Monday, 11 July 2016

India's membership of MTCR (Missile Technology Control Regime)


Missile Technology Control Regime (MTCR) is a voluntary and informal association of countries formed with the objective of restricting the proliferation of missiles, rocket systems, unmanned air vehicles, and related technology for those systems which are capable of carrying a 500 kilogram payload to least 300 kilometres, as well as systems intended for the delivery of weapons of mass destruction (WMD). It operates by following of  a set of common export guidelines for a common integral list of controlled items.

The group was originally established in 1987 by seven countries i.e. Canada, France, Germany, Italy, Japan, the United Kingdom and the United States. Since then the number of members of the group has increased to 35 with India being the latest addition in June 2016. The present members are Argentina, Australia, Austria, Belgium, Bulgaria, Brazil, Canada, Czech Republic, Denmark, Finland, France, Germany, Greece, Hungary, Iceland, India, Ireland, Italy, Japan, Luxembourg, Netherlands, New Zealand, Norway, Poland, Portugal, Republic of Korea, Russian Federation, South Africa, Spain, Sweden, Switzerland, Turkey, Ukraine, United Kingdom and United States of America.

A more broad based organisation for restricting the proliferation of ballistic missiles is “International Code of Conduct against Ballistic Missile Proliferation” which came into existence in November, 2002. It is also known as “Hague Code of Conduct” and has 138 signatories including India which became a signatory to the Hague Code of Conduct in June 2016.

India’s membership of MTCR will be helpful in getting high level technology which will be of great use in its space programme. It will also allow India to export some of the missiles. There has been news that India wants to export Brahmos missile. The present range of Brahmos missile is 290 Kilometers which is within the MTCR cap of 300 Kilometers. However, with the MTCR membership, India can increase the range if the need arises. 


Friday, 1 July 2016

Some facts about Nuclear Suppliers Group (NSG)


            NSG (Nuclear Suppliers Group) is a group of nations controlling the trade in nuclear material, equipments and technology. The Group was formed in 1974 in the wake of nuclear explosion conducted by India in Pokharan in same year. The Group has a set of guidelines as per which the nuclear supplier authorises a transfer of nuclear or nuclear related exports only when it is satisfied that the transfer of such exports would not lead to proliferation of nuclear weapons.
            However, it must be made clear that NSG is not a treaty but a group of countries which was formed with the objective of contributing to non-proliferation of nuclear weapons. The treaty regulating non proliferation of nuclear weapons is Non Proliferation Treaty (NPT) which came into force in 1970. India despite being under pressure for becoming a signatory to the Treaty as a non nuclear state has constantly resisted the pressure because India is a country having its own nuclear programme and signing of NPT as a non nuclear state will not be in the interest of the country.
Presently the Group has 48 members which are Argentina, Australia, Austria, Belarus, Belgium, Brazil, Bulgaria, Canada, China, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Japan, Kazakhstan, Republic of Korea (South Korea), Latvia, Lithuania, Luxembourg, Malta, Mexico, Netherlands, New Zealand, Norway, Poland, Portugal, Romania, Russian Federation, Serbia, Slovakia, Slovenia, South Africa, Spain, Sweden, Switzerland, Turkey, Ukraine, United  Kingdom, and United States.
In the last few years India has been trying to make more and more use of nuclear energy for meeting its power requirements. International Atomic Energy Agency (IAEA) in 2008 had approved India specific safety standards after which NSG in the same year also allowed Civil Nuclear Cooperation of India with its member countries. However, despite this, India has been keen to join NSG because it would have provided it a more comprehensive legal foundation for its nuclear programme and also for nuclear exports. Further, it has also been felt that as India increases its international clout, a seat in NSG would have been reflective of and in conformity with that status.

This year, India had made a strong bid for being included in NSG. The meeting of NSG was held in Seoul on 23-24th June, 2016 but India could not obtain membership of NSG due to opposition from China and some other countries. One of the opposition put forward was India’s not signing of NPT although signing of NPT is not a condition but only a guideline. However, this stand of China deferred the Indian membership of NSG. 

Sunday, 25 May 2014

CAUSES FOR THE REVOLT OF 1857


          Revolt of 1857 is a very important event in the Indian history and in our freedom struggle. It has been termed as Sepoy Mutiny by the British however the incidents make it clear that although the mutiny was started by the sepoys it soon engulfed large sections of civilian population turning it into a full scale rebellion. Causes of the rebellion lay in the colonial administration which had impoverished peasants and artisans.    (Impact of colonialism on Indian economy).  There were social and political causes as well leading to widespread resentment against the colonial rule. In fact resentment against the colonial rulers had started building up since their advent and had earlier expressed itself in a number of uprisings that took place during 1757-1856. (Freedom Struggle:Uprisings between 1757 to 1856 ). However these earlier uprisings were local incidents. The revolt of 1857 was the first large scale effort by the Indians to get rid of the colonial rule. Some of the reasons which led to this revolt are as under:
  1. Exploitation of peasantry-The revenue settlements made by the colonial administration had impoverished peasantry. The Permanent Settlement which was in force in Bengal and in most of North India did not recognise the rights of peasants on land. Instead the property rights were transferred to loyal zamindars and money lenders who raised the revenue exhorbitantly and extracted it coercively. In Rohilkhand alone there were as many as 2,37,388 coercive collections during 1848-56. Other revenue settlements were no better. Apart from land revenue peasant was also oppressed by petty officials. Litigation was complex, time consuming and expensive. The nexus between the law courts, lower officials and money lenders made the condition of the peasantry miserable.
  2. Problems of Artisans-As a result of British policy Indian handicrafts were completely destroyed. As a result artisans were forced to look for alternative employment which did not exist. Many of them joined the already impoverished peasantry but this did not improve the condition much.
  3. Landed gentry-Earlier zamindars and landed gentry lost their lands and position to the new zamindars and moneylenders. In Oudh alone there were about 21,000 taluqdars whose estates were confiscated. This section thus had a grudge against the colonial rule and seized the opportunity posed by sepoy rebellion. As regards the new zamindaars their positions was also not secure and was subject to their timely payment of land revenue. Out of the total amount of revenue settlement 10/11 was to be paid to the company. Any default in this could lead to selling off their estates to others.
  4. Doctrine of Lapse and deposed rulers-Relationship between the company and the Indian states was not of equality but that of subsidiary alliance. Indian rulers were subordinate to the East India Company. Succession to the throne was also subject to the confirmation by the British rulers. Doctrine of Lapse enforced by Lord Dalhousie meant that the rulers who did not have a natural heir could not adopt one and their states would be annexed to the British territories. Many states including Satara, Nagpur, Jhansi and many others were annexed on basis of this doctrine. Awadh was annexed on the grounds of alleged maladministration. Even the rights of Mughal Emperor Bahadur Shah were curtailed and it was decided that after him no one would be given the title of Mughal emperor. This policy towards the rulers caused resentment not only among the rulers but also among the common people.
  5. Reforming zeal of colonial rulers-Sepoys as well as the civilian population felt that the British rule posed a threat to the religion. A number of legislations like the Sati Abolition Act and Widow Remarriage Act though progressive in social terms were not taken in that spirit by the orthodox sections of Indian society. In 1850 Act XXI was passed which enabled Christian converts to retain ancestral property. This was interpreted as a concession to these coverts. Such legislations along with activities of Christian missionaries led the orthodox people to believe that the religion was under threat.
  6. Problems of Sepoys-The sepoys in the army faced a number of problems. Their pay was abysmally low. A soldier in the infantry received seven rupees a month and a horseman in cavalry received twenty seven rupees a month out of which he had to pay for his uniform, his food and upkeep of his horse. This hardly left him anything. Discrimination was rule rather than exception. All the higher posts were occupied by the British and Indians were made to feel subordinate at each step. Another aspect was that the soldier was basically a farmer in uniform and his family was facing the difficulties as being faced by other farmers. There were about 75,000 soldiers from Awadh alone and its annexation hurt their feelings badly. Most of the sepoys were from upper castes of North India were very conscious about their religion and caste status. Like civilian population they also had apprehensions that the British would destroy their religion.
  7. Immediate cause-As mentioned above sepoys like other sections of population had suspicions that British would try to harm their religion. This was increased by the rumour that the new Enfield Paper cartridges which were to be bitten before use were greased with beef and pig fat. Army authorities did not take any action to allay these fears or to properly communicate these troops. As a result the rumour grew strong and refusal of sepoys to use these cartridges became the immediate cause for revolt.
  8. Planned Revolt-There is good deal of controversy on this point. One view says that the revolt was spontaneous while the others that this was a conspiracy. The rebel leaders formed a clandestine group and hence no record about their activities is available. However, there are stories about red lotuses and chapaatis being sent from village to village and from regiment to regiment as symbols of freedom. However nothing can be said with certainty in this regard.



Monday, 12 May 2014

Freedom Struggle:Uprisings between 1757 to 1856

       Revolt of 1857 was not an isolated incident. In fact it was the culmination of long list of revolts which took place during the first hundred years of colonial rule i.e. from Battle of Plassey in 1757 to the Revolt of 1857. During this period there was hardly a year when the colonial rule did not face a rebellion. The revolts were mostly led by traditional leaders of the society like deposed rulers, erstwhile zamindars and religious leaders while the heavily burdened peasantry and ruined artisans provided the mass base. Although most of these revolts were a localized affair many of these involved larger areas and populace. These uprisings took place all over the country and followed the trajectory of the colonial expansion. This shows that colonial rule in India did not had a smooth passage but was strongly contested by the Indian society. Some of these rebellions were as under:

  • Sanyasi Rebellion led by sanyasis or ascetics took place in Bengal in 1763 and continued up to 1800. The revolt was made famous by the novel “Anandmath” written by Bankim Chandra Chatterjee in 1882.
  • Chuar uprising in Midnapore district of Bengal which took place from 1766 to 1772 and again from 1795 to 1816. In its second phase it was led by Durjan Singh, ex-zamindar of Raipur.
  • Peasants of Rangpur and Dinajpur distiricts in Bengal revolted in January-Februrary, 1783. Durjoy Narayan was an important leader of this revolt.
  • Paiks, a military class in Orissa were annoyed due to taking away of their rent free lands. An earlier attempt to revolt failed in 1804. However, the revolt broke out in 1817 under the leadership of Bakshi Jagabandhu, the erstwhile commander of the forces of Raja of Khurda. The revolt also received support from common peasantry.
  • Kols, a tribe of Chhotanagpur region also revolted against the British during 1831-32. Taking away of their autonomy and entry of Government officials and moneylenders in the system were the main causes of revolt.
  • Raja of Vijaynagar revolted against the British in 1794 against the payment of dues.
  • Poligars were landed gentry of South India who revolted against the British in 1799-1802. Their rebellions are also known as First Poligar War (1799) and Second Poligar War (1800-1802).
  • Velu Thampi was Diwan of Travancore who organized a revolt against the British in 1809.
  • Peasants of Mysore revolted in 1830-31 against exorbitant rent demands.
  • Kutch rebellion led by the Chiefs of Suarashtra continued from 1816-1832 in some form or the other.
  • Kolis of Gujarat also rose in revolt in 1824 which continued up to 1849.
  • Bhils concentrated in Maharashtra and Gujarat revolted against the British during 1818-1831.
  • In 1816 the people of Bareilly people revolted against imposition of a municipal tax to pay for the police force to protect the citizens.
  • People of Benaras organised a hartal (strike) in 1810 over the issue of house tax. This received wide spread support and British were forced to withdraw it in 1811.

      These revolts failed to overthrow the British Rule in India but widespread nature of these revolts was an indication of the oppressive and destructive policies followed by the colonial rule. It also indicated the intention of the Indian society to counter these policies and the foreign rule.  These rebellions culminated in the great uprising of 1857 which had a much wider spread and involved multiple sections of the society. 

Friday, 2 May 2014

Directive Principles of State Policy

       As the name suggests, Directive Principles of State Policy are directions to the State. Similar concept exists in the Constitution of Ireland where these are known are “Directive Principles of Social Policy”. Directive Principles of State Policy, as provided in Part IV of our Constitution, set certain goals, the achievement of which would help the citizens in living a good life. Although these are not enforceable by a Court of law but it is expected that the Government will formulate its policies so as to achieve these goals.  A gist of these principles is as under:

  1. State to strive for providing justice, social, economic and political, and to strive to eliminate or minimise the inequalities in income, status, facilities and opportunities, not only among individuals but also among groups of people.
  2. The State shall, in particular, direct its policy towards securing-Adequate means of livelihood to citizens;Distribution of  the material resources of the community so as to best subserve the common good;Operation of the economic system does not result in the concentration of wealth and means of production;Equal pay for equal work for both men and women;Citizens are not forced by economic necessity to enter avocations unsuited to their age or strength;Opportunities and facilities to children to develop in a healthy manner and in conditions of freedom and dignity protection of childhood and youth against exploitation.
  3. Promoting justice, on a basis of equal opportunity and providing free legal aid, in case of need.
  4. Organising and empowering village panchayats.
  5. Subject to economic capacity of the state, to make effective provision for securing the right to work, to education and to public assistance in certain cases.
  6. Providing for just and humane conditions of work and maternity relief.
  7. Subscribing a living wage to and conditions of work ensuring a decent standard of life and to promote cottage industries on individual or co-operative basis in rural areas.
  8. Taking steps for securing the participation of workers in the management of industries.
  9. Uniform civil code for the citizens.
  10. Providing early childhood care and education to children below the age of six years.
  11. Promotion of educational and economic interests of Scheduled Castes, Scheduled Tribes and other weaker sections.
  12. To raise the level of nutrition and the standard of living and to improve public health and to prevent the consumption of intoxicating drinks and drugs except for medicinal purposes.
  13. Organisation of agriculture and animal husbandry on modern and scientific lines; preserving and improving the breeds, and prohibiting the slaughter, of cows, milch and draught cattle.
  14. Protection and improvement of environment and safeguarding of forests and wild life.
  15. Protection of monuments and places and objects of national importance.
  16. Separation of judiciary from executive.
  17. Promotion of international peace and security; maintaining just and honourable relations between nations; foster respect for international law and treaty obligations and encourage settlement of international disputes by arbitration.

Sunday, 27 April 2014

Fundamental Duties

         In 1976 the Congress President appointed a Committee headed by Sardar Swaran Singh to examine the Constitution and to suggest changes “so that it may continue as a living document”. The report and recommendations of the Committee resulted in 42nd Amendment of the Constitution in 1976. Apart from other things this amendment included the insertion of Part IVA and Article 51A in our Constitution. These contain fundamental duties of citizens. Presently there are eleven fundamental duties. Out of these ten were inserted in the Constitution by the 42nd Amendment while one more fundamental duty referring to the duty of a parent to provide education to his children was incorporated by the 86th amendment in 2002. The fundamental duties are:
  1. to abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem;
  2. to cherish and follow the noble ideals which inspired our national struggle for freedom;
  3. to uphold and protect the sovereignty, unity and integrity of India;
  4. to defend the country and render national service when called upon to do so;
  5. to promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional or sectional diversities; to renounce practices derogatory to the dignity of women;
  6. to value and preserve the rich heritage of our composite culture;
  7. to protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures;
  8. to develop the scientific temper, humanism and the spirit of inquiry and reform;
  9. to safeguard public property and to abjure violence;
  10. to strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavour and achievement;
  11. who is a parent or guardian to provide opportunities for education to his child or, as the case may be, ward between the age of six and fourteen years.



Thursday, 17 April 2014

Fundamental Rights

             Almost all the liberal democracies of the world grant some basic rights to their citizens and foreign citizens residing in their territory. In India these are provided in the form of Fundamental Rights which included in Part three of the Constitution. These are broadly categorized as Right to Equality, Right to Freedom, Right against Exploitation, Right to Freedom of Religion, Cultural and Educational Rights and Right to Constitutional Remedies. These rights are legally enforceable. Details of these rights as provided in the Constitution are as under:
Right to Equality
Article 14
Equality before law-

  • Provides for equality before law and equal protection of law to any person within the territory of India.
Article 15
Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth-

  • Prohibits the state from making any discrimination on these grounds.
  • No citizen can be discriminated on any of these grounds with respect to access to shops, restaurants, hotels and places of public entertainment as well as the use of wells, tanks, bathing ghats, roads and places of public resort maintained wholly or partly out of state funds or dedicated to the use of general public.
  • State can make special provision for women and children; socially or educationally backward classes or the Scheduled Castes and the Scheduled Tribes.  
Article 16
Equality of opportunity in matters of public employment-

  • Provides for equality of opportunity for all citizens in matters of public employment.
  • However Parliament is empowered to make laws about a requirement for the public post to be a resident of that particular state or Union territory.
  • Parliament is also empowered for making reservation of appointment or posts in favour of any backward class of citizens or Scheduled Castes and Scheduled Tribes which are not adequately represented.
  • Allows the operation of a law which provides that person holding an office in a religious and denominational institution should belong to a particular religion or denomination.
Article 17
Abolition of Untouchability-

  • Abolishes “Untouchability” and makes its practicing a punishable offence.
Article 18
Abolition of Titles-

  • Provides that State shall not confer any titles except military and academic distinctions.
  • Also provides that no citizen of India shall accept any title from any foreign state.
  • Any foreign citizen while he holds an office of profit or trust under the State shall not accept any title from any foreign state except with the permission of the President.
  • Further no person holding any office of profit shall accept any present, emolument or office of any kind from or under any foreign state.
Right to Freedom
Article 19
Protection of certain rights regarding freedom of speech etc- This provides to all citizens the right 

  • to freedom of Speech and Expression
  • to assemble peacefully and without arms
  • to form associations and unions
  • to move freely throughout the territory of India
  • to reside or settle in any part of the territory of India
  • to practice any profession, occupation or trade.
          However these rights are not absolute. This article empowers the State to make laws for placing reasonable restrictions on any of these rights.  
Article 20
Protection in respect of conviction for offences- 

  • Provides that no person can be convicted of an offence except for violation of a law in force at the time of commission of the offence nor can be subjected to a penalty greater than which might have been inflicted under the law in force at that time.
  • Further no person shall be prosecuted and punished for the same offence more than once.
  • No person accused of any offence shall be compelled to be a witness against himself.
Article 21
Protection of life and personal liberty-

  • Provides that no person shall be deprived of his life and liberty except according to a procedure established by law.
Article 21A
Right to education-

  • Provides for free and compulsory education to all children from age of six to fourteen years.
Article 22
Protection against arrest and detention in certain cases-

  • Provides that no person arrested should be detained in custody without being informed as soon as possible about the grounds of his arrest.
  • Any person arrested and detained should not be denied the right to consult and be defended by a legal practitioner of his choice.
  • Provides that every person arrested and detained in custody must be produced before the nearest magistrate within 48 hours excluding the time required for such journey and further detention should only be with the permission of the magistrate.
  • Also provides that these rights are not available to an enemy alien or to a person who is arrested or detained under law providing for preventive detention.
  • Provides that in normal circumstances preventive detention should not be more than three months unless authorized by an Advisory Board comprising of persons who are, or have been or are qualified to be High Court Judges.
  • Parliament is empowered to make laws for prescribing the circumstances under which preventive detention can be made for more than three months and for prescribing the procedure to be followed by the Advisory Board.
Right against Exploitation
Article 23
Prohibition of traffic in human beings and forced labour-

  • Prohibits traffic in human beings as well as  ‘begaar’ and other similar forms of forced labour.
  • However the State is empowered to impose compulsory service for public purposes.
Article 24
Prohibition of employment of children in factories etc.-

  • Prohibits employment of children below the age of fourteen years in a factory, mine or any other hazardous employment.
Right to freedom of religion
Article 25
Freedom of conscience and free profession, practice and propagation of religion-

  • Provides that all persons are equally entitled to freedom of conscience and right to practice any religion.
  • This is subject to public order, morality, health and other provisions related to fundamental rights.
Article 26
Freedom to manage religious affairs-
Provides for the right to every religious denomination to 

  • establish and maintain religious institutions for religious and charitable purposes;
  • to manage its own affairs in the matters of religion;
  • to own and acquire movable and immovable property;
  • to administer such property in accordance with law;
  • These rights are also subject to public order, morality and health.
Article 27
Freedom as to payment of taxes for promotion of any particular religion-

  • Prohibits compelling a person to pay a tax the proceeds of which would go for promotion of a particular religion.
Article 28
Freedom as to attendance at religious instruction or religious worship in certain education institutions-

  • Prohibits imparting of religious instructions in educational institution wholly maintained out of state funds.
  • However this will not apply to an institution administered by the state but established under an endowment or trust which requires imparting of religious instructions.
  • No person attending any educational institution recognized or funded by the State shall be required to take part in any religious instruction or worship being conducted in that institution.
Cultural and Educational Rights
Article 29
Protection of interests of minorities-

  • Provides that any section of citizen having a distinct language, script or culture have a right to conserve the same.
  • No citizen shall be denied admission into any educational institution only on the grounds of religion, race, caste language or any of them.
Article 30
Right of minorities to establish and administer educational institutions-

  • Provides that all minorities, whether linguistic or religious, shall have the right to establish and administer educations institutions of their choice.
  • While granting aid to educational institutions, the State shall not discriminate against any educational institution under the management of a minority.
Right to Constitutional Remedies
Article 32
Remedies for enforcement of Rights conferred-

  • Provides the right to move to Supreme Court for enforcement of these rights.
  • Empowers Supreme Court to issues directions for the enforcement of these rights.