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Revisiting the international transboundary water dispute between India and Pakistan

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Water Control is an essential element of relevance for the development debate and of fair and effective international transboundary governance, demanding coordinated action not only among states but at all levels of government in today’s international relations regime. The paradigm focus on the Indus Waters Treaty between India and Pakistan which is a major settlement treaty for international river basin conflict and the increasing grievances of contracting parties taking into consideration the tensions in Kashmir and a scenario after abrogation of Article 370 of Indian Constitution.

The unprecedented water dispute between India and Pakistan has been of prime importance since immemorial due to the inclusion and violative effect of certain human rights principles and cross-boundary allocation of resources in the present issue. During the partition of British India in 1947 and the formation of the two states, i.e. Indian territory and Pakistan territory, the border lines were drawn and called as the ‘Indus watershed’ which cuts across many rivers and their tributaries. Alongside the stemming divide, a rivalry arose pertaining to India’s control over the upstream barrages which regulated the flow of water into Pakistan. Since India’s independence, the Indian Government made all the other princely states to be annexed within Indian states but Jammu and Kashmir became one of the most disputed and stressed areas with Pakistan wanting its control over it and the residents opting for independent status.

HISTORICAL BACKGROUND: INDIA WATER TREATY AND SUBSEQUENT CONFLICTING DEVELOPMENTS

Prior to the Partition of Subcontinent, the British rulers appointed a commission in 1941 which regenerated as Rau Commission resulting in determination of the riparian rights of various states and provinces above all the rivers of the Indus system on the basis of universally recognized principle of ‘equitable apportionment’. Pakistan felt threatened since its agricultural and agrarian infrastructure became heavily depended upon Indian territory and accused India of suspension of the flow of river water to its territory.

Earlier in 1951, India and Pakistan were on the verge of war over the territorial jurisdiction of Kashmir when David Lilienthal, the chairman of the Tennessee Valley Authority and of the U.S. Atomic Energy Commission visited the region caught attention between the two states. However, neither India nor Pakistan seemed willing to compromise their positions.

Finally, the World bank in 1954, after two long years of negotiation offered its own proposal by stepping beyond its limited role and forcing the states to consider concrete plans for the future of the Indus basin. By contract, in 1960, the Indus Waters Treaty was signed by the officials of both countries, Indian Prime Minister Jawaharlal Nehru and Pakistani Field Marshal Ayub Khan and this treaty was the result of the mediation which was conducted by the World Bank.

WHAT UNSETTLED THE INDIA-PAKISTAN WATER CONFLICT INITIALLY

Pakistan had the most rampant and endorsed perception towards the allocation of water resource and termed India as unduly benefitting at the expense of their scarce and natural resource. There were certain major factors which has pressurised the resources and led to depletion of water. Firstly, the population growth is a major factor which has led to the over-utilization of resources from both territories. It is pertinent to mention that scarcity of water is bonafide while understanding the scarcity of necessary items and it will make water usage for consumption and for agricultural purposes, especially in agrarian economies very difficult to acquire.

Secondly, the weak treaties between two or more states also lead to dilated international conflict. Thirdly, Environmental destruction is a major issue which has been highlighted by many activists and leaders while protesting for environment protection. Moreover, the latest dispute which involves Pakistan and India relates to construction of a dam, and the major argument which Pakistan reinstates is that the excessive reparation of climate change will bring harsh winters which will lead to reduction of river water flow in both the states and it will be a causation of the disputed diversion deliberately insinuated by India for dividing the river for construction of a dam. Fourthly, political leadership in any country entails the distribution of resources.

A parlance can be drawn with respect to the issue of abrogation of Article 370 of the Indian Constitution or the situation of Shaheen Bagh relating to new Citizenship law or how Pakistani citizens inflicted hate in Indian citizens against the Indian nation. Moreover, the constant retaliation and refusal to cooperate by Pakistani government has led our PM Narendra Modi to re-think about the Indus Water Treaty since a treaty is all about international relations and in no way the corresponding state is likely to cooperate.

PAKISTAN’S HUMAN RIGHTS ARGUMENT: IN LIEU OF THE WATER CONFLICT

The main argument by Pakistan concerning the India–Pakistan water conflict was related to the ‘human right to right access water’. The officials argued on basis of necessity principle and reprimanded it with India’s transparent plans for construction of dams which Pakistan derived that it would deprive Pakistanis of their human rights to access water. However, it is to be highlighted that India while planning to construct such dams was thinking for the benefit of both the states and even confronted Pakistan with the plan.

It is pertinent to mention that Pakistan accused India for blocking the Indus river and other rivers from India which in turn disrupted its usage for the Pakistani individuals and state thereof. Furthermore, Pakistan even inflicted agricultural fallacy in the self-territory as India’s fault which in result created huge chaos and mess with respect to the water conflict. However, the issue was solved before the World Bank as a mediator between the corresponding states and all the opaque junctures thrown at India’s position in IWT were solved and rested before the bank and respective state’s government.

Status Quo of India and Pakistan: In Purview of Present Scenarios Turmoil is never far away in South Asia, especially between India and Pakistan over disputed borders, scarcity of resources, and wide ranging threats from extremist violence to act of gods. Moreover, South Asia has been identified as a focal point for terrorism and religious extremism which therefore, has an upward interest in ensuring regional stability, preventing nuclear weapon proliferation and minimizing nuclear war between India and Pakistan. In February 2019, a young Kashmiri staged a suicide bombing which killed more than three dozens of Indian security forces. It was the deadliest attack in Kashmir in three decades. India also retaliated by sending jets across Pakistan/s administered Kashmir for the first time since the war of 1971 and launched limited strikes.

Moreover, in August 2019, India abrogated Article 370 of the Indian Constitution and revoked the autonomy of Jammu and Kashmir and declared it as a new territory of India. It was followed by wide range of protests and mass violation in society. Further, a security lockdown was also imposed in Kashmir which included detention of many people and a communication and internet blackout. Later in December 2019, the Indian parliament also passed a new Citizenship law which angered Islamabad and Pakistan since it excluded Muslims. Now a controversy has risen that Pakistan along with China is pressuring and duping India through conflicts at India-China Border and around Galvan Valley during this unfortunate time of Covid-19. By contrast, the new law passed by the Indian government stating that anyone can acquire land in the state of Jammu & Kashmir has turmoiled another tension among already heated up tensions.

Therefore, these prolonged tensions might result in water dispute conflict once again between the two corresponding states and tense the backdrop between them. Even though the Indus Water Treaty has survived three wars between the two countries, India has often raised the issue saying that for a treaty to work there had to be mutual cooperation and trust between the two sides which seems to be lacking by Pakistan.

CONCLUSION: A REFORMATIVE WAY TOWARDS INTERNATIONAL RELATIONS

In order to mitigate the threats caused by the conflict, it is imperative that a reformative way towards the international relations must be taken to prevent further escalation of the conflict. Dialog and mediation enables concerned parties to discuss issues and present them to a neutral mediator who makes a binding decision on issues raised just how World Bank became a mediator between the two corresponding states earlier. Another means is the re-negotiation of the treaty because the treaty was made many decades ago, and it overlooked certain societal changes which occur over time.

Therefore, a reformative approach involving peace building and cooperation is needed between these two corresponding states which is the only way out from such conflicts and disputes in question in the present era. Since, one of the greatest impediments to a thriving international relation is asymmetry of power between both the states, therefore it is correct in laying down that asymmetries in power enable domination and subordination at the same point, thereby skewing participation itself and, by extension, choking the international relation and its fair outcomes.

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Policy & Politics

Need to consider global pact on regulation of food tech: NITI Aayog official

‘Technology increasingly being controlled by private agencies and MNCs; global authority needed to ensure flow of such tech to developing nations for food safety and security.’

Tarun Nangia

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Expressing serious concern over the lack of proper global regulation on technologies affecting the food system, India is considering suggesting to the Food and Agriculture Organization of the UN to facilitate discussions on an international protocol or an agreement or a global authority on such technologies. “There are a lot of technological changes happening. In many cases, we do not have the right kind of regulation to ensure proper use of such technologies. Should we be asking the Food and Agriculture Organization of the UN to help prepare some global protocol on whatever technologies are coming? So, could we or should we have some kind of global agreement on these or should a global authority be advising on these,” Professor Ramesh Chand, Member, NITI Aayog, said. He was speaking at a webinar organised by Research and Information System for Developing Countries (RIS) and NITI Aayog on ‘National Consultation on Issues Before the UN Food Systems Summit’.

The event was held in the backdrop of the UN announcing that a Food Systems Summit (FSS) will be held in September 2021 in conjunction with the UN General Assembly. This Summit has assumed wider significance in the context of ongoing COVID-19 pandemic which exposed the fragilities in global food systems and their vulnerabilities to external shocks. Prime Minister Narendra Modi is expected to deliver his address during the summit. The 2021 FSS event has outlined five cross-cutting Action Tracks such as: Ensuring Access to Safe and Nutritious Food; Shift towards Healthy and Sustainable Consumption Patterns; Boosting Nature Positive Production at Sufficient Scale; Advancing Equitable Livelihoods; and Building Resilience to Vulnerabilities, Shocks and Stresses.

In his valedictory address, Jayant Sinha, Member of Parliament and Chairperson, Parliamentary Standing Committee on Finance drew upon contemporary challenges of agriculture livelihoods, and the emerging transformative changes and new institutional mechanisms in India for value creation through modern food processing system, with equal emphasis on sustainable food ecosystem. He duly stressed on the importance of access to markets and investments in this sector.

Speaking on the occasion, Professor Sachin Chaturvedi, Director-General, RIS, said given the food security concerns of the developing world, India has volunteered for Action Track 4 (that is related to advancing equitable livelihoods). He said the Indian government, through its food security welfare scheme, Pradhan Mantri Garib Kalyan Anna Yojana, reached out to the masses including the migrant labour and ensured their food security during the COVID-19 pandemic.

Experts at the meeting spoke about the inequities being perpetrated in the global agriculture system with developed countries trying to formalise their first mover advantage in the World Trade Organization negotiations by not agreeing to reducing their trade distorting subsidies, and instead have not only brought in non-tariff barriers in the form of sanitary and phytosanitary or SPS measures but are also putting pressure on the developing countries to cut tariffs. Mr. Pawan Kumar Agarwal, Special Secretary (Logistics), Ministry of Commerce and Industry, though trade issues were only a small subset of the UN food systems discussions, they should be now highlighted from the perspective of hunger, safety and livelihood. There is also a need to advance the work on revisiting global and regional arrangements of food safety so that they are looked at from the objectives of the UN FSS, he said. The webinar addressed various issues related to ‘livelihood security and impli cations for trade in agriculture’ and ‘equitable access to technology for sustainable food systems.’

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India opposes rich world’s efforts to hoard Covid vaccines; seeks support for its proposal at WTO on its efforts to get TRIPS waiver to vaccines

New Delhi also called for greater support to its proposal along with South Africa at the World Trade Organisation to waive the implementation, application and enforcement of certain sections of the TRIPS Agreement (Agreement on Trade-Related Aspects of IPRs) ‘in relation to prevention, containment or treatment of Covid-19 until widespread vaccination is in place globally, and the majority of the world’s population has developed immunity’.

Tarun Nangia

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India on Friday vehemently opposed ‘vaccine nationalism’ – or the attempts by some developed countries to hoard vaccines and not sharing them or the related Intellectual Property Rights (IPR) with a view to maximise profits from not just COVID-related vaccines, but also from therapeutics and diagnostics.

New Delhi also called for greater support to its proposal along with South Africa at the World Trade Organization (WTO) to waive the implementation, application and enforcement of certain Sections of the TRIPS Agreement (Agreement on Trade-Related Aspects of IPRs) ‘in relation to prevention, containment or treatment of COVID-19 until widespread vaccination is in place globally, and the majority of the world’s population has developed immunity’.

Sanjay Bhattacharyya, India’s BRICS Sherpa and Secretary (Consular, Passport and Visa and Overseas Indian Affairs), Ministry of External Affairs, expressed serious concern over ‘vaccine nationalism’ and said India and South Africa have repeatedly asked WTO members, especially from the developed world, to agree to provide IPR waivers to ensure that the developing world was able to access the vaccines. Shri Bhattacharyya said India has helped the global community by delivering 64 million doses of vaccines to more than 80 countries, and has shown the willingness and capability to shoulder greater responsibility to not only be the ‘pharmacy of world’, but also be a reliable provider of medicines and healthcare worldwide. He was delivering the inaugural address at the two-day BRICS Civil Forum 2021 held in a virtual format and organised by the think-tank RIS. The official also called for reforms of multilateral bodies including the UN, IMF, World Bank and the WTO so that they can respond better to global challenges including pandemics, digital divide, climate change and terrorism.

In his keynote address, Shri P. Harish, India’s BRICS Sous Sherpa and Additional Secretary (ER), Ministry of External Affairs, said the multilateral bodies have not lived up to the expectations, adding that the edifice of the international system has been weakened and undermined. He said BRICS countries should work to strengthen the international governance architecture and enhance the capacity of WHO, IMF, World Bank and the WTO to make it more inclusive, representative and democratic by enhancing the participation of developing countries to effectively address various challenges confronting the world today.

Professor Sachin Chaturvedi, Director-General, RIS, said the priorities for BRICS during the year include ‘reformed multilateralism’, ‘technological and digital solutions for Sustainable Development Goals’, ‘enhancing people-to-people cooperation’ and ‘counter terrorism cooperation’. Dr. Mohan Kumar, Chairman, RIS, said there was a need to study how the BRICS countries have reacted to the COVID-19 pandemic including sharing best practices, adding that it would be useful to look at the strengths and weaknesses of BRICS countries in this regard to be better prepared for future global health crisis-like events. He said the BRICS bloc must also cooperate on finding common solutions to address the widening inequalities within the BRICS countries, especially following the pandemic outbreak.

Dr. Victoria Panova, Managing Director, Russian National Committee on BRICS Research and Vice President for International Relations, Far Eastern Federal University, Russia, presented the report of BRICS Civil Forum 2020, and mentioned about initiatives including BRICS vaccine research centre and a program to stimulate green investments.

Amb. Pavel Knyazev, Russia’s BRICS Sous-Sherpa, said the COVID-19 pandemic has provided opportunities for BRICS countries to not only consolidate their efforts so far but also to collaborate for a better future. Amb. Ben Joubert, South Africa’s BRICS Sous-Sherpa, said BRICS countries need to address the common challenges of poverty, inequality and unemployment, and push the development agenda in various international fora. Amb. Amar Sinha, Distinguished Fellow, RIS also spoke on the occasion.

BRICS has shown resolve through the creation of new financial mechanisms under the BRICS, viz. the New Development Bank and the Contingent Reserve Arrangement. Arguably, organisational and decision-making parameters in these institutions are more democratic than that of the Brettonwood institutions. Similarly, BRICS needs to lend stronger voice towards reviving the WTO and retaining its development centrality.

The event had sessions including on ‘reformed multilateralism’, ‘development finance and global public goods’ and ‘pandemic response, partnership and role of civil society’. India assumed the BRICS Chairship in 2021, at a time when BRICS is celebrating its 15th anniversary. Under the theme “BRICS@15: Intra-BRICS Cooperation”, India’s approach is focused on strengthening collaboration through “Continuity, Consolidation and Consensus”.

The ten themes for BRICS Civil Forum 2021 include reformed multilateralism; development finance and global public goods; pandemic response, partnership and role of Civil Society; quality of economic growth and inclusion; wellness, health and traditional systems of medicines; BRICS economies and women participation; future of education and skills – new paradigms of learning in BRICS; ‘entitlements to entrepreneurship – role of technology’; people’s participation in sustainability – BRICS Experience; and dialogue on society and peace building. RIS is planning to organise a series of events on thematic dialogues, starting with the Curtain Raiser on 16-17 April 2021 and ending with the final event in July 2021. (ENDS).

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Making it happen: INDCOSERVE

Most INDCOSERVE tea factories present a ‘bombed’ look thanks to the complete run down and dilapidated status of the mechanical, civil and electrical infrastructure.

Anil Swarup

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This was 2017. A discussion in one of the Committee Rooms of the Parliament House was underway. I was present as Secretary, School Education and Literacy. As it was inter-departmental discussion, there were Ministers and officers of the other Ministries as well. What is etched in my memory is the poise of the then Director General, Doordarshan. I was impressed with her lucid articulation and presentation. I discovered later what wonderful work she was doing in rebuilding the credibility of Doordarshan and in restoring its primacy.

INDCOSERVE was set up in 1965 by the government of Tamil Nadu with the objective of providing livelihood opportunities to small tea farmers in the Nilgiris. It had been empowering its farmer members with access to information, training and marketing thereby laying a strong foundation for a brighter future in true spirit of the co-operative movement. INDCOSERVE has emerged as India’s largest Tea Co-operative Federation with more than 30,000 small tea farmers as its members manufacturing about 14 million kilograms of tea in its 16 tea factories.

Like most Government organizations, INDCOSERVE lacked a futuristic vision. It was Supriya Sahu, an IAS officer who had turned around Doordarshan as its DG who formulated futuristic vision for INDCOSERVE based on the inherent potential of the organization and the inputs from our most important stakeholders viz. the farmers.

To keep INDCOSERVE future ready and to bring it back in competition with other well established tea brands intensive field visits to connect with the farmers were organised. The idea was to listen to their wisdom and experience, gather and analyse data and study market intelligence. At the end of the exercise, it was found that the first and the most critical intervention had to be “Quality”. Mission Quality was thus born.

As no internal professional support was available, the first task was to get a qualified professional and dynamic team to support initiatives and interventions that were to be take in coming months. An Advisor was brought in to lead the charge. A quality management team, Tea leaf price fixation team, Tea Auction base price fixation team and Marketing and Brand building team were put in place with representation from farmers heading Factory Boards.

A Quality Management Team was also put in place which designed Standard Operating Protocols (SOPs) and implemented them. Training, capacity building, setting benchmarks, feedback mechanism were integrated in the Mission Quality. An internal quality certification protocol for identifying and rewarding factories making good quality teas was also evolved. This led to competition among the factories each one vying for better grading. Better grades were linked with an incentive mechanism wherein more teas were bought from better graded factories and less from others. This brought improved resources to those who were making better quality teas. This had the desired impact

Most INDCOSERVE tea factories present a “bombed” look thanks to the complete run down and dilapidated status of the mechanical, civil and electrical infrastructure. INDCOSERVE Tea factories were looked down upon as typical “Sarkari” factories. The factories were also stigmatised as ones churning out bad quality teas year after year.

It was important to create a model which would break the stereotypical image of factories. The idea was to inspire the farmers about their own enterprise and create an easily replicable model. All resources were galvanized and tea factory at Kattabettu was renovated. The factory was completely transformed and more importantly painted with beautiful images of the local people, flora and fauna. Local Non-Governmental Organization (NGO) to helped completely restore the environment around the factory. A nature walk was created. An Eco-information centre has been set up within the factory to spread awareness about eco restoration activities and ecology of the Nilgiris Bio-sphere reserve. All this brought a sea change in people’s perception. An upgradation and modernisation plan for factories was prepared. This got funding support from the government of Tamil Nadu and NABARD.

As a key communication strategy, a weekly open house for farmers was started. Personal letter was written by Supriya to all 30,000 farmers seeking suggestions from them to strengthen their own organisation. An appeal was also made to them to give good quality leaf only and help transform the organisation. This was transformational. Now, a farmers Application viz., “Indco App” has been launched to make this communication digital.

Visits were organized to private tea factories to make them realise how private factories were able to keep their factories cleaner, more hygienic and well maintained with even less resources. They also learnt about packaging and marketing These visits inspired them and instilled confidence.

The pricing mechanism for green tea leaves supplied by farmers was also improved. It was important to break the vicious cycle of supply of bad quality of leaves leading to bad quality of teas manufactured in Indco factories. A calculated risk was taken in announcing better prices for the raw material being supplied by farmers. These initiatives helped INDCOSERVE improve profitability due to better utilisation of the capacity.

The product portfolio was confined only to 3 tea products which were in old style packaging and were also only dust grades. This has now been expanded to 11 products. Each of these is well packaged in attractive brand names. In the pipeline are niche products coming for the first time in the market like the Nilgiri Kahwa Tea. The organization now has State of the Art e-commerce website www.indcoserve.com.

INDCOSERVE is the largest supplier of teas in the Public Distribution System (PDS) of the Government of Tamil Nadu wherein about 2500 tonnes of tea is being supplied every year to about 30,000 ration shops.

Most of the factories were making losses as there had not been much focus on exploring newer markets. Their complete dependence only on one auction platform i.e., Teaserve made them vulnerable to market volatility. Hence, other auction platforms were used. This initiative helped earn better price for teas and has also exposed them to buyers from across the country.

Indco Tea Houses are being opened across the State to market teas to a wide range of tea lovers. Mobile Tea and food trucks, called Tea-Vandi are providing a unique experience to tourists and locals. Five vehicles are already operating and 20 more vehicles are joining the fleet in the coming few months.

Fairtrade and Trustea Certification for Indcoserve factories have now been obtained. This would be a game changer as these reputed certifications would now help charge a premium on teas and would also help export teas to most EU and American markets.

Consequent to the efforts put in by Supriya and her wonderful team, sales turnover has increased by 180% from Rs. 136.00 crores in 2019-20 to Rs.240.00 crores in 2020-21. Farmers’ income has increased by 160% from Rs. 12 per kg of green tea leaf during 2019-20 to Rs. 19 per kg during 2020-21. Average selling price of bulk teas has gone up from Rs. 66 to Rs. 103

The lady officer from Doordarshan, Supriya Sahu had the “door drishti” (vision) and she could make-it-happen despite very challenging set of circumstances. She could do it on account of her vision, meticulous planning, passionate execution and by taking all the stakeholders into confidence.

Anil Swarup has served as the head of the Project Monitoring Group, which is currently under the Prime Minister’s Offic. He has also served as Secretary, Ministry of Coal and Secretary, Ministry of School Education.

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Policy & Politics

Stop squabbling, save people’s lives

Fear and anxiety rule the roost but fighting the pandemic with courage is the only option.

Vijay Darda

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In the turbulent times of Covid-19, there is an acute shortage of everything. There are no beds, no oxygen, no ventilators, no medicines for treating the ever surging number of Covid-19 patients. Such a scary situation doesn’t warrant the luxury of indulging in political squabbling. There should be no blame game. The time is crucial for saving human lives. And saving lives is also in our hands to a great extent. If you are using a single mask, start using a double mask and if you have not used it, put it on immediately. Follow the guidelines. Help the government. Cooperate with the government because the government is doing what it can, but it cannot do more than this. Today every person needs to become a ‘chowkidar’.

Of course, the blame game that is going on is not in anyone’s interests. States are blaming the Centre and the Centre is blaming the states. This blame game must get over fast. We all are Indians. All of us are children of Mother India. Neither BJP nor Congress and not any other party for that matter can be greater than the nation. Everything belongs to Mother India. This is not the time to practise discrimination.

None of us had ever imagined such a difficult and sordid time in our dreams. We were told that when the epidemic like Spanish influenza and plague had spread, several villages were wiped out in many parts of the world. And today, we are seeing loved ones struggling for life. My Lokmat family is very large. Everyday news comes from my HR department that Mr so-and-so is gone or Mr XYZ is gone. This is happening every day. Similar news is coming from every part of the country. If biggies in top positions are not able to get beds, imagine the condition of the common man? The rich and powerful who have oodles of money have left the country for treatment abroad. Many have taken shelter in Maldives and Dubai. Some people have gone to the hill stations but then this kind of system is suited for a handful of super rich people. They don’t represent the bigger picture of the country. The common man who is the soul of the country is struggling with horrific tragedy.

It is good that Prime Minister Narendra Modi appealed to the seers and finally the Kumbh Mela concluded. Actually, this mega event should not have been allowed in the first place. Better late than never! It is estimated that about 49 lakh devotees have taken a dip in Kumbh. Thousands of devotees along with hundreds of sadhus also got infected with coronavirus. Two prominent saints lost their lives too. Now imagine if thousands of people reach different parts of the country by becoming carriers, how many will be infected? After all, it affects the administration. People who work in administration are also human beings. That is why I am saying that we should cooperate with the government. It is necessary to follow all the protocols of Covid with complete restraint and discipline, otherwise the situation will get worse. Just remember how a hue and cry was raised about the Tablighi Jamaat in the beginning of the coronavirus pandemic! Remember that small sparks cause deep wounds. It is our responsibility to keep this country intact. Massive political rallies are being organised in many states where elections are going on and the Election Commission should ban them immediately. If the Election Commission is not able to prevent these rallies, the Supreme Court should take cognisance and stop them. These rallies and gatherings are just corona bombs!

As of now, the government is leaving no stone unturned to stop the spread of corona infection. There is a steady increase in the number of beds for corona patients in the country, but the question is, from where to bring doctors, nurses and paramedical staff? Certainly, lakhs of families have lost someone or the other. Hence it is but natural that people should get annoyed with the system, but we have to understand that this is not the time to fight with the doctors. It is time to boost their morale. The kind of spirit that doctors, nurses and paramedical staff have shown in the turbulent and uncertain times is commendable indeed. Doctors cannot be held responsible if there is a shortage of beds or lack of oxygen. What is the fault of the doctors? Do not forget that they are humans too.

Let me remind you that the first wave of coronavirus was fiercely confronted by India through lockdown and earlier in the year it seemed that we were winning. This bred complacency and subsequent negligence made the people to start organising weddings and celebrations which provided a fertile ground for coronavirus to flourish. It turned the tables! Taking a lesson from the first wave, the government also had to make arrangements like the US or Europe did, but we displayed utmost negligence. Today we are suffering its adverse effects. Even now, if possible, we can prevent future losses. Our ancestors had seen a worse time but they managed to get out of it. The cholera epidemic that began in Bengal in 1816, along with lakhs of Indians, also swallowed 10,000 British soldiers. Nearly 1.70 crore Indians were killed in the Spanish flu that spread in 1918.

At that time, the population of India was less than 32 crore. Science was not so advanced at that time, so deaths occurred more and it took a long time to get a vaccine. This time, many vaccines have become available in less than a year to fight the coronavirus. But don’t expect the coronavirus to end with just the vaccine! It will still take a long time for everyone in the country to get the vaccine. Even after taking both doses of the vaccine, it is not clear whether the vaccine will have to be taken every year or every six month. Therefore, avoiding corona is the best option.

We are witnessing how people are stressed, fearful and worried. Covid-19 scare is taking an emotional toll too. The resurgence of the virus has caused public anxiety. But this does not mean that we lose courage. Bear in mind that we can defeat this deadly virus only with the weapons of restraint, discipline, courage and alertness!

The author is the chairman, Editorial Board of Lokmat Media and former member of Rajya Sabha.

On one hand, the patients are running from pillar to post in search of medicines and hospitals with beds, oxygen and ventilators, and on the other, a disgusting round of accusations and counter accusations continues. The squabbling and blame game should end now! And yes, you too should follow the Covid-appropriate guidelines and support the government efforts. For, the government is doing everything it can, but don’t expect it to give you more than what it is dispensing now.

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Policy & Politics

NO COUNTRY FOR WOMEN: WHY BEING A WOMAN IS NOT AN EASY TASK IN INDIA

Anushka

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A decade since the gang-rape and murder of a student on a bus shocked India, state spending to combat violence against women and girls is just not adequate. A fund named after the 23-year-old woman who was raped and killed in 2012 is low on resources and under-utilised, found the “Towards Violence Free Lives For Women” report, noting that a rape takes place every 15 minutes in the country of 1.3 billion. During the coronavirus pandemic, Indian women have suffered increased violence, job losses and taken on more unpaid carework. Many women, who have been forced to stay at home due to lockdown measures, have been cut off from support services and have suffered at the hands of abusive partners. Indian government set up the Nirbhaya Fund to “enhance the safety and security of women” after the bus gang rape spotlighted India’s appalling record on gender-based crimes, but gender justice has still not been met. Shakti Mills rape case I’d like to put more light on, On 22 August 2013, less than a year after the furore that followed the gang rape in Delhi, and after the Verma Committee report led to a change in the rape law, a twenty-two-year-old photojournalist and her colleague were accosted by a group of men when they went to take pictures of an abandoned textile mill in Central Mumbai, a stone’s throw away from a busy railway station. The woman was gang-raped while her colleague was beaten up. Luckily for her, even though traumatized—the rapists filmed the act—she had her wits about her. After the rapists walked with her and her colleague to the nearby Mahalakshmi railway station, where they issued dire threats that if they were to report the incident to the police, the videos of the rape would be released on social media, the woman decided to go immediately to the nearest hospital to get a medical examination. Changes in the law after 2013 established that any hospital, private or public, would have to attend to a rape survivor, report to the police and conduct a medical examination. Earlier, only public hospitals could do this. The fact that she was a journalist, that her seniors came immediately to her aid as did other journalists, helped ensure that the police did not delay in moving on the case. The issue that I’m very much concerned about here is that we have been time and again ensured that government and other administrative organs are taking full responsibility for the safety of the women of this country? But where is this safe environment we are talking about, practically is it even existing?

These incidents that I have further talked about will it make it explicitly clear as to why I believe there’s no safety that can be assured to a woman in India and it is absolutely not easy to be a woman in our country anymore. The recent news that has made all of us go cold has taken place in the National Capital itself, 26-year-old woman was stabbed to death by her husband, 40, at a crowded market place in Delhi’s Rohini area on Saturday (April 10) on the suspicion of her having an affair with another person. The man also threatened people as some passers by tried to intervene in the matter and save the woman. The woman was seen lying on a road’s side in a pool of blood. Her husband tried to escape from the spot with the blood stained knife in his hand, but was chased by police. This man had the audacity to stab her 25 times with a knife that too in broad daylight and the more unfortunate and darker side of it is although people were witnessing the incident, nobody came forward to help the woman rather people have been seen recording the entire incident, this brings us to a very simple question, “Is humanity absolutely dead in our country? Is there any mercy left for the girls and women of this country?”. Talking about the awareness amongst the citizens of our country to take a stand in support for the victim, the condition is very pathetic. Where even the media which is eventually called the fourth pillar of democracy is showing no mercy on the victim, what can we expect from the normal public. With reference to this I’d like to mention about a case where worse still, a reporter from some newspaper climbed sixteen floors of a private hospital, where the woman was being treated, to try and get into her room to interview her. She was stopped by the police guarding the floor. What was the necessity of this kind of intrusion into the survivor’s privacy? This has been the tragedy of the Indian media in the twenty-first century. It fails repeatedly to be sensitive to the problems that rape survivors face after they have been sexually assaulted and brutalized. The story of what happens after a rape exposes the fault lines in the implementation of laws and in the working of our criminal justice system. In the Shakti Mills case, the survivor was an informed young woman who also had some support. And yet, what she faced in the process was traumatic. Multiply this account thousands of times over, and you get a sense of the horror that poor and marginalized women go through.

Talking about the very recent case in Jharkhand, The Steel City of Jamshedpur was shook by the recent incident that took place in the area called Kadma where a man killed his wife, his two daughters and their tuition teacher who happens to be a female. From the initial probe it was found that all four were killed with an iron dumbbell. The children we just 11 and 15 years, What could be the reason behind this gruesome brutality? If a woman is not even safe in her own house, where is she expected to go? What is she expected to do if the predator turns out to be someone so close to her, the husband itself? Just as levels of violence against women have risen, lockdowns and other movement restrictions have made it more difficult for survivors to report abuse and seek help.

Talking about the rape culture in India, women are being treated as objects, being beaten up, killed on the roads, being raped, gang raped and what not. To go back to one of the events that happened last year, On September 14, 2020 a 19-year-old Dalit (formerly “Untouchable”) woman was tortured and allegedly gang raped by four upper caste men in Hathras district in the north Indian state of Uttar Pradesh. Her body was severely brutalized; her tongue was torn, limbs fractured, and spinal cord damaged. The woman succumbed to her injuries in a hospital in New Delhi a fortnight later. As shocking as the bestiality of the rapists is the abject failure or rather, the reluctance of the Uttar Pradesh police to follow due process. Apparently, police accused the woman of lying, refused to register a rape complaint, and delayed taking the victim to a hospital for treatment. A police official even claimed that no rape took place as semen was not found on the victim’s body. Apparently in a bid to destroy evidence, the victim’s body was swiftly cremated in the dead of the night by the police. Family members were neither allowed to see her body nor to be present at the cremation. Sexual violence against women is pervasive in India. These figures are likely to be just the tip of the iceberg. Only a fraction of women who are raped file a complaint. Most victims prefer to remain silent because of the social stigma attached to rape. It is not uncommon for the victim to be blamed or for aspersions to be cast on her character. A single mother who was gang-raped in Kolkata in 2012 was stigmatized as a sex worker. On December 16, 2012 a woman was gang-raped in a moving bus in Delhi. The rapists penetrated her with an iron rod, rupturing her intestines. The gruesome violence she was subjected to did not stop people from asking why she was out at night with her boyfriend. Did she invite the sexual assault? Why are questions always posed on the woman or the girl as to what was she wearing when she was raped, what caste is she, with whom was she at that time, why was she out so late at night and what not. Also silencing of victims or witnesses is not uncommon should a victim or her family dare to pursue justice through the courts. A woman who was raped at Unnao in 2018 was burned alive by five men, including her rapists, a year later as she made her way to a court hearing.

Women aren’t safe in India. Pick up a newspaper or randomly switch to any news channel on your television set, there is a good chance you’ll come across yet another case of sexual harassment of a woman, a minor or even an infant. In such times, you expect the people in power to take crucial steps towards women safety or at the least be sensitive while speaking about the horrifying cases that surface every day. Instead, they end up justifying the sexual harassment with their bizarre and clueless explanations while some simply choose to blame the victim. The kind of remarks these so called politicians make on the victim are even more shameful, Days after the victim of the Hathras gang rape passed away, Surendra Singh, a legislator of the ruling Bharatiya Janata Party in the Uttar Pradesh state assembly, said that “such incidents [like rape] can be stopped only with sanskar” adding that “it’s the duty of all mothers and fathers to imbibe good values in their daughters and bring them up in cultured environments.” This isn’t the first time a politician has made a foot-in-the-mouth statement. Sexist, misogynist, and insensitive statements go hand in hand with some politicians in our country. It is this mindset that needs to go, Putting the onus on women to prevent sexual violence is not just absurd but dangerous.

“Will you marry her?” asked the Chief Justice of India to a man who is accused of repeatedly raping a minor. The accused stalked the victim on her way to school, gagged and tied her whilst he raped her, threatened to throw acid on her face if she spoke up and continued to rape her several times thereafter. The facts only came to light when she tried to commit suicide and her mother stopped her. She and her mother tried to file a police complaint, but the mother of the accused stopped them promising her son would marry her when she turned 18. It is shocking that the Chief Justice would think it appropriate to offer marriage as a solution to the horrific criminal behaviour without even considering the rights of the girl. However, this is symptomatic of a deeper malaise in the system when men in power continue to impose suffocating rules and policies, pronounce misogynistic and sexist statements, totally ignoring the rights of women, treating them as objects. The idea that one needs to marry one’s rapist as though that justifies the act and is the right solution is atrocious. The idea that one needs to register oneself at the police station so that one’s movements can be tracked for one’s safety is equivalent to being voluntarily surveilled and there is no backing down from there on. In a way, we are being asked to give up our rights with regards to freedom of choice and movement in return for protection. What if we choose not to register ourselves or marry a rapist? Does it mean that the State has no responsibility to ensure our safety? Does it mean that we will be blamed should we get trolled, attacked, stalked, assaulted and raped? Curtailing a girl or woman’s freedom in any way, warning girls and women to not go out alone or to dress and behave in a culturally appropriate, male-mandated way cannot prevent sexual violence. Rather, we need to din into boys and men that aggression is not masculinity and being macho is not “cool.” It is only by tackling misogynistic mindsets among men and women and dismantling the patriarchal aspects of the sanskar that some people uphold that sexual violence can be tackled.

Changes in the law after 2013 established that any hospital, private or public, would have to attend to a rape survivor, report to the police, and conduct a medical examination. Earlier, only public hospitals were allowed to do this.

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Policy & Politics

ROHINGYA DEPORTATION & THE CITIZENSHIP AMENDMENT ACT: ‘ALIENS’ MUST ENTER INDIA LEGALLY

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At the beginning of the year gone by, and before the coronavirus scourge had engulfed the entire globe, our nation was within the grasp of a powerful and exacting movement against the amendments introduced by way of the Citizenship (Amendment) Act, 2019. Without delving into the details of the same, the opposition was principled around the fact that special citizenship provisions were made available specifically to Hindu, Sikh, Buddhist, Jain, Parsi and Christian communities from the neighbouring Muslim-majority countries of Afghanistan, Bangladesh, and Pakistan to the explicit exclusion of those belonging to the Muslim community.

To the layman, the above amendment would seem an exercise in discrimination, inequality, arbitrariness and absurdity. However, as had been contended last year in an earlier written piece, the doctrinal approach centred around the ‘right to equality’ under Article 14 coupled with the ‘right to life and personal liberty’ under Article 21 of the Constitution of India would be of no avail to those who find themselves on the anvil of exclusion under the amendment of 2019. No doubt, the dual protection vide Articles 14 and 21 preserves the rights therein to citizens and non-citizens alike. However, a mere cursory glance through Part-III, i.e. the chapter on ‘fundamental rights’, would make it manifest that the Indian Constitution very clearly bestows certain additional rights and liberties unto its citizens to the explicit and unambiguous exclusion of aliens and/or those who’ve entered the sovereign territory of India in an illegal manner.

As had been argued earlier, only the Union Parliament is given powers to make laws unto ‘foreign jurisdiction’, ‘citizenship, naturalisation and aliens’, ‘extradition’ and ‘admission into and emigration and expulsion from India’. Irrespective of the guarantees of equal protection to citizens and non-citizens alike vide Articles 14 and 21, the same has to be tempered in consonance with Article 19 which is exclusively applicable to Indian citizens; incidentally the Supreme Court of India, per its recent order in Mohammad Salimullah and Anr. versus Union of India and Ors, tends to agree with the above proposition.

Succinctly put, the Apex Court has essentially laid out three crucial propositions; (1) India’s obligations and respect for international treaties/covenants/conventions ought not be in conflict with any contrarian position appearing under its municipal laws, i.e. laws enacted by the Indian legislature, (2) the rights emanating from Article 14 and 21 are undoubtedly available to all ‘persons’, i.e. non-citizens and citizens alike, and (3) rights ancillary and concomitant to Article 19, despite touching upon protections guaranteed under Articles 14 and 21, must be adjudged on the anvil of Article 19(1) read-with Article 19(2).

Therefore as the law stands concerning the troika of rights under Articles 14, 19 and 21, it emerges that ‘aliens must enter India legally’ if they wish to seek protection of rights at par with citizens under Article 19 and evidently thus the debility unto non-citizens renders any such requisitions vis-à-vis equality and equal protection untenable.

Hence, what flows thereof, and rightly so in the opinion of the authors, the Apex Court’s ruling provides more than a glimpse into the way the highest court of the land may end up dealing with the challenge to the amendment of 2019. Questions of morality and ethicality apart, the 2019 amendment is of little or no concern to Indian citizens for at the end of the day all who entered the sovereign territory of India prior to the cut-off date outlined therein are deemed to have done so illegally and without authority of law. Thus, for all such aliens, be they of any faith, there exists no guarantee whatsoever ‘to move freely throughout the territory of India’ or ‘to reside and settle in any part of the territory of India’.

Out of this group of illegals, and undoubtedly done so in an artificial manner, the amendment of 2019 bestows additional rights at par with citizens, upon a particular group of people who are not practising a particular faith; in that sense their continued presence inside the Indian territory (be it in any part thereof) is no longer deemed to be illegal and they enjoy the trinity of rights guaranteed vide Articles 14, 19 and 21 in its entirety.

Now consider the case of those who’ve been denied this special and artificial conferment, not only were they illegals at the time of entering Indian territory, they continue to remains so for not being covered under the amended umbrella. This would not only lead to an explicit denial of rights under Article 19, it also means that any argument resting on equal treatment/protection thereof shall surely fall through for illegals/non-citizens can never be placed on the same mantel as those who have specifically been included and recognised as part of the citizenry. Deportation, therefore, of illegals is not protected unless statutorily provided and protected in a specific and explicit manner. Inescapably, any remedy, if at all, against the 2019 amendment is a political one for the Apex Court is most unlikely to render it inoperable.

In conclusion, one must pay heed to the scheme of our Constitution and the deliberate manner in which the framers defined ‘Citizenship’ under Part-II beforehand venturing into laying out the ‘Fundamental Rights’ vide Part-III. A conjunctive reading of both parts would lead to the peerless conclusion that certain rights were very deliberately reserved for Indian citizens and concomitantly very deliberately denied to aliens. In fact, the conscious decision-making of the framers becomes apparent by way of the wordings of Article 11 (Part-II) which in a non-obstante manner gives power to Parliament ‘to make any provision with respect to the acquisition and termination of citizenship and all other matters relating to citizenship.’

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