hoarded gas by deliberately keeping output low. On the positive side, the ceiling would take care of the interest of the gas producers as a downswing in international market may adversely impact their financial fortunes and a ceiling would provide them a much desired stability. Mind –Mapping: What was the basis of Rangarajan’s formula on ‘gas pricing’? On what basis are the international pricing of the gas done? How is it done in India? What is the issue with the Gas pricing? Why is the cap proposed? How would this impact the Government, the producers and the end customers? Panel seeks review of Rangarajan formula on gas pricing The Standing Committee on Petroleum and Natural Gas has sought a review of the Rangarajan formula for gas pricing, saying that the price should be fixed after factoring in the domestic cost of production. Recommendation of the Committee: According to the committee, the proposed formula is a simple average of two http://insightsonindia.com INSIGHTS methodologies- price of imports of LNG into India by different suppliers and weighted average of prices of natural gas prevailing at Henry Hub in USA, National Balancing Point (NBP) in London and netback import price at the well head of suppliers into Japan. Also the benefit of lower gas price at Henry Hub has been largely diluted by the inclusion of Japan’s liquefied natural gas prices, which includes 60% royalty component linkage to Japanese Crude Cocktail and host of other factors. The panel, headed by Andhra Pradesh MP Aruna Kumar Vundavalli, was of the view that Russia, which exports 40 to 50 % of its gas to Europe at a price of about $8.77 per mBtu, could be a better indicator of gas price. Russia is the world’s second largest gas producer and consuming country in the world and its prices could be incorporated as one of the reference price in the pricing formula. The committee also pointed at omission of domestic cost of production of natural gas, which ranges from $2.48 to $3.63 for private and public sector firms, in the formula.The committee has recommended factoring domestic cost of production of gas for arriving at the price, and fixation of price of gas in rupee terms. According to the Rangarjan pricing formula, the price will be revised quarterly. Prices for each quarter will be calculated based on the 12-month trailing average price with a lag of one quarter (i.e. price for April to June 2014 will be calculated based on the average for 12 months ended December 31, 2013). Using the approved formula, gas price in April-June (2014) is estimated at $8.2-8.4, nearly double the current selling price of $4.20. Page 100 DECEMBER 2013 Related information: Policy on disposing surplus coal A three-member panel, headed by Planning Commission (PC) member B.K. Chaturvedi, has said that the captive coal mining players should not be allowed to transfer surplus coal outside the end-use sector which they had been allocated for, and any surplus coal with them should be transferred to either the nearest Coal India Ltd. (CIL) subsidiary or other firms in the same sector facing shortage of coal in linkage coal from CIL. And regarding ‘coal banking system’ (The coal banking proposal will allow companies to transfer coal to another company, where the end-use project has been commissioned before the coal block, and receive the coal at a later stage) CIL has expressed its reluctant to be a part of any coal-banking arrangement. The Power Ministry had conveyed to the committee as well as the Planning Commission that any coal banking system should not lead to profiteering among coal block holders. The government had allocated a total of 218 captive blocks to companies between 1993 and 2011. Of these, 47 blocks have been de-allocated. Captive coal-mining companies were expected to produce 100 tonnes by the end of the last five-year Plan period in March 2012. However, production from captive coal mines has remained stagnant at 30-36 million tonnes over the past four years, giving rise to coal availability crisis. During the same period, CIL’s production has grown by 4.8% to 452 million tonnes. http://insightsonindia.com INSIGHTS Under the Coal Mine Nationalization Act (1973), Coal Mining was exclusively reserved for public sector. Subsequent amendments & notifications allowed select end user industries to engage in captive coal miningIron & Steel Industries, Power generation, Cement Production.Two modes of dispensation – Captive dispensation: For a specified end-use to both Private & Govt. companies Govt. dispensation: No end use restriction but only to Govt. companies Since 1993, a total of 198 coal blocks have been awarded to various private & Govt. companies of which 128 have been through Captive Dispensation and the rest through Govt. dispensation route. However, only a handful of these mines are under commercial operation http://www.observerindia.com/cms/export/orf online/documents/coal/coal/AES-ppt.pdf CICs can raise funds via ECB The RBI has allowed holding companies or core investment companies (CICs) to raise funds through external commercial borrowings (ECB) for project use in special purpose vehicles (SPVs) involved in infrastructure sector. The ECB proceeds would be utilized either for fresh capital expenditure (capex) or for refinancing of existing rupee loans availed of from the domestic banking system for capex. Page 101 DECEMBER 2013 However, the RBI said that an earlier stipulation that maximum 25% of ECB raised by the infrastructure companies can be utilised for refinancing of the rupee loans availed from the domestic banking system (40% in case of power sector) would remain unchanged. The ECB for SPV can be raised up to 3 years after the commercial operations date of the SPV and the SPV should give an undertaking that no other method of funding will be utilized for that portion of fresh capital expenditure financed through ECB proceeds. For infrastructure and greenfield projects, funding up to 50% (through ECB) is allowed. In telecom sector too, up to 50% funding through ECBs is allowed. Borrowers can use 25% of the ECB to repay rupee debt and the remaining 75% should be used for new projects. A borrower cannot refinance its existing rupee loan through ECB. The money raised through ECB is cheaper given near-zero interest rates in the US and Europe, Indian companies can repay their existing expensive loans from that. What do you mean by a holding company? What do you mean by external commercial borrowings (ECB)? An external commercial borrowing (ECB) is an instrument used in India to facilitate the access to foreign money by Indian corporations and PSUs (public sector undertakings). ECBs include commercial bank loans, buyers’ credit, suppliers’ credit, securitised instruments such as floating rate notes and fixed rate bonds etc., credit from official export credit agencies and commercial borrowings from the private sector window of multilateral financial Institutions such as International Finance Corporation (Washington), ADB, AFIC, CDC, etc. ECBs cannot be used for investment in stock market or speculation in real estate. The DEA (Department of Economic Affairs), Ministry of Finance, Government of India along with Reserve Bank of India, monitors and regulates ECB guidelines and policies. http://insightsonindia.com INSIGHTS A holding company is a company or firm that owns other companies’ outstanding stock. The term usually refers to a company that does not produce goods or services itself; rather, its purpose is to own shares of other companies. Holding companies allow the reduction of risk for the owners and can allow the ownership and control of a number of different companies. In the United States, 80% or more of stock, in voting and value, must be owned before tax consolidation benefits such as taxfree dividends can be claimed. Courtesy – Wikipedia What are core investment companies (CICs)? Core Investment Companies, (CIC) are those companies which have their assets predominantly as investments in shares for holding stake in group companies but not for trading, and also do not carry on any other financial activity. Page 102 DECEMBER 2013 These companies a minimum 90% of their assets in the group concerns either in the form of equity, preference shares or convertibles bonds or loans. Further the component of equity holdings should not be less than 60% of their assets. RBI has now recognized that such CICs justifiably deserve a differential treatment in the regulatory prescription applicable to NonBanking Financial Companies which are nondeposit taking and systemically important. It is now decided by RBI that only those CICs having an asset size of Rs.100 crore and above would be treated as systemically important core investment companies. Courtesy – http://www.iibf.org.in/documents/Core_Inves tment_Companies.doc RBI allows interest rate futures on smaller tenors The RBI would introduce cash-settled interest rate futures on 10-year government bonds, and has also permitted exchanges to launch these derivatives in other smaller tenor securities in the future. The RBI had twice attempted to launch the interest rate futures (IRFs), in 2003 and 2009, but both attempts failed largely due to what participants called faulty product design. Market participants were keen on cash-settled futures rather than a physical delivery, which requires financial firms to deliver an actual security to the investor, as was the case in 2009. http://insightsonindia.com INSIGHTS The move has been hailed as bold and progressive. What do you mean by cash-settled interest rate futures? Cash Settlement is a method of settling forward contracts or futures contracts by cash rather than by physical delivery of the underlying asset. The parties settle by paying/receiving the loss/gain related to the contract in cash when the contract expires. In forward or future contracts, the buyer agrees to purchase some asset in the future at a price agreed upon today. In physically settled forward and future contracts, the full purchase price is paid by the buyer, and the actual asset is delivered by the seller. For example: Company A enters into a forward contract to buy 1 million barrels of oil at $70/barrel from company B on a future date. On that future date, Company A would have to pay $70 million to company B and in exchange receive 1 million barrels of oil. However, if the contract was cash-settled, the buyer and the seller would simply exchange the difference in the associated cash positions. “cash-settled interest rate futures” in simple terms (by our active participant) A future contract is one where a buyer and a seller enters into an agreement. 2. The agreement is that, the buyer will buy the commodity from the seller at a future date. However, when making the agreement, they agree for the a particular price of the commodity, which will be applicable to a future date. Page 103 DECEMBER 2013 3. So, if A and B enter into a future agreement of 3 months, for 10 barrels of crude oil at $75 per barrel, then A will buy from B 10 barrel of oil at $75 per barrel after 3 months. The price prevailing in the market after 3 months will not matter. So, if the prices are increased and reaches $100 per barrel after 3 months, A has made a profit of $25 per barrel (as he entered into agreement at $75 per barrel), however if the prices crash to $25/barrel, A incurred a loss of $25 per barrel. This is futures as far as I know. Now coming to “cash-settled interest rate futures” Here buyer and seller will enter into an agreement to buy an interest bearing asset, on a future date. Here the asset will be government securities or the bonds issued by the government. Now what is cash settlement: This means that on the future date when the deal is to be executed, only the difference in price will be transacted and not the actual asset. So, there will not by any trade of securities, but only the difference in the contract price and current market value of the security. [From our crude oil example, it will mean that on the delivery date, only the difference in crude prices will be transacted and not the actual crude oil] Challenges to the Banking Sector The annual report on “Trend and Progress of Banking in India’’ is w.r.t the terms of the Banking Regulation Act 1949. The report is an authentic account of the developments in the financial sector. http://insightsonindia.com INSIGHTS Banks dominate the financial sector, accounting for over half of the financial flows in the economy. The principal challenges facing banks: The domestic economy is slowing down while at the global level there is only a modest recovery. Regulatory initiatives over the past year sought to enhance the quality of riskbased supervision, better oversight over financial conglomerates and improved coordination among regulators. Banks are being equipped to face the challenges of financial inclusion. More specifically, banks need to address certain key issues. Reduction in the level of NPAs (non-performing assets) is a primary task. Simultaneously loan recovery methods have to be improved upon and strengthened. Financial inclusion should be implemented in a sustainable way. For this suitable business and delivery models will have to be developed. The asset quality of banks has decreased significantly. Credit appraisal and post-loan monitoring are other crucial steps which need to be improved upon. Competition among banks and with the rest of the financial sector will increase. New banks are proposed to be licensed shortly. There is a need for decisive changes in the banking structure to enable it to grow in size, resources efficiency and inclusivity. Two important recent developments here are the licensing of new private banks and announcing clear guidelines for foreign banks to set up shop in India or expand their footprint in India. Though awarding licences to corporate houses (among others) remains a highly controversial idea. Page 104 DECEMBER 2013 Another area which will engage policy makers to a greater extent than now is strengthening the role of banks in inclusive development. Access to bank finance is still poor for many categories. They include the poor, rural and small and medium industries. Although recently a very large number of bank accounts have been opened, the actual number of transactions per account is still small, suggesting inadequacies on both demand and supply sides. Financial literacy will create awareness of bank schemes and thereby enhance the access to the financial system. Increased use of technology would help in achieving the goal of financial inclusion. Mauritius, India agree to ‘LoB’ clause Mauritius has agreed to include a ‘limitation of benefits (LoB)’ clause in its revised tax treaty with India. While specific details of this clause in the India-Mauritius tax treaty are being ironed out, LoB clauses are typically aimed at preventing ‘treaty shopping’ or inappropriate use of tax pacts by third-country investors. The LoB clause limits treaty benefits to those who meet certain conditions, including those related to business, residency and investment commitments of the entity seeking benefit of a Double Taxation Avoidance Agreement (DTAA). RBI governor blames domestic factors for economic woes Attributing the current economic woes to stimulus provided by the government to tide http://insightsonindia.com INSIGHTS over the global crisis of 2008, RBI Governor Raghuram Rajan has said it eventually led to an overheated economy, high inflation and uncomfortable fiscal and current account deficits. According to the RBI governor the economy had slowed to below 5% from an average of 8% during 2002-12, mainly on account of domestic factors. The slowdown was largely a result of domestic factors (institutional weakness, withdrawal of stimulus) and one-third due to global factors. While the stimulus did help growth initially, it eventually led to an over-heated economy, high inflation/wage growth and consequently deficits widening to uncomfortable highs. (The then Finance Minister, Pranab Mukherjee, gave three stimulus packages to industry to combat the impact of global financial meltdown of 2008) What do you Economy’? mean by ‘Overheated When a prolonged period of good economic growth and activity causes high levels of inflation (from increased consumer wealth) and inefficient supply allocations as producers overproduce and create excess production capacity in an attempt to capitalize on the high levels of wealth. Unfortunately, these inefficiencies and inflation will eventually hinder the economy’s growth and cause a recession. Rising rates of inflation are typically one of the first signs that an economy is overheating. As a result, governments and central banks will Page 105 DECEMBER 2013 usually raise interest rates in an attempt to lower the amount of spending and borrowing. http://www.investopedia.com CERC draft producers sets tougher norms for The Central Electricity Regulatory Commission (CERC),has announced draft tariff criteria for the power sector for 2014-19, which is likely to impact companies such as NTPC, Sutlej JalVidyut Nigam and NHPC. Draft Tariff criteria for the power sector for 2014-19: According to this draft, power tariffs will fall as the CERC has proposed to remove the tax arbitrage, which existed when companies such as NTPC charged a higher tax rate from its customers. The CERC has also changed the norms for operating and maintenance (O&M) expenses marginally, which, according to analysts, is set to increase, bringing in relief for power generation companies. Another highlight of the draft is the proposed tightening of operating norms for power producing and transmission companies by shifting incentives to their plant load factor (PLF) from the plant available factor (PAF). This will link incentives to actual power generated and the PLF, that is, the capacity at which the plant is operating. While private companies have been given permission to raise tariffs, the proposed change would affect state-run producers such as NTPC, whose existing incentives are linked to their available capacity for the State electricity boards (SEBs). http://insightsonindia.com INSIGHTS Thus, even if the NTPC’s plants could not generate the required power for lack of coal, it is still able to avail itself of the benefits. PLFs of most power generators have fallen below 70% in recent times owing to coal availability issues. The final regulations will be prepared in early 2014, after getting the relevant industry feedback. With regard to the above guidelines, NTPC has asserted that, it generates 27% of electricity in the country with 18% of the installed capacity. The company has been rated as number one company in the world in terms of capacity utilisation, and the revenue that it earns is because of the efficiency, experience, strength of specialised manpower and corporate and financial management. Very stringent regulatory norms will further deteriorate the financial health of the state sector generators. SEBI panel prescribes stricter norms on insider trading The Securities and Exchange Board of India(SEBI) panel, headed by former chief justice of India N. K. Sodhi, has suggested that trades by promoters, employees, directors and their immediate relatives would need to be disclosed internally to the company. The panel on insider trading also recommended that trades within a calendar quarter of a value beyond Rs. 10 lakh (or such other amount as the capital market regulator may specify) would be required to be disclosed to the stock exchanges. Code of fair disclosure Page 106 DECEMBER 2013 Every entity that has issued securities which are listed on a stock exchange or which are intended to be listed would be required to formulate and publish a code of fair disclosure governing disclosure of events and circumstances that would impact price discovery of its securities. The Committee has also suggested that each regulatory provision may be backed by a note on legislative intent. While enlarging the definition of “insider”, the term “connected person” has been defined more clearly and immediate relatives are presumed to be connected persons, with a right to rebut the presumption. The term “immediate relative” would cover close relatives who are either financially dependent or consult an insider in connection with trading in securities. Clarity on UPSI Further the regulations would bring greater clarity on what constitutes “unpublished price sensitive information” (UPSI) by defining what constitutes “generally available information”, essentially, information to which non-discriminatory public access would be available. A list of types of information that may ordinarily be regarded as price sensitive information has also been provided. Insiders would be prohibited from communicating, providing or allowing access to UPSI unless required for discharge of duties or for compliance with law. Insiders, who are liable to possess UPSI all round the year, would have the option to formulate pre-scheduled trading plans. In http://insightsonindia.com INSIGHTS such cases, the new UPSI that may come into their possession without having been with them when formulating the plan would not impede their ability to trade. The Committee suggested that every listed company and market intermediary is required to formulate a Code of Conduct to regulate, monitor and report trading in securities by its employees and other connected persons. Companies would be entitled to require thirdparty connected persons who are not employees to disclose their trading and holdings in securities of the company. SAT sets aside SEBI order in Polaris insider trading case The Securities Appellate Tribunal (SAT) has set aside an order passed by Securities and Exchange Board of India (SEBI) on October 9, 2012, holding Arun Jain, Chairman of Polaris Financial Technology, guilty of insider trading. The SEBI order had also banned Mr. Jain from the stock market, and prohibited him from dealing with shares for two years. The insider trading case, involving 15,080 Polaris shares dated back to 2000 when Polaris, after due diligence, called off the proposed acquisition of Data Inc of the U.S. in the 2nd week of September, 2000, but had belatedly informed the stock exchanges on September 30, 2000. When the company disclosed the above information to the stock exchanges, there was a decline in the price of its shares. From Rs.545 on September 29, to as low as Rs.390 on October 23, 2000. Page 107 DECEMBER 2013 About Securities Appellate Tribunal (SAT): SAT is a statutory body established under the provisions of Section 15K of the Securities and Exchange Board of India Act, 1992 to hear and dispose of appeals against orders passed by the SEBI or by an adjudicating officer under the Act and to exercise jurisdiction, powers and authority conferred on the Tribunal by or under this Act or any other law for the time being in force. Courtesy- http://sat.gov.in/ CCI nod for Jet-Etihad deal challenged Former Air India Executive Director Jitender Bhargava has challenged the CCI (Competition Commission of India) clearance to the Rs.2,060-crore Jet-Eithad deal in the Competition Appellate Tribunal (Compact). The CCI has sought explanations from the two carriers in this regard to ascertain whether they failed to provide information on certain commercial pacts, which could raise anticompetition concerns. Goal: is to create and sustain fair competition in the economy that will provide a ‘level playing field’ to the producers and make the markets work for the welfare of the consumers. Competition Commission of India (CCI) The objectives of the Act are sought to be achieved through the Competition Commission of India (CCI), which has been established by the Central Government with effect from 14th October 2003. CCI consists of a Chairperson and 6 Members appointed by the Central Government. It is the duty of the Commission to eliminate practices having adverse effect on competition, promote and sustain competition, protect the interests of consumers and ensure freedom of trade in the markets of India. Related information: The Commission is also required to give opinion on competition issues on a reference received from a statutory authority established under any law and to undertake competition advocacy, create public awareness and impart training on competition issues. The Competition Act Courtesy- http://www.cci.gov.in/ The Competition Act, 2002, as amended by the Competition (Amendment) Act, 2007, follows the philosophy of modern competition laws. The Act prohibits anti-competitive agreements, abuse of dominant position by enterprises and regulates combinations (acquisition, acquiring of control and M&A), which causes or likely to cause an appreciable adverse effect on competition within India. Mind -mapping http://insightsonindia.com INSIGHTS Purpose and Objective of setting up CCI? Need of such a commission? Consequences, in absence of such a regulatory body. Recent examples- cartelisation among traders in determining Cement prices, Onion prices, etc. Other regulatory bodies in India; Role and significance of such bodies. Page 108 DECEMBER 2013 CCI suggests more players in coal sector In a recent order, the Competition Commission of India (CCI) has recommended to the government that the coal mining sector be restructured by introducing more players. Due to Coal India’ monopoly, electricity consumers are paying higher user charges. According to the order, the effects of various anti-competitive factors identified in the coal sector on the rest of the economy are widespread and create systemic risk. And inefficiencies in any one segment are felt in the entire value chain with a cascading impact on the end-consumers of electricity. (The order passed on December 9, 2013 had penalised Coal India Rs.1,773 crore for abuse of market dominance.) India’s trade deficit with China nears record $30 billion The latest figures have cast doubt on whether that target may be achieved. During the period under reference, even as China’s trade with the rest of Asia as well as with its major Western trading partners has picked up, trade with India has remained in a slump, suggesting that causes were more structural rather than a reflection of global trends. After 11 months of this year, India’s exports to China reached only $14.87 billion out of total bilateral trade of $59.24 billion. Trade has grown more than 50 times since 2006, when the Nathu La pass, between Sikkim and the Shigatse prefecture in Tibet, was reopened. Most of the trade is made up of imports of Indian goods into Tibet, which reached $12 million in 2012. (The border market is open for only six months of the year) Mind-mapping: According to a newly released trade data, India’s trade deficit with China in this year (till November, 2013) has reached a record $29.5 billion, exceeding last year’s annual figure, The numbers underline the sharp decline in once-burgeoning trade, which reached $74 billion in 2011 when China became India’s biggest trading partner. In 2012, there was a 20 % slump in India’s exports, largely on account of iron ore mining bans, coupled with the global slowdown, resulted in a 10 % decline as trade fell to $66.50 billion, even as both countries announced an ambitious $100 billion target for 2015. http://insightsonindia.com INSIGHTS India – China’s trade relationship over the years. Why does India have a huge trade deficit with China? How can this deficit be overcome? What steps are taken by Indian Government in this regard? Does the trade deficit have an impact on the security issues between the two countries? BITCOIN:: A mission to secure currency for bitcoin With India’s first bitcoin exchange gearing up to start operations hopefully by March,2014 hundreds of investors, enthusiasts and banking officials have come on a mission to Page 109 DECEMBER 2013 convince the government that the virtual currency is enduring and serious. in yuan, following new restrictions imposed by the People’s Bank of China. Started in 2008, bitcoin is the most prominent amongst a group of digital currencies – money that exists in the form of computer code, that do not have a central issuing authority. These virtual currencies are stored in electronic wallets and can be traded on online exchanges and converted into cash. Bitcoin, invented in the wake of the global financial crisis by a mysterious computer guru using the pseudonym Satoshi Nakamoto, is a form of cryptography-based e-money. It can be stored either virtually or on a user’s hard drive, and offers a largely anonymous payment system. At India’s first bitcoin conference organised by digital currency awareness organisation CoinMonk – the top issue was how to convince the government and regulators that the bitcoin ecosystem would be a valuable economic innovation and not the currency of choice for money laundering and illegal drug purchases. Reserve Bank warns against Bitcoin use According to the Director of Business Development at Buttercoin, bitcoin can help solve the problems of the unbanked rural population. And also it can be used as a potential remittance tool. Mind-mapping: What is Bitcoin? What implications would it have if Indian Govt. accepts Bitcoin? What is the stand taken by RBI with regard to bitcoin? What is the global scenario? Does legalizing/ accepting Bitcoin has more disadvantages than advantages, if so how? Bitcoin crashes in China Virtual currency Bitcoin, has crashed in China, falling almost 50 % after the country’s biggest trading platform BTC China banned deposits http://insightsonindia.com INSIGHTS The RBI has warned the public against the use of virtual currencies such as Bitcoin, pointing out that users expose themselves to potential financial, legal and security related risks. The advisory comes after the borderless digital currency has begun to gain widespread acceptance in India, despite poor Internet penetration and a natural scepticism to assets not backed by tangible entities such as land. The RBI also said that it had been examining the issues associated with the usage of virtual currencies under the legal and regulatory framework of the country. In its list of potential risks, the RBI has highlighted problems such as losses arising out of hacking, no sources of customer recourse and the general financial volatility surrounding Bitcoins. According to RBI, ‘the creation, trading or usage of virtual currencies including Bitcoins are not authorised by any central bank or monetary authority. As such, there is no established framework for recourse to customer problems’. Also as Bitcoins are being traded on exchange platforms, whose legal status is unclear, the traders of virtual Page 110 DECEMBER 2013 currencies are exposed to legal as well as financial risks. Bitcoins, and other virtual currencies, have been gaining currency quickly in India. According to SourceForge, an online platform that connects consumers to open-source projects such as Bitcoin and facilitates client downloads, there have been more than 35,000 downloads in India since the launch of Bitcoin in November, 2008. A number of India-based trading platforms and exchanges have sprung up over the last six months, catering to Indian users by allowing them to purchase Bitcoin in rupees. The RBI, however, has pointed out that no regulatory approval has been obtained by any entities that carry out such activities. Also there have been several media reports on the usage of Bitcoins for illicit and illegal activities. Hence the RBI has warned that, the absence of information of counterparties could subject users to unintentional breaches of anti-money laundering. Bitcoin exchanges shut shop in India India’s biggest Bitcoin trading platform, BuySellBitCo.in, has suspended its operations, citing a recent RBI public advisory that highlighted the risks involved in dealing with virtual currencies. The closure of BuySellBitCo.in, which sees about 12 million rupees of Bitcoin transactions every month, has caused panic among other operators and users with a number of other trading platforms such as INBRTC suspending services indefinitely. http://insightsonindia.com INSIGHTS Earlier, RBI had issued a notice, warning the public of the risks involved with virtual currencies while claiming that it could be used for money laundering and funding antiterrorism activities. It stopped short, however, of issuing a ban or any other restrictions. Bitcoin and other virtual currencies have begun to gain widespread acceptance in India, despite poor Internet penetration and a natural scepticism to assets not backed by tangible entities such as land. While countries such as China have banned financial companies from Bitcoin transactions, various U.S government agencies have said that Bitcoins offer legitimate benefits. To know more about Bitcoins refer our “Insights Current Events Magazine, NOVEMBER 2013” and http://insightsonindia.com/2013/12/17/allabout-bitcoins/ RBI outlines action plan to tackle NPAs The RBI has outlined a corrective action plan to minimise rising non-performing assets (NPAs). The plan would include incentivizing early identification of problem cases, timely restructuring of accounts, which are considered to be viable, and taking prompt steps by banks for recovery or sale of unviable accounts. Action Plan: The RBI has said that, it would set up a Central Repository of Information on Large Credits (CRILC) to collect, store, and disseminate credit data to lenders. Page 111 DECEMBER 2013 Banks will have to furnish credit information to CRILC on all their borrowers having aggregate fund-based and non-fund based exposure of Rs.5 crore and above. While all scheduled commercial banks will mandatorily contribute their credit information on their borrowers/customers as proposed, the RBI said that systemically important non-banking financial companies (NBFC-SI) would also be asked to furnish such information. In addition, banks would have to furnish details of all current accounts of their customers with outstanding balance (debit or credit) of Rs.1 crore and above. formation of a joint lenders’ forum (JLF) and formulation of corrective action plan (CAP). Further, with a view to limiting the number of JLFs to be formed, it is proposed that JLF formation would be made mandatory for distressed corporate borrowers, engaged in any type of activity, with aggregate fund based and non-fund based exposure of Rs.100 crore and above. Regarding NPA, Basel-III norms, asset quality refer to our ‘INSIGHTS CURRENT EVENTS ANALYSIS OCTOBER – 2013’ MAGAZINE) Mind-Mapping: The RBI said that before a loan account turns into an NPA, banks should identify incipient stress in the account by creating a new subasset category, ‘Special Mention Accounts’ (SMA). Within the SMA category, there should be three sub-categories: SMA-NF nonfinancial (NF) signals of incipient stress; SMA1 principal or interest payment overdue between 31-60 days; SMA-2 principal or interest payment overdue between 61-90 days. Banks will be required to report, among others, the SMA status of the borrower to the CRILC. Individual banks will have to closely monitor the accounts reported as SMA-1 or SMA-NF as these are the early warning signs of weaknesses in the account. “They should take up the issue with the borrower with a view to rectifying the deficiencies at the earliest.” The RBI also said that reporting of an account as SMA-2 by one or more lending banks/NBFC-SIs will trigger the mandatory http://insightsonindia.com INSIGHTS What is Non-Performing Asset? Impact of NPA on the Banking sector and the economy? Measures/Steps taken by RBI in this regard? What are Basel norms? Why have these norms been suggested? Has the Basel-III norm implemented in India? What are the pre-requisites to its implementation? India, Japan raise currency swap limit India and Japan, has tripled the limit for the currency swap arrangement to $50 billion. The Government of India has approved the enhancement of the bilateral currency swap arrangement between the RBI and the Bank of Japan from $15 billion to $50 billion. This measure will further strengthen the bilateral financial cooperation between Japan and India. To know more about Currency Swap, refer our “Insights Current Events Magazine, OCTOBER 2013” Page 112 DECEMBER 2013 SEBI makes voluntary IPO grading mechanism Regulations, 2013, which includes guidelines for determining the settlement terms. The Securities and Exchange Board of India (SEBI) has approved the SEBI (Procedure for Search and Seizure) Regulations, 2013, made on the lines of the provisions in the Income Tax Act, 1961’. This would provide detailed procedures for search and seizure by the regulator. However, SEBI has excluded serious offences such as insider trading, from the scope of settlement. In order to impart transparency in the process, the roles of internal committees and high powered advisory committee are specifically defined and the regulations also provide for terms of settlement in monetary as well as non-monetary terms or combination of both. This would also help the market regulator execute search operations and ensure safe custody of any books of accounts or other documents that are seized, as per the Securities Laws (Amendment) Second Ordinance, 2013. The Ordinance has conferred direct powers on SEBI Chairman to authorise the investigating authority or any other SEBI officer to search any premises where incriminating documents are lying and seize such documents for the purpose of investigation. The board has also decided to allow public financial institutions and scheduled banks, issuers authorised to make public issue tax free secured bonds, infrastructure debt funds non-banking financial companies (NBFC) to file shelf prospectus. Earlier, the Companies Act, 1956, had allowed only banks and public financial institutions to file shelf prospectus. However, the Companies Act, 2013, enables SEBI to specify the companies, which can be allowed to file shelf prospectus. SEBI also approved the SEBI (Settlement of Administrative and Civil Proceedings) http://insightsonindia.com INSIGHTS SEBI also made IPO grading mechanism ‘voluntary’ instead of ‘mandatory’, amending SEBI (Issue of Capital and Disclosure Requirements) Regulations, 2009. And to align with the principles laid down by Financial Stability Board (FSB) on reducing the reliance on Credit Rating Agencies, the SEBI Board has approved the proposal to make the IPO grading mechanism ‘voluntary’ as against the current provision of the same being ‘mandatory’. New rules for foreign investors The government has agreed to provide similar tax treatment to foreign portfolio investors (FPIs), as available to FIIs now. The three categories of foreign portfolio investors – FIIs (foreign institutional investors), sub-accounts and qualified foreign investors (QFIs) would be given similar tax treatment as available to FIIs now. The new rules aim to bring all foreign investors under a common framework called the SEBI (Foreign Portfolio Investors) Regulations, 2013. These measures come at a time when the rupee has weakened considerably against the dollar and recently Page 113 DECEMBER 2013 hit its all-time low levels of 60 against the U.S. currency. Also, FIIs have been pulling out money from the Indian debt market, which has resulted in lower yields on government bonds. Related information: Foreign portfolio investment (FPI): FPI is the entry of funds into a country where foreigners make purchases in the country’s stock and bond markets, sometimes for speculation. It is a usually short term investment (sometimes less than a year, or with involvement in the management of the company), as opposed to the longer term Foreign Direct Investment partnership (possibly through joint venture), involving transfer of technology and “know-how”. For example, Ford Motor Company may invest in a manufacturing plant in Mexico, yet not be in direct control of its affairs. Foreign Portfolio Investment (FPI): passive holdings of securities and other financial assets, which do NOT entail active management or control of the securities’s issuer. FPI is positively influenced by high rates of return and reduction of risk through geographic diversification. The return on FPI is normally in the form of interest payments or non-voting dividends. Courtesy- Wikipedia To know more about Financial Stability Board (FSB): http://insightsonindia.com INSIGHTS The FSB has been established to coordinate at the international level the work of national financial authorities and international standard setting bodies and to develop and promote the implementation of effective regulatory, supervisory and other financial sector policies. It brings together national authorities responsible for financial stability in significant international financial centres, international financial institutions, sector-specific international groupings of regulators and supervisors, and committees of central bank experts. The FSB is chaired by Mark Carney, Governor of the Bank of England. Its Secretariat is located in Basel, Switzerland, and hosted by the Bank for International Settlements. As obligations of membership, members of the FSB commit to pursue the maintenance of financial stability, maintain the openness and transparency of the financial sector, implement international financial standards, and agree to undergo periodic peer reviews, using among other evidence IMF/World Bank public Financial Sector Assessment Program reports. Courtesyhttp://www.financialstabilityboard.org To know more about IPO, refer our ‘Insights Current Events Analysis Magazine’ (NOVEMBER, 2013) Mauritius tightens norms to check proxy tag Page 114 DECEMBER 2013 Long accused of being a route for avoiding taxes for foreign investments into India, Mauritius has put additional safeguards in place to thwart such wrong perceptions and to boost its image as a preferred global financial centre. Mauritius’ integrated financial sector regulator Financial Services Commission (FSC) has put in place ‘greater substance requirements’ for global business companies operating from its jurisdiction to ensure their substantial presence there, and not just a ‘proxy address’ to benefit from tax treaties with India and other countries. These additional requirements being imposed on Global Business Category (GBC) 1 companies will lead to the creation of more economic nexus between those companies and the economy of the island. related to business, residency and investment commitments of the entity seeking benefit of a Double Taxation Avoidance Agreement (DTAA). Besides, a Tax Information and Exchange Agreement (TIEA) between India and Mauritius has been finalised. There has been cooperation from both sides on information exchange and with this India’s share in the number of investments made by global companies through Mauritius has almost been halved in the past two years even as Africa’s share has surged significantly, amid uncertainties over the bilateral tax treaty. The share in the number of investments made by global business companies into India has slumped to almost 16% in 2012. In 2010, India’s share was as high as 32%, before declining to 23% in 2011. Most global investors use GBC-1 route to make investments into India and other countries through Mauritius. To know more about Tax Information Exchange Agreements (TIEAs): In its attempt to stop round-tripping and money laundering activities, Mauritius has agreed to include a ‘limitation of benefits (LoB)’ clause in its revised tax treaty with India. The purpose of this Agreement is to promote international co-operation in tax matters through exchange of information. It was developed by the OECD Global Forum Working Group on Effective Exchange of Information Significance of LoB clause: While specific details of this clause in IndiaMauritius tax treaty are being ironed out, LoB clauses are typically aimed at preventing ‘treaty shopping’ or inappropriate use of tax pacts by third-country investors. The LoB clause limits treaty benefits to those who meet certain conditions, including those http://insightsonindia.com INSIGHTS The Agreement grew out of the work undertaken by the OECD to address harmful tax practices. The lack of effective exchange of information is one of the key criteria in determining harmful tax practices. The mandate of the Working Group was to develop a legal instrument that could be used to establish effective exchange of information. The Agreement represents the standard of Page 115 DECEMBER 2013 effective exchange of information for the purposes of the OECD’s initiative on harmful tax practices. This Agreement, which was released in April 2002, is not a binding instrument but contains two models for bilateral agreements. A number of bilateral agreements have been based on this Agreement. Courtesyhttp://www.oecd.org/ctp/harmful/taxinformat ionexchangeagreementstieas.htm Commodity exchange boards made more powerful Forward Markets Commission (FMC) is tightening corporate governance norms for commodity exchanges following NSEL scam. It has asked its boards to scrutinise all major business decisions, as also financial powers of CEOs and transactions involving promoters and top management personnel. The boards of the exchanges would also have to ensure that appropriate checks and balances are in place with regard to costs incurred for donations, publicity, media and public relations, legal and other professional charges, among others. In a directive issued to six national exchanges, including MCX, the FMC has stipulated the minimum requirement for sharing of information relating to functioning of the exchange with the board of directors. It also directed that the decisions relating to certain matters should be taken with the approval of the board of directors or the board committees. http://insightsonindia.com INSIGHTS The regulator said that prior approval of the board would be required in matter related to expenditure items such as capital expenditure, agreement/contract giving rise to recurring obligation for a period of more than three years, and loan/advances/guarantee/financial commitments. A prior approval of the board is required for all financial transactions, loans, guarantees, deposits or financial commitment of any kind. Following the Rs.5,500-crore payment crisis at NSEL, the FMC has been taking several measures to ensure accountability and transparency in the commodity futures market. As per the new norms, the Board of exchange will execute, with the approval of the board, the liability insurance for directors to safeguard the professional liability of the board members arising from the performance of their duties for the exchange. The regulator has also directed the exchanges to constitute a committee of the board on risk management. Related information: NSEL Scam: The NSEL scam is a systematic and premeditated fraud perpetrated in the commodity market by National Spot Exchange Ltd based in Mumbai, India. NSEL is a company promoted by Financial Technologies India Ltd and NAFED NSEL scam is a 5600 Crore Rs (About US$ 0.9 Billion) fraud which came out in the public domain after the National Spot Exchange Ltd failed to pay out its investors in commodity pair contracts after 31 July 2013. It was Page 116 DECEMBER 2013 subsequently found out that the most of underlying commodities never existed and buying and selling of commodities like Steel, Paddy, Sugar, Ferrochrome etc. was being conducted only on paper. Courtesy- Wikipedia More about Forward Markets Commission (FMC): Forward Markets Commission (FMC) headquartered at Mumbai, is a regulatory authority which is overseen by the Ministry of Finance, Govt. of India. It is a statutory body set up in 1953 under the Forward Contracts (Regulation) Act, 1952. to advise the Central Government in respect of recognition or withdrawal of recognition of any association and other matters arising out of the administration of the Act; to keep forward markets under observation and take appropriate action in relation to them; to collect and publish information regarding trading conditions in respect of goods to which any of the provisions of the Act is made applicable including information regarding supply, demand and prices and to submit to Central Government periodical reports on the operation of this Act and on the working of the forward markets relating to such goods; to make recommendations to improve the organisation and working of forward markets; to undertake inspection of the accounts of recognised associations and/or any members thereof; http://insightsonindia.com INSIGHTS to perform other duties prescribed by the Central Government. Courtesy – http://consumeraffairs.nic.in SEBI to take up proposal to allow Mutual Fund Company’s to offer Pension plans In 2014, a new pensions system would be introduced in India that would offer retirement savers the option of tapping the high-risk-high-return equity markets. Stock market regulator, SEBI will in its next board meeting in January, 2014 would take up the proposal to allow mutual fund companies to offer pension plans. The proposed Pension plans & National Pension Scheme (NPS): If the SEBI board approved the proposal, it could then request the government to extend to these mutual funds-run pension plans the same tax breaks that were now available to retirement savings in the government-run National Pension Scheme (NPS).This would need Parliament approval. Section 80 CCD of the Income Tax Act of NPS allows employers to deduct from their taxable income the contributions made on behalf of their employees to the NPS. The contributions to NPS schemes by employees, too, are treated tax-free. The tax benefit is over and above the Rs.1 lakh tax-free savings Section 80C of the Income Tax Act allows to individuals. Contributions to the proposed pension scheme will be discretionary. The NPS is the mandatory pension scheme for government employees hired after May 1, 2004, though it is open to private individuals too. The NPS does Page 117 DECEMBER 2013 not give government employees the option of investing more than 8% of their retirement savings into equity markets. Private sector employers with more than 10 employees statutorily contribute on their behalf to the Employees’ Provident Fund Organisation (EPFO). and regulate pension sector in the country. The NPS was launched on 1st January, 2004 with the objective of providing retirement income to all the citizens. NPS aims to institute pension reforms and to inculcate the habit of saving for retirement amongst the citizens. The difference between existing mutual fund schemes and the proposed pension plans will be that withdrawals will ‘not’ be allowed before retirement unless in the case of specific exceptional circumstances. Initially, NPS was introduced for the new government recruits (except armed forces). With effect from 1st May, 2009, NPS has been provided for all citizens of the country including the unorganised sector workers on voluntary basis. According to the proposal, the pension plans will offer retirement savers flexi-choices on the mix of fixed income and equity investment options. The NPS offers savers only three options and the EPFO offers none at all. The wider investor reach of mutual fund companies, it is expected, will give retirement savings a big push. Additionally, to encourage people from the unorganised sector to voluntarily save for their retirement the Central Government launched a co-contributory pension scheme, ‘Swavalamban Scheme – External website that opens in a new window’ in the Union Budget of 2010-11. In August, 2013 Finance Minister P. Chidambaram had proposed that the EPFO and the NPS be merged to make them viable, a proposal that has not progressed. India has one of the largest young populations in the world, but no viable pensions saving mechanism and this is a cause of concern. Under Swavalamban Scheme – External website that opens in a new window, the government will contribute a sum of Rs.1,000 to each eligible NPS subscriber who contributes a minimum of Rs.1,000 and maximum Rs.12,000 per annum. This scheme is presently applicable upto F.Y.2016-17. At present, India does not have a universal social security system to protect its older population from economic deprivation. NPS offers following important features to help subscriber save for retirement: More about National Pension System (NPS): Government of India established Pension Fund Regulatory and Development Authority (PFRDA) – External website that opens in a new window on 10th October, 2003 to develop http://insightsonindia.com INSIGHTS The subscriber will be allotted a unique Permanent Retirement Account Number (PRAN). This unique account number will remain the same for the rest of subscriber’s life. This unique PRAN can be used from any location in India. Page 118 DECEMBER 2013 PRAN will provide access to two personal accounts: Tier I Account: This is a non-withdrawable account meant for savings for retirement. Tier II Account: This is simply a voluntary savings facility. The subscriber is free to withdraw savings from this account whenever subscriber wishes. No tax benefit is available on this account. Courtesy http://india.gov.in/spotlight/nationalpension-system-retirement-plan-all – To extend the reach and Quality of publicly managed old-age Income security programs through consistent and ever-improving standards of compliance and benefit delivery in a manner that wins the approval and confidence of members in our methods, fairness, honesty and integrity, thereby contributing to the economic and social wellbeing of members. Courtesy – Wikipedia http://www.epfindia.com & More about Employees’ Provident Fund Organisation (EPFO): EPFO is a statutory body of the Government of India under the Ministry of Labour and Employment. It administers a compulsory contributory Provident Fund Scheme, Pension Scheme and an Insurance Scheme. The Employees’ Provident Fund came into existence with the promulgation of the Employees’ Provident Funds Ordinance on the 15th November, 1951. It was replaced by the Employees’ Provident Funds Act, 1952. It is now referred as the Employees’ Provident Funds & Miscellaneous Provisions Act, 1952 which extends to the whole of Indian except Jammu and Kashmir. It is one of the largest social security organisations in the India in terms of the number of covered beneficiaries and the volume of financial transactions undertaken. The EPFO’s apex decision making body is the Central Board of Trustee (CBT). Mission: http://insightsonindia.com INSIGHTS SCIENCE & TECHNOLOGY Nobel laureate backs genetically-modified crops Scientists and others, who are in favour of genetically-modified (GM) food crops, have got support from an unexpected quarter – a Nobel laureate. Richard J. Roberts, who won the Nobel Prize for physiology or medicine in 1993, made a forceful case for promoting research on GM food crops and their use for public Page 119 DECEMBER 2013 consumption, saying they were needed to at least take care of vitamin and other deficiencies in the developing world. Currently available GM foods stem mostly from plants, but in the future foods derived from GM microorganisms or GM animals are likely to be introduced on the market. Describing the protest by “green” parties in Europe against GM crops as a “crime against humanity,” he particularly drew attention to the project to produce a GM rice variety for tackling the problem of Vitamin A deficiency in India and other countries. Most existing genetically modified crops have been developed to improve yield, through the introduction of resistance to plant diseases or of increased tolerance of herbicides. According to Roberts, ‘The green parties are playing politics. About one-and-a-half (million) to two million children are affected by Vitamin A deficiency. It’s a crime against humanity.’ In the future, genetic modification could be aimed at altering the nutrient content of food, reducing its allergenic potential, or improving the efficiency of food production systems. All GM foods should be assessed before being allowed on the market. FAO/WHO Codex guidelines exist for risk analysis of GM food. The professor also stressed the need for scientists to create awareness among the public and politicians on the scientific facts behind GM crops and other such contentious issues. ‘There is need for more science in politics and less politics in science.’ The science conclave is being organised since 2008 by the Ministries of Human Resource Development and Science and Technology, as part of an exercise to promote science and technology as a viable career for bright youngsters. Participants include science leaders from India and abroad, and school and college students. Genetically modified (GM) foods: Genetically modified (GM) foods are foods derived from organisms whose genetic material (DNA) has been modified in a way that does not occur naturally, e.g. through the introduction of a gene from a different organism. http://www.who.int/topics/food_genetically_m odified/en/ Potential benefits of GM plants: Higher crop yields Reduced farm costs Increased farm profit Improvement in health and the environment These “first generation” crops have proven their ability to lower farm-level production costs. Now, research is focused on “secondgeneration” GM crops that will feature increased nutritional and/or industrial traits. These crops will have more direct benefits to consumers. Examples include: http://insightsonindia.com INSIGHTS Rice enriched with iron, vitamin A and E, and lysine Potatoes with higher starch content, and inulin Edible vaccines in maize, banana and potatoes Page 120 DECEMBER 2013 Maize varieties with low phytic acid and increased essential amino acids Healthier oils from soybean and canola Allergen-free nuts Potential risks of GM plants: The danger of unintentionally introducing allergens and other anti-nutrition factors in foods The likelihood of transgenes escaping from cultivated crops into wild relatives The potential for pests to evolve resistance to the toxins produced by GM crops. The risk of these toxins affecting non-target organisms. There are also those risks that are neither caused nor preventable by the technology itself. An example of this type of risk is the further widening of the economic gap between developed countries (technology users) versus developing countries (nonusers). These risks, however, can be managed by developing technologies tailor made for the needs of the poor and by instituting measures so that the poor will have access to the new technologies. Are GM crops appropriate for developing countries? Although the potential benefits of GM crops are large in developing countries, they would require some investments. Most developing countries lack the scientific capacity to assess the biosafety of GM crops, the economic expertise to evaluate their worth, the regulatory capacity to implement guidelines for safe deployment, and the legal systems to enforce and punish transgressions in law. http://insightsonindia.com INSIGHTS Fortunately, several organizations are working to build local capacity to manage the acquisition, deployment, and monitoring of GM crops. Courtesyhttp://www.isaaa.org/resources/publications/p ocketk/1/ Indian scientists identify genes behind oral cancer A team of Indian scientists has identified new genes and new biological pathways that are specific to driving oral cancer associated predominantly with smokeless tobacco consumption in India. Further detailed study on these discoveries might lead to finding better therapies for oral cancer. The Indian group is part of the International Cancer Genome Consortium (ICGC), an initiative started in 2009, to understand the genomic basis of 50 different types of cancer with clinical and societal importance around the globe. This is the first set of results to come out of the India Project, which has been noted as an important contribution to cancer genomics. Oral cancer is the eighth most common cancer worldwide and is the leading cancer among males in India. Unlike in the West, where 65% of oral cancers are tongue cancer, in India, oral cancer predominantly (60%) is of the lining of the mouth, lower gum and other mucosal regions of the oral cavity, termed the Oral Squamous Cell Carcinoma of the gingivobuccal region (OSCC-GB). Tobacco chewing is a major cause of OSCC-GB, which accounts for over half of the oral cancers in India. Page 121 DECEMBER 2013 Cancer is known to be associated with changes in the DNA contained in the cells of the tumour tissues. However, these genetic changes triggered by lifestyle or other environmental factors such as exposure to tobacco, chemicals and radiation occur only in non-reproductive cells and are called somatic alterations. which are linked together like a chain which in turn folds to perform specific cellular tasks like metabolic reactions, regulation of genes and providing defence against pathogens. And the manner in which most of the biological processes are carried out depends on the way the amino acids are assembled to form proteins. Also you can follow this link regarding ‘Exploring cinema, censorship and its impact’ (This might help you in Essay or in GS paper) An enzyme called DTD was responsible for excluding D-amino acids from infiltrating into proteins during their synthesis. The study revealed one of the fundamental processes in evolution of life. http://www.thehindu.com/todays-paper/tpbusiness/exploring-cinema-censorship-and-itsimpact/article5416221.ece (This is in regard to Achievements of Indian’s in S & T) CCMB scientists throw new light on evolution of life Indian scientists have solved one of nature’s mysteries related to evolution of life on earth. Scientists from the Structural Biology Laboratory of the Centre for Cellular and Molecular Biology (CCMB) have shown the precise mechanism through which all organisms, including human beings, exclude D-amino acids from protein synthesis. This finding has far-reaching implications both in terms of understanding the evolution of life and also in designing better synthetic biology strategies for making more diverse engineered proteins. Proteins carry out most of the biological processes in a living cell from the simplest bacteria to complex humans. Consisting of the basic building blocks known as amino acids http://insightsonindia.com INSIGHTS In a first for an Indian spacecraft, Mars orbiter now in interplanetary space India’s spacecraft to Mars is now coasting in the interplanetary space. In its epic voyage towards the Red Planet, it broke out of the Sphere of Influence (SOI) of the Earth traversing beyond 9.25 lakh km. Chandrayaan1 had travelled up to 4 lakh km. The Mars orbiter crossed the SOI, 72 hours after it was cannoned out of its Earth-bound orbit. It is now in a proper Sun-centric orbit. This is the first time that an Indian spacecraft has crossed this distance of 9.25 lakh km. The spacecraft is no longer under the Earth’s influence now, it is in interplanetary space. The spacecraft will now coast around the Sun for about 300 days. This helio-centric flight will total 68-crore km before it has its tryst with Mars on September 24, 2014. Agni V’s next trial will be canister-based In a crucial technological accomplishment, a simulated canister-based launch of a dummy Page 122 DECEMBER 2013 missile weighing 50 tonnes was successfully carried out by scientists of the Defence Research and Development Organisation (DRDO) recently. With the success of the “Missile Ejection Test” (MET), DRDO missile technologists are gearing up to conduct the first canister-based test-firing of 5,000-plus km range nuclear weapons-capable Inter Continental Ballistic Missile (ICBM) Agni-V (The indigenously developed, nuclear-capable missile has a strike range of 5,000 kms) in March-April, 2014. The MET success has been hailed as a very important milestone and a prelude to the main launch. It laid the foundation and provided core competence to the DRDO for the canister launch system. India has joined an elite club of nations that possess the ICBM launch capability when the maiden test-firing of Agni-V was successfully conducted in April, 2012. Soon after the resounding success of the second Agni V mission in September, 2013, it was decided that the next trial would be canister based. What is an Inter Continental Ballistic Missile (ICBM)? An Intercontinental Ballistic Missile (ICBM) is a ballistic missile with a maximum range of more than 5,500 kilometres typically designed for nuclear weapons delivery (delivering one or more nuclear warheads). Most modern designs support multiple independently targetable reentry vehicles (MIRVs), allowing a single missile to carry http://insightsonindia.com INSIGHTS several warheads, each of which can strike a different target. ICBMs are differentiated by having greater range and speed than other ballistic missiles: intermediate-range ballistic missiles (IRBMs), medium-range ballistic missiles (MRBMs), short-range ballistic missiles (SRBMs)—these shorter range ballistic missiles are known collectively as theatre ballistic missiles. Courtesy- Wikipedia Importance of the successful launch of Agni V: Only the five permanent members of the United Nations Security Council – China, France, Russia, the United States and Britain, along with Israel, have so far possessed such long-range missiles. Tipped to be a “game changer” by experts, Agni V will extend India’s reach all over Asia, parts of Africa and parts of Europe. The Agni series of missiles, including Agni V, is crucial for India’s defence vis-a-vis China since Beijing has upped the ante in recent times by deploying missiles in Tibet Autonomous Region bordering India. Agni V can be configured to launch small satellites. It can also be used to shoot down enemy satellites in orbits. Once fired, it cannot be stopped. It can, however, be launched only after a decision by the Cabinet Committee on Security (CCS). Courtesyhttp://www.ndtv.com/article/india/agni-vindia-s-first-icbm-successfully-test-fired199344 Page 123 DECEMBER 2013 Significance of canister launch system (this is the 1st time India is using this technology): The canister-launch system is used to impart higher road mobility, the missile will give the armed forces much greater operational flexibility than the earlier-generation of Agni missiles. Made of maraging steel, a canister must provide a hermetically sealed atmosphere that preserves the missile for years. During firing, the canister would absorb enormous stresses when a thrust of 300 to 400 tonnes is generated to eject the 50 tonnes missile. Courtesy -Wikipedia NASA’s Hubble Space Telescope The Hubble Space Telescope (HST) is a space telescope that was carried into orbit by a Space Shuttle in 1990 and remains in operation. (Hubble is the only telescope designed to be serviced in space by astronauts). Hubble’s orbit outside the distortion of Earth’s atmosphere allows it to take extremely highresolution images with almost no background light. Many Hubble observations have led to breakthroughs in astrophysics, such as accurately determining the rate of expansion of the universe. Recently it has helped in identifying faint signatures of water in the atmospheres of five distant planets. http://insightsonindia.com INSIGHTS Courtesy- Wikipedia For Malnourishment and TB drugs in children, refer the below articlehttp://www.thehindu.com/todays-paper/tpfeatures/tp-sci-tech-and-agri/malnourishedkids-below-three-years-are-underdosed-forfirstline-tb-drugs/article5423625.ece Gagan will be put in place by end of 2014 GPS aided geo augmented navigation or GPS and Geo-Augmented Navigation system (Gagan), a regional satellite-based augmentation system. More about GPS Aided GEO Augmented Navigation (GAGAN): GAGAN is a Satellite Based Augmentation System (SBAS) implemented jointly with Airport Authority of India (AAI). The main objectives of GAGAN areto provide Satellite-based Navigation services with accuracy and integrity required for civil aviation applications and to provide better Air Traffic Management over Indian Airspace. The system will be interoperable with other international SBAS systems and provide seamless navigation across regional boundaries. The first GAGAN navigation payload was flown on GSAT-8 which was launched on May 21, 2011 and the second on GSAT-10 launched on Sep 29, 2012. Courtesy – http://www.isro.org New, long-lived greenhouse gas found Page 124 DECEMBER 2013 Perfluorotributylamine (PFTBA) a novel chemical lurking in the atmosphere, is the most radioactively efficient chemical found to date, breaking all other chemical records for its potential to impact climate. More about Perfluorotributylamine (PFTBA) – ‘application & its impact’: PFTBA has been in use since the mid-20th century for various applications in electrical equipment and is currently used in thermally and chemically stable liquids marketed for use in electronic testing and as heat transfer agents. -http://www.ibtimes.com/new-greenhouse-gasdiscovered-pftba-has-higher-global-warmingimpact-co2-1503600 Biocon inks licensing pact with Quark Pharma Biotechnology major Biocon has inked a pact with Quark Pharmaceuticals, Inc to develop a range of siRNA (small interfering RNA) based novel therapeutics. This collaboration will enable Biocon to co-develop, manufacture and commercialise QPI-1007, a novel siRNA drug candidate for ophthalmic conditions, for India and other key markets. It does not occur naturally, that is, it is produced by humans. There are no known processes that would destroy or remove PFTBA in the lower atmosphere so it has a very long lifetime, possibly hundreds of years, and is destroyed in the upper atmosphere. What is RNA interference (RNAi)? It is the most radioactively efficient chemical found to date, the result of this is a very high global warming potential. It was found to be 7,100 times more powerful at warming the Earth over 100 years than carbon dioxide. Two types of small ribonucleic acid (RNA) molecules – microRNA (miRNA) and small interfering RNA (siRNA) – are central to RNA interference. RNAs are the direct products of genes, and these small RNAs can bind to other specific messenger RNA (mRNA) molecules and either increase or decrease their activity, for example by preventing an mRNA from producing a protein. RNA interference has an important role in defending cells against parasitic nucleotide sequences – viruses and transposons – but also in directing development as well as gene expression in general. Researchers found PFTBA is present in small amounts but can remain in the atmosphere for about 500 years. Carbon dioxide, on the other hand, is absorbed by forests and oceans. Today, concentrations of PFTBA are low with 0.18 parts per trillion in the Toronto area – compared to 400 parts per million for carbon dioxide. Courtesyhttp://phys.org/news/2013-12perfluorotributylamine-long-lived-greenhousegas.html http://insightsonindia.com INSIGHTS It is a recently discovered process in cells that stops the action of specific genes by destroying mRNA and thus preventing translation of the gene product. RNAi has become a valuable research tool, both in cell culture and in living organisms, because synthetic dsRNA introduced into cells can selectively and robustly induce Page 125 DECEMBER 2013 suppression of specific genes of interest. RNAi may be used for large-scale screens that systematically shut down each gene in the cell, which can help to identify the components necessary for a particular cellular process or an event such as cell division. The pathway is also used as a practical tool in biotechnology and medicine. >Courtesyhttp://www.theapprofessor.org/RNAinterferen ce.html & Wikipedia –> An article on ‘Poverty and Employment’ had come in Today’s newspaper. The facts can be used in your GS answers and Essaywriting . Refer the link belowhttp://www.thehindu.com/todays-paper/tpnational/poverty-higher-among-employedthan-unemployed-report/article5476218.ece Diamonds are formed from pure carbon under extreme heat and pressure at depths of about 150 km in the Earth’s crust. Volcanic eruptions bring the valuable crystals to the surface, usually preserved in another type of bluish rock called kimberlite. The presence of kimberlite has been a clue to significant deposits of diamonds in several parts of the world, including Africa, Siberia and Australia. Now researchers have, for the first time, found evidence of kimberlite in Antarctica. Even if diamonds were plentiful in this inhospitable region, there are still some significant legal barriers to their extraction. The Protocol on Environmental Protection to the Antarctic Treaty, added in 1991, explicitly bans any extraction activity relating to mineral resources, except for scientific purposes. However it is up for review in 2041 and could be subject to change. Mind-Mapping: ENVIRONMENT Diamonds in Antarctic Any diamond resource sites in India? Indian presence in Antarctica. Research potential of the region. Some info on Protocol on Environmental Protection to the Antarctic Treaty. Scientists say they have discovered compelling evidence that diamonds exist in the icy mountains of Antarctica. The researchers have identified a type of rock in the permanently frozen region that is known to contain the precious stones. However, recovering any Antarctic mineral resources for commercial purposes is currently forbidden. http://insightsonindia.com INSIGHTS Page 126