Beruflich Dokumente
Kultur Dokumente
EPW
JULY – 2017
INDEX
PAGE
SL.NO. TITLE
NO.
1 EDUCATION BUDGET 3
2 EFFECTIVE CLIMATE CHANGE POLICY 4
3 INDEPENDENCE OF NGT 5
4 OCCUPATIONAL DISEASES 6
5 ONE NATION ONE MARKET 7
6 PRIVATISING AIR INDIA 8
7 PUBLIC HEALTH WORKFORCE 10
8 QATAR CRISIS – AL JAZEERA 11
9 RETHINKING INDIA’S FEDERALISM 12
10 RIVERS AS LEGAL PERSONS - A REGRESSIVE STEP 13
11 INDIA ISRAEL - STRATEGIC PARTNERSHIP 15
12 PETROLEUM POLICY IN INDIA 15
13 A DIRGE FOR KASHMIR 17
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EPW – JULY 2017
In last year’s budget, ―Education, skill The share of education in the total union
development and job creation‖ as a category budget remains stagnant at 3.7%, the same as
was outlined as one of the distinct ―pillars‖ it was in 2016–17 (BE) (Figure 2, p 32).
that will transform India.
2017–18 Budget Speech overlooked discussing
This year education, skill development and job the financing of the ―Right to Education‖
creation is presented merely as a proposal for (RTE) and elementary education, despite
the ―youth.‖
widely shared concerns on low-learning levels.
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Over time, the Government of India has moved 2. EFFECTIVE CLIMATE CHANGE
its focus from inputs towards outcomes;
POLICY
however, there is little effort to identify the
indicators that will improve such outcomes. What is the issue?
However, given the present state of education, focus is emissions reduction or should include
with major disparities across states, this the adverse effects, finance and technology
incremental budgeting by the union transfer.
government towards education does not offer
any solution to the existing issues and A recent report released by UNEP says that
challenges facing students and the education
global emissions need to be reduced a further
sector.
one-quarter from predicted emissions in 2030,
It is, therefore, imperative for the government bringing centre stage the design of the new
to step up public investment in education, rules.
paying adequate attention to the quality
quotient
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Increased pressure on India, as the third In the accounting of emissions, the
largest emitter, can be expected even though comparison between what countries are doing
and what they should be doing will now be
its per capita emissions are below the global
important.
average.
Focus of the negotiations should be on long-
This calls for the rethinking India’s approach. term goals to support the post-2030 actions,
and address the inconsistency in the Paris
What India should do?
Agreement with the overemphasis on near-
The new principles have to be based on a term mitigation ambition as expressed in
different set of provisions of the Paris current Intended Nationally Determined
Agreement. Contributions.
India should leverage its unique position of The challenge that negotiators have to address
having 300 million of its population without is in continuing to factor social justice, equity
and the need for economic growth and security
access to electricity and concerns on wasteful
into the equation.
urban lifestyles to push these elements as the
primary issues of a long-term global climate The multilateral process, including the
policy scientific assessment, political negotiations
and national legislators must now frame an
A framework that maintains this distinction
holistic policy.
between countries whose emissions have yet to
peak and countries whose emissions have 3. EFFECTIVE CLIMATE CHANGE
peaked will be the key in securing ―climate POLICY
justice.‖
What is the issue?
India needs to take the leadership in defining Global climate policy should focuses solely on
an ―overarching global climate policy goal‖ to reduction of emissions of carbon dioxide,
support the post-2030 negotiations. which is just a symptom of the problem.
It should be move away from considering It should start discussing the causes and
emissions of carbon dioxide to the causes, or strategies.
modification of activities that lead to the
What are the new developments?
emissions.
US withdrew from the Paris agreement.
India should raise distribution issues on the
nature of the demand and related standards of There were different interpretations on what
living driven by countries entering their was agreed upon at Paris Aggrement, during
negotiations at Bonn on the rules for
energy—and material-intensive development
implementing the Paris Agreement.
phase coupled with continuing high levels of
consumption in high-income economies. The key areas of divergence are whether the
focus is emissions reduction or should include
How best to modify lifestyles based on specific
the adverse effects, finance and technology
needs and national circumstances requires to
transfer.
be made a part of the global assessment.
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A recent report released by UNEP says that How best to modify lifestyles based on specific
global emissions need to be reduced a further needs and national circumstances requires to
one-quarter from predicted emissions in 2030, be made a part of the global assessment.
bringing centre stage the design of the new
In the accounting of emissions, the
rules.
comparison between what countries are doing
Increased pressure on India, as the third and what they should be doing will now be
largest emitter, can be expected even though important.
its per capita emissions are below the global
Focus of the negotiations should be on long-
average.
term goals to support the post-2030 actions,
This calls for the rethinking India’s approach. and address the inconsistency in the Paris
Agreement with the overemphasis on near-
What India should do? term mitigation ambition as expressed in
The new principles have to be based on a current Intended Nationally Determined
different set of provisions of the Paris Contributions.
Agreement.
The challenge that negotiators have to address
India should leverage its unique position of is in continuing to factor social justice, equity
having 300 million of its population without and the need for economic growth and security
access to electricity and concerns on wasteful into the equation.
urban lifestyles to push these elements as the
The multilateral process, including the
primary issues of a long-term global climate
scientific assessment, political negotiations
policy
and national legislators must now frame an
A framework that maintains this distinction holistic policy.
between countries whose emissions have yet to
peak and countries whose emissions have
4. INDEPENDENCE OF NGT
peaked will be the key in securing ―climate What is the issue?
justice.‖
National Green Tribunal (NGT) is in the line of
India needs to take the leadership in defining fire.
an ―overarching global climate policy goal‖ to
What is NGT?
support the post-2030 negotiations.
It is set up under the National Green Tribunal
It should be move away from considering Act, 2010.
emissions of carbon dioxide to the causes, or
modification of activities that lead to the Its remit is to deal with all cases that relate to
emissions. protecting the environment, conserving forests
and natural resources, enforcing legal rights
India should raise distribution issues on the
relating to the environment, and giving
nature of the demand and related standards of
compensation and relief to people who have
living driven by countries entering their
energy—and material-intensive development suffered damage to their property due to
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It was set up specifically so that environmental It would also compromise its independence;
cases could be dealt with speedily and with the something that is essential given that it often
requisite expertise. has to judge the actions of governments, both
at the centre and in the states.
Only the Supreme Court can reverse its ruling.
Judicial interventions are specific and are
What are the changes being made? backed by a monitoring mechanism that will
be overseen by the Court and not by
There were some changes brought about via
lackadaisical governments.
the Finance Act, 2017. It now has provisions
applying to tribunals that will also apply to the So the imperative of an independent tribunal
NGT. becomes all the more pressing in every
environmental issue.
It brought in the qualifications and service
conditions of members of tribunals like the
5. OCCUPATIONAL DISEASES
NGT. What is the issue?
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Only after a local organisation moved the What should be done?
National Human Rights Commission was the
Specific steps have been taken in UK to deal
matter investigated. with occupational diseases such as silicosis or
pneumoconiosis by making it mandatory for
The labour court in Odisha has ordered the
industries to implement safety measures.
Odisha government to pay the families₹46
lakh as compensation. These include not just safety gear for every
worker but also using methods of extraction
The ruling was made possible because of an that reduce the quantum of dust generated.
important Supreme Court judgment in 2016 in
The law also requires all workers thus exposed
a case involving 238 workers who died of
to go through regular health check-ups and
silicosis after working for more than 10 years
monitoring as it recognises that silicosis.
in quartz-crushing factories in Godhra and
Balasinor in Gujarat. It can only be detected if the individual’s
health parametres are monitored and as it is
What are the lacunae? incurable, the only way to prevent the disease
The men were employed on short-term is to limit exposure to the hazardous particles.
contracts that deprived them of benefits to Such provisions remain only on paper in India
which workers are entitled under the law. and are rarely enforced.
impossible to certify this as the cause of death. It should, however, be noted that GST is not
As a result, the data on silicosis deaths or uniform across these countries.
pneumoconiosis or byssinosis are gross
There being more than 40 models of GST
underestimates.
presently in force.
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The model of GST India adopted is the dual If abolishing state taxes under GST was a
GST model followed by only one other country, definite way of creating efficient markets and
namely Canada. economies, US or the European Union would
have at least considered GST for themselves.
What are the positives?
But they have not.
GST is said to bring about the economic
unification of India in the form of a single All the predictions about increased growth are
market. based on the reduction in inefficiencies in the
production process while eliminating the
Finance Minister proclaimed that GST would
current compounding effect of different central
lead to a 2% increase in the GDP.
and state levies.
The World Bank held that a smooth The higher prices of many items of mass
implementation of GST could boost economic consumption, previously available without tax,
activity to push India’s GDP up to 7.2% in having been brought under the ambit of GST
2017–18 and further to 7.5% in 2018–19. are likely to hit the poor strata harder.
The implementation of GST is being In lieu of this, many countries had instituted
euphemistically projected as the biggest tax price control mechanisms when introducing
reform after independence. GST.
What are the shortcomings? GST grants all states equal votes, undermining
The GST is undoubtedly great for large the reality that there is little or no similarity
businesses, and the central government. among Gujarat, Tamil Nadu or Jharkhand, and
Tripura.
But it is not the same case so for the states and
the people. Being a destination tax, it has an intrinsic
disincentive to the manufacturing states. For
There is not much dispute on the desirability
example, states like Tamil Nadu, India’s
of a simplified tax structure in the form of
manufacturing hub, had opposed the GST
GST.
precisely due to this reason, as it saw a revenue
But it all depends on how it is structured and loss of around ₹9,270 crore under GST.
implemented in a vast country such as India
with its diversity and constitutional
complexity.
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7. PRIVATISING AIR INDIA Forcing the exit or merger of an established
state-run airline—with the second or third
Why in news?
largest market share by different indicators,
The cabinet committee gave ―in-principle‖ which has 31% of the planes in the sector and
approval for privatising Air India. prime slots at airports worldwide—will only
aid in the undesirable concentration of market
Why it should not be done? power with a few already large private airlines,
It is still undergoing a 10-year rehabilitation and will prove anti-competitive.
package that started in 2012.
What should be done?
It posted faster-than-anticipated operating Instead of indulging in virulent criticism the
profits and lower net losses in 2015–16. government must allow the recovery package
to bear fruit, and must not privatise in haste.
Air India’s passenger load factor i.e its ability
to fill seat capacity has improved steadily over All signals suggest that Air India will prove to
the last five years. be a profitable venture for the government,
like it used to be earlier.
With steady passenger growth, it is expected to
be the third largest civil aviation market by the
7. PUBLIC HEALTH WORKFORCE
end of the decade.
What is the issue?
Forecasts expect the number of annual
India’s public health workforce infrastructure
domestic passengers alone to reach 100
is inadequate, in terms of numbers and
million by next year.
quality, to tackle its current and future public
It will only benefit some private airlines and is healthcare.
definitely not in the interest of either Air India
What are the problems in India?
or its staff.
Indicators of poor maternal and child
It could also prove detrimental for the sector mortality and morbidity,
and for consumers as well.
High level of preventable infectious diseases,
Private airlines too have had difficulty
navigating India’s civil aviation sector. Rising trends of chronic diseases such as
diabetes, strokes,
Air India must be given the opportunity to
service its debt, one that is not denied to the Coronary heart disease
private sector that owes much larger amounts
to public banks.
What is the significance of public health
workforce?
A part of its staffing problem has already been
A public health workforce requires people, who
addressed, but much needs to be achieved on
have qualifications in public health education,
service quality and reliable delivery.
to occupy positions exclusively or substantially
The national carrier must invest in its staff to focused on population health.
deliver high quality services efficiently.
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Public health professionals play a central role develop undergraduate degree programmes in
in ensuring the appropriate management of all public health, especially in poorer states.
aspects of the healthcare system: from logistics
This will ensure that the needs and
and facility management, to finances, and the
requirements of a public health professional
monitoring of healthcare status and healthcare
workforce in India are fulfilled.
interventions.
It has also been acussed of actively promoting This is because the third tier, comprising the
the protestors in Tahrir Square in Cairo. municipalities and panchayats, only has such
powers that the state governments choose to
It argues that giving voice to even radical give it.
Islamicist groups is its professional duty.
Increasing urbanisation and the governance
Saudi-led group is unwilling to accept as they failures in Indian cities have caused the recent
see it as deliberate provocation. surge in discussion over urban local
government in India.
What should be done?
Rural self-government has also flourished but
The region has no concept of freedom of
is once again in focus due to efforts of certain
expression or of the press.
state governments to rein in their
monarchy.
What are the problems with Indian
Journalists are routinely threatened, and even While reservations for women and Dalits in
imprisoned, if they cross these boundaries. the panchayat institutions have done much to
strengthen India’s democracy, it has not been
Al Jazeera has effectively demonstrated that without serious pushback from upper-caste
even within constraints, it is possible to men and their allies in the state governments.
present a plurality of views and challenge
There have been efforts to limit eligibility for
dominant narratives.
panchayat elections based on the number of
So it is essential for Qatar not to cave in to the children born to parents, education levels, and
pressures. even presence of toilets in homes.
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These are means of reducing participation in Apart from granting plenary powers to local
the democratic process. authorities, the relation between the union and
the states needs to be re-examined to tilt the
According to the 2011 Census, there are 46
balance of power towards the latter.
cities in India with a population of more than
one million, and eight with a population of The distribution of powers between the centre
more than four million. and states in the Seventh Schedule should be
revisited to replacing the post of an appointed
Seven of the 10 largest cities are also the
capital cities of the states in which they are governor with an elected one (like the
itself).
The two parallel conversations—on
Yet, all these cities are supposed to be empowering the states and creating better
governed with only the powers that the state forms of local governance—need not
government chooses to give them. necessarily take place separately.
This has two implications: urban governance Federalism in the Indian context is not just an
becomes dysfunctional, and where the cities administrative convenience or a colonial
are also the capitals of the states, the chief leftover.
minister of the state is forced to become the de
It is that feature of India’s Constitution that
facto mayor of the city in question.
acknowledges the bewildering diversity of the
The consequences of this tangle of authorities country and the attempts to forge a common
and jurisdictions have had many deleterious destiny without sacrificing diversity.
effects.
10. RIVERS AS LEGAL PERSONS - A
What should be done?
REGRESSIVE STEP
Local authorities should cease to be entirely
What is the issue?
subordinate to the state government and be
considered as a full tier of government with The High Court of Uttarakhand has
their powers, functions and duties provided for consecrated two Indian rivers as juristic
in the Constitution itself. persons in Mohd Salim v State of
Uttarakhand, 2017.
This would require the existing panchayats
and municipalities to be vested with plenary The judgment is skewed and based on flawed
legislative and executive powers, if not legal reasoning.
exclusively, then concurrently with the state
government. What was the judgment?
This should include the powers to levy taxes It declared that the Rivers Ganga and Yamuna,
and fines to raise revenue for the functioning all their tributaries, streams, every natural
of the local body, and a more equitable water flowing with flow continuously and
mechanism to distribute state revenues to local intermittently of these rivers, as juristic/legal
bodies. persons/living entities.
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It means that they now have the status of legal There is no comparison between an idol in a
persons with all corresponding rights, duties temple or a private company, and a river,
and liabilities of a living person in order to which is a natural common pool resource.
preserve and conserve the rivers.
The bench has cited Yogendra Nath Naskar v
The bench exercised the doctrine of parens Commission of Income Tax, Calcutta (1969) as
patriae and directed that a Ganga Management a precedent where it was held that a ―Hindu
Board be constituted. idol is a juristic entity capable of holding
property and of being taxed through its
It appointed the director of the Namami Gange
shebaits who are entrusted with the possession
Programme1 and the chief secretary and
and management of its property.‖
advocate general of the state of Uttarakhand as
persons in loco parentis as the ―human face to This reasoning cannot be applied to a river.
protect, conserve and preserve Rivers Ganga
and Yamuna and their tributaries.‖ Temple boards are socio-religious trusts
comprising members nominated by both the
Why is it a case of skewed reasoning? government and community.
The reasoning applied by the bench is skewed. assets and to ensure their smooth operation in
accordance with traditional rituals and
The judgment that threatens to undermine customs prescribed under religious scriptures.
years of progress made in environmental
jurisprudence. A river board, on the other hand was envisaged
as a state body designed to advise the central
The concept of an artificial juristic personality government on development opportunities,
has proved to be an effective tool to look into and to coordinate activities and resolve
the functioning of companies, corporate disputes pertaining to rivers.
bodies, as well as places of religious worship.
Under their mandate, the boards were
However, to apply it to a common pool required to provide advice to the government
resource like a river is a stretch. Further, the on various issues related to rivers.
notion that it will be of any use or significance
when applied towards conservation of a river is This is an absurd perversion of constitutional
natural resource to be utilised in an effective section of society to come into conflict with the
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The sustainable development and strategic partnership requires a willingness to
environmentalism are simply better served share in each other’s geopolitical objectives.
through a scientific approach supported by
But the commonalties between Israel and
inclusive steps that involve people irrespective
India are unclear.
of distinctions of belief, faith, caste and
gender. Israel has the luxury of complete impunity in
deploying a range of options within its broadly
The introduction of a religious narrative now,
defined strategic frontiers.
after years of constitutional and political
struggle seeking to look at conservation It would be foolhardy for India to adopt
through a dispassionate and scientific lens, is a similar practices.
regressive step.
So the strategic partnership might then be a
The appointment of officers of the lone state of camouflage for India for importing the more
Uttarakhand as persons in loco parentis is toxic doctrines of Israel’s military occupation
likely to create more problems. of Palestine into its own political practice.
The language used in the judgment appears to Israeli intent is clear from statements by its
give the impression that the state of Prime Minister that an entire history of
Uttarakhand shall have the sole responsibility Palestine should be removed.
and associated rights for the ―promotion of
health and well-being‖ of the rivers and their Similar dangerous fantasies are gaining
tributaries. influence over Indian strategy towards the
insurgency in Kashmir.
There are bound to be conflicts between the
states where the river flows, when it comes to This might lead to an ―aggressive, hardline
strategies, planning, and implementation of approach‖ in dealing our domestic issues.
river rejuvenation and conservation efforts.
12. PETROLEUM POLICY IN INDIA
Further, the exact contour of duties of loco
What is the issue?
parentis, when applied to natural resources, is
In the last 25 years, the Indian petroleum
uncharted territory.
sector has gone through several structural
11. INDIA ISRAEL - STRATEGIC changes.
PARTNERSHIP
Each stage of these reforms has favoured
What is the issue? private sector companies, signifying a
The joint statement issued after Indian PM’s visit to loosening of government control on the sector
Israel declared that the bilateral relationship had now that had been asserted through investing in
been raised to the level of ―strategic partnership.‖ public sector oil companies in the 1970s.
Promoting an expedient relationship involving Initial Phase - At least until 1970, private oil
large purchases of military hardware into a companies dominated the petroleum sector.
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The government did not have much control Phases of Deregulation - In the era of new
over pricing, and it formed a committee under economic policies, the petroleum sector also
K R Damle (1961) to recommend a new went through structural changes.
approach.
The story of deregulation can be divided into
The committee recommended the import five phases.
parity price (IPP) mechanism, and the
First phase (1998–2002) - APM was
government allowed oil companies to price
dismantled in upstream companies and all
petroleum products at rates not more than
products were decontrolled, barring petrol,
their import price.
diesel, public distribution system (PDS)
Talukdar Committee (1965) found that private kerosene, domestic liquefied petroleum gas
oil companies were using the highest (LPG), and aviation fuel.
international price, though discounts for
The government decontrolled aviation fuel in
petroleum products were available in the
April 2001.
international market.
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Third phase (2010 to January 2013) - The Kirit With this, the physical performance of public
Parikh Committee recommended the sector oil companies has either decreased or
immediate deregulation of petrol, and slowed down, which results in less healthy
suggested the government also consider financial performances.
deregulating diesel. As this was politically
Private sector oil companies now flourish in
sensitive, policymakers could work out a
the petroleum sector because of policy-level
smooth passage for its implementation only
encouragement by the government, which has
later.
simultaneously been retreating from the
Fourth Phase (January 2013–September 2014) sector.
- In January 2013, the government allowed oil
If the petroleum sector’s development
companies to increase the diesel price by 40–
continues on the same road, private companies
50 paise/month. It was a partial decontrol. The
could well be in a position to control the
formula continued until September 2014,
market again
making up for the under-recovery on diesel.
Fifth Phase (September 2014 to now) - The 13. A DIRGE FOR KASHMIR
prices of only two products are regulated by What is the issue?
the government—PDS kerosene and LPG. The killing of Burhan Wani intensified people’s
resistance followed by the indiscriminate
In the case of domestic LPG, the government
killing of over a hundred people by state
introduced the direct benefit transfer for LPG
forces.
(DBTL) scheme in June 2013, which gives the
subsidy directly to consumers. A new report, ―Why Are People Protesting in
Kashmir? A Citizen’s Report on the Violation
Who benefitted from these changes?
of Democratic Rights in the Kashmir Valley in
One of the main arguments by advocates of
2016,‖ brings first-hand accounts the events.
deregulation of the petroleum sector was that
it would lead to an improvement of the What was the aftermath of Burhan Wani
financial health of public sector oil companies. killing?
But the evidence points to the exact opposite of In many ways, the killing of Burhan Wani was
companies have captured a significant amount Pakistani terrorist; the people in Kashmir
With deregulation of upstream activities, His killing sparked off a fresh wave of protest
They have lately been doing well in the retail for that spontaneous show of protest has been
business. deadly.
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The police and army actions since then, which the Kashmir Valley to maim and blind a
have exceeded all bounds of restraint and generation of Kashmiri people.
humanity.
There have been instances in which the police
Right to freedom of expression of Kashmiris in and security forces maimed people and then
the valley has never before been crushed with denied them medical aid, which sometimes
so much brutality. resulted in their death.
Why Are People Protesting in Kashmir? The Jammu and Kashmir Public Safety Act,
The impunity of the Indian state and its armed 1978 (PSA) has been used to indict potential
forces has cornered Kashmiris in terms of their ―troublemakers‖ but it has been used
Even peaceful resistances were responded to Up to 800 students were taught in Srinagar for
with bullets, pellets and PAVA shells three months in these schools.
Peaceful protests like those of the APDP have government forces, prohibiting them from
Workers engaged in economic activities were The resolution of Kashmir dispute can only
attacked, creating unsafe working conditions. come through a political solution, not through
military intervention and a suppression of
Army and CRPF used a new means of
human and democratic rights.
repression - the burning of standing paddy
crops in several districts, including Kulgam, The army and other paramilitary forces should
Baramulla, Budgam and Anantnag. be withdrawn from civilian areas of J&K.
The fields as well as orchards of resistance The Jammu and Kashmir Public Safety Act,
leaders were particularly attacked and 1978 and the Armed Forces (Jammu and
destroyed. Kashmir) Special Powers Act, 1990 should be
repealed
The targeting of food crops appears to be
strategic, to hit not only the local economy but All political prisoners should be released, in
also food sustenance that is crucial to survival particular all prisoners arrested under the
during months of curfews and strikes, when PSA.
mobility is also severely restricted.
The United Nations High Commissioner for
The security forces—including the army and Human Rights for a UN fact-finding mission in
STF—also resorted to burning electricity J&K should be granted access.
transformers in 2016 in Anantnag, Baramulla,
A judicial tribunal under the supervision of the
Srinagar and Budgam.
Supreme Court to examine all cases of
State armed forces’ attack on essential public extrajudicial killings, including that of Burhan
services such as electricity, amount to a Wani should be established.
violation of the right to life.
The government should enter into an open and
transparent dialogue, without preconditions,
with all sections of the Kashmiri people and
their representatives.
♣♣♣♣♣
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