WEBINAR HANDOUT

Weekly Current A�airs

JANUARY 2021 (1st WEEK)

Note: Please open the recorded link using Google Chrome.

S. No. TOPICS Page No.

01. Inner-Line Permit is Centre’s ‘Biggest

Gift to Manipur’ 2-3

02. India’s Two-Front Challenge 4-7

03. Broken Bonds of Democracy 8-9

04. Give Adequate Time for a Probe 10-12

05. An Ill-Conceived, Overbroad and Vague

Ordinance 13-15

CONTENT

1. INNER-LINE PERMIT IS CENTRE’S ‘BIGGEST GIFT TO MANIPUR’ Context ● The Inner Line Permit was

granted to Manipur in 2019. Inner Line Permit (ILP) system ● Inner Line Permit (ILP) is an

official travel document issued by the Government to allow inward travel of an Indian citizen into a protected area for a limited period.

● It is obligatory for Indian citizens from outside those states to obtain a permit for entering into the protected state.

Features ● There are different kinds of ILP‟s, one for tourists and others for people who

intend to stay for long-term periods, often for employment purposes. ● The ILP is issued by the concerned state government and can be availed both by

applying online and in person. ● The document states the dates of travel and specifies the particular areas in

which the ILP holder can travel. It‟s illegal for the visitor to overstay the time granted in the permit.

Objectives ● The main objective of the ILP system is to prevent the settlement of other Indian

nationals in these states to protect the indigenous population. The document also tries to regulate movement to certain areas located near the international border of India.

Evolution of the Inner Line Permit system ● It is an offshoot of the Bengal Eastern Frontier Regulations, 1873, which

protected Crown‟s interest in the tea, oil and elephant trade by prohibiting “British subjects” from entering into these “Protected Areas” (to prevent them from establishing any commercial venture that could rival the Crown‟s agents).

● The word “British subjects” was replaced by “Citizen of India” in 1950. Despite the fact that the ILP was originally created by the British to safeguard their commercial interests, it continues to be used in India, officially to protect tribal cultures in northeastern India.

Applicable areas ● Originally the states of Arunachal Pradesh, Nagaland, and Mizoram had the ILP

system. Recently Manipur too has come under the ILP system. ● An ILP is required for certain parts of the Leh district in Jammu and Kashmir like

Nubra valley, Khardung La, Pangong Tso, Tso Moriri, etc. The foreign nationals are required to get Protected Area Permit for this region.

Conclusion ● It is often said that the present ILP system is based on the archaic laws of the

country, and the states with ILP system have not shown any significant performance with regard to the protection of identity and property rights of the indigenous people.

● Apart from that, there seem to be some dilemmas between the market economy, democracy and ILP system.

● Experts have called for discussion over the implementation of the ILP system involving all stakeholders.

2. INDIA’S TWO-FRONT CHALLENGE Context ● The possibility of a two-front challenge at the borders cannot be discounted.

There is a school of thought in India‟s strategic community that wants to have a sound doctrine to combat a potential China-Pakistan front to prevent any such surprises at the border.

Details ● According to military terminology, a two-front war occurs when opposing forces

encounter on two geographically separate fronts. The forces of two or more allied parties usually simultaneously engage an opponent in order to increase their chances of success.

● The possibility of a two-front war against a China-Pakistan combine has been evoking a mixed response, while some outrightly deny saying that China has hitherto not intervened militarily in the India-Pakistan conflict, the other side responds by saying that the two have been embracing each other more than ever.

How has it has been perceived for long? ● The common knowledge in the military is that there is less likelihood of

conventional conflict breaking out with China than with Pakistan. ● Though China is more potent, there is far more certainty in terms of Chinese

actions on the border, while it is different from the deep-state of Pakistan. ● Pakistan with its state-sponsored terrorism provokes and invites India into a

confrontation on the western borders. ● The military believes that while both China and Pakistan are foes, they‟re chalk

and cheese in their modus operandi. Intrusions change things ● The Galwan valley incident, Ladakh intrusions and other skirmishes along the

Line of Actual Control (LAC) in 2020, followed by a stalemate in negotiations have brought in to focus the Chinese military threat.

● In the event of a possible breakthrough in the border crisis between India and China, China‟s military challenge will garner greater attention from Indian military planners in the months and years to come.

● The two-front challenge is gathering steam because the situation along the Line of Control (LoC) with Pakistan has been steadily deteriorating.

● The ceasefire violations during the time interval of 2017 and 2019 have quadrupled.

● Some media reports had indicated that Pakistan had moved 20,000 troops into Gilgit-Baltistan, matching the Chinese deployments in Eastern Ladakh.

China-Pakistan military links ● The Sino-Pakistan relationship has been a feature since the 1950s, but it has far

serious implications today than ever before. China has always seen Pakistan as a counter-balance to India‟s influence in its neighbourhood.

● China and Pakistan have tried to paint India‟s image as a „regional bully‟ in India‟s backyard.

● The Pakistan-China ties have been inching closer over the years, the strategic thinking between them has found a bit of coherence.

● Military cooperation is growing, with China accounting for close to three-fourth of the total arms imports of Pakistan between 2015-2019.

● The Shaheen IX Pakistan-China joint exercise between the Pakistan Air Force and People‟s Liberation Army Air Force is expected to enhance combat capacity of both air forces significantly and also improve interoperability between them with greater strength and harmony.

Two-front threat ● The above-mentioned facts point to a threat of two-front warfare, however, slight

the possibility of it maybe. ● The Indian military needs to analyze deeply about the nature of the threat and

think of strategies that could be deployed to nullify such a threat. ● In a two-front scenario, India‟s military will be largely tested along the northern

border with China. ● Pakistan in the meantime will likely try and make the most of India‟s

engagement with China by attempting military actions in Jammu and Kashmir and expand its efforts in stoking militancy in Kashmir.

● Strategists have hinted at a more passive involvement on behalf of Pakistan and have called the likelihood of Pakistan engaging in full-fledged warfare to capture territories far-fetched.

● The reason behind Pakistan‟s abstinence is that a full-blown war among the three nuclear-armed states has the possibility to damage Pakistan‟s economy and military significantly, far outweighing what it can possibly gain through a full-blown war.

● Thus Pakistan would restrict itself to taking up the low-risk option of pursuing a hybrid conflict that remains below the threshold of war.

Dilemmas for India ● Resource and strategy will occupy a major chunk in India‟s military doctrine in a

two-front conflict. ● It is obvious that the resources required will be more, it is neither practical nor

feasible to build a level of capability that enables independent warfighting on both fronts.

● A major decision will be the quantum of resources to be allocated for the primary front.

● The primary front will be the one that is preoccupied with China, that would require a majority of the assets of the Indian Army and the Indian Air Force to be sent towards the northern border.

● The military has to re-evaluate its strategy on the western border. There will be an option to go defensive against Pakistan since it is involved in a hybrid war below the threshold of war,

● Taking a more aggressive offensive strategy on the western border may wean away precious limited resources.

Contours of a doctrine ● It is hard to simulate the possible manner of two-fold warfare, but with an

impending threat, there is nothing wrong in being prepared for different scenarios with different strategies.

● Indian leadership needs to develop a doctrine and the capability to deal with this contingency. Developing a doctrine will require cooperation and coordination with the political leadership.

● The doctrine will need to have the acceptance and endorsement of the political class, for any doctrine that is prepared without a political aim and guidance will not be able to deliver effectively on the ground.

● Capability building is a major issue, especially with the country‟s economic situation not being strong enough to pursue an aggressive capacity building process.

● A possible paradigm shift is necessary to increase the potency of the Indian military in warfare. Currently, there is a disproportionate focus on major platforms such as aircraft, ships, and tanks, and not enough on future technologies such as robotics, artificial intelligence, cyber, electronic warfare, etc. The right balance will have to be struck based on a detailed assessment of China and Pakistan‟s war-fighting strategies.

Diplomacy is crucial ● The importance of diplomacy cannot be emphasized enough in the event of a

two-front challenge. ● India‟s immediate neighbourhood will be very critical, relations with neighbours

will have to be on an even keel given how both China and Pakistan will try to leverage any bilateral issues with immediate neighbours against India‟s interests.

● An unfriendly, hostile neighbourhood would only help play into the opponent‟s hands.

● The extended neighbourhood cannot be ignored. The government‟s present engagement with the key players in West Asia, including Iran, should be further enhanced in order to ensure energy security, increase maritime cooperation and enhance goodwill in the extended neighbourhood.

● India‟s nous will be tested especially in balancing the relationship between the two superpowers, the USA and Russia.

● A tighter embrace of Washington must not endanger New Delhi‟s relationship with the Kremlin. Russia could play a very important role in diffusing tensions in the region given its influence and relationship with the major players of the region.

● Even as the Quad, or the quadrilateral security dialogue (India, Australia, Japan and the U.S) and the Indo-Pacific appear to form the mainstay of India‟s new grand strategy, the maritime strategy will only be limited in easing the Sino-Pakistan pressure in the continental sphere.

Outreach to Kashmir ● Pakistan‟s engagement on the western frontier is hinging upon a political

vacuum in Kashmir and the militancy angle. ● Therefore, building political consensus will be helpful in easing pressure, the

recent conduct of the District Development Council elections will create a vibrant grassroots democracy.

● China is a rising and aggressive superpower sharing a border with India. It is the bigger strategic threat for India, with Pakistan playing second-fiddle to Beijing‟s „contain India strategy‟.

● New Delhi has to expend political and diplomatic capital to offset the impact of a collusive Sino-Pakistan containment strategy aimed at India.

Conclusion ● The Chinese behaviour on the border, the mounting ceasefire violations along the

Line of Control and the increasing proximity of China and Pakistan carry a significant threat to India‟s territorial integrity.

● Therefore, India has to be politically, militarily and strategically ready for the two-front threat.

● A politically guided doctrine will be essential to lend support to the military in order to counteract the threat posed at the border by the China-Pakistan challenge.

● India will also have to look towards engaging constructively the regional platforms like BIMSTEC, SCO, SAARC to ensure regional peace and stability.

3. BROKEN BONDS OF DEMOCRACY Context The ruling of the Central Information Commission has brought into focus the shortcomings of the Electoral Bond Scheme which facilitates political funding. Details ● The CIC order upholding the State Bank of India‟s claims of not having to release

data for public disclosure under the Right To Information Act has exposed the opaqueness of the scheme.

● It has effectively turned its back on those seeking transparency in political funding, leaving no choice but to appeal to the apex court.

Electoral Bond Scheme ● In 2017, the Union budget introduced the Electoral Bond Scheme to check

rampant “under-the-table cash transactions”. ● However, there were controversial features like anonymity for donors and the

corresponding removal of 7.5% limits for corporate donations. ● This scheme has come under criticism from regional parties, civil society

organisations, legal experts, etc. Issues with the scheme ● It creates banking instruments for the donation of funds to political parties

facilitated by the SBI. ● It hides the identity of the donors along with the amount of donation. In effect,

the scheme is opaque, promotes arbitrariness and is therefore deemed illegal. ● It helps in forming an unholy nexus between political parties and corporate

donors. ● It promotes and protects undisclosed quid pro quo arrangements between

donors, who are likely to be corporates, and political parties. Supreme Court on Electoral Bonds ● The Supreme Court in the case People‟s Union for Civil Liberties v. Union of

India (2003), held that the fundamental right of a voter to secure information about the candidates who are contesting the election was implicit under freedom of speech and expression.

● Therefore, the Electoral Bond Scheme is repugnant to the SC order in PUCL case. Central Information Commission on Electoral Bonds It ruled that the State Bank of India (SBI) was under no legal compulsion to reveal any details about donors and donees relating to electoral bonds under the Right to Information (RTI) Act. It has relied on two grounds provided under Section 8 of the RTI Act, which exempts disclosure of information: ● That the information sought has been held in fiduciary capacity and ● That there was no public interest involved in the application.

Both these grounds can be challenged, an exemption provided under Section 8 should be read-only in a very narrow sense. ● Section 8(2) directs that when public interest takes precedence over any harm to

protected interests, the information sought for may be accessed. Therefore, there are legally valid grounds to override the CIC ruling.

Issues with the ruling of Central Information Commission ● The funds received by parties from donors would naturally be of interest to

voters in order to understand their financing and functioning. ● Donations by corporate entities would also be of interest to their shareholders

and potential shareholders. ● The failure of the CIC in appreciating the present issue as one of high public

importance and resorting to technical objections defeats the objects of the RTI Act itself.

● The CIC order has effectively barred any requests for information under the Electoral Bond Scheme, leaving one with no other option but to seek the Supreme Court.

● There is no other recourse but for the Supreme Court to determine the law with regard to the scheme and the interpretation of the CIC.

● The Election Commission argued the case for declaration of donation received by political parties and also details about expenditure and stated that public disclosure of the information is essential for better transparency and accountability in the election process.

Conclusion ● Periodic free and fair elections are the life-breath of a democratic system, any

attempts to conceal information from the glare of public eyes cannot be justified. ● Political funding is intertwined with corruption, thus for better governance, it is

essential that the electoral bond scheme is reformed to allow public scrutiny.

4. GIVE ADEQUATE TIME FOR A PROBE Context Recently, the Maharashtra government would enact a law to deal sternly with the cases of sexual assault on women, after taking a cue from the Andhra Pradesh‟s Disha Bill of 2019. About Andhra Pradesh’s Disha Bill, 2019 ● Andhra Pradesh Disha Bill, 2019 (A.P. Criminal Law (Amendment) Bill, 2019)

paved the way for awarding the death penalty for the offences of rape and gang-rape and expediting the verdict in trials of such cases to 21 days.

● The A.P. Criminal Law (Amendment) Bill, 2019, envisages the completion of investigation and trial in seven and 14 working days respectively, where there is adequate conclusive evidence, and reducing the total judgment time to 21 days from the existing four months.

● It amends relevant provisions in the Indian Penal Code, 1860, and the Code of Criminal Procedure, 1973, and to introduce Sections 354-E and 354-F in the IPC for dealing with harassment of women through social media and sexual assault of children respectively. ○ Under Section 354-E (harassment of women through social media, digital

mode or any other form), it has been proposed to sentence the guilty to imprisonment for up to two years on first conviction and four years on subsequent convictions.

○ Under Section 354-F (molestation / sexual assault), imprisonment is sought to be increased to a minimum of five years and a maximum of seven years.

Details ● Recently proposed Maharashtra Shakti Act of 2020 will have stern punishment

for offences of sexual assault and a provision to complete the investigation within 15 days.

Concern related to the bill ● Narrow timelines for investigation of sensitive cases create scope for procedural

loopholes.

Time for investigation: ● In the „Nirbhaya‟ case, the police filed a charge sheet on the 18th day of its

reporting. No effort was spared to nab the criminals and the case was rigorously supervised.

● In the recent Hathras case, the police took more than 90 days to file a charge sheet.

● The Criminal Procedure Code (CrPC) provides that: ○ Investigation relating to offences punishable with imprisonment up to 10

years must be completed within 60 days. ○ For offences with higher punishment (including rape), the investigation must

be completed within 90 days of detaining the accused, else he or she shall be released on bail.

● To speed up the process, the CrPC was amended in 2018 and the period of investigation was reduced from 90 to 60 days for all cases of rape.

● Though every investigation has to be completed without unnecessary delay, there is no upper limit to complete investigation when the offenders are at large. Each investigation is guided by its own set of facts and circumstances.

Factors to be considered: ● Generally, the time of investigation depends on the severity of the crime, the

number of accused persons and agencies involved. ● It includes:

○ Examination of the scene of the crime by the investigating officer (IO) and forensic expert;

○ Recording the statement of the victim (by the IO and the judicial magistrate) and witnesses;

○ Medical examination of the victim (at a place where a female doctor is available) and accused persons;

○ Collecting documents relating to age from parents, local bodies and school (in case of the child victim and delinquents);

○ DNA findings of the forensic science lab (FSL); test identification parade of accused persons (if initially not named);

○ Seizing weapons of the offence; ○ The arrest of accused persons; etc.

● In many cases of rape, the victim remains under trauma for some time and is not able to narrate the incident in detail.

● The speed and quality of investigation also depend on whether a police station has separate units of investigation and law and order (a long-pending police reform awaiting compliance of the apex court‟s directives).

● It also depends on the number of available IOs and women police officers, and the size and growth of the FSL and its DNA unit.

Conclusion: ● Investigation of sensitive offences should be done expeditiously. ● However, setting narrow timelines for investigation creates scope for procedural

loopholes which may be exploited during the trial. ● Therefore, instead of fixing unrealistic timelines, the police should be given

additional resources so that they can deliver efficiently.

5. AN ILL-CONCEIVED, OVERBROAD AND VAGUE ORDINANCE Context The article discusses the U.P. religious conversion ordinance and examines how it violates key rights. About Ordinance ● An ordinance is a law that is promulgated by the President of India only when

the Indian parliament is not in session. President promulgates an ordinance on the recommendation of the union cabinet.

● Similarly, Governor of Indian states can also initiate ordinances only when a legislative assembly is not in session when it is a unicameral legislature and when legislative assembly along with legislative council both are not in session when it is the bicameral legislature.

Ordinance making power of Governor Article 213 deals with the power of the Governor to legislate through ordinances. His power of ordinance making is quite similar to the President‟s power.

He can roll-out an ordinance for only those matters on which state legislature can make laws

His ordinances have the same effect on policies as state‟s acts will have. If his ordinance legislates on matters which state government has no power on, the ordinance stands null and void

The ordinance introduced by him can be withdrawn anytime

His power to promulgate ordinance is not a discretionary power. Council of Ministers‟ (headed by CM) advice is a prerequisite

President’s instructions on the following three cases are must: ● If a bill containing the same provisions would have required the previous

sanction of the President for its introduction into the state legislature ● If he would have deemed it necessary to reserve a bill containing the same

provisions for the consideration of the President ● If an act of the state legislature containing the same provisions would have

been invalid without receiving the President‟s assent

Circumstance and the urgency of Ordinance ● There is no established practice requiring the Governor (or the President under

Article 123 of the Constitution) to state the circumstances for immediate action. ● The reason for immediate action is, as yet, not justiciable. ● However, the court can inquire whether circumstances existed that enabled the

Governor to be satisfied with the necessity of promulgating an ordinance. Suggestion ● A healthy convention must develop and the preamble to any ordinance should

state the immediacy for promulgating it when the Legislature is not in session. ● This would greatly enhance transparency in legislation. ● More importantly, it would enable legislators to understand why they are, in a

sense, by-passed and why a debate and discussion in the Legislature could not be awaited.

● Besides, in the normal course, reasons are unlikely to be a state secret. About U.P. ordinance: ● The preamble to the Uttar Pradesh Prohibition of Unlawful Conversion of

Religion Ordinance commonly called the anti-love jihad ordinance, merely indicates what it provides for.

● Namely, unlawful conversion from one religion to another by coercion, misrepresentation and so on “or by marriage”.

● It then proceeds to record the satisfaction of the Governor of the existence of circumstances and the necessity for “him/her to take immediate action”.

Provisions of Ordinance and its impact ● Section 3 prohibits conversion or attempt to convert any person from one

religion to another by coercion or fraud, etc. or by marriage. ○ To the extent of conversion by coercion or fraud, etc. there is no problem, the

issue is with “conversion by marriage”. ○ If an adult person desires to get converted to the religion of the other before

marriage, this should not raise objections. ● The offence of attempting to convert poses a bigger rights issue. ● Section 7 provides that upon receiving information (it may be fake news) that

religious conversion is designed to take place, a police officer is authorised under the CrPC without orders from a Magistrate and without a warrant, to arrest the person so designing, if it appears that the commission of the offence cannot be otherwise prevented. ○ The nature of information includes an allegation of allurement which includes

an offer of any temptation in the form of a gift or gratification. ○ This could trigger the arrest of the boy offering the allurement, his friends and

family (as conspirators) with no questions asked. ● Section 12 provides that the burden to prove the conversion was not on account

of coercion, fraud, etc. or by marriage will be on the person who has caused the conversion.

Conclusion: ● The ordinance is prone to abuse and its consequences have ranged from

intimidation, bullying, arbitrary arrests, etc. ● It vilifies all inter-faith marriages and places unreasonable obstacles on

consenting adults in exercising their personal choice of a partner. ● It mocks the right to privacy and violates the right to life, liberty and dignity. ● The ordinance is ill-conceived, overbroad and vague in many respects.

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