Editorials/Opinions Analysis For UPSC 3rd September 2024

Content:

1. The Disaster Management (Amendment) Bill is knotty
2. Dealing at a China-Africa forum that India must track
3. Dealing at a China-Africa forum that India must track
4. Monsoon Comfort

The Disaster Management (Amendment) Bill is knotty

Context: On August 1, 2024, the central government introduced the Disaster Management (Amendment) Bill in the Lok Sabha, citing the growing frequency of climate-induced disasters.

Relevance: General Studies (GS) Paper II – Polity and Governance

Mains Question: Critically examine the Disaster Management (Amendment) Bill, 2024, in the context of its approach towards centralization and its implications for managing climate-induced disasters in India. (10M, 150 words)

• Overview of the Bill:
  • The Disaster Management (Amendment) Bill, 2024, seeks to further centralize disaster management under the already existing Disaster Management Act, 2005.
  • It mandates the creation of new authorities and committees at national, state, and district levels.
  • The Bill provides statutory status to pre-existing bodies like the National Crisis Management Committee and a High-Level Committee.
• Concerns Over Centralization:
  • The proposed Bill strengthens a top-down approach, complicating the action plan in case of delayed response to disasters.
  • There is concern about the dilution of the National Disaster Response Fund (NDRF) as the Bill removes the purpose for which the fund should be used.
  • The over-centralization of decision-making in the Bill is seen as detrimental, especially in severe disaster scenarios where prompt local action is crucial.
• Decentralization and Financial Devolution Issues:
  • The Bill claims to decentralize functions to State and municipal levels by creating an ‘Urban Disaster Management Authority.’
  • However, this decentralization is not backed by necessary financial powers, leading to potential inefficiencies.
• Restricted Definition of ‘Disaster’:
  • The Bill does not expand the list of notified disasters to include climate-induced events like heatwaves.
  • Despite the increasing frequency and severity of heatwaves, which have led to significant loss of life, they are not recognized as disasters under the Act.
• Implications of the Restricted Definition:
  • The exclusion of climate-induced disasters like heatwaves, which vary geographically, from the Act raises questions about the adequacy of current disaster definitions.
  • This exclusion poses a significant issue as the localized nature and impact of such disasters become more apparent with climate change.
• Relevant Issues and Lessons Unlearned:
  • The Bill does not address the power dynamics between central and state governments, particularly the latter’s reliance on central funds for disaster management.
  • The Bill seems to overlook the need for financial preparedness and the experiences of past disaster management failures.
  • A critical need is identified for revisiting the criteria of disasters under the Act to account for climate change-related events.

Conclusion: The Disaster Management (Amendment) Bill, 2024, while aiming to strengthen disaster management frameworks, raises significant concerns about centralization and the exclusion of critical climate-induced disasters. The Bill’s top-down approach, lack of financial devolution, and restricted disaster definitions may undermine its effectiveness. Revisiting the criteria for disasters and ensuring balanced power dynamics between the central and state governments are essential for addressing the challenges posed by increasingly frequent and severe climate-related disasters in India.

Dealing at a China-Africa forum that India must track

Context: The ninth edition of the Forum on China-Africa Cooperation (FOCAC) is scheduled to take place from September 4-6, 2024, in Beijing.

Relevance: General Studies (GS) Paper II – International Relations

Mains Question: Critically analyze the implications of China’s deepening engagement with Africa through the Forum on China-Africa Cooperation (FOCAC) and discuss the strategic measures India should adopt to strengthen its relations with African countries. (15M, 250 words)

• Significance of FOCAC for Africa:
  • FOCAC is becoming increasingly important for African countries as it presents opportunities for infrastructure development, economic aid, and political support.
  • Africa is seeing a growing number of international summits and engagements, which has led to what is being termed ‘summit fatigue.’
  • Despite this, China’s financial commitments have been substantial, with a focus on infrastructure and debt-driven diplomacy.
• African Priorities at FOCAC 2024:
  • African countries are seeking to boost trade, enhance agricultural productivity, and address debt sustainability.
  • The focus has been on increasing African exports to China, with the goal of improving trade balances.
  • Challenges persist, such as low value addition in African exports and insufficient industrial capacity to meet domestic and international demands.
• China’s Role in African Debt and Economic Growth:
  • China’s significant role in Africa’s debt landscape has sparked debates about debt sustainability and the risks associated with ‘debt trap diplomacy.’
  • Chinese loans account for a notable portion of Africa’s public and private debt, which has raised concerns among international observers and African nations alike.
  • China’s investments are often criticized for lacking transparency, with issues surrounding non-disclosure of debt agreements.
• India’s Strategic Interest in Africa:
  • India has been actively engaging with Africa through initiatives like the India-Africa Forum Summit (IAFS) and the EXIM Bank’s efforts.
  • India’s engagement is characterized by a focus on capacity building, skill development, and sustainable economic partnerships.
  • India’s approach is distinct from China’s, as it emphasizes democratic values, transparent governance, and mutual benefit.
• Challenges and Opportunities for India:
  • India must navigate the complex geopolitical landscape of Africa, where Chinese influence is dominant.
  • African countries are looking to diversify their international partnerships to avoid over-reliance on China.
  • India has the opportunity to offer alternatives in areas such as digital technology, education, healthcare, and sustainable development.
• African Debt, Lessons for India:
  • Africa’s debt situation presents a cautionary tale for India, highlighting the need for transparent and sustainable financial practices.
  • India’s potential to contribute to African development lies in providing expertise in renewable energy, digital payments, and education, areas where India has a competitive edge.
• Technology and Digital Engagement:
  • India can leverage its strengths in digital payments, mobile connectivity, and healthcare technology to deepen its engagement with Africa.
  • The introduction of India’s digital platforms like UPI and RuPay could transform financial transactions in Africa and offer a viable alternative to Chinese systems.

Conclusion: The Forum on China-Africa Cooperation (FOCAC) is a critical event that underscores China’s deepening ties with Africa, posing both challenges and opportunities for India. As China continues to consolidate its influence, India must strategically strengthen its engagements with African nations, focusing on sustainable development, technology, and transparent partnerships. India’s unique value proposition lies in offering an alternative model of engagement that prioritizes mutual benefit, respect for sovereignty, and long-term development goals.

POCSO court in Ajmer convicted six individuals to life imprisonment

Context: On August 20, 2024, a significant legal case concluded when a POCSO court in Ajmer convicted six individuals to life imprisonment, 32 years after the case of blackmail and sexual abuse surfaced. Shortly after, the Delhi High Court allowed a complainant to withdraw her case due to the overwhelming burden of continuous court appearances, a situation described as “litigation fatigue” by the Bench. These instances highlight the systemic issues within India’s judicial system, underscored by President Droupadi Murmu’s recent address at the National Conference of the District Judiciary, where she termed it the “Black Coat Syndrome.”

Relevance: General Studies (GS) Paper II – Polity and Governance

Mains Question: Examine the structural challenges faced by the Indian judiciary, particularly in the context of ‘litigation fatigue’ and ‘Black Coat Syndrome,’ and suggest reforms to address these issues effectively. (10M, 150 words)

• Judicial Delays and Their Impact:
  • The judicial system is burdened by a massive backlog of cases, with over five crore cases pending across different levels of the judiciary, according to the National Judicial Data Grid.
  • The slow pace of justice delivery, exacerbated by repeated adjournments, often leads to “litigation fatigue” among litigants, particularly those from economically weaker sections.
  • The President’s reference to “Black Coat Syndrome” reflects the financial and emotional toll on the poor, who often hesitate to pursue prolonged legal battles.
• Structural Issues in the Judiciary:
  • One of the critical issues is the shortage of judges, with India having only 15 judges per 10 lakh people, far below the Law Commission’s recommendation of 50 judges per 10 lakh population.
  • The lack of adequate manpower and support staff further hampers the judiciary’s ability to function efficiently.
  • Despite attempts to modernize the system, such as e-filing and alternative dispute resolution mechanisms like Lok Adalats, progress has been slow.
• Need for Comprehensive Judicial Reform:
  • The Chief Justice of India (CJI) has outlined a plan to address the systemic delays, particularly in light of the recent conviction in the Balasore rape and murder case, which took 14 years to resolve.
  • Reforms must focus on increasing the number of judges, improving infrastructure, and ensuring timely justice, especially in cases involving vulnerable groups such as women and children.
  • The judiciary must balance the need for swift justice with maintaining the integrity and fairness of the legal process.
• Challenges in Implementing Reforms:
  • The slow pace of reform implementation is often due to a combination of bureaucratic inertia and resistance to change within the system.
  • Ensuring adequate resources, both financial and human, is critical to addressing the backlog and improving the efficiency of the judiciary.
  • The faith of citizens in the judicial system hinges on its ability to deliver timely and fair justice, and this can only be achieved through sustained and comprehensive reforms.

Conclusion: The Indian judicial system is at a critical juncture, with urgent reforms needed to address the pervasive issues of judicial delays and “litigation fatigue.” The concept of “Black Coat Syndrome” highlights the financial and emotional burdens placed on litigants, particularly the poor. Comprehensive judicial reform, focusing on increasing judicial capacity, improving infrastructure, and ensuring the timely resolution of cases, is essential to restore faith in the judiciary and uphold the rule of law in India.

Monsoon Comfort

Context: India has experienced a robust Southwest monsoon, with rainfall 7.5% above average, resulting in a surplus in key agricultural commodities, particularly rice and sugar. This has prompted the government to reconsider its anti-inflationary measures, such as export restrictions on these staples. The article discusses recent government actions, including the lifting of the ban on sugar mills producing ethanol and the potential relaxation of curbs on rice exports.

Relevance: General Studies (GS) Paper III – Economy (Agriculture)

Mains Question: Discuss the implications of lifting export restrictions on agricultural commodities like rice and sugar in the context of a surplus monsoon. Evaluate the potential economic impacts on domestic prices, farmer incomes, and international trade. (15M, 250 words)

Main Body:

1. Monsoon and Agricultural Abundance:
   • The good Southwest monsoon has led to a significant surplus in agricultural production, with July and August witnessing 9% and 15.3% surplus rainfall, respectively.
   • This has resulted in expectations of bumper crops, particularly in rice and sugarcane, setting the stage for potentially high yields in the coming months.
2. Government’s Response to Surplus:
   • On August 29, the government lifted the ban on using sugar for ethanol production, a move reflecting confidence in domestic sugar availability.
   • Similarly, rice export restrictions have been relaxed to allow the use of 2.3 million tonnes from the Food Corporation of India’s stocks for ethanol production, signaling a shift in policy driven by surplus production.
3. Need for Further Relaxation:
   • Despite these measures, the government is also considering lifting the ban on white non-basmati rice exports, effective since July 2023.
   • Public warehouses held 45.5 million tonnes of rice as of August 1, 2024, the highest in recent years, indicating ample supply that could justify further export relaxations.
4. Economic Implications of Export Curbs:
   • The current export curbs, particularly the 20% duty on parboiled non-basmati rice and the $950/tonne minimum export price on basmati shipments, need reevaluation.
   • Farmers are concerned that maintaining these restrictions could lead to unmanageable surpluses, resulting in a decline in domestic prices and affecting their incomes.
   • The government must balance the need to control inflation with the necessity of providing farmers with fair prices for their produce.
5. Shifting Market Dynamics:
   • The market is showing signs of evolving supply situations, with a reduction in rice and sugar stocks and rising international prices.
   • The disparity between the government’s focus on controlling prices and the realities of surplus production poses challenges that need immediate policy attention.
6. Potential Risks and Recommendations:
   • If export curbs are not removed promptly, the surplus could lead to price crashes, negatively impacting farmers and the agricultural economy.
   • The government should consider phased relaxation of export duties and minimum price restrictions to ensure that farmers can benefit from the current global demand.

Conclusion: The favorable monsoon has created a situation where India is poised to benefit from abundant rice and sugarcane production. However, the continuation of export curbs risks creating a domestic surplus that could harm farmers by depressing prices. The government must strike a balance between maintaining food security and allowing farmers to take advantage of favorable international market conditions. Timely policy adjustments are crucial to prevent a situation where the benefits of a good monsoon are undermined by rigid export controls.