Note4Students
From UPSC perspective, the following things are important :
Prelims level: Seethakali Folk Art
Mains level: Not Much
Central Idea
- Seethakali folk dance of Kerala has been fading from the public domain, and around three decades ago, it was on the verge of extinction.
Seethakali Folk Art
- Seethakali is a traditional folk dance that originates from the rich cultural heritage of Kerala.
- It is performed primarily by Dalit artists from the Veda and Pulaya communities.
Key Features
- Seethakali is a unique form of folk art that combines elements of storytelling dance, drama, and song.
- The central narrative revolves around the epic Ramayana, particularly focusing on the characters of Sita, Ram, and Laxman.
- Artists adorn themselves with eye-catching makeup, traditional ornaments, and elaborate costumes, enhancing the visual appeal of the performance.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: One-Hour Trade Settlement, T+1 Settlement Cycle
Mains level: NA
Central Idea
- SEBI aims to implement a One-Hour trade Settlement by March 2024.
- Additionally, an Application Supported by Blocked Amount (ASBA)-like facility for secondary market trading is anticipated to launch in January 2024.
Do you know?
India is the first jurisdiction in the globe that has moved to T+1 settlement (trade plus one day). We are now talking about one-hour settlement and that will be a stepping-stone to instantaneous settlement.
Understanding Trade Settlement
- Trade settlement involves the exchange of funds and securities on the settlement date.
- It is considered complete when purchased securities are delivered to the buyer, and the seller receives the funds.
- India transitioned to a T+1 settlement cycle earlier this year, facilitating faster fund transfers, share deliveries, and operational efficiency.
SEBI’s Stance
- SEBI believes that achieving instantaneous trade settlement will take additional time due to necessary technology development.
- Therefore, SEBI plans to implement a one-hour trade settlement before the instantaneous settlement.
- SEBI expects instantaneous trade settlement to be launched by the end of 2024.
Benefits of One-Hour Trade Settlement
- In the current T+1 settlement cycle, the seller receives funds in their account the day after a trade.
- With one-hour settlement, the seller would receive funds within an hour of selling shares, and the buyer would have shares in their demat account within an hour.
Back2Basics: T+1 Settlement Cycle
- The T+1 settlement cycle means that trade-related settlements must be done within a day, or 24 hours, of the completion of a transaction.
- For example, under T+1, if a customer bought shares on Wednesday, they would be credited to the customer’s demat account on Thursday.
- This is different from T+2, where they will be settled on Friday.
- As many as 256 large-cap and top mid-cap stocks, including Nifty and Sensex stocks, come under the T+1 settlement.
- Until 2001, stock markets had a weekly settlement system.
- The markets then moved to a rolling settlement system of T+3, and then to T+2 in 2003.
- In 2020, Sebi deferred the plan to halve the trade settlement cycle to one day (T+1) following opposition from foreign investors.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Dual-Use Items
Mains level: Not Much
Central Idea
- The government has recently announced its commitment to enhancing the control of dual-use items to prevent their misuse by non-state actors and terrorists.
- Dual-use items refer to goods that can be utilized for both civilian and military purposes.
Understanding Dual-Use Items
- Dual-use items are commodities with the potential for application in both civilian and military contexts.
- They are heavily regulated due to their capacity to be initially intended for civilian use and later repurposed for military or even terrorist activities.
- Some examples include global positioning satellites, missiles, nuclear technology, chemical and biological weapons, night vision technology, thermal imaging equipment, specific models of drones, precision-engineered aluminium pipes, and certain types of ball bearings.
Control Mechanisms for Dual-Use Items
- International Cooperation: Most industrialized nations have established export controls on specific categories of designated dual-use technologies.
- Multilateral Agreements: Various international treaties and agreements govern the export of these items.
- India’s Participation: India is a signatory to major multilateral export control regimes like the Missile Technology Control Regime (MTCR), Wassenaar Arrangement (WA), Australia Group (AG), and Nuclear Suppliers Group (NSG). It is also party to key conventions such as the Chemical Weapons Convention (CWC) and Biological and Toxic Weapons Convention (BWC).
- DGFT’s Role: In India, the Director General of Foreign Trade (DGFT) plays a pivotal role as a facilitator of exports and imports. The DGFT maintains a specialized list known as SCOMET (Specialty Chemicals, Organisms, Materials, Equipment, and Technologies) to regulate dual-use items.
What is the SCOMET List?
- SCOMET item is an acronym for Special Chemicals, Organisms, Materials, Equipment, and Technologies.
- These are dual-use items that can be used for both civilian and military applications. India’s Foreign Trade Policy regulates the export of items on the SCOMET List.
- Exporting these items and technologies falls under strict regulations. It can either be prohibited or permitted only under a license.
- The SCOMET control list aligns with the control lists of various multilateral export control regimes and conventions.
Necessity of Controlling Dual-Use Items
- India’s Commitment: India is firmly committed to non-proliferation efforts related to dual-use items.
- Integral Component: Export control over these items forms an integral part of India’s broader export control system.
- Compliance: It ensures that sensitive and dual-use goods, including those covered by the Missile Technology Control Regime (MTCR), are traded in full compliance with India’s obligations under various international regimes.
Conclusion
- The government’s commitment to enhancing export control measures for dual-use items reflects its dedication to global non-proliferation efforts and the responsible trade of sensitive technologies.
- Collaborative efforts among governments, industries, and stakeholders remain crucial in achieving effective export control of these items.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Forest (Conservation) Amendment Bill, 2023
Mains level: Issues with the Bill
Central Idea
Why discuss this?
- The amendment permits the diversion of forest land for certain projects near international borders without forest clearance under the Forest (Conservation) Act (FCA) 1980.
- Other Northeastern states, including Nagaland, Tripura, Mizoram, and Sikkim, governed by the ruling govt at centre or its allies, have also objected to the 100-km exemption clause.
Forest (Conservation) Amendment Bill, 2023
|
| Objective |
Clarify and enhance the Forest (Conservation) Act, 1980 |
| Scope |
Applicability to land designated as forest since 1980 |
| Exemptions |
Land within 100 km of borders for national security, roadside amenities, and public roads |
| Assignment of Forest Land |
Prior approval required from central government for all entities |
| Permitted Activities |
Expanded to include check posts, fencing, bridges, zoos, safaris, and eco-tourism facilities |
Is FCA Applicable to the Northeast?
- Constitutional protections like Article 371A for Nagaland and 371G for Mizoram prohibit the application of certain laws enacted by Parliament in these states.
- In 1986, Nagaland extended the FCA’s application to specific forests, but its status remains uncertain due to conflicting ministry statements.
- Mizoram, since becoming a state in 1986, has the FCA in force, covering a significant portion of its forest areas.
FCA Application in the Rest of the Northeast
- The FCA is applicable in the rest of the Northeast, including Meghalaya, Tripura, Assam, Manipur, Sikkim, and Arunachal Pradesh.
- The FCA clearance process differs among these states.
Conclusion
- Protecting Northeastern forests requires a balance between legal frameworks like the FCA and FRA.
- Clear guidelines and proactive measures can safeguard both forest rights and the environment in the region.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Urban Cooperative Banks (UCBs)
Mains level: Not Much
Central Idea
- The Reserve Bank of India (RBI) Governor recently addressed the issues and vulnerabilities surrounding Urban Cooperative Banks (UCBs), highlighting the importance of addressing these concerns.
What are Urban Cooperative Banks (UCBs)?
- UCBs are primary cooperative banks primarily situated in urban and semi-urban areas, catering to the financial needs of small borrowers and businesses.
- They are governed by the Banking Regulations Act, 1949, the Banking Laws (Cooperative Societies) Act, 1955, and registered under the Cooperative Societies Act of the respective State.
- Initially, UCBs were permitted to lend exclusively for non-agricultural purposes; however, they have diversified their size and operations since 1996.
- Approximately 79% of UCBs are concentrated in five states: Andhra Pradesh, Gujarat, Karnataka, Maharashtra, and Tamil Nadu.
Types of UCBs
UCBs are categorized into different tiers by the RBI based on their deposit size:
- Tier 1: Deposits up to Rs 100 crore.
- Tier 2: Deposits ranging from Rs 100 to 1,000 crore.
- Tier 3: Deposits between Rs 1,000 to Rs 10,000 crore.
- Tier 4: Deposits exceeding Rs 10,000 crore.
Key concerns/addresses raised by RBI
(1) Operational Stability
- UCBs must enhance their financial and operational resilience to contribute to the overall stability of the financial and banking sector.
- The quality of governance within UCBs plays a pivotal role in ensuring the stability of these individual banks.
(2) Setting up right priorities
- Boards and directors of UCBs must prioritize integrity and transparency in financial reporting, refraining from innovative accounting practices that obscure the actual financial position.
- Proactive management of Asset Liability is essential to manage liquidity risk systematically.
- Establishing robust IT and cybersecurity infrastructure, along with the availability of necessary skills at the bank level, is crucial.
- Governance practices, especially those related to Compliance, Risk Management, and Internal Audit, need strengthening.
(3) Functioning of Boards
- Ensuring directors possess adequate skills and expertise.
- Constituting a professional board of management.
- Considering the diversity and tenure of board members.
- Promoting transparent and participatory board discussions.
- Ensuring the effective functioning of board-level Committees.
(4) Credit Risk Management
- Upholding risk management through robust underwriting standards.
- Implementing effective post-sanction monitoring.
- Timely recognition and mitigation of emerging stress.
- Pursuing follow-ups with large Non-Performing Asset (NPA) borrowers to facilitate recovery and maintain adequate provisioning.
Conclusion
- Addressing the concerns and vulnerabilities in Urban Cooperative Banks is vital for the overall stability and resilience of the banking sector.
- The RBI’s recommendations highlight the importance of governance, risk management, and transparency in ensuring the health of UCBs.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Black Sea Grain Initiatives
Mains level: Not Much
Central Idea
- The Black Sea grain deal lapsed on July 17. Turkey now seeks to resume the treaty.
- Russia though had not agreed to renew the deal, citing unmet promises and difficulties in its own agricultural exports due to Western sanctions.
Black Sea Grain Initiative
- The Initiative eased Russia’s naval blockade and saw the reopening of three key Ukrainian ports.
- The UN and Turkey brokered the deal in July 2022, allowing cargo ships to travel between Ukrainian ports and undergo inspections to ensure they were not carrying arms.
- The deal has been extended twice but is set to expire on July 17, 2023.
- The agreement created procedures to safely export grain from certain ports to attempt to address the 2022 food crisis.
- It provides a safe maritime humanitarian corridor for Ukrainian exports (particularly for food grains) from three of its key ports: Chornomorsk, Odesa and Yuzhny/Pivdennyi in the Black Sea.
Outcomes of this deal
- Approximately 9.8 million tonnes of grains have been shipped so far since the deal was brokered as per International Grains Council (IGC) Projections.
- The IGC is an intergovernmental organization established in 1949. Its primary purpose is to promote cooperation and consultation on grains trade and related aspects globally.
- India is an exporting member of the IGC.
- The initiative has also been credited for having made a huge difference in the global cost of living crisis.
Why was this deal launched?
- Ukraine’s Role: Ukraine is a significant exporter of food grains, including wheat and corn, and contributes to the UN’s food aid programs.
- Impact of Russian Invasion: Russia’s invasion and blockade of Ukrainian ports raised concerns about food security and soaring prices globally.
Russia’s Opposition and Reasons
- Claims of Unmet Promises: Russia argues that promises made under the deal have not been fulfilled, affecting its own agricultural exports and fertilizers due to Western sanctions.
- Obstacles to Agricultural Exports: Russia faces challenges with payment platforms, insurance, shipping, and logistics, even though there are no direct restrictions on its agricultural products.
- Frustration and Goodwill: Russian President expressed frustration and stated that Russia has shown goodwill in extending the deal but feels enough is enough.
- Shift in Grain Destinations: Russia claims the deal was meant to ensure global food security, but Ukraine has mainly exported to high- and middle-income countries, while the UN notes that food prices have cooled down, benefiting poorer nations.
Impact on Grain Exports and Production
- Russian Wheat Export Dominance: Russia remains the world’s top wheat exporter, primarily targeting the Middle East, North Africa, and Central Asia.
- Ukraine’s Declining Shipments: Ukraine’s grain shipments are projected to more than halve, with production at an 11-year low.
- Shifting Markets: Ukraine’s grain markets have shifted from Asia and North Africa to Europe, driven by ease of shipment, causing a glut of Ukrainian grain and protests from farmers in Eastern European countries.
International Grains Council
- The International Grains Council (IGC) is an intergovernmental organization that oversees the Grains Trade Convention and aims to promote cooperation in the global grain trade. Established in 1949 as the International Wheat Council, it was renamed in 1995 to reflect its expanded scope.
- India is a member of the International Grains Council (IGC), which is the intergovernmental organization that oversees the global grains trade.
Back2Basics: Black Sea
- Black Sea is bound by Ukraine to the north and northwest, Russia and Georgia to the east, Turkey to the south, and Bulgaria and Romania to the west.
- It links to the Sea of Marmara through the Bosphorus and then to the Aegean through the Dardanelles.
Significance of Black Sea for Russia
- Black Sea has traditionally been Russia’s warm water gateway to Europe.
- For Russia, the Black Sea is both a stepping stone to the Mediterranean.
- It acts as a strategic buffer between NATO and itself.
- It showcases the Russian power in the Mediterranean and to secure the economic gateway to key markets in southern Europe.
- Russia has been making efforts to gain complete control over the Black Sea since the Crimean crisis of 2014.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Ecocide
Mains level: Read the attached story
Central Idea
- Mexico’s ‘Maya train’ project has generated controversy due to its scale and environmental impact.
- The project aims to connect tourists to historic Maya sites across a 1,525 km route, with a cost of $20 billion.
- Critics have dubbed it a “megaproject of death” for its threats to the Yucatan peninsula’s environment, Indigenous communities, and cave systems, leading to accusations of ecocide and ethnocide.
Understanding Ecocide
- Ecocide, derived from Greek and Latin, means “killing one’s home” or “environment.”
- It encompasses actions like port expansions damaging marine life, deforestation, illegal sand-mining, and polluting rivers.
- Several countries, including Mexico, are considering ecocide legislation, with calls to elevate it to an international crime akin to genocide.
- There is no universally accepted legal definition of ecocide.
- A proposed definition states it as “unlawful or wanton acts committed with knowledge of causing substantial, severe, and either widespread or long-term environmental damage.
Historical Context
- Biologist Arthur Galston in 1970 linked environmental destruction with genocide during the Vietnam War’s Agent Orange use.
- British lawyer Polly Higgins advocated for ecocide as an international crime in 2010.
- The Rome Statute of the ICC deals with four major crimes but only holds perpetrators accountable for intentional wartime environmental damage.
Importance of Ecocide as a Crime
- Ecocide is a crime in 11 countries, with 27 others considering similar laws.
- The European Parliament voted unanimously to include ecocide in law.
- Ecocide laws provide a crucial legal instrument to protect the environment.
- They can hold individuals in corporate leadership accountable and promote ethical investment practices.
- These laws could offer justice to low- and middle-income countries disproportionately affected by climate change.
Limitations and Concerns
- Some argue that ecocide definitions are ambiguous, setting a low threshold for implicating entities.
- The concept might unintentionally suggest it’s acceptable to destroy the environment for human benefit.
- Proving ecocide may be challenging, especially for transnational crimes involving corporations.
- The ICC’s limited jurisdiction, inability to hold corporate entities liable, and uneven track record in securing convictions are concerns.
India’s Stance
- India has recognized the legal personhood of nature in some judgments.
- Some Indian judgments have used the term ‘ecocide,’ but it hasn’t fully materialized in law.
- India’s legislative framework includes various environmental laws, which need consolidation and streamlining.
- The National Green Tribunal lacks jurisdiction over certain critical environmental matters.
- Addressing issues of liability and compensation remains a challenge, as seen in cases like the Bhopal gas disaster and CAMPA fund misuse.
- India should align its environmental laws with the concept of ecocide.
Conclusion
- Ecocide laws are crucial for protecting the environment and holding perpetrators accountable.
- However, challenges in defining, proving, and enforcing ecocide must be addressed.
- India needs to update its environmental laws to incorporate ecocide principles, promoting a more comprehensive approach to environmental protection.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Basic concepts
Mains level: Growing tax base, recent trends, opportunities and challenges
What’s the news?
- India sees a surge in taxpayer base amidst tax policy challenges; a stable tax-to-GDP ratio raises questions on fiscal maneuverability and economic growth prospects.
Central idea
- In the lead-up to each budget, the Union government cites limited tax revenues as a spending constraint. Recent years have seen a surge in direct and indirect tax payers, challenging the idea that only a small segment contributes. This should ideally raise the tax-to-GDP ratio, yet tax rate cuts and pandemic disruptions have limited fiscal gains, hinting at a deliberate shift to a low-tax regime.
What is meant by fiscal maneuverability?
- It refers to the government’s ability to adjust its revenue and expenditure policies in response to changing economic conditions, budget constraints, and policy goals.
What is Tax-to-GDP Ratio?
- The Tax-to-GDP ratio is a financial indicator that measures the total tax revenue collected by a government as a percentage of its overall GDP for a specific period, typically a fiscal year.
- This ratio is used to assess the level of taxation relative to the size of the economy.
- A higher Tax-to-GDP ratio suggests that a larger portion of a nation’s economic output is being collected in the form of taxes.
What Factors Have Led to the Government’s Limited Fiscal Maneuverability Before Budgets?
- The common refrain: Historically, the Union government has often cited its limited tax revenues as a significant constraint on its ability to maneuver effectively in the run-up to budgets.
- Steady increase in tax base: It’s noteworthy that there has been a consistent increase in both direct and indirect tax payers over recent years.
- Economic context: This expansion in the tax base has occurred during a phase of slower, uneven economic growth.
- Impact of tax cuts and disruptions: Despite the increase in taxpayers, cuts in both direct and indirect tax rates (including GST) and pandemic-induced economic disruptions have limited the fiscal gains from this surge in taxpayers.
How Has the Taxpayer Base Evolved in Recent Years?
- Growth in the taxpayer base: The tax base has shown substantial growth in recent years, challenging the belief that only a small section of society pays taxes.
- Direct tax base expansion: The number of companies paying tax grew by about 43 percent, from 7.46 lakh to 10.7 lakh, between the assessment years 2014–15 and 2022–23.
- Individual taxpayers: Individual taxpayers increased by 65 percent over the same period, rising from 5.38 crore to 8.9 crore.
- Role of small taxpayers: It’s important to note that a significant number of these new tax payers have incomes less than Rs 5 lakh.
Trends and Factors in the Expansion of the Indirect Tax Base
- Indirect tax base growth: The number of active GST payers increased from 1.2 crore in 2019 to 1.4 crore by June 2023.
- Composition: About 80 percent of these taxpayers are proprietorships, with another 10 percent being partnerships.
- Incentives for registration: Smaller establishments are incentivized to register under GST to avail of the input tax credit.
- Indirect tax impact: The growth in the indirect tax base may also be influencing the increase in direct tax payers.
Impact of Tax Rate Reductions
- Corporate tax rate reduction: In September 2019, the government announced a cut in the corporate tax rate for existing companies from 30 percent to 22 percent.
- Impact on revenue: As per government figures, the revenue loss on account of this corporate tax reduction was Rs 1.28 lakh crore in 2019–20 and Rs 1 lakh crore in 2020–21.
- Corporate tax-to-GDP ratio: The corporate tax-to-GDP ratio declined from 3.5 percent in 2018–19 to around 3.1 percent by 2022–23.
- Personal income tax rebates: In the interim budget of 2019, the government announced that individual taxpayers with taxable income up to Rs 5 lakh would get a full tax rebate.
- Personal income tax-to-GDP ratio: The personal income tax-to-GDP ratio increased from 2.5 percent in 2018–19 to 3 percent by 2022–23.
- Increase in zero tax liability: Notably, the number of individuals with zero tax liability also increased from 2.9 crore in 2019–20 to 5.16 crore in 2022–23, which may limit the gains from an expansion in the tax base.
What are the challenges?
- Revenue Sustainability: A challenge arises in ensuring that the gains from an expanding tax base translate into sustainable revenue streams. Despite the increase in taxpayers, tax cuts and disruptions may limit the fiscal benefits.
- Tax Evasion and Avoidance: Addressing tax evasion and avoidance remains a significant challenge. Although the formalization of the economy makes tax evasion more complicated, it requires effective measures to combat tax evasion further.
- Balancing Tax Cuts: The reduction in tax rates, such as the corporate tax cut, has implications for government revenue. Striking a balance between encouraging economic growth through lower taxes and maintaining adequate fiscal resources is a constant challenge.
- Targeted Spending: As the government’s fiscal space expands with a growing tax base, it faces the challenge of allocating resources effectively. Prioritizing and targeting spending on key development objectives while avoiding wasteful expenditures is essential.
Future Prospects
- Fiscal Sustainability: With an expanding economy and tax base, there is potential for improved fiscal sustainability. If managed effectively, this can provide the government with more resources to meet its long-term financial commitments.
- Development Opportunities: The growth in the tax base offers opportunities for increased public investment in critical sectors, fostering economic development, and improving the overall quality of life for citizens.
- Reduced Reliance on Borrowing: An increased tax base can reduce the government’s reliance on borrowing to meet budgetary needs, potentially leading to lower interest payments and debt management challenges.
- Incentive for Formalization: As more individuals and businesses enter the tax net, there’s a natural incentive for greater formalization of the economy. This can reduce the size of the informal sector and promote economic stability.
- Policy Flexibility: A broader tax base can provide the government with greater policy flexibility. It can consider adjustments to tax rates, exemptions, and deductions to support specific policy goals, such as promoting investment or addressing income inequality.
- Enhanced Economic Growth: With appropriate fiscal policies, the increased revenue potential from a growing tax base can contribute to sustained economic growth, job creation, and poverty reduction.
Conclusion
- The government’s strategic choices regarding tax rates have influenced the country’s tax landscape, expanded the taxpayer base while maintained stable tax-to-GDP ratios. As India’s economy continues to evolve, these gains should not be squandered through excessive giveaways but rather strategically allocated to promote sustainable development and economic growth.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Three key bills, provisions
Mains level: Indian justice system reforms ,Bharatiya Nyaya Sanhita Bill
What’s the news?
- The government recently introduced three key penal bills in a bid to reform the justice system.
Central Idea
- The recent introduction of three penal bills in the Lok Sabha by the government, aimed at decolonizing the Indian justice system, is a significant step in the realm of legal reform. While this initiative is commendable, it is crucial to recognize that the process of law-making and reform requires careful consideration and empirical validation.
Bharatiya Nyaya Sanhita Bill
- This bill aims to replace the existing Indian Penal Code (IPC) of 1860.
- The IPC defines crimes, sets out their elements, and prescribes corresponding penalties.
- The Bharatiya Nyaya Sanhita Bill seeks to update and modernize the criminal laws to better reflect evolving societal values and democratic aspirations.
Why Public Participation Matters in Legal Reform?
- The Colonial Legacy: Learning from Past Mistakes
- The colonial penal law was replaced not due to inherent flaws but because it lacked participation from the Indian populace, imposing foreign ideas and values.
- Recognizing the crucial need for broad public participation to avoid repeating this historical oversight
- Macaulay’s Principle Revisited: Seeking Legal Certainty Through Debate
- Reflecting on Thomas Babington Macaulay’s principle of “uniformity when you can have it, diversity where you must have it, but in all cases certainty.”
- Emphasizing the goal of achieving equal and uniform application of the law through meaningful debate.
- Stressing the significance of precise legal terminology for clarity and legal certainty.
What constitutes undesirable behavior?
- Changing Norms: The Evolution of Legal Definitions
- Highlighting the evolving societal perceptions concerning behaviors deemed undesirable.
- Citing examples like the transition of attempted suicide from a criminal offense to a recognized mental health issue under Section 115(1) of the Mental Health Care Act, 2017.
- Examining the Supreme Court’s role in redefining adultery and its legal implications
- From Offense to Health Issue: The Case of Attempted Suicide
- Illustrating the transformation of attempted suicide from a crime to a mental health concern, reflecting a more compassionate and holistic approach.
- Challenging Tradition: Adultery and the Supreme Court Decision
- Analyzing the Supreme Court’s decision to redefine adultery and emphasizing the judiciary’s role in adapting to evolving social norms
- The Call for Social Audit: Rethinking “Undesirable” Behavior
- Advocating for a comprehensive social audit to redefine the concept of “undesirable” behavior, taking into account changing societal perspectives.
- Stressing the importance of empirical analysis in this process.
- Independent Oversight: The Need for Impartiality
- underscoring the necessity of an independent and impartial body to conduct the social audit to ensure fairness and objectivity in evaluating behavioral norms.
How to Balance Simplicity and Complexity in Penal Laws?
- Simplification’s Promise: Streamlining the Legal Framework
- Acknowledging efforts to simplify the legal framework through the Bharatiya Nyaya Sanhita and highlighting potential benefits like enhanced clarity and efficiency in legal procedures.
- The Challenge of Overload: Retaining and Adding Offenses
- Addressing concerns about the risk of retaining and introducing new offenses, which could offset the advantages of simplification and potentially overwhelm the legal system.
- Revisiting Special Laws: The Malimath Committee’s Proposal
- Noting the proliferation of special penal laws post-Indian Penal Code to address emerging crimes.
- Suggesting an evaluation of whether these should be incorporated into the Bharatiya Nyaya Sanhita or managed through existing special laws or a new composite law, as proposed by the Malimath Committee.
Addressing Gender and Children’s Rights: What the Bill Says?
- Constitutional Alignment: Article 15(3) and Article 51A(e)
- Recognizing the alignment of the proposed Offenses Against Women and Children’ with the constitutional vision, specifically referencing Article 15(3) and Article 51A(e),
- Outdated Notions: Analyzing Clause 63 on Marital Rape
- Highlighting concerns with Clause 63, which excludes sexual intercourse between spouses above 18 from the definition of rape, and drawing parallels with colonial-era legal thinking
- Contradictory Provisions: Clauses 20 and 21 vs. Juvenile Justice Act of 2015
- Pointing out inconsistencies between retaining Clauses 20 and 21 in Chapter III (General Exceptions) and the philosophy of special laws for children outlined in Section 1(4) of the Juvenile Justice Act of 2015.
What does the new penal law prioritize?
- A Shift in Focus: Departing from the Colonial Framework
- Recognizing a departure from the colonial chapter scheme that favored the interests of the ruling class over body and property offenses.
- Placing bodily interests in Chapter VI, just before offenses against the state, indicating a significant shift in priorities.
- Measuring against the Constitution: Article 13(2)
- Raising questions about whether the proposed reforms will align with the constitutional vision enshrined in Article 13(2), which prohibits laws that infringe upon fundamental rights.
- Upholding Values: Autonomy, Equality, and Fraternity
- Highlighting the vital role of the proposed reforms in upholding principles of autonomy, equality, and fraternity as guaranteed by the Preamble of the Constitution
Conclusion
- The government’s initiative to reform the Indian justice system is laudable, but it must be accompanied by extensive public participation, a thorough examination of undesirable behavior, and a balanced approach to legal complexity. Only through careful consideration and a commitment to justice can the Bharatiya Nyaya Sanhita Bill truly decolonize and rejuvenate the Indian justice system.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: BRICS
Mains level: BRICS Expansion and significance
What’s the news?
- The 15th BRICS summit held in Johannesburg recently made headlines with its announcement to expand its membership.
Central idea
- The 15th BRICS summit in Johannesburg made waves in international diplomacy when it announced the invitation of six new members: Iran, Saudi Arabia, the United Arab Emirates (UAE), Egypt, Ethiopia, and Argentina. This move signifies BRICS’ commitment to challenging the West-dominated world order and building a more representative international system.
Expanding BRICS: A New Global Landscape
- The expansion of BRICS to include Iran, Saudi Arabia, the United Arab Emirates (UAE), Egypt, Ethiopia, and Argentina
- It was reported that 40 countries have shown interest in BRICS’ membership, with 22 having submitted formal applications.
- BRICS has been a platform for emerging economies to voice their dissatisfaction with Western-dominated global institutions like the World Bank, IMF, and UN.
- At the Johannesburg summit, the UN Secretary General labeled these institutions of yesterday’s world, reflecting the need for change.
- With the inclusion of new members, BRICS now represents 46% of the world’s population and 37% of the global GDP in PPP terms, surpassing the G-7.
- This expansion also greatly impacts the energy sector, with the BRICS now accounting for 42% of global oil production.
Significance of BRICS Expansion
- Economic Clout: The BRICS’ share of global GDP in PPP terms rises from 31.5% to 37%, surpassing the G-7. This expansion creates a formidable economic bloc with the potential to shape global economic policies and trade dynamics.
- Demographic Powerhouse: The BRICS now represent 46% of the world’s population, giving them significant demographic weight. This diverse population can influence global consumer markets and labor forces.
- Energy Dominance: The inclusion of new members from energy-rich regions, especially West Asia, boosts BRICS’ role in global energy markets. It solidifies BRICS as a major player in shaping global energy policies.
- Geo-Strategic Influence: West Asian members already have strong ties with BRICS countries, contributing to the group’s geo-strategic significance. Egypt and Ethiopia hold key positions in the Horn of Africa and the Red Sea region, adding to BRICS’ strategic reach.
- Shared Political Views: BRICS members have historically shared political views on global issues. The new members’ alignment with these views strengthens BRICS’ collective stance on the United Nations, Middle East conflicts, and global terrorism.
- Multipolar Advocacy: BRICS challenges the Western-dominated international order. The expansion reaffirms BRICS’ commitment to advocating for a multipolar world order and reforming global institutions.
- Cooperative Opportunities: The inclusion of new members opens avenues for increased cooperation in areas such as trade, investment, infrastructure, and technology transfer. This expansion promotes South-South collaboration.
- Global Balance Shift: BRICS’ expansion further shifts the global balance of power away from Western-dominated institutions. It elevates the influence of emerging economies in shaping global policies.
BRICS’ Substantial Achievements
- Consistent Declarations: BRICS leaders have met for over 15 years, consistently overcoming internal divisions and competitions to issue consensual “Declarations” at each summit. These declarations have expanded in content, reflecting the group’s evolving priorities and interests.
- Focus on Specific Deliverables: The declarations have increasingly focused on specific deliverables, indicating BRICS’ commitment to achieving tangible outcomes. This shift from broad rhetoric to concrete action is a substantial achievement.
- Intra-BRICS Cooperation: The Johannesburg Declaration emphasizes the importance of intra-BRICS cooperation. Member countries are committed to encouraging the use of local currencies in internal trade and financial transactions, promoting economic integration within the group.
- Outreach to Developing Nations: BRICS recognizes its role in supporting other developing nations. The group aims to extend its cooperation beyond its borders, reaching out to other countries that share similar development challenges.
- Shared Political Views: BRICS members have a history of sharing common political views on various global issues. This shared perspective strengthens their collective voice on matters such as the centrality of the United Nations, conflicts in the Middle East, and global terrorism.
- Promoting Multipolarity: BRICS challenges the Western-dominated international order by advocating for a multipolar world. This advocacy represents a substantial achievement in pushing for reforms and greater representation for emerging economies in global institutions.
Criticisms directed at the BRICS
- Talk-Shop with No Vision: Some Western commentators have criticized BRICS as being a talk-shop with no clear shared vision or meaningful achievements. This criticism suggests that BRICS meetings and declarations may lack substance and practical outcomes.
- Lack of Shared Vision: Critics argue that BRICS members have not demonstrated a cohesive or unified vision for the group’s role in global affairs. This criticism implies that the members may have divergent interests that hinder effective cooperation.
- Limited Achievements: Some critics have suggested that BRICS has not achieved significant or tangible results in its over 15 years of existence. This criticism questions the group’s ability to translate its discussions into meaningful actions or outcomes.
- Emerging Global Binary Divide: While not explicitly mentioned in the article, there is an implied criticism that BRICS may contribute to an emerging global binary divide or a new cold war between Western and non-Western nations. This view suggests that BRICS could exacerbate global divisions rather than promote cooperation.
Outlook for Regional Affairs
- The new BRICS members from West Asia, such as Saudi Arabia and the UAE, have pursued independent foreign policy paths since 2020.
- Saudi Arabia, for instance, has actively engaged in de-escalation efforts, including ending the Qatar blockade in January 2021, establishing relations with Turkey, and initiating interactions with Iran in April 2021.
- These diplomatic engagements culminated in a significant China-brokered accord with Iran in March of the following year.
- Maritime Expansion: The UAE has also normalized ties with Iran and is actively expanding its maritime presence across key strategic regions, including the Gulf, the Gulf of Aden, the Red Sea, and the Horn of Africa. This maritime expansion underscores the UAE’s growing influence in these areas.
Outlook for Global Affairs
- Rejecting the Binary Divide:
- In contrast to Western commentators who perceive an emerging global binary divide or a new cold war, India and other BRICS members reject this view.
- They insist on asserting their strategic autonomy within a multipolar world order, rejecting the idea of being drawn into simplistic global power struggles.
- A recent media report described the Johannesburg summit as a turning point in modern history.
- This suggests that the expansion of BRICS, combined with its evolving role in global affairs, is seen as a pivotal and historic moment with profound implications for the contemporary international landscape.
Conclusion
- BRICS continues to assert its strategic autonomy and push for a multipolar world order, challenging Western-led international institutions. This expansion is a turning point in modern history, reflecting the evolving dynamics of global diplomacy.
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