Initiative Overview: India has officially joined the Minerals Security Finance Network (MSFN), a US-led effort to secure critical mineral supply chains.
MSFN Origins: The MSFN is an extension of the Minerals Security Partnership (MSP), initiated by the US in 2022. India became a member of the MSP in June 2023.
Collaborating Nations: The pact involves 14 countries and the European Union, emphasizing collective action to mitigate dependence on China for critical resources.
Focus on Minerals: The MSP and MSFN focus on supply chains for minerals such as:
Cobalt
Nickel
Lithium
17 rare earth minerals
Partnership Goals:
Strengthen cooperation among member countries.
Address the rising global demand for critical minerals, crucial for clean energy transition.
Encourage collaboration between public and private sectors for investment in mineral supply chains.
Development Finance Institutions (DFIs) and Export Credit Agencies (ECAs): The partnership aims to create synergies between DFIs and ECAs from member countries to enhance impact and investment.
Remarks by US Officials:
US Undersecretary of State Jose W. Fernandez highlighted the need for increased production capacity to ensure resilience in supply chains.
Significance for India:
India's inclusion in the MSP is pivotal for its growth strategy, particularly in transitioning to electric vehicles (EVs) and boosting electronics manufacturing and semiconductor production.
Diplomatic Efforts: India's induction was the result of a strong diplomatic push, addressing concerns over not being part of this strategic partnership aimed at reducing reliance on China.
Project Initiatives: The MSP is exploring around 150 projects, with a focus on:
Establishing a critical minerals and metals cooperation forum.
Developing battery materials.
Creating a minerals processing facility in South America.
Mineral Dependencies:
India has limited deposits of certain rare earth elements (REEs), particularly high-demand heavy REs (HREEs), with significant reliance on China, which dominates global production.
Future Outlook:
India aims to enter the lithium value chain as the EV sector undergoes potential disruptions, with advancements in battery technology on the horizon.
India's participation in the MSFN underscores its commitment to securing essential mineral supplies, enhancing resilience against global supply chain disruptions, and supporting its energy transition goals.
Context: 25th September marked 108th birth anniversary of Pt. Deen Dayal Upadhyay. In this context, let us understand the philosophy of Integral humanism given by him.
Integral Humanism:
Background:
The doctrine of Integral Humanism was born from Upadhyaya’s desire to have “uniquely Indian” ideas guide the journey of the newly independent nation, as opposed to the many Western ‘isms’ like individualism, communism and socialism which developed in West.
He explained that Bharatiya (Indian) thought views life as a unified whole, with the physical, mental, and spiritual dimensions closely intertwined. In contrast, the Western approach often isolates and compartmentalizes aspects of life.
Integral Humanism focuses on the holistic development of society and the individual, encompassing both material and spiritual well-being. It integrates the traditional Indian concepts of dharma (duty), artha (wealth), kama (desires), and moksha (spiritual liberation).
Key features:
‘Integral Humanism’ presents ‘Indigenous socio-economic model’ in which human being remains at the center of development.
The aim of Integral Humanism is to ensure dignified life for every human being while balancing the needs of individual and society.
It supports sustainable consumption of natural resource can be replenished integral humanism enhance not only political but also economic and social democracy and freedom.
As it seeks to promote diversity it is best suited for a country as diverse as India.
The philosophy of integral humanism is based on the following three principles.
Context: The Bombay High Court struck down as unconstitutional a key provision of the amended Information Technology (IT) Rules, 2021 which empowered the government to identify “fake news” on social media platforms through a “Fact Check Unit” (FCU). There is an option of an appeal before the Supreme Court, given that similar issues are pending before the Delhi and Madras HCs too.
The law in question:
In 2023, the Ministry of Electronics and Information Technology (MEiTY) promulgated the IT (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2023 (2023 Rules), which amended the Information Technology Rules, 2021.
The amendment allows the government to constitute a Fact Checking Unit (FCU) under IT (Intermediary Guidelines and Digital Media Ethics Code), Amendment 2023.
The amendment to Rule 3(1)(b)(v) of the IT Rules, 2021 expanded the general term “fake news” to include “government business”. Under the Rules, if the FCU comes across or is informed about any posts that are “fake”, “false”, or contain “misleading” facts pertaining to the business of the government, it would flag it to the social media intermediaries concerned.
The online intermediaries would then have to take down such content if they wanted to retain their “safe harbour” protection under the IT Rules, 2000, that is, legal immunity with regard to third-party content published by them.
Concerns: The Rules raised concerns over free speech and the extent to which the government can regulate it. The FCUs allowed the government to be the “only arbiter” of truth in respect of business concerning itself.
Need for creation of Fact Check Unit (FCU):
The Fact Check Unit has a stated objective of acting as a deterrent to creators and disseminators of fake news and misinformation.
It also provides people with an easy avenue to report suspicious and questionable information pertaining to the Government of India.
The FCU is mandated to counter misinformation on Government policies, initiatives, and schemes either Suo motu or under a reference via complaints.
The FCU will actively monitor, detect, and counter disinformation campaigns, ensuring that false information about the Government is promptly exposed and corrected.
Powers of FCU:
The body will have the authority to label content related to the government on online platforms like Facebook and Twitter as “fake” or “misleading”.
Content flagged by the unit will have to be taken down if they wish to retain their ‘safe harbour,’ which is legal immunity they enjoy against third-party content.
Social media sites will have to take down such posts, and internet service providers will have to block URLs of such content.
Issues with the IT Amendment 2023:
Stand-up comic Kunal Kamra, the Editors’ Guild of India, the News Broadcasters & Digital Association, and the Association of Indian Magazines challenged the constitutional validity of the Rules, terming them arbitrary, unconstitutional, and in violation of fundamental rights.
Violation of IT Act 2000: The fact check unit, notified by the Executive, could effectively issue a takedown order to social media platforms and even other intermediaries across the internet stack, potentially bypassing the process statutorily prescribed under Section 69A of the IT Act, 2000. In addition to circumventing the parliamentary procedures required to expand the scope of the parent legislation, i.e., the IT Act.
Violation of Fundamental Rights: Theamended Rule 3(1)(b)(v) was violative of Articles 14 (equality before law), 19(1)(a) (freedom of speech and expression) and 19(1)(g) (right to practise a profession or trade) of the Constitution. The Rule curtailed the fundamental rights of citizens beyond the reasonable restrictions prescribed under Article 19(2), which was “impermissible through the mode of delegated legislation”.
Vague definitions: Under the Rules, if the FCU comes across or is informed about any posts that are “fake”, “false”, or contain “misleading” facts pertaining to the business of the government, it would flag it to the social media intermediaries concerned. The expressions “fake, false or misleading” in the Rule are “vague and overbroad”.
Against the principle of Natural Justice: The FCU has a unilateral view of what is or is not the ‘truth’, and makes the government the sole arbiter. Assigning any unit of the government such arbitrary, overbroad powers to determine the authenticity of online content bypasses the principles of natural justice, thus making it an unconstitutional exercise. The Centre’s claim that decisions given by the FCU can be challenged before a constitutional court “cannot be treated as adequate safeguard”, and therefore, the Rule cannot be saved by reading it down or making a concession of limiting its operation.
Fails the proportionality test: The Rule resulted in a “chilling effect” on the intermediary due to the “threat of losing safe harbour”, and also on the freedom of speech. These notified amendments in 2023 were also in gross violation of the Hon’ble Supreme Court ruling in Shreya Singhal vs. Union of India (2013) which laid down strict procedures for blocking content.
Shreya Singhal vs. Union of India, 2015:
The Shreya Singhal vs. Union of India case is a landmark judgement by the Supreme Court of India that dealt with the constitutionality of certain provisions of the Information Technology Act, 2000.
The key points of the ruling are:
Section 66A of the IT Act: The Court declared Section 66A, which criminalised the transmission of "offensive" or "menacing" content, to be unconstitutional on the grounds that it infringed upon the fundamental right to freedom of speech and expression.
Overbreadth and Vagueness: The Court found that Section 66A was overly broad and vague, as it did not provide clear and definite guidelines for what constitutes "offensive" or "menacing" content. This ambiguity could lead to arbitrary and discriminatory enforcement.
Chill Effect: The Court also noted that Section 66A had a chilling effect on freedom of expression, as people were afraid to express their opinions online for fear of being prosecuted.
Conclusion: Right of citizens to participate in the representative and participatory democracy of the county is meaningless unless they have access to authentic information and are not misled by misinformation. In the Shreya Singhal Case, the Supreme Court has emphasised the need to strike a balance between the right to free speech and the need to regulate online content. While the government has a legitimate interest in preventing the spread of harmful content, such regulations must be reasonable and proportionate to the legitimate aim sought to be achieved.
Context:India described the inclusion of a detailed paragraph on Security Council reform in a U.N. summit document as a “good beginning.” New Delhi expressed its anticipation for the initiation of text-based negotiations within a fixed timeframe to address reforms of the 15-member body.
Key takeaways from the news article:
Historic moment:
September 22, 2024: World leaders unanimously adopted the ‘Pact of the Future’, marking a significant milestone in the long-awaited reform of the United Nations Security Council (UNSC).
The pact promises to enhance the council’s representativeness, inclusivity, transparency, efficiency, effectiveness, democracy, and accountability.
Importance of the pact's language:
It includes a detailed paragraph on UNSC reform for the first time in a U.N. summit document. While the pact may not encompass every detail desired, it is a ‘good beginning.’
There is optimism for the initiation of text-based negotiations within a defined timeframe, viewing the current agreement as a foundational step toward meaningful reform.
The 'Pact of the Future' also underscores the commitment to address historical injustices faced by Africa, recognizing it as a special case.
Leaders agreed to improve representation for underrepresented regions, including the Asia-Pacific, Latin America, and the Caribbean.
The pact emphasizes the necessity of enlarging the Security Council to better reflect the contemporary realities of its membership.
The pact advocates for intensified efforts to secure an agreement on the categories of Security Council membership.
It encourages the submission and revision of proposals by states for structured dialogues aimed at developing a consolidated model. This emphasis on a collaborative approach aims to balance the council’s representativeness with its effectiveness.
India's stance on UNSC Reform:
India has been a prominent advocate for UNSC reform, arguing that the current structure is not suited for the challenges of the 21st century.
India rightfully claims a permanent seat on the Security Council, as India has served as a non-permanent member in 2021-22.
The country's position reflects its commitment to a more equitable international order, particularly in light of the Security Council’s polarization on pressing global issues like the Ukraine conflict and the Israel-Hamas situation.
In his address at the 'Summit of the Future', Prime Minister Modi stressed that institutional reforms are crucial for global peace and development. The reform is essential for maintaining the relevance of international institutions.
Need for Institutional reforms:
U.N. Secretary-General Antonio Guterres echoed this sentiment, calling for profound reforms to enhance the legitimacy and effectiveness of global institutions, rooted in the principles of the UN Charter.
He emphasised that the challenges of the 21st century necessitate contemporary solutions that are inclusive and collaborative.
He noted the disparity between the original 51 member states at the UN's inception nearly 80 years ago and the current 193 members, highlighting the outdated nature of existing peace and security frameworks.
He warned that the Security Council, characterized as ‘outdated,’ risks losing credibility unless its composition and methods are reformed.
The evolving dynamics of international relations necessitate significant reforms to address its inherent limitations. Some of the reasons why reforms are needed in UNSC are:
1. Outdated representation:
The current structure of the UNSC fails to adequately represent the global landscape.
Lack of representation from Africa and Latin America: With 54 countries, Africa remains vastly underrepresented in the UNSC, as does Latin America and the Caribbean. Despite their growing influence on the world stage, these regions have no permanent representation.
Major economies in Latin America and the significant population and resources of Africa highlight the disconnect between the UNSC’s membership and the realities of global power dynamics.
2. Concerns over Sovereignty and Unilateral actions:
Sanctions imposed by the UNSC can lead to severe economic repercussions for nations, often disregarding the interests of those nations.
Key decisions, particularly regarding conflicts in regions like Africa, are made without adequate representation from those directly affected.
Sanctions on Iran have led to a crippling economic crisis, highlighting how the UNSC's actions can have far-reaching effects on a nation’s sovereignty and well-being.
3. Lack of recognition for major contributors:
Countries that play pivotal roles in global peacekeeping and financing are overlooked in the UNSC.
India, Japan, and Germany: These nations are significant contributors to UN peacekeeping missions and UN finances but lack permanent seats in the UNSC.
India is among the top contributors to peacekeeping operations, while Japan and Germany are major financial backers of the UN. Their exclusion from the UNSC reflects an imbalance that undermines their contributions.
4. Ineffectiveness of Veto power:
The veto power held by the P5 (the five permanent members) has often led to deadlocks in critical situations.
Deadlocks: The veto can obstruct consensus and render the UNSC ineffective in times of crisis.
The use of Veto power by the P5 nations to protect their interests illustrate how the P-5 can skew resolutions in their favour, disregarding broader international concerns.
The P5's inability to agree on resolutions regarding the Syrian Civil War has resulted in prolonged inaction, exacerbating human suffering and instability.
5. Discouragement of multilateralism:
The exclusivity and perceived ineffectiveness of the UNSC have eroded trust in multilateralism.
The UNSC's failures discourage countries from engaging in collective efforts to tackle global challenges, undermining international cooperation.
6. Changing geopolitics:
The geopolitical landscape has shifted significantly since the establishment of the UNSC.
Post-World War II composition: The current UNSC composition reflects a bi-polar world that no longer exists, failing to represent the multi-polar reality of today where developing nations have substantial influence.
This misalignment hampers effective decision-making and inclusivity.
The UN chief cautioned the 15-member United Nations Security Council about its outdated nature, highlighting that its waning authority could ultimately lead to a complete loss of credibility unless significant reforms are enacted in both its composition and operational methods. The UN chief issued a powerful call to action, stating, “We cannot forge a future for our grandchildren with a system designed for our grandparents.”
Key highlights from the Summit of the Future, 2024:
World leaders convened at the Summit of the Future (New York) adopted the Pact for the Future, which includes a Global Digital Compact and a Declaration on Future Generations.
1. Commitment to Sustainable development:
Member States recommitted to accelerating the implementation of the 2030 Agenda and the 2023 SDG Summit Political Declaration.
Their aim is to eradicate poverty and hunger while ensuring no one is left behind.
The Pact emphasizes the necessity of planning for sustainable development beyond 2030 and addresses the SDG financing gap through enhanced public and private investments.
2. Climate action and Environmental sustainability:
The Pact reiterates the commitment to limit global temperature rise to 1.5°C above pre-industrial levels and transition from fossil fuels to achieve net-zero emissions by 2050.
It also calls for urgent actions to promote sustainable practices, including a legally-binding agreement on plastic pollution and initiatives to reverse biodiversity loss.
3. Peace and security initiatives:
Leaders emphasized the importance of sustaining peace through national prevention strategies, strengthening international cooperation, and ensuring military spending does not undermine sustainable development.
The Pact commits to protecting civilians in conflict zones and enhancing accountability for serious violations of international law.
4. Disarmament and arms control:
One of the Pact's notable achievements is the reaffirmation of commitment to nuclear disarmament, alongside measures to prevent the weaponization of emerging technologies, including artificial intelligence.
5. Addressing global inequalities in Science and Technology:
The Pact promotes reducing disparities in science, technology, and innovation (STI) and emphasizes women's and girls' participation in these fields.
It advocates for increased funding for SDG-related research and innovation.
6. Enhancing Multilateral cooperation:
The adoption of the Pact showcases countries' commitment to an international system centred around the United Nations.
It aims to enhance multilateralism to better reflect contemporary global dynamics, fostering collaboration among governments, civil society, and private sectors.
7. Youth and gender equality:
The Pact prioritizes youth engagement in global decision-making and commits to revitalizing the Commission on the Status of Women, ensuring the empowerment of women and girls.
8. Financial architecture reform:
The Pact outlines comprehensive reforms to the international financial architecture, aiming for more equitable representation of developing countries and improved financial safety nets to support economic resilience.
9. Global Digital compact and future generations declaration:
Annexed to the Pact, the Global Digital Compact establishes a framework for digital cooperation that emphasizes human rights and accountability in the digital space.
The Declaration on Future Generations focuses on safeguarding the interests of future populations through long-term governance principles.
10. Outer Space:
On governing outer space, the Pact includes an agreement to strengthen the existing international frameworks including to ensure that all countries can benefit from its safe and sustainable exploration and use, and working with non-State actors where relevant.
The Pact includes follow-up mechanisms, including a high-level review of the Global Digital Compact in 2027 and a comprehensive review of the Pact for the Future in 2028.
Context: Tuvalu is a group of 9 atolls located in Pacific Ocean. Climate change and rising sea level rise means that the islands are facing a risk of submergence.
Tuvalu Islands
Tuvalu is an island nation located in the Central Pacific Ocean with a total area of only 26 sq km.
Funafuti is the capital of Tuvalu.
The island country has a population of about 11,000 people.
Since the islands is spread over a wide area of 900,000 sq km in the Pacific Ocean (twice the size of California). Tuvalu has a large exclusive economic zone in the pacific ocean, which is rich in ocean resources.
The country is located on a group of 9 atolls, whose mean elevation is just 2 metres.
Recent measurements reveal that Tuvalu has experienced a sea level rise of 15 cm over the past three decades, which is one and half times of the global average.
According to projections by NASA, by 2050 daily tides will submerge half of main atoll of Funafuti, which is home to 60% of Tuvalu's residents.
Salt-water incursion has ruined groundwater creating a crisis of freshwater availability. This has forced residents of Tuvalu to depend on rainwater tanks and a central raised garden for growing vegetables and food items.
What is Tuvalu doing for this crisis?
Tuvalu has entered into a landmark climate and security treaty with Australia in 2023 which allows 280 Tuvaluans to move to Australia annually.
Construction of sea walls and barriers to guard against worsening sea storms.
Building of 7 hectares artificial land which can stay above tides.
Tuvalu and UNCLOS
Under the UNCLOS, the extent of maritime zone is decided by features of permanently dry land.
Baseline for a maritime zone may be established by reference to the low-water line of a feature that is above water at all times. However, due to the rising sea level and possible submergence, island nations like Tuvalu risk losing or diminishing their Exclusive Economic Zones.
Thus, Tuvalu has called for amending the UNCLOS which allows countries like it to permanently retain control of its vast maritime zone with large blue economy like fishing rights and mining of seabed minerals.
According to current international law, dry land is also essential for recognition of sovereignty. Tuvalu has been campaigning to its maritime boundaries and statehood recognised for permanent.
Context: After the success of the Mars Orbiter Mission (Mangalyaan) and Chandrayaan lunar missions, India now aims to explore Venus with its proposed Venus Orbiter Mission (Shukrayaan).
Venus Orbiter Mission:
The Union Cabinet has approved India’s first mission to Venus which ISRO aims to launch in March 2028. This is the country’s second interplanetary mission after the Mars Orbiter Mission launched in 2013.
The mission is being developed by the Indian Space Research Organisation (ISRO).
Objective: To study the planet’s atmosphere, surface, and geological features using sophisticated scientific instruments.
Study the structure, composition, and dynamics of Venus's atmosphere.
Investigate surface processes and subsurface stratigraphy.
Explore solar wind interactions with the Venusian ionosphere.
The mission will place a spacecraft in orbit around Venus. Once the satellite exits the Earth orbit, it will take around 140 days to reach Venus.
The mission will carry scientific payloads weighing around 100 kg. The orbiter is expected to carry instruments like synthetic aperture radar, infrared and ultraviolet cameras, and sensors that will study Venus’s ionosphere.
The mission will also see India perform aero-braking for the first time.
Aero-braking is a technique used to reduce a satellite's orbit by using atmospheric drag instead of relying solely on fuel-powered engines.
It is particularly useful for missions to planets with significant atmospheres, like Venus, where it helps conserve fuel while gradually lowering the satellite's altitude.
Significance of the mission:
Clues about Earth's Evolution: Venus is often termed "Earth's twin" due to its similar size, mass, and density. By studying Venus, scientists can gather valuable information about how planetary bodies evolve over time. Understanding why Venus evolved into a hot, dry planet while Earth remains habitable may offer critical insights into planetary development, particularly for Earth-like planets.
Insights into Venus's Atmosphere: The mission will provide key insights into the thick clouds that shroud Venus, composed primarily of carbon dioxide and sulfuric acid, and explore whether there are any signs of active volcanoes.
Clues about Climate Change and Atmospheric Dynamics: Scientists believe that more than four billion years ago, Venus had enough water to cover its surface with an ocean 3 km deep. But now the planet has become dry and dusty. By comparing Venus’s climate with Earth’s, scientists hope to better understand how climate change affects planetary atmospheres.
Facts about Venus:
Venus has a solid surface by virtue of being one of the 3 inner planets besides Mercury and Earth. It is nearly the same size as the Earth.
96.5% of the atmosphere of Venus is made up of carbon dioxide and there are sulphuric acid clouds on the planet. Thus, the palnet has a high greenhouse effect.
It has an extremely high surface temperature of around 462 degree Celsius, even hotter than Mercury (the planet that is closest to the Sun).
This may be possible due to a runaway greenhouse effect. The water present on the Venusian surface has evaporated because of the proximity of the planet to the Sun.
As water vapour is a greenhouse gas, it led to the planet trapping more heat and further evaporating water from its surface.
The atmospheric pressure on Venus is much higher than on Earth. It is almost similar to the pressure felt underneath the oceans on Earth.
Surface pressure on Venus is about 90 times that on Earth while surface pressure on Mars is 1/100th of that on Earth.
Venus rotates very slowly on its axis as compared to Earth. One rotation of Venus lasts around 243 Earth days.
Its rotation period is longer than its orbital period. (Rotation on its own axis – 243 days, Orbital period around the sun - 224.7 days).
The planet has retrograde rotation, meaning it spins in the direction opposite to the direction in which it orbits the Sun.
Due to the slow rotation of Venus it has no global magnetic field. (Earth’s magnetic field is due to rotation of iron core).
NASA’s image data from the Magellan spacecraft's visit to Venus has revealed evidence of volcanic activity on it. About 80% of the surface of Venus is composed of flat plains of volcanic origin.
Upcoming Venus missions:
The US has planned at least two more missions to Venus in the future — DaVinci in 2029 and Veritas in 2031.
NASA's DAVINCI (Deep Atmosphere Venus Investigations of Noble gases, Chemistry, and Imaging) mission will study Venus from above its clouds down to its surface, investigating how the planet and its dense atmosphere formed and evolved over the past 4.5 billion years. Tentatively scheduled to be launched in June 2029 and would enter the Venusian atmosphere in June 2031.
VERITAS: NASA's VERITAS (Venus Emissivity, Radio Science, InSAR, and Spectroscopy) mission is expected to be launched in 2031. VERITAS will use a suite of seven instruments to study the surface and atmosphere of Venus.
The European Space Agency (ESA) has planned the EnVision mission for 2030. EnVision will study the atmosphere, surface, and interior of Venus.
Context: The Jharkhand High Court has directed the state government to identify illegal Bangladeshi immigrants in the Santhal Parganas region after a PIL raised concerns about demographic changes due to ‘Bangladeshi infiltration.’ The petition noted a significant demographic shift in six districts, with the tribal population decreasing from 44.67% in 1951 to 28.11% in 2011, while the minority community's percentage rose from 9.44% to 22.73%.
Illegal immigrants from Bangladesh:
Illegal migration and cross-border activities pose significant challenges along the India-Bangladesh border, which is highly porous.
The border spans 4,096.7 km, with 3,145 km already secured by physical fencing, while the remaining sections are planned to be covered by a combination of physical and technological barriers.
The Home Ministry's 2021-22 annual report highlights that the porous nature of the Indo-Bangladesh border has made it difficult to control illegal migration and other cross-border activities.
Assam and West Bengal, which share a porous border with Bangladesh, are particularly affected by illegal infiltration.
Who are ‘Illegal Immigrants’?
An illegal immigrant in India is defined as a foreigner who has either entered the country without valid documents or overstayed beyond the permitted time under the Citizenship Act, as amended in 2003.
Such individuals are ineligible for citizenship by registration or naturalization and may face imprisonment for 2-8 years and fines.
However, an exception was made in 2019 for minority communities from Bangladesh, Pakistan, and Afghanistan who fled to India due to religious persecution or fear of it. These individuals are not considered illegal migrants and remain eligible for citizenship.
The 2001 Indian Census provides data on migrants, with Bangladeshis being the largest group, followed by Pakistanis, though it does not specifically categorize illegal immigrants.
Reasons for influx of Illegal Immigrants from neighbouring regions:
1. Economic opportunities: Neighbouring countries like Bangladesh, Nepal, and Myanmar face poverty and unemployment, pushing people to seek better livelihoods in India.India's larger economy offers better job opportunities, especially in informal sectors.
2. Political instability:
The 2021 military coup and ethnic conflicts in Myanmar forced thousands of Rohingya and other minorities to flee to India. The UN estimated nearly 18,000 Rohingya refugees in India by 2021. The Civil War (1983-2009) led to over 100,000 Tamil refugees entering India, many illegally. The Taliban's takeover in 2021 prompted many Afghans to seek asylum in India.
3. Religious and ethnic persecution:
Religious minorities, especially Hindus, have faced persecution, leading to migration to India. The Citizenship Amendment Act (2019) responded to this, with over 25,000 Pakistanis seeking Indian citizenship between 2016-2019.
4. Environmental factors:
Climate change and environmental degradation, especially in coastal areas, drive migration. The Sundarbans region has seen significant displacement due to rising sea levels, leading to an influx into West Bengal.
5. Lack of stringent border controls:
India's borders with Bangladesh, Nepal, and Myanmar are porous. These border regions traverse a range of natural landscapes which are hard to monitor, making illegal crossings easier. India has an easily navigable sea route with Pakistan as well as Sri Lanka making it vulnerable to a continuous threat of an influx of illegal migration.
Preventing the entry of illegal migrants into India is important as they impose pressure on citizens and pose a security threat, especially in sensitive areas such as Jammu and West Bengal
Threats to India’s National Security:
The large influx of illegal immigrants in different parts of India has raised both direct and indirect threats.
Direct threats
Radicalization and infiltration:
The large influx of illegal immigrants, especially from regions with ongoing conflicts or extremist activities, increases the risk of radicalization. Terrorist organizations can exploit refugee movements to infiltrate operatives into the country.
Indian security agencies have reported that some Rohingyas, who may sympathize with militant ideologies, could be active in areas like Jammu, Delhi, Hyderabad, and Mewat, posing a potential threat to internal security.
Intelligence reports have indicated that Pakistan-based terror groups have attempted to infiltrate operatives into India under the guise of migrants from Bangladesh.
This not only poses a direct threat to internal security but also strains India’s relations with neighbouring countries.
Political and cultural threats:
The demographic change due to the influx of illegal immigrants threatens the political and cultural pre-eminence of local populations.
In states like Assam, the continuous influx of immigrants from Bangladesh has altered the demographic balance, leading to tensions between the indigenous population and the newcomers.
The Assam Accord of 1985, which sought to address these concerns, highlights the long-standing issue of illegal immigration and its impact on the socio-political fabric of the region.
The unchecked influx of undocumented immigrants poses a serious threat, potentially sparking power struggles between foreign anti-national groups and the indigenous populace.
Infiltration of Myanmar Kuki-Chins has previously ignited the Naga vs. Kuki conflict (1992 – 1999), Kuki vs. Paite (1997–1998) in Manipur, and the Kuki vs. Karbi clash (2003 – 2004) in Assam.
Militancy:
Ongoing attacks against Muslims perceived as illegal migrants in Assam have contributed to radicalization within some segments of the Muslim community.
This has led to the emergence of militant groups, such as the Muslim United Liberation Tigers of Assam (MULTA), posing a significant threat to national security.
Law and order disruption:
Illegal migrants undermine the rule of law and national integrity by engaging in activities such as obtaining identity documents illegally, involving in trans-border smuggling of arms.
Indirect threats:
Resource strain:
The arrival of large numbers of illegal immigrants can strain local resources, including land, water, and public services.
This often leads to resentment among the local population, who feel that their opportunities are being usurped.
For instance, in urban areas like Delhi and Mumbai, the presence of illegal immigrants has contributed to overcrowding and increased competition for jobs, leading to a decline in wages and working conditions.
According to a 2022 report by the National Sample Survey Office (NSSO), regions with high concentrations of illegal immigrants have witnessed a significant drop in wages for unskilled labor.
Social instability and crime:
The lack of opportunities and the prevailing sense of insecurity among the local population can cause social instability.
Illegal immigrants, often living in poverty and deprivation, may become vulnerable to crime, both as victims and perpetrators.
Terror outfits can easily exploit these vulnerabilities, recruiting individuals by promising better prospects and livelihoods.
The Bodoland violence in 2012, which was partly fuelled by concerns over illegal immigration and its impact on local communities.
In the northeastern states of India, where illegal immigration is a significant issue, there has been a noticeable rise in crime rates, including human trafficking and smuggling, as reported by the National Crime Records Bureau (NCRB) in 2023.
Grievances over resource distribution:
The situation in Assam's border districts, where illegal settlements have encroached on forest and agricultural land, has led to frequent clashes between the indigenous communities and the immigrants.
The 2019 National Register of Citizens (NRC) exercise in Assam was an attempt to address these grievances but also highlighted the deep divisions and challenges in resolving the issue.
The cumulative impact of these direct and indirect threats can lead to broader regional and national instability.
India's strategy to address these threats:
Strengthening border security:
India has invested in extensive border fencing and surveillance systems to control illegal crossings. The construction of the India-Bangladesh border fence, which spans over 4,000 kilometers, aims to deter unauthorized movement. As of 2023, approximately 3,200 kilometers of the fence have been completed.
The Comprehensive Integrated Border Management System (CIBMS) project leverages technology for enhanced border monitoring.
Efforts to improve border security also include the construction of border roads to enhance communication and mobility in these areas.
In addition, floodlights have been installed along significant portions of the border in West Bengal, Meghalaya, Assam, Mizoram, and Tripura.
The BSF plays a crucial role in patrolling and securing India's borders. For example, in 2022, the BSF apprehended over 2,000 individuals attempting to cross the India-Bangladesh border illegally.
Legal and policy frameworks:
National Register of Citizens (NRC): The NRC is a government initiative to identify and document citizens and illegal immigrants. The most notable application was in Assam, where the NRC was updated to exclude illegal immigrants. The 2019 NRC list excluded over 1.9 million individuals, although this process faced criticism and legal challenges.
Foreigners Act of 1946: This act regulates the entry and stay of foreigners in India. It empowers the government to detain and deport illegal immigrants. Recent amendments and stricter enforcement have aimed to enhance its effectiveness.
Diplomatic cooperation:
India has worked with Bangladesh to address illegal immigration through bilateral agreements. The 2015 Land Boundary Agreement (LBA) resolved border disputes and facilitated the exchange of enclaves, which has helped reduce illegal movement.
Challenges in managing national security threats from illegal immigration:
1. Operational:
The extensive and challenging-to-monitor borders with Bangladesh (4,096 km) and Myanmar (1,643 km) have gaps despite efforts like border fencing.
The Border Security Force (BSF) struggles with limited resources and the need for advanced surveillance technology.
Inefficient coordination between central and state agencies hampers effective border management, leading to gaps in enforcement.
2.Legal:
The Foreigners Act and Citizenship Amendment Act (CAA) create a complicated legal environment.
The CAA has faced protests and legal issues, complicating its implementation.
Balancing national security measures with human rights, as seen with the CAA, leads to criticism and protests.
Recommended strategies for dealing with the issue:
A comprehensive national policy for effective border management is urgently needed. This policy should be formulated by national security experts and tailored to address the unique challenges faced by each border region of the country.
1. Enhancing border security:
India can invest more in high-tech solutions like drones, infrared sensors, and AI-based monitoring systems. Expanding and better equipping the BSF and other border agencies can help close existing security gaps.
2. Reforming legal framework:
India needs a more transparent and consistent legal framework to define and categorize illegal immigrants, refugees, and asylum seekers. Ensuring that security measures do not infringe upon human rights is crucial.
3. Coordination between Central and State agencies:
Establishing a unified command structure for border management could enhance coordination.
The European Union’s Frontex agency exemplifies how centralizing border management can improve coordination across multiple states.
Regular joint training programs for central and state agencies can foster better coordination.
4. Counter-terrorism measures:
Strengthening intelligence sharing between central and state agencies, and with international partners, can help detect and prevent radicalization.
Developing programs to engage with migrant communities and address grievances can reduce the risk of radicalization.
5. Strengthening diplomatic cooperation:
Strengthening and expanding bilateral agreements with neighbouring countries for better border management and repatriation processes is essential.
For example, India could model agreements on the U.S.-Mexico bilateral cooperation on border security, which includes joint initiatives and intelligence sharing.
Regional forums like the Bay of Bengal Initiative for Multi-Sectoral Technical and Economic Cooperation (BIMSTEC) could improve collective responses to illegal immigration and security challenges, as Counter-Terrorism and Transnational Crimes are in its list of priority sectors of cooperation.
Context: A seven-judge constitution bench of the Supreme Court in the State of Punjab vs Davinder Singh judgement has held that sub-classification of SC and ST categories is permissible. Also, States have power to create these sub-classifications. Earlier, the Supreme Court in E. V. Chinnaiah vs State of Andhra Pradesh (2004) had ruled that sub-classification was not permissible in the SC category. The Davinder Singh Judgement has overturned the E. V. Chinnaiah judgement.
Present Status - reserved categories
Currently, the entire Scheduled Castes and Scheduled Tribes are treated as one large class. There is no sub-categorisation among these communities.
However, even among the SCs and STs there are communities which are relatively more backward. Thus, there has been an ongoing demand for allowing sub-categorisation in these communities enabling the relatively backward in these communities to apportion greater benefits.
Constitutional Status of Scheduled Castes
Article 366 (24): Scheduled Castes are defined to mean such castes, tribes or parts or groups within such castes, races or tribes as deemed under Article 341 of the Constitution.
Article 341(1): President has given the power to notify castes, races or tribes which shall be deemed to be Scheduled Castes for a State or UT. The President will notify the SCs for a State or UT in consultation with the Governor of the State.
Article 341(2): Parliament may by law include or exclude any caste, race, or tribe from the list of Scheduled Castes specified in the Presidential notification issued under Article 341(1).
Articles 342 and Article 342-A relate to notification of STs and SEBCs respectively and contain provisions similar to Article 341.
Judgement in EV Chinnaiah Case
Scheduled Castes form a class by themselves.
Sub-classification amounts to tinkering with the Presidential order issued under Article 341. States have no power to deal with State Legislature.
Scheduled Castes constitute a class and further classification is not permissible among the SCs. Indira Sawhney judgement permitted the sub-classification of the Other Backward Classes, but this is not applicable to SCs. Sub-classification amounts to giving preference to a 'miniscule proportion' of the SCs, over other members of the SCs which would impermissible under Article 14.
SALIENT FEATURES OF DAVINDER SINGH JUDGEMENT
Article 14 of the Constitution:
Article 14 is an amalgamation of two expressions - equality before law and equal protection of laws.
Equality before law means absence of special privileges for any individual. However, it does not mean that the same law should apply to everyone, but that the same law should apply to those who are similarly situated.
Equal protection of laws means that laws must be administered equally among equals. This also enjoins the State the with power to reasonably classify those who are differently placed.
Thus, equality under Article 14 is not 'sameness' but that there must be a parity of treatment under parity of conditions. The substantive equality under the Article calls for equality of opportunities over equality of treatment.
Thus, sub-classification is a facet of equality and law can further classify a class that is already created by law for a limited purpose. The classification should be based on intelligible differentia and rational nexus.
Intelligible Differentia means a discernible and understandable distinction. Thus, the distinction should be based on clear criterion or standard.
Rational nexus: There should be a clear and rational link between classification criterion and intended outcome or goal of the classification.
The test to determine whether sub-classification within a class is justified under Article 14, is whether the class is homogenous or not.
Homogeneity of SCs
There are historical and empirical evidence to show that SCs are homogenous.
Some studies such as by AM Shah have highlighted that SCs are not a homogenous class.
Hardships and backwardness which SCs have suffered historically would differ from category to category.
Some communities are included in the Presidential list while the same community has not been included in SCs in other states highlighting the none homogenous nature of SCs.
The word 'deemed' in Article 341 was not indicative of creation of legal fiction. The intention of this legal fiction created under Article 341 was for limited purpose of identifying the SCs and differentiating them from other groups. It was not indicator of homogeneity.
Sub-classification and States interference with SC list
In the EV Chinnaiah judgement, the court opined that sub-classification amounts to states tinkering with Presidential List under Article 341. However, in the Davinder Singh Case, the SC held that sub-classification did not led to including or excluding any caste through legislation. Thus, did not amount to tinkering with the list.
Also, States had the legislative power to create sub-classification as it did not amount to tampering with the Presidential List. This power stemmed from Article 15 and Article 16 of the Constitution.
Criteria for Sub-classification
Article 15(4) provides that the beneficiary class for the purpose of the provision must be socially and educational backward. The social and educational backwardness should not be seen as mutually exclusive but together.
The purpose of this Article is to ensure substantive equality by ameliorating social backwardness. Thus, the states need to prove varying degrees of backwardness and inadequate representation within the group based on empirical evidence.
Although sub-classification with the SC category was permitted, however, it did not meant that that seats should be allocated for each caste group. Classes exhibiting similar level of backwardness, should be categorised together.
Creamy Layer among SCs
State must evolve a policy for identifying creamy layer exception even from SCs/STs (Indira Sawhney judgement mandated creamy layers only for OBCs).
Within the SCs, certain caste groups were reaping the benefits of reservation more than others. Thus, these caste groups should that they should walk away from special provisions making way for the needy.
Context: Cambodia has launched $1.7 bn Funan Techo Canal mega connectivity project.
About Funan Techo Canal Project
The Funan-Techo Canal Project aims to connect Cambodia's capital Phnom Penh with the coastal town of Kep located on the Gulf of Thailand by a 180 km canal.
As per the plans, the canal will be 100 metres wide and 5.4 metres deep allowing for two shipping lanes.
Currently, ocean-bound shipping from Phnom Penh passes through Vietnam's Mekong Delta to ports near the Ho Chi Minh City in Vietnam.
The Funan Techo Canal will provide Cambodia an alternative route for sea trade and reduce its dependence of Vietnamese ports.
The Canal project is part of the broader Belt and Road Project of China and will be built with Chinese assistance.
Context: A 9-Judge Constitution Bench of the Supreme Court in the Mineral Area Development Authority (MADA) vs SAIL declared that royalty imposed on mining is not a tax. Thus, the court overruled the its own seven judge bench judgment in the India Cements vs State of Tamil Nadu judgement (1989), which ruled that royalty are a tax.
Distribution of legislative power over mines and minerals under the Seventh Schedule
Entry 54 of Union List: Regulation of mines and mineral development to the extent to which such regulation and development under the control of the Union is declared by Parliament by law to be expedient in the public interest.
Entry 23 of State List: Regulation of mines and mineral development subject to the provisions of Union List with respect to regulation and development under the control of the Union.
Entry 50 of State List: Taxes on mineral rights subject to any limitations imposed by Parliament by law relating to mineral development.
Statutes relating to Taxation of Minerals: MMRD Act
Parliament enacted the Mines & Minerals (Development & Regulation) Act, 1957 (MMDR Act) under the Entry 54 of the Union List of Seventh Schedule. MMDR Act is a comprehensive code for regulation of mines and development of minerals.
MMDR Act provides that holder of a mining lease shall pay royalty in respect of any mineral removed or consumed from the leased area at the specified rates.
Dispute over the nature of Royalty: There has been a dispute over the nature of royalty i.e., whether it is a tax or not. A Seven Judgement Constitution Bench of Supreme Court in the India Cements vs State of Tamil Nadu (1989) ruled that royalty imposed on mining are a tax in nature. However, a 5 judge constitution bench in State of West Bengal vs Kesoram Industries ruled that royalty is a not a tax. However, since India Cements judgement was given by a larger 9 judge bench, it continued to hold.
Nature of a Tax
Tax is a compulsory exaction of money by a public authority.
Tax is imposed under statutory power without consent of tax payer.
Tax demand is enforceable by law
Tax is an imposition made for public purpose to meet general expenses of the state without reference to any special benefit to be conferred on the payer of the tax.
Tax is a part of common burden.
Salient Observation in MADA Judgement
Royalty is not a tax but a contractual consideration paid by the mining lessee for enjoyment of mineral rights.
Legislative power to tax mineral rights vests with the State legislatures. Parliament does not have legislative competence to tax mineral rights under Entry 54 of Union List, since this is a general entry. Power to tax mineral rights is expressly enumerated in Entry 50 of State List, therefore, Parliament cannot use its residuary powers in this matter.
Entry of 50 of State List envisages that Parliament can impose 'any limitations' on mineral taxation by states. However, the MMDR Act has not imposed any limitations.
Context: Cholliyattom is an informal collective of young Koodiyattam artists in Kerala, launched during the COVID-19 pandemic. This platform aims to bring together artistes from various schools of Koodiyattom to collaborate, preserve the art form, and learn the nuances of different styles.
Preserving different Koodiyattam traditions:
Cholliyattom plays a critical role in preserving various styles of Koodiyattom, which include the Kalamandalam or Painkulam style, Ammannur style, and Mani Gurukulam style.
By creating a space for intergenerational knowledge transfer, Cholliyattom ensures that these styles are kept alive and continuously practiced.
Nuances of Koodiyattom:
Koodiyattom is known for its complexity, with intricate sign languages, acting styles, and specific techniques that vary between traditions.
While the costumes across different styles may appear similar, there are slight differences in gestures and performances, which can be challenging for audiences unfamiliar with the art's technical vocabulary.
Expanding Koodiyattom beyond temple premises:
Historically, Koodiyattom performances were confined to temple premises in Kerala, limiting its audience and outreach.
However, Cholliyattom aims to bring this ancient Sanskrit theatre tradition to a broader audience by encouraging participation from artistes of diverse social backgrounds.
The collective not only promotes collaboration among artistes but also strives to make the art more accessible to younger generations, ensuring its continuity and evolution.
About Koodiyattam:
Introduction:
Koodiyattam, a theatre tradition practiced for over two thousand years in Kerala, gained international recognition when UNESCO proclaimed it a ‘Masterpiece of Oral and Intangible Heritage of Humanity’ in 2001.
It was later inscribed on the Representative List of the Intangible Cultural Heritage of Humanity in 2008.
Koodiyattom, derived from the Malayalam word ‘koodiyattam’ meaning ‘combined act,’ is a unique fusion of ancient Sanskrit theatre with elements of Koothu, an ancient performing art from the Sangam era.
Koothu, also known as Therukoothu, is a traditional folk art from Tamil Nadu, where artists combine music, dance, and storytelling to narrate epic tales.
The performances are conducted in Tamil, and this art form dates back to the early Tamil country.
Koothu reached its zenith centuries ago, with mentions in Sangam literature, which also documents the development of Tamil literature (iyal), music (isai), and drama (natagam).
Koothu performances usually draw from scenes in ancient epics like the Ramayana, Mahabharata, and Tamil classical epics.
Notably, there is no spoken dialogue in the performances-only songs are used to convey the narrative.
History:
Koodiyattom, traditionally performed in temple theatres known as koothambalams, is the only surviving art form that incorporates drama from ancient Sanskrit theatre.
The art form evolved from Koothu, which has been mentioned in Sangam literature and temple inscriptions of the Pallava, Pandiyan, Chera, and Chola periods.
These performances, considered integral to worship, were conducted alongside devotional singing of hymns like Tevaram and Prabandam.
Notably, kings of the ancient period, including a Pallava king named Rajasimha, contributed by authoring works like Kailasodharanam that were performed as part of these sacred services.
Reformation by Kulasekhara Varma:
Kulasekhara Varma, a medieval king from the Chera Perumal dynasty, is credited with reforming Koodiyattom.
He introduced the local language for the Vidusaka role and restructured the presentation into well-defined units.
He also authored two plays, Subhadradhananjayam and Tapatisamvarana, which are still performed today.
Other classical plays traditionally performed in Koodiyattom include Kalyanasaugandhika by Nilakantha, Nagananda by Harsha, and several plays by Bhasa, such as Abhiseka and Pratima.
Instruments and performance traditions:
Traditionally, the main musical instruments used in koodiyattam are the mizhavu, kuzhitalam, edakka, kurumkuzhal, and sankhu.
The mizhavu, the most prominent of these, is a percussion instrument that is played by a person of the Ambalavas Nambiar caste, accompanied by Nangyaramma playing the kuzhithalam (a type of cymbal).
Percussion instruments are musical instruments that produce sound by being struck, shaken, or scraped. Examples-Drums, cymbals etc.
Traditionally, koodiyattam has been performed by Chakyars (a subcaste of Kerala Hindus) and by Nangyaramma (women of the Ambalavasi Nambiar caste).
The main actor is a Chakyar who performs the ritualistic koothu and koodiyattam inside the temple or in the koothambalam.
Chakyar women, Illotammas, are not allowed to participate. Instead, the female roles are played by Nangyaramma.
Koodiyattom performances are divided into three main parts:
Purappadu: The actor performs a verse with the nritta aspect of dance.
Nirvahanam: Through abhinaya (expressive gestures), the actor depicts the emotions and character of the play's protagonist.
Koodiyattom: The final part, where the actual play begins, involving multiple actors performing in rhythm with the beats of the mizhavu drummers.
Modern revival:
In 1962, under the guidance of art and Sanskrit scholar V. Raghavan, Guru Mani Madhava Chakyar performed Koodiyattom outside Kerala for the first time at Sanskrit Ranga in Chennai.
This marked a significant moment in the evolution of the art form as it expanded beyond its traditional boundaries.
Decline:
Historically, Koodiyattom was an exclusive art form performed within Hindu temples and restricted to caste Hindus.
The art form, often requiring forty days to complete a performance, faced a significant decline with the collapse of the feudal order in Kerala during the 19th century, leading to a loss of patronage and financial difficulties for artists.
Despite a revival in the early 20th century, Koodiyattom once again struggles due to a lack of funding and institutional support.
Context: A recent study published in “Earth and Planetary Science Letters” suggests that Earth may have once had rings similar to those of Saturn.
Major highlights of the study:
Scientists from Monash University, Australia analysed 21 crater sites on Earth from the Ordovician period (488-443 million years ago) and found that all impacts occurred near the equator, which is unusual since asteroid impacts usually occur at random latitudes. This suggests the presence of a ring over Earth's equator during that period.
This ring would have formed around 466 million years ago when an asteroid passing too close to Earth broke apart due to its gravity, and created a debris-laden ring around the equator. Over time, the debris from the ring fell to Earth, with larger pieces forming craters near the equator.
The ring over Earth’s equator would have had a profound impact on the Earth’s climate. The axial tilt of Earth relative to the Sun would mean that the rings would have shaded the winter hemispheres and increased solar flux to the summer hemispheres, potentially contributing to global cooling. Notably, Earth experienced significant cooling around 460-445 million years ago, coinciding with the peak of the Hirnantian Ice Age. However, further research and modelling are needed to confirm the connection.
Roche limit:
The Roche limit is the closest distance at which a satellite can approach its primary body (e.g., a planet) without being torn apart by the tidal forces exerted by the larger body.
In a two-body system, such as a planet and its satellite, two key forces act on the smaller body:
Internal Gravity of the Satellite: This is the cohesive force that holds the satellite together, resisting external forces.
Tidal Force from the Larger Body: This is the gravitational pull of the larger body (planet), which stretches the satellite and tries to pull it apart, especially along the line of gravitational force between the two.
When a satellite orbits beyond the Roche limit, its internal gravity is strong enough to resist the tidal forces, allowing it to maintain its structural integrity and orbit stably around the planet. E.g., Our Moon
In the case of Earth, our moon is safely located far beyond the Roche limit, which is why it remains intact and orbits without disintegrating.
However, if the satellite crosses within the Roche limit, the tidal forces of the planet become stronger than the satellite's own gravity, causing it to disintegrate. The resulting debris from this disintegration forms a ring around the planet, much like the rings we see around Saturn and other gas giants.
