21 August 2024 : Indian Express Editorial Analysis

1. Delhi to Kyiv via Warsaw

(Source: Indian Express; Section: The Editorial Page; Page: 10)

Topic: GS2– International Relations

Context:

Prime Minister Narendra Modi’s visit to Poland and Ukraine marks a significant shift in India’s foreign policy, particularly its engagement with Europe. This visit is a continuation of India’s efforts over the past decade to elevate Europe’s profile in its foreign relations. By focusing on Central Europe, Modi aims to plug a missing link in India’s European strategy, especially at a time when this region has become a focal point of global geopolitical tensions due to the ongoing conflict in Ukraine.

Central Europe’s Geopolitical Significance

• The war in Ukraine, now in its third year, symbolizes the new geopolitical upheaval in Central Europe, which has ramifications for global stability.
• Halford Mackinder’s early 20th-century geopolitical theory still resonates today, suggesting that whoever controls Eastern Europe holds a strategic advantage over the entire world.
• Modi’s visit signals India’s intent not to remain a passive observer in this renewed struggle for influence in Central and Eastern Europe.
• This historic visit, the first by an Indian Prime Minister to Poland since 1979 and to Ukraine since its independence, is a clear indication of India’s growing interest in the region.

Beyond a Peace Initiative: Long-Term Engagement with Central Europe

• Contrary to expectations, Modi’s visit is likely less about initiating a new peace process in Ukraine and more about establishing a long-term engagement with Poland, Ukraine, and Central Europe as a whole.
• While Russia and Ukraine share a deep history and understanding, which limits India’s immediate role as a peacemaker, Delhi’s approach appears to be focused on setting the stage for sustained diplomatic and economic partnerships.
• This strategic outreach to Central Europe underscores India’s broader foreign policy goals, which include balancing its relations with Russia and engaging more deeply with Europe.

India’s Expanding European Strategy

• Historically, Europe was a lower priority in India’s foreign policy, with a focus primarily on the big four European powers: Russia, Germany, France, and Britain.
• However, in the past decade, India has expanded its engagement across Europe. Modi’s 27 visits to Europe and the reciprocal visits of 37 European leaders during his tenure highlight this shift.
• This renewed focus has also seen efforts to resolve longstanding issues with major European partners and to enhance trade and security cooperation with the European Union and its member states.

Central Europe’s Emerging Importance

• Central Europe, particularly Poland and Ukraine, is emerging as a key area of interest for India. Poland, with its growing economy, large population, and strategic location, has become a significant force in Europe.
• Meanwhile, Ukraine, despite the devastation of war, holds strategic importance due to its potential for post-war reconstruction and its role as a major agricultural producer.
• Modi’s recent visits to Austria, Poland, and Ukraine reflect India’s strategy to build stronger ties with Central European countries, recognizing their rising influence in regional and global affairs.

Conclusion: Recognizing Central and Eastern Europe’s New Agency

• Central and Eastern Europe, long dominated by great power rivalries, now have greater agency in shaping their own destiny.
• Modi’s visit to Warsaw and Kyiv acknowledges this transformative change and signals India’s intention to deepen political, economic, and security ties with the region.
• As India intensifies its European engagement, Poland and Ukraine are poised to become important long-term partners in this evolving geopolitical landscape.

Practice Question:  Examine the significance of Central and Eastern Europe in the current geopolitical landscape and discuss how India’s evolving foreign policy towards this region, as exemplified by Prime Minister Narendra Modi’s recent visit to Poland and Ukraine, reflects broader shifts in India’s global strategy? (250 words/15 m)

2. DESPITE THE LAWS

(Source: Indian Express; Section: The Editorial Page; Page: 10)

Topic: GS2– Social Justice

Context:

The article discusses the persistent issue of violence against women in India, despite legal reforms aimed at curbing such crimes.

Introduction: Persistent Fear and the Limitations of Legal Reforms

• The distressing post on social media, “I am not Nirbhaya. Neither was she… We are all scared of all men all the time,” in the wake of a young doctor’s rape and murder in Kolkata, underscores the pervasive fear women experience daily.
• Despite the significant legal reforms following the infamous 2012 gang rape, these measures have not translated into a sufficient deterrent against gender-based violence.
• The issue lies not just in the laws on rape but in the broader legal and societal context that fails to address the underlying mentality and the lax enforcement of laws related to other heinous crimes against women.

The Broader Context: Dowry Deaths and Domestic Violence

• The alarming statistics on dowry deaths—6,516 cases in 2022—highlight a critical aspect of this broader context. These deaths, often the result of continuous cruelty by the husband and his family, reflect a deep-rooted societal issue.
• The low conviction rate in such cases, often due to the practice of “blood money” settlements, reveals a legal system that is complicit in allowing perpetrators to escape justice.
• Domestic violence, the most underrated crime against women, similarly suffers from weak enforcement, with laws prescribing minimal punishment and allowing perpetrators to easily secure bail.
• This legal laxity emboldens abusers, reinforcing a culture where violence against women is normalized.

The Issue of Lax Bail Norms and Insufficient Legal Responses

• The inadequacy of the legal response to crimes like stalking and harassment further exemplifies the systemic failures.
• Lax bail norms for serious crimes enable offenders to continue their abusive behavior without fear of immediate consequences.
• The Kolkata case’s first accused had a history of assaulting his wife, yet the legal system failed to act despite multiple complaints. This pattern of condoning violence or diluting its severity fosters a culture where men feel empowered to act with impunity, leading to more severe crimes like rape.

Need for Comprehensive Legal Reforms

• A serious legal response to women’s safety must involve a thorough review of the entire spectrum of crimes against women.
• Graded penal provisions, based on the severity of the crime, are essential to reflect society’s intolerance of any form of abuse.
• For instance, forcibly disrobing a woman or persistent stalking should not be treated on par with lesser forms of harassment.
• The legal system must not wait for an act of rape to impose harsher penalties; it should act decisively at earlier stages of violence.

Challenges of Judicial Reform and the Need for Fast-Track Justice

• The current liberal bail regime must be re-evaluated in conjunction with broader judicial reforms. The low conviction rates in cases of dowry deaths and domestic cruelty demonstrate the need for a more robust criminal justice system.
• A fast-track approach to investigating and trying cases of crimes against women is crucial to instill a genuine fear of the law.
• Long incarcerations for severe crimes and a crackdown on extra-judicial compromises are necessary steps to prevent abusers from escaping justice due to protracted legal processes or socio-cultural pressures.

Conclusion: The Urgency of Addressing Legal and Societal Failures

• Until the criminal justice system is reformed to address the full range of crimes against women effectively, abusers will continue to feel emboldened by a legal system that too often allows them to act with impunity.
• The persistent fear experienced by women, as highlighted by the social media post, reflects a broader societal and legal failure that demands urgent attention and comprehensive reform.

Why are Laws and Regulations Falling Short for Women Safety?

Implementation Gaps:  Strict laws enacted after the 2012 Nirbhaya case, like the Criminal Law (Amendment) Act, 2013, enforcement remains inconsistent across different regions and police jurisdictions.  Implementation of regulations, like establishing Internal Complaints Committees (ICC) in organizations, remains inadequate.  Additionally, in 2018 the Securities and Exchange Board of India (SEBI) requires listed companies to report cases of sexual harassment annually, but data remains inconsistent and scattered. Systemic Issues:  Corruption within the legal and law enforcement systems can undermine efforts to address crimes against women.  Bribery and misconduct can result in cases being mishandled or dismissed.  Many incidents of violence are not reported due to fear of retaliation, lack of trust in the system, or perceived inefficacy of the legal process.  Cultural and Social Norms:  Deeply ingrained societal attitudes and norms can undermine legal protections. In some communities, violence against women may be normalised or not taken seriously.  Cultural attitudes and victim-blaming can discourage women from reporting crimes or seeking help, fearing stigma and societal judgement. Legal Challenges:  Victims often face a high burden of proof, which can lead to low conviction rates.  The requirement for substantial evidence and the legal complexity of cases can deter victims from pursuing justice.  The judicial process can be cumbersome, leading to prolonged trials and delayed justice for victims. This can also discourage survivors from reporting crimes.  Economic Dependence:  Economic factors can also play a significant role. Women who are financially dependent on their abusers may find it difficult to leave abusive relationships, even if legal protections are in place.  Resistance to Change:  Resistance to reform within institutions and among policymakers can delay or obstruct efforts to improve laws and regulations.  Legal frameworks may not evolve quickly enough to address emerging forms of violence or changes in societal attitudes.  Lack of Awareness and Education:  There is often limited awareness among women about their legal rights and available support services.  This lack of knowledge can prevent them from accessing justice and support.

PYQ: We are witnessing increasing instances of sexual violence against women in the country. Despite existing legal provisions against it, the number of such incidences is on the rise. Suggest some innovative measures to tackle this menace. (200 words/12.5m) (UPSC CSE (M) GS-2 2014)

Practice Question:  Despite significant legal reforms, violence against women remains prevalent in India. Critically analyze the factors contributing to the ineffectiveness of these laws and suggest comprehensive measures to strengthen the legal and judicial response to gender-based violence. (250 words/15 m)