Note4Students
From UPSC perspective, the following things are important :
Prelims level: BIMSTEC
Mains level: Paper 2- BIMSTEC -challenges and opportunities ahead
Context
The fifth summit of the regional grouping, the Bay of Bengal Initiative for Multi-Sectoral Technical and Economic Cooperation (BIMSTEC), held virtually in Colombo on March 30, has advanced the cause of regional cooperation and integration.
Colombo package
- Economic challenges: Representing a fifth of the world’s population that contributes only 4% of the global GDP, can this multilateral grouping trigger accelerated economic development?
- It was clear that BIMSTEC first needed to strengthen itself — by re-defining its purpose and rejuvenating its organs and institutions.
- The eventual result is now seen in the package of decisions and agreements announced at the latest summit.
Achievement of Colombo Summit
- 1] Adoption of Charter: Adopted formally, it presents BIMSTEC as “an inter-governmental organization” with “legal personality.”
- BIMSTEC’s purposes: Defining BIMSTEC’s purposes, it lists 11 items in the first article.
- Among them is acceleration of “the economic growth and social progress in the Bay of Bengal region”, and promotion of “multidimensional connectivity”.
- The grouping now views itself not as a sub-regional organisation but as a regional organisation whose destiny is linked with the area around the Bay of Bengal.
- 2] Reduction in the sectors of cooperation: The second element is the decision to re-constitute and reduce the number of sectors of cooperation from the unwieldy 14 to a more manageable seven.
- Each member-state will serve as a lead for a sector: trade, investment and development (Bangladesh); environment and climate change (Bhutan); security, including energy (India); agriculture and food security (Myanmar); people-to-people contacts (Nepal); science, technology and innovation (Sri Lanka), and connectivity (Thailand).
- 3] Adoption of the Master Plan for Transport Connectivity: the summit participants adopted the Master Plan for Transport Connectivity applicable for 2018-2028.
- It was devised and backed by the Asian Development Bank (ADB).
- It lists 264 projects entailing a total investment of $126 billion.
- Projects worth $55 billion are under implementation. BIMSTEC needs to generate additional funding and push for timely implementation of the projects.
- 4] Signing of three new agreements: Finally, the package also includes three new agreements signed by member states, relating to mutual legal assistance in criminal matters, cooperation between diplomatic academies, and the establishment of a technology transfer facility in Colombo.
Challenges
- The pillar of trade, economic and investment cooperation needs greater strengthening and at a faster pace.
- Absence of FTA: Despite signing a framework agreement for a comprehensive Free Trade Agreement (FTA) in 2004, BIMSTEC stands far away from this goal.
- Lack of legal instruments: The need for expansion of connectivity was stressed by one and all, but when it comes to finalising legal instruments for coastal shipping, road transport and intra-regional energy grid connection, much work remains unfinished.
- There needs to be mention of the speedy success achieved in deepening cooperation in security matters and management of Humanitarian Assistance and Disaster Relief (HADR).
- Focus more on new areas: BIMSTEC should focus more in the future on new areas such as the blue economy, the digital economy, and promotion of exchanges and links among start-ups and Micro, Small and Medium Enterprises (MSMEs).
- Step up the personal engagement of political leadership: The personal engagement of the political leadership should be stepped up.
- The decision taken in Colombo to host a summit every two years is welcome if implemented.
- Greater visibility: BIMSTEC needs greater visibility.
- India’s turn to host the G20 leaders’ summit in 2023 presents a golden opportunity, which can be leveraged optimally. Perhaps all its members should be invited to the G20 summit as the chair’s special guests.
- Simplify the groupings name: The suggestion to simplify the grouping’s name needs urgent attention.
- The present name running into 12 words should be changed to four words only — the Bay of Bengal Community (BOBC).
- It will help the institution immensely. Brevity reflects gravitas.
Conclusion
BIMSTEC is no longer a mere initiative or programme. The question to address is whether it is now capable of tackling the challenges facing the region.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: CBI
Mains level: Paper 2- Reforms in investigative bodies
Context
The image of the institution of police is regrettably tarnished by allegations of corruption, police excesses, lack of impartiality and close nexus with the political class.
Police and investigation agencies need social legitimacy
- The police and investigative agencies may have de-facto legitimacy, but as institutions, they are yet to gain social legitimacy.
- Police should work impartially and focus on crime prevention. They should also work in cooperation with the public to ensure law and order.
- The CBI possessed immense trust of the public in its initial phase.
- But with the passage of time, like every other institution of repute, the CBI has also come under deep public scrutiny.
- The need of the hour is to reclaim social legitimacy and public trust.
Issues affecting the system and causing delay in trial
- Lack of infrastructure, lack of sufficient manpower, inhuman conditions, especially at the lowest rung, lack of modern equipment, questionable methods of procuring evidence, officers failing to abide by the rule book and the lack of accountability of erring officers.
- Then there are certain issues that lead to delays in trials.
- They are: Lack of public prosecutors and standing counsels, seeking adjournments, arraying hundreds of witnesses and filing voluminous documents in pending trials, undue imprisonment of undertrials, change in priorities with the change in the political executive, cherry-picking of the evidence, and repeated transfers of officers leading to a change in the direction of the investigation.
Way forward
- Break the nexus with political executive: The first step to reclaim social legitimacy and public trust.is to break the nexus with the political executive.
- Reform of the police system is long overdue in our country.
- The Ministry of Home Affairs has itself recognised the glaring need for the same in the “Status Note on Police Reforms in India”.
- Comprehensive law: Our investigative agencies still do not have the benefit of being guided by a comprehensive law.
- Independent and autonomous investigative agency: The need of the hour is the creation of an independent and autonomous investigative agency.
- Umbrella organisation: There is an immediate requirement for the creation of an independent umbrella institution, so as to bring various agencies like the CBI, SFIO, and ED under one roof.
- This body is required to be created under a statute, clearly defining its powers, functions and jurisdictions.
- Such a law will also lead to much-needed legislative oversight.
- Separation of prosecution and investigation: One additional safeguard that needs to be built into the scheme, is to have separate and autonomous wings for prosecution and investigation, in order to ensure total independence.
- Annual audit of performance: A provision in the proposed law for an annual audit of the performance of the institution by the appointing committee will be a reasonable check and balance.
- Strengthening state investigative agencies: There is no reason why state investigative agencies, which handle most of the investigations, cannot enjoy the same level of credibility as that of the national agency.
- The proposed Central law for the umbrella investigative body can be suitably replicated by the states.
- Ensure women’s representation: An issue that needs addressing at this stage is the representation of women in the criminal justice system.
- Often, women feel deterred in reporting certain offences due to a lack of representation.
- Relations with community: Relations between the community and police also need to be fixed.
- This is only possible if police training includes sensitisation workshops and interactions to inspire public confidence.
Consider the question “The police and investigative agencies may have de-facto legitimacy, but as institutions, they are yet to gain social legitimacy. In the context of this, examine the challenges faced by the police and the investigative agencies in India and suggest ways to help them gain social legitimacy.”
Conclusion
It is imperative for the police and the public to work together to create a safe society. Ultimately the police must remember that their allegiance must be to the Constitution and the rule of law and not to any person.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Antarctic Treaty
Mains level: Indian Antarctic Bill, 2022
The government has introduced the ‘Antarctica Bill, 2022’ in the Lok Sabha that envisages regulating visits and activities to Antarctica as well potential disputes that may arise among those present on the continent.
Indian Antarctic Bill, 2022
Aims and objectives:
- To provide for national measures to protect the Antarctic environment and associated ecosystems and to give effect to the Antarctic Treaty
- To provide a harmonious policy framework for India’s Antarctic activities through a well-established legal mechanism
- Facilitate activities of the Indian Antarctic programme, including management of Antarctic tourism and sustainable development of fisheries
- To prohibit Indian expedition to Antarctica or carrying of certain activities in Antarctica without a permit or the written authorisation of another party to the protocol
- To provide for inspection in India by an officer designated by the Central government as an Inspector and to constitute an inspection team to carry out inspections in Antarctica
Key feature: Committee on Antarctic governance
- It will empower the government to establish a committee on Antarctic governance and environmental protection to monitor, implement and ensure compliance with the relevant international laws, emissions standards and rules of protection.
- The panel is to be headed by the secretary of the Ministry of Earth Sciences, as ex officio chairperson.
- Among other roles, he has also been the vice-president of the Scientific Committee on Antarctic Research of the International Science Council since 2018.
- The committee will have ten members from various ministries, departments and organizations of the Union government, plus two experts on the Antarctic environment or other relevant areas.
About Antarctica Treaty
- Antarctica has a geographical area of 14 million sq. km and has had no indigenous population (i.e. “Antarcticans” don’t exist).
- However, a few thousand people reside there, in some 40 research stations spread across the continent, throughout the year.
- In 1959, 12 countries – Argentina, Australia, Belgium, Chile, France, Japan, New Zealand, Norway, South Africa, the USSR, the UK and the US signed the ‘Antarctic Treaty’.
- Their aim was to prevent the continent from being militarised and to establish it as a centre of peaceful activities.
- Later, more countries, including India, have become party to the treaty, and today it counts more than 54 members.
- The treaty requires each party to take appropriate measures within its competence, including the adoption of laws and regulations, administrative actions and enforcement measures, to ensure compliance with the protocol.
- Countries also signed the ‘Protocol on Environmental Protection’ to the Antarctic Treaty in 1991, which designates Antarctica as a “natural reserve, devoted to peace and science”.
Need for the Antarctic Legislation
- The growing presence of Indian scientists in Antarctica and the commitment to Antarctic research and protection prompted the government to adopt domestic legislation consistent with its obligations as a member of the Antarctic Treaty system.
- These laws will enable India’s courts to deal with disputes or crimes committed in parts of Antarctica, and help build credibility vis-à-vis India’s participation.
India at the Poles
- India maintains two research stations on the continent: ‘Maitri’ (commissioned in 1989) at Schirmacher Hills and ‘Bharati’ (2012) at Larsemann Hills.
- It has also launched 41 scientific expeditions every year thus far.
- Together with the ‘Himadri’ station in Svalbard, above the Arctic circle, India is among an elite group of countries with multiple research in the polar regions.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Darlong Tribes
Mains level: Scheduled Tribes and issues
The Lok Sabha recently passed a bill to amend a constitutional order to include Darlong, a tribal clan in Tripura which was among the generic Halam community till now, in the list of Scheduled Tribes (ST).
Who are Darlongs?
- Darlong is a tribal community of 11,000 people.
- Despite its small population, the community has a high prevalence of education, cultural activities and members of the community are serving in different high positions in the local administration.
- Darlongs, despite being Scheduled Tribes, were never given ST certificates.
- Since they were considered a generic tribe under the Kuki community, they were handed their tribal certificates as members of ‘Kuki’ community.
- The subsequent identity crisis among them, especially Darlong youths, who were equipped with modern education, culminated in the demand for a separate statutory identity of their own in 1995.
- The group is a small tribal clan but has produced a high number of educated people proportionate to its population in the state.
- People from the Darlong community, like many other tribal communities, are now serving in high positions in the state administration, academia, and public services.
- Tribal musicologist and Rosem (tribal instrument) maestro Thanga Darlong was conferred the prestigious Padma Shri award a few years back for his contribution to culture.
Why is tribal identity a big issue in Tripura?
- Out of 37 lakh people of Tripura, nearly 30 per cent are tribals, who mostly live in areas under jurisdiction of the Tripura Tribal Areas Autonomous District Council (TTAADC).
- They are spread in patches across all eight districts and covering 70 per cent of the state’s geographical area.
- The state saw tribals become minority in their own state due to arrival of East Pakistani refugees who fled their country.
- Tribal identity is a major issue in Tripura, which is also one of the major subjects dominating the state politics now.
- There is rising demand of Greater Tipraland – a proposed separate state for Tiprasa or Tripuris (tribal and non-tribal) living in the state.
Back2Basics: Tribes of Tripura
- Tripura, the tiny Northeast state of 37 lakh people houses 19 tribal communities.
- These include Tripuri or Debbarma, Reangs or Brus, Jamatia, Noatia, Uchoi, Chakma, Mog, Lushai, Kuki, Munda, Kour, Oram, Santhal, Bhil, Bhutia, Chaimar or Sermai, Garo, Khasi, Lepcha and Halam.
- Many of these communities are further divided into sub-tribes.
- For example, Kukis have nearly 17-18 sub-tribes within the community.
- It is an umbrella tribal community including many smaller clans like Khasi, Lushai, Hmars and other generic clans.
- In course of time, Lushai, Hmar, Garo etc. came out of Kuki as separate communities.
- Halam community also has several sub-tribes such as Rangkhawl, Ranglong, Dab, Chaimar or Sermai, Bong, Korbong, Harbong, Bongcher etc.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Look Out Notice, ED
Mains level: Corruption and money laundering
Delhi High Court has sought the Enforcement Directorate’s (ED’s) response on a journalist’s challenge to its action of restraining her from leaving the country. She was stopped in Mumbai on Tuesday evening based on a look out circular (LOC) issued by the ED.
Look out notice: What is it, when is it issued?
- An LOC is issued to make sure that an individual who is absconding or wanted by law enforcement agencies is not able to leave the country.
- It is mostly used at immigration checkpoints at international airports and seaports by the immigration branch.
- In certain cases, the police can approach a court asking for the restriction of a person’s movement outside the country, when that person is a suspect and there is an apprehension that they may not join the investigation at a later stage.
- The subject of an LOC can challenge the circular and get relief from a court.
Who can issue an LOC?
- An LOC can be initiated by a large number of authorised officers, including an officer not below the rank of deputy secretary, an officer not below the rank of joint secretary in the state government, a district magistrate or superintendent of police.
- Also, designated officers of various law enforcing and security agencies, a designated officer of Interpol, an officer not below the rank of additional director in the Serious Fraud Investigation Office, and the Ministry of Corporate Affairs can also issue LOC.
- In 2018, the government also empowered the heads of public sector banks to directly request the authorities to issue an LOC against wilful defaulters to prevent them from leaving the country.
- So now, an officer not below the rank of chairman/managing director/chief executive of any public sector bank can make a request.
- An LOC can be modified/deleted/withdrawn by the Bureau of Immigration only on the specific request of the authorised originator on whose request the LOC was issued.
Does an LOC lead to arrest?
- Not necessarily. LOCs can be of several types.
- They can seek to merely stop a person against whom the circular has been issued from travelling outside the country, to prevent a person from entering the country, or inform the concerned investigation agencies.
- The proforma of the LOC also contains a request to detain the individual at the local police/investigation agency, which generally leads to arrest.
Back2Basics: Directorate of Enforcement (ED)
- ED is a law enforcement agency and economic intelligence agency responsible for enforcing economic laws and fighting economic crime (esp Money Laundering) in India.
- It is part of the Department of Revenue of the Ministry of Finance.
- It is composed of officers from the Indian Revenue Service, Indian Police Service and the Indian Administrative Service as well as promoted officers from its own cadre.
- The total strength of the department is less than 2000 officers out of which around 70% of officials came from deputation from other organizations while ED has its own cadre, too.
- The prime objective of the Enforcement Directorate is the enforcement of two key Acts namely, the Foreign Exchange Management Act 1999 (FEMA) and the Prevention of Money Laundering Act 2002 (PMLA)
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Hindu new year , Gudi Padwa
Mains level: NA
The President of India has sent his greetings to fellow citizens on the eve of Chaitra Sukladi, Ugadi, Gudi Padwa, Cheti Chand, Navreh and Sajibu Cheiraoba.
Gudi Padwa
- Gudi Padwa is a spring-time festival that marks the traditional New Year for Marathi and Konkani Hindus, but is also celebrated by other Hindus as well.
- It is celebrated in and around Maharashtra, Goa, and the union territory of Damaon on the first day of the Chaitra month, to mark the beginning of the New Year according to the luni-solar method of the Hindu calendar.
- Padava or paadvo comes from the Sanskrit word pratipada, which is the first day of a lunar fortnight.
- The spring festival is observed with colourful floor decorations called rangoli, a special Gudhi dvaja (flag garlanded with flowers, mango and neem leaves, topped with upturned silver or copper vessels), street processions, dancing& festive foods.
Significance
- Gudhi Padva signifies the arrival of spring and to the reaping of Rabi crops.
- The festival is linked to the mythical day on which Hindu god Brahma created time and universe.
- To some, it commemorates the coronation of Rama in Ayodhya after his victory over evil Ravana, or alternatively the start of Shalivahan calendar after he defeated the Huns invasion in the 1st century.
State-wide celebrations
- Bihu among the Assamese of Assam.
- Cheti Chand among the Sindhi people
- Navreh among the Kashmiri Pandits in Jammu and Kashmir.
- Pahela Baishakh among the Bengalis in West Bengal and Bangladesh.
- Puthandu among the Tamils in Tamil Nadu.
- Samvatsar Padvo among Hindu Konkanis of Goa and Konkani diaspora in Kerala
- Vaisakhi or Baisakhi among the Punjabis in Punjab.
- Vishu or among the Malayalis in Kerala.
- Ugadi among the south-Indian states of Karnataka, Andhra Pradesh and Telangana.
- Sajibu Cheiraoba in Manipur
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