Editorial 1: Deterrence and us
Context:
- 11 May was celebrated as National Technology Day to commemorate the 5 nuclear tests that were successfully carried out on 11 May 1998 under codename Operation Shakti. It was the second Pokharan testing session after 1974 Peaceful Nuclear Explosion (PNE) test of a single device under codename Smiling Buddha.
Need for Nuclear Deterrence:
- Hostile Neighbourhood: Pakistan and China had a sour relationship with India, occupying Indian territories and violating Indian sovereignty. This necessitated a credible minimum deterrence (CMD) to lower their morale.
- Nuclear Proliferation: Pakistan and China had a strong bonhomie and China helped Pakistan get nuclear weapons against global non-proliferation principles.
- This created an asymmetry of power in the region threatening India’s security and vital interests.
- Global leadership: India always had great power aspirations in the comity of nations and deserves a place at the global high table. Being a responsible nuclear state allows it to claim its respective place.
- Strategic Technology: It helped India to boost its Research and Development capabilities in various other sectors like Space, Nuclear Energy, advanced weapon systems, defence capabilities, etc.
Key traditional Principles of India’s Nuclear Deterrence Policy 2003:
- Credible Minimum Deterrence and No First Use: In nuclear strategy, minimal deterrence, also known as minimum deterrence or finite deterrence, is an application of deterrence theory in which a state possesses no more nuclear weapons than is necessary to deter an adversary from attacking.
- Pure minimal deterrence is a doctrine of ‘No First Use’, holding that the only mission of nuclear weapons is to deter a nuclear adversary by making the cost of a first strike unacceptably high.
- India would not initiate a nuclear attack on any country.
- In Credible deterrence, there must be the assurance that any attack would trigger a retaliatory strike.
- Nuclear retaliation to a first strike will be "massive" and designed to inflict "unacceptable damage".
- India’s nuclear arsenal was for the sole purpose of defence and would serve as a deterrent against external nuclear attacks.
- Non-use against non-nuclear weapon states must be adhered to.
- Nuclear retaliatory attacks to be authorized only by civilian political leadership through the Nuclear Command Authority. This has earned India a lot of global credibility as a responsible nuclear state.
- Continuance of strict controls on export of nuclear and missile related materials and technologies, participation in FMCT negotiations, continued moratorium on testing. This has led to India’s indirect adherence to the global principles of non-proliferation and earned India global recognition.
- India to retain option of retaliating with nuclear weapons in the event of a major attack against it with biological or chemical weapons.
- Continued commitment to goal of global nuclear disarmament, through global, verifiable and non-discriminatory disarmament.
India’s Nuclear Triad Model:
- As per this model, a nuclear weapon state should have capability of launching nuclear attacks on 3 fronts i.e. land, air, and water.
- Here, the Submarine Launched Ballistic Missiles (SLBM) would act as the ace in the hole if the other two were to fail.
- India recently completed its nuclear triad.
New ideas in India’s Nuclear Doctrine
- Cold Start: Though officially denied, it is a military doctrine that was developed by the Indian Armed Forces for use in a possible war with Pakistan.
- It involves the various branches of India's military conducting offensive operations on the western border as part of unified battlegroups within 48 hours without risking a nuclear conflict.
- It is a limited war strategy to swiftly seize Pakistani territory and take the opponent by surprise.
- Policy of Defensive Offence and Double Squeeze: This policy as enunciated by National Security Advisor Ajit Doval, aims to make it costly for Pakistan to continue its policy of supporting terror against India.
- Defensive Offence is when you go and attack the place where the offense is coming from.
- It is a middle path between the two extremes of pure defence and an offensive attack.
- Pure defence is ineffective because terrorists could always find a way of breaching defences and sneaking in. An offensive strategy is not preferable because an all-out war could lead to the nuclear threshold being crossed.
- Under Double Squeeze, most terrorists are driven by money and they can be contained by showering them with more money than what has been given to them by their handlers in Pakistan.
- Another method is to work with the Muslim community through Islamic organisations to prevent the radicalisation of Indian youth.
- Also exploiting Pakistan’s vulnerabilities like Balochistan can be exploited to curb support to terror
Editorial 2: A top-down code
Context:
- Recently, the implementation of the four labour codes, passed by Parliament between 2019 and 2020 and which seek to bring sweeping changes to India’s job market, has been stalled. They are unlikely to take effect before the general election slated for 2024.
- The four codes consolidated a complex web of 29 central labour laws. These are the Code on Wages, 2019; the Industrial Relations Code, 2020; the Occupational Safety, Health and Working Conditions Code, 2020; and the Code on Social Security, 2020.
Key Reasons for the Laws being stalled:
- One, some states are yet to publish rules to set the codes in motion, as required, since labour is a subject over which both Centre and states have jurisdiction.
- Two, talks between the Union labour ministry and unions have stalled as the labour unions are adamant on implementation of their demands regarding amendments in the codes especially on the Industrial Relations Code and The Occupational Safety, Health and Working Conditions Code, 2020.
- The Code on Industrial Relations lays down new conditions on the right of workers to go on strike.
- Unions will now have to give 60 days’ strike notice. If proceedings are pending before a labour tribunal or the National Industrial Tribunal, workers cannot go on a strike for 60 days after they are concluded.
- These conditions apply to all industries. Earlier, workers could go on strike by giving between two weeks and six weeks of notice.
- Flash strikes will be outlawed.
- The Factories Act, 1948 covering workers’ safety, health and welfare, is said to be stricter than the occupational safety and health code 2020. While the 1948 Act mandated for all hazardous factories, irrespective of size, to form a safety committee, these committees may only be formed following a government order or notification under the occupational safety and health code.
- Three, the Centre is inclined to take all stakeholders on board for which there needs agreement on key provisions.
- Given that the Modi government had to withdraw the farm laws in 2021, the Centre does not want a situation where unions go on industrial strikes and disrupt the economy.
Relationship between Unemployment and Labour Codes:
- Estimated Need of Jobs: India’s rate of population growth (currently estimated at 0.8 percent), fertility rates, work participation rates and period of consideration will matter in estimating the job creation needed annually (estimated at 5-8 million).
- Actual Creation of Jobs: It depends on economic growth and labour productivity. Further, quality of jobs, inadequacy of jobs and number of people opting out of labour force will also matter. Employment elasticity of growth has to be higher if the most number of jobs are in the informal sector, however it depends on the composition of growth and different sectoral employment elasticities. For instance, it is higher in construction sector than in modern capital-intensive and technology-oriented manufacturing.
- Role of Labour Laws: In a labour surplus economy, labour costs have to be lower (including wage, skill and productivity costs) for the production to be competitive. In the organized sector, rigid labour laws had created inspector raj and drove up the cost of labour. Thus, new Labour Codes help ease of doing business through standardization, codification, simplification, protecting the unorganized labour and making the organized labour market flexible. These lead to investment and job creation at least marginally as depicted by such codes being implemented by states.
State of implementation of Labour Codes:
- Currently, 31 states have published draft rules under the Code on Wages, while 26 states have come out with draft rules on occupation safety code.
- On the industrial relation code, preliminary processes have been completed by 28 states.
- A similar number have published draft rules on the social security law.
- Maharashtra notified rules for the codes on March 20. The Union government had recently directed the Union Territories to speedily frame rules regarding the key industrial relation code, which have been complied with.
- However, the rules published by many states are non-transparent
About the Four Labour Codes:
- Code on Wages 2019:
- The Payment of Wages Act, 1936, Minimum Wages Act, 1948, Payment of Bonus Act, 1965 and Equal Remuneration Act, 1976 which define various important terms such as employer, employee, category of employees, contractor, wages, mandatory inclusions and permissible deductions from wages, wage period, time of payment of wages, insurance coverage, overtime, retrenchment, death benefits, bonus, how minimum wages are to be fixed, working hours, attendance, and leave, records to be maintained by the employer and dispute management.
- Code on Social Security, 2020:
- Other than wages and remuneration, there are benefits to be provided to Employees in order to secure them during employment, their future and that of their nominees in the event of death or accident.
- Such benefits include Provident Fund, Insurance under ESIC, maternity benefit, gratuity, specific benefits for building and other construction workers, and unorganised workers.
- Eight Acts which currently govern the above mentioned are consolidated into the Code on Social Security, 2020.
- Industrial Relations Code, 2020:
- The Trade Unions Act, 1926, The Industrial Employment (Standing Orders) Act, 1946 and The Industrial Disputes Act, 1947 lay down rules and procedures which safeguard Employees from unfair labour practices, operations of a trade union, strikes/lockouts, layoffs, retrenchment, closures and grievance redressal mechanism for Employer and Employee.
- The above said three Acts are being consolidated under The Industrial Relations Code, 2020.
- Occupational Safety, Health and Working Conditions Code, 2020:
- The laws and rules about ensuring appropriate working conditions, maintenance of safety and health of employees while on the premises of the employer.
- Currently, there are about thirteen Acts which define registration requirements, working hours, issuance of appointment letters, mandatory free health check-ups, benefits to inter-state migrant workers, flexibilities to be offered to women employees, appointment of safety officer, record keeping, and reporting of any hazards.
- These thirteen Acts are being consolidated into the Occupational Safety, Health and Working Conditions Code, 2020.