06 January 2021: The Hindu Editorial Analysis

1) The dark step of writing hate into law?

The new marriage laws put state power and the law behind majoritarian
communal biases, boosting regressive mores.

GS 1: Salient features of Indian Society, Diversity of India.

GS 2 : Government policies and interventions for development in

various sectors and issues arising out of their design and
implementation.

GS 4: Ethics and Human Interface: Essence, determinants and

consequences of Ethics in-human actions.

CONTEXT:

. Uttar Pradesh recently passed an ordinance which criminalizes

interfaith marriages, which is against the exercise of the free will of individual
citizens in India.
. These laws blatantly violate the Right to Privacy, which the Supreme
Court of India in a much-lauded judgment in 2017, decreed to be fundamental
right.

Interfaith marriages and the Constitution:

. The right to marry a person of one’s choice is a guarantee under Article

21 and it is.also granted in The Special Marriage Act, in 1954.
. At the same time, freedom of conscience, the practice and propagation
of a religion of one’s choice, including not following any religion,
are guaranteed under Article 25.
. The domain of matrimony is occupied by separate laws governing
weddings that take place under religious traditions, and the Special
Marriage Act that enables a secular marriage.

Fundamentally wrong:

. Under the Constitution, it is the individual citizen who has and

exercises rights and obligations. But these new laws treat religious
communities, instead of individual citizens, as basic entities.
. Constitution does address communities when speaking of
minority rights and untouchability, it is to only acknowledge and
overcome social discrimination because that impedes the ability of those
citizens to exercise their rights as individuals.
. Violate privacy, choice rights, the level of state interference in a civil
union, which is a solemnisation of a relationship between two individuals,
breaches the basic structure of the Constitution.
. Competitive communalism fanning charges of Hindu betis in
North India being taken away like cattle, are being relived now.
By Prohibition of Unlawful Conversion of Religion Ordinance,
2020.

What is the proposed UP law on ‘love jihad’?

. Conversion done though “misrepresentation, force, undue influence,

coercion, allurement or by any fraudulent means” would face jail term of one
to 5 years, and a minimum fine of Rs 15,000.
. Conversion of a minor, a woman from the SC or ST would have to face a
jail term from three to 10 years, with a minimum fine of Rs 25,000.
. If such conversion is found at the mass level, then those guilty would
face jail term from three to 10 years, with a minimum fine of Rs 50,000.

Need for such law?

. NO : Because many other recent ‘laws’ — on slaughter of cattle,

marriage, and religious conversions — which taken together, target Muslims,
both by denying them shared social spaces and their rights as equal citizens of
the republic.
. YES: However, it still allowed intrusion by the state, unlike under
personal laws, by demanding notices to be put up in advance, The state of UP
is witnessing rising incidents of forced religious conversions or conversions
through fraudulent ways. And against allegedly lured and honey-trapped.

Cost of inaction?

. Inter-religious marriages may be less than 2.5% of all marriages they

put state power and the law itself behind majoritarian communal biases which
empower regressive social mores governing marriage and fellowship.
. Unfairly treating all women in the same way and Reconversion to a
person’s previous religion is not illegal. It may increase communal violence.

Conclusion:

. . Time to revisit the past judgement In Rev Stainislaus v State

of Madhya Pradesh (1977), the Supreme Court held that the fundamental
right to “propagate” religion does not include the right to convert a
person to another religion.
. The ordinance puts an incredible chilling effect on the freedom of
conscience and state must reconsider it.
 2.) Shock treatment will not work in agriculture?
Post-1991, changes in industry caused a second
de-industrialisation; the results in agriculture are likely to be no
different.
GS – 2: Government policies and interventions for development in
various sectors and issues arising out of their design and
implementation

GS-3: marketing of agricultural produce and issues and related

constraints; e-technology in the aid of farmers.

GS-3: Effects of liberalization on the economy, changes in

industrial policy and their effects on industrial growth.

CONTEXT:

. Agricultural Produce Market Committee (APMC)-mandi policies for

agricultural marketing, initiated in the 1960s for a few crops, have outlived
their utility and the system needs a new policy in the face of the agricultural
sector’s growth slowdown.
. The government has opened up the output market with the aim to let
market forces improve efficiency and create more value for farmers and the
economy.
. Problem of stagnation and high input prices in agriculture can be
addressed through a systematic approach proposed in the M.S. Swaminathan
Commission and/or the Ashok Dalwai Committee.

Replacement of Agricultural Produce Market Committee (APMC)

is needded?

. Crop-composition is not widening, and investments in land are not

happening.
. Market pattern and Utility system needs a new policy in the face of the
agricultural sector’s growth slowdown due to restriction impose by WTO.

Agricultural Produce Market Committee (APMC)

is Marketing board established by state governments in India to
ensure farmers are safeguarded from exploitation by large retailers, as
well as ensuring the farm to retail price spread does not reach
excessively high levels. APMCs are regulated by states through their
adoption of a Agriculture Produce Marketing Regulation (APMR) Act.

The Hindu
 The government has opened up the output market:

. Opening up the output market with the aim to let market forces
improve efficiency and create more value for farmers and the economy.
. The recent passed three new Laws state that farmers are now free to
sell all their products anywhere and to anyone beyond the physical premises
of APMC markets.
. The laws also promote contract farming through establishing
partnerships between farmers and food-processing companies, and also
permit unlimited hoarding of food except in special circumstances.

What farmers want?

. Their produce prices should be the cost of production plus a

reasonable mark-up.
. Fluctuations in prices should be minimal.
. There should be little or no interface with legal or administrative
officials — they are not comfortable dealing with the “sahibs and the police”.

New markets are an unknown to farmer:

. The first law of the Minimum Support Price-mandi is a known devil,

but the new markets will be an unknown ghost with no control over them by
anyone.
. Farmers’ anger or arbitrate(by SDM not by Court) in difficult
situations, malpractices in the new systems are neither forecast-able nor is
there any authority to report to.
. While the government says that the mandi-MSP system will continue,
the question is, for how long? If the alternative traders offer better prices,
farmers will go there and not to the mandis.
. Traders could reduce the prices on more than one pretext, such as
finding faults with the product; declining to buy on the pretext of glut (a wait
and watch strategy); defaulting on payments, and so on.
 Advantage corporate buyers over farmer:

. The corporate-buyers might just not buy the full quantity of the
product on one or another pretext or delay payments , and if farmers complain,
the corporates have access to a battery of lawyers, the fine print in contracts,
the advantage of language, and, above all, the capacity to wait it out.
. The other issue is in regard to different regions and crops.
Many proponents of the agri-marketing laws maintain that farmers from
outside the wheat-rice belts in northern India are not protesting. Evidently so,
since the country is diverse with some 15 agroclimatic zones and has over 50
crops grown.

Benefits in fevered?

. New selling option: The bill gives the long sought freedom to the
farmers of selling their produce via more than one channel of APMCs.
. Might be better price: It will also help farmers of regions with
surplus produce to get better prices and consumers of regions with shortages,
lower prices.
. Promote national and international trade: It will also promote
barrier-free inter-state and intra-state trade and commerce outside the
physical premises of markets notified under State Agricultural Produce
marketing legislations.
. One India, One Agriculture Market: The Bill basically aims at
creating additional trading opportunities outside the APMC market yards to
help farmers get remunerative prices due to additional
competition.

Way forward:

. The farmers will earn better income as they get to dictate their own
price and do not have to pay transportation charges anymore.
. Having a variety of buyers will protect farmers from exploitation and by
having more sellers (farmers), consumers can buy better products at better
deals.
. Although the role of middlemen is not going to end completely, their
hold on the trade will not be as strong.
. Competition is the best protector of stakeholders whether it is
consumer or the farmers.
. Shock treatments do not work anywhere, be it agriculture, industry or
the economy. Many an industry, post-1991, shut down due to “shock
treatment” then, resulting in a second de-industrialization and the loss of
hundreds of thousands of industrial jobs.
 3) Changing contours of India-U.K. ties
The two countries have a shared past and need to chart a
different shared future.

GS 2: Effect of policies and politics of developed countries on

India’s interests

GS 2: Bilateral, regional and global groupings and agreements

involving India and/or affecting India’s interests.

CONTEXT:

. British Prime Minister Boris Johnson who, due to the ravages of

COVID-19 mutations in the U.K., has expressed his inability to attend a
truncated version of India’s Republic Day parade this month.
. From Britain’s point of view, Mr. Modi’s invitation to its Prime
Minister was fortuitous because Brexit necessitates that every effort be made
to seek commercial advantage in Asian countries with high growth rates.
. The two countries may settle for a limited one perhaps covering
pharmaceuticals, financial technology, chemicals, defence production,
petroleum and food products.

A fortuitous invite or A pattern of choosing chief guest ?

. The Prime Minister’s choices have mostly been leaders identified with
the Western camp. Besides this, the invitation to Britain was the sixth to that
country, more than to any other nation.
. There is much in common between Mr. Modi’s recent invitees, Mr.
Bolsonaro, Mr. Trump and Mr. Johnson.They are all populist
nationalists advocating ‘make my country great again’ and ‘my
country first’. Their brand of democratic politics is self-centred and
impervious to criticism.
. In one aspect of his invitation to Mr. Johnson, Prime Minister Modi
was remarkably prescient. With the EU-British trade agreement
concluded in the dying hours of 2020, the betting now is that Mr.
Johnson will lead his Conservative Party into the next election in 2024 as
Prime Minister.

Indian and UK recent negotiation :

. India has a shared past with Britain and needs to chart a different
shared future, now that Britain has left the European Union (EU).
. One joint enterprise will be as members of the UN Security Council
where Britain has permanent status and India holds a non-permanent seat
this year and next. And this year, Mr. Johnson will be hosting India as an
invitee to the G-7, and the UN Climate Change Conference.
. India has been fruitlessly negotiating a trade agreement with the EU
since 2007, during which Britain was considered the main deal-breaker.
. The EU wanted duty reductions on autos, wines and spirits and wanted
India to open financial sectors such as banking and insurance, postal, legal,
accountancy, maritime and security and retail. India, as always, sought free
movement for service professionals.
. Britain is among the top investors in India and India is the
second-biggest investor and a major job creator in Britain. India has a credit
balance in a total trade of $16 billion, but the level is below India’s trade with
Switzerland, Germany or Belgium.

Importance of UK for India :

. Joint Economic and Trade Committee (JETCO)

meeting: India and the United Kingdom (UK) affirmed their shared
commitment towards a Free Trade Agreement (FTA) during the
14th virtual Joint Economic and Trade Committee (JETCO) meeting.
. Investment: It is a significant partner of India as an FDI
investor after Mauritius and Singapore which ranked second and
first respectively.
. "Special and preferential": access the UK will get in the vast
European market when it is out of the EU’s single-market dynamics.
. The UK is a permanent member of the UN Security Council, and
one of the strategic partners of India. UKs support at global issues
like standoff with China in the Ladakh sector of the Line of Actual Control
(LAC) and claim for permanent seat at UNSC.
. Institutionalized dialogues: India and UK have a number of
bilateral dialogue mechanisms in place, covering a wide spectrum of areas
including political, trade, education, science & technology, defence
etc.
. Education: Education is an important plank of the India-UK bilateral
relationship. Over the last 10 years, the relationship has grown
substantially with the introduction of bilateral mechanisms such as
the India-UK Education Forum UK-India Education and Research
Initiative (UKIERI).
. Indian Students: UK has traditionally been a favourite destination
for international students. At present, there are approximately 20,000
Indian students pursuing Undergraduate and Postgraduate
courses in the UK.
. Cultural Linkages: Cultural linkages between India and UK are deep
and extensive, arising out of shared history between the two countries.
There has been a gradual mainstreaming of Indian culture and
 absorption of Indian cuisine, cinema, languages, religion, philosophy,
performing arts, etc.
. Indian Diaspora: The India Diaspora in UK is one of the largest
ethnic minority communities in the country, with the 2011 census
recording approximately 1.5 million people of Indian origin in the
UK equating to almost 1.8 percent of the population and contributing 6%
of the country’s GDP.
. Geopolitical Significance - The Indian Ocean is identified as a vital
arena for closer defence and security cooperation between the two countries.
Further, India needs UK’s support on international fora for its aim to
have a permanent seat in UNSC and full membership of NSG.

Way forward:

. India-UK relationship would necessarily entail the UK. is more

sensitive to India’s concerns, and for India to be less sensitive when
Britain expresses its concerns.
. Both need economic support from each after India exit form Regional
Comprehensive Economic Partnership (RCEP) and UK from European
Union (Brexit).