16 Aug 2022: UPSC Exam Comprehensive News Analysis

E. Editorials

Category: INTERNAL SECURITY

1. The fragility of the Northeast’s integration

Syllabus: GS-3, Linkages between development and spread of extremism

Mains: Northeast India development and integration

Details:

• Post the First Anglo-Burmese War (1824-26), the Treaty of Yandabo was signed and Assam was annexed into British Bengal.
• The “Partially Excluded” and “Excluded” areas comprised the unadministered hills of Assam. These were segregated from its revenue plains by an “Inner Line permit” created in the Bengal Eastern Frontier Regulation 1873.
• In 1874 Assam was separated from Bengal and made a Chief Commissioner’s Province.
• The Northeast (NE region) always remained alien and wanted assimilation.
• This was reflected in two administrative measures:
  • the Sixth Schedule of the Constitution 1949.
  • the Armed Forces (Special Powers) Act (AFSPA) of 1958.

Historical Views:

• The British contemplated leaving this “Mongolian Fringe”, a term coined by British India Foreign Secretary Olaf Caroe. This region comprised hill regions of the Northeast as well as Upper Burma.
• The then Governor of Assam, Robert Reid once exclaimed that “neither racially, historically, culturally, nor linguistically”, NE had any affinity with mainland India.
• David R. Syiemlieh also expressed similar views.

 The Sixth Schedule of the Constitution:

• Post-independence, inspired by the works of Verrier Elwin, India came up with the Sixth Schedule for undivided Assam’s tribal area. 
• The Sixth Schedule mandated the creation of Autonomous District Councils in which customary laws of tribals were given primacy.
• An insurgency broke in the region for the want of sovereignty, which further resulted in AFSPA, giving sweeping powers to the armed forces. 
• The Naga Hills district was merged with the Tuensang and Mon subdivision of the North Eastern Frontier Agency (NEFA), or present-day’s Arunachal Pradesh, forming Nagaland in 1963.
• Most of the autonomous regions were bifurcated from Assam in 1972. Meghalaya was made a State. On the other hand, Arunachal Pradesh and Mizoram became Union Territories. They were upgraded to States in 1987. 
• Manipur and Tripura, which were initially Part C States, were made States in 1972 after the merger with India in 1949.

Positive measures taken by the government for inclusion:

• The outlook towards nationalism and national identity underwent moderations. 
• The region was no longer required to leave its cultural streams to fit into the mainstream.
• The North Eastern Council (NEC) was founded as an advisory body in 1971.
  •  Initially, the Governors of the Northeastern States were its members.
  •  In 2002, the act was amended. The council became an infrastructure planning body for the NE. Sikkim was also brought within its ambit. Its executive structure also expanded to include Chief Ministers, addressing the aspirations of local electorates.
• Moreover, DoNER was formulated by the Central Government in 2001, and in 2004 it was made a Ministry. 
• India’s Look East Policy of 1991 stated the objective of connecting the Northeast region with South East Asia.
• A protected area regime that restricted visits to Manipur, Mizoram, and Nagaland was relaxed in 2010. 

The associated concern of the Northeast region:

• The national identity question remained unresolved for a long time.
• Frequent insurgencies raised apprehensions about mainstreaming with India.
• The suspicion of the “Mongolian Fringe” by the Indian state, and the latter’s fear of being forced out of their traditions and customs persisted. 
• The grassroots sentiment reflected in the recent two cases of opposition to the Citizenship (Amendment) Act (CAA) in Assam and the sensitive issue of AFSPA in Manipur has once again flared counter-cultural tendencies.

Also Read: Naga Insurgency

Nut Graf: The integration of the Northeast region has been a prolonged sensitive issue in the Indian context. Even after a series of positive steps taken by the government, the issues are raised time and again due to the insurgencies, and sensitive issues like the draconian use of AFSPA. The measures further taken should be integrative and assure the residents that their customary laws and liberty won’t be breached.

Category: GOVERNANCE

1. The shackles of 1861 need to go

Syllabus: GS-2, Powers, Functions, and responsibilities of various bodies.

Mains: Criminal justice system reforms

Context: Criminal laws and procedures reflect India’s colonial legacy.

Historical Background:

• The year 1861 laid the foundation for a strong and organized police force. 
• The main aim was to use it as a weapon of repression. 
• The detection and prevention of crime was never their objective. 
• Andrew H.L. Fraser, who was the head of the Police Commission (1902-03), exclaimed  “police force is far from efficient; it is defective in training and organization … it is generally regarded as corrupt and oppressive, and it utterly failed to secure the confidence and cordial co-operation of people”.
• Though many revolutionary recommendations were made by the commission, they remained largely unaccepted citing economic and financial constraints.

Changes to the IPC:

• The Probation of Offenders Act, 1958 had the aim of reforming, rather than punishing offenders. 
• The Dowry Prohibition Act was brought in 1961 to control the social evil of dowry. 
• Amendments were made to the Indian Penal Code (IPC) in 1983 and 1986 and sections 498A (cruelty by husband and his relatives) and 304B (dowry death) were introduced along with certain amendments in the Evidence Act. 
• The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act 1989 was also introduced.
• The rape definition was widened and offenses of sexual assault were made stricter. 
• Comprehensive laws for crimes against children like the Protection of Children from Sexual Offences Act, 2012, and the Juvenile Justice (Care and Protection of Children) Act, 2015 were also approved. 
• Other reforms include the constitution of the National Investigation Agency in 2008  to investigate and prosecute offenses related to national security. 

Contribution to criminal reforms by courts:

• The Supreme Court brought relief to the LGBTQ+ community by reading down Section 377 of the IPC. 
• The recognition of the right to privacy as a fundamental right. 
• Section 124A – sedition law, was also suppressed by the Supreme Court to reduce its alleged misuse.

The issues with the Police:

• The police continue to be seen as a brute force. 
• There are issues of trust deficit even after the arrest powers have been curtailed, the usage of handcuffs restrained, the presence of a lawyer and CCTV cameras during interrogations, and vigil by human rights bodies. 
• Lawmakers and the judiciary are still apprehensive about approving voluntary confessions before a police officer as admissible.
• Various committee recommendations to reform the criminal justice system have not been implemented. 
• Despite the directive of separation of investigation from law and order, it has not been implemented by States and Union Territories.
• None of the  State governments has given required attention to police reforms, as Police is a state subject. Moreover, the Model Police Act drafted by Soli J. Sorabjee was not enacted by any state.
• Many provisions have outlived their purpose, but still, continue to exist in the States’ Police Acts and criminal codes. 

Read more about Police Reforms in India in the linked article.

Way Ahead:

• Ensure improved funding and investment.
• Bridge the trust deficit by working on soft skills and ensuring impartial investigation.
• Unjustified arrests should be avoided. 
• More offenses can be made bailable and many can be brought under the ambit of compounding to lighten the increasing burden on jails. 
• Enhanced usage of technology and forensic techniques should be encouraged for enhancing the evidence quality. 
• Specialized wings must be established for dealing with newer crimes. 
• The police must be made accountable only with respect to their constitutional goal of ensuring the rule of law.

Also read: Reforms in Criminal Justice System

Nut Graf: The nature and the extent of crimes have changed drastically since 1861 when the Indian Penal code came into the picture. The institution of Police continues to remain mired with many challenges. The need of the hour is to accept the recommendation of various committees formed and strengthen our criminal justice system.

Category: INTERNATIONAL RELATIONS

1. A road map for India-EU ties

Syllabus: GS-2, Bilateral Groupings and agreements affecting India’s interest

Mains: India – EU relations

India – Europe Ties:

• India – EU has completed 60 years of diplomatic relations.
• A cooperation agreement of 1994 took the bilateral relations beyond trade and the economic sphere.
• The first India-EU Summit was conducted in June 2000.
• In the 2004 India-EU Summit, the relationship was upgraded to a ‘Strategic Partnership’.
• A Joint Action Plan was adopted in 2005 to strengthen the dialogue and consultation mechanisms in both the economic and political spheres, improve trade and investment, and bring together people and cultures.
• A common road map to guide joint action for the next five years was formulated at the 15th India-EU Summit (2020). It highlights engagement across five domains: trade and economy; foreign policy and security cooperation; sustainable modernization; global governance; and people-to-people ties.

Areas of cooperation between India and the E.U.:

• The total trade among the two exceeded $116 billion in the year 2021-22.
• EU is the second largest trading partner of India after the U.S.
• Moreover, it is the second largest destination for Indian exports. 
• There are approximately 6,000 European ventures in India that directly and indirectly generate 6.7 million jobs.
• Avenues of collaboration between the two:
  • The ‘green strategic partnership’ between Denmark and India to address biodiversity loss, pollution, and climate change issues.
  • The India-Nordic countries deliberated on green technologies and industrial transformation which are important for sustainable and inclusive growth.
  • Defense cooperation has also increased substantially.
  • India and the EU also conduct joint naval and military exercises reflecting their commitment to an open, free,  inclusive, and rules-based order in the Indo-Pacific region. 
  • European defense equipment manufacturers are partnering with Indian companies for supporting the ‘Make in India’ program.
  • Another emerging area is the start-up and innovation field. 
  • Moreover, the Science and Technology Joint Steering Committee focuses on areas like Artificial Intelligence, healthcare,  and earth sciences.
  • An agreement for research and development cooperation in the peaceful uses of nuclear energy was signed in 2020 between the Government of India and the European Atomic Energy Community.

Challenges in India – E.U. cooperation:

• India’s stand on Russia – Ukraine issues, and its increasing cooperation with Russia, has been an area of disagreement between the two.
• Similarly, India has accused the EU of double standards for the purchase of 45% of its gas from Russia.
• There is also concern with respect to the EU’s way of tackling the issue of China and its muted response to the Galwan clash. 
• Moreover, it is the second largest destination for Indian exports. 
• There are approximately 6,000 European ventures in India that directly and indirectly generate 6.7 million jobs.

Nut Graf: India and the EU should proactively resume the relationship in ambitious India-EU free trade and investment agreement, as it will be beneficial for both sides and ensure greater convergence in the international arena. 

Category: POST-INDEPENDENCE INDIA

1. The temples that Jawaharlal Nehru built

Syllabus: GS-1, Post-independence consolidation and reorganization within the country

Mains: Jawarharlal Nehru’s efforts in building the India post-independence

Details:

• Nehru’s vision of India was based on the ideas of secularism, democracy, inclusive economic growth, freedom of the press, and non-alignment in foreign policy.
• It was also based on institutions that would be the bedrock of India’s future growth trajectory. They would ensure a self-sustaining and stable economy with people’s welfare as a central mission. Approximately 75 of these institutions ranged from the Bhakra-Nangal dam to Bharat Heavy Electricals Limited, Indian Oil Corporation, the All India Institute of Medical Sciences, the LIC, the Oil and Natural Gas Corporation, and many more.
• The education sector included IITs and a network of Kendriya Vidyalayas. 
• Townships:
  • Bhilai, Durgapur, and Rourkela became functional townships
  • The modern city of Chandigarh evolved
• Pandit Nehru also promoted small and cottage industries and established the Khadi and Village Industries Commission.
• Two institutions for strengthening democracy are the Planning Commission and the Election Commission of India. 
• The renowned personalities steering the projects with high-performance standards were: Homi Bhabha, Vikram Sarabhai, P.C. Mahalanobis, Verghese Kurien, S.S. Bhatnagar, S.Bhagavantam and C.D. Deshmukh. 

Nehru’s Legacy in Economy:

• Prime Minister Nehru’s 17-year rule and economic model became a template for succeeding leaders. 
• The success of the missions like the Green revolution, the telephone revolution, and the recent digital revolution owed a great deal to the Nehruvian model. Collectively, these missions have brought over 300 million Indians out of poverty and heralded the arrival of a modern, diversified globally connected economy with a significant digital component.

Nut Graf: India has become one of the fastest growing economies and much of it is owed to Nehru’s vision and efforts in transforming the economy in almost all major domains.