Conten:
- A role for India in South-South climate cooperation
- A legal ‘remedy’ that perpetuates survivor trauma
A role for India in South-South climate cooperation
- Article 6 of Paris Agreement (PA): Focuses on cooperative approaches for emission reductions.
Relevance : GS 2(International Relations)
Practice Question :Discuss the significance of Article 6.2 of the Paris Agreement in facilitating climate finance and emissions trading. How can India leverage it to strengthen South-South climate cooperation? (150 words)
Importance of Article 6.2
- Role in Climate Finance: Enables Internationally Transferred Mitigation Outcomes (ITMOs) between host (developing) and partner (developed) countries.
- Operationalization at COP29 (Baku, Azerbaijan): Enhanced focus on market mechanisms for carbon-neutral transition.
- Potential Benefits:
- Promotes emissions reductions in host countries.
- Facilitates financial & technical support from developed nations.
- Helps meet Nationally Determined Contributions (NDCs) and Sustainable Development Goals (SDGs).
India’s Position on Article 6.2
- Third Largest GHG Emitter (absolute terms only).
- Climate-Development Balance: Struggles with financial and technical constraints in achieving NDC targets.
- Call for Climate Finance: India demands $1 trillion annually from developed nations for climate action.
- Domestic Efforts:
- Carbon Credit Trading Scheme (CCTS) (2023): India’s domestic emission trading scheme (ETS) for carbon credits.
- Prior Market Experience: CDM, VCM, ESCerts, RECs—strong foundation for international carbon trading.
India’s Strategic Engagement with Article 6.2
- 14 Key Activities Identified for International Collaboration, including:
- Renewable Energy (RE)
- Energy Storage
- Carbon Capture, Utilization, and Storage (CCUS)
- Green Hydrogen & Sustainable Aviation Fuel (SAF)
- Key International Partnerships: South Korea, EU, Japan.
- ITMO Benefits for India:
- Funds climate-resilient projects.
- Enhances clean energy adoption.
- Creates green jobs & co-benefits (e.g., reduced health risks).
- South-South Cooperation:
- Potential leader in ITMO exchange with developing nations.
- Strengthening RE deployment & climate technology in Africa.
India’s Role in Global Climate Finance
- Unlocking Large-Scale Finance:
- Countries with stringent NDCs can buy ITMOs from India.
- Boosts green technology and sustainability investments.
- Example: India’s RE sector attracted $10 billion FDI (2022)—ITMO transactions could expand such inflows.
- New Collective Quantified Goal (NCQG):
- Recognizes South-South climate finance contributions.
- India can lead voluntary financial & technical cooperation among developing countries.
India-Africa Climate Partnership
- Rationale:
- Africa’s vulnerability to climate change (agriculture, water resources).
- India’s 10 Principles for India-Africa Engagement include economic cooperation & climate action.
- Mutual Benefits:
- India (partner) funds RE & climate projects in Africa (host).
- African nations gain sustainable infrastructure & energy solutions.
- India benefits from additional carbon credit opportunities.
ITMO Transfer Challenges & Risks
- Risk of Carbon Offshoring:
- Developed countries might rely on low-cost Indian ITMOs instead of domestic decarbonization.
- India might lose critical carbon reductions needed for its own NDCs.
- Transparency & Governance Issues:
- Weak oversight can cause inefficiencies, inequities.
- Over-reliance on ITMOs may hinder India’s domestic green tech growth.
- Mitigation Strategies:
- Equitable benefit-sharing: Ensure partner contributions align with India’s sustainability goals.
- Transparency & Safeguards: Implement Joint Crediting Mechanism (JCM)-like governance for fair carbon credit allocation.
- Self-Sufficiency Focus: Prioritize domestic sustainability while engaging in ITMO transfers.
India’s Leadership Potential in Global Carbon Markets
- Transparent & Equitable Market Engagement:
- Promoting inclusive ITMO agreements.
- Ensuring fair cost-benefit distribution between India and partner nations.
- Strengthening Institutional Capacity:
- Scaling up carbon finance mechanisms (CCTS, ITMOs).
- Expanding public-private partnerships in climate innovation.
- Positioning as a Climate Leader:
- Driving South-South cooperation in emissions trading.
- Championing low-carbon transition strategies globally.
Conclusion
India’s strategic engagement with Article 6.2 presents an opportunity to unlock climate finance, enhance sustainability, and emerge as a global leader in emissions trading. However, ensuring fair, transparent, and equitable ITMO agreements remains critical to balancing economic growth and climate commitments.
A legal ‘remedy’ that perpetuates survivor trauma
A legal remedy should serve justice, not perpetuate survivor trauma. The practice of granting bail on the condition of marriage undermines constitutional safeguards, compromises gender justice, and weakens deterrence against sexual crimes.
Relevance : GS 2(Polity , Judiciary)
Practice Question: How does granting bail on the condition of marriage violate legal and constitutional principles? (150 words)
Legal Concerns
- Violation of Supreme Court Guidelines: Contradicts Aparna Bhat vs State of Madhya Pradesh (2021), which prohibits any contact between the accused and survivor.
- Arbitrariness in Bail Conditions: Kunal Kumar Tiwari vs State of Bihar (2017) emphasized that bail conditions must not be arbitrary or extend beyond the scope of justice.
- Breach of Legal Safeguards: Goes against Section 437(3)(c) of CrPC, which limits bail conditions to non-arbitrary measures in the interest of justice.
Gender Justice and Survivor Autonomy
- Perpetuation of Patriarchal Notions: Reinforces the regressive idea that a woman’s dignity is tied to marriage.
- Violation of Consent and Autonomy: Forcing marriage undermines the survivor’s choice and coerces her into a legal relationship with the accused.
- Potential for Continued Abuse: Marriage as a legal safeguard for the accused increases the risk of intimate partner violence under legal protection.
Impact on Criminal Justice System
- Compromising Trial Integrity: Marriage between the survivor and accused during trial affects the survivor’s ability to testify freely.
- Conflict of Interest in Sentencing: Courts may hesitate to convict an accused who has legally married the survivor, affecting the administration of justice.
- Legitimization of Crime through Matrimony: Sets a dangerous precedent where perpetrators can escape punishment by marrying their victims.
State’s Responsibility and Welfare Obligations
- Neglect of State’s Role: In Re: Right to Privacy of Adolescents (2024), the Court held that the state must provide rehabilitation, financial aid, and counselling to survivors.
- Forced Dependence on Perpetrator: Lack of support forces survivors into financial and social dependence on their abusers.
- Violation of Article 21 (Right to Dignity): Forcing a survivor into marriage with the accused undermines her right to live with dignity.
Societal Implications and Future Risks
- Normalization of Rape-Marriage Nexus: Encourages societal perception that rape can be ‘remedied’ by marriage.
- Undermining Women’s Rights Movements: Reverses decades of progress in gender justice by reinstating outdated beliefs.
- Weakening Deterrence Against Sexual Crimes: Allows accused individuals to evade accountability, reducing the deterrent effect of rape laws.
Conclusion
The practice of granting bail on the condition of marriage fundamentally undermines justice, perpetuates survivor trauma, and shifts the burden of rehabilitation from the state to the judiciary. A legal remedy should restore dignity and autonomy, not reinforce coercion and injustice. A re-evaluation of such judicial practices is imperative to align them with constitutional and human rights principles.
