26 December 2023 : The Hindu Editorial Notes PDF
The Hindu Editorial
26-December-2023
1. Article 370 issue closed, but terror victims need closure.
| Topic: GS2 – Indian Polity – Indian Constitution – Amendments Justice Kaul’s call for a truth and reconciliation commission in Kashmir adds significance to UPSC’s focus on governance and human rights. |
| Context: |
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Background:
- Justice Sanjay Kishan Kaul recommends a truth and reconciliation commission in the judgment on Article 370 concerning Kashmir.
- Aim is to address human rights violations during the insurgency, particularly in 1989-90.
Purpose of Truth and Reconciliation Commission:
- Facilitate reconciliation in divided societies after violence and human rights abuses.
- Investigates patterns of events over a period, engaging with affected populations.
- Temporary body, concludes with a final report, officially authorized or empowered by the state.
Parameters for a Commission in Kashmir:
- Composition crucial for impartiality and objectivity.
- Careful definition of parameters needed if constituted by the Central government.
- Reference can be made to the South African truth and reconciliation commission.
Challenges and Mandate:
- Potential controversy regarding uniform application of amnesty, especially for state and non-state actors.
- Caution required to fix a mandate that doesn’t adversely impact the credibility of security forces.
- Reparation for victims, including restitution, compensation, rehabilitation, satisfaction, and guarantees of non-repetition, crucial.
Case of Kashmiri Pandits:
- Involuntary migration of Kashmiri Pandits in 1989-90 awaits rightful redress.
- Truth and reconciliation commissions, if constituted without delay, have limited utility.
- Victims reserve the right of reparation, including restitution, compensation, rehabilitation, satisfaction, and guarantees of non-repetition.
Closure for Victims:
- Acknowledgement and closure needed for Kashmiri Pandit victims of mass exodus.
- Despite delays, relief can still be given within each parameter to rebuild their lives.
- Justice Kaul’s recommendation aims to address the grievances of all victims, particularly the Kashmiri Pandits.
Conclusion:
- Justice Kaul’s call for a truth and reconciliation commission in Kashmir underscores the imperative for addressing historical human rights violations. This resonates with government’s emphasis on governance, protection of human rights, and societal healing.
| PYQ: To what extent is Article 370 of the Indian Constitution, bearing marginal note “Temporary provision with respect to the State of Jammu and Kashmir”, temporary? Discuss the future prospects of this provision in the context of Indian polity. (200 words/12.5m) (UPSC CSE (M) GS-2 2016) |
| Practice Question: How can the establishment of a truth and reconciliation commission, as recommended by Justice Kaul for Kashmir, contribute to addressing historical human rights violations and fostering societal healing? (250 words/15 m) |
2. Global Goal on Adaptation and the road from Dubai.
| Topic: GS3 – Environment – Conservation UPSC relevance lies in COP28’s emphasis on Global Goal on Adaptation, addressing climate challenges, financing disparities, and global resilience. |
| Context: |
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COP28 and Global Goal on Adaptation (GGA):
- COP28 marked a shift in addressing the lackadaisical approach to adaptation concerns in climate change.
- Adoption of the framework for Global Goal on Adaptation (GGA) aimed at prioritizing adaptation efforts globally.
Challenges in GGA Implementation:
- GGA framework sets targets for assessing climate hazards, risks, and vulnerabilities by 2030.
- Questions arise about the influence of the framework on prioritizing adaptation actions and its potential effectiveness.
Measuring GGA Progress:
- Adaptation lacks a universal metric, making progress assessment complex.
- The GGA framework initiates a two-year work program on indicators but lacks details on development and implementation.
Climate Financing Disparities:
- COP28 Draft Decision expresses concern about the widening adaptation finance gap.
- Mitigation bias in climate financing persists, with a 95:5 split favoring mitigation over adaptation.
- Developed countries fall short of the annual $100 billion climate finance commitment, with a gap highlighted.
Bias in Climate Financing:
- Climate financing favors mitigation due to the regime’s historical emphasis on it.
- Rich countries benefit less from adaptation, which has local benefits, compared to the global benefits of mitigation projects.
GGA’s Impact and Limitations:
- GGA is a positive step but falls short in treating adaptation equally with mitigation.
- Emphasis on temperature control and mitigation levels challenges the parity of adaptation efforts.
- GGA’s encouraging aspects contrast with the persisting bias and challenges in climate financing.
Conclusion:
- COP28’s focus on adaptation and the GGA framework signifies progress but requires addressing disparities in financing and ensuring effective implementation for global climate resilience.
| PYQ: Describe the major outcomes of the 26th session of the Conference of the Parties (COP) to the United Nations Framework Convention on Climate Change (UNFCCC). What are the commitments made by India in this conference? (UPSC CSE (M) GS-3 2021) (250 words/15 m) |
| Practice Question: How does COP28’s Global Goal on Adaptation address challenges in measuring progress and disparities in climate financing? Discuss its significance. (150 words/10 m) |
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