Authors: Amar Maruti Patil & Adithya Anil Variath
The recent escalation between two South Asian Nuclear Powers – India and Pakistan rattled the whole sub-continent and sent alarm waves across the whole world. It had major world powers keenly observing events unfolding between the two antagonistic nations. Terror attacks on India soil emanating from Pakistani soil is not new but as old as antiquity.
Right from the incursion of Jammu & Kashmir by armed tribesmen to this terror attack by Kashmiri youth radicalized and recruited by Jaish-e-Muhammad, the one distinguishing and defining moment post Pulwama terror attack is the unprecedented public outrage and political will to address the state-sponsored terrorism abetted by Pakistan and its Army. “Strategic Restraint” had become a bygone in the South Block with the political leadership ready to do away with restraint – political or strategic.
The pre-emptive non-military strikes carried out by Indian Air Force not just across the LOC but deep into Pakistani territory in Balakot in Khyber Pakhtunkhwa region was a defining moment and a break from tradition in dealing with cross border terrorism. This was the first time that air strikes were launched and terror hubs pampered and protected by the Pakistani Deep State struck. In response to these air strikes attacking terror installations, Pakistani establishment responded by launching air strikes on military installations in India. The F-16 fighter jets of Pakistani Air Force were chased by Indian Air Force as a response. In this chase, an Indian MiG 21 Bison fatally struck one Pakistani F-16 and in the action, the pilot had to eject as the damage was also caused to the Indian fighter jet. The pilot now trending across India and the whole word Wg Cdr Abhinandan Varthaman landed in Pakistan Occupied Jammu & Kashmir after ejecting from his cockpit. He was first apprehended by the bloodthirsty locals and then the Pakistani Army interrupted the unlawful act of the locals and took Wg Cdr in their custody.
In a strange course of events, the whole process of Wg Cdr getting apprehended and attacked by locals and then ensuing Pakistani Army custody was recorded and video graphed and the recording was paraded shamelessly on social media. An emotion of anxiety, fear, angst, vengeance and cautiousness gripped the Indian citizenry. In this whole gamut of events while the whole country was praying for the safe return of Wg Cdr the Geneva Convention on Prisoners of War was cited time and again in newspapers, editorials and TV debates. Whether the act of returning Wg Cdr amounted to a peace gesture or as stated in Indian Air Force briefing a gesture under the Geneva Convention? Whether the act deserved a much-touted Nobel Peace Prize for Imran Khan the World Cup winning captain of Pakistan Cricket Team who also happens to be its Prime Minister? Answering these questions would surely require us to be objective in our analysis of the International Law.
At the outset, it would be beneficial for the readers to point out that International Law in all its glory and magnificence with its inimitable prose and utopian conception is not binding and therefore in pure jurisprudential terms may not qualify as a Law. However, given the norm of that, a sovereign nation should keep its promise and words itself carries the weight of law. A dishonor of promise by a normal person would bring him no shame or isolation by the society at large however the dishonor of an obligation or promise in the comity of nations is a sure recipe for bringing ignominy to an entity at two levels as a country or establishment and as a citizen of that country.
Geneva Convention III relating to the Treatment of Prisoners of War (PoW) or International Humanitarian Law expressly lays down that Prisoners of Wars cannot be prosecuted. The Convention applies to all parties to an armed conflict, including civilians, injured combatants, and soldiers captured or no longer an active participant in the hostilities. Article 4(A)(1) of the Third Geneva Convention on the Treatment of Prisoners of War defines “a prisoner of war” as “Prisoners of war, in the sense of the present Convention, are persons belonging to one of the following categories, who have fallen into the power of the enemy: (1) Members of the armed forces of a Party to the conflict as well as members of militias or volunteer corps forming part of such armed forces. (2) Members of other militias and members of other volunteer corps, including those of organized resistance movements, belonging to a Party to the conflict and operating in or outside their own territory, even if this territory is occupied.…..”, IAF Wg Cdr being a member of the armed forces of a Party to the conflict comes within this definition of a prisoner of war.
The Third Geneva Convention on PoW lists down 143 articles dealing with the rights of prisoners of war, and the corresponding obligations of the detaining power. The Convention is based on the principle that detention is not a form of punishment, but only intents to prevent further escalation and participation in the conflict. They must be released and repatriated without delay after the end of hostilities with dignity. Article 13 provides that prisoners of war must at all times be humanely treated” and lays down that prisoners of war “must at all times be protected, particularly against acts of violence or intimidation and against insults and public curiosity.” A literal interpretation of the Article clears the smog and determines that the circulation of videos of the prisoner and humiliating treatment is a violation of the terms under Article 13. Article 17 says “No physical or mental torture, nor any other form of coercion may be inflicted on prisoners of war to secure from them information of any kind whatever. Prisoners of war who refuse to answer may not be threatened, insulted, or exposed to any unpleasant or disadvantageous treatment of any kind.”
In the instant case of Wg Cdr, he was not just not protected from acts of violence but was also exposed to public curiosity. Moreover, the Pakistan establishment tried to score diplomatic points by spreading misinformation and propaganda videos about the well-being of Wg Cdr when in fact reports have emerged that he was not allowed to sleep for the first 24 hours of detention which is not just in violation of the Geneva Convention but also a blatant violation of human rights. He was further exposed to loud music and bright lights to disorient him and to extract valuable information from him. While the reality of Wg Cdr detention was aloof from the International World Order a concerted effort was made to showcase that in fact he was praising the Pakistani Army and claiming that it is a thoroughly professional army. Such maneuvering of events by the Pakistani Deep State brings to fore the nefarious designs and misinformation campaign in place. A Prisoner of War was used as a bargaining chip for deescalating tensions between the two Nations. It shows that the escalation of violence by Pakistan and its attempt to deescalate it on its own terms seems unilateral imposition of war and peace.
While Wg Cdr was safely repatriated to India his medical test reports are yet to come in. Where on one hand it is encouraging and nurturing terrorists to bleed India, on the other hand, it is trying to implant people in Indian media to project Imran Khan as the messiah of peace and humanity. The case for a Nobel Peace Prize for Imran Khan is not just preposterous and farfetched but also demeaning to the Institution of Nobel Prize itself. Imran Khan referred as “Taliban Khan” by many, for his subtle support for Taliban, is trying hard to show the International World Order that Pakistan is not the party escalating hostilities while actively nurturing terrorists on its soil.
One of Imran Khan’s Ministers has called for a religious war (Jihad) against a Kafir Hindu India (ignoring its own 4 million Pakistani Hindu Citizens). Such diabolical and inherent hatred is a case in point that the hostilities between India and Pakistan are here to stay and the sub-continent would continue to face its repercussions. No number of dossiers provided by India would address the terrorism issue nor would the temporary bans and an ostensible crackdown on terror by Pakistan would be able to fool India. Nobel Peace Prize is just a distraction to take away India’s attention from the root of this escalation the Pulwama Terror Attacks. Fulfillment of an obligation that too partly, is not a case for Nobel Peace Prize but for international introspection on state-sponsored terrorism.
With foreign help pouring in and no major world power objecting to India’s pre-emptive non-military strikes it seems that the International World Order has woken up to India’s right to defend its sovereignty and integrity by acting on home as well as foreign soil. With India’s break from tradition marks a paradigm shift from “Strategic Restraint” to Preventive Action, India needs to open more than one front to address Pakistan – educational, information, diplomatic missions, economic sanctions, et al. The key to engaging Pakistan is a united and strong Government back home and international commitment and cooperation at the global level.
Sino-India Emerging Rivalry: Implications for Stability of South Asia
India and China, both heirs to ancient civilizations, have emerged today as the two most powerful and influential Asian nations in terms of their economic clout and geopolitical standing in the international arena. The two countries recognize the need to eliminate enduring mistrust between them and have been focusing on building a rational partnership underpinned by China’s pragmatism. However, despite the recognition that cooperation may be in their mutual interest, this will be easier said than done. India-China relations have always been complexing with multifaceted regional and global dimensions, which have complicated their bilateral relationship. Even as India and China have crossed a long road from being friends to adversaries to rational partners, a factor which has been constant in the conduct of their affairs, is the that they are neighbors who have as much to gain from each other as to fear from the other. Both the states clearly understand that cooperation could work to their mutual advantage and benefit. Any conflict between the two countries would not only jeopardize their national security but would also have serious implications for their regional and global security perspectives. Tensions along the India-China border high in the Himalayas have again flared up the situation between both the countries. Thousands of soldiers from both sides have been facing off just a few 100m from each other in Ladakh’s Galwan Valley. China has objected to India building a road through the valley connecting the region to an airstrip, possibly sparking its move to assert control over the territory along the border that is not clearly defined in places. India and China engaged in a similar standoff for 73 days at Dokhlam, at the other end of their disputed border in 2017, when Indian troops were mobilized to counter what was seen as moves by the Chinese side to expand its presence along the border with Bhutan. The situation was later defused through diplomatic channels
In political realism, power is the capability to make another state do something it would not otherwise do and vice versa. What makes a state powerful is its capability to influence the other. The South Asian region is home to one fourth of the world’s population which is the least economically unified regions in the world. Intraregional trade remains well below its potential due to historical political tensions and mistrust because of cross-border conflicts and security concerns. Since the advent of the 21st century, China has been conducting multi-dimensional cooperation with all the South Asian countries (Afghanistan, Bangladesh, Bhutan, India, Maldives, Nepal, Pakistan, and Sri Lanka). China’s major interests in South Asia include promoting stability in both Pakistan and Afghanistan in order to curb the influence of extremists, to facilitate trade and energy corridors throughout the region that China can access, and to increase its presence in the Indian Ocean Region . India fears that China’s investment in South Asian ports not only serves its commercial interests, but also facilitates China’s military goals. India perceives the Chinese presence in South Asian countries as a design to thwart what was once considered as India’s sphere of influence.
China has so far been successful in influencing South Asia because of many factors. One of the major reasons is that China has managed to project itself as a neighbour that would not interfere in the internal affairs of other countries least of all in the internal affairs of its friends and partners. In the light of its “Good Neighbourhood” policy, China’s increased diplomatic and economic engagements in South Asia are aimed to enhance its strategic influence in the region. China is focusing on construction of a chain of airfields and ports at Gwadar-Pakistan, Hambantota-Sri Lanka, Myanmar, and Chittagong-Bangladesh has part of its “String of Pearls” strategy, which also includes China’s influence in South China Sea, the Strait of Malacca, the Indian Ocean, the Arabian Sea and the Persian Gulf. India, on the other hand has been trying to consolidate influence over its smaller South Asian neighbours other than Pakistan and holds almost complete sway over the SARRC setup. Defining Indian strategic environment, former Indian Prime Minister Atal Bihari Vajpayee once stated, “India’s strategic environment extends from the Persian Gulf to the Strait of Malacca, across the entire Indian Ocean, including Northwest Central Asia and Afghanistan, East Asia, China and Southeast Asia. Our strategic thinking must be extended to these horizons Line”.
The changing alliances and power equilibrium among the United States, China, India, and Pakistan bear key implications on the inter-state rivalry and the consequent crisis dynamics in South Asia. Since the introduction of the US Indo-Pacific Strategy 2018, mutual suspicion and hostility between India have intensified. There is a shift in the regional dynamics with the United States and India being on one side and Pakistan-China on the other. These changing dynamics will have significant implications for U.S. policy toward South Asia and crisis management down the road. Previously, the US had rendered constructive support in Pakistan-India crisis management. This role was taken up due to US perception of India-Pakistan’s relative power balance. However, US strategic interests in Asia Pacific region. Since Pakistan finds itself unable to serve as China’s balancer against India in the region, the immediate solution in Chinas calculus has been to strengthen Pakistan’s capacity and potential for economic growth and stability through the China-Pakistan Economic Corridor (CPEC), a fusion of infrastructure projects and funding aimed at reviving Pakistan’s economy. The CPEC will also serve China’s own strategic interest to reach out to the world through the shortest trade corridor offered by Pakistan due to its geopolitical location.
It is widely believed across the Chinese political circles that Indian aggression in the region is generally triggered by China’s support to Pakistan. India’s increasing inclination and reliance on the US has resulted in a heightened aggressive regional outlook of Prime Minister Modi. For instance, India’s revocation of Article 370 followed five months after India-Pakistan- brinkmanship resulting from the Pulwama crisis. The Indian decision to break the occupied state of Jammu and Kashmir into two union territories had directly challenged the territorial claim of Ladakh by China. China’s support to Pakistan is not perceived as China’s good will but as a concession extracted due to India’s might. Therefore, India might make even more encroachments on the LAC if China’s support for Pakistan increases. However, the change in China’s policy orientation regarding South Asia’s crisis management does not suggest that China will actively expedite or facilitate a crisis in the region. Traditionally, China has resorted to mediation for Pakistan-India crises. China can be helpful under a situation when US treats crisis management in the region as a significant priority and Chinese cooperation as an inevitable factor. But Beijing’s relations with Washington have deteriorated in the past few years. Beijing has been seeking to highlight issues of convergence that can lead to cooperation with US to improve bilateral ties. In case the US wishes to mutually manage a crisis in the South Asian region, Beijing might be open to cooperation. However, it is also expected that China might not assist in seeking a solution that would continue to capitalize on US need for cooperation. In the light of the current great power competition between US and China, crisis management in the South Asian region might be another case of collateral damage.
Crisis of good governance
Good governance is one of the significant aspect of government in an country. Fair governance provides parallel opportunities, ensure rule of law, equal distribution of resources, accountability of affairs, efficient institutions, decentralization of powers, etc. On the contrary, bad governance give birth to gigantic issues and problems. As a result, ordinary people bear the burnt of inefficiency, mismanagement, and short-sightedness of the government of the day. The state of governance in Pakistan remained worse in past, but corona virus pandemic had made it worst of all the time. From nowhere, it seems better rather everything is going out of control.
During the time of crisis, national government do its utmost effort to provide relief to the vulnerable in country. It came to service of the people irrespective of political affiliation, race, color, and creed. Thus, distribute the dividend among them in fair and square. But, this depends upon the efficiency and potential of the government then it can come to rescue them. Otherwise, over burden them by adopting the exclusive policies.
Mishandling of the ongoing corona virus pandemic echoes the sorry state of governance in country. From the very first day when virus related cases are identified, government hardly paid the heed to warnings by World Health Organization (WHO), showed meagre interest to the calls by health experts. Owing to this reluctance, contagion spread nook and cranny of the country within no time. It also failed to coordinate the provinces to formulate a unified policy to contain the virus. Overall, it has affected more than 2 lac people, and caused few thousand deaths in country. Sadly, WHO has warned authorities to speed up testing as actual number of the cases is confirmed. The recent decrease in reported cases is due to low number of testing. So, Pakistan is still to touch the peak in coming days. although, it seems people at the helm of affairs are unmoved even after WHO warnings.
Moreover, worsening economic crisis is another addition into annals of poor governance in country. Globally, pandemic has brought all economies at standstill, Pakistan is also not exception. Amid the virus, lockdown has paused inflow and outflow of trade in country. Resultantly, recent economic growth is moving downward. It is estimated -0.4 growth rate in last fiscal year. According to International Monetary Fund (IMF), economic growth in next fiscal year will be -1.5 percent. on the other, World Bank (WB) predicted -2.6 percent. Apart from it, Pakistani authorities are showing – 0.4 percent growth rate in next fiscal year. Public debt had increased to 88 percent of gross domestic product (GDP). External debt and liabilities stood at USD 76.5 billion. Apart from it, about Rs. 800 billion loss was simply on account of revenue collection. Moreover, the first audit report of the incumbent has unveiled irregularities and corruption to the tune of Rs.270 billion in 40 government departments and ministries under its tenure. However, incumbent government came in power on the pretext of accountability, justice, and elimination of corruption. But, all in vain, things are getting more worse and worse after every passing day.
Further, sugar and wheat crisis in last month had exposed the lofty claims of people centric government. Despite the ban on wheat export imposed in July 2019, the government allowed exports of 48,000 tons, which fueled the price hike in the country. It reveals how much powerful and influencing are the mafias. Imran Khan led government formed committee to probe the crisis. Findings of the committee were shocking as it included people who are part and parcel of the government. The report of the committee brought on surface that billions of the rupees were made by creating shortage, and also factory owners gain billions in subsidy for export of sugar. Here, at the very outset government failed to overcome the crisis, failed to control the shooting prices in local market, and to make matter worse subsidize export of both items even there was ban on it.
After the mismanagement of sugar and wheat crisis, then came fuel crisis across the country. Previously, reduction in fuel prices to the tune of Rs.74 per liter was fallowed by sharp decrease in oil demand and consumption at global level due to lockdown amid corona virus. Gradually, oil started to disappear from oil stations, hue and cry increased, but no adequate action was taken by Oil and Gas Regulatory Authority (OGRA) to overcome the crisis. Against the mandatory stocks of 21 days oil reserves that Oil Marketing Companies (OMCs) are legally bound to maintain, the country was left with meagre reserves. The crisis intensified by the beginning of the June as country wide stocks decreased. Indeed, government has admitted that it was an artificial shortage, produced and managed by the OMCs. Undoubtedly, fuel shortage is over now when government has increased price of fuel up to Rs.26 per liter. It is only the masses who are bearing the brunt of crisis after crisis, even during this hard time of corona virus. however, government is doing nothing, except blaming hidden mafia for all economic misshape in the country. Thus, lacking efficient and people centric policies in country which ensure relief and assistance to face the pandemic.
What it needs to restore the good governance in country, through strong and independent parliament which make laws for citizens well-being, supremacy of the rule of law to ensure accountability across the board, de-politicization of state institutions in order to eliminate the culture of favoritism, exemption, and undue rewards and subsidies, public-private partnership to foster economic growth and development in country as well as making infrastructure better, human resources development through training institutions, and last but not least zero tolerance for corruption at all level.
How the reservation system of India is defining a new era of human rights violation
India at the time of its independence made a provision to reserve around 22 per cent of the seats in education and government jobs. The lawmakers did this with an intention to uplift the socially marginalised class of the society (which includes Dalits and the tribals) but with the time this system raised some serious concerns. These concerns did not come until the application of another 27 per cent of reservation provided for the other backward class (OBCs) of the society. The move was completely motivated by political earnings and raised the total reservation from 22 per cent to around 50 per cent.
Here, one of the problems with this system is that anyone who comes from the reserved section can take admissions and jobs with very fewer marks as compared to the unreserved class of the society which somehow jeopardizes the quality of education and industry. Moreover, a very low cutoff mark for the reserved candidates is victimising with those who fight in unreserved class. Now many of you are wondering how it can be decided that someone would fight in the reserved category or not. The answer is simple and straight if someone takes birth in Dalits, OBCs and tribal’s family then he can enjoy the facility of reservation. It totally depends on your birth. Also, this system claims around 60 per cent of the Indian population. Alas, the low cutoff for these reserved category people is sinking the talent of the country in sadness. Now, Imagine a system which produces a pool of teachers who scored in negatives in their exams. This is exactly what’s happening in India. In one of its largest states Rajasthan, many candidates got selected by just scoring in negatives. These teachers who were not able to score even zero marks are teaching maths and science in the government schools and colleges. Even for the top engineering colleges students with an unreserved class have to score four times as compare to the reserved class students. This disparity and segregation is killing the young gifted brains and prefers the worst. In IITs, which produces top engineers of the world, the last year cutoff for the unreserved category is twice to the reserved category students. This means if perversely, you took birth in any of the unreserved class then you are supposed to score as twice or sometimes thrice the students of the unreserved class. Ominously, this highly convoluted system dooms the talent of the country.
This is why many of the meritorious and highly compatible students are not able to take admissions in the top science and technology colleges. This trend recapitulates in Jobs and also in some contractual services. The bureaucracy of India is not working fine. Everything is in chaos, thanks to the reservation system. The major dent which this system has done on India is the destruction of science and technology. The reserved seats in space agency like ISRO and defence sectors are pushing India backward. In a result of this, still, India has to depend heavily on the foreign powers in an order to satisfy its technological needs. Whereas, its bystander China is leading a way forward in terms of science and technology even though both countries have nearly the same proportion of the men power.
Due to heavy reservation and the worst application of this system, many of the bright students move to Europe or in the United States. Adding to this, one of the states Tamil Nadu has a reservation ceiling of 69% in Jobs and education. This is pushing students of the unreserved class to move out of the state or even from the country. Sundar Pichai, Ceo of google’s parent company Alphabet is the best in explaining what I am trying to say. Sundar Pichai is an IIT graduate and has its roots from the Tamil Nadu but heavy reservation and fewer opportunities drove him to the United States.
Apart from the issue of talent flushing, it is also under-representing the unreserved section of the society. In Tamil Nadu, one of the unreserved class is Brahmanical society who lost their representation due to disturbing reservation policies. Jotting down that this society is one of the leading educated society but reservation brings down their talent as well as their representation. Not only reservation, but this unreserved class is also suffering from the suffocating caste-based policies of the government. Due to their social structure, they are obliged to pay more for the government services as compared to the reserved section.
This unreserved class is like the slaves of the colonial era who have to pay more for the services and in return received humiliation. The amount of humiliation can be calculated by this that a poor student from an unreserved category has supposed to pay thrice to the rich student of a reserved class. Moreover, the voice of these unreserved class people in India has no social status as many of the Dalit writers and activists who come from the reserved category is disseminating false and irrelevant information about the Brahmins, Rajputs and Baniyas who belong to the unreserved section of the society. The bombardment of these scripted articles comes from the mainstream media outlets where these Dalit writers accentuated more on propagating false writeups.
However, a small section of reserved society also wants some changes in the existing structure of the reservation. In spite of all these things, some leaders from the Dalit society has made their caste-based political organizations who engage in abusing Brahmins and the people from the unreserved section. The amount of hate and violent thoughts they are carrying can be anticipated by a report prepared by a Delhi based news portal, Falana Dikhana. This portal exposed their one of the highly recognised leader Chandrashekhar Azaad who used to write sexual, offensive and hateful words for the female tweeter users who belongs to the unreserved class. The comments were made by the official verified account of the Dalit leader. In its series of reports, Falana Dikhana tells the truth of these Dalit leaders and how their nexus is working in abusing the Brahmins and the unreserved class of the society.
The condition of unreserved class in India is just like a slave. Whether its to take admissions, paying fees or to take jobs they are compelled to suffer. They die daily, not once but at every moment.
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