THE INTERNATIONAL RELATIONS

1. INDIA-CENTRAL ASIA DIALOGUE

THE CONTEXT: The 3rd meeting of the India-Central Asia Dialogue was held under the chairmanship of the External Affairs Minister of India. Ministers of Foreign Affairs of the Republic of Kazakhstan, Kyrgyz Republic, Republic of Tajikistan, Turkmenistan, and the Republic of Uzbekistan took part in the meeting.

IMPORTANT OUTCOMES OF THE MEETING

During Pandemic: 

• The Ministers expressed satisfaction at the ongoing Central Asia-India cooperation in the fight against Covid-19 pandemic. The Foreign Ministers of Central Asian countries appreciated India’s assistance in supply of vaccines and essential medicines during their early stage of fight against Covid-19.

INSTC Corridor: 

• The Ministers emphasized on optimum usage of the International North-South Transport Corridor (INSTC) as well as Ashgabat Agreement on International Transport and Transit Corridor to enhance connectivity between India and the Central Asian countries. They stress that connectivity initiatives should be based on the principles of transparency, broad participation, local priorities, financial sustainability and respect for sovereignty and territorial integrity of all countries.
• They welcomed the proposal to include Chabahar Port within the framework of INSTC and expressed interest in cooperation on issues related to the development and strengthening of regional connectivity in Central and South Asia. In this regard, the Ministers noted the outcomes of the High-Level International Conference “Central and South Asia: Regional Connectivity; Challenges and Opportunities”. 

INSTC CORRIDOR 

Defence and Security:

• The Ministers emphasized that interaction in the fields of defence and security constitutes an important element of India- Central Asia cooperation. In this regard, they noted the importance of holding regular consultations among the National Security Councils of India and the Central Asian countries in the fight against terrorism and other emerging challenges in the region.
• The Ministers condemned terrorism in all its forms and manifestations and reiterated that providing safe haven, using terrorist proxies for cross-border terrorism, terror financing, arms and drugs trafficking, dissemination of a radical ideology and abuse of cyber space to spread disinformation and incite violence, goes against the basic principles of humanity and international relations. They stressed that perpetrators, organizers, financiers and sponsors of terrorist acts must be held accountable and brought to justice in accordance with principle of “extradite or prosecute”. In this context, they called for early adoption of the UN Comprehensive Convention on International Terrorism. They called on the international community to strengthen UN-led global counter-terrorism cooperation and fully implement the relevant UNSC resolutions, Global Counter-Terrorism Strategy and FATF standards.

Afghan Crisis: 

• The sides discussed the current situation in Afghanistan and its impact on the region. The Ministers reiterated strong support for a peaceful, secure and stable Afghanistan while emphasizing the respect for sovereignty, unity and territorial integrity and non-interference in its internal affairs. They also discussed the current humanitarian situation and decided to continue to provide immediate humanitarian assistance to the Afghan people. The Ministers reaffirmed the importance of UNSC Resolution 2593 (2021) which unequivocally demands that Afghan territory not be used for sheltering, training, planning or financing terrorist acts and called for concerted action against all terrorist groups.

Climate Change: 

• The Ministers expressed appreciation for support to each other in the UN and other multilateral fora including SCO, CICA etc. India highlighted the role of “International Solar Alliance (ISA)” initiative in collective, rapid and massive deployment of solar energy for effective implementation of the Paris Agreement. India also underlined the role of “Coalition for Disaster Resilient Infrastructure (CDRI)” in promoting disaster resilient infrastructure for reducing economic losses and improving the well-being of communities in the face of calamities. India looked forward to Central Asian countries joining the ISA and CDRI.
• The Ministers of Foreign Affairs of Central Asian countries reiterated support of their countries for permanent membership of India in an expanded and reformed UN Security Council. They welcomed the ongoing non-permanent tenure of India in the UNSC and its priorities.
• The Minister of Foreign Affairs of Tajikistan informed about their proposal to convene the Second High-Level International Conference on the International Decade for Action “Water for Sustainable Development”, 2018-2028 from 6-9 June 2022 in Dushanbe that will be part of the preparatory process for the UN Conference on the Midterm Comprehensive Review of the Implementation of the Objectives of the Water Decade in 2023 in New York.

THE ENVIRONMENT AND ECOLOGY

2. INDIA DOESN’T HAVE ENOUGH AIR QUALITY MONITORS

THE CONTEXT: According to researchers, with its size, population and aggravating air pollution, India needs 1,600 to 4,000 air quality monitors but has only 804 as of September 2021, most of which are concentrated in urban areas.

THE EXPLANATION: 

• India has nine of the 10 most polluted cities in the world, but with 200 particulate matter 2.5 monitoring sites in operation during the 2010-2016 period, India’s air quality monitor density – about 0.14 monitors per million people – is below China (1.2), the United States of America (3.4), Japan (0.5) and Brazil (1.8), according to research from 2019.
• As a consequence, India does not accurately know the spread of pollutants, including sulphur dioxide, nitrous dioxide, respirable PM 10, the finer particulate matter or PM 2.5, lead, carbon monoxide and ammonia. Chronic exposure to these pollutants contributes to the risk of developing ailments such as cardiovascular, respiratory diseases, as well as of lung cancer, according to the World Health Organization.
• Further, since existing air quality monitors are concentrated in urban areas, health and environmental authorities cannot assess the extent of air pollution in rural areas due to biomass, fuelwood, stubble burning and spraying of pesticides.

Real-time monitoring 

• Ambient air quality is monitored by observing pollutants, including sulfur dioxide, nitrogen dioxide, PM 10, PM 2.5, lead, carbon monoxide and ammonia, present in the air. Currently, the country’s clean air programme has set a tentative national target of 20%-30% reduction of air pollution in132 non-attainment cities by 2024, taking 2017 as the base year. The “non-attainment cities”, called so because they did not meet the national ambient air quality standards at the time, are required to formulate city-specific action plans in order to reduce air pollution. So, while the thrust is on the most-polluted cities, rural and semi-urban areas are not being fully monitored for want of monitors and protocols.
• In India, air quality has been traditionally monitored using manual readings. Data from 804 monitoring stations are used for monitoring ambient air quality. Even after the introduction of real-time monitors, the Central Pollution Control Board continues the practice of using data only from manual monitors to report compliance with air quality standards, according to a Centre for Science and Environment report from 2020.

There are 261 real-time monitors whose data are updated on the central database. This network is technically part of the National Air Quality Monitoring Programme but its data are stored and treated separately because Central Pollution Control Board has not established a method of equivalence between the two monitoring techniques, the 2020 Centre for Science and Environment report pointed out.

Monitoring stations needed 

• The minimum number of stations to monitor suspended particulate matter where the area’s population is less than 1,00,000 is four. The minimum number is three for sulphur dioxide, four for nitrous dioxide, one for carbon monoxide, according to Central Pollution Control Board guidelines for ambient air quality monitoring released in 2003. The number of monitors required increases with the population.
• India’s six megacities (Mumbai, Kolkata, Bengaluru, Chennai, Hyderabad, Delhi) need at least 23 to 44 air quality monitoring stations each, while the existing number of stations range between nine and 12 [excluding Delhi], according to the Centre for Science and Environment report from 2020.

Measuring pollutants 

• To address the data gaps in monitoring pollutants, India will require 1,600 monitors-4,000 monitors (1.2 monitors-3 monitors per million people), the Elsevier paper said, and warned that even at these densities, only relatively basic information on common air pollutants would be available more frequently, and would cover a relatively limited area.
• India has set aside a budget of Rs 470 crore for control of pollution in the financial year 2021-’22, which includes funding for its ambitious National Clean Air Programme. 

Value Addition:
National Air Quality Index (AQI)

• The AQI is an index for reporting daily air quality. It tells how clean or polluted the air is.
• The higher the AQI value, the greater the level of air pollution and the greater the health concern.
• Research studies have attributed the key sources of PM2.5 in summer to be: dust and construction activities (35%), transport sector (20%) and industry (20%).
• Would measure

1. Particulate Matter 2.5
2. Ozone
3. Carbon monoxide
4. Ammonia
5. Lead
6. Nitrogen oxide
7. Sulpher dioxide
8. PM 10

Six AQI categories

Centre-run System of Air Quality and Weather Forecasting and Research (SAFAR) 

• It was indigenously developed by Indian Institute of Tropical Meteorology, Pune.
• It is run by India Meteorological Department (IMD).
• The objective is to provide Real-time air quality index on 24×7 basis with colour coding along with 72-hour advance weather forecast.
• Another goal is to issue health advisory to prepare citizens well in advance.

Government Measurements: 

• Introduction of cleaner gaseous fuels like CNG, LPG etc, and ethanol blending.
• Banning the burning of biomass.
• Promotion of public transport network.
• Pollution Under Control Certificate.
• Issuance of directions under Air (Prevention and Control of Pollution) Act, 1981.
• Installation of on-line continuous (24×7) monitoring devices by 17 highly polluting industrial sectors.
• Regulating the bursting of pollution-emitting crackers.
• Notification of graded response action plan for Delhi identifying source wise actions for various levels of air pollution, etc.
• Leapfrogging from BS-IV to BS-VI standards for vehicles by 1st April 2020.

3. REINTRODUCTION OF GHARIALS

THE CONTEXT: After successfully reintroducing the critically endangered Gharial (Gavialis Gangeticus) in the rivers of Punjab where it had become extinct half a century ago, the State’s wildlife preservation wing is now keeping its fingers crossed, expecting the breeding of the crocodilians to start in the new few years as the released gharials are healthy and have adapted to the Beas Conservation Reserve as their home.
THE EXPLANATION: 

• The gharial reintroduction in the Beas Conservation Reserve is an ambitious programme of the Punjab government. The reptiles were commonly sighted in the Beas River till the 1960s but later became extinct. The gharial can be found in north Indian rivers like the Ganga, Yamuna, Chambal and their tributaries.

• Since 2017, 94 gharials released in the Beas Conservation Reserve and there have been only two causalities. These gharials have been dispersed both upstream and downstream of the release sites in the reserve and they can be spotted any time depending on the water levels and season, indicating that the first step of their rehabilitation has been successful. 
• According to Punjab wildlife officials, the next big challenge is their breeding. Once natural breeding of gharials starts it would then be a real success. Normally, expect the breeding to start after 10 years. The eldest of the reintroduced ghairals is seven years old now and we are hopeful that breeding could start in the coming three-four years. The habitat is conducive for egg-laying and hatching and we are taking all necessary steps to provide a safe environment predator. 
• In the first phase of the reintroduction project, 47 gharials were released in 2017-2018 in the river in Amritsar and Tarn Taran districts. Later, 23 gharials were released in February 2021 on an island near Saleempur and Tahli Forest in district Hoshiarpur. Most recently, in December 2021, another set of 24 gharials was released near the KullaFatta forests in the reserve in Hoshiarpur district.

Value Addition: 

• Gharials (or gavials) are a type of Asian crocodilian distinguished by their long, thin snouts.
• Crocodilians are a group of reptiles that includes crocodiles, alligators, caimans, and more.
• India has three species of Crocodilians namely:
            Gharial: IUCN Red List- Critically Endangered
            Mugger crocodile: IUCN- Vulnerable.
            Saltwater crocodile: IUCN- Least Concern. 
• All the three are listed on Appendix I of CITES and Schedule I of the Wildlife (Protection) Act, 1972. 
• However, Saltwater Crocodile populations of Australia, Indonesia and Papua New Guinea are included in Appendix II of CITES.
• Habitats include: Fresh waters of the northern India – Chambal river, Ghagra, Gandak river and the Sone river (Bihar).
• Population of Gharials is a good indicator of clean river water.

Habitat and Distribution 

• Primary habitat Chambal river and its prefers to live in riverine habitats with deep, clear, fast-moving water and steep, sandy banks.
• Deep pools, formed at sharp river bends are another preferred spot.
• They use sandy banks (at river’s edge or mid-river) and rocky outcrops for basking.

SECURITY

4. NEW GENERATION BALLISTIC MISSILE ‘AGNI P’ SUCCESSFULLY TESTED

THE CONTEXT: Defence Research and Development Organisation (DRDO) successfully tested the new generation nuclear capable ballistic missile ‘Agni P’ from Dr APJ Abdul Kalam island off the coast of Odisha.

THE EXPLANATION:

• The Agni P is a two-stage canisterised solid propellant ballistic missile with dual redundant navigation and guidance system. This second flight-test has proven the reliable performance of all the advanced technologies integrated into the system.
• Various telemetry, radar, electro-optical stations and down range ships positioned along the eastern coast tracked and monitored the missile trajectory and parameters. The missile followed text book trajectory meeting all mission objectives with high level of accuracy.

About Agni-V
Agni-V is an Indian nuclear-capable intercontinental ballistic missile (ICBM). It has been developed by the Defence Research and Development Organisation. Missile is having a range of around 5000 to 8000 km. It is a three-stage, solid-fuelled and road-mobile intercontinental ballistic missile. It is transported by a truck and launched using a canister.

Significance of Agni V
Agni V is used to enhance India’s nuclear deterrence against China. Earlier, the longest-range missile in India was Agni-III, which had the range of 3000–3500 km. This range was not sufficient to reach targets eastern and north-eastern region of China. Thus, DRDO was working on the upgraded version of this missile called Agni-V.

What is Ballistic Missile? 

• A ballistic missile follows a ballistic trajectory to deliver one or more warheads on a predetermined target.
• A ballistic trajectory is the path of an object that is launched but has no active propulsion during its actual flight (these weapons are guided only during relatively brief periods of flight).
• Consequently, the trajectory is fully determined by a given initial velocity, effects of gravity, air resistance, and motion of the earth (Coriolis Force).

Types of ballistic missiles based on the range 

• Short-range (tactical) ballistic missile (SRBM): Range between 300 km and 1,000 km.
• Medium-range (theatre) ballistic missile (MRBM): 1,000 km to 3,500 km.
• Intermediate-range (Long-Range) ballistic missile (IRBM or LRBM): 3,500 km and 5,500 km.
• Intercontinental ballistic missile (ICBM): 5,500 km +.

What is the difference between ballistic and cruise missiles 

THE PRELIM PRACTICE QUESTION

Q1. ‘Nord Stream’ sometimes seen in the news is a natural gas pipeline between which of the following countries?

                        A) Russia and Germany

B) Germany and U.K.

C) K. and France

D) Germany and Sweden

FOR 18TH DECEMBER 2021 PRELIMS PRACTICE QUESTIONS

Answer: B

Explanation:

• Statement 1 is incorrect: Competition Commission of India is a statutory body established under Competition Act, 2002.

Statement 2 is correct: It consists of a chairperson and 6 Members.

1. Value probity and decency in public life READ MORE
2. Be Curious, Not Furious READ MORE

1. Thar desert expanding fast with land degradation, finds study READ MORE
2.  In Punjab, sacred forests are shrinking due to encroachments and invasive species READ MORE  

1. On the freedom of speech, expression READ MORE
2. Is the Controversy Over NDPS (Amendment) Act, 2021 a Storm in a Teacup? READ MORE
3. Value probity and decency in public life READ MORE

1. Age and marriage: On raising the age of marriage for women READ MORE
2. Why India’s Time to Tackle Inequality is Now READ MORE
3. Explained | Is raising marriage age enough to help girls? READ MORE

(Newspapers, PIB and other important sources)

Prelim and Main

1. PM lays the foundation stone of Ganga Expressway READ MORE
2. New generation ballistic missile ‘Agni P’ successfully test-fired by DRDO READ MORE
3. India doesn’t have enough air quality monitors to show the true extent of pollution in the country READ MORE
4. Joint Statement of the 3rd meeting of the India-Central Asia Dialogue READ MORE
5. Explained: Goa Liberation Day READ MORE
6. Reintroduced gharials thriving in Beas reserve: experts READ MORE

Main Exam    

GS Paper- 1

1. Explained | Is raising marriage age enough to help girls? READ MORE
2. Thar desert expanding fast with land degradation, finds study READ MORE

GS Paper- 2

POLITY AND GOVERNANCE

1. On the freedom of speech, expression READ MORE
2. Is the Controversy Over NDPS (Amendment) Act, 2021 a Storm in a Teacup? READ MORE
3. Value probity and decency in public life READ MORE

SOCIAL ISSUES AND SOCIAL JUSTICE

1. Age and marriage: On raising the age of marriage for women READ MORE
2. Why India’s Time to Tackle Inequality is Now READ MORE

INTERNATIONAL ISSUES

1. Explained | Understanding the U.S. strategy of ‘Asia Pivot’ READ MORE
2. China: A nemesis that NATO wouldn’t want READ MORE

GS Paper- 3

ECONOMIC DEVELOPMENT

1. MSP for all crops is fiscally unfeasible READ MORE
2. Leverage WTO to reform the MSP regime READ MORE
3. A global summit on inequality needed READ MORE

ENVIRONMENT AND ECOLOGY

1.  In Punjab, sacred forests are shrinking due to encroachments and invasive species READ MORE  

SECURITY

1. National security, at the cost of citizens’ privacy READ MORE
2. Defence reforms stand at the crossroads READ MORE

GS Paper- 4

ETHICS EXAMPLES AND CASE STUDY

1. Value probity and decency in public life READ MORE
2. Be Curious, Not Furious READ MORE

Questions for the MAIN exam

1. Laws cannot be a short cut in the path to social reform. With reference to this statement, critically evaluate the government decision to raise the minimum marriage age of women to 21 years.
2. ‘The Official Secrets Act is not to protect secrets, it is to protect officials’. Critically examine with relevant examples.
3. ‘Democracies have their weaknesses. But over the years, they have proved to be far more resilient than authoritarian regimes’. Explain.

QUOTATIONS AND CAPTIONS

• The very substance of the ambitious is merely the shadow of a dream.
• Focus must be on creating social awareness about women’s reproductive health and rights.
• Laws cannot be a short cut in the path to social reform.
• The JPC report and the Data Protection Bill, 2021 protect the government instead of the personal data of Indian citizens.
• The Official Secrets Act is not to protect secrets, it is to protect officials.
• MSP for all crops is fiscally unfeasible, it may be better to use an income policy to directly transfer money into farmers’ accounts.
• WTO reform on the MSP regime in India’s own interest to phase out free supply electricity and water and focus on productivity boosting infrastructure.
• Democracies have their weaknesses. But over the years, they have proved to be far more resilient than authoritarian regimes. So, all those who value their rights and freedoms must abide by constitutional duties.
• The right has been provided for in the Constitution, but it comes with responsibilities. It is to be exercised under reasonable restrictions.
• The present highly unequal economic path led by crony capitalism and following the United States model cannot meet the needs of all citizens sustainably.
• The next Global Summit should be about how to tackle inequalities.

50-WORD TALK

• Unlike the 1986 Goldwater-Nichols Act, through which the unified combatant commands were created for the Americans, the act of integrating India’s three services was not legislated and only a person like General Rawat could have done it. This does not absolve the political setup of its responsibilities. But in the absence of a legislative Act of Parliament, only a resolute mind and personality could bring about the changes that have now germinated.

Things to Remember:

• For prelims-related news try to understand the context of the news and relate with its concepts so that it will be easier for you to answer (or eliminate) from given options.
• Whenever any international place will be in news, you should do map work (marking those areas in maps and also exploring other geographical locations nearby including mountains, rivers, etc. same applies to the national places.)
• For economy-related news (banking, agriculture, etc.) you should focus on terms and how these are related to various economic aspects, for example, if inflation has been mentioned, try to relate with prevailing price rises, shortage of essential supplies, banking rates, etc.
• For main exam-related topics, you should focus on the various dimensions of the given topic, the most important topics which occur frequently and are important from the mains point of view will be covered in ED.
• Try to use the given content in your answer. Regular use of this content will bring more enrichment to your writing.

[WpProQuiz 117]

The context: There is no comprehensive anti-discrimination law covering the entire country. The constitutional provisions generally view discrimination from a state-citizen perspective. But this approach does not take into account the discriminatory actions of private individuals. Also, the existing legal framework falls short of ensuring justice to the survivors of discrimination as seen during the Covid 19 pandemic. In mid-2021, many state governments brought draft anti-discriminatory bills to deal with the problems of discrimination faced by people. In this context, the write-up analyses the need for pan-Indian anti-discriminatory legislation.

                                                WHAT IS AN ANTI-DISCRIMINATION LAW?

Discrimination means unfair treatment due to a person’s race, caste, religion, gender, or other identity markers.  Thus, an anti-discrimination law or non-discrimination law or equality law (here and after “law”) means a legislation aimed at preventing discrimination against people based on their personal characteristics. The pith and substance of these laws are twofold. One is the vesting of the right against discrimination on the basis of protected characteristics such as race, religion, ethnicity, sexual orientation, and gender, among others. The second is the imposition of civil liabilities on persons for engaging in unlawful discrimination. Such laws concretises or give substance to the notion of equality mentioned in the Constitution without which the rights given therein will remain a myth. Thus, the philosophy of the law is to bring an egalitarian society in its widest sense and purpose of the term by establishing a comprehensive anti-discriminatory legal-institutional ecosystem.

WHAT IS THE NEED FOR AN ANTI-DISCRIMINATION LAW IN INDIA?

Structural discrimination: More than 70 years after Independence, our society remains rife with structural discrimination. These prejudices pervade every aspect of life, from access to basic goods, education, and employment, etc. Cases of discrimination continue to be witnessed. They are frequently directed against Dalits, Muslims, Women, Persons of different sexual orientations, ‘Hijras’, persons with disabilities, persons from the North-Eastern States, unmarried couples, and non-vegetarians, among others. Mob lynching, hate speech, communal polarisation, etc are the results of such discriminatory practices. Today there are multiple sources of discrimination that go beyond what is provided in the Constitution.

Discrimination by Private Parties: The Right to Equality under the Constitution prevents the state from discriminating against persons on various grounds. But it is silent on the discrimination practiced by private individuals and organization although Art 15(2) and 17 deal with this aspect but its enforceability and effectiveness has been poor (Art 15 (2) prohibits discrimination on religion, race, caste, etc from accessing shops, hotels, places of public entertainment, wells, tanks, etc.) There is no legal recourse in India if citizens have been discriminated against by private entities such as service providers, landlords, housing societies, employers, educational institutions, retailers, etc. The law would give birth to positive duties of every organisation to make such policies, which make diversification and anti-discrimination mandatory.

Global Examples: India is unique among democracies in that a constitutional right to equality is not supported by comprehensive legislation. In South Africa, for example, a constitutional guarantee is augmented by an all-encompassing law that prohibits unfair discrimination not only by the government but also by private organisations and individuals.

Growing public demand: Beginning from the Sachar committee recommendation for such a law, there have been a few efforts to this end in recent times. Shashi Tharoor introduced a private member’s bill in 2017, while the Centre for Law & Policy Research drafted and released an Equality Bill last year. These attempts recognize that our civil liberties are just as capable of being threatened by acts of private individuals as they are by the state.

Existing laws not enough: The existing laws cover only the major areas of discrimination, like untouchability, sexual harassment at the workplace, etc.(Read Ahead) The questions of many vulnerable groups remain unanswered. For example, why are some minorities or homosexuals not taken as workers by the private landowners? Why does a discriminatory mindset exist regarding someone’s marital status, disability, sexuality, or food habits?

Empirical Evidence: We encounter so many situations every day where someone is refused accommodation because he is a Dalit, or a Muslim, or a Homosexual. NGOs, clubs, schools, colleges, hospitals, no such institution is completely free from this evil. Even sports are not immune from this problem as a famous Indian cricketer pointed out how players from the south faced racial discrimination while playing in the north. During the Covid 19, Sex workers and healthcare workers have been facing stigma and harassment for being carriers of the virus. In Pune, 22 members of staff of a multi-specialty hospital were forced to vacate their accommodation as they had treated a Covid-19-positive and were thought to be infected. Nurses working at Victoria Hospital in Bengaluru were evicted from their paying guest accommodations based on the perception that they are infected with the coronavirus.

Human rights and SDGs: The UN Human Rights Council’s Universal Periodic Review of India in 2017 has commended that India needs to strengthen its national framework to reduce all kinds of discrimination and to promote and protect the human rights of all its citizens in an inclusive manner, to fulfill the Sustainable Development Goal 10 of reducing inequality and discrimination.

WHAT HAS BEEN THE RESPONSE OF THE GOVERNMENT OF INDIA?

The Sachar Committee Report, 2006 had recommended taking legislative measures to counter discrimination, especially by setting up an Equal Opportunity Commission.  The Central Government subsequently set up the Expert Group on Equal Opportunity Commission under the chairmanship of Prof.  N. R Madhava Menon to look into the question of framing legislation to implement the recommendations of the Sachar Committee. The Group drafted The Equal Opportunity Commission Bill, 2008 to meet this aim. While the draft Bill was criticized by scholars for having vague and ineffective provisions, it nevertheless provided a boost to the campaign for an equality law in India. The United Progressive Alliance Government did not expedite the legislative process in enacting an anti-discrimination law. The Union Cabinet belatedly approved setting up an Equal Opportunity Commission in February 2014. However, a few weeks later with the change in Government post the Lok Sabha elections, the Bill was more or less ignored. The Private Member Bill of Dr. Tharoor also lapsed after the dissolution of the 16^th Lok Sabha as the treasury benches displayed no interest in taking the bill forward.

INTERNATIONAL MODEL: THE U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

The U.S. Equal Employment Opportunity Commission (EEOC) is responsible for enforcing federal laws that make it illegal to discriminate against a job applicant or an employee because of the person’s race, color, religion, sex (including pregnancy, transgender status, and sexual orientation), national origin, age. The U.S. Equal Employment Opportunity Commission (EEOC) is a bipartisan Commission comprised of five presidentially appointed members. It enforces the “Notification and Federal Employee Antidiscrimination and Retaliation Act (No FEAR) 2002” which aims to ensure that all Federal employees feel free to come forward with allegations of discrimination, wrongdoing, or misconduct, by making sure that Federal employees are aware of their rights. This law aims to increase the accountability of federal agencies for acts of discrimination and reprisal. This protection covers the full spectrum of employment decisions, including recruitment, selections, terminations, and other decisions concerning terms and conditions of employment. The EEOC also enforces the Civil Rights Act 1964, Equal Pay Act, The Age Discrimination in Employment Act of 1967, among others.

WAY FORWARD

Leadership by States: State legislations are contributing to the discourse on anti-discrimination law. In 2021, seven states like Kerala, Tamil Nadu, Rajasthan, West Bengal, etc have come out with draft bills on this subject. The Centre can take a leaf out of this and make a comprehensive law and establish an Equal Opportunity Commission. This is vital as the states cannot legislate in subjects in Union List.

Ensuring Effective Implementation of existing laws: There are few laws and IPC provisions dealing with anti-discrimination in India. For instance, Equal Remuneration Act, 1976 – Guarantees equal pay for equal work to men and women. Indian Penal Code, 1860 (Section 153 A)- Criminalises the use of language that promotes discrimination or violence against people on the basis of race, caste, sex, place of birth, religion, gender identity, sexual orientation, or any other category. Mental Healthcare Act, 2017 – Prohibits the denial or refusal to access mental healthcare facilities or services for people on the basis of race, caste, religion, place of birth, sex, gender identity, sexual orientation, disability, or any other category.

Conducting a Caste Census: A comprehensive socio-economic caste census needs to be conducted as it would provide an empirical basis for lawmaking as there exists a strong link between caste, discrimination, and privilege in Indian society.

Fundamental Changes in the socialization process: Discrimination is as much a social problem as it is legal. A law may not solve the discrimination unless the social mores changes which must discard discrimination.

Constitutional morality and Judicial intervention: The judiciary has employed the concept of constitutional morality to end many discriminatory practices in Indian society including those based on sex, gender, etc. The apex court needs to nudge or persuade the representative institutions through “judicial dialogue” to facilitate the process of ending discrimination either overt or covert.

CONCLUSION: Equality of opportunity given in the Constitution remains a myth despite 70 years of independence. This is the context of demand for an anti-discrimination law. There are committee and commission reports as also growing public demands for the same. The Parliament and the executive need to seriously consider enacting a comprehensive anti-discrimination law to further substantive equality and also to give concrete shape to its international commitments.

Questions:

1. For substantial equality in India, constitutional equality must be complemented by a comprehensive anti-discrimination law. Examine.
2. Anti-discrimination law is not a panacea for the problems of inequality and social prejudice that are deeply rooted in Indian society. Nevertheless, it is a necessary step — an idea whose time has come. Critically Analyse.

ADD TO YOUR KNOWLEDGE

KERALA ANTI-DISCRIMINATION AND EQUALITY BILL, 2021

The Bill prohibits employers, landlords, traders, service providers, private persons performing public functions, and public authorities, from discriminating on grounds of caste, race, ethnicity, descent, sex, gender identity, gender expression, pregnancy, sexual orientation, religious identity, tribe, disability, linguistic identity, HIV-status, nationality, marital status, dietary preference, skin tone, physical appearance, place of residence, place of birth, age or analogous characteristics which are beyond the control of an individual or those that constitute a fundamental choice. At the same time, the Bill balances the anti-discrimination mandate with other rights guaranteed by the Constitution. The anti-discrimination mandate can be restricted in pursuance of a legitimate objective: for instance, a drama company putting up a production of the Ramayana can insist on only male applicants for the role of Ram. That would not be discrimination in the terms covered by the law.

The Bill also introduces affirmative-action provisions whereby public authorities are obliged to progressively realise the diversification of their workforces by recruiting members of disadvantaged sections excluded from society, such as transgender persons or persons with disabilities. Given the backlogs in our judicial system, the Bill establishes a ‘Kerala Equality Commission’ to adjudicate complaints and to provide policy recommendations to the State government. Given that the proliferation of post-retirement public offices for judges does not augur well for judicial independence, the proposed commission does not follow the tried and tested model of former judges presiding over statutory bodies. Rather, appointments to the Commission are left to the political process, with substantial weightage given to the largest parties in the State, both in the Treasury and Opposition benches, to ensure bipartisan buy-in to the process.

The Bill has been forwarded both to the Law Minister of Kerala and the Leader of the Opposition with the suggestion that it should be subjected to a pre-legislative consultation process, so that democratic participation in enacting this historic law is encouraged If this Bill is enacted, it will be the largest expansion of civil rights in the State since the commencement of the Constitution, and it can be a model for other states to follow.