Note4Students
From UPSC perspective, the following things are important :
Prelims level: Right to be Forgotten
Mains level: Right to Privacy Issues
A TV celebrity has approached the Delhi High Court with a plea saying that his videos, photographs, and articles, etc. be removed from the internet citing his “Right to be Forgotten”.
What is the plea about?
- The plea mentions that the posts and videos on the internet related to him have caused the petitioner psychological pain for his diminutive acts.
- The plea also states that the petitioner’s mistakes in his personal life become and remains in public knowledge for generations to come.
- Consequently, the values enshrined under Article 21 of the Indian Constitution and the emergent jurisprudential concept of the Right to be Forgotten becomes extremely relevant in the present case.”
What is the ‘Right to be Forgotten’ in the Indian context?
- The Right to be Forgotten falls under the purview of an individual’s right to privacy, which is governed by the Personal Data Protection Bill that is yet to be passed by Parliament.
- In 2017, the Right to Privacy was declared a fundamental right by the Supreme Court in its landmark verdict.
What does the Personal Data Protection Bill say about this?
- The Personal Data Protection Bill was introduced in Lok Sabha on December 11, 2019, and it aims to set out provisions meant for the protection of the personal data of individuals.
- Clause 20 under Chapter V of this draft bill titled “Rights of Data Principal” mentions the “Right to be Forgotten.”
- It states that the “data principal (the person to whom the data is related) shall have the right to restrict or prevent the continuing disclosure of his personal data by a data fiduciary”.
- Therefore, broadly, under the Right to be forgotten, users can de-link, limit, delete or correct the disclosure of their personal information held by data fiduciaries.
- A data fiduciary means any person, including the State, a company, any juristic entity, or any individual who alone or in conjunction with others determines the purpose and means of the processing of personal data.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: National Security Council (NSC)
Mains level: Not Much
The budgetary allocation for the National Security Council Secretariat (NSCS) increased 10 times from ₹33.17 crores in 2016-17 to ₹333.58 crores in 2017-18.
National Security Council (NSC)
- The NSC is an executive government agency tasked with advising the Prime Minister’s Office on matters of national security and strategic interest.
- It was established by the former PM of India Atal Bihari Vajpayee on 19 November 1998, with Brajesh Mishra as the first National Security Advisor.
- Prior to the formation of the NSC, these activities were overseen by the Principal Secretary to the preceding Prime Minister.
Members
- Besides the NSA the Deputy National Security Advisors, the Ministers of Defence, External Affairs, Home, Finance of the Government of India, and the Vice Chairman of the NITI Aayog are members of the National Security Council.
- PM can chair the meeting of NSC (for eg – PM chaired the meeting of NSC Post Pulwama to discuss heightened tension with Pakistan).
- Other members may be invited to attend its monthly meetings, as and when is required.
Organizational structure
- The NSC is the apex body of the three-tiered structure of the national security management system in India.
- The three tiers are the Strategic Policy Group, the National Security Advisory Board, and a secretariat from the Joint Intelligence Committee.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: PLFS
Mains level: Unemployment in India
The Periodic Labour Force Survey (PLFS) Annual Report for July, 2019 to June 2020 was recently released by the National Statistical Office (NSO).
Periodic Labour Force Survey
- Considering the importance of the availability of labor force data at more frequent time intervals, National Statistical Office (NSO) launched PLFS in April 2017.
- The objective of PLFS is primarily twofold:
- to estimate the key employment and unemployment indicators (viz. Worker Population Ratio, Labour Force Participation Rate, Unemployment Rate) in the short time interval of three months for the urban areas only in the Current Weekly Status (CWS).
- to estimate employment and unemployment indicators in both ‘Usual Status’ and CWS in both rural and urban areas annually.
Various dimensions of the survey
The PLFS gives estimates of Key employment and unemployment Indicators:
- Labour Force Participation Rate (LFPR): LFPR is defined as the percentage of persons in the labor force (i.e. working or seeking or available for work) in the population.
- Worker Population Ratio (WPR): WPR is defined as the percentage of employed persons in the population.
- Unemployment Rate (UR): UR is defined as the percentage of persons unemployed among the persons in the labor force.
- Activity Status- Usual Status: When the activity status is determined on the basis of the reference period of the last 365 days preceding the date of the survey, it is known as the usual activity status of the person.
- Activity Status- Current Weekly Status (CWS): The activity status determined on the basis of a reference period of the last 7 days preceding the date of the survey is known as the CWS of the person.
Highlights of the third report
- The Labour force participation ratio has increased to 40.1% in 2019-20 from 37.5% and 36.9%, respectively, in the last two years.
- Worker population rate improved to 38.2% in 2019-20 compared with 35.3% in 2018-19 and 34.7% in 2017-18.
- The unemployment rate fell to 4.8% in 2019-20. In 2018-19, it stood at 5.8% and 6.1% in 2017-18.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Labour force participation rate
Mains level: Paper 3- Challenges in easing the monetary policy
Context
Economic-policy discussions increasingly revolve around the question of when and how quickly central banks should pull back the uber-stimulus measures implemented last year in response to the pandemic.
Why withdrawal is challenging?
- Uncertainties: Both parts of the question (when and how) call for finely balanced judgment to account for uncertainties that are in play.
- Policy changes by major central banks can have far-reaching implications for economic and financial well-being, affecting not just those directly involved but also the many nations.
- To answer the question, an assessment of three current issues is required:
- The labor market.
- The surge in inflation.
- The risk of not being able to recover quickly in the event of a policy mistake.
Let’s look into these three issues
1) Labour market puzzle
- Despite massive demand, the labor market is unable to match unemployed workers to jobs.
- The situation is particularly stark in the US.
- Job data for April show that there are a record number of job openings in the US—more than nine million—labor-force participation remains stubbornly low, and unemployment high, compared to pre-pandemic levels.
- The labor market’s persistent malfunctioning—particularly employers’ struggle to find employees—is likely to lead to higher wage growth, a possibility that fuels concern about the second issue-inflation.
2) Inflation: Is it transitory or long-lasting?
- There is a view that the current uptick in inflation will sharply reverse itself.
- As the year progresses, it is expected that the base effect will wash out together with the supply and demand mismatches.
- However, there is a possibility of supply bottlenecks, changes in supply chains, and lasting inventory management challenges.
3) Policy challenges: To act or not to act
- Policymakers must be mindful of the risks associated with any given course of action—including inaction.
- In the face of such uncertainty, it is wise to ask not just what could go wrong but also what the consequences of a policy mistake would be.
- Under the current conditions, a wrong move could have far-reaching, lasting effects.
- Those favoring a continuation of loose monetary policies argue that central bankers still have tools to overcome inflation should it persist.
- But as the opponents are quick to point out, those tools have become increasingly ineffective and difficult to calibrate.
- The risk of inaction (or inertia) in this case may be larger than that of acting early.
Options with systemically important central banks
- In the case of the US, economic growth is buoyant, fiscal policy is also extremely expansionary, and businesses and households alike have significant accumulated savings that they will now be spending down.
- The conditions are now ripe for the Fed to start reducing—gradually and carefully—its bond-buying program from its current rate of $120 billion per month.
- The European Central Bank, however, is in a different position.
- While eurozone growth is picking up, the level of financial support is not as strong as in the US, and the private-sector recovery is not as advanced.
- The hardest case to call in the UK.
- With growth, fiscal support, and the private sector’s prospects more finely balanced.
- Other central bankers around the world also have an important role to play.
- Central bankers elsewhere should be running their own scenario analyses and formulating appropriate response plans.
Conclusion
There is nothing wrong with hoping that three systemically important central banks will get to their destination smoothly. But the journey is far from over, and the risk of someone slipping is not negligible.
Back2Basics: Labour force participation rate
- The labor force participation rate is a measure of an economy’s active workforce.
- The formula for the number is the sum of all workers who are employed or actively seeking employment divided by the total noninstitutionalized, civilian working-age population.
- Used in conjunction with the unemployment numbers, it offers some perspective into the state of the economy.
Source:
https://www.financialexpress.com/opinion/withdrawal-symptoms-central-banking-fast-and-slow/2295940/
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Right to Privacy
Mains level: Surveillance related issues
After alleged WhatsApp snooping cases the government has claimed that all interception in India takes place lawfully.
Try this question in the comment box:
Q.There should be some reasonable basis or some tangible evidence to initiate or seek approval for interception by State authorities. Critically comment with respect to individual privacy and surveillance laws in India. (250W)
What are the laws covering surveillance in India?
Communication surveillance in India takes place primarily under two laws:
- Telegraph Act, 1885: It deals with interception of calls.
- Information Technology Act, 2000: It was enacted to deal with surveillance of all electronic communication, following the Supreme Court’s intervention in 1996.
[I] Telegraph Act, 1885
- Call interception: Under Section 5(2) of this law, the government can intercept calls only in certain situations.
- For sovereignty: They include the interests of the sovereignty and integrity of India, the security of the state, friendly relations with foreign states or public order, or for preventing incitement to the commission of an offense.
- Free speech restrictions: These are the same restrictions imposed on free speech under Article 19(2) of the Constitution.
- Exceptions for journalists: A provision in Section 5(2) states that even this lawful interception cannot take place against journalists.
Supreme Court intervention
- In Public Union for Civil Liberties v Union of India (1996), the Supreme Court pointed out the lack of procedural safeguards in the provisions of the Telegraph Act.
- The court noted that authorities engaging in interception were not even maintaining adequate records and logs on an interception.
- It noted that- tapping is a serious invasion of an individual’s privacy.
- The Supreme Court’s guidelines formed the basis of introducing Rule 419A in the Telegraph Rules in 2007 and later in the rules prescribed under the IT Act in 2009.
- Rule 419A states that a Secretary in the MHA can pass orders of interception in the case of the Centre, and a secretary-level officer who is in charge of the Home Department can issue such directives in States.
[II] IT Act, 2000
- Electronic surveillance: Section 69 of the IT Act and the IT (Procedure for Safeguards for Interception, Monitoring, and Decryption of Information) Rules, 2009 were enacted to further the legal framework for electronic surveillance.
- Data interception: Under the IT Act, all electronic transmission of data can be intercepted.
- Section 69 of the IT Act adds another aspect that makes it broader — interception, monitoring, and decryption of digital information “for the investigation of an offense”.
Identifying the gaps
- In 2012, the Planning Commission was tasked with identifying the gaps in laws affecting privacy.
- It pointed out divergence in-laws on permitted grounds, “type of interception”, “granularity of information that can be intercepted”, the degree of assistance from service providers, and the “destruction and retention” of intercepted material.
- Although the grounds of selecting a person for surveillance and the extent of information gathering have to be recorded in writing, the wide reach of these laws has not been tested in court against the cornerstone of fundamental rights.
Only inference: Right to Privacy is not absolute
- Only in such exceptional circumstances, however, can an individual’s right to privacy be superseded to protect the national interest.
- In today’s times, when fake news and illegal activities such as cyber terrorism on the dark web are on the rise, the importance of reserving such powers to conduct surveillance cannot be undermined.
What is our concern?
- For Pegasus-like spyware to be used lawfully, the government would have to invoke both the IT Act and the Telegraph Act.
- There is no comprehensive data protection law leaving ambiguities over several laws.
- A comprehensive data protection law to address the gaps in existing frameworks for surveillance is yet to enact.
What should be the basis for surveillance?
- There should be some reasonable basis or some tangible evidence to initiate or seek approval for interception by State authorities.
- Any action without such evidence or basis would be struck down by courts as arbitrary, or invasive of one’s right to privacy.
- Any digression from the ethical and legal parameters set by law would be tantamount to a deliberate invasion of citizens’ privacy and make India a surveillance state.
Way forward
- The security of a device becomes one of the fundamental bedrock of maintaining user trust as society becomes more and more digitized.
- There is an urgent need to take up this issue seriously by constituting an independent high-level inquiry with credible members and experts that can restore confidence and conduct its proceedings transparently.
Conclusion
- We must recognize that national security starts with securing the smartphones of every single Indian by embracing technologies such as encryption rather than deploying spyware.
- This is a core part of our fundamental right to privacy.
- This intrusion by spyware is not merely an infringement of the rights of the citizens of the country but also a worrying development for India’s national security apparatus.
Back2Basics: Right to Privacy
- Right to Privacy can be defined as:
- a right to be let alone;
- the right of a person to be free from any unwarranted publicity;
- the right to live without any unwarranted interference by the public in matters with which the public is not necessarily concerned”.
- Article 21 states that “No person shall be deprived of his life or personal liberty.
- The right to privacy is not enumerated as a Fundamental Right in the Constitution of India.
- After reading Article 21, it has been interpreted that the term ‘life’ includes all those aspects of life which go to make a man’s life meaningful, complete, and worth living.
- The scope of this right first came up for consideration in Kharak Singh’s Case which was concerned with the validity of certain regulations that permitted surveillance of suspects.
- The 1978’s judgment in Maneka Gandhi Case established the new doctrine that the distinct fundamental rights are not carved out from each other but overlap paving way for the Right to Privacy.
- The latest interpretation included the Naz Foundation Case (2009) in which Delhi HC gave the landmark decision on consensual homosexuality.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Digital Rupee
Mains level: Central Bank Digital Currency (CBDC)
The Reserve Bank of India (RBI) is working toward a “phased implementation strategy” of a Central Bank Digital Currency (CBDC).
Do you know?
China’s digital RMB was the first digital currency to be issued by a major economy.
Central Bank Digital Currency (CBDC)
- The phrase CBDC has been used to refer to various proposals involving digital currency issued by a central bank.
- They are also called digital fiat currencies or digital base money.
- The present concept of CBDCs was directly inspired by Bitcoin, but a CBDC is different from virtual currency and cryptocurrency.
- Cryptocurrencies are not issued by a state and lack the legal tender status declared by the government.
Why India needs a digital rupee?
- Online transactions: India is a leader in digital payments, but cash remains dominant for small-value transactions.
- High currency in circulation: India has a fairly high currency-to-GDP ratio.
- Cost of currency management: An official digital currency would reduce the cost of currency management while enabling real-time payments without any inter-bank settlement.
Features of CBDC
- High-security instrument: CBDC is a high-security digital instrument; like paper banknotes, it is a means of payment, a unit of account, and a store of value.
- Uniquely identifiable: And like paper currency, each unit is uniquely identifiable to prevent counterfeit.
- Liability of central bank: It is a liability of the central bank just as physical currency is.
- Transferability: It’s a digital bearer instrument that can be stored, transferred, and transmitted by all kinds of digital payment systems and services.
Various benefits offered
- It is efficient than printing notes (cost of printing, transporting, and storing paper currency)
- It reduces the risk of transactions
- It makes tax collection transparent
- Prevents money laundering
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Great Indian Bustards
Mains level: Not Much
The Environment Ministry has informed the Parliament that there were no Great Indian Bustards (GIB) left in Kutch Bustard Sanctuary (KBS) in Gujarat’s Kutch district.
Great Indian Bustards
- GIBs are the largest among the four bustard species found in India, the other three being MacQueen’s bustard, lesser florican, and the Bengal florican.
- GIBs’ historic range included much of the Indian sub-continent but it has now shrunken to just 10 percent of it. Among the heaviest birds with flight, GIBs prefer grasslands as their habitats.
- GIBs are considered the flagship bird species of grassland.
On the brink of extinction
- The GIB population in India had fallen to just 150.
- Pakistan is also believed to host a few GIBs and yet openly supports their hunting.
Protection accorded
- Birdlife International: uplisted from Endangered to Critically Endangered (2011)
- Protection under CITES: Appendix I
- IUCN status: Critically Endangered
- Protection under Wildlife (Protection) Act: Schedule I
Threats
- Overhead power transmission
- Poor vision: Due to their poor frontal vision, can’t detect powerlines in time and their weight makes in-flight quick maneuvers difficult.
- Windmills: Coincidentally, Kutch and Thar desert are the places that have witnessed the creation of huge renewable energy infrastructure.
- Noise pollution: Noise affects the mating and courtship practices of the GIB.
- Changes in the landscape: by way of farmers cultivating their land, which otherwise used to remain fallow due to frequent droughts in Kutch.
- Cultivation changes: Cultivation of cotton and wheat instead of pulses and fodder are also cited as reasons for falling GIB numbers.
Supreme Court’s intervention
- The Supreme Court has ordered that all overhead power transmission lines in core and potential GIB habitats in Rajasthan and Gujarat should be undergrounded.
- The SC also formed a three-member committee to help power companies comply with the order.
Conservation measures
- In 2015, the Central government launched the GIB species recovery program.
- Under the program, the WII and Rajasthan Forest departments have jointly set up conservation breeding centers where GIB eggs are harvested from the wild.
- They have been incubated artificially and hatchlings raised in a controlled environment.
Answer this PYQ in the comment box:
Q.Consider the following pairs:
Protected Area :: Well-known for
- Bhiterkanika, Odisha — Salt Water Crocodile
- Desert National Park, Rajasthan — Great Indian Bustard
- Eravikulam, Kerala — Hoolock Gibbon
Which of the pairs given above is/are correctly matched? (CSP 2014)
(a) 1 only
(b) 1 and 2
(c) 2 only
(d) 1, 2 and 3
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Zero click attack
Mains level: Paper 2- Issues with surveillance
Context
The Pegasus spyware, created by NSO Group in Israel has created a political storm in India over its alleged use by the government.
About the Pegasus spyware controversy
- It uses a “zero-click” attack which allows the device to be taken over remotely by exploiting software and hardware vulnerabilities.
- The Israeli Defence Ministry’s stated that Pegasus and other cyber products are exported “exclusively to government entities” and are only for the purpose of preventing and investigating crime and counter terrorism.
- Pegasus has been used to illegally hack into people’s lives and to obtain private information outside the boundaries of the law.
- Those who were supposedly targeted range from the uppermost echelons of the judiciary, Opposition party leaders, activists and journalists.
How it harms freedoms and rights guaranteed by the Constitution
- A person has the basic fundamental rights of liberty, privacy, speech and expression amongst others.
- These rights go hand in hand with each other.
- The alleged use of Pegasus to illegally hack into persons’ lives, listen in on private conversations, to thereafter use this private information against said persons in hope of gaining undue advantage, are all outside the boundaries of the law.
- Surveillance on this level would have the effect of instilling fear and directly hampering a person’s ability to freely make their own decisions.
- The effect is that a person does not have the freedom to think, to speak or even be in the privacy of their own homes.
Legal provisions for surveillance
- In December 2018, the government authorised 10 security and intelligence agencies to intercept, monitor and decrypt any information generated, transmitted, received or stored in any computer resource.
- The authorisation is required before any of the 10 notified agencies can intercept, monitor or decrypt any information.
- This and other grounds are being taken by the government before the Supreme Court to defend its stance.
- The Data Protection Bill (yet to be passed by Parliament) offers no protection in respect of surveillance.
- Sections 43 and 66 of the Information Technology Act, 2000 criminalise hacking.
Conclusion
The majority is not always right. A democracy has the indelible right to question, to demand answers and explanations. The government has many questions to answer and steps to take to protect the rights and freedoms of its citizens.
Back2Basics: Zero-click attack
- A zero-click attack is a remote cyber attack which does not require any interaction from the target to compromise it.
- Pegasus spyware eliminates the need for human errors to compromise a device and instead relies on software or hardware flaws to gain complete access to a device.
- Zero-click attacks occur only when an attacker is able to takeover a device remotely after successfully exploiting vulnerabilities in the software and hardware of the phone.
- To make this kind of attack successful, an attacker needs to exploit flaws in a device, whereas spear phishing is a social engineering attack.
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From UPSC perspective, the following things are important :
Prelims level: Nord Stream 2 Pipeline
Mains level: Not Much
The US, which had previously imposed sanctions to prevent the completion of a major new gas pipeline between Russia and Germany, has now signaled its approval for the project.
Nord Stream 2 Pipeline
- It is a system of offshore natural gas pipelines running under the Baltic Sea from Russia to Germany.
- It includes two active pipelines running from Vyborg to Lubmin near Greifswald forming the original Nord Stream, and two further pipelines under construction running from Ust-Luga to Lubmin termed Nord Stream 2.
- In Lubmin the lines connect to the OPAL line to Olbernhau on the Czech border and to the NEL line to Rehden near Bremen.
- The first line Nord Stream-1 was laid and inaugurated in 2011 and the second line in 2012.
- At 1,222 km in length, Nord Stream is the longest sub-sea pipeline in the world, surpassing the Langeled pipeline.
Why is the pipeline controversial?
- The US believed that the project would increase Europe’s dependence on Russia for natural gas.
- Currently, EU countries already rely on Russia for 40 percent of their gas needs.
- The project also has opponents in eastern Europe, especially Ukraine, whose ties with Russia have seriously deteriorated in the aftermath of the Crimean conflict in 2014.
- There is an existing land pipeline between Russia and Europe that runs through Ukraine.
- The country feels that once Nord Storm 2 is completed, Russia could bypass the Ukrainian pipeline, and deprive it of lucrative transit fees of around $3 billion per year.
- Ukraine also fears another invasion by Russia once the new pipeline is operational.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Microplastic pollution
Mains level: Water Pollution
The Ganga is heavily polluted with microplastics at Varanasi, Haridwar, and Kanpur, Delhi-based non-profit Toxics Link claimed.
What are Microplastics?
- Microplastics are plastics that are less than 5 mm in size but are a major source of marine pollution.
- Untreated sewage from many cities along the river’s course, industrial waste, and religious offerings wrapped in non-degradable plastics pile pollutants into the river as it flows through several densely populated cities.
- The plastic products and waste materials released or dumped in the river break down and are eventually broken down into microparticles.
- The rivers finally transport significantly large quantities downstream into the ocean, which is the ultimate sink of all plastics being used by humans.
Microplastics in Ganga
- They are non-degradable plastics that often entered the Ganga through industrial waste or packaging of religious offerings, its research found.
- The density of population in the three cities also added to the problem because a large chunk of pollutants got directly discharged into the river by people living on the banks.
- Among the three cities, the Toxics Link’s study found that sites at Varanasi showed the maximum load of microplastics in the water of the Ganga, as compared to the other two cities.
- This might be due to cumulative downstream pollution as well as industrial and human activities.
On a global high
- The researchers tried to compare the microplastics concentration in Ganga water with similar studies on other rivers across the globe.
- It included the Rhine in Europe, the Patapsco, Magothy, Rhode in North America, and the Elqui, Maipo, Biobio, and Maule in South America.
- They found the Ganga microplastics pollution was much higher.
- This was in spite of a higher per capita consumption of plastic in the European countries, North and South America, as compared to India.
How does it impact people?
- The Ganga is a source of water for not just drinking and bathing purposes but also for irrigation to a large extent.
- Microplastics in river water, if ingested in humans or other organisms, can cause toxicity through various means.
- Not only are these microplastics toxic themselves, they also have a tendency to absorb various toxins present in water, including harmful chemicals.
- Although some of the effects of microplastics on public health are understood, a lot still needs to be done.
Answer this PYQ in the comment box:
Q. Why is there a great concern about the ‘microbeads’ that are released into the environment? (CSP 2019)
(a) They are considered harmful to marine ecosystems.
(b) They are considered to cause skin cancer in children.
(c) They are small enough to be absorbed by crop plants in irrigated fields.
(d) They are often found to be used as food adulterants.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: UNESCAP
Mains level: Ease of Cross-Border Trade
As per the latest UN Global Survey on Digital and Sustainable Trade Facilitation, India’s rank moved up from 78.49% in 2019 to 90.32% in 2021.
About the Survey
- The Global Survey on Digital and Sustainable Trade Facilitation is conducted every two years by UNESCAP.
- The 2021 Survey includes an assessment of 58 trade facilitation measures covered by the WTO’s Trade Facilitation Agreement.
- The Survey is keenly awaited globally as it evidences whether or not the trade facilitation measures being taken have the desired impact and helps draw comparison amongst countries.
- A higher score for a country also helps businesses in their investment decisions.
Global performance
- Among developed countries, Australia, New Zealand, Netherlands, Japan, and Belgium have scored more than 93%.
- In South Asia, Bangladesh and Sri Lanka were behind India with a score of 64.5% and 60.2%, the survey showed.
India’s improvement
- India has scored 90.32% in United Nation’s Economic and Social Commission for Asia Pacific’s (UNESCAP) latest Global Survey on Digital and Sustainable Trade Facilitation.
- The Survey hails this as a remarkable jump from 78.49% in 2019.
India’s significant improvement in the scores on all 5 key indicators, as follows:
- Transparency:100% in 2021 (from 93.33% in 2019)
- Formalities: 95.83% in 2021 (from 87.5% in 2019)
- Institutional Arrangement and Cooperation: 88.89% in 2021 (from 66.67% in 2019)
- Paperless Trade: 96.3% in 2021 (from 81.48% in 2019)
- Cross-Border Paperless Trade: 66.67% in 2021 (from 55.56% in 2019)
- The Survey notes that India is the best-performing country when compared to the South and southwest Asia region (63.12%) and the Asia Pacific region (65.85%).
- The overall score of India has also been found to be greater than many OECD countries including France, UK, Canada, Norway, Finland etc. and the overall score is greater than the average score of EU.
- India has achieved a 100% score for the Transparency index and 66% in the “Women in trade” component.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Bhartiya Prakritik Krishi Padhati (BPKP)
Mains level: Promotion of Organic Farming
The Union Minister of Agriculture has provided useful information regarding the Bhartiya Prakritik Krishi Padhati (BPKP).
Bhartiya Prakritik Krishi Padhati (BPKP)
- Natural farming is promoted as BPKP under a centrally sponsored scheme- Paramparagat Krishi Vikas Yojana (PKVY).
- The scheme mainly emphasizes the exclusion of all synthetic chemical inputs and promotes on-farm biomass recycling.
- It stresses biomass mulching; use of cow dung-urine formulations; plant-based preparations and time to time working of soil for aeration.
- Under BPKP, financial assistance of Rs 12200/ha for 3 years is provided for cluster formation, capacity building, and continuous handholding by trained personnel, certification, and residue analysis.
About Paramparagat Krishi Vikas Yojana
- “PKVY” is an elaborated component of Soil Health Management (SHM) of the major project National Mission of Sustainable Agriculture (NMSA).
- Under PKVY Organic farming is promoted through the adoption of the organic village by cluster approach and PGS certification.
The Scheme envisages:
- Promotion of commercial organic production through certified organic farming.
- It will raise farmer’s income and create a potential market for traders.
Program implementation
- Fifty or more farmers will form a cluster having 50 acres of land to take up the organic farming under the scheme.
- In this way, during three years 10,000 clusters will be formed covering a 5.0 lakh acre area under organic farming.
- There will be no liability on the farmers for expenditure on certification.
- Every farmer will be provided Rs. 20,000 per acre in three years for the seed to harvesting crops and to transport produce to the market.
- Organic farming will be promoted by using traditional resources and organic products will be linked with the market.
- It will increase domestic production and certification of organic produce by involving farmers.
Answer this PYQ in the comment box:
Q.With reference to organic farming in India, consider the following statements:
- ‘The National Programme for Organic Production (NPOP) is operated under the guidelines and directions of the Union Ministry of Rural Development.
- ‘The Agricultural and Processed Food Products Export Development Authority (APEDA) functions as the Secretariat for the implementation of NPOP.
- Sikkim has become India’s first fully organic State.
Which of the above statements is/are correct? (CSP 2018)
(a) 1 and 2 only
(b) 2 and 3 only
(c) 3 only
(d) 1, 2 and 3
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: ONDC
Mains level: Paper 3- Advantages and challenges in the Open Network for Digital Commerce project
Context
The Department for Promotion of Industry and Internal Trade (DPIIT) recently issued orders appointing an advisory committee for its Open Network for Digital Commerce (ONDC) project.
About ONDC project
- The Open Network for Digital Commerce (ONDC) project aims to make e-commerce processes open-source.
- In simple terms, it aims at creating a platform that can be utilised by all online retailers.
- This is another effort by the government to facilitate the creation of shared digital infrastructure, as it has previously done for identity (Aadhaar) and payments (Unified Payments Interface).
- It will digitise e-commerce value chains, standardise operations, promote inclusion of suppliers, and derive efficiencies in logistics.
What are its advantages?
- Level playing field: When done well, this approach can level the playing field and create value for users.
- Curb monopoly: The market is dominated by a few players who are facing investigations for unfair trade practices in many countries.
- Prevent market failure: The sector is characterised by many small players who individually do not have the muscle to have an equitable bargain with e-commerce companies.
- Economists call this a “market failure”, and it presents a legitimate case for intervention.
The three layers of an open digital ecosystem and their conceptual framework for adoption and safeguards
1) Tech layer
- The “tech layer” should be designed for minimalism and decentralisation.
- The government should restrict its role to facilitating standards and protocols that provide open access, and in getting them adopted organically.
- Building an entire tech platform should happen only if a standards-based approach doesn’t suffice.
- If built, the platform should be built on “privacy by design” principles.
- It should collect minimal amounts of data (especially personal data) and store it in a decentralised manner.
- Tools like blockchain could be used to build technical safeguards that cannot be overridden without active consent.
2) Governance layer
- Avoid excessive government intervention: The “governance layer” around this should allay business fears of excessive state intervention in e-commerce.
- Legal provision: Any deployment of standards or tech should be accompanied by law or regulation that lays out the scope of the project.
- Independent regulator for personal data: If collection of any personal data is required, passing the data protection bill and creating an independent regulator should be a precondition.
- Handling by independent society: To assure the industry of fairness, the government could hand over the stewardship of the standards or platform to an independent society or non-profit.
3) Community layer
- A community layer can foster a truly inclusive and participatory process.
- This may be achieved by making civil society and the public active contributors and seeking wide feedback on drafts of the proposal.
- Once the framework is implemented, ensuring quick and time-bound redressal of grievances will help build trust in the system.
Concerns with government creating shared digital infrastructure
- This approach also comes with risks and we should tread with caution.
- In general, governments should intervene in markets only when there is a clearly identifiable market failure or massive societal benefits from creating shared infrastructure.
Way forward
- The government’s championing of open-source technology for digital commerce is commendable.
- It should also push the envelope on the other principles of the open-source movement — transparency, collaboration, release early and often, inclusive meritocracy, and community.
- Even if we do all things right, an infrastructure-led approach may not be sufficient.
- Therefore, we need to supplement infrastructure with tightly-tailored regulation.
- We need to explore the concept of interoperability, that is, mandating that private digital platforms like e-commerce firms enable their users and suppliers to solicit business on other platforms.
- To drive the adoption of an open e-commerce platform in a sector with entrenched incumbents we need to create “reference applications”, and financial or non-financial incentives.
- Useful learnings can be drawn from the adoption of UPI: The government supported the rollout of BHIM as a reference app, and offered incentives.
Consider the question “How the Open Network for Digital Commerce project can help deal with the issues with the e-commerce sector? Suggest the approach the project should adopt to make it a success.”
Conclusion
It is timely that India is exploring innovative ways to bridge the gaps in e-commerce markets. But the boldness of this vision must be matched by the thoughtfulness of the approach.
Back2Basics: What is ‘Privacy by Design?
- Privacy by design is a concept that integrates privacy into the creation and operation of new devices, IT systems, networked infrastructure, and even corporate policies.
- Developing and integrating privacy solutions in the early phases of a project identifies any potential problems at an early stage to prevent them in the long run.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Not much
Mains level: Paper 2- Importance of medical workforce in making the healthcare system robust
Context
On July 8, 2021, the Union government announced the “India COVID-19 Emergency Response and Health Systems Preparedness Package: Phase II”. But it lacks provision for the medical workforce.
Objectives of the package
- The stated purpose of the package is to boost health infrastructure and prepare for a possible third wave of COVID-19.
- There is plan to increase COVID-19 beds, improve the oxygen availability and supply, create buffer stocks of essential medicines; purchase equipment and strengthen paediatric beds.
What is lacking in the package?
- Workforce shortage: The package barely has any attention on improving the availability of health human resources.
- As reported in rural health statistics and the national health profile there are vacancies for staff in government health facilities, which range from 30% to 80% depending upon the sub-group of medical officers, specialist doctors to nurses, laboratory technicians, pharmacists and radiographers, amongst others.
- Interstate variation: In addition, there are wide inter-State variations, with States that have poor health indicators with the highest vacancies.
Way forward
- Package for filling the existing vacancies: The COVID-19 package II needs to be urgently supplemented by another plan and a similar financial package (with shared Union and State government funding) to fill the existing vacancies of health staff at all levels.
- An objective approach to assess the mid-term health human resource needs could be the Indian Public Health Standards (IPHS).
- IPHS prescribes the human resources and infrastructure needed to make various types of government health facilities functional.
- The pandemic should be used as an opportunity to prepare India’s health system for the future.
- Scrutiny of the progress on policy decision: The progress on key policy decisions, for the last few years, to strengthen India’s health system, including those in India’s national health policy of 2017, need to be objectively scrutinised.
- These two sets of policy decisions should be reviewed and progress monitored, through a meeting of the Central Council of Health and Family Welfare, of which the Health Ministers of the States are members.
Conclusion
India’s health system will not benefit from ad hoc and a patchwork of one or other small packages. It essentially needs some transformational changes.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: OPEC+
Mains level: Paper 2- Tension in bilateral relations of oil producing companies and its implications for the world
Context
The end to the UAE’s weeks-long impasse with Saudi Arabia and Russia, a non-OPEC state, was brought about by Sunday’s deal.
What was the deal about?
- United Arab Emirates (UAE), said to hold the world’s largest untapped crude reserves, had demanded an increase in its oil output quotas.
- The end to the UAE’s weeks-long impasse with Saudi Arabia, one of the world’s biggest crude exporters, and Russia, a non-OPEC state, was brought about by Sunday’s deal.
- Under its terms, the UAE’s demand for an increase in its oil output quotas, in recognition of its higher production capacity, has been conceded.
- The baselines have also been raised for Saudi Arabia, Russia, Iraq, and Kuwait.
- The bloc will now step up crude production by 400,000 barrels a day starting in August.
- The output boost is in response to rising oil prices in the wake of the rebound in economic activity.
- The cartel had cut oil production by 9.7 million barrels a day (mbd) as oil demand fell from 100 mbd to 91.1 mbd and prices plummeted from $70 in January 2020 to around $20 in April.
Strain in Saudi Arabia-UAE relations
- The UAE has played hardball during the bloc’s attempts to deal with the pandemic-induced price volatility.
- Thus, while the internal rift has been resolved for now, the danger cannot be ruled out of an increasingly economically and politically assertive UAE flexing its muscle.
- Bilateral relations between the traditional allies, Saudi Arabia and the UAE, have been especially strained since the UAE established diplomatic ties with Israel last year and withdrew troops from the Saudi-spearheaded war in Yemen the year before.
- A more recent arena of tension is the tariffs Riyadh has imposed on imports from the six-nation Gulf Cooperation Council.
- Saudi Arabia will now exclude from the GCC tariff agreement goods made by companies with a workforce of less than 25% of locals and industrial products with less than 40% of the added value after their transformation process.
- Home to a predominantly migrant population, the move could hit the UAE especially hard.
OPEC’s concerns
- The OPEC, forecast in 2016 that a strict implementation of the Paris climate accord could see the demand for oil peak by 2030.
- There is an eagerness to maximise the returns on their substantial hydrocarbon resources, amid growing speculation of a peak in oil demand within sight.
- The International Energy Agency (IEA), which in 2016 forecast a continued rise in oil consumption until the 2040s, has more recently hinted at about a 5% rise or fall relative to the demand before the pandemic within a decade.
- OPEC’s other concerns are the stabilization of world oil prices without jeopardizing national expenditure programs, and the diversification of economies in anticipation of the unfolding global energy transition.
Conclusion
The latest OPEC compromise echoes growing recognition of the delicate balance between competing domestic and global priorities.
B2BASICS
OPEC
- The Organization of the Petroleum Exporting Countries (OPEC) is a permanent, intergovernmental organization, created at the Baghdad Conference in 1960, by Iran, Iraq, Kuwait, Saudi Arabia, and Venezuela.
- It aims to manage the supply of oil in an effort to set the price of oil in the world market, in order to avoid fluctuations that might affect the economies of both producing and purchasing countries.
- It is headquartered in Vienna, Austria.
- OPEC membership is open to any country that is a substantial exporter of oil and which shares the ideals of the organization.
- Gabon terminated its membership in January 1995. However, it rejoined the Organization in July 2016.
- As of 2019, OPEC has a total of 14 Member Countries viz. Iran, Iraq, Kuwait, United Arab Emirates(UAE), Saudi Arabia, Algeria, Libya, Nigeria, Gabon, Equatorial Guinea, Republic of Congo, Angola, Ecuador, and Venezuela are members of OPEC.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Mazar-e-Sharif, Kandahar
Mains level: Paper 2- Engaging the Taliban
Context
With over a third of Afghanistan’s more than 400 districts under Taliban control, the talk-to-the-Taliban option is indeed the best of the many less than perfect options available to India.
India need a reset in its Afghanistan policy
- India has ‘temporarily’ closed its consulate in Kandahar.
- This follows the decision to suspend operations in the Indian consulates in Jalalabad and Herat.
- India’s decision to partially “withdraw” from Afghanistan shows that betting only on the government in Kabul was a big mistake,
- It also shows that India realises the threat the Taliban poses to Indian assets and presence in Afghanistan.
- To safeguard its civilian assets there as well as to stay relevant in the unfolding ‘great game’ in and around Afghanistan, India must fundamentally reset its Afghanistan policy.
- India must, in its own national interest, begin ‘open talks’ with the Taliban before it is too late.
- Open dialogue with the Taliban should no longer be a taboo; it is a strategic necessity.
Reason for avoiding open talks with Taliban
- There are at least five possible reasons why India appears to want to keep the Taliban engagement slow and behind closed doors.
- First, if India chooses to engage the Taliban directly, it could make Afghanistan President Ashraf Ghani, to look towards China and the Shanghai Cooperation Organisation (SCO) for national security and personal political survival.
- Second, India is also faced with the dilemma of who to talk to within the Taliban given that it is hardly a monolith.
- Third, given the global opprobrium that Taliban faced in its earlier avatar and the lack of evidence about whether the outfit is a changed lot today, New Delhi might not want to court the Taliban so soon.
- Fourth, there is little clarity about what the Taliban’s real intentions are going forward and what they would do after ascending to power in Kabul.
- Fifth, it would not be totally unreasonable to consider the possibility of Pakistan acting out against India in Kashmir if India were to establish deeper links with the Taliban.
Reasons India should engage with the Taliban openly
- Wide international recognition: Whether we like it or not, the Taliban, is going to be part of the political scheme of things in Afghanistan, and unlike in 1996, a large number of players in the international community are going to recognise/negotiate/do business with the Taliban.
- Countering Pakistan: The Taliban today is looking for regional and global partners for recognition and legitimacy especially in the neighbourhood.
- So the less proactive the Indian engagement with the Taliban, the stronger Pakistan-Taliban relations would become.
- A worldly-wise and internationally-exposed Taliban 2.0 would develop its own agency and sovereign claims including perhaps calling into question the legitimacy of the Durand Line separating Pakistan and Afghanistan, something Pakistan was always concerned about. T
- The Taliban would want to hedge their bets on how far to listen to Pakistan.
- That is precisely when New Delhi should engage the Taliban.
- Security of civilian assets: India needs to court all parties in Afghanistan, including the Taliban if it wants to ensure its security of its civilian assets there.
- It makes neither strategic nor economic sense to withdraw from Afghanistan after spending over $3 billion, something the Government seems to be prepared to do
- Being a part of Afghanistan’s future course: If India is not proactive in Afghanistan at least now, late as it is, Russia, Iran, Pakistan and China will emerge as the shapers of Afghanistan’s political and geopolitical destiny, which for sure will be detrimental to Indian interests there.
- Continental grand strategy: Backchannel talks with Pakistan and a consequent ceasefire on the Line of Control, political dialogue with the mainstream Kashmiri leadership, secret parleys with Taliban all indicate that India is opening up its congested north-western frontier.
- Except for the strategic foray into the Indo-Pacific, India today is strategically boxed in the region and it must break out of it. Afghanistan could provide, if not immediately, India with such a way out.
Consider the question ” India’s Afghan policy is at a major crossroads; to safeguard its civilian assets there as well as to stay relevant in the unfolding ‘great game’ in and around Afghanistan, New Delhi must fundamentally reset its Afghanistan policy. Comment.”
Conclusion
In the end, India’s engagement with the Taliban may or may not achieve much, but non-engagement will definitely hurt Indian interests.
Back2Basics: Durand Line
- Durand Line, boundary established in the Hindu Kush in 1893 running through the tribal lands between Afghanistan and British India, marking their respective spheres of influence.
- In modern times it has marked the border between Afghanistan and Pakistan.
- The acceptance of this line—which was named for Sir Mortimer Durand, who induced ʿAbdor Raḥmān Khān, amir of Afghanistan, to agree to a boundary—may be said to have settled the Indo-Afghan frontier problem for the rest of the British period.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Article 21
Mains level: Paper 2- Right to speedy trial
The Bombay High Court has said that speedy trial is a fundamental right highlighting the issue of people languishing in prisons waiting for the trial to begin.
Background
- The HC was hearing a petition seeking a judicial probe into the death of a tribal rights activist.
- The petitioner told the court that he was not looking for the cause of the death, but an inquiry into what happened in jail that ultimately led to his death.
Right to speedy trial
- It is a right under which it is asserted that a government prosecutor may not delay the trial of a criminal suspect arbitrarily and indefinitely.
- Otherwise, the power to impose such delays would effectively allow prosecutors to send anyone to jail for an arbitrary length of time without trial.
- Right to speedy trial is a concept gaining recognition and importance day by day.
Its constitutional status
- The right to speedy trial is guaranteed under Article 21 of the Constitution of India.
- In the case Kartar Singh v. State of Punjab (1961) it was declared that right to speedy trial is an essential part of fundamental right to life and liberty.
- Article 21 declares that “no person shall be deprived of his life or personal liberty except according to the procedure laid by law.”
What causes delay?
- Delay in disposition of cases due to huge pendency
- Provision for adjournment
- Vacation of the court
- Investigative agencies generally delay
Why speedy trial is necessary?
The right to a speedy trial serves several important purposes:
- First, requiring a speedy trial helps to ensure that a defendant does not have to spend an unreasonable amount of time in jail.
- It also helps to respect and protect the mental health of the defendant by making sure that the defendant is not kept in suspense or anxiety over pending criminal charges for months or years at a time.
- The right to a speedy trial protects a defendant’s ability to gather evidence for his or her own defense.
- Over time, physical evidence can become harder and harder to locate, and witnesses may move, lose their memories of an event, or even pass away.
Alternative solutions
- The Law Commission of India and the Malimath Committee recommended that the system of plea bargaining should be introduced in Indian criminal justice system.
- Plea bargaining refers to a person charged with a criminal offence negotiating with the prosecution for a lesser punishment than what is provided in law by pleading guilty to a less serious offence.
- This will facilitate the speedy disposal of criminal cases and reduces the burden on the courts at least for some minor trials and not serious criminal offences.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: SMILE
Mains level: Paper 2- Scheme for
The Ministry of Social Justice and Empowerment has formulated a scheme “SMILE – Support for Marginalized Individuals for Livelihood and Enterprise”.
SMILE Scheme
- This scheme is sub-scheme under the ‘Central Sector Scheme for Comprehensive Rehabilitation of persons engaged in the act of Begging’.
- It covers several comprehensive measures including welfare measures for persons who are engaged in the act of begging.
- The focus of the scheme is extensively on rehabilitation, provision of medical facilities, counselling, basic documentation, education, skill development, economic linkages and so on.
- The scheme would be implemented with the support of State/UT Governments/Local Urban Bodies, Voluntary Organizations, Community Based Organizations (CBOs), institutions and others.
- Scheme provides for the use of the existing shelter homes available with the State/UT Governments and Urban local bodies for rehabilitation of the persons engaged in the act of Begging.
- In case of non-availability of existing shelter homes, new dedicated shelter homes are to be set up by the implementing agencies.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Harela Festival
Mains level: Paper 1- Festivals in India
Villagers across Uttarakhand celebrated Harela, a festival of greenery, peace, prosperity and environmental conservation.
Harela Festival
- Harela means ‘day of green’ and is celebrated in the month of Shravan (the fifth month of the Hindu lunar calendar) to worship Lord Shiva and Goddess Parvati.
- People across Uttarakhand, especially the Kumaun region, associate greenery with prosperity.
- The seeds of five to seven types of crops — maize, til (sesame), urad (black gram), mustard, oats — are sown in donas (bowl made of leaves) or ringalare (hill bamboo baskets) nine days before the festival.
- They are harvested on the ninth day and distributed to neighbours, friends and relatives.
- The flourish of the crops symbolizes prosperity in the year ahead.
- People make clay statues of Lord Shiva and Goddess Parvati, known as Dikare, and worship them a day before the festival.
- Harela is also linked to the Barahnaza system (12 types of crops), a crop diversification technique followed in the region.
Answer this PYQ in the comment box:
Q.Consider the following pairs:
Tradition: State
1. Chapchar Kut: festival Mizoram
2. Khongjom Parba ballad: Manipur
3. Thang Ta dance: Sikkim
Which of the pairs given above is/are correct?
(a) 1 only
(b) 1 and 2
(c) 3 only
(d) 2 and 3
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: BITs
Mains level: Paper 3- Cairn Energy case
Context
The recent move by Cairn to seize India’s sovereign assets in order to enforce its arbitration award has brought into focus the dispute and the related issues.
Utility of Bilateral Investment Treaties (BIT)
- After the World Wars, as more countries gained sovereignty, they tended to look at foreign investments as a form of neo-colonialism.
- Bilateral investment treaties became the primary tool to forge relationships between developed and developing countries.
- The BITs help to adopt standards for prompt, adequate and effective compensation in case of expropriation.
- With the advent of globalisation, BITs became the means for foreign investment in developing countries.
- Although the impact of investment agreements on foreign investments remains highly contextualised and inconclusive, these came to govern international investment relations.
- The BITs retained the old-world construct that allowed international arbitration.
- However, many developing countries view arbitration of tax matters as a breach of their sovereign right to tax.
The Cairn Energy case
- In 2012, explanations were added to the Income Tax Act 1961 — these provisions were deemed as having a retrospective effect.
- This was more in response to the Supreme Court’s decision in the Vodafone case which denied the income tax department’s assertion of tax claims arising from the offshore transfer of interest that substantially derived their value from India.
- The 2012 explanations to the IT Act indeed sought to fix tax avoidance.
- Looking into the details of the Cairn case, one can see the series of reorganisations that tip-toed around tax laws of multiple jurisdictions, resulting in the non-payment of tax.
- Taxing offshore indirect transfers — a structuring device to gain tax advantage from the indirect sale of assets — is not unique to India (336 tax treaties contain such an article).
- It is also possible to see that the underlying assets of the subsidiaries were immovable assets in India.
- The UK-India tax treaty allowed for taxation of capital gains as per Indian law.
- India challenged the admissibility of the case before the arbitration tribunal.
- However, the case rests on a distinction between tax and tax-related investment.
- Surely, all investments have tax implications and the acceptance of such a distinction could create problems even where tax is explicitly carved out from the bilateral investment treaties.
- The option of arbitration upon an unsuccessful Mutual Agreement Procedure (MAP) resolution is not available in India.
- For this reason, over the years, there has been a rising trend in tax disputes involving BITs.
- The Cairn case is one such instance where arbitration was invoked especially since MAP was not an option.
Way forward
- The case raises many questions that administrators must address through reform.
- India’s model BIT introduced in 2016 rectifies the issue of the distinction between tax dispute and investment-related taxation dispute through the specific exclusion of taxation.
- The recognition of a tax-related investment dispute, distinct from a tax dispute, should not undermine such a carve-out.
Conclusion
It is also important to note even if the award is enforced, the matter of tax avoidance stands pending before the High Court. Given the complexity, the only reasonable solution would be a negotiated settlement. Even if there’s a resolution in the Cairns case, questions of law would remain.
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