Nuclear signalling, the need for new guard rails
Context
- The conflict in Ukraine and the recourse to nuclear rhetoric have revived concerns about nuclear escalation management between the major nuclear powers.
Nuclear Deterrence
- The principle of nuclear deterrence was born out of the symbiosis of the principle of military deterrence and the emergence of nuclear weapons.
- It is a military doctrine according to which the possibility that a country will use the nuclear weapons it possesses in retaliation will deter an enemy from attacking.
- The idea came to the forefront of US military policy. It helps avoid a nuclear war as each side tries to secure their interests by avoiding a nuclear confrontation.
- Hypothetically, if Country A launches a nuclear war against Country B, Country B will be able to inflict enough damage on Country A that it would lead to what theorists call “Mutually Assured Destruction (MAD).”
- The underlying logic is that Nobody will survive to claim oneself a winner.
Advantages offered by Nuclear Deterrence
- Averting escalation of a world war: The threat of MAD is enough to prevent the world’s nuclear powers from escalating a conflict to the point that a military confrontation becomes inevitable.
- Promote stability: Analysts claim that nuclear weapons do not just protect countries against use of nuclear weapons by others, but even prevent war and promote stability.
- Increases stake and credibility of a nation: Security apparatus of a nation earns its global credibility. Having nuke inherently gives a geo-strategic advantage to countries.
- Prohibiting coercion: The role of the weapon is narrowly framed for safeguarding against nuclear blackmail and coercion.
Limitations of Nuclear Deterrence
- Increase in proxy wars: Nukes have not been shown to prevent proxy wars and acts of terrorism by various non-state actors.
- Unequal advantage: With the unequal distribution of nuclear capabilities in today’s world, certain nations are at an immediate advantage over other countries.
- Alternative warfare: There is no assurance of peace even both conflicting countries may possess nuclear weapons. Biological wars have replaced nukes that are silent killers in disguise. Ex. Wuhan virus pandemic.
- Rise in cold and economic warfare: The world has entered into the phase of a new Cold War
- Non–state actors acquiring nukes: In worst nightmares, there is a likelihood that of inadvertent escalation due to acquisition of the nukes by Talibans or any other terror outfits.
- Emergence of rogue states: Rogue nation or state regarded as breaking international law and posing a threat to the security of other nations. Ex. North Korea.
- Cyberattacks on nuclear command and control: China has been highly successful in manipulating power grids in Pakistan. This can also happen anywhere in the world triggering uncontrolled reactions in nuclear grids.
Nuclear Deterrence: Indian perspective
- Nuclear deterrence can serve as a pillar of international security only in conjunction with negotiations and agreements on the limitation, reduction, and non-proliferation of nuclear weapons.
- Without them, deterrence fuels an endless arms race, while any serious crisis between the great powers will bring them to the brink of nuclear war.
- India believes that nuclear weapons are political weapons, not weapons of war fighting.
- Their sole purpose is to deter the use and threat of use of nuclear weapons.
Way forward
- Nuclear deterrence is not just a Cold War term but is extremely valid in a post-Cold War scenario.
- It is used by countries as a bargaining chip to deter nuclear retaliation by other countries.
- However, it should be noted that nuclear deterrence is not the only answer to security problems and its application can be enhanced by using other strategies such as peace talks and confidence-building measures.
Editorial 2: Should the age of consent be revised in India?
Context
- The Bombay High Court recently discussed the possibility of reducing the age of consent for sexual relationships in India, given the increase in adolescents facing prosecution under the Protection of Children from Sexual Offences (POCSO) Act for consensual relationships with minors.
Age of Consent
- The age of consent for sex in India is 18 under the POCSO Act.
- Consent given by a girl aged below 18 is not regarded as valid and sexual intercourse with her amounts to rape.
Issues with such consent
- Consent is ignored: It thus opens the accused up to stringent punishment.
- Child abuse charges are ruled out: There have been several instances when the courts have quashed criminal proceedings of rape and kidnapping.
- Misuse of the provision: The court is often convinced that the law is being misused to suit one or the other party.
Judicial interpretations for lower age of consent
- In 2021, in the Vijaylakshmi vs State Rep case, the Madras High Court, while dismissing a POCSO case, said the definition of ‘child’ under Section 2(d) of the POCSO Act can be redefined as 16 instead of 18.
- The court suggested that the age difference in consensual relationships should not be more than five years.
- This, it said, will ensure that a girl of an impressionable age is not taken advantage or duped sexually of by a person who is much older.
Policy measures so far
- A parliamentary committee is looking into the Prohibition of Child Marriage (Amendment) Bill, 2021 which seeks to increase the minimum age of marriage for women to 21 years.
- Rights activists feel instead of helping the community, raising the age may force vulnerable women to remain under the yoke of family and social pressures.
Suggestions
- The debate should consider an integrated and holistic approach, considering factors such as cognitive capacity, psycho-social maturity, emotional development, and even economic aspects.
- There is a need for an alternative approach to measuring consent before cases go to trial.
- A suggestion was made to involve social workers or support persons to interact with the involved adolescents when a report is made, rather than the police conducting interviews immediately.
- This would help determine if the sexual activity was consensual and if it was exploitative or non-exploitative.
- While setting an age of consent might be necessary for legal convenience, it is crucial to recognize the fluidity of consent and individual capacity to give it. One way to address this could be having different ages of consent for various activities.
- Alongside this, implementing guidelines and measures of accountability in the legal system can help ensure fair treatment.
- To progress towards a better understanding of consent, it is essential to conduct studies on the sexual practices of adolescents, their impact, and the social norms around sex and sexuality that influence their decisions.
- Additionally, research is required to differentiate between various circumstances and situations involving minors, and whether the age of consent should be lowered to 16, as it was prior to the POCSO Act.
Conclusion
- In conclusion, the debate around the age of consent in India should involve a comprehensive and context-sensitive approach, considering various factors that influence adolescents’ decision-making, and prioritizing the protection of children while not criminalizing consensual activities.
