December 2024
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Crimes against humanity and an obtuse Indian stance

Note4Students

From UPSC perspective, the following things are important :

Mains level: Crimes Against Humanity;

Why in the News?

India’s stance on a ‘crimes against humanity’ treaty reflects its longstanding reservations about the Rome Statute and the International Criminal Court.

What is India’s stance on the proposed Crimes Against Humanity treaty?

  • Non-Party to the Rome Statute: India is not a signatory to the Rome Statute and has consistently expressed objections to the ICC’s jurisdiction, particularly regarding the powers of the ICC prosecutor and the role of the UN Security Council in prosecuting international crimes. India argues that it should be able to address such issues through its national legal system rather than through international mechanisms.
  • Call for In-Depth Study: For 5 years, India has advocated for a comprehensive examination of the need for a dedicated CAH treaty. This reflects its belief that existing frameworks may not adequately address the complexities of CAH.
  • Concerns Over Duplication: India is wary that a new CAH treaty could overlap with existing laws under the Rome Statute, potentially complicating accountability measures rather than clarifying them.

How does India’s legal framework address crimes against humanity?

  • Lack of Domestic Legislation: Currently, India does not have specific domestic laws prohibiting crimes against humanity. The absence of such legislation was highlighted by Justice S. Muralidhar of the Delhi High Court, who noted that neither CAH nor genocide is included in India’s criminal law. This gap indicates a need for legislative action to align with international standards.
  • Emphasis on National Jurisdiction: India maintains that national courts are more suitable for addressing CAH and other international crimes, emphasising its preference for national over international jurisdiction in these matters.

Why should India have proper legislation related to Crime against humanity?

  • Inadequate Domestic Legislation: Despite ratifying the Genocide Convention, India lacks domestic laws to enforce its provisions, creating a gap in prosecuting crimes like genocide and CAH.
  • International Accountability: Enacting CAH laws would align India’s legal framework with international standards, fulfilling commitments and enhancing global cooperation on prosecuting international crimes.
  • Justice for Mass Atrocities: India’s history of communal violence underscores the need for CAH laws to ensure justice, accountability, and deterrence against future atrocities while safeguarding human rights.
  • Leadership in Human Rights: By adopting CAH laws, India could address global issues like terrorism, advocate for accountability, and position itself as a leader in promoting justice and human dignity.
  • Empowering National Courts: CAH laws would strengthen Indian courts’ ability to handle serious human rights violations, reinforcing the country’s preference for national jurisdiction over international mechanisms.

What are India’s specific concerns regarding the definitions and scope of crimes against humanity?

  • Definition of Crimes: India has raised objections to certain definitions within the proposed treaty. It argues against including “enforced disappearance” as a CAH while advocating for “terrorism” to be recognised as such. This reflects India’s broader security concerns and its focus on acts it deems more relevant to its national context.
  • Scope of Application: India contends that crimes committed only during armed conflicts should be classified as CAH, opposing any broader interpretation that includes peacetime offences. This position underscores India’s strategic interests and its approach to defining accountability in terms of state actions during conflicts rather than in peacetime contexts.

Way forward: 

  • Enact Comprehensive Domestic Legislation: India should introduce laws addressing crimes against humanity and other international crimes, aligning with global standards while addressing domestic concerns like terrorism and communal violence.
  • Advocate for Inclusive Global Frameworks: India can engage constructively in international negotiations on the CAH treaty, pushing for definitions and provisions that address its concerns, such as including terrorism, while leveraging its stance to lead global efforts in promoting accountability and human rights.

Mains PYQ:

Q What do each of the following quotations mean to you? “Condemn none: if you can stretch out a helping hand, do so. If not, fold your hands, bless your brothers, and let them go their own way.” – Swami Vivekanand (UPSC IAS/2020)

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The political crisis in South Korea

Note4Students

From UPSC perspective, the following things are important :

Mains level: India-South Korea relation;

Why in the News?

President Yoon Suk Yeol’s decision to declare martial law on December 3 caused a crisis, but the National Assembly rejected it. On December 14, he was impeached, leading to a long legal fight in South Korea’s Constitutional Court.

What Led to President Yoon Suk Yeol’s Declaration of Martial Law?

  • Political Frustration: Facing increasing opposition and a loss of support from the National Assembly after the April 2024 elections, Yoon declared martial law on December 3, 2024, in a desperate attempt to maintain control amid growing dissent against his administration’s policies and allegations of corruption involving his wife.
  • Opposition Assertiveness: The opposition parties gained significant power in the National Assembly, securing 192 out of 300 seats. Their assertive stance against Yoon’s government exacerbated tensions, prompting him to take extreme measures to suppress dissent.
  • Failed Military Response: Despite sending military and police forces to various locations, including the National Assembly, their reluctance to act against peaceful protests highlighted the lack of support for Yoon’s decision. The National Assembly members voted overwhelmingly against martial law, leading to its withdrawal shortly after its declaration.

How Has the Political Landscape Changed Following the Impeachment Proceedings?

  • Increased Polarization: The impeachment motion against Yoon, which passed with 204 votes in favour on December 14, 2024, reflects deepening political polarization in South Korea.
    • The ruling People Power Party (PPP) faced internal conflict over how to respond to the impeachment, indicating fractures within conservative ranks.
  • Opposition Power Dynamics: The opposition has gained momentum and confidence following the successful impeachment motion. This shift has allowed them to challenge Yoon’s policies more aggressively and seek accountability for alleged corruption within his administration.
  • Public Sentiment: Yoon’s popularity has plummeted due to his handling of both domestic and foreign policies, as well as controversies surrounding his wife. This decline has strengthened the opposition’s position and increased public demand for accountability.

What are the potential implications of this crisis for South Korea’s democratic institutions?

  • Erosion of Democratic Norms: The use of martial law and aggressive tactics against political opponents raises concerns about the erosion of democratic norms in South Korea. Such actions could set a precedent for future administrations to bypass democratic processes in times of political strife.
  • Judicial Independence at Stake: The ongoing impeachment proceedings will be reviewed by the Constitutional Court, which may face pressure from public opinion and political factions. The outcome could influence perceptions of judicial independence and integrity within South Korea’s legal system.
  • Long-Term Stability Concerns: If political leaders continue to engage in vendetta politics and prioritize partisan interests over national unity, it could undermine public trust in democratic institutions. This instability may hinder effective governance and exacerbate societal divisions.

What are the challenges in India that could prevent a South Korea-like scenario?

  • Diverse Federal Structure: India’s federal system and strong regional governments provide multiple centers of power, reducing the likelihood of concentrated national-level crises.
  • Robust Democratic Institutions: A vibrant judiciary, free press, and active civil society act as checks against potential abuses of power.
  • Electoral Accountability: Regular elections at various levels ensure political leaders remain answerable to the public, mitigating prolonged governance failures.
  • Cultural and Political Pluralism: India’s diversity in culture, language, and political ideologies discourages the kind of national consensus required for large-scale systemic crises like in South Korea.

What should India do to prevent this type of situation? (Way forward)

  • Strengthen Democratic Institutions: India should prioritize the independence and resilience of democratic institutions, including the judiciary, Election Commission, and a free press, to ensure checks and balances against potential overreach by any government.
  • Promote Political Accountability and Transparency: Encourage bipartisan dialogue and accountability mechanisms to address corruption and governance issues, preventing political polarization and maintaining public trust in democratic processes.

Mains question for practice:

Q Analyze the factors that led to the declaration of martial law by President Yoon Suk Yeol in South Korea and discuss its implications for democratic institutions. What lessons can India draw from this crisis to strengthen its own democratic framework? (250 words) 15M

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Promoting Science and Technology – Missions,Policies & Schemes

What are Hydrothermal Vents?

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Hydrothermal Vents

Why in the News?

  • Indian oceanographers have captured the first-ever image of an active hydrothermal vent located 4,500 metres below the surface of the Indian Ocean.
    • This discovery is part of India’s Deep Ocean Mission under the Ministry of Earth Sciences, with a total outlay of ₹4,000 crore.

What are Hydrothermal Vents?

  • Hydrothermal vents are typically found near tectonic plates, where cold water (about 2°C) near the ocean floor mixes with magma, leading to superheated water (up to 370°C) that emerges through chimneys.
  • These vents release mineral-rich plumes, including metals like copper, zinc, gold, silver, platinum, iron, cobalt, and nickel, making them significant for mineral exploration.

Mineral Potential of Hydrothermal Vents:

  • Hydrothermal vent deposits are rich in valuable minerals such as copper, zinc, gold, silver, and nickel, which are highly sought after for various industries.
  • These vents can remain active for periods ranging from a few hundred years to 30,000 years, making them long-lasting and crucial for mineral exploration.
  • Scientists at NCPOR, confirmed that the image showed an active vent chimney with black smokers, and signs of chemosynthetic organisms thriving in this extreme environment.
    • This discovery enhances India’s Deep Ocean Mission, particularly the Samudrayaan mission, which focuses on mineral exploration from inactive hydrothermal vents.

About the Hydrothermal Exploration Programme by NCPOR:

Details
  • A scientific initiative by the National Centre for Polar and Ocean Research (NCPOR) to explore hydrothermal vents in the Indian Ocean, focusing on the Central and Southwest Indian Ridges.
  • Aimed at mineral exploration and studying ecosystems around hydrothermal vents.
Aims and Objectives
  • Locate and Study Hydrothermal Vents: Identify active vents with minerals like copper, zinc, gold, and nickel.
  • Mineral Exploration: Part of India’s Deep Ocean Mission, aiming at valuable mineral exploration such as cobalt and platinum.
  • Biodiversity Studies: Understand chemosynthetic organisms that thrive in extreme conditions of the vents.
Key Features of the Programme
  • Geophysical Surveys: Conducted since 2012 to detect temperature anomalies and turbidity in the water columns for locating vent fields.
  • Use of Advanced Technology: Utilizes Automatic Underwater Vehicles (AUVs) and high-resolution imaging.
  • Collaborations: Partners with the National Institute of Ocean Technology (NIOT) for exploration in the Southern Indian Ocean.

 

About the Deep Ocean Mission (DOM):

  • DOM is an ambitious initiative by the Ministry of Earth Sciences (MoES) approved in 2021 to develop technologies for deep-sea exploration.
  • Part of the 9 missions under the Prime Minister’s Science, Technology, and Innovation Advisory Council (PMSTIAC).

Important updates in DOM:

  • Samudrayaan and Matsya6000:
    • Launched in 2021 under DOM, Samudrayaan is India’s flagship crewed expedition to reach a depth of 6,000 m in the Central Indian Ocean.
    • The mission will utilize Matsya6000, a deep-ocean submersible designed for a three-member crew.
      • Construction: Made from titanium alloy to endure pressures up to 6,000 bar.

India’s Ocean Exploration Milestones:

  • 1981: Ocean studies began with a program on polymetallic nodules (PMN) initiated at CSIR-NIO, marked by the collection of the first nodule sample from the Arabian Sea aboard the research vessel Gaveshani.
  • 1987: India became the first country to receive Pioneer Investor status from the International Seabed Authority (ISA).
    • Allocated 1.5 lakh km² in the Central Indian Ocean Basin (CIOB) for nodule exploration, based on extensive surveys by CSIR-NIO.
  • 2002: India signed a contract with the ISA; after resource analysis, surrendered 50% of the allotted area, retaining 75,000 km².
  • Further studies narrowed the mining area to 18,000 km², identified as the First Generation Mine-site.

 

PYQ:

[2021] Consider the following statements:

  1. The Global Ocean Commission grants licences for seabed exploration and mining in international waters.
  2. India has received licences for seabed mineral exploration in international waters
  3. ‘Rare earth minerals’ are present on the seafloor in international waters.

Which of the statements given above are correct?

(a) 1 and 2 only
(b) 2 and 3 only
(c) 1 and 3 only
(d) 1, 2 and 3

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North-East India – Security and Developmental Issues

What is Protected Area Regime (PAR)?

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Protected Area Regime (PAR)

Why in the News?

  • The Manipur government has announced that the Central government has re-imposed the Protected Area Regime (PAR) in Manipur, Mizoram, and Nagaland, all of which share borders with Myanmar.
    • The reimposition of the PAR comes after 13 years of relaxation and is aimed at addressing security concerns, primarily the alleged illegal immigration from Myanmar.

What is the Protected Area Regime (PAR)?

Details
    • Introduced under the Foreigners (Protected Areas) Order, 1958, which is part of the Foreigners Act, 1946.
  • The regime was created to regulate the movement of foreigners in sensitive areas near international borders.
  • It applies to regions between the Inner Line and the International Border, primarily areas close to Myanmar in these states.

Objectives: To ensure national security by restricting foreign nationals’ access to sensitive regions.

Implications:  

  • For Foreign Visitors: Special permits and approvals required, potentially discouraging tourism.
  • Impact on Tourism and Development: Could slow international tourism and investments, reversing earlier benefits.
  • Enhanced Security: Allows tighter control over foreign movements, addressing illegal migration.
  • Border Control: Strengthens border management, reducing unauthorized cross-border activities.
Areas Covered
  • Pre-2010: Applied to all of Arunachal Pradesh, Sikkim, Manipur, Mizoram, Nagaland, and parts of Jammu & Kashmir, Rajasthan, Himachal Pradesh, and Uttarakhand.
  • 2010 Relaxation: The regime was relaxed for Manipur, Mizoram, and Nagaland, allowing foreigners to visit these areas without special permits.
  • 2024 Reimposition: The regime has been reimposed in these states, particularly due to security concerns related to illegal immigration and border management.
Structural Mandate 
  • Mandate: Foreign nationals must apply for a Protected Area Permit (PAP) through the Ministry of Home Affairs (MHA) or state authorities to enter these areas.
  • Implementation: The PAPs specify the duration of stay and movement routes. Unauthorized extension or deviation from routes is prohibited. The system is managed under the Foreigners (Protected Areas) Order, 1958.
  • Exemptions: Some countries may have exemptions, and Indian citizens generally do not need PAPs to travel in these areas.

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Economic Indicators and Various Reports On It- GDP, FD, EODB, WIR etc

A Study of Budgets of 2024-25 (Fiscal Reforms by States) Report released by RBI

Note4Students

From UPSC perspective, the following things are important :

Prelims level: RBI, Key highlights of the report

Why in the News?

  • According to the RBI report on state finances, India’s fiscal deficit has increased from 2.8% of GDP in FY22 to a projected 3.2% in FY24, signaling that fiscal consolidation is being side-lined in favor of increasing expenditure.
    • Capital expenditure (capex) has risen from 2.2% of GDP in FY23 to a budgeted 3.2% in FY24, indicating increased investment in assets for future growth.

Fiscal position of the States as per the Report

  • Fiscal Deficit:
      • The Gross Fiscal Deficit (GFD) of states is projected to rise from 2.7% of GDP in FY2022-23 to 2.9% of GDP in FY2023-24.
      • This rise indicates that fiscal consolidation has been put on hold, with states continuing to spend more than their revenues.
      • Many states have budgeted for fiscal deficits above the 3% of GSDP mark, including Andhra Pradesh, Himachal Pradesh, Madhya Pradesh, and West Bengal, among others.
  • Revenue Expenditure:
      • Revenue Expenditure is expected to increase to 14.6% of GDP in FY2025, up from 13.5% in FY2024, indicating a rise in the current expenditure of states.
  • Capital Expenditure (Capex):
      • States have ramped up their capital expenditure (spending on creating assets), which has increased from 2.2% of GDP in FY2023 to 3.2% of GDP in FY2024.
      • This increase is in line with the government’s focus on infrastructure and long-term growth.
  • State Revenue:
      • State revenues are projected to increase from 13.3% of GDP in FY2024 to 14.3% in FY2025, driven by improved tax collections.
      • There has been a marked improvement in own tax revenue buoyancy compared to the pre-Covid period.
  • Debt-to-GDP Ratio:
      • The debt-to-GDP ratio for states has increased slightly to 28.8% in FY2024, from 28.5% in FY2023.
      • States with high fiscal deficits tend to have debt-to-GDP ratios above the national average, which suggests they have been sustaining deficits for a longer time.
  • Borrowing Trends:
      • States have shifted significantly towards market borrowings.
      • The share of market borrowings in financing the fiscal deficit has increased from 17% in 2005-06 to 79% in FY2024-25.
  • Recommendations:
    • The report suggests prudent management of subsidies, rationalization of centrally sponsored schemes, debt consolidation, and the adoption of climate and outcome budgeting to improve state fiscal health.

PYQ:

[2018] Consider the following statements:

  1. The Fiscal Responsibility and Budget Management (FRBM) Review Committee Report has recommended a debt to GDP ratio of 60% for the general (combined) government by 2023, comprising 40% for the Central Government and 20% for the State Governments.
  2. The Central Government has domestic liabilities of 21% of GDP as compared to that of 49% of GDP of the State Governments.
  3. As per the Constitution of India, it is mandatory for a State to take the Central Government’s consent for raising any loan if the former owes any outstanding liabilities to the latter.

Which of the statements given above is/are correct?

(a) 1 only
(b) 2 and 3 only
(c) 1 and 3 only
(d) 1, 2 and 3

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NITI Aayog’s Assessment

Niti Aayog moots policy measures to develop workers’ accommodation around factories

Note4Students

From UPSC perspective, the following things are important :

Prelims level: SAFE Initiative

Why in the News?

NITI Aayog has proposed a set of policy interventions to enable the creation of mega workers’ accommodations near factories under its initiative called S.A.F.E (Site Adjacent Factory Employee) Accommodation-Worker Housing for Manufacturing Growth.

About the S.A.F.E. (Site Adjacent Factory Employee) Initiative

Overview
  • S.A.F.E. initiative by NITI Aayog aims to provide affordable dormitory-style housing for workers near industrial areas, especially migrant laborers, including women.
    • The housing will include essential amenities like water, electricity, and sanitation, improving workers’ living conditions and enhancing productivity.
Key Features
  • Location: Housing will be near industrial hubs to minimize commute time.
  • Basic Amenities: Includes water, electricity, and sanitation.
  • Ownership: Non-transferable accommodations, strictly for worker use, ensuring worker welfare.
Significance
  • Worker Welfare: Improves living standards and promotes gender inclusivity.
  • Productivity: Reduces commute time, enhancing productivity and reducing attrition.
  • Economic Growth: Attracts global investors and supports India’s manufacturing growth target of 25% GDP by 2047.
Key Recommendations
  • Tax & GST Benefits: Reclassification for tax exemptions to make the initiative financially viable.
  • Zoning Laws: Amendments for mixed-use developments to integrate worker housing.
  • Viability Gap Funding (VGF): 30%-40% of project cost for financial support.
  • Environmental Clearances: Streamlining for faster approvals.
  • Financial Support: Public-private partnerships for development and management.

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