2. About the ASEAN and East Asia Summit?

ASEAN (Association of Southeast Asian Nations)

• ASEAN is a regional intergovernmental organization consisting of ten countries in Southeast Asia.
• It was founded on August 8, 1967, to promote political and economic cooperation, regional stability, and social progress among its member states.
• The founding members of ASEAN are Indonesia, Malaysia, the Philippines, Singapore, and Thailand, with Brunei, Vietnam, Laos, Myanmar, and Cambodia joining later.
• ASEAN holds regular meetings and summits to discuss regional issues, economic integration, and diplomatic cooperation.

Image Source: The Research Gate

East Asia Summit (EAS)

• The East Asia Summit is a broader regional forum that includes ASEAN member states along with eight other countries, namely Australia, China, India, Japan, New Zealand, South Korea, Russia, and the United States.
• The EAS was established in 2005 to provide a platform for discussions on strategic, political, and economic issues affecting East Asia.
• It addresses a wide range of regional and global challenges, from security and trade to environmental issues.

Image Source: Twitter

3. The Rationality behind the ASEAN and East Asia Summit 

• Promote regional peace and stability. The EAS provides a forum for leaders to discuss and address common security challenges, such as terrorism, piracy, and natural disasters.
• Foster economic growth and development. The EAS can help to promote trade and investment, and to facilitate economic integration in the region.
• Address non-traditional security challenges. The EAS can also address non-traditional security challenges, such as climate change, pandemics, and human trafficking.

4. About ‘multilateralism’ 

Multilateralism is a principle of international relations that emphasizes cooperation between countries. This cooperation can take many forms, such as diplomacy, trade agreements, and international organizations. There are several benefits to multilateralism including

4.1. Concept of Multilateralism

• The concept of multilateralism emphasizes diplomacy, negotiation, and cooperation among nations to achieve collective objectives.
• It rests on equality, non-interference in internal affairs, and respect for international law.
• Multilateral institutions like the United Nations, the World Trade Organization, and regional organizations such as ASEAN play significant roles in facilitating multilateral cooperation.

4.2. Purpose of Multilateralism

• Foster international cooperation and dialogue.
• Promote peace and security by addressing conflicts through diplomacy and collective security mechanisms.
• Facilitate economic integration and trade through agreements like the World Trade Organization (WTO).
• Address global challenges such as climate change, public health crises, and terrorism through coordinated efforts.
• Uphold international law and human rights.
• Create a more stable and predictable international system.

4.3.  About post-Cold War multilateralism

• Post-Cold War multilateralism refers to the practice of cooperation between countries in the post-Cold War era.
• This cooperation is often seen as a way to address common challenges and promote peace and stability.
• There are several reasons why multilateralism has become more important in the post-Cold War era.

1. The end of the Cold War led to a decline in superpower rivalry, which created an opportunity for countries to cooperate more closely.
2. The rise of new challenges, such as terrorism and climate change, has made it clear that no country can address these challenges alone.
3. The increasing interconnectedness of the world economy has made it more important for countries to cooperate on trade and investment issues.

5. Unilateralism and Multilateralism in International Relations

Unilateralism

• Unilateralism is an approach in international relations where a nation acts independently and without seeking the approval or cooperation of other countries.
• This can include making decisions, taking military action, or implementing policies without regard for international consensus.
• Unilateralism can be seen as a more assertive or isolationist stance.

Multilateralism

• Multilateralism involves collaboration and cooperation among multiple nations to address global challenges.
• It values diplomacy, negotiation, and shared responsibilities. Multilateral approaches are often considered more inclusive and consensus-based.

6. Is multilateralism declining?

• There is some evidence to suggest that multilateralism is declining. For example, the number of new international organizations has declined in recent years, and there has been a rise in unilateralism, particularly in the United States.
• However, there are also many examples of countries cooperating multilaterally to address common challenges.
• Ultimately, the future of multilateralism will depend on the willingness of countries to work together to address the challenges of the 21st century.

 

Source: indianexpress

SAME-SEX MARRIAGE

1. Context 

Hong Kong only recognizes same-sex marriage for certain purposes such as taxation, civil service benefits and dependent visas. Many of the government’s concessions were won through legal challenges in recent years and the city has seen a growing social acceptance toward same-sex marriage

2. Petitions

• The SMA provides a civil form of marriage for couples who cannot marry under their personal law and both the recent pleas seek to recognise same-sex marriage in this Act and not personal laws.
• The first petition was filed by two men, Supriyo Chakraborty and Abhay Dang, who have been a couple for 10 years.
• Their petition argued that the SMA was "ultra vires" the Constitution "to the extent it discriminates between same-sex couples and "opposite-sex couples"
• It stated that the Act denied same-sex couples both "legal rights as well as the social recognition and status" that came from marriage.
• About 15 legislations which guaranteed the rights of wages, gratuity, adoption, surrogacy and so on were not available to LGBTQ+ citizens.
• The petitioners emphasised that the SMA "ought to apply to a marriage between any two persons, regardless of their gender identity and sexual orientation".
• The other petition was filed by a same-sex couple of 17 years Parth Phiroze Mehrotra and Uday Raj Anand.
• The recognition of same-sex marriage was only a "sequel" or a continuation of the Navtej Singh Johar Judgement of 2018 (decriminalising homosexuality) and the Puttaswamy judgement of 2017 (affirming the Right to Privacy as a fundamental right).
•  The petition did not touch on personal laws but only sought to make the 1954 Act "gender-neutral".

Their plea pointed out that while Section 4 of the SMA permitted the solemnisation of marriage between any two persons, a subsequent section placed restrictions. It said " The use, in Section 4 (C) of the words 'male' and 'female', as well as the use of gendered language such as the terms "husband/wife" and "bride/ bridegroom" in other sections of the Act, limit the access to marriage to a couple comprising one 'male' and one 'female".

3. Similar petitions

• There are currently a total of nine petitions pending before the High Court of Delhi and Kerala, seeking to recognise same-sex marriages under Acts such as the SMA, the Foreign Marriage Act and codified personal laws.
• The Supreme Court Bench transferred the various pending issues before High Courts to Supreme Court.

4. Navtej Johar judgment (2018)

• The five-judge Supreme Court Bench had decriminalised homosexuality and unanimously held that the criminalisation of private consensual sexual conduct between adults of the same sex under the more than 150-year-old Section 377 of the Indian Penal Code was unconstitutional.
• The judgment had apologised to the LQBTQ+ community for the wrongs of history and had also stated: "Sexual orientation is natural. Discrimination based on sexual orientation is a violation of freedom of speech and expression".
• Besides decriminalising consensual homosexuality, the judgment also made other important observations. 
• It noted that homosexuals had the right to live with dignity and were "entitled to the protection of equal laws and are entitled to be treated in society as human beings without any stigma being attached to any of them".
• It stated that a person's bodily autonomy be constitutionally protected and that sharing intimacy in private with a person of choice formed a part of the individual's right to privacy.
• CJI Chandrachud also emphasised that the case was not solely about striking down Section 377 but also about the rights of the LGBTQ+ community.

5. NALSA vs Union of India judgment (2014)

The Court had said that non-binary individuals were protected under the Constitution and fundamental rights such as equality, non-discrimination, life, freedom and so on could not be restricted to those who were biologically male or female.

6. Government's stand

• Late last year, while responding to the pleas seeking recognition of same-sex marriages in the Delhi High Court, Solicitor General Tushar Mehta for the Centre had said that as per the law, marriage was permissible between a "biological man" and biological woman".
• He also argued that there were misconceptions about the Navtej Kaur judgment. "It merely decriminalises It does not talk about marriage," Mr Metha had stated.
• The Counsel of the petitioner had rejected this by saying that while the 2018 judgement did not mention the words "same-sex marriage" the "inevitable conclusion" favoured recognising it.
• In its affidavit opposing the pleas, the Centre had said: "The acceptance of the institution of marriage between two individuals of the same gender is neither recognised nor accepted in any uncodified personal laws or any codified statutory laws".
• It also argued against the urgency of the pleas by saying nobody was "dying" in the absence of a marriage certificate.

7. Other countries 

• A total of 32 countries around the world have legalised same-sex marriages, some through legislation and others through judicial pronouncements.
• Many countries first recognised same-sex civil unions as the escalator step to recognise homosexual marriage.

Civil unions or partnerships are similar arrangements to marriages which provide legal recognition of unmarried couples of the same or opposite sex to grant them some of the rights that come with marriage such as inheritance, medical benefits, employee benefits to spouses, managing joint taxes and finances and in some cases even adoption.

 

• The Netherlands was the first country in 2001 to legalise same-sex marriage by amending one line in its civil marriage law.
• In some countries, the decriminalisation of homosexuality was not followed for years by the recognition of same-sex marriage, for instance, in the U.S. the former happened in 2003 while the latter was in 2015.

For Prelims & Mains

 

For Prelims: Same-Sex Marriage, Special Marriage Act,  LGBTQ+ citizens, Navtej Singh Johar Judgement, Puttaswamy judgement, NALSA vs Union of India judgment,  For Mains: 1.  What is same-sex marriage? Discuss the various issues to legalize same-sex marriage in India. (250 Words) 2.  LGBTQ community “are entitled to the full range of constitutional rights”. Comment (250 Words)

 

Previous Year Questions: Which Article of the Constitution of India safeguards one’s right to marry the person of one’s choice? (UPSC 2019) (a) Article 19 (b) Article 21 (c) Article 25 (d) Article 29 Answer (b)

Source: The Hindu 

EAST ASIA SUMMIT

 

1. Context

Southeast Asian leaders decided Tuesday that Myanmar won’t take over the rotating leadership of their regional bloc as scheduled in 2026, in the latest blow to efforts by its ruling generals to gain international recognition after violently seizing power in 2021.

2. What is East Asia Summit?

• Beginning in 2005, 16 participating countries comprised this grouping, with their first meeting in Kuala Lumpur, Malaysia. These members were the 10 ASEAN Countries, Australia, China, Japan, India, New Zealand, and the Republic of Korea.
• ASEAN's 10 member countries are Brunei, Cambodia, Indonesia, Laos, Malaysia, Myanmar, the Phillippines, Singapore, Thailand, and Vietnam. The United States and the Russian Federation joined at the 6th East Asia Summit in 2011.
• Simply, the EAS is an ASEAN initiative and refers to the annual Meeting of Heads of State/Governments of these countries, where they can discuss common concerns and interests.
• Its creation was based on the idea of enhancing cooperation among East Asian countries and those in the neighboring regions. Six priority areas of cooperation were identified-Environment energy, education, finance, global health issues, pandemic diseases, natural disaster management, and ASEAN connectivity.
• In the past, the issues of claims over the South China Sea, the United Nations Convention on the Law of the Sea, terrorism, the actions of North Korea, and the Conflict situation in Myanmar have been discussed by the countries.

3. What are the East Asian Summit Links with India?

• This year marks the 30th anniversary of ASEAN-India relations and is being celebrated as the ASEAN-India Friendship year.
• In a Joint statement, ASEAN- India acknowledged the deep civilizational linkages, maritime connectivity, and cross-cultural exchanges between southeast Asia and India which have grown stronger over the last 30 years, providing a strong foundation for ASEAN-India relations. 
• VP Dhankar on Saturday announced an additional contribution of USD 5 million to the ASEAN-India science and technology fund to enhance cooperation in sectors of public health, renewable energy, and smart agriculture.
• According to a 2021 statement by the Prime Minister's website, "ASEAN-India Strategic Partnership stands on a strong foundation of shared geographical, historical and civilizational ties. ASEAN is central to our Act East Policy and our wider vision of the Indo-Pacific".

4. About ASEAN

• The annual summit of the Association of South East Asian Nations (ASEAN) under the chairmanship of Cambodia was held from November 10 to November 13. Amid the war in Ukraine and contestation between US and China, the 10-member regional grouping stressed its common interest and concern, such as strengthening energy cooperation and people-to-people connectivity.
• Indonesia's president Joko Widodo mentioned the idea of a new Cold War amid increasing tensions between the United States and China, saying ASEAN would not become "a proxy to any powers".
• With a combined population of 700 million people that has long been seen as a relatively stable and unified grouping, especially when compared to other regions of the world like Europe or South Asia, ASEAN has also remained important for India.

5. India and ASEAN

• Apart from the individual ties that India has had with these countries, Prime Minister Narendra Modi has said ASEAN is central to India's Act East Policy, which focuses on the extended neighborhood in the Asia-Pacific region. The policy was originally conceived as an economic initiative but has gained political, strategic, and cultural dimensions including the establishment of institutional mechanisms for dialogue and cooperation. In 2018, ASEAN leaders were the chief guests at India's republic day parade.
• India is part of the ASEAN Plus Six grouping, which includes China, Japan, South Korea, New Zealand, and Australia as well.
• In 2010 a Free Trade Agreement was also signed and entered into force between India and ASEAN. While India was part of negotiations to join the Regional Comprehensive Economic Partnership (RCEP) in 2020, it ultimately decided not to do so. However, in the largest seven years trade has grown in terms of value, barring the pandemic years of 2020 and 2021.
• ASEAN itself has recently faced issues that complicate coordination, such as the rise of China and its claims over the South China Sea (many of which compete with claims of ASEAN members like the Philippines) and the issue of military conflict in Myanmar.

For Prelims & Mains

For Prelims: East Asia Summit, ASEAN, Regional Comprehensive Economic Partnership (RCEP), Act East Policy  For Mains: 1. In the wake of China-US rivalry, India needs to reboot its Asian Strategy. Comment.

 

Source: The Indian Express