📰 Rohingya repatriation deal signed
Bangladesh to return 6,00,000 Muslim refugees to Myanmar; process expected to start in two months
•Bangladesh and Myanmar have signed a memorandum of understanding on Thursday on the return of Rohingya people who fled the Rakhine state in the wake of a military crackdown.
•The deal was signed by Bangladesh Foreign Minister A.H. Mahmud Ali and Myanmar State Counsellor Aung San Suu Kyi in Myanmar’s capital Naypyidaw. At least 600,000 Rohingya people have fled Myanmar to the neighbouring Bangladesh since the army started an operation in August following an attack by Rohingya militants.
•Under the deal, the repatriation process is expected to begin in two months, diplomatic sources in Dhaka told The Hindu .
Primary step
•“This is a primary step. (They) will take back (Rohingya). Now we have to start working,” Foreign Minister Ali told a Bangladesh TV channel. “We will give details of the deal once we return to Dhaka.”
•Asked when the repatriation will start, the Minister said: “We have to start the process. The houses there have been torched... levelled. They need to be rebuilt.” “We are ready to take them back as soon as possible after Bangladesh sends the forms back to us,” said Myint Kyaing, a permanent secretary at Myanmar’s Ministry of Labour, referring to the registration forms the Rohingya must fill in with personal details.
•Just before signing the deal, Prime Minister Sheikh Hasina renewed her call to Myanmar to immediately start the repatriation of Rohingya. “We’re continuing our bilateral talks with Myanmar so that these Myanmar nationals could return to their country... ,” she said.
•Diplomatic sources said Bangladesh wanted a time frame for the beginning and end of repatriation which Myanmar did not agree to. Dhaka also sought the involvement of UN agencies in the verification process, which was also rejected by the other side.
Joint working group
•“We’ve agreed on many things though our expectation is not met fully. It's not possible in any negotiation,” a senior Bangladesh official told a Bangladesh news agency.
•The two countries, however, agreed to form a joint working group at the Foreign Secretary-level to start the repatriation process.
•Bangladesh Foreign Secretary M. Shahidul Haque, the country’s envoy to Myanmar, M. Sufiur Rahman, and representatives from the Home Ministry and the Prime Minister’s Office also attended the meeting.
•Ms. Suu Kyi’s office called Thursday’s agreement a “win-win situation for both countries”, saying the issue should be “resolved amicably through bilateral negotiations”.
•Rights groups have raised concerns about the process, including where the minority will be resettled after hundreds of their villages were razed, and how their safety will be ensured in a country where anti-Muslim sentiment is surging.
‘Ethnic cleansing’
•On Wednesday, the U.S., in what appeared to be a policy reversal, called the military operation in Rakhine “ethnic cleansing” and threatened targeted sanctions against those responsible for it.
•“The situation in northern Rakhine state constitutes ethnic cleansing against the Rohingya,” U.S. Secretary of State Rex Tillerson said in a statement.
•The stateless Rohingya have been the target of communal violence and vicious anti-Muslim sentiment in mainly Buddhist Myanmar for years.
•They have also been systematically oppressed by the government, which stripped the minority of citizenship and severely restricts their movement, as well as their access to basic services.
📰 Keeping TB away with a healthy diet
ICMR to monitor 2000 patients in Jharkhand to determine role of good diet.
•Can a healthy diet stave off tuberculosis? The Indian Council of Medical Research (ICMR) will monitor 2000 TB patients in Jharkhand and additionally ensure that they are well fed to determine the extent to which a good diet can influence tuberculosis treatment.
•While the link between a healthy diet and effectiveness of drugs used to treat TB may appear obvious, previous attempts at supplementing patients’ diets with micronutrients alone have not led to significant health improvements. “What we plan to do so is ensure that a cohort group gets wholesome nutrition and ideal care and then quantify its benefits,” said Soumya Swaminathan, Head, ICMR. Given the infectious nature of tuberculosis, the study is also designed to test if — beyond the patients under scrutiny — the villages where they reside also show a decline in disease incidence.
•The department is drawing inspiration from an experiment in the early 20th century in England, where tuberculosis patients — in the absence of viable drugs — were given a nutritious diet. It turned out, said Dr. Swaminathan, that overall health in the community vastly improved as the patients got better and spread less disease to family and neighbours.
•The outcomes of the study, which is expected to last over a year, will influence an ongoing government proposal to provide cash assistance to tuberculosis patients to help them with adequate nutrition.
•Under the Revised National Tuberculosis Control Programme (RNTCP), the Health Ministry is mooting a proposal to provide ₹ 5,000 to those affected by TB. Several States offer cash assistance to Below Poverty Line families afflicted by tuberculosis. “If malnutrition emerges as a key factor in tuberculosis, that would mean funds have to be accordingly provisioned to address it,” Dr. Swaminathan added.
•According to a report earlier this year from the World Health Organisation, death from tuberculosis in India saw a 12% decline from last year and the number of new cases, or incidence, saw a 1.7% decrease. With 2.79 million new cases in 2016, India continued to be the largest contributor to the global burden with up to a quarter of the 10.1 million new cases of TB.
📰 President’s nod for bankruptcy ordinance
Wilful defaulters barred from being resolution applicants; fines of ₹1 lakh to ₹2 crore for violations
•President Ram Nath Kovind on Thursday gave his assent to the Ordinance approved by the Union Cabinet to amend the Insolvency and Bankruptcy Code (IBC) to strengthen the regime.
•The Ordinance aims at putting in place safeguards by prohibiting wilful defaulters, those associated with non-performing assets (NPAs), and the habitually non-compliant, from regaining control of the defaulting company or stressed assets through the back door in the garb of being a ‘resolution applicant’.
•“The sale of property to a person who is ineligible to be a resolution applicant ... has been barred,” an official statement said. Significantly, the amendments also provide for fine ranging from ₹1 lakh to ₹2 crore for those violating these norms.
Ineligible persons
•According to the statement, a new section has been introduced in the IBC that makes certain persons ineligible to be a ‘resolution applicant’. Those being made ineligible include “wilful defaulters, those who have their accounts classified as NPAs for one year or more and are unable to settle their overdue amounts include interest thereon.”
•The ineligible persons also include those who have executed an enforceable guarantee in favour of a creditor, in respect of a corporate debtor undergoing a Corporate Insolvency Resolution Process or liquidation process under the IBC. Also ineligible are those who are promoters or in management of control of the resolution applicant, or will be promoters or in management of control of corporate debtor during the implementation of the resolution plan, the holding company, subsidiary company, associate company or related party of the above referred persons, the statement said.
•To ensure that the norms are enforced effectively, a new section “provides for punishment ...(which) is fine, which shall not be less than ₹1 lakh but which may extend to ₹2 crore.”
•The Ordinance aims at putting in place safeguards to prevent unscrupulous, undesirable persons from misusing the IBC, the statement said. Actions against defaulting companies to prevent misuse of corporate structures for diversion of funds, as well as weeding out of unscrupulous elements from the resolution process “would help strengthen the formal economy and encourage honest businesses and budding entrepreneurs to work in a trustworthy, predictable regulatory environment,” it added.
•In addition to putting in place restrictions for such persons to participate in the resolution or liquidation process, the amendment also provides such check by specifying that the Committee of Creditors (CoC) should ensure the viability and feasibility of the resolution plan before approving it. The Insolvency and Bankruptcy Board of India (IBBI) has also been given additional powers.
•The regulations by the IBBI were also amended recently to ensure that information on the antecedent of the applicant submitting the resolution plan along with information on the preferential, undervalued or fraudulent transactions are placed before the CoC for it to take an informed decision on the matter, the statement said.
•It has also been specifically provided that CoC shall reject a resolution plan, which is submitted before the commencement of the Ordinance but is yet to be approved, and where the resolution applicant is not eligible as per the new norms. “In such cases, on account of the rejection, where there is no other plan available with the CoC, it may invite fresh resolution plans,” the statement said.
📰 ‘IBC ordinance will affect pending suits’
Bidder eligibility, a problem: lawyers
•The biggest concern regarding the amendments to the Insolvency and Bankruptcy Code (IBC) is that they will cause disruption in nearly all pending insolvency proceedings, according to leading insolvency lawyer Sumant Batra.
•This is because the eligibility of all bidders will have to be ascertained before examining their bids. “Earlier, the resolution plan had to qualify for consideration. Now, the bidder has also to qualify,” Mr. Batra said.
•In cases where only the promoter has submitted a plan, and such a promoter is found to be ineligible, fresh bids would need to be invited, he pointed out.
•Mr. Batra, who is the managing partner of law firm Kesar Dass B. & Associates, said, “If the total time of 270 days has lapsed in these cases or no bidder comes forward, the debtor will be pushed into liquidation. In cases, where the creditors have not approved the criteria for inviting of bids by the resolution professional, their approval would have to be obtained.”
‘Unduly harsh’
•Besides, the amendments are unduly harsh to bonafide defaulters and guarantors. “Just because an account has turned non-performing, it does not render its promoter dishonest. Every default cannot be equated to malfeasance,” he said, adding that it was unfair to exclude them from consideration by bracketing them with dishonest promoters.
•Identification of wilful defaulters has been left to the banks. Though this might be on the basis of RBI guidelines, the risk is that the promoter will challenge such determination by the lender in court and seek stay of insolvency proceedings till the challenge is decided, he said.
•“It is possible that the court does not stay the insolvency process and the promoter loses his company. But later, if the bank’s decision is found to be illegal by the court, the promoter would become entitled to claim damages from the bank,” Mr. Batra said.
•Besides, the amendments place foreign bidders in an advantageous position as the concept of wilful defaulters may not exist in other countries and the disqualification criteria in corresponding situations may also be different or even harsher, he said.
•“This will pose a challenge for resolution applicant in determining eligibility of foreign bidders,” he added.
•Diwakar Maheshwari, partner, Khaitan & Co, said, “While the amendments lay down certain ineligibilities in qualifying as a resolution applicant, what about a situation if such ineligibilities are already a subject matter of challenge before a court of law (sub-judice)? Would such applicant still be ineligible or otherwise?”
📰 Bamboo ceases to be a tree, freed of Forest Act
•After 90 years, the bamboo has legally ceased to be a tree with the government, on Thursday, amending the Indian Forest Act and axing the bamboo — taxonomically a grass — from a list of plants that also included palms, skumps, brush-wood and canes. In doing so, said Union Environment Minister Dr. Harsh Vardhan, the government hoped to promote cultivation of bamboo in non-forest areas to achieve the “twin objectives” of increasing the income of farmers and also increasing the green cover of the country. Bamboo grown in the forest areas would continue to be governed by the provisions of the Indian Forest Act.
•For several years now, the classification of the bamboo — with its multifarious uses as an edible item, furniture and construction — as a tree meant that it couldn’t be easily ferried across State borders. It also required permits from village councils and couldn’t be cultivated in non-forest areas.
•“This will now create a viable option for cultivation in 12.6 million hectares of cultivable waste land. It will encourage farmers and other individuals to take up plantation/block plantation of suitable bamboo species on degraded land, in addition to plantation on agricultural land and other private lands under the agro-forestry mission,” the Minister added in a press statement.
•The current demand of bamboo in India is estimated at 28 million tonnes. Though the country has 19% share of the world’s area under bamboo cultivation, its market share in the sector is only 6%. At present, it imports timber and allied products, such as pulp, paper, and furniture. In 2015, it imported about 18.01 million cubic metres of timber and allied products worth ₹43,000 crore. The amendment will help in addressing some of these issues, besides meeting the demand from domestic production, the press note added.
•The amendment was cleared as an ordinance and is therefore yet to get parliamentary backing. However experts welcomed it saying that it removed ambiguity on the status of bamboo and also brought it in harmony with the related Forest Rights Act. “Tribals have a right to forest produce but its earlier classification posed problems,” said environmental lawyer, Ritwick Datta.
📰 More seats for Sikkim Assembly
Proposal to help Limboos, Tamangs
•The Home Ministry has proposed an increase in the number of seats in the Sikkim Assembly from 32 to 40. The expansion will be the first since the State merged with India in 1975.
•The seats are being increased to accommodate people from the Limboo and Tamang communities, notified as the Scheduled Tribes in Sikkim in January 2003. Of the eight seats proposed to be increased, five will be reserved for Limboo and Tamangs. Now, Sikkim has 12 seats reserved for Bhutias and Lepchas, two for the Scheduled Castes, one seat for the Sanghas and 17 general seats. As per constitutional provisions, the total number of seats for STs should be in proportion to the population.
•The seats for Bhutia and Lepchas are reserved not on the basis of them being a Scheduled Tribe, but as a sequel to a political agreement in 1973 between the Government of India, ex-Chogyal (King) of Sikkim and political parties.
•A petition was moved in the Supreme Court that Limboo and Tamangs were not adequately represented in the Assembly and the apex court on January 4, 2016 directed the Home Ministry to take necessary action. A senior government official said a proposal has been sent to the Ministry of Law and Justice to amend the Representation of the People Act (RPA) for the purpose. As per the Delimitation Act, 2002, the number of seats in an Assembly of any State can only be readjusted on the basis of the first census conducted after 2026.
•The Law ministry also said that the final order made by the Delimitation Commission could not have been challenged by any court but the special constitutional provision to Sikkim allows them to make the changes.
•Mr. Chamling also said that “the existing specific reservation of 12 seats for Bhutia and Lepcha communities, and one seat for Sangha constituency, which are given to them on the basis of being Scheduled Tribes should not be disturbed or tinkered with.”
•A resolution passed by the Sikkim Assembly in 2009 had generated apprehension in the minds of the indigenous Bhutia-Lepchas and the expansion of the assembly seats could dilute their political rights until there was a “proportionate increase” of seats.
•As a way out, Mr. Chamling suggested that the entire State assembly be designated as “Scheduled Tribes.” The ministry of Tribal affairs opposed the move as the remaining communities like Thami, Chhetri, Sanyasi, Newar, Kirt Khambu Rai, Kirat Dewan, Sunuwar, Gurung, Mangar and Bhujel did not fulfil the criteria.
•“There will be amendments to the Second Schedule to the RP Act, 1950, whereby total seats in Sikkim Legislative Assembly will be 40 in place of existing 32, reserving five seats for Limboo and Tamang, while retaining existing reservations for Bhutias, Lepchas, Scheduled Castes and Sanghas,” a draft proposal of the home ministry said.
•The proposal also said that Section 5A of the RP Act, 1951 will be amended to provide “that in case of a seat reserved for Limboo and Tamang tribe, he is to be a member of Limboo and Tamang tribe specified in the Representation of Sikkim Subjects Act, 1974 and elector or an assembly constituency in the State.”
📰 Unite to fight dark forces in digital space: PM
Modi calls for sharing of information and coordination among nations and creation of cyberwarriors to ensure safety
•Prime Minister Narendra Modi on Thursday called for sharing of information and coordination among nations to ensure that “digital space does not become a playground for the dark forces of terrorism and radicalisation”.
•Speaking at the Global Conference on Cyber Space (GCCS), attended by delegates from 131 countries, Mr. Modi pitched for creating “cyberwarriors” to keep the digital space safe.
Striking a balance
•Amid the ongoing debate in the country over data privacy, the Prime Minister said it was possible to strike a balance between privacy and national security. “The quest for an open and accessible Internet often leads to vulnerability. Stories of hacking and defacement of websites are the tip of an iceberg...We need to ensure that vulnerable sections of our society do not fall prey to the evil designs of cybercriminals. Alertness towards cybersecurity concerns should become a way of life,” he said.
•He said that one of the major focus areas should be the training of well-equipped and capable professionals to counter cyberthreats. Mr. Modi said: “Cyberwarriors who will remain on the alert against cyberattacks … We need to ensure that cyberprotection becomes an attractive and viable career option for the youth.”
•Calling on the nations to take responsibility to ensure safety in the digital space, he said, “Information sharing and coordination among security agencies is essential to counter the ever-changing threat landscape.”
•“Surely, we can walk the fine balance between privacy and openness on one hand, and national security on the other. Together, we can overcome the differences between global and open systems on one hand, and nation-specific legal requirements on the other,” he added.
•Stating that cyberspace remains a key area for innovation, the Prime Minister invited the delegates and the industry leaders present to invest in this space, and be a part of the unfolding story of Indian startups. “Today’s discourse is being shaped by Facebookers, Tweeples, and Instagrammers.” Mr. Modi launched the Unified Mobile Application for New-age Governance (UMANG) mobile app, after nearly a year it was announced. The application will provide over a hundred e-government services to citizens
•“Today, digital technology has emerged as a great enabler. It has paved the way for efficient service delivery and governance. It is improving access, in domains from education to health. And it is helping to shape the future of business and economy,” he said, adding that on a macro scale, it has contributed to emergence of a flat world, where a developing nation like India can compete on a level footing with developed nations.
•While sharing its success stories with the global community, India is also keen to find scalable models and innovative solutions in education and health, using digital technology, Mr. Modi said, adding that the country wants to make cyberspace an enabler for the differently-abled.
📰 The new bipolarity in Asia
Having one set of nations ranged against China is not going to be easy in the prevailing circumstances
•The dichotomy in the rule-based global order is becoming increasingly evident with the passage of time. U.S. President Donald Trump, for instance, makes no secret of the fact that he believes in a world governed by self-interest, with little room for shared responsibility, or lofty ideas about the spread of democracy. In contrast, Chinese President Xi Jinping is taking the high road, disdaining the transactional approach favoured by the U.S. President. Instead, he is projecting himself as a firm believer in globalisation and free trade. Today, the former confronts major opposition to his policies within the U.S. The latter’s grip on China is, if anything, stronger than before.
•It is against this backdrop that there are signs of a new bipolarity taking shape in Asia. It appears freshly sculpted, given the steady rise and rise of China in Asia. It possibly seeks to replace similar attempts by the U.S. previously — such as the pivot to Asia — to counter China and its aggressive designs in the region. Implicitly, though not as yet explicitly, it seeks to create a coalition of all those willing to align with the U.S. against China’s expanding ambitions and its inexorable march towards dominance in Asia.
An important shift
•In recent weeks, there has been some activity suggestive of action being taken to achieve this objective. For instance, a reluctant India is being gradually inveigled into a newly minted design of what many perceive as an anti-China coalition, though none of them are willing to project it as such. Talks held recently at the level of officials between the U.S., Japan, Australia and India (the Quadrilateral) are seen as an indication of this. It marks an important shift in India’s attitude, and could be a prologue to what is in store. As China’s expansionist attitudes intensify, more countries in East and Southeast Asia are expected to align with the Quadrilateral group of countries. Vietnam could be one such country, but quite a few other countries in the region could follow suit.
•The recent Association of Southeast Asian Nations (ASEAN) and Asia-Pacific Economic Cooperation (APEC) meetings provided a further glimpse of attitudinal changes that are in the making. Mr. Trump and Prime Minister Narendra Modi made use of this occasion to announce that the two countries were prepared to work together for the future of Asia — an euphemism for what many see as keeping a check on China’s aggressive designs in the region. It is, perhaps, for the first time that India has indicated a resolve to align openly with the U.S. to tackle broader issues in the Indo-Pacific region. Its implications go much further than mere deepening of the strategic partnership between the two countries or enhancing their cooperation as major defence partners. The reference that “two of the world’s great democracies should also have the world’s greatest militaries” is capable of being interpreted in several ways, including that it is aimed at China. What it does signify, unambiguously, is a quantum leap in their special relationship, with both sides committed to deepening their engagement in several directions.
•Mr. Modi demonstrated a willingness on this occasion to go still further, asserting that India will stand by ASEAN in its quest for a rules-based regional security architecture. This can again be interpreted as implicit criticism of China’s attitude and stance with regard to disputes in the South China Sea.
Picking up the gauntlet
•If China was the target of the U.S., India and other like-minded countries of Asia, the recent 19th Chinese Communist Party Congress signified that China is more than willing to accept the challenge. The Party Congress placed special emphasis on a strong military “capable of winning wars”. The deliberations left little room for any adjustment or compromise to accommodate the concerns of other countries of Asia, or for that matter the U.S. If anything, the deliberations of the Party Congress have further emboldened China to pursue its preferred course of action.
•Several aspects of the Party Congress deserve to be carefully considered in this context. The Congress reinforced Mr. Xi’s status as the paramount leader, who in turn made no secret of China’s ambitions to restore its global leadership and dominate the region. In his long opening address, he described China as a great power at least 25 times. Every initiative pronounced was attuned to China’s global ambitions.
•The Party Congress, and Mr. Xi in particular, adopted a hard line on many of the issues that have been bones of contention with countries in the region and beyond. A major preoccupation of the Party Congress was to build global combat capabilities to safeguard China’s overseas interests. It mentioned that the Chinese Military had been reorganised and that more changes were promised in the next five years aiming to make China’s military “world class” in every way.
•The message emanating from the Party Congress is loud and clear. China is in no mood to compromise, and any attempt to contain or check China would be effectively met. The reality also is that apart from its massive military build-up, China is positioned most advantageously as far as economic aspects are concerned. It is today the most important trading partner for over 90 countries. It is a major lender across the world. Its Belt and Road Initiative (BRI) has caught the imagination of the world, including that of Europe. While the economic benefits of the BRI are still in dispute, most countries of Asia and Europe, including many of India’s neighbours, do not seem to have a problem with the BRI.
Too many imponderables
•Sustaining bipolarity and having one set of Asian nations ranged against China is, however, not going to be easy in the prevailing circumstances. There exist far too many imponderables at present. Latent concerns about Chinese expansionism have not prevented several Asian nations from endorsing and backing the BRI. Most Asian nations also show no inclination or desire to blame China for siding with Pakistan, which continues to shelter high-ranking global terrorists, including Jaish-e-Mohammed chief Masood Azhar. China, for its part, has embarked on a charm offensive to win the support of Asian nations through lavish aid offers and other financial inducements. Even Mr. Trump, during his recent visit to China, seemed to have softened his criticism of China, after China produced some attractive mega deals. All this only exposes the vulnerabilities of bipolarity in the extant situation today.
•In Asia, India, Japan and, to an extent, Vietnam appear willing to endorse the U.S. initiative to build up opposition to China’s designs. India has become increasingly vocal in this regard. It has lately taken up issues well beyond South Asia, such as North Korea and China’s actions in the South China Sea. This was again manifest during the recent ASEAN deliberations. Currently, India is emerging as one of the countries in the region firmly committed to freedom of navigation and over-flight, and for unimpeded commerce based on the principles of international law, particularly the UN Convention on the Law of the Sea. This puts it in direct confrontation with China, as also in opposing China’s ambitions in the Indian Ocean and the Indo-Pacific.
•The Quadrilateral idea, which has since begun to take shape with India’s implicit acceptance of the concept, is likely to further irk China. China has consistently opposed the idea viewing it as an example of anti-China consolidation. For the present, China has been circumspect in its opposition to the move, limiting itself to questioning its rationale and whether it is directed at a third party with the potential to disturb regional peace and stability. This may not, however, last for much longer.
•As the outlines of a new bipolarity in Asia become clearer, and with the formal setting up of the Quadrilateral, China is certain to regard all this as an attempt to encircle it. This will pave the way for a new round of turmoil. China is almost certain to take effective steps to break this so-called encirclement, and use both force and inducements to win more and more Asian countries to its side. The consequences of this could be quite significant for peace and stability in the Asian region.
📰 Reaching out to neighbours
As ASEAN celebrates 50, reflections on SAARC’s failed decades
•The Association of Southeast Asian Nations (ASEAN) is among the world’s largest regional intergovernmental organisations. Since its inception, the countries in the region have become more integrated through enhanced intraregional trade and connectivity. The South Asian Association for Regional Cooperation (SAARC), geographically proximate to ASEAN, started its journey in 1985 with similar aspirations but over time has failed to deliver. It has been unable to integrate the region through trade and connectivity and continues to be stuck in the quagmire of regional politics and rivalry and stagnates from historical distrust and old animosity.
Study in contrasts
•In its first two decades, ASEAN focussed on a limited range of issues, but over time its mandate expanded and now includes climate change, disaster management, counterterrorism, drugs and human trafficking. ASEAN’s greatest success has been its ability to deftly resolve disputes. In the early years, for instance, its unity was challenged by the Philippines-Malaysia dispute over Sabah, but the founding members found a peaceful mechanism to mitigate opposing claims. In the case of SAARC, political squabbles, deep mistrust and military conflict between India and Pakistan have frustrated regional cooperation. The whole region is suffering from lost potential due to India-Pakistan hostility which hit a new low when India boycotted the 19th SAARC summit as a result of the Uri terrorist attack, with Bangladesh, Afghanistan and Bhutan following suit, eventually resulting in cancellation of the summit.
•Trade in ASEAN has grown rapidly and it has focussed on promoting rapid economic growth and modernisation. It has created the Comprehensive Investment Agreement (ACIA), which ensures liberalisation and protection of cross-border investments operations, together with best practices for the treatment of foreign investors and investments. On the other hand, trade amongst the SAARC members stands at 3.5% of their total volume of trade. Initiatives under the South Asian Free Trade Association have failed to make much headway. Subregional initiatives like the Bangladesh-Bhutan-India-Nepal Motor Vehicle Agreement also have stalled.
•The Federation of ASEAN Travel Associations (FATA) has called on the ASEAN nations to waive entry requirements amongst the member states. A feasibility study has been conducted on the development of a rail link from Singapore to Kunming in southern China to enhance seamless connectivity among the ASEAN nations to boost intraregional trade and people-to-people connectivity. Projects aimed at promoting the region as a tourist destination have also been undertaken. On the other hand, the SAARC Visa Exemption Scheme only allows certain categories of dignitaries to be exempt from visas, excluding ordinary citizens from accessing unimpeded travel in the region. It is difficult for Indians to enter Pakistan and vice versa. Even citizens of other SAARC countries who have visited either India or Pakistan before and now wish to travel to the other face hassles during visa issuance by either country. And SAARC infrastructural problems plague connectivity.
Sub-regional short-cuts
•As the biggest country of SAARC, India is trying to exert leadership by forming subregional initiatives like the Bay of Bengal Initiative for Multi-Sectoral Technical and Economic Cooperation (BIMSTEC). Another objective is to isolate Pakistan. Such attempts to forge sub-regional ties at the cost of jeopardising the regional vision for unity have not been witnessed in ASEAN. When ASEAN was criticised for taking in Myanmar in spite of its military rule, the grouping emphasised the importance of keeping open the channels of communication and engagement as a better means to influence the regime. Bilateral bickering never got in the way of trade and travel.
•On the political and economic continuum, ASEAN has behaved pragmatically and sensibly whereas South Asia has been bogged down by bilateral animosity and the bitter legacy of partition. ASEAN members have avoided showing outward hostility against each other and have tried to resolve differences through dialogue, engagement and cooperation. Politicians in SAARC have mostly catered to their domestic constituents without having any broad regional vision, so that it takes years to sign agreements and even more time to implement them. As a regional organisation, while ASEAN has grown from strength to strength. Unless there is a serious and concerted effort by the political leadership of SAARC, led primarily by India and Pakistan, to revitalise the regional body, it will continue to be what it always has been: a utopian idea existing only in summit documents.
📰 Quad confusion
The differences in statements show that the countries lack a common aim
•More than 10 days after the Quadrilateral meeting, or ‘Quad’, involving secretary-level officials of India, Japan, Australia and the U.S., the dust is yet to settle on just what was decided among them. To begin with, the four participants issued not one but four separate statements after their meeting in Manila. A cursory look at these statements reveals the basic differences in intent: while all four referred to keeping a “free and open Indo-Pacific”, the Ministry of External Affairs statement did not mention upholding “maritime security” as an objective, while the statements of the U.S., Australia and Japan did. Similarly, the Japanese Ministry of Foreign Affairs made no mention of enhancing “connectivity” as an aim, which the other three did.
•The import of these omissions is clear. The Quad is yet to decide what its real aim is: maritime security, connectivity, countering China’s moves in the Indo-Pacific and on the Belt and Road Initiative (BRI), or a combination of all three. Adding to the confusion were U.S. President Donald Trump’s own moves in Beijing. He lavished praise on Chinese President Xi Jinping and the two signed a slew of agreements, including one for a joint fund for the $40 billion Silk Road Fund meant to finance BRI projects. Despite all the concerns expressed by the countries of the Quad, India remains the only one to openly oppose the BRI.
•On the maritime front, India gave out confusing signals. It is the only country in the Quad that is not part of a military alliance. In June, India declined Australia’s request to join the Malabar exercises, and just days before the Quad, Naval Chief Sunil Lanba told The Hindu that there were no plans for joint patrols with the U.S., or any country that is not a “maritime neighbour” of India, which would rule out Australia and Japan too. If India’s intentions are only to patrol the Indian Ocean part of the Indo-Pacific, it remains to be seen what reciprocal value the Quad would have.
•Then there is the question of where the government stands on India’s position in the world. While rejecting “non-alignment” in a unipolar world, the government has decided a course that wins the country a foot in the door to every membership club. While that may seem wise, the practicalities in an increasingly polarised world are difficult: how would India explain not joining a security cooperation arrangement within the Quad, for example, even though it joined the Shanghai Cooperation Organisation this year?
•If India is willing to brave all of these contradictions and steer the course towards a closer Quad arrangement, then the final question to be answered is, to what end? A few years ago, a South Block mandarin said the basic difference between India and the U.S. was that the U.S. wanted India’s assistance, along with Japan and Australia, “to the East”, while India wanted the U.S.’s assistance in matters “to its West”. As a result, giving in to demands for greater engagement in the East with the Quad will need to be calibrated with concrete outcomes on India’s concerns with terror from Pakistan, and a free hand to pursue ties with Iran.
📰 Going universal
Karnataka does well to finalise the road map to ensure universal health coverage
•Karnataka’s move to amend the law governing private medical establishments is a logical step in its plan to provide universal health coverage in the State. There can be a debate on how individual aspects of medical services are best regulated, but laying down standards, containing treatment costs, mandating transparency and creating a binding charter that empowers patients are all basic components of healthcare reform. The State government has wisely dropped the clause on imprisonment for medical negligence in the final draft of the amendment Bill, avoiding a possible delay in broadening the scope of the Karnataka Private Medical Establishments Act, 2007. There is a need, of course, to ensure parity in services offered by government and private institutions, and end the neglect of public facilities especially in rural areas. The transition to universal health access, provided free at the point of delivery, must be a national priority as it is the key Sustainable Development Goal relating to health to be achieved by 2030. The UPA government dropped the ball midway, although it had a report from an expert group of the Planning Commission in 2011 proposing a road map for universal coverage. Karnataka is pursuing needed reform in some of the areas covered by the expert panel, notably on containing the cost curve in establishments that operate for profit and where patients with state-supported insurance get treated.
•The task before Karnataka now is to come up with an essential health package consisting of treatments available to all and to devise ways to charge users based on the ability to pay. Capping costs for those who use such facilities is important, given that out-of-pocket expenditure on health in India is extremely high. Regulation of prices for some drugs may have had a moderating effect, but much work remains to be done to streamline processes to achieve centralised procurement and free distribution of essential medicines to all. Karnataka’s decision to set up a regulator for government hospitals is a response to the criticism that nothing is being done to raise standards in these institutions and bring in accountability. Ideally, all health institutions participating in a universal access programme should be governed by common regulations, for which national, State and district-level authorities are the answer. Such a comprehensive approach can eliminate fragmentation of functions. Also, the public health approach at the primary level should not be lost sight of, while focussing on reform of hospital-based care. National schemes aimed at reducing the burden of infectious and non-communicable diseases, and improving the health of women and children, should continue to receive top priority.
📰 Politics and Padmavati
Chief Ministers cannot cite law and order threats as an excuse to curb free expression
•Given the violence and the threats, it is perhaps not surprising that the producers of Padmavati have decided to ‘voluntarily’ defer its release. But irrespective of how this changed timetable plays out, the conduct of politicians over the past few days has been cynical and deeply unmindful of the rule of law. In February 1989, days after Ayatollah Khomeini of Iran had issued a fatwa against him for his novel The Satanic Verses, Salman Rushdie published an open letter to Rajiv Gandhi, then Prime Minister. He reminded the Prime Minister that his book had already been banned in India in October 1988, under the Customs Act, and that while issuing the curb on its import the Finance Ministry clarified that the “ban did not detract from the literary and artistic merit of Rushdie’s work”. “Thanks for the good review,” wrote Rushdie, adding that it appeared “as if your Government has become unable or unwilling to resist pressure from more or less any extremist religious grouping”. It is worth recalling that letter, as it provides a benchmark to map the race to the bottom in the current row over Padmavati. Today, as a number of Chief Ministers across north India rail against the film and threaten to disallow its screening without requisite cuts, there is no longer even that perfunctory clarification that their action has nothing to do with the artistic merit of the film. And it is no longer the case that the governments are unwilling to resist pressure from extremist groups such as the Karni Sena. Chief Ministers now are actually rallying opinion against the film to whip up caste and religious anxieties.
•Yogi Adityanath of Uttar Pradesh has forged an absurd equivalence between “those giving death threats” and Sanjay Leela Bhansali, the film’s director, for “hurting public sentiments”. Vijay Rupani in Gujarat has taken a cue from Shivraj Singh Chouhan in Madhya Pradesh and called for a ban. This is in complete disregard of the Supreme Court judgment in S. Rangarajan v. P. Jagjivan Ram that the state cannot cite concerns about a “hostile audience” in curbing freedom of expression. Vasundhara Raje of Rajasthan, in fact, has argued that the “censor board” must go beyond just certifying a film, and should be mindful of the possible results after its release. And Amarinder Singh in Punjab has said he opposes a ban but “cinematic licence” cannot extend to twisting “historical facts”. The fact that these open appeals against cinematic expression are going mostly unchallenged across the political spectrum carries dark forebodings. The issue here is no longer Padmavati, its artistic merit or the factuality or otherwise of multiple retellings of the narrative. What is of real concern is the spectacle of state functionaries ignoring their constitutional responsibility in upholding free expression, and placing themselves alongside those out to intimidate, and release sectarian furies.
