MODIFYING THE INDUS WATERS TREATY
TOPIC: (GS2) INTERNATIONAL RELATIONS: THE HINDU
India’s recent notice to Pakistan on August 30, 2024, seeking to review the Indus Waters Treaty (IWT) signals its concerns over domestic water demands, clean energy needs, and geopolitical tensions.
- The 1960 treaty, which allocates control of the Indus River and its tributaries between the two nations, is now under scrutiny as India aims to address various challenges, including population growth, agricultural requirements, and cross-border security concerns.
Key Reasons for India’s Notice
- Domestic Water Needs: India faces rising demand for water due to population growth, increased agricultural activity, and industrialization.
- Clean Energy Development: India requires more hydropower projects on western rivers to meet its renewable energy targets and emissions commitments.
- Cross-Border Security Issues: India highlighted that terrorism in Jammu and Kashmir hinders the effective utilization of its water rights under the treaty.
Indus Waters Treaty (IWT) Overview
- Established in 1960: The treaty, brokered by the World Bank, divided the rivers of the Indus Basin between India and Pakistan.
- River Division: India controls the eastern rivers (Ravi, Beas, Sutlej), while Pakistan controls the western rivers (Indus, Jhelum, Chenab).
- Modification Clause: Article XII of the treaty allows for amendments, but only with formal approval from both nations.
Diverging Perspectives on Water Utilization
- India’s Stance: As the upper riparian, India views the IWT’s purpose as allowing optimal resource use, including for hydropower development.
- Pakistan’s Stance: As the lower riparian, Pakistan emphasizes the need for uninterrupted water flow to sustain its agriculture and drinking water needs.
- Previous Arbitration: The Permanent Court of Arbitration (PCA) permitted India’s Kishanganga hydropower project in 2013 but required a minimum water flow to Pakistan, underlining the importance of balancing usage and conservation.
Challenges in Effective Water Management
- Partition of Rivers: The division of rivers based on historic boundaries has hindered integrated water management, limiting cooperative resource development.
- No Harm Principle: Although not specified in the IWT, international law requires both nations to prevent significant harm to each other through projects on shared rivers.
- Transboundary Environmental Impact Assessment (EIA): India and Pakistan are bound by international custom to conduct EIAs for projects that could have cross-border impacts, following the International Court of Justice’s ruling in a similar case (Pulp Mills on the Uruguay River, 2010).
- Climate Change: With glacial reserves declining, climate change is anticipated to decrease the Indus River’s flow by 30-40%, requiring adaptable water-sharing arrangements.
INTERNATIONAL LAW AND EQUITABLE RESOURCE USE
- Equitable and Reasonable Utilization (ERU): As outlined in the 1997 UN Watercourses Convention, both countries should adopt the ERU principle to share water fairly, especially under changing climate conditions.
- Joint Engineering Projects: Article VII.1(c) of the IWT encourages cooperation on joint projects, which could help both nations address issues like water scarcity and climate variability together.
Proposed Modifications and Solutions
- Memorandum of Understanding (MoU): Using the IWT’s framework, both nations could establish an MoU to address evolving challenges in water management without fully renegotiating the treaty.
- Collaborative Water Development: Joint initiatives in river basin management could support sustainable water availability and energy production.
- Flexible Approach: India and Pakistan might consider incremental changes to address immediate issues, strengthening trust and paving the way for long-term solutions.
Conclusion
The Indus Waters Treaty has served India and Pakistan for over six decades, but evolving water demands, security concerns, and climate change impact its relevance today. A collaborative review, focused on fair water use, environmental safety, and cooperative development, may help both nations meet their needs while fostering trust.
ALL EYES ON BAKU AND THE CLIMATE FINANCE GOAL
TOPIC: (GS3) ENVIRONMENT: THE HINDU
The New Collective Quantified Goal (NCQG), a critical topic at the upcoming COP29 in Baku, Azerbaijan, focuses on addressing the climate finance needs of developing nations, as mandated by Article 9 of the Paris Agreement.
COP29 in Baku and the Significance of NCQG
- Restoring Trust through NCQG: Finalizing the New Collective Quantified Goal (NCQG) at COP29 is crucial to rebuilding confidence in global cooperation.
- Addressing Developing Nations’ Needs: Recognizing historical responsibilities and prioritizing the needs of developing countries could help bridge existing divides between nations.
- Potential Consequences: If these priorities are overlooked, the result may be a widening gap between climate pledges and real actions.
- Role of COP29 as a Finance COP: Scheduled for November 11-22, 2024, COP29 aims to finalize the NCQG, focusing on financial support for adaptation and mitigation, and setting the path for future climate finance agreements.
Key Requirements for Effective Climate Finance
- Developing countries require not only funds but also technology transfer and capacity building.
- Procedural barriers in multilateral mechanisms, like complex requirements, may restrict access to critical funds.
- Effective climate finance must emphasize “need-for-money” over “value-for-money” to address vulnerabilities.
THE PARIS AGREEMENT ON CLIMATE CHANGE
The Paris Agreement was adopted in 2015 at COP21, under the United Nations Framework Convention on Climate Change (UNFCCC).
It replaced the Kyoto Protocol, providing a more comprehensive framework for addressing climate change.
· Legal Nature: It is a legally binding global treaty focused on combating climate change.
- Goals:
- Limit global warming to below 2°C above pre-industrial levels.
- Aim to further restrict warming to 1.5°C for greater protection against climate impacts.
- Framework for Action:
- Facilitates global cooperation to reduce greenhouse gas emissions.
- Supports adaptation to the impacts of climate change.
- Emphasizes assistance for developing countries in their climate efforts.
- Nationally Determined Contributions (NDCs):
- Countries are required to submit their NDCs every five years.
- NDCs are specific national plans that outline strategies for reducing emissions and adapting to climate change.
- These contributions help track each country’s progress and commitment to the overall goals of the Paris Agreement.
- Support for Developing Nations: Provides guidelines for financial and technical support to help developing countries achieve their climate goals.
Unresolved Issues in Climate Finance
- Developing Nations’ Perspective: Emphasize the need for fair, specific goals with adequate public financing, grants, and low-interest loans rather than debt-adding loans, and advocate for equal focus on both adaptation and mitigation.
- Developed Nations’ Perspective: Push to expand the base of financial contributors and prioritize private-sector innovation in climate finance.
- Focus on Outcomes: Developed countries prefer outcome-oriented approaches that concentrate on resilience and sustainable impact in climate finance.
Way forward in climate finance
- Some developed countries propose adding more contributors based on criteria like emissions levels and wealth.
- Nations like Canada and Switzerland suggest that countries like China and oil-rich states should contribute.
- Developing countries argue that including more contributors dilutes accountability and shifts the financial burden.
- This issue risks delaying essential agreements, impacting climate finance timelines.
Key Points on the UNFCCC (United Nations Framework Convention on Climate Change):
- Global Climate Framework: Established in 1992 at the Earth Summit in Rio de Janeiro, the UNFCCC is a global treaty focused on preventing dangerous human interference with the climate system.
- Objectives and Goals: Its main goal is to stabilize greenhouse gas concentrations in the atmosphere to prevent harmful impacts on ecosystems, food security, and economic development.
- Annual COP Meetings: The UNFCCC hosts Conferences of the Parties (COP) each year, where countries negotiate and adopt climate actions, such as the Kyoto Protocol and Paris Agreement.
- Differentiated Responsibilities: It emphasizes “common but differentiated responsibilities,” recognizing that developed nations historically contributed more to climate change and thus should take on greater responsibility in addressing it.
Conclusion
As the global community focuses on COP29, the NCQG represents an opportunity to set a just and effective climate finance framework. Meeting the expectations of developing countries could pave the way for a fair and impactful climate finance structure, while failing to do so risks further mistrust and delays in essential climate actions.
CORPORATE SOCIAL RESPONSIBILITY (CSR) IN AGRICULTURE: ISSUES AND POTENTIAL
TOPIC: (GS3) ENVIRONMENT: THE HINDU
In 2013, India became the first country to legally require companies to engage in Corporate Social Responsibility (CSR) under Section 135 of the Companies Act. Since then, CSR contributions have grown significantly, reaching ₹1.84 lakh crore between 2014 and 2023.
CSR Contributions to Agriculture
- Employment in Agriculture: Agriculture supports around 47% of India’s workforce, much higher than the global average of 25%, and contributes approximately 16.73% to India’s GDP.
- Stability and Emerging Issues: While food production is generally stable, challenges persist in maintaining natural resources, improving farmer incomes, and addressing climate-related risks.
- Corporate Interest in Agriculture Sustainability: Many companies are increasingly interested in environmental and sustainable projects in agriculture. A recent report found that 23% of surveyed companies prioritized “environment and sustainability” in their CSR plans.
- CSR-Funded Activities: CSR funds have supported various projects, such as grain banks, agricultural training, livelihood programs, water conservation, and energy-efficient irrigation systems, aligning with India’s shift toward sustainable farming practices.
CORPORATE SOCIAL RESPONSIBILITY
- CSR Definition: UNIDO describes CSR as companies incorporating social and environmental considerations in business and stakeholder activities, contributing to community welfare.
- CSR and Sustainability: CSR aligns with sustainability and ESG principles, aiming for a “Triple-Bottom-Line” that balances economic, social, and environmental objectives.
- CSR Framework in India: India’s CSR framework, under Section 135 of the Companies Act, 2013, and Schedule VII, sets rules for CSR eligibility, implementation, and reporting.
- CSR Criteria: Companies with a net worth of ₹500 crore, turnover of ₹1,000 crore, or profit of ₹5 crore must allocate 2% of their last three years’ average profits to CSR, with oversight from a CSR Committee.
- Penalties and Amendments: Non-compliance can lead to fines (₹50,000–₹25 lakh), and a 2019 amendment mandates unspent CSR funds be allocated to specific funds within the fiscal year, with usage timelines.
Key Requirements for Sustainable Agriculture
- Capital and Infrastructure: Agriculture in India needs better infrastructure and investment, which CSR funding can help address. This includes support for sustainable farming practices, access to resources, and innovative technologies.
- Focused Sectoral Allocation: To improve impact, CSR activities in agriculture need to be clearly categorized to allow more targeted funding for specific agricultural needs.
Challenges in CSR Tracking for Agriculture
- Lack of Distinct Reporting: Current CSR reporting does not provide clear data on agriculture-focused initiatives, as CSR activities are spread across multiple sectors under Schedule VII of the Companies Act, including gender equality, poverty alleviation, rural development, and environmental conservation.
- Impact Assessment Issues: Agriculture-related initiatives often fall under broad categories, making it difficult to measure specific contributions and assess their impact on agricultural sustainability.
Recommendations for Enhancing CSR Impact in Agriculture
- Designate Agriculture as a Specific CSR Sector: Clearly defining agriculture as a separate sector within CSR reporting could enhance transparency, improve targeting, and allow for better tracking of funds used in agricultural sustainability.
- Enhanced Reporting Mechanisms: Improved reporting for agriculture-specific CSR projects would allow for more effective impact assessments, enabling companies to address priority issues in agroecosystems and contribute more meaningfully to India’s agricultural sustainability.
Conclusion
By prioritizing agriculture within CSR reporting, companies can better support sustainable growth in the sector, helping India move towards a balanced, just, and eco-friendly development model.
CAN THE STATE ACQUIRE ALL PRIVATE PROPERTY?
TOPIC: (GS2) INTERNATIONAL RELATIONS: THE HINDU
The Supreme Court recently ruled that not all private resources qualify as ‘material resources of the community’ for government use to serve the ‘common good.’ This majority judgment (8:1) reverses the interpretation established in 1977.
Constitutional Provisions
- Directive Principles of State Policy (DPSP): Part IV, DPSP guides the state in promoting social and economic justice. Article 39(b) of DPSP states that “ownership and control of material resources of the community are so distributed as best to subserve the common good.”
- Right to Property as a Constitutional Right: Initially, the Constitution guaranteed the right to property and compensation for acquisition as Fundamental Rights under Articles 19(1)(f) and 31. However, in 1978, the 44th Amendment demoted it from a Fundamental Right to a constitutional right under Article 300A, making government acquisition permissible only for public purposes with adequate compensation.
Historical Judgments
- Ranganatha Reddy Case (1977): The Supreme Court upheld a Karnataka law nationalizing private bus transport services. Justice V.R. Krishna Iyer, in a minority view, extended the scope of “material resources” to all wealth, both private and public, if it served community needs. This interpretation influenced subsequent cases like the Sanjeev Coke Manufacturing Co. vs. Bharat Coking Coal Ltd. (1982) and Mafatlal Industries Ltd. vs. Union of India (1996).
Current Ruling
- Majority View: In Property Owners’ Association vs. State of Maharashtra, the nine-judge Bench concluded that Justice Iyer’s broad interpretation promotes excessive government control, which is inconsistent with India’s shift to a liberalized economy.
- The court emphasized that resources must be genuinely “material” and “of the community” to qualify as “material resources” under Article 39(b).
- Resources such as forests, mines, and spectrum might fall under Article 39(b), even if privately held, but not all private assets qualify.
- “Distribution” under Article 39(b) can involve government acquisition or redistribution to private entities, as long as it serves the common good.
- Guidelines for Determining ‘Material Resource’:
- Inherent characteristics of the resource.
- Impact on community well-being.
- Scarcity.
- Potential negative effects from private concentration.
Importance of this judgement
- The ruling recognizes India’s transition to a market-based economy but also acknowledges rising inequality.
- It aims to protect small properties from forced acquisitions while ensuring responsible use of public resources.
- Sustainable management of resources should be prioritized to secure these for future generations.
MAHAKUMBH MELA
TOPIC: (GS1) ART AND CULTURE: PIB
The Maha Kumbh Mela, the world’s largest peaceful gathering, is a sacred pilgrimage held every 12 years at four holy cities in India—Prayagraj, Haridwar, Ujjain, and Nashik
Mahakumbh Mela Scheduled in 2025
- Dates: January 13 to February 26, 2025
- Location: Prayagraj, Uttar Pradesh
About Maha Kumbh Mela
- The Maha Kumbh Mela is a sacred pilgrimage event held every 12 years at one of four rotating sites.
- It is considered the world’s largest peaceful gathering, attracting millions of pilgrims.
- Devotees bathe in the holy rivers, aiming to cleanse their sins and achieve spiritual liberation.
Locations and Sacred Rivers
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- Prayagraj (confluence of the Ganges, Yamuna, and the mythical Sarasvati)
- Haridwar (Ganges)
- Ujjain (Shipra)
- Nashik (Godavari)
Historical Background
- Ancient Roots: Dates back thousands of years, with early mentions in the Maurya and Gupta periods (4th century BCE – 6th century CE).
- Medieval Patronage: Received support from various royal dynasties, such as the Chola, Vijayanagar, Delhi Sultanate, and Mughal empires.
- Mughal Participation: Emperors like Akbar attended the Kumbh Mela, showing religious tolerance.
- British Observations: Colonial figures, like James Prinsep, documented the festival in the 19th century, noting its vast scale and cultural significance.
Modern Significance
- Post-Independence: The Maha Kumbh Mela has become a symbol of India’s unity and cultural richness.
- UNESCO Recognition: In 2017, the Kumbh Mela was recognized as an “intangible cultural heritage of humanity,” highlighting its enduring cultural and spiritual importance.
KUMBHALGARH WILDLIFE SANCTUARY
TOPIC: (GS3) ENVIRONMENT: THE HINDU
An 11-member expert committee has advised conservation efforts in Rajasthan’s Kumbhalgarh-Todgarh Raoli sanctuaries to enhance habitat and prey base before declaring them as a tiger reserve.
- Location: Situated in Rajsamand district, Rajasthan, covering 578 sq km in the Aravalli ranges, stretching across Udaipur, Rajsamand, and Pali districts.
- History: Formerly royal hunting grounds, designated as a wildlife sanctuary in 1971.
- Notable Site: Includes the historic Kumbhalgarh Fort, after which it is named.
- Main river: Banas, primary water source. (Sukdi, Mithdi, Sumer, Kot), tributaries of the Luni River flowing to the Arabian Sea.
Background on Tiger Reserve Proposal:
- In 2023, the Union government and National Tiger Conservation Authority gave preliminary approval to create a tiger reserve.
- Proposed area: Around 1,397 sq km across Rajsamand, Udaipur, Pali, Ajmer, and Sirohi districts in Rajasthan.
Todgarh Raoli Sanctuary:
- Location: Spans 495 sq km across Ajmer, Pali, and Rajsamand districts.
- History: Named after British officer Colonel James Tod, established in 1983; includes the ancient Raoli forest with indigenous tribes.
- Flora: Dry deciduous forest with teak, bamboo, dhok, flowering plants like kachnar, palash, and the vibrant flame of the forest.
- Fauna: Important habitat for leopards, sloth bears, and sambar deer. Over 200 bird species, including grey junglefowl, Indian pitta, and crested serpent eagle.
AL-NATAH
TOPIC: (GS1) HISTORY: THE HINDU
Archaeologists have found a 4,000-year-old fortified town in Saudi Arabia, showing a shift from nomadic to settled urban lifestyles.
About Al-Natah:
- Discovery: Led by French archaeologist Guillaume Charloux and his team.
- Location and Age: Located in the Khaybar oasis; dates back to the Bronze Age (2400-1500 BCE).
Features of the Town:
- Settlement: Indicates an organized community in a period once thought dominated by nomadic groups.
- Fortification: Surrounded by a 14.5-kilometer wall, covering a 2.6-hectare area.
- Population: Estimated to have housed up to 500 people in multi-story buildings.
- Economy: Likely a hub for agriculture and trade, fostering a cooperative society in an arid region.
Architecture and Layout:
- Dwellings: Residents lived in rectangular homes made from stone and mudbrick, connected by narrow paths.
- Burial Sites: Included graves and tiered towers, possibly marking higher social status.
Related Site:
- Another ancient town, Al Faw in southern Saudi Arabia, was recently recognized as a UNESCO World Heritage Site.
MAHASAGAR INITIATIVE
TOPIC: (GS2) INTERNATIONAL RELATIONS: THE HINDU
The Indian Navy recently conducted the third edition of its high-level virtual interaction, MAHASAGAR.
- Full Form: Stands for “Maritime Heads for Active Security and Growth for All in the Region”; “Mahasagar” also means “vast ocean” in Hindi.
- Purpose: This is the Indian Navy’s key virtual outreach program, aiming to foster cooperation among maritime leaders.
- Frequency: Held bi-annually, with positive reception since its start in 2023.
Participating Countries:
- Involves Indian Ocean Region (IOR) nations: Bangladesh, Comoros, Kenya, Madagascar, Maldives, Mauritius, Mozambique, Seychelles, Sri Lanka, and Tanzania.
Theme of the Current Edition:
- Focus: “Training Cooperation to Mitigate Common Maritime Security Challenges in IOR.”
- Objective: Emphasizes the need for collaborative training to strengthen capacities for addressing shared maritime security issues.
Key Discussions:
- Participants discussed the importance of quality training and collaboration for skill-building.
- Aimed at developing capacities among IOR nations to effectively tackle maritime security challenges.