SECURE SYNOPSIS: 03 June 2017
NOTE: Please remember that following ‘answers’ are NOT ‘model answers’. They are NOT synopsis too if we go by definition of the term. What we are providing is content that both meets demand of the question and at the same time gives you extra points in the form of background information.
General Studies – 1;
Topic: Post-independence consolidation and reorganization within the country.
The movement which started to protect the farmers of the Naxalbari region of West Bengal in 1967 has turned into the biggest internal security threat of the country. It was mainly led by local tribal and the communist leaders of the so-called “Siliguri group”. They launched the uprising by giving the call for initiation of armed struggle and started seizing land from jotedars (landlords landowners who owned large plots of land in the region).The importance of Naxalbari movement in modern Indian history cannot be ignored due to its cause and types of impacts it has caused on the society as a whole.
The importance of this movement can be explained as:
- Farmer’s cause:
The original purpose of this movement has a very strong morale basis as it gave the voice to one of the most deprived sections of the society. The decade of 60s has many problems linked with farming community and thus at that crucial time it provided platform to put their grievances in front of the society.
- Ideology establishment:
Communism has always been a part of Ideology in country from pro-independence period. The Maoist ideology differs from communism and it has its own character that makes this ideology unique in its type. It boosted the morale of the Maoist force to rise against the injustice being done to them.
- Security challenge for the forces:
One of the main challenge that internal security of the country holds today is the Moist linked insurgency activities. Maoist movement has become increasingly more militarised. The Maoist movement is bent upon overthrowing the Indian state, through a combination of protracted armed struggle, mass mobilisation, and strategic alliances with the oppressed nationalities.
- Challenge of underdevelopment in some areas:
The other dimension of persistent armed rebel by group of people belonging to particular region clearly indicates the underdevelopment that is feeding these activities. It has the given state an opportunity to concentrate more on least and under developed areas in India. It goes against the unity and integrity of India. Naxalists often cause huge loss to the public assets by blocking the roads and by burning state institutions. It has caused huge loss of the life of Indian security personnel and has misled poor Indians.
- Issues of Human rights:
In today’s modern context, the rights are parameters of the level of inclusive development. It further showcased the evils like inequality, poverty and the plight of farmers, trials and aboriginals of India. The movement is taking away precious of trained force soldiers and ignorant followers of the movement in the clashes.
The Naxalbari movement that has got ugly turn through politisation and armed conflicts etc has been the hindrance in the overall development of the country. Government should increase educative and training facilities in the region so that these people can understand the real cause of their backwardness. It can be achieved with good governance, developmental programs, creation of infrastructure etc
General Studies – 2
Topic: Effect of policies and politics of developed and developing countries on India’s interests,
The Paris Agreement or Paris climate accord is an agreement within the United Nations Framework Convention on Climate Change (UNFCCC) dealing with greenhouse gas emissions mitigation, adaptation and finance starting in the year 2020. The agreement was negotiated by representatives of 196 parties at the 21st Conference of the Parties of the UNFCCC in Paris and adopted by consensus in.
The contributions that each individual country should make in order to achieve the worldwide goal are determined by all countries individually and called “nationally determined contributions” (NDCs).
Withdrawal from Agreement
Article 28 of the agreement enables parties to withdraw from the agreement after sending withdrawal notifications to the depositary three years after the agreement goes into force in that country, and the withdrawal is effective one year after the depositary is notified.
In June 2017, U.S. President Donald Trump announced that the United States would withdraw from the agreement. In the agreement no provisions for non-compliance are stated. U.S.’s decision to quit Paris accord is a set back on the part of efforts made to mitigate problem of climate change.
Probable impacts can be:
- Withdrawal of America from Paris Climate Agreement, 2015 is a loss for the rest of the countries in terms of “Global leader” as well as “global investor”.
- The move also nullifies, up to some extent, efforts made by other countries under Paris Agreement to control the ever declining climate condition as America itself is the highest emitter of Greenhouse gases.
- Funding of developing countries and technological support is necessary if this pact has to succeed. Now the burden of funding by the developed countries would increase.
- This action by the US can become a precedent to other countries to neglect their climate action responsibility, especially knowing that protectionist and conservative parties are becoming popular in developed countries.
In such a scenario role of other countries and stakeholders could be –
- Other countries need to make U.S. public sensitive on effects of climate change which in turn could work as pressure on its president to again come back to Paris accord to play their part in mitigation efforts.
- They should try to take advantage of green jobs provided by use of renewable energy this could play a big role to bring U.S.back to the game in future as they will also not want to lose such job opportunities.
- The member countries should form subgroups among themselves on basis of regional proximity, as they can meet more often than the whole member nations, and take steps to curb global warming on their own regional level.
- All the developed or rich nations need to increase their participation in the agreement, boost the investment in developing and poor countries for widespread adoption of green technology. Green investments and technological export from agreement confirming countries should be provided with tax benefits. This would function as economic sanctions on non-confirming states.
- Countries should ink more bilateral and multilateral agreements on climate change to take the leverage of pooling of clean energy technology and relevant resources and thus expanding the supply base and consequently reducing the price of the clean energy and making it popular and affordable to poor countries.
There is should be no return from the terms of the agreement; instead all stakeholders have to strengthen their commitment to climate action.
Topic: mechanisms, laws, institutions and Bodies constituted for the protection and betterment of these vulnerable sections.
Following changes has been done by Maternity Benefit (amendment) act, 2017
- The maximum period for which any woman shall be entitled to maternity leave shall be twenty-six weeks of which not more than eight weeks shall precede the date of her expected delivery.
- The maximum period entitled to maternity benefit by a woman having two or more than two surviving children shall be twelve weeks of which not more than six weeks shall precede the date of her expected delivery.
- Every establishment having fifty or more employees shall have the facility of crèche within such distance as may be prescribed, either separately or along with common facilities.
- All Establishments shall intimate in writing and electronically to every woman at the time of her initial appointment regarding every benefit available under the Act.
- A woman who legally adopts a child below the age of three months or a commissioning mother shall be entitled to maternity benefit for a period of twelve weeks from the date the child is handed over to the adopting mother or the commissioning mother, as the case may be.
As one can see, the above mentioned amendments are highly progressive and cater the needs of working woman in compassionate manner. There are some lacunae as the bill has missed some of the very crucial dimension that should have been included in amendment in order to make it more effective.
The bill has following positive notes on its side:
- By increasing paid maternity leave, the bill tries to improve the financial security of the woman.
- The crèche facility at working places will add to the dignity of woman to the remarkable level.
- Allowing maternity leave to the mother who has adopted children clearly shows the mother as well as child oriented approach the bill holds.
- Employer can permit the women to work from home if the nature of work assigned to her permits her to do so.
Following are the areas where the bill falls short:
- The larger chunk of female workforce ranging from 90 to 97% employed in unorganized sector. This bill does not provide any provision for large number of woman force working in the unorganised sector.
- Amendments ignore the paternity leave which will enforce the patriarchal belief that caring of child is sole responsibility of women. This amendment was an opportunity with government to introduce the concept of paternal leave in country.
- There will be the possibility that Employers will count the lost and simply shun to employee women.
This amendment though progressive in nature, it can be better by inclusion of above mentioned crucial points. The role of working woman in Indian economy is getting prominence and this amendment bill is the right step in the right direction.
Topic: Important aspects of governance, transparency and accountability
4) Preventive detention laws in the country have come to be associated with frequent misuse. Discuss issues arising out of preventive detention and the Supreme Court’s views on this issue. (200 Words)
Details on preventive detention:
Preventive detention, the practice of incarcerating accused individuals before trial on the assumption that their release would not be in the best interest of society—specifically, that they would be likely to commit additional crimes if they were released. Preventive detention is also used when the release of the accused is felt to be detrimental to the state’s ability to carry out its investigation.
Preventive Detention is the most contentious part of the scheme fundamental rights in the Indian constitutions. The Article 22 (3) of the Indian constitution provides that, if a person is arrested or detained under a law providing for preventive detention, then the protection against arrest and detention under Article 22 (1) and 22 (2) shall not be available.
Preventive detention can however be made only on four grounds.
The grounds for Preventive detention are—
- Security of state,
- Maintenance of public order,
- Maintenance of supplies and essential services and Defence
- Foreign affairs or security of India.
Preventive detention is patently undemocratic. Before independence, the British government took recourse to it to suppress nationalist movements. The first Preventive Detention Act during the British rule was Bengal Regulation III of 1918.
Supreme Court thus rightly ruled that using this route to detain a person when ordinary law is available is illegal. It also ruled that just because ordinary law is time consuming, it is not good to take the path of preventive detention which is arbitrary.
Issues with Preventive detention:
- Extended Scope:
The original law has an attempt to cover all possible cases that could arise. But with time, both legislature and executive have extended the scope of preventive detention as a measure against unlawful activities. For instance, to curb the smuggling activities and to protect foreign exchange, the Parliament passes the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974.
- Confusing status:
Finally preventive detention laws may be passed by both the central and the state governments. The union government enacts preventive detention acts when required for defence, foreign affairs or security of India. State governments may pass such laws to maintain public order and to maintain essential supplies and services. This concurrent powers: of the union and the state governments over preventive detention creates a confusing situation.
- Used as an extra constitutional tool:
It has been used as a mean to bypass the normal legal functioning and existing statutory provisions which are lethargic in nature. It has been used as a shield to the cumbersome and time consuming legal process of India.
- Unnecessary long term detention:
Many detained people are in the custody for a long time without any assurance of trial or bail and sometimes the person is detained for a period more than even maximum possible term he would be sentenced once convicted.
- Against Rights:
Preventive detention clearly violates the right to life and personal liberty (article 21). Thus it is a serious matter and the detaining authority should think wisely before taking such step.
To prevent reckless use of Preventive Detention, certain safeguards are provided in the constitution.
- Firstly, a person may be taken to preventive custody only for 3 months at the first instance. If the period of detention is extended beyond 3 months, the case must be referred to an Advisory Board consisting of persons with qualifications for appointment as judges of High Courts. It is implicit, that the period of detention may be extended beyond 3 months, only on approval by the Advisory Board.
- Secondly, the detainee is entitled to know the grounds of his detention. The state however may refuse to divulge the grounds of detention if it is in the public interest to do so. Needless to say, this power conferred on the state leaves scope for arbitrary action on the part of the authorities.
- Thirdly, the detaining authorities must give the detainee earliest opportunities for making representation against the detention. These safeguards are designed to minimize the misuse of preventive detention. It is because of these safeguards that preventive detention, basically a denial of liberty, finds a place on the chapter on fundamental rights. These safeguards are not available to enemy aliens.
To sum up the circumstances around the Preventive Detention laws of the country, it can be said that definitely the intentions of enacting such a law is to prevent the anti-social elements from causing hindrances in the society which might lead to harmful effects on lives of citizens, but these laws have to be applied with utmost care and precaution so as to avoid any controversy. These laws directly affect the fundamental rights and freedoms of people who are guaranteed by the primary source of law in India i.e. the Constitution of India and the complexities arising out of the irresponsible implementation of these laws can consume a lot of time of the judiciary and life of the person so detained.
General Studies – 3
Topic: Various Security forces and agencies and their mandate
A “joint doctrine” providing for deeper operational synergies among the army, navy and air force was unveiled on Tuesday with an aim to coherently deal with all possible security threats facing India including conventional and proxy wars.
Debate over Joint doctrine:
The debate on jointness within the Indian military has been going on for almost sixty years. As we now know Lord Mountbatten, the architect of India’s Higher Defence Organisation, was keen to appoint a Chief of Defence and lobbied repeatedly for creation of a Joint Staff. However, there was reluctance from India’s political and bureaucratic class that were fearful of an empowered military. Later, the services also resisted jointness as they privileged the autonomy afforded by the single service approach.
Positive sides of joint doctrine are:
- The document listed a range of security threats confronting the country including transnational threats, “proxy war” in Jammu and Kashmir and Left-wing extremism in various parts of the country and indicated that “surgical strikes” could be a key feature in counter-terror operations.
- India has moved to a pro-active and pragmatic philosophy to counter various conflict situations. The response to terror provocations could be in the form of ‘surgical strikes’ and these would be subsumed in the sub-conventional portion of the spectrum of armed conflict.
- The joint doctrine proposes joint training of personnel, unified command and control structure besides pushing for a tri-service approach for modernisation of the three forces.
- The doctrine will facilitate establishment of a broad framework of concepts and principles for joint planning and conduct of operations across all the domains such as land, air, sea, space and cyberspace.
- The doctrine also talked about the steps initiated for the establishment of the ‘Defence Cyber Agency’, ‘Defence Space Agency’ and ‘Special Operations Division’.
- As per doctrine having an ‘Integrated Theatre Battle’ to ensure decisive victory in a network centric environment across the entire spectrum of conflict in varied geographical domains, will be the guiding philosophy for evolution of war-fighting strategies.
- The doctrine aims to achieve ‘jointness’, so essential that personnel from the three services serve together in organisations across the military-strategic, operational and tactical levels.
Lacunae in the doctrine:
- Doctrine fails to mention anything about the joint Andaman and Nicobar Command. As global militaries are increasing converging towards joint commands (President Xi Jinping being the latest to force this on the Chinese military), what is the exact model of jointness that the Indian military wishes to follow has not been answered.
- It creates an unnecessary controversy about India’s nuclear doctrine by describing it as “credible deterrence” instead of “credible minimum deterrence”. If there is a change in the nuclear doctrine, then messaging it through the joint doctrine is peculiar.
The doctrine is progressive step yet needs a more detailed explanation of important areas for defence system of country.