GS Paper 2

U.S. pick Ajay Banga confirmed as next president of World Bank

Context: The World Bank confirmed Ajay Banga was selected as its next president on Wednesday, taking charge at a pivotal time for the development lender as it looks to better address climate change. The Bank’s board voted to approve his leadership for a five-year term. He will take over the role from David Malpas in June.

About world bank

World Bank came into existence in the year of 1944 along with IMF at the meeting of the UN Monetary and financial conference, commonly known as the Bretton woods conference.

Now it has 189 members

India is one of the foundational members of the world bank

World bank Organization

  • The World Bank is like a cooperative, made up of 189 member countries.
  • These member countries, or shareholders, are represented by a Board of Governors, who are the ultimate policymakers at the World Bank.
  •  Generally, the governors are member countries' ministers of finance or ministers of development.
  • They meet once a year at the Annual Meetings of the Boards of Governors of the World Bank Group and the International Monetary Fund.

World Bank is not a single entity rather it is a group of five institutions

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IBRD

  •  Created in 1944 to help Europe rebuild after World War II.
  •  IBRD joins with IDA, our fund for the poorest countries, to form the World Bank. 
  • They work closely with all institutions of the World Bank Group and the public and private sectors in developing countries to reduce poverty and build shared prosperity
  • The International Bank for Reconstruction and Development (IBRD) is a global development cooperative owned by 189 member countries.
  •  As the largest development bank in the world, it supports the World Bank Group’s mission by providing loans, guarantees, risk management products, and advisory services to middle-income and creditworthy low-income countries, as well as by coordinating responses to regional and global challenges.

IDA

  • The International Development Association (IDA) is part of the World Bank that helps the world’s poorest countries.
  •  Established in 1960 and headquartered in Washington DC, IDA aims to reduce poverty by providing zero to low-interest loans (called “credits”) and grants for programs that boost economic growth, reduce inequalities, and improve people’s living conditions.

IFC

  •  Established in the year 1956
  •  Headquarters at Washington DC
  •  It makes investments in productive private enterprises in association with private investors.
  •  It concentrates on areas where sufficient private capital is not forthcoming on reasonable terms and conditions.
  • It acts as a clearing house for bringing together investment opportunities, private capital and experienced management.
  •  It stimulates the international flow of capital.
  •  It assists the development of capital markets in less-developed countries.
  • It encourages private sector activity in developing countries through three types of activities.

MIGA

MIGA is the World Bank Group’s most recent agency (1988), created in Washington DC with the aim of attracting private capital to unfavourable environments, usually countries with a lower level of income and in contexts that are unappealing for investments.

This agency works as a complement to the IFC, providing guarantees to foreign investors against so-called “political risks”, which are risks related to the country where the investment will be applied, such as:

  •  Losses related to currency convertibility (difficulties in converting local currency into dollars or euros) and transfer restrictions of the same nature;
  •  Countries in violent contexts (wars, etc.);
  •  Contractual violations by local governments which place the investment at risk;
  •  Seizure of private investors’ assets or properties and failure to meet financial obligations on the part of the Host State

ICSID

  • It was established in 1966 by the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (the ICSID Convention).
  • The ICSID Convention is a multilateral treaty formulated by the Executive Directors of the World Bank to further the Bank’s objective of promoting international investment.
  • ICSID is an independent, depoliticized and effective dispute-settlement institution.
  • Its availability to investors and States helps to promote international investment by providing confidence in the dispute resolution process.
  • It is also available for state-state disputes under investment treaties and free trade agreements and as an administrative registry.
  •  ICSID provides for the settlement of disputes by conciliation, mediation, arbitration or fact-finding.

Union Health Minister Dr Mansukh Mandaviya reviews Organ Donation Policy; directs for imbibing learnings from International Standards

Context: Hon’ble Prime Minister Shri Narendra Modi called upon the countrymen to come forward for the noble cause of organ donation for saving the lives of fellow human beings in the 99th episode of the “Man Ki Baat” Programme. This has given a fresh impetus to organ donation in the country.  The number of total organ transplants in the country has substantially increased from less than 5000 in the year 2013 to more than 15000 in the year 2022.

Transplantation of Human Organs and Tissues (THOT) Rules, 2014.

  • The Transplantation of Human Organs Act (THOA) was enacted by the Government of India in 1994.
  • This act was amended in 2011 and the same was notified as Transplantation of Human Organs and Tissues (THOT) Rules 2014. 
  • It provides guidelines regarding the removal, storage and transplantation of human organs for therapeutic purposes and prevents the commercial dealings of human organs.
  •  According to THOT, the concept of transplantation is the grafting of human organs from a living or dead person to a living person for a therapeutic process.
  •  Further, the deceased person is a person who does not have any symptoms of life such cases that is of brain stem death or cardio-pulmonary sense after live birth.
  •  Brain-stem death is a stage at which all the functions of the brain-stem have permanently and irreversibly ceased.

Authority for removal of human organs or tissues

  •  As per the current medical practice of the land, a living person can be an organ donor and can permit the removal of any is/her organs or tissue during his or her lifetime for therapeutic purposes by the provisions of Section 3 of the THOT Act 2014.
  • The organ also can be removed from the human body after the declaration of brain stem death subject to the consent and authorization of the near and dear ones and permission of competent authority as per the THOT Act 2014.
  • The brain stem death of a person is declared by a panel of experts.
    The panel of experts shall be framed by provisions in the said act and they should be fully operational at all levels of the need.
  • The authorization authority for organ removal and transplantation is available at three tier stages, State level, District Level and Institutional Level.
  • The Institution refers to the authorized hospitals or health care centres for organ removal, storage and transplantation.

Procedure for Organ Donation & Transplant. 

According to NOTTO (National Organ and Tissue Transplant Organisation) about THOT Rules 2014.

Living donors

  • It refers to any living person who is ready to donate his/her organ.
  • It can be related donors (parents, siblings etc.), spousal donors, or other related donors.
  • There should be valid documentary evidence of the relationship in the case of related donors by provisions of 8the THOT Act.

Spousal donor

Here the proposed transplant is between a married couple, documents such as marriage certificate and marriage photograph are kept for records along with the information on the number and age of children and a family photograph depicting the entire family and birth certificate of children containing the particulars of parents.

Swap donation

  • Swap donation is the transplantation of organs within the family between persons who are related but whose blood group is incompatible.
  •  Swap transplant should be carried out simultaneously, so there is no donor reneging.
  • Donor reneging means that one of the donors backs out from the donation. 
  • Furthermore, the donor and recipient pair in a family should be near related.

Other than near-related donors

  • It is a controversial category of organ donation as the possibility of illegal, forceful and monetary-based transplantations are involved in it.
  • If the donor–recipient pair is non-related then permission is granted by the authorization committee.

The THOT Act 2014 has made several provisions to avoid organ trade.

1.      Donor or recipient from another state: When the living donor is unrelated and if the donor or recipient belongs to a state, other than the state where the transplantation is to be undertaken, verification of residential status by Tehsildar, or any other authorized officer for the purpose with a copy marked to the appropriate authority of the state of domicile of donor or recipient is 8required.

2.      Foreign donors: In the case of foreign donors donating to their relatives in India, transplantation is permitted only in near-related donors. Indian living donors wanting to donate to a foreigner other than a near relative shall not be considered. In the case of foreigners coming for transplantation in India, the transplant is permitted in India with permission from a senior embassy official of the country of origin who certifies the relationship 8between the donor and the recipient.

3.      A deceased (cadaver) donor/transplant is another source of organs:  The deceased donation can be either after brain stem death or after cardiac death. People can pledge their organs during their lifetime if they want their organs to be used after death. After certification of the brain stem death of the person, it’s now mandatory for the medical practitioner to ask him near relative or person for lawful possession of the body of a person admitted to the Intensive Care Unit (ICU) regarding the plan of organ donation. Even if the donor has pledged his organs before death, the consent of a near relative or person in lawful possession of the body is also required. In case of Medico-Legal Case is involved in the organ donor then the Medical Practitioner after obtaining necessary permissions and consent may intimate the proceeding to a nearby Station   Officer or Superintendent of Police in the limit for the retrieval of organs or tissue from the donor and a copy of such a request should also be sent to the designated post mortem doctor of area simultaneously. Commercialization of Organ Transplantation.

Rajnath, Maldives minister launch Delhi-assisted harbour construction.

Context: India and Maldives marked a major step in their growing defence cooperation by launching construction of a harbour for the Coast Guard of the Maldives National Defence Force (MNDF).

  • The UTF Harbour Project, as it is called, is among the biggest Indian grant-in-aid projects in Maldives. Previously in 2020, India had gifted a Dornier aircraft to Maldives and in 2019 handed over a patrol vessel.
  • The handing over of these vessels are in line with India’s vision of Security and Growth for All in the Region (SAGAR) that seeks to work together with and jointly develop the capabilities of friends and partners for a safe, secure, prosperous and stable Indian Ocean Region
  • Further there is a need to explore additional avenues for cooperation, including in areas of defence trade, capacity building and joint exercises, according to the statement. 
  • There is also a need to promote people-to-people contact and exchanges between armed forces of the two countries and reaffirmed the importance of maintaining peace, stability and security in the region and recognised the need to work together to address common security challenges.

In the light of these recent developments, we will look at the relationship between India and Maldives.

Importance of Maldives for India

  • The geostrategic importance of the nearly 1,200 islands of the Maldives as a “most important interstate,” underlines the importance for New Delhi of positive bilateral relations with Male.
  • At present, India is dependent on oil for more than 90 percent of its energy needs, and over the next few decades, 90 percent of that oil will come from the Persian Gulf by way of the Arabian Sea.
  • Coal imports from Mozambique, are set to increase, augmenting the coal that India already imports from around the Indian Ocean from countries such as South Africa, Indonesia, and Australia.
  • Beyond refuelling stations, by maintaining access to these ports, the expanding Indian Navy can safeguard its interests by providing security for the sea lines of communication, ensuring vital resources reach India’s coast and thus emerge as a net security provider.
  • Moreover, such access provides strategic depth in any potential conflict with China, wherein India could attempt to restrict the flow of oil through the Indian Ocean to the Malacca Strait.
  • Maldives is a member of SAARC and thus is important for India to keep Maldives on board to maintain its leadership in the region and is also part of India backed Colombo security conclave ( Sri Lanka Indian and Mauritius being other members)
  • There are about 29,000 Indians in the country and almost 22,000 of them live in Male, the capital and also Indian tourists account for more than 23% of total tourist arrivals in the Maldives.
  • India is also a preferred destination of Maldivians for medical treatment, education and business

Indian Assistance to Maldives

  • Operation Cactus: In 1988, when armed mercenaries attempted a coup against President Maumoon Abdul Gayoom, India sent paratroopers & Navy vessels and restored legitimate regime under Operation Cactus.
  • 2004 Tsunami: India had aided Maldives and had also supported it during the drinking water crisis in 2014
  • COVID-19: India rushed $250 million aid in quick time, India has also rushed medical supplies to the Maldives, started a new cargo ferry. Maldives was the first beneficiary under India’s vaccine Maitri initiative
  • Two sea ambulances to the Maldives Defence Ministry
  • Infrastructure projects:

(a) Greater Male Connectivity project: An infrastructure project in Maldives, connecting Male (capital) with three neighbouring islands through construction of a bridge-and-causeway link. This project was a part of $400 million line of credit will lead to cutting down logistics cost and drive people- centric economic growth.

(b) An international airport being developed by India at Hanimadhoo in HaaaDahaalu atoll. The $ 136.6-million development of the airport at Hanimadhoo has been financed by a line of credit to the Maldives from India’s Exim Bank

(c)Housing: India is financing 4,000 social housing units and community centre in Foakaidhoo island

(d) Further a proposed collaboration between Cochin University and the Maldives National University, and a $100 million grant for “high impact community development” projects.

Concerns in India – Maldives Relationship

  • Enhanced Chinese Presence: Maldives signed its first country-specific FTA with China in 2017 and became China’s 2nd FTA in South Asia after Pakistan. It raised concerns that it will deepen debt trap to China, as more than 70% of Maldives’ foreign debt is owed to China. There has growing trend of Chinese companies acquiring land in Maldives. This land grab has raised concern of Maldives being increasingly falling into an economic neo-colonial influence of China. However President Solih has affirmed that Maldives will scrap FTA with China and investigate Chinese land grab in Maldives. The Maldives has also agreed to become a partner in China's maritime silk route.
  • President Yameen Hangover: President Yameen had earlier declared an emergency in Maldives and halted the functioning of Maldives Parliament (Majlis) and arrested several opposition leaders. This was opposed by India and several other countries. Apart from this, President Yameen augmented relations with China without taking India into confidence. This led India-Maldives relations to decline
  • Previous President Yameen launched an ‘India Out’ campaign against India’s developmental funding for creating physical, social & community infrastructure. There have been protests for early release of Mr. Yameen — sentenced to five years of imprisonment in a money laundering case, pending appeal.
  • Growing Radicalization: There is a growing presence of ISIS/Daesh in Maldives and has been seen with growing influence of Saudi philosophy of Wahhabis.
  • New Consulate in Addu: Recently India approved Opening of a New Consulate General of India in Addu City, Maldives. But Maldivian government has not made any decision regarding it. This came in the backdrop of ongoing #saveAddu social media campaign by a section of Maldivians, who are sceptical of India’s presence in Addu atoll.
  •  Helicopter Issue: India had gifted Maldives two Advanced Light helicopters in 2013 operated by Indian Coast Guard & Indian Navy. A controversy broke out in 2018 after previous Maldives government refused to extend visas of Indian military personnel and asked India to take back helicopters.

Capital Punishment in India

Context: The Indian government is considering to form a committee to examine the need for a more humane alternative to death by hanging.

Meaning of Capital Punishment:

  • Capital punishment, also called death penalty, results in execution of an offender sentenced to death after conviction by a court of law for a criminal offence. 
  • The term "Capital Punishment" stands for most severe form of punishment. It is the punishment which is to be awarded for the most heinous, grievous and detestable crimes against humanity.

Capital Punishment provided under Indian Laws:

Indian Penal Code

  • Section 302 - Whoever commits murder shall be punished with death or imprisonment for life and shall also be liable to fine.
  • Section 303 - Whoever, being under sentence of imprisonment for life commits murder, shall be punished with death.
  • Section 124A - Whoever by words, either spoken or written, or by signs, or by visible representation, or otherwise, brings or attempts to bring into hatred or contempt, or excites or attempts to excite disaffection towards the Government established by law in, shall be punished with imprisonment for life, to which fine may be added, or with imprisonment which may extend to three years, to which fine may be added, or with fine. 

Code of Criminal Procedure (CrPC) 

  • Section 366 - When the Court of Session passes a sentence of death, the proceedings shall be submitted to the High Court, and the sentence shall not be executed unless it is confirmed by the High Court.
  • Section 368 - In any case submitted under section 366, the High Court— (a) may confirm the sentence, or pass any other sentence warranted by law, or (b) may annul the conviction and convict the accused of any offence of which the Court of Session might have convicted him, or order a new trial on the same or an amended charge, or (c) may acquit the accused person. 
  • Section 369 – Death Sentence shall be presided by division bench (Bench of 2 Judges) or more, and order should be signed by at least two judges of the bench.  

Death Penalty in India:

  • The death penalty is a legal punishment for certain serious offenses under the Indian Penal Code, but it is imposed only in the most severe cases. 
  • The decision to impose the death penalty is made by a judge after considering the nature and severity of the crime and any aggravating or mitigating factors. 
  • The death penalty is only given in cases where the judge considers the crime to be of such a nature that it warrants the most severe punishment possible.

Death Penalty in Confirmation to Article 21

  • Article 21 - No person shall be deprived of his life or personal liberty except according to procedure established by law.
  • Indian Penal Code under Section 302 provides reason for death penalty and Criminal Procedure Code establishes the process of awarding death penalty.
  • Thus, awarding death penalty or capital punishment cannot be said to be against the principles of Article 21 of the Indian Constitution.

Bachhan Singh v. State of Punjab, 1980

  • Hanging is done in India in the rarest of rare cases as per the Criminal Procedure Code.
  • Supreme Court held that the death penalty given to a convict is constitutional and will be done in rarest of rare cases.
  • The Court said that death penalty is a lawful infliction of death by the state as a punishment for wrongful and heinous committed by the accused.
  • The Court said that capital punishment is not against Right to life and personal liberty as guaranteed under Article 21 because death penalty through capital punishment has been established under law (Section 366 of Code of Criminal Procedure) and is a legal process.
  • Thus, state is empowered to take away life of citizens through procedure established by law if they are found guilty of crime committed which is punishable with death penalty and is a rarest of rare cases.

Methods of execution in India:

  • Hanging
  • Shooting which is provided for under the Army Act, Navy Act, and Air Force Act.

Mode of execution in question?

Supreme Court is hearing a petition challenging the constitutionality of death by hanging as a mode of execution. The court clarified that the constitutionality of the death penalty is not in question, but rather the mode of execution. The government argues that the method of execution is a matter of legislative policy, and in 2018, the Centre supported death by hanging and did not find the method of execution "barbaric, inhuman, and cruel" compared to other methods such as lethal injection.

Need for removal of Capital Punishment (Law Commission 262nd Report on Death Penalty):

  • Does not Serve as Deterrence: Death penalty is no more a deterrent than life imprisonment, which in India can be for the whole life with limited remissions granted after 30-60 years in many cases of serious crimes.
  • Retribution versus Vengeance: Retribution is important in punishment but not synonymous with vengeance. The "eye for an eye" notion has no place in our constitutionally mediated criminal justice system, and capital punishment doesn't achieve any valid societal goals.
  • Restorative & Reformative Justice loses focus on death penalty as the ultimate measure of justice to victims, the restorative and rehabilitative aspects of justice are forgotten through which accused behaviour can be changed.
  • Reliance on the death penalty diverts attention from other problems ailing the criminal justice system such as poor investigation, crime prevention and rights of victims of crime.
  • Death Sentence disproportional for Vulnerable Sections: The vagaries of the system also operate disproportionately against the socially and economically marginalized who may lack the resources to effectively advocate their rights within an adversarial criminal justice system.
  • Death Penalty Abolished by Most Civilized Nations: In retaining and practicing the death penalty, India forms part of a small and ever dwindling group of nations. That 140 countries are now abolitionist in law or in practice, demonstrates that evolving standards of human dignity and decency do not support the death penalty.
Arguments in Favor of Capital PunishmentArguments Against Capital Punishment

It is based on deterrent theory of punishment – and instils fear of punishment including death among wrong doers.  
Morally Wrong - Keeping an accused of heinous crimes alive at the cost of the lives of number of citizens or potential victims in the society is morally wrong.   
Article 21 - Death Penalty in India in accordance with Article 21 and is also used in Rarest of the Rare Cases.
Death Penalty allows for Right to Appeal – Indian laws and the constitution allow for appeal against the decision of High Court and even Supreme Court. Article 72(c) allows the convict to appeal against the decision of Supreme Court to the President of India if death sentence has been awarded. 

Ensures Retribution by State - It ensures retributive justice by the state which deprives a person of his/her life based on the retributive theory of punishment. It is generally argued that retribution even by state is immoral and is a sanitized form of vengeance. 
Person suffering from Mental Illness - The United Nations Commission on Human Rights calls upon countries “not to impose the death penalty on a person suffering from any form of mental disorder or to execute any such person. 
It does not help in reducing or deterring heinous crime.   
Time Gap – Generally there is a large gap between awarding of death penalty between awarding of death penalty and execution. This keeps offenders waiting on death row

Overall, the issue of capital punishment is complex and requires a nuanced approach that takes into account the views of all stakeholders, including the victims and their families. Ultimately, the decision on capital punishment in India should be based on a thorough analysis of its effectiveness, fairness, and compatibility with human rights standards.

Bilkis Bano case convicts playing for time: SC judge

Context: Justice K.M. Joseph, on a Division Bench of the Supreme Court on Tuesday, said that it was “more than obvious” that the men released early from life imprisonment in the case of gang rape of Bilkis Bano and murder of her family members during the 2002 Gujarat riots were raising a maze of procedural objections in successive court hearings to avoid his Bench.

Time line of Bilkis Bano case

  • During the Gujarat riots of 2002, Bilkis Bano (then five months pregnant) along with her three-and-a-half-year-old daughter and 15 other family members were abruptly attacked by about 20-30 people armed with sickles, swords, and sticks. 
  • Among the attackers were the 11 accused men. Bilkis, her mother, and three other women were raped and brutally assaulted. Of the 17-member of the group eight were found dead, six were missing. Only Bilkis (who reportedly was five months pregnant at that time), a man, and a three-year-old survived the attack.
  • The case was looked upon by the National Human Rights Commission (NHRC) and the Supreme Court, which ordered an investigation by the Central Bureau of Investigation. 
  • Bilkis Bano was not able to receive her well-deserved justice instead, she got threat notices and so, the case was moved to Mumbai from Gujarat.
  • A special CBI court in Mumbai sentenced the accused to life imprisonment on the charges of gang rape and murder in January 2008. 
  • The Bombay high court maintained the conviction of the accused in 2017, and in 2019
  • The SC ordered the Gujarat state government to compensate the victim with Rs 50 lakh, a job, and a house.
  • Almost after ten years, the Mumbai High Court, in May 2017, upheld the conviction and life imprisonment of 11 people in the gang rape case.
  • In 2019, the Supreme Court awarded compensation of Rs 50 lakh to Bilkis Bano.
  • One of the convicts, Radheshyam Shah, had approached the Gujarat High Court seeking remission of the sentence under section 432 (which mentions the empowerment of the state government to remit sentences as prison is a state subject under the constitution) and section 433 (which adds a caveat; convicts who have received a life sentence for an offence that even carry a death sentence) of the Code of Criminal Procedure. The Gujarat HC dismissed his plea saying that the "appropriate government" to decide about his remission is Maharashtra and not Gujarat.
Power of Remission Under Cr.Pc Different From Constitutional Powers of Pardon

Suspend or Remit – Criminal Procedure Code (Cr.PC) under Section 432 empowers central and state government to suspend or remit a sentence, in whole or in part, with or without conditions. 

Commutation – Section 433 empowers central and state governments to commute death sentence, imprisonment for life and rigorous imprisonment to a lesser degree.

State Government to Consult the Centre – Section 435 of Cr.PC states that powers of state government to suspend, remit or commute a sentence must be done in consultation with the central government if: 

1. The case was investigated by Central Bureau of Investigation (CBI) or 

2. The case was investigated by any other agency empowered to make an investigation into an offence under any Central Act. 

3. The offence involved misappropriation or destruction of, or damage to, any property belonging to the Central Government, or 

4. The offence was committed by a person in the service of the Central Government while acting in the discharge of his official duty.

Section 433A adds a restriction on powers of remission or commutation in certain cases. It states that where a sentence of imprisonment for life is imposed on conviction of a person for an offence for which death is one of the punishments provided by law, or where a sentence of death imposed on a person has been commuted under section 433 into one of imprisonment for life, such person shall not be released from prison unless he has served at least 14 years of imprisonment.
  • The Gujarat government had on August, 2022 granted remission to the convicts, as they had served over 15 years in prison and reportedly showed good conduct in Jail. However, the trial court judge at Mumbai as well as the prosecuting agency, the CBI, had opined against grant of remission on the ground that they committed the heinous offences in a gruesome manner.
  • A series of petitions have been filed in the Apex court , challenging the release of the 11 rapists. The court took up the issue explained it was important for it to examine the records to see whether the State government had independently applied its mind to all the relevant factors before granting remission to 11 men sentenced to life imprisonment for the gangrape of Bilkis Bano and the “horrendous mass murder” of her family members during the 2002 riots.

For further readings regarding constitutional and legal provisions related to remission and pardon kindly refer following link

Internal Chaos, External Crisis

Context: Pakistan Foreign Minister Bilawal Bhutto Zardari’s visit to India  is bound to generate much media interest but will make little dent in the indifferent relations between the two countries. Any meaningful change in bilateral relations must necessarily wait until Pakistan has a domestic consensus on foreign policy. The vocal opposition in Islamabad to Bilawal’s visit the first by its foreign minister to India in more than a decade underlines Pakistan’s sharp internal divisions about its external relations at a critical juncture in world politics.

Domestic Politics and Pakistan’s Foreign Policy

  • The lack of agreement on India is only one part of Pakistan’s foreign policy problem. The bigger tussle has been on finding a sustainable approach to Pakistan’s engagement with  the major powers that are at odds with each other—US, China, and Russia. 
  • Pakistan is also facing new challenges in Afghanistan and is struggling to cope with the shifting geopolitical dynamic in the Middle East.
  • Further there has been latest attacks on the former chief, General Qamar Jawed Bajwa ( Army- the second state). Media has accused Bajwa of making major “compromises” with India on Kashmir; they also alleged that he was claiming that the Pakistan army is in “no position to fight” India.
  • Army in the past has made endless meddling in domestic politics. Army helped install Imran Khan as the PM in 2018 and chose to pull him down in 2022. It also unseated Nawaz Sharif on flimsy grounds in 2017 and allowed the Sharif family to come back into the mainstream in 2022. 
  • Though the impact of Army on domestic politics needs continuous evaluation, it did during the last regime tried to reorient Pakistan’s foreign policy and made a major effort to improve ties with India. The testimony of this approach was announcement of a ceasefire agreement in February 2021 which came after heightened tensions following the Pulwama terror attack and Balakot bombing by India’s Air Force and the Pakistani riposte in February 2019

It has been highlighted that the ceasefire agreement was a product of back-channel talks between the Indian national security adviser Ajit Doval and Bajwa. The ceasefire was to be followed by several confidence-building measures to relax tensions between the two countries.

  • Army move (under Bajwa) to reduce tensions with India were part of a broader effort to rejig Pakistan’s foreign policy. It was a recognition that current policies are accelerating Pakistan’s relative decline in the region. 
  • Army’s call to discard Pakistan’s obsession with geopolitics and focus on national development, geoeconomics, and good neighbourly relations underlined the case for Pakistan’s urgent strategic course correction.
  • At the same time Government (the first state) had an anti-American posturing saw the deterioration of ties with Washington. The government enthusiasm to be seen in Moscow on the day Russian President Vladimir Putin ordered the invasion of Ukraine outraged Europe and the US. Imran also sought to align with Turkey as it sought to wrest the leadership of the Islamic world from Saudi Arabia and picked quarrels with the United Arab Emirates. This in turn undermined the traditional goodwill for Pakistan in the Arab Gulf

Conclusion

Pakistan will need a lot of time and space to get its domestic act together and rebuild a foreign policy consensus. The first priority for India must be to sustain the valuable backchannel to the army leadership in Rawalpindi. Weakened though it is, the Pakistan Army remains the only credible interlocutor for India in the near term.

Backchannel Diplomacy

India and Pakistan have engaged with each other via backchannel from December 2020 till April 2021. However, these talks are at a standstill because of the lack of willingness shown by the two countries to change their stands on the various existing issues. 

While Pakistan has welcomed the reports of third-party mediation, India has maintained silence as it goes against its traditional position on diplomacy with Pakistan. India maintains officially that issues with Pakistan are of a bilateral nature that has no space for third party mediation or intervention. 

What is Back-Channel diplomacy? 

  • Back-channel talks are used to talk to each other through non-official channels to discuss and resolve the problems facing the countries. 
  • It is conducted through foreign diplomats or neutral Governments trusted by both sides desirous of change in status quo. 
  • It is also a means of restoring the status quo ante in case of difficulties. 
  • It is also conducted by respected figures in public lives who are known for integrity, accuracy, who are capable of clarity, caution and patience and deep knowledge of the issue. 

What are the benefits of such a diplomacy? 

  • It enables would-be dealmakers to test the waters—to determine whether the other party is capable of negotiating in good faith—before exploring real commitments. 
  • They can be particularly appealing to high-level leaders who are fearful of a public failure if their efforts to reach a deal collapse. 

Backchannel Diplomacy DIPLOMACY IN THE PAST 

  • Such talks had been initiated by General Zia-ul-Haq and Prime Minister Rajiv Gandhi through Jordanian Crown Prince Hassan. 
  • During the Kargil War, Prime Minister Atal Bihari Vajpayee chose an unorthodox back-channel interlocutor, R.K. Mishra. 
  • In 2016, six former Pakistani High Commissioners also travelled to Delhi for a Track-II consultation with nine former Indian High Commissioners, where they met NSA Doval and senior MEA officials 

Why backchannel now? 

  • Front door diplomacy is not possible because of a complex past. 
  • Pakistan’s dire economic condition and the mounting pressure from the Financial Action Task Force to shut down all terrorist safe havens or face severe sanctions is clearly one imperative for Islamabad’s willingness to engage via the backchannel even after India’s decision on J&K. 
  • To avoid the possible two Front war. UAE’s geostrategic role as a peace broker: In recent years, the UAE has shifted its attention away from military projection to diplomacy, investment and other forms of soft power. 
  • Abu Dhabi was prime mover in last year’s Abraham Accords between Israel and several Arab states. 
  • UAE played a key role alongside their Saudi counterparts in mediating the 2018 peace deal between Ethiopia & Eritrea. 
  • The UAE has reduced its footprint in Yemen and drawn down its forces in the Horn of Africa. It is looking to scale back in Libya, where it provided both air cover and material support for the rebel forces of Khalifa Haftar; the Emiratis are now backing a political solution to the civil war. 
  • UAE has also sought to reduce tensions with Iran and is leading Arab efforts to reengage with the regime of Bashar al-Assad in Syria, having concluded that the war there has effectively ended and that the only way to advance Emirati interests is through political, diplomatic and commercial means. 
  • UAE’s strong trade & commercial ties to India and Pakistan, and as it is home to millions of Indian and Pakistani expatriate workers makes it uniquely qualified to mediate between the two countries. 
  • UAE is hoping restoration of trade links between two countries. 
  • More ambitious still, it is aiming to secure a viable understanding on Kashmir, which has been flashpoint for several wars since their 1947 partition upon independence from British rule. 
  • South Asian initiative also plays into the UAE’s pursuit of other important foreign-policy objectives. It helps to deepen the partnership with USA by paralleling American efforts to resolve the conflict in neighbouring Afghanistan, where India and Pakistan have competing economic and security interests. 

What are the risks? 

  • Back-channel negotiating may foster costly delays and perpetuate impasse they are designed to overcome. 
  • They provide only temporary protection from deal spoilers and public scrutiny. 
  • Such secret negotiations can facilitate early breakthrough agreements but yield diminishing returns when relied on too frequently. 

In Karnataka, BJP promises uniform civil code if elected

Context: The BJP’s released its manifesto for the May 10 Karnataka Assembly elections with several poll promises. Prominent among them are implementing the Uniform Civil Code in the State based on the recommendations by a high-level committee which will be constituted if the party is voted to power.

Uniform Civil Code (UCC)

  • Article 44 of the Indian Constitution states that the State shall endeavor to secure for the citizens a uniform civil code throughout the territory of India. However, it is not so easy to make a uniform law on personal laws of all religions as each aspect of personal life like marriage, divorce, succession etc. are governed differently. So, Uniform Civil Code is an attempt to unify all civilian laws including personal laws for people of all faith living in India
  • UCC is the proposal to administer same set of secular civil laws to govern all people irrespective of their religion, gender, domicile, caste, etc. This law will be distinguished from public law and will subsume all laws covering marriage, divorce, inheritance, adoption and maintenance of different religions into one codified law. However, so far it has been difficult to achieve uniformity in personal laws of all religion.

Present push for UCC

  • Recent promises by BJP in its poll manifesto for Karnataka poll.
  • Proposal to Examine UCC by Uttarakhand CM days after Uttarakhand Chief Minister took oath.
  • Private Members’ Bill proposed on UCC by Rakesh Sinha, Rajya Sabha member.
  • Matter to be taken by 22nd Law Commission as per the Law Minister.
  • Supreme Court - government should explore the UCC to secure gender justice, equality and dignity of women.
  • Proposal by Chancellor of Maulana Azad National Urdu University asked the Supreme Court to direct the government to constitute a judicial commission or a high-level expert committee to prepare a draft UCC in tune with international conventions which protect the rights of women.

UCC and Indian constitution

  • UCC has been provided under part IV of the Indian constitution and is part of DPSP. Article 44 states - “The State shall endeavor to secure for the citizens a uniform civil code throughout the territory of India.”
  • The objective is to harmonize diverse cultural practices and address the discrimination meted out to various vulnerable groups under the garb of religious practices.
  • During the drafting of the constitution, UCC met with stiff opposition from various corners. Various minority religions especially the Muslims felt that UCC would curtail their freedom of religion, hence were apprehensive of replacing their personal laws with UCC.
  • It was due to this apprehension that UCC was included as a DPSP rather than a Fundamental right and it was envisaged that it will be achieved gradually and not all at once.
  • Nevertheless, having UCC embodied in DPSP reflects the intention of securing justice and equality for all citizens.

Benefits of Uniform Civil Code 

  • UCC would not only protect the vulnerable sections, including women and religious minorities, but “promote nationalistic fervour through unity” as well as simplify the complex personal laws. 
  • It will do away with diversity in matrimonial laws, simplify the Indian legal system and make Indian society more homogeneous. 
  • It will de-link law from religion. 
  • It will create a national identity and will help in containing fissiparous tendencies in the country. 
  • It will also help in establishing social justice and gender equality in family matters. 
  • The introduction of UCC will promote monogamy among all the citizen of India including Muslim and it will lead to betterment in the position of women. 
  • It will also remove prejudices against women regarding personal laws on divorce and maintenance. 
  • It will help in strengthening the secular fabric of the country and promote unity. 

UCC and the Supreme Court 

a) Shah Bano case: In 1985, the Supreme Court ruled in favour of Shah Bano, who had moved the apex court seeking maintenance after her husband divorced her. The then Chief Justice, Y.V. Chandrachud, observed that a Common Civil Code would help the cause of national integration by removing disparate loyalties to law. The Court directed Parliament to frame a Uniform Civil Code. 

Despite the Judgment, the government, in 1986, enacted the Muslim Women (Protection of Rights on Divorce) Act, which nullified Shah Bano judgment. The Act allowed maintenance to women only for 90 days after the divorce”. 

b) In the John Vallamattom v. Union of India case in 2003, Chief Justice V.N. Khare had observed: “It is a matter of regret that Article 44 of the Constitution has not been given effect to. Parliament is still to step in for framing a common civil code in the country.”

c) S.R. Bommai - SC warned against “mixing politics with religion”. The court had worried whether a secular state should bring a code which can be perceived to be a threat to personal laws based on the religious beliefs of individual religions. 

Goa is the only state where Uniform Civil code exists

The Goa Civil Code collectively called Family Laws, was framed and enforced by the Portuguese colonial rulers through various legislations in the 19th and 20th centuries. After the liberation of Goa in 1961, the Indian State scrapped all the colonial laws and extended the central laws to the territory but made the exception of retaining the Family Laws. 

Law commission report on UCC - 2018

  • Law commission said that UCC is currently neither necessary nor desirable in India.
  • Need for Religion wise Amendment - The commission has recommended religion-wise amendment in personal laws to end discrimination against women within the communities. 
  • Ensure equality within community - It urged the legislator to “first consider equality within communities i.e. between men and women rather than equality between communities:”
  • Preserve diversity of personal laws in absence of consensus through codification - In the absence of consensus over UCC Commission felt that preserving the diversity of personal law is best way forward. To achieve this, it is desirable that all personal laws relating to matters of family must first be codified to the greatest extent possible and then the inequalities that have crept into codified law, should be remedied by amendment. 

Argument Against UCC

  • Against Right to Freedom of Religion - It will introduce  State interference in religious affairs hence against  the concept of secularism and may violate Article 25. This may go against S.R. Bommai Judgment which  held - The Constitution has chosen secularism as its  vehicle to establish an egalitarian social order.  Secularism is part of the fundamental law and structure of the Indian political system. 
  • It may impact the cultural practices of some tribal communities in India.
  • Considering the plural society of India – it will be a complex task to unify all personal laws of all religions, castes, communities, tribes etc. across the country. 

Way Forward

  • Hence, when and if an Uniform civil Code is brought into effect, it will have to ensure a balance between the protecting of fundamental rights and religious principles of different communities. Before enacting a common personal law, it is necessary to take into confidence all religion and communities of India. 
  • Further, steps can be taken to legislate on such common matters which are least controversial but with complete consent of every community in India. The idea is to provide uniformity in set of rules by consent and not to create more fissures and fault lines in the name of enforcing a uniform common law for India. 

  

National SC-ST Hub Scheme

Context: The Prime Minister has praised National SC-ST Hub Scheme which crossed more than a lakh beneficiary registration.

About National SC-ST Hub Scheme

  • The National SC/ST Hub has been set up to provide professional support to Scheduled Caste and Scheduled Tribe Entrepreneurs to fulfil the obligations under the Central Government Public Procurement Policy for Micro and Small Enterprises Order 2012, adopt applicable business practices and leverage the Stand-Up India initiative.
  • The “Public Procurement Policy for MSEs” mandates that Central Government Ministries, Departments, and Public-Sector Undertakings procure a minimum of 25% of their total annual value of goods or services from Micro and Small Enterprises including 4% of total procurement of goods and services from Micro and Small Enterprises owned by SC & ST entrepreneurs and 3% of total procurement of goods and services from Micro and Small Enterprises owned by women entrepreneurs.
  • The Hub is being implemented by the Ministry of MSME, Govt. of India through the National Small Industries Corporation (NSIC), a public-sector undertaking under the administrative control of this Ministry.
  • The Hub supports existing SC/ST entrepreneurs and enterprises in technological upgradation and capacity building thereby enabling them to effectively participate in the government procurement process.
  • This would involve active participation by CPSEs/Central Ministries, States, and Industry Associations such as DICCI and others.
  • Selected entrepreneurs would be provided with support and mentoring by industry experts, CPSEs, & incubators.

Achievements of the National SC-ST Hub Scheme

  • 1,06,854 Total SC-ST Candidates Assisted as up to 31st March 2023
  • 35,169 Total SC-ST Candidates Trained up to 31st March 2023
  • 1,301.93 Cr. Procurement from 8,828 SC/ST-owned MSEs in FY 2022-23

‘Grey areas’ in law banning prenatal sex determination need fixing, says HC

Context: The Delhi High Court has remarked that certain aspects of the Pre­Conception & Pre­Natal Diagnostic Techniques (Prohibition of Sex Selection) (PC & PNDT) Act need reconsideration for effective implementation of the Act. Court also remarked that “the low rate of conviction under the PC & PNDT Act poses a significant challenge, as it is incredibly arduous to prohibit pre­natal diagnosis of sex”.

The problem of declining child sex ratio

  • Continuous decline in child sex ratio since 1961 Census is a matter of concern for the country. Beginning from 976 in 1961 Census, it declined to 927 in 2001. As per Census 2011 the Child Sex Ratio (0-6 years) has dipped further to 919 against 927 girls per thousand boys recorded in 2001 Census.

Important provisions of the Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 

  • The Pre-natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act was enacted on September 20, 1994 and the Act was further amended in 2003. The Act provides for the prohibition of sex selection ,before or after conception, and for regulation of pre-natal diagnostic techniques for the purposes of detecting genetic abnormalities or metabolic disorders or chromosomal abnormalities or certain congenital malformations or sex linked disorders and for the prevention of their misuse for sex determination leading to female foeticide and for matters connected therewith or incidental thereto.

The Act is implemented through the following implementing bodies:

  1. Central Supervisory Board 
  2. State Supervisory Boards and Union Territory Supervisory Boards 
  3. Appropriate Authority for the whole or a part of the State or Union Territory 
  4. State Advisory Committee and Union Territory Advisory Committee 
  5. Advisory Committees for designated areas (part of the State) attached to each Appropriate Authority. 
  6. Appropriate Authorities at the District and Sub-District levels

Registration 

  • Appropriate Authority of the district is responsible for registration of ultrasound diagnostic facilities.
  • Mandatory Displays at ultrasound centre

(1) Pre-conception and Pre-natal Diagnostic Techniques (PC and PNDT) Certificate: It is mandatory for every clinic or facility or hospital etc. registered under the Pre-conception and Pre-natal Diagnostic Techniques Act to display the certificate of registration at a conspicuous place at such Centre, Laboratory or Clinic. 

(2) Signage, board or banner in English & local language indicating that foetal sex is not disclosed at the concerned facility. 

(3) Copy of the Pre-conception and Pre-natal Diagnostic Techniques Act must be available in every ultrasound centre

Renewal of registration 

(1) Every certificate of registration is valid for a period of 5 years 

(2) Renewal of registration to be done 30 days before the date of expiry of the certificate of registration. 

Mandatory maintenance of records: Register showing in serial order: 

(1) Names and addresses of men or women subjected to pre-natal diagnostic procedure or test

(2) Names of their spouses or fathers 

(3) Date on which they first reported for such counselling, procedure or test. 

(4) A monthly report should be submitted to the Appropriate Authority regularly, before the 5th of every month. A copy of same monthly reports with the signature of the Appropriate Authority acknowledging receipt must be preserved.

Preservation of the following duly completed forms 

  1. Form F 
  2. Referral Slips of Doctors 
  3. Forms of consent 
  4. Sonographic plates or slides 9. 

Record storage  

  • All above records should be preserved for 2 years. 

Powers of Appropriate Authority 

(1) Appropriate Authority can enter freely into any clinic or facility for search and seizure. 

(2) Examine and inspect of registers, records including consent forms, referral slips, Forms, sonographic plates or slides and equipment like ultrasonography machines. 

(3) To ensure presence of at least two independent witnesses of the same locality or different locality during the search.

Concerns 

  • Non-compliance with the legal requirements for operating the facility is rampant in many parts of India. 
  • The primary reason for non-conviction is due to the inadequate legal expertise provided by the Public Prosecutor. 
  • As per the 10th Common Review Mission Report of the National Health Mission , there are low conviction rates under this Act, due to  lack of witnesses, insufficient evidence, and out-of-court settlements.
  • The ground-level people are more focused on clerical errors than working on the bigger picture of reducing female foeticide. This has led to many instances of harassment of radiologists and has also provided additional avenue for corruption.
  • Future technologies being developed for sex-determination, like testing of craniate cells in maternal blood, subtle techniques for sex-pre-selection, like electrolysis, Ericsson’s methodology, etc are presently not covered under the law.

Suggestions 

  • Implementation of Act should be strengthened through regular survey and inspection.
  • Renewal of the registration  should be done on the basis of track record of the compliance to the record keeping rules.
  • Regular meetings among various implementation bodies of state should be taken up.
  • Monitoring and evaluation process should be made robust by inclusion of PRI’s , NGO’s and community workers.
  • Capacity building various stakeholders like prosecutors, District appropriate authorities, community workers like ASHA’s etc, through training and media workshop should be undertaken.

Conclusion

The sex determination techniques and female infanticide is an inhumane act that needs to be curtailed by effective implementation of the PC PNDT Act. Protection of women and girl child should be priorities through effective implementation of public policies and regulations. There needs to be proper vigilance by the state and civil society to look after the declining sex ratio of the female population in the country.  

Geopolitics of Indo-Pacific

Context: There was an assessment made by Central Intelligence Agency as per which China will likely launch its military mission against Taiwan sometime around 2027. It has made efforts to ready itself for this mission continue to make ripples among the tiny island nations of the South Pacific where it seeks to set up bases to tighten its grip in the region.

Recent Steps taken by China that highlights China flexing its muscle:

  • The Solomon Islands have been in the news recently with China trying to enter into a security pact with that country by persuading it to quit its present arrangement overseen by Australia. China has also been eyeing Vanuatu.
  • China has been trying to coerce the countries in the region to toe its line on Taiwan, especially when taken with Federated State of Micronesia.
  • Australia definitely has reasons to worry about China's attempts to win over the South Pacific island nations. Strategic access to these island nations could help China's military manoeuvres in the event of a conflict involving Australia or the US. This fear has been testified by China's deployment of its anti-ship ballistic missiles DF21 and DF21D.
  • China's recent manoeuvres should worry India also. It was reported that one of the missions of Xi Jinping during his recent summit with President Putin was to seek Russian supply of nuclear fuel, which China needs badly for expanding its arsenal at a feverish pace.
  • The closer Russia comes within China's sphere of influence the more uncertain will be Russia's dependability as a friend if the India-China conflict were to worsen.
  • China's role as a peacemaker in the Middle East could also be problematic. Most nations will see the peace brokered by China between Saudi Arabia and Iran in the region as a symbol of its increasing heft as a global mediator and its ability to fill the space held so long by the US. It could become a leading arms supplier of the region and bring in massive investments. The promise of a $400 billion investment in Iran is one of them.
  • Further China could even help Iran overcome its bottlenecks and realise its nuclear ambitions. India's involvement in Iran's Chabahar port project could be jeopardised in the long term and if China succeeds in peddling its influence in Yemen, with its base also in Djibouti on the horn of Africa, its presence in the region will be formidable.

Happening Haryana slips as investments drop amid worries over law reserving jobs for locals

Context: Once one of the most sought-after investment destinations, particularly for skill driven manufacturing sectors such as automobiles, Haryana seems to have lost some of its sheen with its share of new investment projects in the country tripping to a six year low of 1.06% in 2022­23, down sharply from almost 3% in the year before.

Highlights 

  • Total investment outlays announced in the State fell 30% last year to ₹39,000­odd crore from nearly ₹56,000 crore in 2021­22.
  • This pushed Haryana from the ninth best State in terms of new investment projects to the 13th rank in 2022­23. 
  • Manufacturing investments declined 60% to just about ₹9,500 crore.
image 2
  • Maruti Suzuki — one of the State’s largest legacy investors, which announced a ₹18,000­crore project, Haryana’s largest investment in 2021­22 — is now eyeing a ₹24,000­crore plant that will come up elsewhere.
  • Compared to 2021­22, when manufacturing, industrial parks, roadways and realty projects dominated the State’s largest investments, realty projects dominate the outlays announced in 2022­23.

The decline in fresh projects in the State coincides with its enactment of a law in early 2022 that reserved 75% of private sector jobs with monthly salaries up to ₹30,000 for local people. The law has been kept in abeyance after being challenged judicially, but the suspense over its implementation remains a worry for investors.

HARYANA’S LOCAL RESERVATION LAW

Haryana government passed a law reserving 75% of private sector jobs for residents of the state. This raised a debate on such sons of soil policies undertaken by state governments like Haryana and Andhra Pradesh.

Haryana Employment of Local Candidates Act 2020

The Act requires private sector employers to reserve 75% of job posts that offer a salary of less than Rs 30,000 for individuals who are domiciled in Haryana. It is applicable to all private companies, societies, partnership firms, trusts, any person employing ten or more persons in Haryana, or any other entity as may be notified by the Government.

Potential Benefits

• Provides employment opportunities to the locals and reduces regional inequalities.

• Reduces the friction between local and Migrant labour and helps in managing labour unrest.

• Since migration of labour is more often seasonal, the law can lower the dependence on migrant labour and reduces absenteeism.

Problems

  • Drive away investments: Mandatory quotas for jobs and powers for officials to slap penalties on companies for violations may drive away competitive firms who will be wary of new inspector raj and the impact on productivity.
  • Barrier to migration: Poses risk of obstructing free flow of labour from labour surplus states to labour shortage states, which is essential to reap the benefits of Demographic dividend.
  • Legal Implications: Violation of Art 14, Art 16 and Art 19(a) guaranteed by the Indian Constitution. In a landmark Pradeep Jain Case, the Supreme Court has raised concerns that such policies may lead to Economic and Social Fragmentation of India.
  • Political Implications: Rise of strong Sons-of-soil movement even in other states and thus end up affecting the spirit of Cooperative Federalism.
  • Increased Automation: Such affirmative actions in private industry might encourage firms to increase automation in production process which reduces employment generation potential of private firms.
  • Social Implications: In a multilinguistic society such as India, restricted work-related migration stifles interaction of different languages and cultures and helps in thriving regionalist tendencies.
  • Unsustainable solution: Though such reservations provide temporary benefits to the local community in terms of assured employment, it will not help in addressing the basic issues that are responsible for low employment growth.

Hence, States need to abstain from such inward- oriented and parochial policies, adopt spirit of cooperative federalism and work in a coordinated and synergistic manner to address the root cause- Lack of employment opportunities.

Tread a new path, one that prioritises social justice

Context: May 1 is widely known as the Labour Day, a day when we celebrate the contribution of workers worldwide. It is a moment of pride, celebration and hope. Three years after the COVID-19 crisis, followed by inflation, conflict, and food and fuel supply shocks, we badly need this. But the promises of renewal made during the pandemic, of ‘building back better’, have so far not been delivered for the great majority of workers worldwide.

Labour Day & its Concerns

  • The erosion of hard-won labour rights Reverse the hard reality, mistrust Globally, real wages have fallen, poverty is rising, and inequality seems more entrenched than ever.
  • Enterprises have been hard hit.
  • Many could not cope with the cumulative effects of recent unexpected events.
  • Small and micro-enterprises were particularly affected, and many have ceased operations.
  • People feel that the sacrifices they made to get through COVID-19 have not been recognised, let alone rewarded.
  • Their voices are not being heard clearly enough.
  • This, combined with a perceived lack of opportunities, has created a disturbing level of mistrust.

Way forward

Realise the Declaration of Philadelphia 1944: Our policies and actions must be human-centred, to allow people to pursue both their material well-being and their spiritual development in conditions of freedom and dignity, economic security and equal opportunity.

Focusing on ‘decent work’

  • To set out guiding principles for our economic and social systems, that they should not be turned exclusively to hitting specific growth rates or other statistical targets, but to address human needs and aspirations. This means focusing on inequality, poverty alleviation and core social protection.
  • The most effective way to do this is by providing quality jobs so that people can support themselves and build their own futures — ‘Decent Work for All’, as Sustainable Development Goal 8 terms it.
  • It means realistically addressing the long-term structural transformations of our time;
  • Ensuring that new technology creates and supports employment;
  • Pro-actively facing the challenges of climate change and ensuring we offer the jobs,
  • Skills training and
  • Transition support necessary for workers and businesses to benefit from the new low-carbon era;
  • Treating demographic changes as a ‘dividend’ rather than a problem, with supporting action on skills, migration and social protection, to create more cohesive and resilient societies.
  • We also need to reassess and refashion the architecture of our social and economic systems, so that they support this change of course towards social justice, rather than continuing to channel us into a policy ‘doom loop’ of inequality and instability.
  • Reinvigorate labour institutions and organisations so that social dialogue is effective and vigorous.
  • Review laws and regulations affecting the world of work, so that they are relevant and up-to-date and able to protect workers and support sustainable businesses.
  • Labour rights are in free fall Create a global platform to make all this happen, we need to recommit to international cooperation and solidarity.
  • We must enhance our efforts and create greater policy coherence, particularly within the multilateral system.

Improve Global Coalition for Social Justice.

  • This coalition will create a platform to bring together a broad range of international bodies and stakeholders.
  • It will position social justice as the keystone of the global recovery so that it is prioritised in national, regional and global policies and actions.
  • It will ensure that our future is human-centred.

Recall and fulfil the promises made under different ILO conventions

Sr. No.ConventionConvention numberIndia’s Position
1.Forced labour convention, 193029Signed& Ratified
2.Freedom of association and protection of the right to organise convention, 194887Not Signed
3.Right to Organise and collective bargaining convention, 194998Not Signed
4.Equal remuneration convention, 1951100Signed& Ratified
5.Abolition of forced labour convention, 1957105Signed& Ratified
6.Discrimination (Employment and Occupation) Convention, 1958111Signed& Ratified
7.Minimum age convention, 1973138Signed& Ratified
8.Occupational Safety and health convention, 1981155Not Signed
9.The worst form of child labour convention, 1999182Signed& Ratified
10.Promotional Framework for occupational safety and health convention, 2006187Not Signed