Editorials/Opinions Analysis For UPSC 08 January 2024

CONTENTS

1. Structured Negotiation as a Boost for Disability Rights
2. The Increasing Role of the Indian Navy

Structured Negotiation as a Boost for Disability Rights

Context:

Structured negotiation is a frequently used procedure for resolving disputes collaboratively and offering an alternative to litigation through the pursuit of solutions. In this context, it is proposed that the right moment has arrived for India to fully embrace and implement structured negotiation.

Relevance:

GS- 2

• Issues Related to Disability
• Government Policies & Interventions

Mains Question:

Explaining the structured negotiation technique for boosting disability rights, evaluate its success in the global landscape for disability inclusion. (10 Marks, 150 Words).

Disability in India:

• As per the Rights of Persons with Disabilities Act, 2016, an individual with a disability is characterized by a long-term impairment affecting their physical, mental, intellectual, or sensory capacities.
• This impairment hinders their full and effective participation in society. The primary disability categories include behavioral or emotional, sensory impaired disorders, physical, and developmental.
• As reported by the World Bank, 5–8% of India’s population is comprised of individuals with disabilities.
• However, estimates from the NSSO suggest a lower figure of 2.2% of the population having disabilities.
• The NFHS-5 survey conducted between 2019 and 2021 indicates that 4.52% of the population in India is affected by disabilities.

The above graph pertains to the year 2018.

Various Disability Models:

Medical Model:

• This model perceives individuals with specific physical, intellectual, psychological, and mental impairments as disabled.
• According to this perspective, disability is seen as an inherent characteristic of the individual, equated with activity restrictions, and addressed through cures, treatment, and rehabilitation.

Social Model:

• In contrast, the social model directs attention to society, highlighting how it imposes unwarranted restrictions on individuals with impairments.
• Disability, in this model, is not inherent to individuals but results from the interaction between individuals and society.

Constitutional Framework for the Disabled in India:

• Article 41 of the Directive Principles of State Policy (DPSP) outlines that the State must make effective provisions to ensure the right to work, education, and public assistance for situations like unemployment, old age, sickness, and disablement. These provisions are to be made within the economic capacity and development limits of the State.
• Additionally, the responsibility for ‘relief of the disabled and unemployable’ is specified in the state list of the Seventh Schedule of the constitution.

Structured Negotiation:

• This approach commonly entails bringing the defaulting service provider into negotiations and emphasizing the advantages of adhering to social welfare legislations.
• Although its applicability extends across various sectors, structured negotiation has demonstrated particular effectiveness in resolving disability rights cases in the United States.

Structured Negotiation and Disability Rights:

• The success of structured negotiation has been evident in its ability to address issues related to inaccessible automated teller machines, point-of-sale devices, pedestrian signals, and service provider websites.
• Notably, major companies like Walmart, CVS, and Caremark have been persuaded to create accessible prescription bottles for blind or low-vision customers through this approach.
• Furthermore, it has played a role in driving institutional reform by facilitating strategies to enhance the accessibility of voting machines and websites.
• The core of this success lies in the win-win situation that the structured negotiation methodology offers. Defaulting service providers are motivated to avoid the high costs and negative publicity associated with litigation, while complainants seek barrier-free participation in the marketplace—goals that structured negotiation can accomplish.

Structured Negotiation and India:

• India’s bureaucratic procedures, which include mounting backlogs, extensive paperwork, and administrative hurdles in civil courts, are already discouraging parties from opting for traditional dispute resolution methods.
• The Rights of Persons with Disabilities Act of 2016, India’s prominent legislation on disability, stipulates that any violation of its provisions can be reported to the Chief Commissioner for Persons with Disabilities (CCPD).
• Subsequently, the CCPD issues a notice to the defaulting service provider, with the authority to direct them to make services accessible or impose penalties for non-compliance.
• While the establishment of a designated body for handling disability rights cases is a positive step, its tangible impact on rectifying accessibility barriers in the marketplace remains uncertain.
• For instance, the CCPD recently instructed PayTM, a digital payments application, to enhance the accessibility of its mobile applications for Persons with Disabilities. However, compliance with the directive resulted in the PayTM application becoming even less accessible.
• This incident highlights the need for continuous vigilance and user input to validate the effectiveness of solutions when attempting to make digital services accessible for persons with disabilities in real time.
• This is where the potential of the Structured Negotiation technique becomes valuable.
• On one hand, it provides an avenue for service providers like PayTM to evade the stigma of being labeled as non-compliant and helps them sidestep substantial legal fees and the bureaucratic entanglement associated with court proceedings.
• On the other hand, it empowers Persons with Disabilities to directly express their concerns to service providers and oversee the implementation of fixes.

Way Forward:

• Emphasizing priority is crucial. It is essential to recognize that the success of any alternative dispute resolution model is directly linked to the level of importance that service providers assign to the challenges faced by persons with disabilities.
• Until these providers acknowledge the tangible benefits of offering services to persons with disabilities, attempts to resolve these claims amicably outside the court system will remain challenging to achieve.
• It is crucial to acknowledge that the role of the law and legal advocacy remains essential in safeguarding the rights of marginalized populations.
• The success of structured negotiation depends on the establishment of a robust body of disabled-friendly legal precedents, providing a solid foundation for this approach.
• When courts define clear accessibility standards and compliance with the law in a specific sector, structured negotiation becomes a viable pathway for businesses to ensure their offerings are accessible without resorting to litigation.
• Simultaneously, users with disabilities can obtain disability-friendly offerings without the costs and unpleasantness associated with legal proceedings.

Conclusion:

It is now the opportune moment for India to embrace structured negotiation on a significant scale. Businesses that hesitate to adopt this approach do so at their own risk, potentially missing out on the substantial purchasing power held by persons with disabilities, irrespective of the legal compliance aspect. It is high time for businesses to prioritize the needs of disabled users, and demonstrating a willingness to engage in structured negotiation would be a powerful step in this direction.

The Increasing Role of the Indian Navy

Context:

In the face of an escalating global menace to maritime security, a swift and robust international response becomes imperative for ensuring safety. The recent successful rescue mission conducted by the Indian Navy’s MARCOS commandos underscores the necessity of adopting a decisive approach to address the risks associated with maritime activities.

Relevance:

• GS-2 India and its Neighbourhood
• GS-3 Defence Technology

Mains Question:

The recent incidents of hijacking on high seas and numerous maritime threats underscore the need for an increased involvement of the Indian Navy in addressing these challenges. Analyse. (15 Marks, 250 Words).

About the Rescue Mission:

• Indian Navy’s elite marine commandos, referred to as MARCOs, carried out a proficient search and rescue mission following an SOS call reporting the hijacking of the cargo vessel ‘MV Lila Norfolk’ on Friday (January 5) in the vicinity of the Somali coast.

• The commandos successfully rescued 21 crew members, which included 15 Indians, from the 84,000-tonne bulk carrier. The Navy utilized a combination of a warship, maritime patrol aircraft, helicopters, and Predator MQ9B drones to execute the operation.
• The MARCOs conducted the rescue mission while aboard the Indian Naval Ship INS Chennai. This incident emphasizes the evolving role of the Indian Navy in combating piracy and sea hijacking.

About the MARCOs:

• Established in 1987 as the Indian Marine Special Force, the elite unit of the Indian Navy known as MARCOs, or Marine Commando Force, is highly trained to execute covert operations and employ various tactics under the cover of darkness to eliminate targets without detection.
• Primarily safeguarding trade routes in the Arabian Sea, the Persian Gulf, and Somalia, the Indian Navy relies on MARCOs, considered among the toughest soldiers, for their extensive training in conducting swift and large-scale operations.
• Exhibiting dominance in sea, air, and land, MARCOs are adept at launching attacks on enemy ships and conducting anti-terror operations in maritime environments.
• Their capabilities include infiltrating territories through airborne raids, helicopter attacks, and sea landings. Possessing unmatched courage and intelligence, MARCOs are equipped with lethal weapon systems and protective gear.
• Operating under the motto “The few, The fearless,” MARCOs showcased valor during significant events such as their involvement in the 26/11 Mumbai attacks and assistance in the initial stages of the Taj Hotel attack in Mumbai in 2008.
• They have also received recognition for their contributions to cyclone operations. Notably, MARCOs played a vital role in the late 1980s during “Operation Pawan” amid the Sri Lankan Civil War.

About the Indian Navy:

• The Indian Navy serves as the maritime component of the Indian Armed Forces, with the President of India serving as the Supreme Commander.
• Commanded by the Chief of Naval Staff, a four-star admiral, the navy operates as a blue-water force, actively engaged in regions such as the Persian Gulf, the Horn of Africa, the Strait of Malacca, and conducts regular anti-piracy operations.
• Collaborating with other navies, it undertakes routine deployments lasting two to three months in the South and East China seas, as well as the western Mediterranean simultaneously.
• The primary mission of the navy is to protect the nation’s maritime borders. Working in coordination with the other branches of the Armed Forces, it aims to deter or overcome any threats or aggression directed at India’s territory, people, or maritime interests, whether in times of peace or war.
• Through joint exercises, goodwill visits, and humanitarian missions, including disaster relief efforts, the Indian Navy plays a crucial role in fostering bilateral relations between nations.

Changing Role of the Navy in Present Times:

Way Forward:

• Tackling the increasing resurgence demands unified international efforts to curb piracy and enhance global maritime security.
• Establishing strong international cooperation and an efficient early warning mechanism is imperative, and the Indian Navy’s response serves as a model for collaborative initiatives and timely information sharing globally.
• Robust mechanisms at the international level, including collaborative frameworks and agreements, are essential for addressing maritime threats collectively.

Conclusion:

The persistent challenges in combating maritime piracy underscore the need for sustained global cooperation, and the role of the Indian Navy sets a formidable precedent for a united front against maritime threats.