GS Analyst: Daily Editorial In Brief

Context

India's heightened Arctic interest stems from environmental shifts, economic opportunities, and geopolitical dynamics. As Arctic ice melts, India eyes trade routes, balancing economic gains with environmental and strategic concerns amid global power competition. Crafting a nuanced Arctic policy becomes imperative for India.

Growing Interest in the Arctic:

• Environmental Concerns Driving Engagement:India's recent winter expedition to the Arctic highlighted its growing interest in the region, marked by a shift in policy due to alarming scientific data on Arctic warming.
• Economic Considerations: India sees potential benefits in utilizing Arctic Sea routes to reduce shipping costs and time, especially through the Northern Sea Route.
• Geopolitical Implications: Concerns over China's increasing presence in the Arctic and Russia's strategic decisions have led India to reassess its Arctic engagement in the context of geopolitical tensions.

India's Historical Engagement and Internal Debate:

• Historical Context: India has a longstanding engagement with the Arctic dating back to the signing of the Svalbard Treaty in 1920 and establishing research bases in subsequent years.
• Internal Debate: India's academic and policy communities are divided over the economic and environmental implications of increased Arctic engagement, particularly concerning resource exploitation.
• Need for Balanced Policy: The debate underscores the necessity for India to develop a balanced policy framework that addresses both economic interests and environmental concerns in the Arctic.

Potential for Collaboration and Sustainable Engagement:

• Partnership with Norway: India seeks to collaborate with Arctic countries like Norway to focus on green energy, clean industries, and sustainable resource development.
• Transformational Collaboration: Collaboration with Norway could enhance India's participation in Arctic Council working groups and facilitate responsible resource development.
• Sustainable Policy Design: India aims to design a sustainable Arctic policy that accommodates scientific research, environmental protection, and economic opportunities, with Norway's expertise playing a crucial role

Context

The Digital Personal Data Protection (DPDP) Act, 2023, introduced in India, raises concerns about its impact on journalistic free speech, particularly regarding the use of personal data for journalistic activities.

Implications for Journalistic Free Speech:

• Removal of Exemption: Unlike previous drafts, the final DPDP Act does not exempt journalistic activities from privacy obligations, requiring journalists to obtain consent before using personal data for stories involving public figures like politicians.
• Constraints on Investigative Reporting: Journalists relying on private data for investigative reporting may face hurdles in accessing and using such information, impacting their ability to hold public figures accountable.
• Government Authority and Confidentiality: The Act grants the government the power to request information from data processors, potentially compromising the confidentiality of journalistic sources and research materials.

Need for Transparent Consultation:

• Lack of Transparency: The absence of public disclosure regarding the removal of exemptions for journalistic activities from subsequent drafts of the DPDP Act highlights the need for a more transparent consultation process.
• Limited Public Engagement: While the government conducted town halls and consultations on the drafts, crucial issues like journalistic exemptions were not adequately discussed, hindering meaningful public engagement.
• Call for Clarity: There is a demand for the government to clarify the reasons behind the removal of exemptions and to engage in open debate and deliberation to address concerns regarding the impact of the DPDP Act on journalistic free speech.

Ensuring Journalistic Free Speech:

• Government Intervention: The government has the authority to provide exemptions under the DPDP Act, which could be utilized to safeguard journalistic entities from undue obligations, ensuring the Act does not curtail journalistic free speech.
• Incorporating Exemptions: While exemptions for journalistic activities should ideally be included in the core text of the law, immediate action through rules under the Act can mitigate the negative impact on journalistic free speech.
• Empowering Journalistic Entities: Exempting journalistic entities, including citizen journalists, from privacy obligations under the DPDP Act would uphold the principles of free speech and press freedom in India.

Context

Defence Minister Rajnath Singh's recent statement regarding India's right to conduct hot pursuit operations across borders has sparked controversy and raised questions about its legal and ethical implications in the context of international law.

Understanding Hot Pursuit:

• Legal Framework: Hot pursuit, a concept deeply entrenched in international law, allows states to pursue aggressors across borders in response to ongoing attacks or imminent threats, based on principles of self-defense and protection of national interests.
• Military Strategy: Hot pursuit serves as a critical tool in military operations, enabling the neutralization of threats and safeguarding of national security interests by pursuing aggressors into foreign territory.
• Ethical Considerations: While hot pursuit is legally justified under certain conditions, it raises ethical concerns regarding proportionality, respect for territorial sovereignty, and the potential impact on civilians caught in the crossfire.

Criteria for Hot Pursuit:

• Immediacy: Pursuit must be initiated promptly in response to an ongoing attack or imminent threat, rather than based on past events or speculative threats.
• Proportionality: The response must be proportionate to the threat posed, avoiding excessive use of force or collateral damage that may violate international humanitarian law.
• Territorial Sovereignty: Pursuing forces must respect the sovereignty of the territory entered, refraining from unnecessary interference with the territorial integrity of the state.
• Notification: Ideally, the pursuing force should notify relevant authorities in the territory being entered, seeking cooperation; however, in urgent situations, such notification may not always be feasible.
• Termination: Hot pursuit must cease once the immediate threat is neutralized or once the pursuing force reaches a point of safety, to avoid accusations of unlawful aggression or violations of international law.

India's Policy and Examples:

• Context of Statements: Defence Minister Rajnath Singh's assertion of India's right to conduct hot pursuit operations across borders must be understood within the framework of self-defense and protection of national security interests.
• Historical Precedents: India's past actions, such as surgical strikes in response to cross-border terrorism incidents, align with the concept of hot pursuit, aiming to neutralize threats and protect national interests while minimizing escalation.
• Importance of Proportionality: India's responses to cross-border incidents emphasize the importance of proportionality in military operations, ensuring that actions are justified, measured, and respectful of international norms and human rights.

Ethical and Legal Considerations:

• Balancing National Security and International Norms: India's pursuit of hot pursuit operations must balance the imperative of national security with adherence to international legal and ethical standards, avoiding actions that may escalate conflicts or violate sovereignty.
• Transparency and Accountability: The government must ensure transparency and accountability in the planning and conduct of hot pursuit operations, adhering to legal frameworks and respecting human rights.
• Diplomatic Implications: India's assertion of its right to conduct hot pursuit operations may have diplomatic repercussions, necessitating careful consideration of international perceptions and engagement with neighboring countries to prevent escalation and promote regional stability.