CIHS – Centre for Integrated and Holistic Studies

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Kashmir on way to new vistas

G-20 summit next week will showcase India’s commitment to transform the valley into cradle of human peace, tourism and economic activity Japanese Prime Minister Fumio Kishida showcased Hiroshima as harbinger of peace, fulcrum of development and civilizational connect by hosting G-7 summit. This high level global engagement happened 77-years after it was devastated by atomic bombs detonated by United States on August 6 and 9 in 1945 killing about 226,000 civilians. Change and makeover is law of life. And, Kashmir aligns perfectly well in India’s decision host the G-20 tourism working group next week in Srinagar. This provides perfect opportunity for India to showcase development, democratic transition, peace and tranquility brought to the paradise on earth in less than a decade. The decision to take G-20 to Kashmir may not be palatable to India’s adversaries that rake up non-issues. Showcasing Kashmir’s potential to become part of global tourism circuit cannot be missed by India’s friends and foes alike. Terror, islamist jihad and across the border meddling by non-constitutional actors is virtually a thing of the past as Jammu & Kashmir picked up pieces and moved on. Perceptible change that has dawned on Kashmir following the exodus of over 150,000 Hindus in 1990 is something to write home about. India’s decision to G-20 in Kashmir is part of its larger strategy to fully leverage its Presidency of the most influential global group this year and pep up the valley’s local economy and cater to upwardly mobile aspirations of the youth that have firmly said ‘no’ to violence, mindless killings in the name of jihad. The 200-odd meetings under India’s G-20 presidency have been spread to over 50 cities from Humpi in Karnataka to Siliguri in Assam moving away from the usual Delhi and Mumbai based engagements. Normally, cities spotlighted globally become big tourist destinations globally and that’s perhaps the idea in taking G-20 tourism summit to Kashmir. Let us not forget that Reykjavík, the capital city of Iceland turned into a global tourist hotspot after the US President Ronald Regan and General Secretary of Communist Party of Soviet Union Michael Gorbachev held their summit level talks in run up to nuclear power treaty between the two countries way back in October1986. Similarly Marrakesh, the western city of Morocco emerged as topline city for holidaying and tourism after it gave birth to the World Trade Organisation in 1994. Bringing new cities, locales and areas to global attention has not limited to leaders elsewhere. Historic summit level talks between Prime Minister Narendra Modi and Chinese President Xi Jingping held in Ahmedabad after landslide victory of the Indian leader in 2014 has etched in the memory of global tourism circuit. In fact, as reports suggest, this gave idea to President Xi to host Modi in Chinese province of Shaanxi. Shaanxi also being the birthplace of President Xi’s father emerged as a regular tourist destination for both domestic and international travellers. From being friction point between India and Pakistan since 1947, Kashmir has moved on unrest and violence. India’s significant focus to restore peace and stability, political changes in 2019  has begun pay off dividends in the form of development, attracting investments, and enhancing tourism opportunities. On August 5, 2019, Union Home Minister Amit Shah piloted a proposal in Parliament to end Jammu and Kashmir’s special status and this also led to bifurcation of the state into two Union Territories. The amendment in Article 370 of Indian Constitution also turned out to be the turning point for positive changes and integration that paved the way for prosperous future, including economy, infrastructure, governance, and social welfare. Massive makeover of road networks, bridges, tunnels, and power infrastructure and enhanced connectivity with rest of the country is just one part in Kashmir returning to normalcy. Completion of the Zojila tunnel, the Ujh multipurpose Project and the engineering marvel Chenab rail bridge — the world’s highest railway bridge — are among major infrastructure projects that provided heft to transportation as well as unlock the region’s immense economic potential. Revival of grassroots democratic institutions, such as Block Development Councils leading to delegation of governance enabled people to have direct say in their affairs. This decentralization of power fostered inclusivity, accountability, and efficient utilization of resources, ensuring that development reached every corner of Jammu and Kashmir. While showcasing the development thrust, India may also go overboard to sell Kashmir as cradle of peace ready to host the international travelers seeking to find an alternative to Swiss Alps. Hosting G-20 meetings in Kashmir is also a tight slap on anti- India propagandists, jihadists and their handlers globally. G-20 tourism summit should be seen as just a beginning in transformation of the Kashmir valley.

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China’s Camp David Moment?

Weaponizing economic prowess, military might and expansionist doctrines may limit China’s role notwithstanding Saudi Iran deal Dr Amritpal Kaur Camp David Accord of 1978 was a diplomatic coup for President Jimmy Carter. It was an Accord that brought open hostilities between Israel and Egypt to an end and peace in Sinai Peninsula. Though President Sadat of Egypt had to pay for the Accord with his life, it was an unprecedent moment in West Asia when a major Arab country concluded a pact with the Jewish State. It was also an exhibit of American diplomatic heft, a stroke of politics in optics where Muslim and Jewish states could be brought to the negotiation table. One assumption of world power is its belief that its mediation would be welcomed by parties engaged in disputes to break the stalemate as well as find a solution. Camp David is also an example to bring currency to the idea that a powerful mediator could possibly bring seemingly antagonist parties together and alter the tone of international relations. It also emphasizes psychological acceptance of the greater power by other nations. It is announcement of the superpower on global stage. Though US superiority could be contested even then, Egypt and Israel were forced into the accord. What perhaps could not have been denied is USA’ ability to project itself as an accepted world power.   Recently, China sought to enact its own Camp David moment through a deal between Saudi Arabia and Iran. Saudi Arabia is the leading Sunni country and Iran is an undisputed Shia leader. For decades these countries have been at loggerheads stemming from their alternate Islamic belief systems and competitive bid to be undisputed leader of the Islamic world. The deal between the two would be a milestone if it enables the two warring countries to better manage their differences better though permanent solutions are nowhere in sight. If this happens, then there’s outside chance to ring in peace across MENA region with direct implication for Yemen war that has been going on for years now. On the other hand, USA bid to broker a diplomatic deal between Saudis and Israel has not worked till now. US failure may be attributed to chilly relations between Washington DC and Riyadh since Democratic White House under President Joe Biden took charge. Also, Saudi Arabia seems to have played the China card deftly to counter-balance US, its long standing ally. Given the changing global power equations, countries seem to be playing one power against the other to secure their respective interests. In this melee, China has upped the diplomatic ante. By leaving East Asian shores and engaging with West Asia, China seems to be testing waters. Saudi Arabia – Iran deal may be an opportunity for China to attempt shifting its positioning globally more as a deal maker rather than being seen as a global encroacher. However, there are limits to Chinese capacities to act as a credible global power broker of first resort. Since 2013 there has been a sense of urgency in Chinese set up to project itself as an acceptable global power. But then, turning a global power may not be easy and has to turn a ‘magnanimous player’ rather than limiting itself to Chinese interests under Xi’s new doctrine. For long, West Asia, especially Saudi Arabia was seen as a close USA ally. Geographical location of Israel along with its security challenge, another close ally of USA, the need for petroleum products had necessitated good relations between the Saudis and the West. From Saudi perspective also, allowing China to broker a deal with Iran may tantamount to ‘testing waters’ with the dragon state, at the same time signaling to USA of diversification of its interests. Increased Chinese assertiveness and aggression coupled with ambition is the phenomenon which has taken the western world off-guard. Wolf Warrior diplomacy coupled with expansionist military posturing on the borders, both territorial and maritime points demonstrates Beijing’s intentions vis-à-vis it’s much sought after branding of a ‘peaceful negotiator’. ‘Image makeover bid’ of China has been seen through as it weaponised its economic power to coerce other countries across the oceans. Diversification of Supply Chains, Friend-shoring, Near-shoring, China plus One are the strategies adopted by several countries to hedge against the Chinese coercion.  Bonhomie between two communist powers China – Russia is something that worries to no end most global community that believes in free and open democratic order. This bonhomie got cemented in the wake of Ukraine crisis and their noise on ‘possible alternative global order’. Given the limitations, Saudi – Iran agreement may not translate into a Camp David Moment as the deal may not translate into gains for either of countries. Resumption of diplomatic relations between the two has been put on a tentative timeline which only suggest that there is a tip-toeing around the idea of lasting peace between leading Shia and Sunni countries. The acceptance of Chinese mediation has not convinced them to shed their differences unlike the accord between Israel and Egypt in the bygone era. The world has clearly moved away from cold war mentality of bipolar world order. Each country has its calculations in place of the blind camp following. For example, Saudi Arabia has accepted Chinese mediation because of its stressed relations with USA in aftermath of Jamal Khashoggi murder and pricing of petroleum products in the wake of Ukraine crisis. Same is the case with Iran. Crippling sanctions placed by USA under the Trump regime has pushed Iran into a tight corner with an acute economic impact felt across the country.  Covert role of Russia in the deal takes the number of mediators to two. China and Russia, it is argued, were busy enlisting anti-USA countries as friends. Apart from Iran, Pakistan and Saudi Arabia were others to be brought into the orbit. Will China manage to create one such group in the near future where world order gets altered? What would be Russia’s standing given that its

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Unsettling Judicial Overreach

K.A.Badarinath Open debate on legalizing ‘same sex’ marriages, stakeholders consultation must precede Parliament enacting a law. Courts have no role This is not the first time that courts have gone on an overdrive with judicial over-reach. Supreme Court’s stand on legalizing same-sex marriages is yet another example of its bid to trample on powers of the executive and Parliament. While demarcation of powers between the three is clear, repeated bid by the courts to stamp on someone else’s toe is making things worse for an already chaotic but working democratic setup that India has evolved over 75-years. During the ‘Amrit kal’, the intervening 25-years to the centennial, this transgression by judiciary has to change in New India. At one point of time, Honourable Lordships were trigger happy to sit on judgment as to whether a girl or woman can avail menstrual leave not leaving it to states, governments or stakeholders to decide. Supreme Court made attempts to assign itself the task of appointing three commissioners to Election Commission of India which is crass. When the Covid-19 pandemic was at its peak in 2021, Supreme Court and High Courts expected Central Government and states to report on ‘virtual day to day basis,’ as to who were getting vaccinated and who were not. Latest is Supreme Court taking upon itself to decide on legality of same-sex marriages. Should this key socio, cultural, religious, dharmic and economic issue be left to courts? Erroneously, Article 21 and 19 (1) (a) of Constitution of India were invoked citing right to expression and dignity of those that favoured same sex marriages. There seems to have been temporary loss of memory that application of Section 377, Indian Penal Code was turned unconstitutional. And, thereby dignity and expression of homosexuality or lesbianism was restored giving men and women their right to sexual preferences in relationships. These relationships have been decriminalized My Lordships! Should courts be allowed to decide how one lives or marries? Do courts have the mandate to tamper with the institution of marriages in India that is not limited to just two individuals of opposite sex but the families and society at large? On the other hand, power to legislate on a delicate issue like marriages is definitely in the domain of the Government, Parliament, elected policymakers and definitely not with judges that do not support openness in their own appointments. Otherwise, there’s no reason why National Judicial Appointments Commission bill of 2014 was vetoed. Incidentally, Rashtriya Swayamsevak Sangh has rightly pointed out that marriages and related rituals were very sacred and sacrosanct in Hindu way of life that largely define and provides distinct face to Indian society. There’s awareness among stakeholders on deep divide and complexity in accepting same-sex marriages. In majority countries globally, same-sex marriages have not been legalized even if such relationships have been. In fact, in Indian context decriminalizing the same sex relationships in 2018 was humane in approach. In this backdrop, referring the same-sex marriages to a five-judge bench invoking Section 145 (3) of Indian Constitution needs closer scrutiny by stakeholders. Instead of making desperate attempts to hog headlines day after day, courts and honourable judicial officers should put their own house in order. Administering justice to common man or woman should take primacy in the way our judicial institutions function and not the urge to hog headlines next day, come what may. Reform in judicial system should be top priority of this elite club of judges that seek to run affairs of the country from precincts of their chambers. Phasing out adhocism, bringing in accountability, removing corruption and lobbying in courts that normally goes unreported or under-reported should be primacy of the Chief Justice of India who leads a pack of wise men and women. Administering justice in time is an issue that’s time and again flagged by several commentators including some top judicial minds. Over 4.9 crore out of five crore cases are pending in district courts across the country without respite to the commoners as per figures quoted by law minister Kiran Rijiju. As per the National Judicial Data Grid, over 93 crore cases were pending in subordinate courts, 49 lakh cases in High Courts and 57,987 cases in Supreme Court as of December 2022. Instead of restricting itself to constitutional issues, Supreme Court turning itself into regular court of appeals may be just one reason.  More than that, the top court unwilling to play its role in reforming the system is the second reason. Thirdly, indulging in issues that may or may not be of its concern like the ‘same sex marriages’ could be yet another possible reason. During ten years of policy paralysis of United Progressive Alliance regime of 2004-13, judicial overreach got into high gear. Fledgling era of coalition governments and dirty political bickering etched out ground for judicial mis-adventurism by extension too. Highest judicial officers led by his Lordship Chief Justice Dhananjaya Y Chandrachud should take the first step towards making courts and related institutions relevant to 1.4 billion Indian people. My Lordships give judicial system a chance!   (Author is Director & Chief Executive of New Delhi based non-partisan think tank, Centre for Integrated and Holistic Studies. Views expressed are personal)

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Explainer: Recognition of same-sex marriages

On March 13, 2023, Indian apex court transferred a plea for recognition of same-sex marriages to the constitutional bench. Justice DY Chandrachud, PS Narasimha and JB Pardiwala listed the hearing from April 18, 2023. In an affidavit, Indian government has opposed the plea seeking legal recognition of same-sex marriages. Indian government said that marriage is accepted ‘statutorily, religiously and socially’ only between a biological man and a woman. The affidavit argued that any deviation from this accepted form could only be voted by lawmakers and not ruled by courts.

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