General Studies Paper 3

Context: The annual State of World Population report 2023 by the UN Population Fund (UNFPA) stated that India’s population is expected to surpass that of China by the middle of this year at the latest.

History of India’s population

Population vs Economic development

• Starting point of this debate is Thomas Malthus’ argument in 1798.
  • Malthusianism is the theory that population growth is potentially exponential while the growth of the food supply or other resources is linear, which eventually reduces living standards to the point of triggering a population decline. This event, called a Malthusian catastrophe.
  • Since then, however, the world population has grown eight times to reach 8 billion.
• During the 1950s and 60s, “the general view of economists was that high birth rates and rapid population growth in poor countries would divert scarce capital away from savings and investment, thereby placing a drag on economic development.
• However, between the 1970s and 1990s, several studies “failed to detect a robust relationship between national population growth rates and per capita income growth”
• The global view reverted in the 1990s when researchers again found a clear “negative association between population growth and economic performance”.
  • During this time, World was also introduced to the concept of “demographic dividend” i.e., high economic growth when there is a bulge in the working-age population (roughly speaking, population between 15 and 65 years).

In Indian Context

• Opportunities for India:
  • Theory of demographic transition suggests that population growth is linked to overall levels of economic development as more people are able to produce more goods.
  • The rising young population (>66 % population in 15-59 age) provides India with a great opportunity for growth, peppered with the possibility of path-breaking innovation.
  • India’s population heterogeneity ensures that this window of demographic dividend becomes available at different times in different States.
  • Farming and industry will be able to benefit from economies of scale.
  • It will lead to higher tax revenues which can be spent on public goods, such as health care and environmental projects.
  • The size of the population is intimately connected to the global power dynamics shaping the relationship between nations and regions.
• Issues with population:
  • The increase in the working-age population may lead to rising unemployment, fueling economic and social risks.
  • High population growth also affects the faster depletion of resources.
  • The 65+ category is going to grow quite fast i.e., increase from 8.6% now to 13% by 2030.
  • If India is unable to reap demographic dividend, it will become a demographic disaster.

Lessons for India  

• India’s fertility rate (the number of children per woman) is already below the replacement rate of 2.1 but the population will peak by 2064.
• The bigger challenge now is to figure out how to best use India’s demographic dividend because despite China growing at remarkably high over the past four decades it may become old before becoming rich.
• Countries like Singapore, Taiwan and South Korea have already shown us how demographic dividend can be reaped to achieve incredible economic growth by:
  • Increasing women’s participation in the workforce. As of 2022,29.4 % of women were working or looking for work, down from 34.1% in 2003-04.
  • Investing more in children and adolescents, particularly in nutrition and learning during early childhood.
  • A greater focus needs to be on transitioning from secondary education to universal skilling and entrepreneurship, as done in South Korea.
  • Health investments – Evidence suggests that better health facilitates improved economic production.
  • Making reproductive healthcare services accessible on a rights-based approach. We need to provide universal access to high-quality primary healthcare.
  • India needs to address the diversity between States. Southern States, which are advanced in demographic transition, already have a higher percentage of older people.
  • A new federal approach to governance reforms for demographic dividend will need to be put in place for policy coordination between States on various emerging population issues such as migration, ageing, skilling, female workforce participation and urbanization.

Conclusion

• India has a window of opportunity to reap the benefits of demographic dividend until 2040s otherwise it could become demographic liability or demographic disaster.

General Studies Paper 3

Context: Recently, the World Meteorological Organization (WMO) released its State of the Global Climate 2022 report which pointed out that the Paris Agreement on Climate Change has been ineffective in fulfilling its agenda.

The Paris Agreement that serves as the centre point of ongoing global negotiation on climate change was inked in 2015.

What has the Report Highlighted on Performance of Paris Agreement?

Inability to Achieve Climate Related Goals:

• After signing of the Agreement, the last eight years (2015-2022) have consecutively been the warmest years on record globally.
• The situation could have been far worse if the La Nina weather event had not occurred in the past three years, which has a cooling effect on the weather system.
• Globally updated Nationally Determined Contributions (NDCs) to limit global warming to 1.5°C have failed even to achieve 2°C target.
• The Paris Agreement has not been able to equitably phase out fossil fuels predominantly responsible for the climate crisis.
• Neither the NDCs nor the disaster risk reduction and climate risk management plans are in place to combat climate-induced extreme weather phenomena.

Suggestions:

• To complement the Paris Agreement, a new global framework in the form of a Fossil Fuel Treaty should be introduced.
• Most industrialised and emission-belching countries should be made to follow the Paris Agreement’s commitments.
• Accelerated climate action with deeper, faster emissions cuts is needed as tools, the knowledge, and the solutions are available.
• There is a need to undertake massively scaled-up investments in adaptation and resilience, particularly for the most vulnerable countries and communities who have done the least to cause the crisis.

General Studies Paper 2

Context: The article explains the dilemma posed by Ukraine war for India foreign policy makers.

What is the Russian stand regarding the Ukraine war?

• As per Putin, the Ukrainian nation does not exist, and it is an inalienable part of Russia’s history, culture and spiritual space.” Such claims are made by hegemonic states to hide their intentions for dominance.
• Putin has accused the US and Europe of bad faith. Gorbachev was given assurance that NATO would advance “not an inch eastward”. This undertaking was allegedly violated when NATO included 10 former Warsaw Pact members.

How has conflict posed a dilemma for New Delhi?

• It remains engaged with Russia and China in the BRICS and Shanghai Cooperation Organisation (SCO), while also partnering with the US in the Quad and Malabar groupings. India simultaneously holds presidencies of the G20 and SCO. India will need a “tightrope walk” while maintaining “strategic autonomy”.
• The increasing closeness of Moscow with Beijing gives Beijing great leverage. It impacts Russia’s capacity to pursue independent relations with other states, especially India.
• There is a rapid decline in Russia’s capability as a defence supplier. It should be a cause of worry for India.
• The Quad and Malabar groupings show the convergence of US and Indian strategic interests. But their overall impact has been underwhelming. China sees this grouping as a potential impediment to its hegemonic grand plan. The Quad members except the US have also shown nervousness in their responses to China. Quad meetings have empahasised that the grouping has no security implications and is not an “Asian NATO”.

What are prospects of Indo-US cooperation in assisting India in improving the security scenario of India?

• In September 2021, Australia, the UK and US announced the formation of a trilateral security pact, AUKUS. Under it, the US and Britain will share many advanced technologies with Australia and would also assist it in acquiring a nuclear attack submarine force.
• AUKUS shows that there is complete absence of any similar offer of training, military technology or hardware, by the US to India. This is despite the strategic partnership and Indo-US civil nuclear deal and a host of defence-related agreements.
• An Initiative on Critical and Emerging Technologies (iCET) was announced in May 2022 by Joe Biden. It remains to be seen if iCET results in significant sales or transfer of technology to India or ends up like other Indo-US agreements.

What are the options for India to increase independence in defence supplies?

• Weak performance of India’s military-industrial complex has made it import-dependent for weaponry.
• While “atmanirbharta” is a good. But technology has long gestation periods. India should draw useful lessons from China.
• China has employed reverse engineering, coercion, and even blatant theft to acquire military technology from the USSR and the West.

General Studies Paper 2

Context: Recently, China’s legislature approved sweeping amendments to China’s anti-espionage law, broadening the scope of what may be defined as activities related to spying and national security.

China’s anti-espionage law

• The recent amendments are to China’s 2014 anti-espionage law. 
  • Article 1 of the law says the idea behind the legislation is “to prevent, stop and punish espionage conduct and maintain national security.”
• China broadened the law’s scope, with one of the changes declaring that “all documents, data, materials, and items related to national security and interests” will be protected on par with what is deemed state secrets.
• The transfer of any information deemed by authorities to be in the interest of what they define to be “national security” will now be considered an act of espionage.
• The latest change “improves the regulations on cyber espionage” and “clearly defines cyberattacks, intrusions, interference, control and destruction” as espionage.
• Other changes would include “clarifying the responsibility of national security organs in guiding and arranging publicity as well as provisions to strengthen the protection of personal information in counter-espionage work.

Objectives

• The amendments come amid a string of high-profile cases involving journalists, foreign executives, as well as international companies in China, who have come under the lens of authorities on national security grounds.
• The expanded law follows the Xi Jinping government’s increasing focus on “security” and a recent policy shift now emphasises the dual importance of “development and security”, rather than a focus solely on economic development.

Repercussions 

• The amended law is likely to have a chilling impact both within China and beyond.
• Chinese journalists, academics, and executives who frequently engage with foreign counterparts are likely to think twice before doing so, at least without explicit government sanction
• Unrestricted engagement between Chinese and foreign scholars, which has already become limited in the Xi Jinping era, is likely to become even rarer.

Impacts on India: Indian companies with a presence in China, particularly in sectors deemed to be sensitive such as pharma and IT, will likely need to review their exposure to risks under the expanded law and broadened definitions of “national security”, particularly amid deteriorating relations between the neighbours.

General Studies Paper 2

Context:  A report by Finland based group cited that India is leader of five countries named as the “Laundromat” countries.

• European Countries that imposed crude oil sanctions on Russia oil are using India, others as ‘laundromats’ for refined products.
• The report accused Indian sellers and European buyers of possibly “circumventing sanctions”by selling crude products from a refinery in Gujarat that is co-owned by Russian oil company Rosneft.

What are ‘Laundromat’ Countries?

• The so-called “laundromat” countries are countries that buy Russian oil and sell processed products to European countries, thus sidestepping European sanctions against Russian Oil.
• The five countries (India, China, Turkey, UAE and Singapore) are identified as ‘laundromats’ for Western countries by the Centre for Research on Energy and Clean Air (CREA).
• The five countries are responsible for 70 percent of Russia’s crude oil exports, the study highlighted.

Process of Circumventing sanctions (White-washing of Russian Oil)

• European countries are simply substituting oil products they previously bought directly from Russia, with the same products now “whitewashed” in third countries and bought from them at a premium.

Price Cap Coalition

• A coalition of G7 countries, the European Union and Australia have agreed to prohibit the import of crude oil and petroleum products of Russian origin, supported by a broad range of companies involved in the transport of oil.
• The G7 Oil Price Cap for crude oil of US$60 per barrel came into effect 5 December 2022.
• India’s stand is to remain non-committal on any such pricing cap arrangement.

General Studies Paper 2

Context: The Meitei community in Manipur has intended to file contempt proceedings against the Hill Areas Committee (HAC) of the Manipur Legislative Assembly.

About the Issue

• The Meitei community has been seeking the Scheduled Tribe status for decades. Recently, the Manipur High Court ordered the State government to recommend the inclusion of the Meitei community in the Scheduled Tribes list, following which the HAC passed a resolution opposing the high court’s order and called for the Union government and the State government to appeal it.

Procedure for Inclusion into the ST List

• As per the procedure for inclusion of a community in the ST list, any such recommendation must originate with a proposal from the concerned State or UT government. 
• This proposal is then sent by the Ministry of Tribal Affairs to the Office of the Registrar General of India (RGI). Once the Office of the RGI concurs to the inclusion, the National Commission of Scheduled Tribes must also do the same.
• Only then is the proposal sent to the Cabinet, following which a Bill needs to be passed in Parliament permitting the President of India to notify the inclusion.
• HAC is of the opinion that the inclusion of Meitei community into the Scheduled Tribes should be appealed keeping in mind the sentiments, interests and rights of existing Scheduled Tribes of Manipur.
• Meitei community has said that the HAC has no jurisdiction to pass such a resolution without the Speaker’s permission and this amounts to criminal contempt. 

About Meitei community

• Manipur’s two major tribal communities– Naga and Kuki – live in the hill districts, which account for about 90% of the state’s area.
  • But these 10 districts send only20 legislators to the 60-member legislative assembly since they are more sparsely populated than the Valley.
• The Meiteis account for roughly 64.6% of the state’s population and are largely concentrated in the Imphal Valley.
• They are currently categorised as OBCs or SCs, the Meitei people dominate in more than half the State’s Assembly constituencies. A majority of them identify as Hindu while about 8% are Muslim.

Article 371C Special provision with respect to the State of Manipur

• Article 371C was not a part of the Constitution of India 1950. It was inserted by the Constitution (Twenty-seventh Amendment) Act, 1971,following the formation of the new state of Manipur.
• Under Article 371C of the Constitution of India a special provision with respect to the State of Manipur was made providing for:
  • (i) constitution and functions of a committee of the Legislative Assembly of the State consisting of members of that Assembly elected from the Hill Areas of that State,
  • (ii) for the modifications to be made in the rules of business of the Government and
  • (iii) modifications in the rules of procedure of the Legislative Assembly of the State and
  • (iv) for any special responsibility of the Governor in order to secure the proper functioning of such a committee.
• It protects the tribal areas, restricts the people from the Valley or outsiders from buying and acquiring land in the hill districts.

Demand of Meitei Community

• The community argued that they had been listed as one of the tribes of Manipur before it merged with India in 1949 but that they lost this tag when the Constitution (Scheduled Tribes) Order, 1950 was drafted. Claiming that they had thus been left out of the ST list, they had persisted with their demands.
• Manipur’s Geography: The state’s geography is divided between a central valley that accounts for about 10% of the landmass of Manipur and is home primarily to the Meitei and Meitei Pangals who constitute roughly 64.6% of the state’s population. 
  • The remaining 90% of the geographical area comprises hills, surrounding the valley, that are home to the recognised tribes, about 4% of the population.
  • The geography, protections extended to the hill areas, and restrictions on the buying of land there have been central to the anxieties of the Meity community pressing for this demand.
• Opposition by ST Communities of Manipur:The ST communities of Manipur have been consistently opposing the inclusion fearing the loss of job opportunities and other affirmative actions granted to STs by the Constitution of India to a much-advanced community like the Meitei.
  • Other arguments against the demand have been that the Manipuri language of the Meiteis is included in the Eighth Schedule of the Constitution and that sections of the predominantly Hindu Meitei community are already classified as Scheduled Caste (SC) or Other Backward Classes (OBCs) and have access to the opportunities associated with that.

General Studies Paper 3

Context: Recently, many dog bite incidents spotlighted the link between urban solid waste management and stray dog attacks in Indian cities.

About Linkages between waste management and stray dog attacks

• The “carrying capacity” — the ability of a city to support a species — is determined by the availability of food and shelter.
• Free-ranging dogs are scavengers that forage around for food, eventually gravitating toward exposed garbage dumping sites.
• Dogs congregate around urban dumps, such as landfills or garbage dumps, due to feeding opportunities.
• Free-roaming dogs move towards densely-populated areas in cities, such as urban slums which are usually located next to garbage dumping sites and landfills.
• The proximity of residential areas to dumping sites and the rise in dog attacks speak to “core issues of unplanned and unregulated urban development.

Data Analysis

• A population boom in Indian cities has contributed to a staggering rise in solid waste.
• The estimates by the Ministry of Environment, Forest and Climate Change of India show that only 75-80% of the total municipal wasteis collected, and only 22-28% of it is processed.
  • The rest is dumped across cities, becoming food for stray dogs or clogging sewage systems.
• Cities have also witnessed a sharp increase in the stray dog population, which as per the official 2019 livestock census stood at 1.5 crores.

Issues and Challenges

• The existing systems for solid waste collection and disposal are chequered, with poor implementation and underfunding.
• Most metro cities are littered with garbage bins that are either old, damaged, or insufficient in containing solid wastes
• Urban local bodies are struggling to implement and sustain rules under the Solid Waste Management Rules 2016, such as the door-to-door collection of segregated waste.
• Development of cities,managing solid waste has become a daunting challenge,” and the “unconfined and unmanaged leftovers” end up aiding the proliferation of stray dogs.
• Tepid animal birth control programmes and insufficient rescue centres, in conjunction with poor waste management, result in a proliferation of street animals in India.
• India also shoulders the highest rabies burden in the world, accounting for a third of global deaths caused due to the disease.
• Frequent reports of dogs chasing people down the road, attacking and even “mauling” people to death have made the management of stray dogs an administrative and legal issue.

Measures and Initiatives of India

• India’s response to the “stray dog menace” has relied upon the Animal Birth Control (ABC) programme, through which municipal bodies trap, sterilise and release dogs to slow down the dog population.
• The second anchor is rabies control measures, including vaccination drives.
• Other measures include mass culling of dogs in States like Kerala or imposing bans on the entry of stray dogs in colonies or feeding them in public.
• In November 2022, the Nagpur Bench of the Bombay High Court ruled that people interested in feeding strays should first formally adopt them and feed them in their own homes, directing the municipality to impose a fine of ?200 on anyone found feeding dogs in public places.

Suggestion and Measures 

• Taking measures to curb exposed garbage is the first step to addressing stray dog bites.
  • Responsible waste management is the solution to this issue
• Proper management of refuse [solid waste] and a tolerant attitude towards dogs can ensure their peaceful co-existence with us.
• The cities need to learn to manage solid waste better, rabies vaccines, and dog sterilisation .
• All the waste collected should be transported to designated landfill sites.

General Studies Paper 2

Context: The Prime Minister recently addressed the first meeting of Finance Ministers and Central Bank Governors under India’s G20 Presidency.  He expressed concern that “progress on Sustainable Development Goals (SDG) seems to be slowing down”.

Sustainable Development Goals

• The United Nations Document “Transforming Our World: The 2030 Agenda for Sustainable Development”.
  • This agenda contains 17 goals and 169 targets.
• The agenda is built on the Millennium Development Goals (MDGs), which were adopted in 2000 and were to be achieved by 2015.
• SDGs provide a shared blueprint for peace and prosperity for people and the planet, now and into the future.
• They recognize that ending poverty and other deprivations must go hand-in-hand with strategies that improve health and education, reduce inequality, and spur economic growth – all while tackling climate change and working to preserve our oceans and forests.

India’s current SDG progress card

• About:
  • A recent study assesses India’s progress on 33 welfare indicators, covering nine SDGs and providing a mixed picture of positive and concerning trends.
• Improvements:
  • India is‘On-Target’ to meeting 14 of the 33 SDGs, including indicators for
    • Neonatal and under-five mortality,
    • Full vaccination, improved sanitation, and
    • Electricity access,
    • All of which have substantially improved in the last five years.
  • Skewed nature:
    • Unfortunately, the national ‘On-Target’ designation does not apply equally across all districts.
    • While neonatal and under-five mortality are currently both ‘On-Target’ for the country, 286 and 208 districts (out of 707 districts), respectively, are not.
    • Similarly, significant progress on access to improved sanitation excludes 129 districts that are not on course to meet this SDG indicator.
  • Following Indicators have improved across a vast majority of the districts between the years 2016 and 2021. They are:
    • Eliminating adolescent pregnancy,
    • Reducing multidimensional poverty, and
    • Women having bank accounts.
  • Concerns:
    • Of concern, for 19 of the 33 SDG indicators, the current pace of improvement is not enough to meet SDG targets.
    • Despite a national policy push for clean fuel for cooking, more than two-thirds (479) of districts remain ‘Off-Target’.
    • Similarly,some 415 and 278 districts are ‘Off-Target’ for improved water and handwashing facilities, respectively.
  • Heightened concern:
    • Of heightened concern are:
      • SDG indicators for women’s well-being and
      • Gender inequality.
    • Girl child marriage:
      • No district in India has yet succeeded in eliminating the practice of girl child marriage before the legal age of 18 years.
        • At the current pace, more than three-fourths (539) of districts will not be able to reduce the prevalence of girl child marriage to the SDG target of 0.5% by 2030.
      • Teenage pregnancy:
        • Unsurprisingly, other critical and related indicators such as teenage pregnancy (15-19 years) and partner violence (physical and sexual) that may be tracked back to child marriage are issues that India needs to escalate as priorities.
      • Mobile phone access for women:
        • Despite the overall expansion of mobile phone access in India (93% of households), only 56% women report owning a mobile phone, with 567 districts remaining ‘Off-Target’.

Strategy to apply

• Need of policy response:
  • Designing and implementing a policy response to a pressing issue is best viewed as an “optimisation problem” relying on political will, responsive administration, adequate resources, and sound data.
• Mission oriented outlook:
  • Strong and sustained political leadership supported by a responsive administrative structure at all levels, from national to the district level, is critical for the success.
  • Creating a mission-oriented ethos that is assessment-oriented and which provides adequate support for accomplishing India’s district-level SDGs is now urgently needed.
• Learning from COVID strategy:
  • India’s lessons from ‘dealing with COVID’ strategy that can inform and optimise India’s approach to its SDG targets.
  • Integrated digital platform:
    • India’s success with COVID-19 was largely possible both because of the existing digital infrastructure,as well as new, indigenous initiatives such as the Co-WIN data platform, and the Aarogya Setu application.
    • Following these examples, India must put in place a coordinated, public data platform for population health management, by consolidating its many siloed platforms into an integrated digital resource for district administrators, as well as State and national policy makers.
  • Relief packages:
    • A targeted SDG strategy delivered at scale must be executed with the same timeliness of India’s COVID-19 relief package.

Way ahead

• India needs to innovate a new policy path in order to meet the aspirations of its people in the decade ahead — there is no historical precedent for a democratic and economically open nation on how to deliver development to a billion-plus people in a manner that is healthy and sustainable.
• In successfully delivering a real-time response to the COVID-19 pandemic, India has proved that it is possible to deliver at scale in such an ambitious and comprehensive manner.
• To succeed in meeting its SDG targets, especially those related to population health and well-being, basic quality infrastructure, and gender equality, a similar concerted, pioneering, nation-wide effort would be the need of the hour.

General Studies Paper 3

Context: The Secretary General of the European Free Trade Association (EFTA) emphasizes the potential benefits of a Trade and Economic Partnership Agreement (TEPA) between India and Iceland, Liechtenstein, Norway, Switzerland (EFTA states).

• The high-level delegates from Iceland, Liechtenstein, Norway, Switzerland, and India met in April 2023, in New Delhi to discuss the prospects of resuming their negotiations towards a TEPA. A joint statement issued at the end of the talks reflects the parties’ common decision to “continue their efforts to resolve all outstanding issues and work towards deepening and strengthening the economic partnership”.
• They aim to deepen and strengthen their economic partnership and contribute to a more inclusive global trading system.

What is EFTA?

• EFTA is an intergovernmental organization that was established in 1960 as an alternative trade bloc for those European states that were unable or unwilling to join the European Union (EU).
• EFTA comprises Iceland, Liechtenstein, Norway, and Switzerland, which are not part of the EU but have access to its single market through various agreements.

What is the Economic Significance of EFTA States for India?

• Human Resource: Although the EFTA states have a small population of just over 14 million, their economies are among the world’s highest in innovation, competitiveness, wealth creation per inhabitant, life expectancy, and quality of life.
• Trade: They are the 10th largest merchandise traders and 8th largest services traders worldwide, with imports and exports of goods and services close to USD 1.3 trillion in 2021.
• World Leaders: EFTA companies are world leaders in pharmaceuticals, biotechnology, machinery manufacturing, R&D-driven technology products, geothermal-related technologies, marine technology, energy-related services, financial services, banking, and insurance.
• Success History of EFTA’s Trade Agreements: EFTA has a track record of negotiating mutually beneficial trade agreements with 40 partner countries, covering 29 free trade agreements (FTAs).
  • Nearly 22% of EFTA states’ imports come from these FTA partners.
  • Agreements are in place with Hong Kong, Indonesia, the Philippines, South Korea, and Singapore, and negotiations are ongoing with Malaysia, Thailand, and Vietnam.

What are the Potential Benefits of a TEPA?

• Increased Trade: A TEPA between India and EFTA states would foster a strong partnership and increase trade between trusted democratic partners that share values such as promoting sustainable development and gender equality.
• India’s impressive economic growth and leadership in green technologies would benefit from EFTA states’ complementary support by strengthening trade and investment ties.
• Market Access: Improved market access for goods would boost India’s export potential to EFTA markets, where the EFTA’s export products frequently serve as inputs in Indian export industries.
• Increased Investment: EFTA states have contributed significant investments of over USD 35 billion in India, spanning sectors such as machinery, electrical engineering and metals, pharmaceuticals, banking, financial services and insurance, construction, and fast-moving consumer goods (FMCG). The TEPA is estimated to increase investments in India significantly.
• Mutual Benefits: EFTA states benefit from the highly skilled Indian workforce, notably in the services sector.
  • India benefits from over 400 companies established by EFTA states, generating more than 1,50,000 jobs.
  • A trade agreement would increase predictability in the services sector, creating more business opportunities for skilled Indian service providers.
• Renewable Technologies: India aims to meet 50% of its energy needs with renewables by 2030, with potential for scaling up projects and cooperation in solar, wind, hydro, and geothermal power. EFTA states can contribute to India’s green growth aspirations with their cutting-edge technologies.

What are the Challenges?

• Addressing Differences in Economic Structures: The EFTA states are highly developed economies with a focus on high-tech industries and services, while India is a developing economy with a more diverse economic structure.

Bridging the gap between these different economic structures may be a challenge in negotiating a TEPA.

• Market Access Challenges: The agreement must address market access issues and address concerns regarding tariffs, quotas, and non-tariff barriers, to ensure free and fair trade between the parties.
• Regulatory Challenges: Differences in regulations, standards, and legal frameworks can pose a challenge for establishing a smooth trading relationship.

Addressing regulatory barriers and streamlining procedures can be time-consuming and require extensive cooperation between the parties.

• Competitive Challenges: EFTA states are small, but their economies are highly competitive, particularly in sectors such as pharmaceuticals, biotechnology, and machinery manufacturing.

Addressing competitive challenges to ensure a level playing field and fair competition is essential.

• Environmental and Social Challenges: Addressing environmental and social challenges, such as promoting sustainable development and gender equality, is crucial in establishing a long-term, successful partnership between the parties.
• Negotiation Challenges: Negotiating a mutually beneficial agreement that meets the interests of all parties involved can be challenging.

This includes addressing outstanding issues and achieving a balanced agreement with strong political involvement and guidance.

Way Forward:

• Address Outstanding Issues: The high-level delegates from EFTA and India should work towards resolving any outstanding issues that may hinder the conclusion of a mutually beneficial TEPA.
• Identify Areas of Mutual Benefit: The parties should identify areas of mutual benefit, such as technology transfer, R&D and innovation, business collaboration, and market access for goods, to increase trade and investment ties.
• Collaborate on Skilled Labour: The TEPA should also focus on increasing predictability in the services sector, creating more business opportunities for skilled Indian service providers and contributing to the economic growth and welfare of both countries.

Strong Political Involvement and Guidance: India and EFTA should prioritize the TEPA negotiations and provide strong political involvement and guidance to ensure a swift process towards a balanced agreement.

General Studies Paper 2

Context: Recently, the Supreme Court of India began hearing a series of petitions seeking solemnisation of same-sex marriage under the Special Marriage Act. The Special Marriage Act of 1954 provides a civil form of marriage for couples who cannot marry under their personal law.

In the proceedings the center advised the Supreme Court to defer the case to Parliament on the matter, stating that the law cannot be revised to permit same-sex marriage again.

In this context, there is a need to look into the matter of Same-sex marriage and its related issues.

What are Arguments Against the Same Sex Marriage?

• Religious Definitions of Marriage: Marriage has traditionally been between a man and a woman in many religions. The Special Marriage Act, 1954 was created to overcome the limitations of religious personal laws, not to create a new institution of marriage.
• ‘Legitimate’ Interest of State: The state has a legitimate interest in regulating marriage and personal relationships, as seen in laws regarding age of consent, prohibited degrees of marriage, and divorce. The right to marry is not absolute and subject to state laws. Just like a parent cannot claim absolute control over their child’s education, individuals cannot claim absolute control over their personal relationships.
• The state can claim legitimate interest to regulate, when to marry, how many times to marry, whom to marry, how to separate, and law on bestiality or incest.
• The Right to Privacy: In 2017, the Supreme Court recognized the right to privacy as a fundamental right and stated that sexual orientation is a crucial part of one’s identity that must be protected without discrimination.
• However, privacy exists but it cannot be extended to marriage, which has a necessary public element. Consenting sexual relationships between adults are private, but marriage has a public aspect that cannot be ignored.
• Legislation by Parliament: Only Parliament has the authority to decide on same-sex marriage as it is a matter of democratic right and court should not legislate on the issue. There could be potential unintended consequences in law and the complexity of dealing with the various permutations and combinations of genders falling under the LGBTQIA+ community (which has 72 categories).
• Interpreting the Law: The Special Marriage Act (SMA) cannot be interpreted to include same-sex marriage because the Act’s entire architecture would need to be examined, not just a few words. For example, the Act provides specific rights to a wife, and it’s unclear who would have these rights in a same-sex marriage. Additionally, allowing one party in a same-sex marriage to have a specific right could create a problem for heterosexual marriages.
• Law provides specific rights to a wife like “the law says that the wife acquires the domicile of the husband upon marriage. So, who will be the wife in a same-sex marriage?”
• Issue of divorce, under the SMA, a wife may seek divorce on the ground that her husband has been guilty of rape, sodomy, or bestiality.
• Issues with Adoption of Childrens: When queer couples adopt children, it can lead to societal stigma, discrimination, and negative impacts on the child’s emotional and psychological well-being, especially in Indian society where acceptance of the LGBTQIA+ community is not universal.
• Gendered terms: Argument that gendered terms like ‘mother’ and ‘father’, ‘husband’ and ‘wife’ would be problematic in same-sex marriages.

What are Arguments in Favour of Same Sex Marriage?

• Threat to Human Race: Opposing same-sex marriage by saying it will end the human race is unreasonable because adoption is a solution for queer couples who want to raise children.
• Elitist Concept: The demand for marriage equality comes from less economically privileged people who need legal protection. Claiming that it’s a matter for urban elites is deceptive. E.g. The story of Leela and Urmila, two policewomen who were suspended and locked up for getting married in 1987, shows the discrimination faced by LGBTQIA+ people in society.
• Extend Special Marriage Act to Queer Indians: The Special Marriage Act should be extended to include queer Indians by using gender-neutral language like “spouse” instead of “husband” or “wife”. This would grant them the right to marry without asking for special rights.
• The Special Marriage Act allowed for a Bengali Hindu and an Anglo-Indian Roman Catholic to marry in 2006, and they hope this legislation will be extended to queer Indians.
• Cohabitation as a Fundamental Right: The Chief Justice of India (CJI) acknowledged that cohabitation is a fundamental right, and it is the government’s obligation to legally recognize the social impact of such relationships.
• The justices suggested that recognition is needed for such relationships to receive certain benefits, but not necessarily as marriage. The CJI emphasized the importance of providing a sense of security and social welfare for people in such relationships.
• The court suggested labels like “contract” or “partnership” instead of “marriage”. The government said there is no fundamental right to seek recognition of same-sex relationships as marriage.
• The Supreme Court of India discussed the recognition of cohabitation as a fundamental right for same-sex couples, which would entitle them to benefits without being equated to marriage.
• Assimilation of same-sex couples: The CJI has emphasized the need to assimilate same-sex couples into society rather than ostracizing them. The decriminalization of Section 377 of the IPC has recognized the existence of same-sex relationships.
• Government should address the practical issues faced by same-sex couples, such as joint bank accounts and entitlement to pension and gratuity.
• Indian Culture and Value System: In culturally rich India, where social norms and obligations wield significant influence, the acceptance of same-sex relationships still poses a challenge, even after legal recognition.
• It goes against the traditional values and beliefs of the Indian society. However, the recognition of same-sex marriage adds to the diversity of relationships that exist in society.
• Human Dignity: In Navtej Singh Johar vs. Union of India, the Supreme Court granted same-sex couples the freedom to lead a dignified private life.
• Biological gender is not ‘absolute: The Supreme Court of India says that biological gender is not absolute, and that gender is more complex than just one’s genitals. There is no absolute concept of a man or a woman.
• ‘Bouquet of rights’ being denied: The LGBTQIA+ community is being denied important legal benefits like tax benefits, medical rights, inheritance, and adoption by not being allowed to marry. Marriage is not just about dignity, but also a collection of rights.

Way Forward:

• Raise awareness: The purpose of awareness campaigns is to promote equality and acceptance of all sexual orientations and expand public opinion about the LGBTQIA+ community.
• Legal reforms: Amends in the special marriage Act to allow same-sex couples to legally marry and enjoy the same rights and benefits as opposite-sex couples. Meanwhile bring the contract like agreement so the homosexual people can enjoy similar rights like heterosexuals.
• Dialogue and engagement: Engaging in a dialogue with religious leaders and communities can help bridge the gap between traditional beliefs and modern attitudes towards same-sex relationships.
• Legal challenges: The Indian LGBTQIA+ community can challenge the constitutionality of the current laws that prevent same-sex marriage in court. Such legal challenges can help establish a legal precedent that will pave the way for the legalization of same-sex marriage.
• The legalization of same-sex marriage requires a concerted effort from all stakeholders, including the LGBTQIA+ community, the government, civil society, and religious leaders. By working together, we can create a more inclusive society where everyone has the right to love and marry whomever they choose, regardless of their gender.