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The Real Reason Why the Supreme Court Had To Ban Petcoke

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The Supreme Court of India recently imposed a ban on the use of petcoke and furnace oil in the states of Rajasthan, Uttar Pradesh and Haryana which are situated in the National Capital Region (NCR). The ban comes in the wake of several public interest petitions filed before the Supreme Court as well as the National Green Tribunal regarding the alarming rise in air pollution in Delhi and the associated health and environmental hazards.

The Court severely rebuked the Government for its lackadaisical attitude towards addressing the issue despite prior directions being issued by an expert panel appointed by the Court which demanded a prohibition on petcoke and other excessively polluting fossil fuels. Although, petcoke and furnace oil were officially banned in Delhi in 1996, their rampant use in neighboring states by the cement factories, dyeing units, brick kilns and other industries has turned Delhi into India’s air pollution capital.

What exactly is petcoke?

Petcoke is an exceptionally polluting form of carbon which is banned in several countries due to its severe toxicity. It is categorized as a “bottom of the barrel” fuel as it is essentially residual waste material which is obtained after refining coal to extract lighter fuels like petrol. Petcoke is abundantly used in India in several manufacturing industries such as cement, steel and textile and it is generated in vast quantities by refineries as it is significantly cheaper that coal, has high calorific value and is easier to transport and store.

Impact on health

While vehicular fuels like petrol and diesel contain 50 parts per million (PPM) of sulphur oxide, furnace oil contains 23,000 PPM and petcoke contains a whopping 74,000 PPM of sulphur content which is released into the atmosphere as emissions. Apart from sulphur, petcoke also releases a cocktail of other toxic chemicals such as nitrous oxide, mercury, arsenic, chromium, nickel, hydrogen chloride and greenhouse gases (GHG) which contribute to global warming. It is also important to note that petcoke is much more potent than coal and causes greater harm to the environment and health.

According to a 2015 report published by The Lancet Commission, 8 residents of Delhi die each day as a result of air pollution. Delhi has been ranked as India’s most polluted city and is also among the world’s most critically polluted cities.

As per the report, India has topped the list of pollution related deaths in 2015 with a staggering 2.5 million deaths due to pollution. The report also revealed that only a handful of cities in India comply with the air quality standards prescribed by the Central Pollution Control Board and identified that the primary cause behind increasing air pollution as fossil fuels.

In Delhi alone, 2.2 million children suffer from irreversible lung damage caused due to air pollution. Further, air pollution has contributed to a host of diseases including autism, epilepsy, headaches and cancer.

Petcoke has a deleterious effect on the respiratory system and particulate matter can get embedded in lung tissues, causing serious long term health hazards.

India’s carbon tax model and its impact on industry

The reason for the petcoke menace in the recent years can be directly attributed to the Central Government’s inherently flawed carbon tax policy. Carbon tax was introduced in India in 2010 and has since its inception been fraught with complications due to its improper structuring and pervasive maladministration. Among the many intrinsic loopholes in the carbon tax policy is its questionable coverage. Unlike many other jurisdictions such as Australia, the scope of India’s carbon tax is myopically restricted to coal, thereby excluding other forms of greenhouse gases (GHG) emitting fuels like petcoke and furnace oil; many of which have a deeper impact on the environment and health than coal.

Given that the main objective of carbon tax is to mitigate negative externalities of fossil fuels on the environment, and act as a pigouvian tax, logic dictates that it should be applicable on all sources of carbon emissions. A broad based coverage is a necessary component of any progressive carbon tax policy as evidenced from international experience. Yet, the Indian Government has chosen to maintain a narrow coverage, thereby diluting the purpose and efficacy of carbon tax and encouraging polluters to shift from the dirty coal to even dirtier petcoke.

The industry was quick to exploit this obvious loophole and shift from coal to other forms of carbon which were free from the tax bracket. Although petcoke is much more harmful than coal both from an environmental and health perspective, there is no tax or cess levied on the use or production of petcoke.

In order to circumvent the current carbon cess of Rs 400 per metric tonne on coal, cement and steel manufacturers have been heavily relying on petcoke, thereby increasing carbon emissions and air pollution. While India witnessed a decrease in coal imports by 20 million tonnes last year, petcoke imports doubled exceeding 10 million tonnes. In recent years, petcoke is also being used in captive power generation plants in India. Big polluters like Reliance and Essar have capitalized on this demand and made huge profits after the imposition of carbon tax.

India’ carbon tax policy has always been weak and riddled with inefficiencies; however, post GST it has become positively redundant. Earlier, proceeds from the carbon cess used to be accumulated in an earmarked non-lapsable fund known as the National Clean Energy Fund (NCEF). The NCEF was supposed to be used for funding clean energy projects and encourage industries to shift from fossil fuels to clean energy. Yet, over the years the fund has been treated more like a general corpus for the Government to dip into for ad hoc projects. In fact, out of the 57 billion USD accumulated in the NCEF, only a miniscule fraction has actually been deployed towards the original intended purpose. However, the coup de grâce to the NCEF and carbon tax was the introduction of GST under which all the proceeds are now being funneled to compensate states for loss arising out of the introduction of the GST regime.

Currently, China and India are the leading consumers and importers of petcoke in order to catalyze rapid industrialization and economic growth. However, since 2014, China has steadily been decreasing its dependence on petcoke by shifting to cleaner alternatives. India on the other hand, continues to increase its consumption of petcoke and other non-carbon fossil fuels. 

The need to translate words into action

In recent years, the government has experimented with several measures to curb the levels of air pollution and carbon emissions by levying carbon tax, cutting down traffic and most recently banning the sale and use of fireworks in Delhi. However, these measures have been met with lukewarm response due to poorly structured policies and lack of implementation.

The Supreme Court’s ban in a few select states is not going to solve the real problem. Petcoke, furnace oil and other non-carbon fossil fuel based alternatives to coal are used across India to avoid the carbon tax. In the ongoing COP 23 in Bonn this November, India will undoubtedly reiterate its ambitious plans to mitigate climate change by cutting down on carbon emissions and making efforts to switch to clean energy. Over the years, this very same rhetoric has been repeated ad nauseum.

It is high time that talk was translated into action. The need of the hour is to design a long-term sustainable fossil fuel policy which incorporates international best practices and does not allow polluters any flexibility to switch from one fossil fuel to another. Specifically, the carbon tax policy needs to be revamped entirely to reflect India’s ambitious international commitments towards mitigating climate change.

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South Asia

A Skeptic view of Intermediary Guidelines and Digital Media Ethics Code

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On 25, February 2021, the Information and Broadcast Minister of India released the Intermediary Guidelines and Digital Media Ethics Code. These rules are effective immediately. Such immediate implementation is necessary because of the raging misinformation campaigns, and unregulated social media content. These are exacerbating the fissures within the society. The new Media law aims to shut those information led discrepancies in society. These intermediary rules apply to all the internet curated content providers and intermediaries. The applicability of these rules is quite wide. If you decide to set up a website that provides information on current affairs, if you decide to design an application to exchange information, if you decide to start a blog which of course publishes only a curated content, then you should do your job following this law. But, if you start a personal blog, then this is not applicable. On the whole, it is a self-regulating framework provided to the online publishers and intermediaries by the government. However, there are certain concerns with this gazette that will be viewed in this article.

In the lieu of this self – regulating law, an examination of WhatsApp’s encryption system would provide a more critical view on the new guidelines. WhatsApp claims that its platform provides an end to end encryption to protect the privacy of the user communications. In the intermediary guidelines, article 3 (1) (d) brushes away the end-end encryption of social media platforms. Firms like Facebook gained the trust (at least initially) because of the end to end encryption. With the government mandating these platforms to provide them with the source of the content, the intermediary platforms have to take a shot at the encryption. Else it is not possible to provide the information of the source.

However, an interesting and much-needed mechanism has been mandated by these new guidelines. The grievance redressal mechanism provided by section 3 (2) is a welcome move. All the intermediaries shall provide the same grievance redressal officer on their platform. Any complaint shall be acknowledged within 24 hours and shall be solved within 15 working days. There is also an oversight grievance redressal system as provided by the rule (13) of the intermediary guidelines. Under this rule, an unanswered complaint or an unsatisfied answer would have a chance to appeal to the higher authorities. This appeal would be sent to Level II of the self-regulating body to which the publisher is a member. Level II body is an inter-departmental committee. This committee is only an advisory committee and any action on the intermediary is a sole prerogative of the Ministry of Information Technology. Ironically, this procedure includes a long process with an unnecessary advisory committee. Further, India is a country where RTI filings are not properly addressed even though there is a proper redressal mechanism with an appellate authority. This grievance redressal mechanism might end up being functional only on paper. The government has provided 3 months to establish such a grievance redressal system on their platforms, and till now no intermediary has put up such a system.

These rules are no doubt necessary and more stringent laws may be required to keep the misinformation and propaganda in check. However, if the measures are to be made stringent, they would appear similar to that of Chinese laws. Already, Indian foreign policy is thought to resemble that of China. China and India both align their nationalistic fervor and historic glory in molding their foreign policy. This new social media law appears to make sure that India is not lagging behind China in strictly codifying the society. It uses vague terms like content should not be defamatory [3 (1) (b) (ii)], threatens unity, integrity, sovereignty, defense, of India [3 (1) (b) (vii)]. China in its constitution also uses similar vague terms to which many scholars pour in criticism.  Within the Chinese constitution, Article 25  constitution provides publishers with a list of types of content that are strictly prohibited. They include ‘incitement to secession’, ‘sabotage of national solidarity, ‘disclosure of state secrets, ‘promotion of obscenity, superstition or violence’ and, ‘harm to social morality and excellent cultural tradition of the nation’. Article 8 categorizes acts that are ‘manufacturing ethnic conflict and incitement to secession’ through ‘fabrication or distortion of facts’ or ‘publication or spreading of words or speeches’. Such vague terms are opined to be a cause of self-censorship in China. If the language used by the Indian government and the Chinese government is similar, then self-censorship can also be thought to dawning in India.

The Rules could have been much better if technology is understood

Instead of blanketly asking the intermediaries to provide the information of the source, the government could have deliberated with the technical experts and arrange a software key to decode the encryption whenever the responsible authority asks for the data. In such a way, the privacy of the individual will also be protected and the platforms will comply with the regulations.

Another irritating development is the mention of informing the users about the legal agreements and the data policy of the digital platform. This is no new approach. It is in practice for many years and most of the users will not read a line of the agreements. When online services become a necessity of life, it becomes the prerogative of the government to make sure that the public is well aware of all the regulations and guidelines. Perhaps a better way is to introduce a course in all levels of education. Moreover, consent of a user to use google maps, email services, bank applications is not all consent. These have become necessities and if consent is not provided from an individual, these services are not provided. I reiterate here that necessary consent is not consent.

Conclusion

A short example would summarize the incapacities of India. Recently, the Competition Committee of India has intervened when WhatsApp updated its policy terms. WhatsApp tuned their policy to share the data with a third party via Facebook. This would give them an undue advantage on digital marketing which has become the ubiquitous business model. Strong laws on data portability would have avoided this ex-ante. To maintain a level playing field, CCI has to step in and yet there is no law. Even the new guidelines for the intermediaries do not have a basic framework (to say data legislation). Further, intermediaries are allowed to collect and store the data. Irony is that, this rule is enacted without the data protection law.

Devising and maintaining trust in the online content creators and users is becoming ever important. Apart from all the mentioned concerns and developments made by the Information Technology Rules, 2021, a central repository of citizens’ data which is described in the India Stack document would be welcome progress. Though the government needs to have the access to digital data, mocking the privacy of citizens is not an answer. A more technical solution must be adopted where access to the digital data from the social media platforms would be gained by the government through a thorough technical process, independent of the human-led institutions. Further, the vague terms used in this gazette appear to be similar to that of the Chinese constitution. The path towards regulating social media should be carefully treaded so that it follows and respects democratic values.

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South Asia

Interplay of Power Politics in Afghanistan- A Tussle for Regional Solidarity and Security

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Afghanistan has been a battle ground for the dissimilar ideologies corresponding to communists and capitalists for the past many years. They always face a robust antagonism in the aspect of local Afghans, jihadist Taliban’s and the other terrorist groups like Al-Qaeda. But now the scenario of Afghanistan’s conflict is the in different and potential phase. Opportunities for peace are more often expected in the future but disintegration remains enthusiastic. A liable and lucid usual’s of U.S. actions may perhaps significantly intensify the gambles of a peaceful resolution to the unwinnable battle-ground for the America that has been taking place since last forty years. A hasty slant could accelerate the probabilities of a collapse and disruption of peaceful initiatives being taken in Afghanistan as well as getting worse of this long and tragic war with undesirable consequences for the regional solidarity and security. It may heighten huge threats to South Asian countries, the US its allies and, Afghanistan itself in the future if peace talks remain faltering.

After the drastic events of 9/11 engagements of great powers in Afghanistan seems likely more significant especially the United States of America and China’s involvement in Afghanistan that has portrayed a competitive manifestation in the milieu of great powers politics in the south Asian region. Tailed in complexes of interdependence and neo-structural realism paradigms. Sino- US involvements in Afghanistan hold negative imprints like polarization as well as drawn regional implications for stability and security predominantly affecting the relations between India – Pakistan and, Afghanistan into deteriorated and fragile environs. Furthermore, Sino-US rivalry devours a poorly lit prognosis of the regional economic interconnections and cohesions. Which are essential in reestablishing the strength and solidity in Afghanistan and also in the entire south Asian countries. Considering the first tier states like the United States of America, Russia, and china and the second tier states like Pakistan, Iran, India, Saudi Arabia, Qatar, and the Arab Emirates having enormous significance in the development of peace negotiation and dialogues between the Taliban and America.

Nevertheless in the post 9/11, the China-US foreign policy tracks documented and noticed under the egis of neo-structuralist realism paradigms shifts. Global security has molded the delineations of US and china’s amity on unwavering Afghanistan and theirs aim for regional security can be viewed under the complexes of interdependence. Both the nation-states have mutually mentored the capabilities and aptitudes for building diplomatic opportunities and evolving prospects in Kabul. On the other hand, it has alleged exhaustively, global power’s interests’ renders immense uncertain footprints for the South Asian security, an enlightening array of offense-defense balancing in Afghanistan. Although the US and China was successful in bringing the Mullah Brother to the negotiation table in Doha and succeeding round of Taliban-US talks. But the power competition among both the states has somehow ruined the opportunities for peace and security in the south Asian region unleashing the negatives for the bilateral relations among stakeholders. More decisively India’s role as a spoiler in Afghan peace dialogues, playing politico-strategic games with Karzai government through investments in infrastructures and several other ventures in Afghanistan.

The United States of America’s realist balancing on the land of hard-hitting populaces of Afghanistan devises from emerging South Asian states as a hub of global interconnectivity due to the importance of the immense development projects like belt Road initiative (BRI) and China-Pakistan Economic Corridor (CPEC). Which are threatening Washington’s interests and influence over the South Asian nations, so their aims to hold on the china’s geo-strategic underpinning reflects the divergence of strategic, political, and economic interests of America and China  in arrears to the Offensive- defensive realist balancing between these super – powers in southwest Asia. Strategically the US presence in Afghanistan has peeved Beijing. US politically gaming with Pakistan and Afghanistan by showing a huge furthest back support to India’s paly in Afghanistan generates a clash with Chinese intents of dominancy over south Asia. Moreover, in the economic interests of both the states have contended; including access to opium, natural gas, oil, and mineral resources in Afghanistan.

China emergence in dome of regional power have a lot more security apprehensions over the regional solidarity and security. How the internal and external dynamic swings owing to the politico- strategic influence of china in Afghanistan. China and Afghanistan both are the close neighbors sharing the short border of 76kilometers from Wakhan to Kashgahar linking with the mainland Xinxiang region of china. The geostrategic proximity in Afghanistan makes it more important for china to intervene and play its role for their own national interests. The whys and wherefores Chinese intervention is unblemished, Beijing wanted to portray like a regional and global aspiration based on offensive balancing in cessation of US and India’s hegemony in the south Asian region. The china’s interests in maximizing its power and security have assured the maintenance of the country’s status especially in Xinxiang region and accomplishing its goals of development plans and opportunities in silhouette of CPEC and BRI by 2025.

China has not militarily intervened in Afghanistan because of traditionally being guided policy of Beijing to avoid any forecasts like US and Soviet had already faced in Afghanistan. The foremost reason of no direct intervention of china could be because china feared from repercussion of militant or insurgent expected in the region of Xinjiang, in the name of jihad like Pakistan had faced in its northern sides. The extremists and Washington would have urges for the Uighurs Muslims separatists’ movements or to avoid any kind of extremism in contour of East Turkmenistan Islamic movement (ETIM) and intimidations to its grand vision of BRI and CPEC. However china play a lip service “operation enduring freedom” and evade in fitting together with the NATO alliances in Afghanistan.

Despite having clashes the US and china holds a collective strategies on anti-terrorism moves in Afghanistan vigor in the favor of regional peace and solidarity. Their collaboration in institutions buildings and development in Afghanistan, although their security objectives contradicts in the region. But Beijing’s imprints in deterrence and any kind of spillover in Xinxiang delineates the notion of china’s security in Afghanistan. China assist in building a mountain based brigade to counter ETIM in north eastern Afghanistan, having a huge political value for Beijing in context of building brigade probabilities to exceed the US economy by 2032.and china attempts through different projects strengthening the underdeveloped countries by creating a win-win situation at both ends promising Afghanistan for trade and developments. 

 The Interconnectivity of national security of Pakistan with stability and instability in Afghanistan has its own importance for the progress of Pakistan. No doubt Pakistan had played a fundamental role in the brawl of Afghanistan. Initially, an ally to US in War on Terror, Pakistan confronted a huge military and financial loss in war against terror. The phenomena of terrorism has effected Pakistan very much as in the shape of death of thousands of citizens and army personnel. Western media had always tried to portray Pakistan’s facade as in context of terrorist’s state. Pakistan has faced much more like drug trafficking, human trafficking, target killing, bomb blast on hospitals, industries, schools, colleges, mosques consequences in human suffering just after US invaded in Afghanistan, US drone attacks on Pakistan’s territory intensifying the grievances of tribal men. However in the contemporary era Pakistan has buildup its fence at Afghanistan boarder to avoid any bedlam from the organizations being funded by the extremists Al-Qaeda, Pakistan’s  government have banned the different organizations who were being funded by the Al-Qaeda whose persistence to make distress in Pakistan like they did in 2011 and onwards

A struggle for stable peace in Afghanistan will remain deformed to an inclusive approaches centered on the best possible consensus for solidarity and security including the role of all indigoes stakeholders in Afghanistan. As stability in Afghanistan directly links with the stability of region as well as long heart-rending relations of India and Pakistan to have mutual consensus over Kashmir resolution. International community and great powers prerequisites to play its role in Kashmir resolution, reconciliation of Durand line and encouraging Afghan- Pakistan concerns over their internal matters and trying to promote the trilateral dialogues between India-Pakistan and Afghanistan. Adhering the power sharing agreements put up with the Afghanistan’s independence and sovereignty and freedom for Kashmiris.     

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South Asia

TLP vs Pakistan: A major conundrum

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A few days back we have experienced a violent anti-French protest by Tehreek-e-Labaik Pakistan (TLP) that has paralyzed the country. This party which has recently emerged as a powerful force to be reckoned with in Pakistani politics is principally fighting against the Blasphemy case that was reported in France when a school teacher, Smaeul Paty showed caricatures of Prophet (PBUH) to the class. Therefore, it is demanding the boycott of French products, expulsion of the French ambassador, and with recent crackdown the release of TLP leader Saad Rizvi-a 26 years old.

However, to achieve their motives they were seen using violent means like protest with police and supporters clashing in the major cities leading to causality counts, massive injuries, and imprisonment. Pakistani administration has now banned the Hard-line party under anti-Terror law 1997, Section 11(B) on grounds that its actions are prejudicial to the peace and security of country and were meant to imitate the public, causing huge bodily harms to law enforcement agencies and bystanders.

Nevertheless, this protest by TLP that has wreaked havoc in Pakistan has to be analyzed from a critical lens while looking up to the factors that under the shadow are playing a major role in its propagation. There is a need to connect dots because TLP’s existence is not new, it has a history, and is time and again used as a “pressure group” by different factions openly or through back channels to achieve their vested interest.

A question arises, why TLP was not taken as a terrorist organization back in the time when the current PTI government used to have engagements with it? Why not PTM and MQM that are posing an existential threat to Pakistan and having connections with the RAW agency as well? Why only TLP has to face the music? Is it for the purpose to get out of the FATF grey list by banning such violent parties to show up for peace, but if it’s the case then the move is highly mistaken because considering the image of Pakistan internationally it is more distressing than ever.

Moving further, can we say that both TLP and State are part of the same ship befooling only the public? Or there is another undercover force behind it. Was all the criticism that the PTI government came across for mishandling the protest and not acting swiftly was intentional to point towards the failure of govt and to show the relevance of a particular faction without whom Pakistan can’t even deal with a protest?

Therefore, it’s important to understand who is acting at the backend of all the chaos as in Pakistan religion is very close to heart that is one of the reasons it is most likely to be exploited by the powerful factions for their interest. For instance, the very purpose of TLP creation by Khadim Rizvi in 2015 was to protect Pakistan’s blasphemy law and the finality of the prophet. As this is one of the factors that unites Muslims across the world. It’s not for the first time that TLP has shown up in the forms of protest, we did have the same protest in 2018 when Asia Bibi, a Christian woman was involved in blasphemy. At that time TLP had three days major sit-ins in Lahore after the Supreme Court overturned the death sentence awarded to Aasia Bibi by a trial court and upheld by the Lahore High Court, and ordered her release.

Much like this, in Nov 2020 the same protest was headed by Maulana Khadim Rizvi for dismissal of the French envoy. So the problem is with the government’s poor handling of the situation. Why it even agreed to remove the French ambassador in the first place, why it pledged to have a resolution sent to National Assemble on 20th April, if that was meant to be broken. Why not it was resolved properly through negotiations at its very beginning and even when they got sight of TLP planning to go for protests across Pakistan, or can we say that it was a deliberate move.

No matter what, it’s at the end the image of Pakistan that is under threat. Struggling to deal with a number of domestic issues, TLP emergence is no less than an extra salt for Pakistan. Thus, we need to understand TLP in the context of real and non-time threats that it is and can pose nationally and internationally to Pakistan before things get completely out of hand and where no solution seems likely.

Pointing to some of the most likely threat TLP could pose to Pakistan internationally and nationally. First and foremost, Pakistan that is already struggling to have stable economy, the TLP protestors and their demands like boycotting of French products would be a major challenge for Pakistan. For instance, EU is one of Pakistan’s largest export markets worth $6.92 billion (34%) with France alone accounting for 5% of total imports from Pakistan. Not just this, but Pakistan imports from France totaled US $356.05 Million in 2020. Hence with such massive trade going on between two states, cutting ties with France would not mean losing France but the larger European Union that will impact economy. Most recently EU has call for a review on Pakistan’s GSP+ Status because of alarming increase in the use of Blasphemy accusations. So the loss of GSP+ status would again mean another loss of $3.5 billion.

Then protests by TLP against France increase likelihood of Pakistan being in the Financial Action Task Force (FATF) grey list for years to come. Having already suffered a loss of almost $38 billion because of being in the Gray list since 2008, in this case when Pakistan FATF decision is scheduled on June, 2021 such violent protests added to the problems.

Moreover, TLP protest has given a clue to Pakistan’s enemies that always look up for such opportunities to create instability in Pakistan. Most importantly, India in our neighbors that has time and again used such religious factions for its interests and fund them across the border, so TLP protesters are yet another soft target for India to exploit. Reports too suggested out of 400,000 tweets, 70% were from fake accounts with around 380 Indian groups circulating fake news regarding the civil war in Pakistan.

Not just this, but a major real-time threat came to the government in its dealing with the protestors. As PTI government is already under severe criticism by the public for its poor performance, so in this state of crisis where it failed to tackle the situation timely, it just gives another hint for the current government’s incompetency which opposition parties exploited further.

Then the image of Pakistan that is projected internationally with the onset of such violent religious extremist protests by TLP is no less than a threat. Pakistan that is already under havoc for being referred to as a terrorist state, these actions by TLP again projected Pakistan’s image as an extremist state which is why France ordered its nationals to leave Pakistan at the earliest possible.

Conclusively, struggling to deal with the economic crisis, internal instability, separatist movements, and political divide, these protests only added to the problems. Therefore, it’s time Pakistan should take serious actions against such violent protestors. It has to rethink its policies, has to devise new strategies. Time demands thinking beyond self-interest towards the broader interest of Pakistan.

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