insights ias mains test - 2018 test - 4 synopsys 1. in the ... · example: goonjhas worked flood...

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Insights IAS Mains Test - 2018 Test - 4 Synopsys

1. In the development process Civil society complements and supplements the state. However, its capacity and role depends upon the will of the state. In the light of the above statement critically examine state -civil society relationship in India.

According to World Bank ,The term civil society to refer to the wide array of non-governmental and not-for-profit organizations that have a presence in public life, expressing the interests and valuesof their members or others, based on ethical, cultural, political, scientific, religious orphilanthropic considerations.

Example : NGOs,Labor unions , charitable organizations

In the development process Civil society complements and supplements the state in the following ways:

In a large developing country like India, there are numerous gaps left by the government in the development process. These are the gaps that civil societies try to fill in modern India.

(a) Education : Civil societies play a significant role in spreading literacy, providing necessary infrastructure and aiding government in policy making by providing various data.

Ex: The ASER report is being published by a NGO called Pratham

2. Mid day meal programme implementation by the Akshaya Patra Foundation.

(b) Health :- The main tasks of civil societies in the health system are providing services and health advocacy.

Example: Smile Foundation works for the welfare of children, their families and the community through various Programs,

(c) Disaster Management: Civil societies play a major role in Disaster Management by complementing national initiatives on resilience building, by localisation of Sendai Frameworkcomplementing national initiatives on resilience building, by localisation of Sendai Framework

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for Disaster Risk Reduction (SFDRR) and evolving a common humanitarian-development architecture.

Example: Goonj has worked flood relief, "Flood Overcome Programme on 2013 Uttarakhand floods

(d) Transparency and Accountability: Civil societies play a major role in bringing transparency and ensuring accountability in government schemes and programs.

Example: The MKSS was the first in the country to pioneer social audits. The MKSS played a pioneering role in getting the Right to Information (RTI) law passed in India.

(e) Awareness creation: number of NGO’s like Childline India Foundation, World Vision, Arambh India have played important role in raising awareness on child sexual abuse

(f) Environmental protection: In the last 20 years, a very large number of NGOs in India have been active in the area of environmental protection.

(g) Labour and Peasant welfare:

Example: Indian National Trade Union Congress and Farmer Producer Organizations

Overall the civil society’s functional contribution to good governance could be: (can be used inEssay as well)

* Watchdog — against violation of human rights and governing deficiencies.

* Advocate — of the weaker sections’ point of view.

* Agitator — on behalf of aggrieved citizens.

* Educator — of citizens on their rights, entitlements and responsibilities and the government about the pulse of the people.

* Service provider — to areas and people not reached by official efforts or as government’s agent.

* Mobiliser — of public opinion for or against a programme or policy.

Civil society acts through ‘social capital’— the capacity of people to act together willingly in their common long-term interest.

However, capacity and role of civil societies depends upon the will of the state due to the following reasons



1. Extent of State Funding

2. Engaging civil societies in Policy formulation and implementation

3. Reasonable restrictions

2. Trace the evolution SC/ST Act in post independence India. How far it has been effective in providing social justice to the marginalized? Also critically comment upon the recent Supreme Court verdict on the Act. Do you think there is need to review the verdict in the light of country wide protest?

For a successful revolution, it is not enough that there is discontent. What is required is a profound and thorough conviction of the justice, necessity, and importance of political and social rights. — Dr. B. R. Ambedkar

SC and STs are the most marginalized sections of Indian society. Many atrocities have been committed against them since time immemorial.

Article 15 and 17 of the Constitution of India specifically protect against discrimination on the basis of caste and race and abolish Untouchability as a practice.

However, 8 years after independence, there was still a need felt for a specific Act of law to address the practice of Untouchability and this was established as the Untouchability Offences Act 1955 which was later amended to Protection of Civil Rights Act 1977. These crimes included specific acts of humiliation, harassment, and dehumanization.

The efforts of Dalit and Adivasi activists and the representative of government culminated in the Parliament passing ‘Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act’, 1989 & Rules, 1995.

The SC/ST PoA act also demands some stringent standards are set for investigating complaints filed by members of the SC and ST community. These include:

1. THOROUGH INVESTIGATION

The investigating officers should be police officers not below the rank of Deputy Superintendent of Police with experience and ability to investigate such cases

2. NON-BAILABLE

Anticipatory bail is never to be made available to persons accused of offences under the Act



3. SPECIAL COURTS

Where required Special Courts are to be set up to them to ensure speedy trial

4. OFFICIAL ACCOUNTABILITY

Neglect of official duties of public servants under the Act is deemed punishable.

5. FINANCIAL ASSISTANCE

Financial assistance and provision of relief and rehabilitation is to be mandatorily provided to victims.

The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015 added New offences such as garlanding with footwear, compelling to dispose or carry human or animal carcasses, or do manual scavenging, abusing SCs or STs by caste name in public etc

Under the earlier Act, a court of Session at the district level is deemed a Special Court

● Amendment specifies that an Exclusive Special Court and exclusive SpecialPublic Prosecutor must be provided at the district level

● Special courts must be established where offences are less in number● cases should be disposed of within two months

In providing social justice to the marginalised, the above acts showed mixed results.

Positives:

1. Reduction in the number of atrocity cases against SC/ST community2. Increased awareness among the members of SC/ST community regarding their rights

which has increased their confidence and self esteem3. Fear among the people with casteist mindset

Negatives:

1. Low conviction rate:As per 2016 NCRB data, cases of atrocities against SC and ST disposed by the courts in 2016 says that there is only a 25.7conviction rate for SCs and only a 20.8 conviction rate for STs

2. Victims experience dismissal at the police stations3. Special courts are not prioritized4. Cases are not solved within the 30-day limit5. Some people had misuse the law as a tool to settle personal scores and harass innocent

people.6. Atrocities of various forms are still prevalent in the society such as Cow vigilantism,

honour killing, manual scavenging, social boycott etc

Recent Supreme Court Verdict on the ActRecent Supreme Court Verdict on the Act



According to the ruling in the case Subhash Kashinath Mahajan vs The State of Maharashtra, agovernment officer could now be arrested only after approval from the appointing authority. For others, the senior superintendent of police would have to give approval.

Guideline were provided by the Supreme court to prevent the misuse of the act

● Preliminary inquiry at the level of DSP is required to verify the authenticity of the case before registering FIR.

● A person can be released on anticipatory bail unless a prima facie case of crimes or atrocities is made out.

Positives of the Judgements:

1. The judgement was intended to “avoid false implication of an innocent person”.

2. The judgement tries to ensure the liberty of the accused is not taken away without due procedure.

3. There are instances of misuse of the act by SC/STs, especially against public officials.This has lead to many bogus cases under PoA act. This claim has been validated by Parliamentary Standing Committee report, which has sought an inbuiltprovision in the PoA act to safeguard those who are falsely accused.

Concerns over the Judgement

1. Many experts alleged that the judgement has failed to consider socio cultural realities of caste atrocities.

2. The judgement didn’t give any statistical pieces of evidence but relied on several HighCourt judgements

3. The high rate of acquittals can be attributed to inefficiencies in the police investigation, legal hurdles and judicial delays

4. In Lalita Kumari vs Government of Uttar Pradesh, the Supreme Court directed that prompt registration of FIR is mandatory under Section 154 of the Cr.P.C. if the information discloses commission of a cognisable offence and no preliminary enquiry is permissible in such a situation. However, Mahajan judgement ignores this precedent.

5. Report of the National Commission for Scheduled Castes for 2015-16 states that therehas been an increase in the number of incidence of atrocities but a decrease in conviction rates.

6. With the perceived upward mobility of SCs, there has been a growing demand among dominant and upper castes to dilute PoA act

There is a need to revisit the Supreme court judgement after the countrywide protest. It is better to direct the government to amend the existing law with wider consideration and deliberationsThere is a need to revisit the Supreme court judgement after the countrywide protest. It is better to direct the government to amend the existing law with wider consideration and deliberations



which can ensure social justice to the marginalized section as well as safeguarding the innocent from being implicated.

3. Lateral entry of experts into the civil service is set to energize Indian administration, but it can create problems of accountability. In thelight of the statement, discuss the possible advantages and disadvantages of the proposal.

Lateral entry refers to induction of a person into bureaucracy who's not a career bureaucrat.

It was recommended by the 2nd Administrative Reform Commission, high level committeesappointed by different governments and a plethora of think tanks.

The second ARC report points out that it is both possible and desirable to incorporate elements of a position-based system where lateral entry and specialization are common. These are not entirely new in India.

Domain experts have been brought in from outside the services to head various committees, advisory bodies and organizations. Nandan Nilekani, Montek Singh Ahluwalia, Vijay Kelkar, Arvind Subramanian and Raghuram Rajan are all cases in point.

Both the Niti Aayog and the Planning Commission before it have allowed for lateral entry. And some states such as Jharkhand are now experimenting with it as well.

Recently, instructions have come from the Prime Minister’s Office to prepare a broad outline of modalities for selecting private individuals for appointment in the ranks of deputy secretary, director and joint secretary.

The move was in response to a central government staffing policy paper where the DoPT had indicated a huge shortage of officers in the middle management level.

Though lateral entry of experts into the civil service is set to energize Indian administration, but it can create problems of accountability due to following reasons

1. They are not bound by the Central Civil Services (Conduct) Rules, 1964

2. They have been recruited on contract basis for the period of three years extendable upto five years.

3. There can be alleged political favouritism due to the nature of recruitment.

Advantages of Lateral entry



(a) Shortfall in numbers:

There is an overall 20% shortfall of IAS cadre officers alone in 24 state cadres. The Baswan Committee (2016) has shown how large states such as Bihar, Madhya Pradesh and Rajasthan have a deficit of 75 to over 100 officers.

Lateral induction is, therefore, a small step towards essential housekeeping in central government staffing and ought to be supported.

(b) Target oriented:

Outside talent from the private sector is more likely to be target-oriented, which will improve the performance of the government. Also, more competition will encourage career civil servants to develop expertise in areas of their choice.

( c) Improved governance: The conventional wisdom on lateral entry is that it infuses fresh energy and thinking into an insular, complacent and often archaic bureaucracy. It enables the entry of right-minded professionals and the adoption of best practices for improving governance.

(d) Specialization:

Lateral induction helps in getting people with specialization in the required field and technology.

(e) Central Deputation: There is an unwillingness among officers of the state to undertakeCentre deputation

Disadvantages:

(a) Disturbed balance:

The proposal for lateral entry at senior decision-making levels, besides increasing the disconnect between policy making and implementation, will also result in inequitable sharing of thebenefits and burdens of government service, with permanent civil servants left for implementation and lateral entrants getting access to policy making position.

(b) Previous experiences: While there may be exceptions, the experience of inducting private-sector managers to run public-sector enterprises is not particularly satisfactory.

Example: Previous experiences from Air India, Indian Airlines and Vayudoot proved to be failures.

(c) Deters the available talent: The best talent can be attracted only if there is reasonable assurance of reaching top level managerial positions.

(d) Discontent among the government personnel: Large-scale lateral induction would, in fact, amount to a vote of no-confidence in the government personnel management system,

among government personnel: Largefact, amount to a vote of no-confidence in the government personnel management system,



rather than in the highly dedicated, motivated and talented officers who have chosen to join the civil services.

(e) Difficulty in assessing performance: The difficulty in measuring performance in government is another obstacle to be reckoned with. It would be as difficult to measure the performance of lateral entrants as it would of career civil servants.

(f) Lack of exposure to socio- cultural realities: The exposure and sensitivity to the country’s complex socio-political milieu and to the needs of the common man, which widespread field experience provides to these Services, may not be available in the private sector since the private sector does not have the same width and depth of exposure to this type of fieldexperience

(g) Little impact on field level implementation. Lateral entry only at top level policy making positions may have little impact on field level implementation, given the multiple links in the chain of command from the Union Government to a rural village.

Internal reforms—such as insulation from political pressure and career paths linked to specialization—and external reforms such as lateral entry are complementary, addressing the same deficiencies from different angles.

4. India has the world's largest nutrition programme but still was ranked lowly 100th in the Global Hunger Index.What are the causes for this poor performance. Suggest improvements both institutional and policy wise so that situation can be improved.

The Global Hunger Index (GHI) is designed to comprehensively measure and track hunger globally and by country and region. The International Food Policy Research Institute (IFPRI) calculates GHI scores each year to assess progress and setbacks in combating hunger. GHI Methodology

GHI scores are based on four indicators:

● UNDERNOURISHMENT: the share of the population that is undernourished (that is, whose caloric intake is insufficient);

● CHILD WASTING: the share of children under the age of five who are wasted (that is,who have low weight for their height, reflecting acute under nutrition);

● CHILD STUNTING: the share of children under the age of five who are stunted (that is, who have low height for their age, reflecting chronic under nutrition); and

● CHILD MORTALITY: the mortality rate of children under the age of five (in part, areflection of the fatal mix of inadequate nutrition and unhealthy environments)



Data on above indicators are mainly obtained from UN agencies such as FAO, UNICEF, WHOand World Bank.

Some of the data which can be useful elsewhere

In India, data for 2015-16(NFHS - 4) show the following:

● 38 percent of children below five years (urban: 31%, rural: 41%) are stunted (low height for age);

● 21 percent (urban: 20%, rural: 22%) are wasted (low weight for height);● 36 percent (urban: 29%, rural: 38%) are underweight (low weight for age);● 2 percent were overweight in 2006 (above normal weight for height); and● 58 percent of children aged between 6 and 59 months (urban: 56%, rural: 59%) are

anaemic.

Malnutrition in children under-five also results in nearly half of the 1.3 million deaths occurring in the country each year.

India has the world's largest nutrition programme but still was ranked lowly 100th in the GlobalHunger Index.

Reasons for the India’s poor performance:

Malnutrition is an ecological problem that does not occur alone. It accompanies poverty, disturbed family structure, ignorance and despair.

(a) Poverty:

Because of low purchasing power, poor cannot afford to buy desired amount and desired quality of food for the family. This adversely affects their capacity for physical work and they earn less. Thus starts a vicious cycle of poverty, under nutrition, diminished work capacity, low earning and poverty

(b) Feeding habits

Lack of awareness of nutritional qualities of food, irrational beliefs about food, inappropriate child rearing and feeding habits all lead to undernutrition in the family.

(c) Infections

Infections like malaria and measles or recurrent attacks of diarrhoea may precipitate acute malnutrition and aggravate the existing nutritional deficit.

(d) Socio-cultural factors



● Inequitable distribution of food in the family. In most of the poor households, women and preschool children especially girls receive less food than the economically active male members

● Large families and Rapid succession of pregnancies adversely affects thenutritional status of the mother. As she tries to manage the big family she may neglect her own health and antenatal check ups during pregnancy.

● Poor quality of housing, sanitation and water supply: These contribute to illhealth and infections thus Contributing to malnutrition.

● Inadequate maternal and child care- Improving the primary health centres and other health care services in the rural areas will definitely improve the nutrition profile of women and children

(e) Physio-graphical Causes: Due to geographical diversity and regional imbalance in terms of resources, certain regions in the country lack availability of certain nutrients or food items.

(f) Governance and Policy Failures: Ineffective implementation of policies and failed targets of the five year plans and delayed focus on malnutrition has caused significant harm to the Indian population’s nutritional needs.

(g) Cultural and Gender Causes: Traditional family’s economic costs incurred with respect to gender roles and cultural links are also responsible for these micronutrient deficiencies.

(i) Other Causes: The lack of knowledge of appropriate dietary practices and high incidence of infectious diseases are other key factors apart from lack of access to a variety of foods.

Some of the steps taken by Indian Government :(can be used elsewhere)

● In mid-2016, the Group of Secretaries on “Education & Health – Universal Access and Quality”, identified Fortification of food items like salt, edible oil, milk, wheat and rice with iron, folic acid, Vitamin-D and Vitamin-A, with a timeline of 3 years as one of the measures to address the issue of malnutrition in the country.

● The Integrated Child Development Services (ICDS) scheme was launched in1975. ICDS is one of the world’s largest and most unique outreach programme for early childhood care and development and covers all the districts and blocks in the country.

● Mid- Day Meal Scheme was universalized in 1995.● The Government is working on close Monitoring of the Nutrition programmes by

digitisation of the Anganwadis.● Under Swachh Bharat Mission, constructing toilets and providing clean drinking

water are being taken up by the Government on a war footing to provide clean living conditions and good health to one and all.

● In 2013, government passed the food security bill entitling 5 kg foodgrain/person/month at highly subsidised rates. Fortification of food items especially those being distributed through the PDS is also being taken up to address the issue of malnutrition in the country.malnutrition in the country.



● Government has taken steps for rice fortification in all parts of the country to deal with nutritional deficiency among the women and children, with IIT-Kharagpur.

Suggestion for the improvements in institutional and policy wise to curbmalnutrition :

(a) Improved health care system

A good healthcare system that provides immunization, oral rehydration, periodic deworming, early diagnosis and proper treatment of common illnesses can go a long way in preventing malnutrition in the society.

(b) Nutrition education

People can be educated on

● The nutritional quality of common foods● Importance and nutritional quality of various locally available and culturally accepted

low cost foods● Importance of exclusive breastfeeding for six months and continuing to breastfeed up to

two years or beyond.● Damage caused by irrational beliefs and cultural practices of feeding

(c) Early detection of malnutrition and intervention



● The longer the developmental delays remain uncorrected, the greater the chance of permanent effects and hence intervention must occur during pregnancy and first three years of life.

● A well recorded growth chart can detect malnutrition very early. Velocity of growth ismore important than the actual weight at a given time

(d) Nutrition supplementation

Usually, biologically vulnerable groups like pregnant women, infants, preschool going and school going children are targeted by various welfare measures conducted by the government. Calories, proteins and micronutrients like iron, vitamin A and zinc can be supplemented.

(e) Direct Policy Measures:

● Expand the safety net through ICDS to cover all vulnerable groups (children, adolescent girls, mothers, expectant women)

● Fortify essential foods with appropriate nutrients (e.g., salt with iodine and/or iron)● Popularise low cost nutritious food● Control micro-nutrient deficiencies amongst vulnerable groups

(f) Indirect Policy Measures:

● Ensure food security through increased production of food grains● Improve dietary pattern by promoting production and increasing per capita availability

of nutritionally rich food● Effecting income transfers (improve purchasing power of landless, rural and urban poor;

expand and improve public distribution system)

Apart from the above mentioned benefits, institutional reforms such as strengthening PDS system, effective implementation of direct benefit transfer, improving last mile connectivity etc need to be taken care of.

Article 47 of the Constitution states that it is “duty of the state to raise the level of nutrition and the standard of living and to improve public health”.

Sustainable Development Goals (SDG) Goal 2 aims to “End hunger, achieve food security and improved nutrition, and promote sustainable agriculture.”

Nutrition is the very foundation of human development, it imparts immunity and reduces morbidity, mortality and disability. Nutrition promotes lifelong learning capacities and enhances productivity.

5. With the growing burden of NCDs in India, there has been concern regarding deficit in public health to meet the new challenge. How far

5. With the growing burden of NCDs in India, there has been concern regarding deficit in public health to meet the new challenge. How far



NITI Aayog's proposal of allowing private players to use District Hospital infrastructure under PPP model is going to bridge the deficit. Critically examine the proposal.

An NCD is a medical condition or disease which is non-infectious and non-transmissible among people. The most common NCDs are diabetes, respiratory diseases, cancer and cardiovascular diseases which account for 82% of all NCD deaths worldwide. In India, 53% of deaths take place due to NCDs. Studies show India as the leading country in premature death due to NCDs resulting in "highest loss in potentially productive years of life".

Ex: Deaths due to diabetes in India doubled in 20 years from 1990 to 2010. The International Diabetes Federation estimates that about 33% of diabetes are undiagnosed. ICMR INDIAB has pegged the number of pre-diabetics and diabetics at 139.6 million.

In India, 40 per cent of all hospital stays and 35% of OPD visits are due to NCDs. The economic burden of NCDs is tremendous. EPIC model followed by WHO estimates a staggering $4.58 trillion loss to India from 2012 to 2030 due to NCDs.

But India’s total expenditure on health is below 4 percent of the GDP while the government expenditure is below 1.3 percent of GDP. Given the shortage of infrastructure and human resources, 72% of the rural population and 79% of those living in urban areas have sought access to healthcare in the private sector. According to WHO the ratio of available doctor to population ratio is 1/1598.

In this light NITI Aayog and the Union health ministry have put forward a public private partnership (PPP) model for the management of NCDs in tier 2 and 3 cities across the country, with the World Bank serving as a technical partner.

But there are some concerns over the privatisation:

1) Affordability● The profit motive of the private healthcare providers excludes large number of people in

our country are still under abject poverty with no financial reserves for sickness. We need the provision of free healthcare for them.Ex: In the states of Mizoram, Sikkim and Goa, the bulk of care – which includes primary care – is provided by the public system since the private one is not strong or overbearing.

● Under the proposal, there is to be no free treatment or separate beds in privatised district hospitals for those who are not covered by government health schemes. State governments are required to direct ill people from community health centres and primary health centres for higher treatment to these privatised hospitals to ensure customers. But patients without government health insurance will not get free treatmentcustomers. But patients without government health insurance will not get free treatment



beyond primary and community health centres.

2) Sharpening inequity in access to healthcare services : Private providers will concentrate on better-off districts, leaving the poor and remote districts for the public sector to manage. This will further weaken the ability of public hospitals to attract and retain trained doctors and other health workers.

3) Need of community based careThere evidence to show that mere hospital-based care for NCDs leads to only half of people continuing their treatment with the others dropping out. This can be remedied only through community-based programmes for these chronic illnesses. The private healthcare systems would be structurally incompetent to do this.

4) Presence of lack of regulation of private health care providers and the protest that follows any efforts to bring them under regulation.Ex: Karnataka private medical establishment regulations amendments debate were construed as a draconian measure by the protesting private providers, though the major objection was regarding price caps of medical procedures.

5) There is a debate over moralistic position of the public systems being regulators of private healthcare systems despite being poorly-regulated themselves, and their posturing as predominant care providers to people at large.

6) The recent failures of the private providers in and around Delhi either providing care of unacceptable quality rises question on the ability of private healthcare providers to provide quality services.

7) The NITI Aayog’s proposal involves the handing over of public assets to for-profit companies, and represents a clear abdication of duty by the government when welfare state is the basic structure of constitution.

Additionally outsourcing of hospital care to private providers inevitably becomes increasingly unsustainable over time as they ratchet up demands on reimbursements and fees. And privatisation will hinder the development of the strong public health care system.

And there are evidences of PPP model being failed in the state of Karnataka. There were two models

● Rajiv Gandhi Super-Speciality hospital (RGSSH) in Raichur, Karnataka, for tertiary care● PPP model with NGO Karuna Trust and the state government to manage primary health

centres and provide rural healthcare delivery

All this calls for the active role for the public health system and hence the government. It is not from past performance but from a moral stand, as well as from the fact there is no alternativeAll this calls for the active role for the public health system and hence the government. It is not from past performance but from a moral stand, as well as from the fact there is no alternative



situation to having strong public systems that the privatisation needs to be cautious. There are success stories of public health, in diverse settings such as the U.K., France, Cuba, Thailand and Sri Lanka from which India can learn from

6. RTI was a path breaking legislation which heralded an era of transparent governance. However, its potential is still unrealized. Examine the challenges in it's implementation. Do you think problem lies more with attitude and mindset of power holders rather than the institutional set up? Suggest ways to bring appropriate and desirable change in the attitude of government.

Right to Information Act was hailed as a major step towards a strengthening democracy. This law empowered Indian citizens to seek information from Public Authorities, thus making the Government and its functionaries more accountable and responsible. And the following features prove that it has been able to deliver for what it was made –

● FIGHT CORRUPTION: Its ability to fight corruption has significantly increased its holdin India. Ex: 2g scam was brought to light via RTI

● ENSURED TRANSPARENCY: The enactment of this act ensured transparency in the bureaucratic systems.

● FIGHTS FOR RIGHTS: It has increased its position as a major incharge for the fight ofrights of the people.

Right to Information Act of India is world’s most extensively used transparency legislation. But despite a decade of functionality, this act hasn’t been able to achieve the goals. Many surveys and studies have shown that unfriendly attitude of public Information officer (PIO) and lack of their behavioral training has been sighted as major roadblock in the RTI act implementation.

Having said so it’s not solely the attitude of the power holders but the other issues that forbid it’s implementation.

1. Demand side1) Low public awareness about the act and also the procedure of filing the application

has made the RTI to be used by small group of people.2) Pressure on RTI Activists – Almost 375 incidences of attacks on citizens have been

recorded who sought information about corruption or wrongdoings in various public authorities. This makes people to fearful and restrain from using RTI.

3) Poor quality of information provided : During the information seeker survey, it was also highlighted than more than 75% of the citizens are dissatisfied with the quality of information being provided. The challenge here is to set standard for the quality of information provided.

2. Supply side2. Supply side



1) Complex Process of appeal – The procedure that in followed in courts is highly unsuited for appeals under RTI. But recent proposed amendments like written submission to public authority and attach evidences, would make this process more troublesome.

2) Constraints faced in filing applications : Under Section 6 of the RTI Act, PIOs are required to provide reasonable assistance to the applicant in drafting and submission of the application. But there are persisting issues like

● Non-availability of User Guides for RTI implementation for information seekers● No standard forms for RTI application● Inconvenient submission channels for RTI application

These have forbid the filing of RTI applications. Challenge here lies in addressing these constraints and also ensuring the homogeneity across states.

3) Lack of personnel – With increasing number of RTI pleas, seekers are not able to gain timely information due to lack of personnel. Along with this it has been found that many PIOs are inadequately trained and has low awareness of key SC judgements.

4) Obsolete record management Guidelines : the current rules pertaining to record management only cater to categorisation of records based on time period for storage before destruction. In most states, record keeping procedures have not been revised for decades. Most significantly the practice of cataloguing, indexing and orderly storage is absent, which is critical for quick-turnaround in case of information request under RTI Act. Even when records are stored, retrieval of intelligible information is a challenge.

5) Non-availability of basic Infrastructure such as photocopier machines at each Public Authority and basic level of automation such as necessary applications and connectivity.

6) Limited use of IT: The use of Information Technology in acceptance or delivery of RTI applications is minimal in the Public Authorities. Isolated IT solutions have been developed by a few Departments independently but these systems are just restricted to tracking the status of RTI applications.

7) Frequent sighting of official secret act and resort to section 8 of the RTI to refuse to provide information has defeated the very purpose of the act.

The following changes can be enforced● STRUCTURAL STRENGTHENING: More staff needs to be recruited to ensure that

timely answers are given to RTI applicants.● TIME BOUND IMPLEMENTATION: The implementation of measures should be time

bound to ensure success of the project. So far there has been great enhancement in transparency in public spheres but there are few structural changes which are needed to make this act milestone in good governance in India.

● PERIODIC TRAINING: The PIOs needs to be sensitized towards the spirit of the act and given behavioral training to mould their attitude.

● SUO MOTO disclosure of the information by the public authorities



In addition Centre/State Government is to facilitate the Public Authorities in implementation of the Act via integration of ICT, generating awareness amongst citizens, issuance of supporting rules/orders to the Public Authorities etc. The role of the Information Commission has to go beyond the Hearing of the appeals.

RTI is a pathbreaking reform whose efficacy is yet to be realised in India.

7. What is the organisational structure and mandate of UN Human Rights Council. How far politicization of the body has impacted it's performance.

The UN Human Rights Council was established in 2006 to replace the UN Commission onHuman Rights is an inter-governmental body within the United Nations system made up of47 States responsible for the promotion and protection of all human rights around theglobe. The organisational structure of the UNHRC is as follows

1) Membership:● The HRC’s 47 seats are divided between the five official UN regions in the following way:

Africa (13); Asia (13); Latin America and the Caribbean (8); Western Europe and Other (7); Eastern Europe (6). The US (and Australia) is in the Western Europe and Other Group, known as WEOG.

● One-third of the council is elected each year by the UN General Assembly, and membersserve three-year terms. No member may serve more than two consecutive terms. A member can also be suspended from the council in a vote of two-thirds of the UN General AssemblyEx: Libya was suspended in 2011 after Muammar Gaddafi’s crackdown on Arab Spring protesters and armed dissidents. No other member has been suspended.

2) Sessions:The HRC meets three times a year for a total of around ten weeks. It also meets for one-day special sessions at the initiative of one-third of its members. It has so far held 28 special sessions.

3) President and bureau of council:The bureau consists of five people - one president and four Vice-presidents - representing the five regional groups. They serve for a year, in accordance with the Council's annual cycle and are responsible for the implementation of the decisions and policies of council

Along with this there are subsidiary bodies that directly report to the UNHRC. Ex: UniversalPeriodic Review Working Group

The mandate of HRC can be seen in the following ways-The mandate of HRC can be seen in the following ways-



1. To promote a universal awareness about human rights2. To encourage investigation into human rights violation across the world3. To further encourage discussion of human rights on mainstream organisations such as the security council and the general assembly4. To promote human rights education and learning

Reasons for the Politicisation of UNHRC1. UNHRC of focusing disproportionately on the Israeli–Palestinian conflict, and many allege an anti-Israel bias the Council has resolved more resolutions condemning Israel than the rest of the world combined.2. The world's most inhumane regimes continue to escape scrutiny and the council continues politicising and scape-goating of countries with positive human rights records in an attempt to distract from the abusers and their ranks.Example: Sudan despite being its Sudan's President Omar Al-Bashir was indicted for genocideby the International Criminal Court were nominated in 20123. UNHRC had been strongly criticised for allowing countries with poor human rights records to be members.Example : Pakistan ,Saudi Arabia.4. The Council's creates the watchdog's list to appoint special investigators for countries whose human rights records are of particular concern. A Council meeting in Geneva in 2007 caused controversy after Cuba and Belarus, both accused of abuses, were removed from a list.

Impact of politicisation on working of UNHRC :1. The United States has withdrawn from the United Nations Human Rights Council accusing it of a "chronic bias against Israel", a move that activists warned would make advancing human rights globally even more difficult.2. Politicisation has led to “selectivity”, “bias”, “unfairness”. Israel is an occupying power but so are China, Turkey, and Morocco among others, all of whom ought to be scrutinised.3. The Council has become the basin where Security Council members wash their hands of responsibility for gross human rights violations.4. Politicisation leads to lack of trust and credibility on commission its reports like so many others will make little practical impact.5. The dominant political bloc is the Organisation of Islamic Co-operation (OIC), whose member states span four of the five regional groups and may also count on support from large numbers of those states’ regional allies at the body thus creating barriers on unbiased action on some of Islamic nations across the world.6. The Council’s programme of work is vastly overloaded. Days are filled with serial monologues, but little real discussion.7. Resolutions at councils are negotiated with minimal substantive examination of the issues at play. They are often repetitive and make little real contribution to human rights law and practice.8. It occasionally prioritises pet projects over common concerns and fails to follow through on the implementation of its own decisions and recommendations as its decisions are not binding.8. It occasionally prioritises pet projects over common concerns and fails to follow through on the implementation of its own decisions and recommendations as its decisions are not binding.



Some of the reform measures :1. Rather than overtly focusing on one issue like Israel UNHRC should look into violations across the world in a unbiased, transparent and non politicalised way.2. More attention must be given to preventing human rights violations generally. Early attention to Burundi in 2015 was a step in that direction, but more steps are needed.3. Members and observers would also do well to be more forward looking on thematic issues. For example: biotechnology, the administration of justice.4. The application of sophisticated algorithms in policing and efforts to develop general artificial intelligence all have significant human rights implications.5. The Council now holds inter-session panel discussions The periods between Council sessions could be used for sustained efforts to achieve more durable outcomes on challenging issues.6. The periods between Council sessions could be used for sustained efforts to achieve more durable outcomes on challenging issues.7. The Council could also contribute to addressing some human rights issues more effectively by launching less politicised and more practical exchanges in other fora.Example : HRC’s momentous resolution on combating intolerance on the basis of religion gave rise to the Istanbul Process,

Countries frequently act according to national and regional political objectives rather than an idealistic stance on human rights which has Politicised the Human Rights Council. The countries must now start acting responsibly for strengthening the promotion and protection of human rights around the globe and for addressing situations of human rights violations thematically.

8. How will US decision to walk out from Iran nuclear deal will impact the world? What would be likely impact on India's strategic and commercial interests? Examine.

US President Trump’s decision to walk out of Iran nuclear deal or Joint Comprehensive Plan of Action (JCPOA) on USA’s concerns over Iran's ballistic missile program , funding of Iranian Revolutionary Guard Corps Hezbollah and other terrorist groups which pose a threat to USA’s strategic and security interests.The global impact of such move are as follows

1) Nuclear disarmament process :● Iran’s retaliatory steps such as incrementally ramping up its nuclear

program, or, in an extreme case withdrawing from the JCPOA or even the Non-proliferation Treaty.

● Thwart the peace process with North Korea, which may develop doubtsover USA’s compliance of its commitment towards the North Korea and its development.its development.



2) Escalation of proxy war :

● Proxy war between Israel Palestine, Syria and Yemen could escalate and further destabilize the region and the imbalance of Iran- Saudi- Israel powers.

● This will create a breeding ground for radicalization, an opportunity forthe terrorist groups such as ISIS, Hezbollah and houthi to spread influence.

● An opportunity for the spread of nuclear fissile material to terroristorganization.

● This will increase the immigration issue and create famine in these areas.

3) Economic impact

● Increase in oil prices which have impact mainly on developing countries like India etc.

● The sanctions imposed by the US government will restrict financialtransactions made by the banks with the Iranian agencies which will reduce The trade and investment opportunity for countries like EU, India and for their companies

● Both will slow down the global economic recovery from the 2008 crisis.

4)Geopolitical impact

● China will be the biggest beneficiary which had earlier too (previous sanctions) maintained the economic relation had benefits of low cost oil imports; expand its Belt and Road initiative.

● Iran will move further close to Russia to increase its political outreachand expand its trade.

● Most will turn away from Iran instead of risking painful U.S. penalties where the larger economic interest lies, which will reinstall the US hegemony and a move towards unipolar world and away from rule based order and multilateral consensus.

5) Impact on Iran:

● The economic recovery of Iran will impacted which will increase unemployment, poverty and hence overall development of the country.

● Will not sit on negotiating table again in future because on adherence ofthe peace treaties and this could be followed by other countries also.

The impact of these sanctions on India are



1) Strategic interests

● Iran will move more closer to china and Pakistan with affects India’s national interests.● The support for Kashmir issue for India in The Organisation of Islamic Cooperation

(OIC) will also be affected which was till now opposed by Iran.● India’s pledge to invest $500 million for the development of port and its connectivity to

Afghanistan will be affected.● India’s ambitious project The International North–South Transport Corridor (INSTC)

which was initiated in 2002 , will again be postponed for completion and hence affect the Connect central Asia policy to increase connectivity with the central Asia and Eurasia

● The strategic importance of the port to counter the influence of China ‘s string of pearlswill be affected

● The oil routes will again have high piracy activities which now could have been avoided with Iranian influence and presence of Indian navy at Chabahar port.

● India will move more closely to Saudi Arabia and Israel and hence alter the diplomaticbalance maintained by India towards Iran Israel and Saudi.

● India’s inability to protect the national interests and hence a question on claim to become a superpower and its ability to get a permanent seat in UNSC

2) Commercial interests

● Oil dependency : Iran is today 3rd largest oil supplier to India , if the sanctions come into effect , then it will affect the oil import diversity and dependence on Saudi

● Affect the Forex reserve : An oil price which has breached $80 hasalready increased the CAD and will also affect the Forex reserve as more Dollars have to be spent to purchase oil and also the reduced use on Rupee on Iranian imports. This will also cause inflation and slow down the recovery of Indian economy from the disruption caused by demonetization and implementation of GST.

● Affects the Make in India :The future trade and investment done byIndian companies which mainly exports automobiles, tools, chemicals toIran and hence affects the Make in India campaign.

3) Terrorism

● India’s effort to counter the influence of terrorism in Afghanistan will be affected along with this the sectarian conflict will also increase terrorist and radicalization activities in India especially in Kashmir region.

● India’s effort of Isolate Pakistan, to reduce terrorist activities will befailure without the support of Iran.

The efforts of USA to impose unilateral sanctions against the interests of the world should be opposed at all diplomatic levels and establish a rule based order which will protect the interests of the world including India.opposed at all diplomatic levels and establish a rule based order which will protect the interests of the world including India.



9. What do you understand by trade wars? How will US -china trade wars impact India. Suggest ways to mitigate these impacts.

A trade war is when a nation imposes tariffs or quotas on imports and foreign countries retaliate with similar forms of trade protectionism.Example : In the case of the European Union, Canada and Mexico, the U.S. has levied tariffs of25 percent on steel and 10 percent on aluminum. Each nation responded with tariffs on billions worth of US dollars.

Reasons for USA- china trade war :

1. Trade deficit : U.S. politicians have long threatened a trade war with America's largest trading partner China in goods. A trade deficit occurs when exports are less than imports. US through increased tariff wants to reduce the trade deficit by $200 billion by 2020.

2. Policy of protectionism : Protectionism represents government actions and policies that restrict international trade, generally with the intent of protecting local businesses and jobs from foreign competition.Ex: In 2017 and 2018, President Donald Trump has embarked on a protectionist campaign, attempting to bring manufacturing jobs back to the United States from other nations like China and India.

3. Political motive : Trump regime had embarked on a campaign to convince that foreigners and their exports are to blame for economic problems of US.Thus such policy of protectionism is a appeal to the politics of nationalism China’s desire to maintain a strong presence in the face of heightened rhetoric from the U.S. on trade issues .

4. Future of tech companies : China subsidizes the 10 industries prioritized in its "Made inChina 2025" plan. These include robotics, aerospace, and software. China also plans to be the world's primary artificial intelligence center by 2030.This hurts US monopoly in these fields.

5. Protection of U.S. intellectual property : China requires foreign companies who want to sell products in China to share their trade secrets with Chinese companies. The Trump administration also said it would limit U.S. technology transfers to Chinese companies by levying higher tariff rates.

Its impacts on India



1. Slowdown in output : As imports become more expensive manufacturers will find it increasingly hard to manage their margins and this will force a slowdown in output.

2. Impact on forex reserves : may be adequate to cover just about 9 months of imports. Atrade war will widen the trade deficit, make imports more expensive and reduce the forex cover.

3. High Inflation :When inputs get costlier, it gets imputed into the final cost of manufacture in the form of higher cost of production. That adds to producer inflation.

4. Effect on real rate of growth :inflation moves higher, we could see a sharp fall in the domestic purchasing power and that could further depress the real rate of growth.

5. Increase in repo rates : Inflation expectations are the key to interest rates and as a result the RBI may be constrained to increase the repo rates. we could see a situation where the global bond yields start moving up and the RBI may not have much of a choice except to raise rates sharply to prevent capital outflows.

6. Currency Wars :trade wars tend to degenerate into currency wars. That is because as every country starts imposing higher tariffs on imports, they also try to boost exports by weakeningthe currency.

7. Corporate bankruptcies : The companies will either have to pass on the burden to the customer which may not be possible in most cases or absorb the costs. That will hit the margins.

8. Hampers innovation : Over time, trade wars weaken the protected domestic industry. Without foreign competition, companies within the industry don't need to innovate.

Along with above adverse impacts India can also have some positive impacts like

1. India can become more competitive in segments such as textile, garments and gems and jewellery since India already has an edge as Their prices would be lower by comparison to other markets even after increase in tariff.

2. Goods with competitive advantage to domestic producers would receive more orders from local customers. As their businesses grow they would add jobs.

Ways to mitigate the impact :

1) Emphasis on bilateral free trade : The government has to formulate a backup plan which should include opening bilateral trade with key trading partners to insulate the country from the impacts of protectionist measures. Example : India should look to strengthen trade ties with Iran and African nationswith Iran and African nations



2) Multilateralism of the discussions : The issue of trade war cannot be dealt with at a purely unilateral or bilateral level. As a rising global power, India could play a central role in trade liberalisation. Ex : seeking for new free trade agreements with Mercosur,EU

3) WTO minus America : If the U.S. won’t play ball, they stand ready to put together a “WTO minus America” option, a formula similar to what Japan achieved with the TPP after the U.S. pulled out. India is a firm believer in a rule-based, transparent and participatory trading system and recently it has invited key WTO member countries to discuss ways to reinvigorate the global trading body.

4) Some of the potential protectionist measures under ‘Make India’ to protect nascent home grown industries could overshadow the effects of the government's plan to improve the investment climate thus New Delhi should avoid a potential trade war and enhance economic cooperation specially with Beijing.

5) Though protecting local brands from intense international competition can buy some time for the expansion of home grown industries, such moves will reduce local companies' competitiveness in the long-run and build an inefficient industrial system.Thus India should resist the calls of protectionist measures.

6) Tariff skirmishes between large economies are a matter of concern for global growth.such issues need to be resolved through mutual engagement in the global forum like G20.

7) The international community should make clear that it is prepared to fight for free trade. It should be as united as possible when it comes to invoking international trade rules and exploring concrete possibilitiesEx: The EU would also be well-advised to seek new free trade agreements with China, India or the South American trade bloc, Mercosur

Protectionist policies can succeed in gaining one country a larger slice of the global pie, but they inevitably invite retaliation that results in a substantial shrinking of the global pie, making all countries worse off. Thus India should play a proactive role in defusing the emerging possibilities of a global trade war that can derail the positive outlook in the world trade.

10. The new HIV/AIDS Bill has various significant provisions but may be ineffective when vulnerables are criminals under other laws. Comment.

The UNAIDS Gap Report says there were close to 2.1 million people living with HIV in India till2015. While there had been 68, 000 AIDS related deaths in 2015, 86,000 new people had acquired HIV infections. These statistics show how crucial the HIV Bill becomes for those who suffer from this disease and bear the social stigma attached to it.suffer from this disease and bear the social stigma attached to it.



The bill was significant with it’s significant provisions:1) Treatment as a legal right : The Bill makes antiretroviral therapy a legal right of HIV/AIDS patient and states that “every person in the care and custody of the state shall have right to HIV prevention, testing, treatment and counselling services.”

2) Prohibition of discrimination against HIV positive persons:The Bill defines what can count as discrimination against HIV positive people and people living with it. It lists that denial or discontinuation of employment, education, healthcare services, renting or residing property, standing for public or private office will count as discrimination along with unfair treatment in any of the above mentioned categories.

4) Informed consent and disclosure of HIV status: Considering the taboo around the disease in our country, the Bill states that no person shall have to undergo HIV test or medical treatment without one’s informed consent. An HIV positive person shall have to disclose his HIV status only if required by a court order.

The Bill also prohibits any individual from publishing information or advocating feelings of hatred against HIV positive persons and those living with them.

The Bill also prohibits HIV testing being used as a prerequisite for securing a job, accessing health care or education.

5) Consent and Confidentiality:● The Bill also aims to enhance access to healthcare services by ensuring informed consent

and confidentiality for HIV-related testing, treatment and clinical research.● The Bill suggest that cases relating to HIV positive persons shall be disposed' off by the

court on a priority basis and duly ensuring the confidentiality.

6) Right to Minors :Every HIV infected or affected person below the age of 18 years has the right to reside in a shared household and enjoy the facilities of the household and prohibits people from spreading any hate against them.

7) Guardianship: A person between the age of 12 to 18 years who has sufficient maturity in understanding and managing the affairs of his HIV or AIDS affected family shall be competent to act as a guardian of another sibling below 18 years of age

8) Access to insurance for persons with HIV is an important part of the Bill. Along with the above provisions bill also recommends the central and state governments to :

● Counselling Every person in the care and custody of the State shall have right to HIVprevention, testing, treatment and counseling services.

● Asks the central and state governments to provide such treatment along with along with infection management.

● The Bill also asks the state and central governments to facilitate access for theHIV/AIDS community to welfare schemes.HIV/AIDS community to welfare schemes.



The law can be ineffective when vulnerables are criminals1) Inconsistency between various acts : Criminalizing the behaviour and conduct of

key populations such as men who have sex with men (MSM), transgender people, sex workers and people who inject drugs, drives the people who are most vulnerable to HIV underground and away from health and social services that could protect them as they fear criminal sanctions.For example : the Immoral Trafficking Prevention Act, 1956, that, despite its silence on the legality of sex-workers, is used by law enforcement to criminalize, punish and prosecute female sex workers.

2) Issue under the Supreme court : The LGBT population also faces egregious human rights violations by the State and law enforcement. Supreme Court judgment in Suresh Kumar Koushal v. Naz Foundation sought to reinstate the archaic Section 377 of the IPC, thereby validating the criminalizing treatment of the State towards the LGBTcommunity.

3) Legitimize the discrimination :It also lends legitimacy to discrimination and increases violence as perpetrators are aware that stigmatised populations will hesitate to access justice systems for fear of being prosecuted.

4) Marginalizing or criminalizing the conduct of vulnerable groups not only harms the health and human rights of these individuals but also weakens the wider societal AIDS response. as the stigmatised populations hesitate to interact with policymakers to design

Though the Bill is unique as it is the first disease-centric Bill in India and also gives effect to India’s international obligations as a signatory to the Declaration of Commitment on Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome (2001) adopted by the United Nations General Assembly but how will the Bill have the power when many of the vulnerable don’t have the luxury to express themselves or define their identities and are continued victims of violence and stigma in both public and private spaces.

11. The ongoing crisis in Catalonia region is a salutary reminder to India of what can go wrong when regional grievances are allowed to fester. Comment.

http://www.insightsonindia.com/2017/11/20/3-ongoing-crisis-catalonia-region-salutar y-reminder-india-can-go-wrong-regional-grievances-allowed-fester-comment/

The crisis of Catalonia has exacerbated pre-existing tensions between richer and poorer regions, with certain areas demanding greater fiscal autonomy or changes to taxation policies. Similar situation in the country like India, the crisis has renewed old regional demands for greater political and fiscal autonomy.situation in the country like India, the crisis has renewed old regional demands for greater political and fiscal autonomy.

http://www.insightsonindia.com/2017/11/20/3-ongoing-crisis-catalonia-region-salutar

http://www.insightsonindia.com/2017/11/20/3-ongoing-crisis-catalonia-region-salutar



The Reasons for crisis in Catalonia are:1. Suppression of Catalan culture: identity plays a large role in the debate

surrounding independence. Under the military regime Catalan culture was suppressed. Example: Symbols of Catalan identity such as the castells, or human towers were demolished

2. Disproportionate fiscal transfers: Catalonia, which is one of Spain’s wealthiestregions, offers more financial support to Spain than it receives from the central government in Madrid.

3. Demand for greater autonomy: The push for full autonomy appears to havegathered pace in recent years, most notably since Spain’s 2008 debt crisis. People inCatalonia are demanding for more self-government and autonomy.

4. Use of force- by authorities in place of dialogue to solve the problem.Example: The dictatorship regime of General Francisco Franco took control of region by killing more than 3000 people and forcing many more into exile.

5. Denial of legal recognition by judiciary: Courts have stated that there is nolegal basis for recognizing Catalonia as a nation. Following which, independence appears to have taken preference over reform for a portion of the region’s population.

Regional grievances in India1) Perceived threat to identity: This poses a greater threat due to the diversity of country and can be seen in the movements in different parts of country.Example: North-East secessionist movements, Tamil Nadu and Karnataka on Imposition ofHindi etc.

2) Inter-state and Intra-state economic imbalance: within different regions of states and among different states exist economic imbalance that can lead to problems of separatism.Example : Demand for Telangana ,Karnataka government move to reserve jobs for Kannadigas

3) Disproportionate fiscal transfers : the raising concerns on biased and disproportionate fiscal transfers between the have and have-not states.Example : The concerns raised by chief ministers of southern states recently.

4) Use of Force: The cry on use of force in many of states like Jammu and Kashmir and north eastern states through Armed Forces (Special Powers) Acts (AFSPA ) has fuelled the separatist zeal.

Lessons we can learn from Catalonian crisis and measures needed to address such regional grievances are:



1. India can experience the resentment like Catalonia as India has already faced many armed and secessionist insurgencies.Example: The mix of economic and cultural sources of alienation amongst states is perhapsstrongest in Tamil Nadu, where there exists a pre-existing vein of pan-Tamilian nationalism that may be tapped by vote-getting politicians.

2. Dialogue is the Key: Whether it is with the separatist leaders of Jammu and Kashmir or with that of North east. Dialogue should be preferred over force while suppressing the dissent.

3. Unity in Diversity: The diversity in culture- language, customs, religion etc., should be respected and valued.Example: Karnataka having its own state flag, Initiatives like Ek Bharath Shreshta Bharath.

4. Curbing the regional imbalances: Development disparities within the states should be minimized through infrastructure, employment generation, health and education facilities etc., Article 371, 371(A to J) of the constitution proving special status to such regions, enactment of Panchayats (Extension to Scheduled Areas) Act 1996 etc., are good steps in this regard.

5. A blend of competitive and cooperative federalism: Centre should hand hold the resources cursed states such as BIMARU and North eastern states, while not compromising on the growth.

The Indian federation is not the result of an agreement by the states and no state has the right to secede from the federation. However, The need of the hour is to move away from theover-centralizing tendencies as seen in Catalonia and move towards a model which takes fiscal and policy devolution to the states seriously

12.What do you understand by the rules-based regional security architecture ? Examine how can India and ASEAN be partners in the rules-basedregional security architecture.

http://www.insightsonindia.com/2017/11/17/5-understand-rules-based-regional-securi ty-architecture-examine-can-india-asean-partners-rules-based-regional-security-archite cture/

Faced with growing traditional and non-traditional challenges, security cooperation is a key and an emerging pillar of India – Asean relationship. Rising export of terror, Concerns about freedom of navigation, growing dominance of China define the landscape of common security threats to our societies. India’s partnership with ASEAN seeks to craft a response that is rule based and relies on coordination, cooperation and sharing of experiences at multiple levels.

http://www.insightsonindia.com/2017/11/17/5-understand-rules-based-regional-securi





Rule based regional security architecture:It refers to “an arrangement of regional security where every step taken by any nation

with regard to regional security falls in line with the rules and regulations agreed upon by the member countries through agreements, laws or international organization’s rules and laws” Example: India has been adhering to freedom of navigation and access to resources in the South China Sea in accordance with the 1982 UN Convention on the Law of the Sea.

Importance of Rule based regional security architecture in the Indo pacific region:1) For a free and open Indo-Pacific region: Indo-Pacific region has become the center of global politics and economics. A free, open and Inclusive Indo- pacific region serves the long term interests of all countries in the region. Also, maintaining the sovereignty of individual countries.

2)To contain China’s aggressive expansionist posturing: China's militarization of the South China Sea and its navy’s forward presence in the Eastern Indian Ocean have made countries in the region apprehensive about the scope and scale of China’s strategic ambitions, bringing to fore the need for a new and resilient security order.Example: contention over the ownership of Spratly and Parcel Island with Philippines.

3) Long term stability and growth of the region: Peaceful cooperation and resolution of disputes is essential for stability of the region, which is a prerequisite for growth and development.

4) Energy and resources: Strait of Malacca being a critical choke point of global commerce and Oil India Videsh limited(OVL) exploration in Phu Khanh Basin in Vietnam and few of the oil wells in Philippines.

To attain the rule based security architecture in the region ‘balance of power is the key’. For this India and ASEAN partnership is very critical:

1) Centrality of ‘Act East Policy’: India also assured ASEAN of “steady support towards achieving a rules-based region security architecture that best attests to the region’s interests and it’s peaceful development”.

2) 'Shared Values, Common Destiny': Befitting the theme of India- ASEAN 25th anniversary celebrations, we should jointly address the challenges by intensifying cooperation. Example: Similar security challenges like extremism, terrorism, piracy etc. and need ofco-operation is felt by all.

3) Containment of china: The regional grouping is also in search of a rising power like India, which acts as a counter-veiling force to China and provides an alternative option of trade and security to the Tiger economies and India should stand up to its stature in collaboratingIndia, which acts as a counter veiling force to China and provides an alternative option of trade and security to the Tiger economies and India should stand up to its stature in collaborating



with ASEAN powers.

4) Healthy bilateral ties :The ASEAN has been pushing for a legally binding code of conduct for all stakeholders in the South china sea but Beijing has been opposing such a framework asserting that it will resolve the dispute with respective countries under bilateral mechanism. India having good bilateral relation with most of ASEAN nations can play a pivotal role in resolving the issue.

5) Broad Engagement : India must convince the ASEAN as its strategic partner by boosting domestic economic reform agenda, by enhancing connectivity within the region and by increasing its presence in regional institutions. ASEAN should be clearer and more specific in their demands from Delhi and must adopt a deeper and more broad based engagement with India.

The increased co-operation and strategic engagement between India and ASEAN for a favorable balance of power will ensure regional stability. Balance of power will also help in reducing Chinese economic influence and supremacy in region. It will also complement the other alliances like Indo-Pacific Quadrilateral consisting of India, Japan, US and Australia.


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