GS II Topic Important aspects of governance, transparency and accountability, e‐governance‐ applications, models, successes, limitations, and potential; citizens charters, transparency & accountability and institutional and other measures.
The need for an Uniform Asylum Law
Baloch leader Brahamdagh Bugti’s request for asylum in India has prompted calls for a uniform and apolitical asylum law. That would be a mistake. Asylum has always been a diverse institution, resistant to homogeneity and friendly to political dissidents.
Asylees and refugees
- Asylum is an expansive institution of protection; refugees are a narrow category of people. An asylee need not be a refugee.
- In Europe, asylum was an ecclesiastical concept that provided safe haven in a place of worship. Asylum has no defining criteria other than the willingness of a state to grant it.
- The UN’s Refugee Convention of 1951 links refuge to persecution on racial, religious, national, social, or political grounds. Many countries including India disagreed with the UN’s definition. It set the bar for protection too high for ordinary people for whom proving targeted persecution is difficult. India did not sign the convention.
- Africa broke ranks too. In 1969, it adopted its own convention which recognised that refugees are people who flee serious public disorder, external aggression, occupation, and foreign domination. In other words, Africa recognised that during war, people do not wait to be individually persecuted, they flee en masse, and they are all refugees.
- Europe understood the shortcomings of the refugee regime during the Balkan conflicts of the 1990s. Many of those displaced were not technically refugees, forcing the European Union to create a new form of asylum distinct from refugee status. The United Nations High Commissioner for Refugees (UNHCR) followed suit.
Politics versus humanitarianism
- The duty to protect refugees is a widely accepted, binding norm of international law. But the refugee convention refuses protection to people accused of “serious non-political crimes” such as terrorism. So governments routinely slap trumped-up terror accusations against their dissidents. For such people, asylum is a beacon. Because it is undefined, asylum has been widely interpreted by states to result in multiple forms of protection.
- Asylum need not be tied to national territory. It can be granted by diplomatic missions abroad as it has been to Julian Assange by Ecuador’s embassyin London. The political versus humanitarian conflict that some believe afflicts the heart of asylum is really no conflict at all. Asylum can be granted for political reasons and refuge for humanitarian reasons and the twain need not meet, even if contained in the same statute.
- Asylum and extradition are related concepts. Extradition law exempts a country from handing over a criminal if the offence for which she is wanted is of a political character. This is known as the ‘political offence exception.’ It enables political asylum. It is recognised in the Extradition Act, 1962 and earlier laws too — perhaps an indicator of the legislature’s intent to allow people like Mr. Bugti to shelter in India at the government’s discretion.
- If Mr. Bugti is accepted, it would not be the first time that Indian asylum has been politicised. The Dalai Lama has never been officially recognised as a refugee; he remains an “honoured guest” — diplomatese for political asylee. On the other hand, India hosts refugees from Tibet and elsewhere who fled persecution and conflict. For refugees, a law will regularise their stay in India and guarantee essential freedoms. But the law need not be uniform. Indeed it should vary so that victims of targeted persecution are individually protected, large groups fleeing war are protected as a group, and people displaced by natural disasters are given transient protection. The same law can allow the government to grant asylum to anyone it pleases, irrespective of what that person has done or where in the world he or she is located.
- The principle that governments have wide discretionary powers regarding foreigners is as old as the concept of sovereignty. It has been reiterated by the Supreme Court several times. It can be expressed in an asylum law without contradicting the duty to protect refugees. What India needs is a discretionary political asylum regime for people like Mr. Bugti as well as a mandatory refugee regime to ensure humanitarian protection.
GS II topic: Challenges to internal security through communication networks, role of media and social networking sites in internal security challenges, basics of cyber security; money-laundering and its prevention.
Benami Property Transactions Prohibition Act comes into force
- The Act defines a benami transaction as a transaction where a property is held by or transferred to a person, but has been provided for or paid by another person. The Bill amends this definition to add other transactions which qualify as benami, such as property transactions where: (i) the transaction is made in a fictitious name, (ii) the owner is not aware of denies knowledge of the ownership of the property, or (iii) the person providing the consideration for the property is not traceable.
- The Bill also specifies certain cases will be exempt from the definition of a benami transaction. These include cases when a property is held by: (i) a member of a Hindu undivided family, and is being held for his or another family member’s benefit, and has been provided for or paid off from sources of income of that family; (ii) a person in a fiduciary capacity; (iii) a person in the name of his spouse or child, and the property has been paid for from the person’s income; and the Bill defines benamidar as the person in whose name the benami property is held or transferred, and a beneficial owner as the person for whose benefit the property is being held by the benamidar.
- Under the Act, an Authority to acquire benami properties was to be established by the Rules. The Bill seeks to establish four authorities to conduct inquiries or investigations regarding benami transactions: (i) Initiating Officer, (ii) Approving Authority, (iii) Administrator and (iv) Adjudicating Authority.
- The law prohibits recovery of the property held benami from benamdar by the real owner. As per the Act, properties held benami are liable for confiscation by the government, without payment of compensation.
- The Bill also seeks to establish an Appellate Tribunal to hear appeals against any orders passed by the Adjudicating Authority. Appeals against orders of the Appellate Tribunal will lie to the high court.
- Certain sessions courts would be designated as Special Courts for trying any offences which are punishable under the Bill.
GS II Topic: Bilateral, regional and global groupings and agreements involving India and/or affecting India’s interests.
Russia invites India to join fast reactor research project
Russia has invited India to join in developing nuclear reactors and participate in its fast reactor research project.
The multipurpose fast research reactor project, also known as MBIR, is coming up at the International Research Center in Dimitrovgrad, located in the Ulyanovsk region. The purpose of the programme is the creation of a new technological platform for nuclear energy, which will be based on the closed fuel cycle with fast neutron reactors.
The closed fuel cycle, which involves recycling the nuclear waste as new fuel, in the case of the MBIR project, essentially signifies research on a sodium-cooled Generation 4 fast reactor to design an advanced fast neutron reactor for use in nuclear power plants.
“MBIR’s design includes three independent loops that can be used to test different coolants like gas, lead, molten salt, among others, and therefore it will be possible to conduct material testing research in those different environments.”
Fast neutron reactor
A fast neutron reactor, also known simply as a fast reactor, is a type in which nuclear fission chain reaction is sustained by fast neutrons. Such a reactor needs no neutron moderator.
Significance:
With fast-neutron reactors, it is possible to solve the major ecological problem of reprocessing and deactivation of the accumulated radioactive waste, at the same time providing society much needed energy.
Also, transition to the closed fuel cycle, which is based on the fast neutron reactors, will lead to the solution of the five key problems — safety, competitiveness, shortage of fuel, reprocessing and refabricating the used nuclear fuel and radioactive waste — as well as in enforcing non-proliferation of fission materials and weapons technologies.
Facts for prelims (Can be used in Mains as fodder)
A new state added under Open Defecation Free status
The State of Kerala was declared Open Defecation Free (ODF) under the Swachh Bharat Mission (SBM) (Gramin). Earlier Sikkim and Himachal Pradesh were declared ODF.
New CBDT chairman
Sushil Chandra has taken over as the new chairman of the Central Board of Direct Taxes (CBDT).
About CBDT:
The Central Board of Direct Taxes is a statutory authority functioning under the Central Board of Revenue Act, 1963.
- It is a part of the Department of Revenue in the Ministry of Finance, Government of India.
- It provides essential inputs for policy and planning of direct taxes in India and is also responsible for administration of the direct tax laws through Income Tax Department.
- It is also India’s official Financial Action Task Force unit.
3 million TB cases missing globally
According to the latest Global TB Report 2016,
- An estimated 10.4 million new cases were reported in 2015 but only 6.1 million out of these were detected and officially notified — leaving a significant gap of 4.3 million cases that are “missing” globally. These cases are either undiagnosed, or managed in large unregulated private sectors and not notified to TB programs.
- Of the 10.4 million cases, India accounts for 2.4 million but the annual report notes that the country had reported only 56 per cent of its TB burden in 2014 and 59 per cent in 2015.
- But a regular increase in reporting from India was due to the policy of mandatory TB notification. The government made TB a notifiable disease in 2012, resulting in this 34% increase in the number of cases — most of them being treated in the private sector that would have otherwise not been reported.
Recent Posts
- In the Large States category (overall), Chhattisgarh ranks 1st, followed by Odisha and Telangana, whereas, towards the bottom are Maharashtra at 16th, Assam at 17th and Gujarat at 18th. Gujarat is one State that has seen startling performance ranking 5th in the PAI 2021 Index outperforming traditionally good performing States like Andhra Pradesh and Karnataka, but ranks last in terms of Delta
- In the Small States category (overall), Nagaland tops, followed by Mizoram and Tripura. Towards the tail end of the overall Delta ranking is Uttarakhand (9th), Arunachal Pradesh (10th) and Meghalaya (11th). Nagaland despite being a poor performer in the PAI 2021 Index has come out to be the top performer in Delta, similarly, Mizoram’s performance in Delta is also reflected in it’s ranking in the PAI 2021 Index
- In terms of Equity, in the Large States category, Chhattisgarh has the best Delta rate on Equity indicators, this is also reflected in the performance of Chhattisgarh in the Equity Pillar where it ranks 4th. Following Chhattisgarh is Odisha ranking 2nd in Delta-Equity ranking, but ranks 17th in the Equity Pillar of PAI 2021. Telangana ranks 3rd in Delta-Equity ranking even though it is not a top performer in this Pillar in the overall PAI 2021 Index. Jharkhand (16th), Uttar Pradesh (17th) and Assam (18th) rank at the bottom with Uttar Pradesh’s performance in line with the PAI 2021 Index
- Odisha and Nagaland have shown the best year-on-year improvement under 12 Key Development indicators.
- In the 60:40 division States, the top three performers are Kerala, Goa and Tamil Nadu and, the bottom three performers are Uttar Pradesh, Jharkhand and Bihar.
- In the 90:10 division States, the top three performers were Himachal Pradesh, Sikkim and Mizoram; and, the bottom three performers are Manipur, Assam and Meghalaya.
- Among the 60:40 division States, Orissa, Chhattisgarh and Madhya Pradesh are the top three performers and Tamil Nadu, Telangana and Delhi appear as the bottom three performers.
- Among the 90:10 division States, the top three performers are Manipur, Arunachal Pradesh and Nagaland; and, the bottom three performers are Jammu and Kashmir, Uttarakhand and Himachal Pradesh
- Among the 60:40 division States, Goa, West Bengal and Delhi appear as the top three performers and Andhra Pradesh, Telangana and Bihar appear as the bottom three performers.
- Among the 90:10 division States, Mizoram, Himachal Pradesh and Tripura were the top three performers and Jammu & Kashmir, Nagaland and Arunachal Pradesh were the bottom three performers
- West Bengal, Bihar and Tamil Nadu were the top three States amongst the 60:40 division States; while Haryana, Punjab and Rajasthan appeared as the bottom three performers
- In the case of 90:10 division States, Mizoram, Assam and Tripura were the top three performers and Nagaland, Jammu & Kashmir and Uttarakhand featured as the bottom three
- Among the 60:40 division States, the top three performers are Kerala, Andhra Pradesh and Orissa and the bottom three performers are Madhya Pradesh, Jharkhand and Goa
- In the 90:10 division States, the top three performers are Mizoram, Sikkim and Nagaland and the bottom three performers are Manipur and Assam
In a diverse country like India, where each State is socially, culturally, economically, and politically distinct, measuring Governance becomes increasingly tricky. The Public Affairs Index (PAI 2021) is a scientifically rigorous, data-based framework that measures the quality of governance at the Sub-national level and ranks the States and Union Territories (UTs) of India on a Composite Index (CI).
States are classified into two categories – Large and Small – using population as the criteria.
In PAI 2021, PAC defined three significant pillars that embody Governance – Growth, Equity, and Sustainability. Each of the three Pillars is circumscribed by five governance praxis Themes.
The themes include – Voice and Accountability, Government Effectiveness, Rule of Law, Regulatory Quality and Control of Corruption.
At the bottom of the pyramid, 43 component indicators are mapped to 14 Sustainable Development Goals (SDGs) that are relevant to the States and UTs.
This forms the foundation of the conceptual framework of PAI 2021. The choice of the 43 indicators that go into the calculation of the CI were dictated by the objective of uncovering the complexity and multidimensional character of development governance
The Equity Principle
The Equity Pillar of the PAI 2021 Index analyses the inclusiveness impact at the Sub-national level in the country; inclusiveness in terms of the welfare of a society that depends primarily on establishing that all people feel that they have a say in the governance and are not excluded from the mainstream policy framework.
This requires all individuals and communities, but particularly the most vulnerable, to have an opportunity to improve or maintain their wellbeing. This chapter of PAI 2021 reflects the performance of States and UTs during the pandemic and questions the governance infrastructure in the country, analysing the effectiveness of schemes and the general livelihood of the people in terms of Equity.
Growth and its Discontents
Growth in its multidimensional form encompasses the essence of access to and the availability and optimal utilisation of resources. By resources, PAI 2021 refer to human resources, infrastructure and the budgetary allocations. Capacity building of an economy cannot take place if all the key players of growth do not drive development. The multiplier effects of better health care, improved educational outcomes, increased capital accumulation and lower unemployment levels contribute magnificently in the growth and development of the States.
The Pursuit Of Sustainability
The Sustainability Pillar analyses the access to and usage of resources that has an impact on environment, economy and humankind. The Pillar subsumes two themes and uses seven indicators to measure the effectiveness of government efforts with regards to Sustainability.
The Curious Case Of The Delta
The Delta Analysis presents the results on the State performance on year-on-year improvement. The rankings are measured as the Delta value over the last five to 10 years of data available for 12 Key Development Indicators (KDI). In PAI 2021, 12 indicators across the three Pillars of Equity (five indicators), Growth (five indicators) and Sustainability (two indicators). These KDIs are the outcome indicators crucial to assess Human Development. The Performance in the Delta Analysis is then compared to the Overall PAI 2021 Index.
Key Findings:-
In the Scheme of Things
The Scheme Analysis adds an additional dimension to ranking of the States on their governance. It attempts to complement the Governance Model by trying to understand the developmental activities undertaken by State Governments in the form of schemes. It also tries to understand whether better performance of States in schemes reflect in better governance.
The Centrally Sponsored schemes that were analysed are National Health Mission (NHM), Umbrella Integrated Child Development Services scheme (ICDS), Mahatma Gandh National Rural Employment Guarantee Scheme (MGNREGS), Samagra Shiksha Abhiyan (SmSA) and MidDay Meal Scheme (MDMS).
National Health Mission (NHM)
INTEGRATED CHILD DEVELOPMENT SERVICES (ICDS)
MID- DAY MEAL SCHEME (MDMS)
SAMAGRA SHIKSHA ABHIYAN (SMSA)
MAHATMA GANDHI NATIONAL RURAL EMPLOYMENT GUARANTEE SCHEME (MGNREGS)