THE INDIAN POLITY AND GOVERNANCE

1. EXPLAINED: WHAT IS THE FLAG CODE AND HOW HAS IT BEEN CHANGED RECENTLY?

• THE CONTEXT:The Flag Code of India, 2002 was amended vide Order dated December 30, 2021, and National Flag made of polyester or machine made flag have also been allowed. However, the Union Government’s recent move to amend the National Flag Code, allowing polyester and imported cloth, has come as a shocker to many.
  THE EXPLANATION:
  • The use, display and hoisting of the National Flag in the country is guided by an overarching set of instructions called the ‘Flag Code of India 2002’. It brings together all laws, conventions, practices, and instructions for the display of the National Flag. It governs the display of the National Flag by private, public, and government institutions.
  • The Flag Code of India took effect on January 26, 2002. As per Clause 2.1 of the Flag Code of India, there shall be no restriction on the display of the National Flag by members of the general public, private organizations, educational institutions etc. consistent with the dignity and honour of the National Flag.
  Why is it being criticised?
  As per rule 1. 2 of part 1 of the Flag code of India 2002, only khadi or hand-spun cloth was the material for the flag. Use of other material was punishable. But the recent amendment has changed it to “The National Flag shall be made of hand spun and hand woven or machine made, cotton, polyester, wool, silk khadi bunting.” That means machine made polyester that is made in India or imported from elsewhere can now be used for the tricolour.
  What do khadi weavers have to say?
  • A section of Khadi weavers and activists have launched an agitation to protest the amendment. A nationwide protest has been called by the Karnataka Khadi GramudyogSamyukta Sangha (KKGSS) — a unit that spins the fabric used to make the National Flag, which has now paused operations in the wake of the move.
  • KKGSS, which claims to be the only BIS approved khadi unit for the material used to make the Tricolour, say they used to get orders worth Rs 3-4 crore every year in the run up to the Independence Day, but this year, in the wake of the amendment, the demand has been abysmal.
  • The unit became unique as a manufacturing centre for the National Flag in 2006, when it was accredited with ISI certification and an authorisation to sell the National Flag throughout the country. The Khadi and Village Industries Commission certified KKGSS as the sole manufacturer and supplier of the Tricolour to the entire country.
  VALUE ADDITION:
  Flag Code of India 2002’
  1.The National Flag shall be made of hand spun and hand woven wool/cotton/ silk/khadi bunting.
  2. The colour of the top panel of the flag shall be Indian saffron and that of the bottom panel shall be India green. The middle panel shall be white, bearing at its centre and design of Ashoka Chakra in navy blue colour with 24 equally spaced spokes.
  3. The Ashoka Chakra shall preferably be screen printed or otherwise printed or stencilled or suitable embroidered and shall be completely visible on both the sides of the flag in the centre of the white panel.
  4. The National Flag of India shall be rectangular in shape.
  5. The flags of 450×300 mm size are intended for the aircrafts on VVIP flights, 225×150 mm size for motor cars and 150×100 mm size for the table flags.
  6. There shall be no restriction on the display of the National Flag by the private organisations, educational institutions and members of the general public etc. except to the extent provided in the Emblems and Names (Prevention of Improper Use) Act,1950 and National Honour Act, 1971.
  7. The flag shall not be used for commercial purposes in violation of the Emblems and Names (Prevention of Improper Use) Act, 1950.
  8. The flag should be displayed in open and should be as far as possible, be flown from sunrise to sunset.
  9. The flag shall not be intentionally allowed to touch the ground or trail in the water.
  10. The flag shall not be dipped in salute to any person or thing.
  11. The flag shall not be used as a portion of costume or uniform of any description nor shall it be embroidered or printed upon cushions, handkerchiefs, napkins or any dress material.
  12. Advertisement/Notification/Lettering of any kind should not be put upon the flag.
  13. The flag shall not be used as a covering for the statue /monuments/building etc.
  14. The flag shall not be used as a receptacle for receiving, delivering, holding or carrying anything.
  15. The flag made of paper may be hoisted by public on the occasions like national, cultural and sports events. But paper flags should not be discarded or thrown on the ground after the event.
  16. The flag shall not be intentionally displayed with the “Saffron” down.
  17. A member of the private, public organisation or an educational institution may hoist/display the National Flag on all days and occasions or otherwise with dignity and honour of the National Flag.
  18. No other flag should be placed higher than or above or side by side with the National Flag.
  19. A damaged or dirty flag should not be displayed.
  20. A damaged and soiled National Flag shall be destroyed in a private ceremony preferable burning or by any other dignified manner.

THE HEALTH ISSUES

2. KERALA REPORTS INDIA’S FIRST MONKEYPOX CASE

• THE CONTEXT:The first case of monkeypox was confirmed in India on July 14,2022 after a person who had returned to Kerala from abroad developed symptoms of the disease.
  THE EXPLANATION:
  According to Kerala Health Minister, the infection was diagnosed in a person who had returned from the United Arab Emirates three days ago and had come into contact with another confirmed case in the UAE. The person’s samples were tested at the National Institute of Virology in Pune, which confirmed monkey pox.
  Monkeypox
  Monkeypox is a viral zoonotic disease with symptoms similar to smallpox, although with less clinical severity. The CDC’s monkeypox overview says the infection was first discovered in 1958 following two outbreaks of a pox-like disease in colonies of monkeys kept for research — which led to the name ‘monkeypox’.
  How it spread?
  Monkeypox spreads in different ways. The virus can spread from person-to-person through:
  • direct contact with the infectious rash, scabs, or body fluids
  • respiratory secretions during prolonged, face-to-face contact, or during intimate physical contact, such as kissing, cuddling, or sex
  • touching items (such as clothing or linens) that previously touched the infectious rash or body fluids
  • pregnant people can spread the virus to their fetus through the placenta
  What are the key symptoms of monkeypox?
  • According to the US Centers for Disease Control and Prevention (CDC), monkeypox begins with a fever, headache, muscle aches, back ache, and exhaustion. It also causes the lymph nodes to swell (lymphadenopathy), which smallpox does not.
  • The World Health Organisation underlines that it is important not to confuse monkeypox with chickenpox, measles, bacterial skin infections, scabies, syphilis and medication-associated allergies.
  How long does it take for symptoms to show after infection?
  • Monkeypox is usually a self-limiting disease with symptoms lasting from two to four weeks. The incubation period (time from infection to symptoms) for monkeypox is usually 7-14 days but can range from 5-21 days.
  • The Health Ministry notes that the period of communicability is “1-2 days before the rash until all the scabs fall off/get subsided”.
  How does the disease progress?
  • The disease goes through four different phases. The first invasion period, which is between 0-5 days, is characterised by fever, headache and lymph node swelling.
  • The swelling of the lymphnodes is one of the characteristic features of monkeypox and is not observed in similar rash causing diseases like measles and chickenpox.
  What is the treatment?
  • There is no proven treatment for monkeypox yet. The WHO recommends supportive treatment depending on the symptoms. Those infected are advised to isolate immediately.
  • According to the Ministry of Health guidelines on supportive management of monkeypox, skin rashes should be cleaned with simple antiseptic, and covered with light dressing in case of extensive lesions. Oral ulcers should be managed with warm saline gargles
  • Doctors say monkeypox is a very well-understood condition that can be managed efficiently with available clinical remedies.

THE SOCIAL ISSUES AND SOCIAL JUSTICE

3. HOW MUCH ALCOHOL IS UNSAFE, BASED ON AGE: THE LANCET STUDY

• THE CONTEXT:Young people face higher health risks from alcohol consumption than older adults, according to a new analysis published in The Lancet.
  THE EXPLANATION:
  The analysis from the Global Burden of Disease is the first study to report alcohol risk by geographical region, age, and sex. Using estimates of alcohol use in 204 countries, researchers calculated that 1.34 billion people (1.03 billion males and 0.312 billion females) consumed harmful amounts in 2020.
  Higher risk under 40
  • The analysis found males between ages 15-39 at the greatest risk of harmful alcohol consumption. In every region, males in this age group comprised the largest segment of the population drinking unsafe amounts. Among people who consumed unsafe amounts in 2020, 59.1% were in the 15-39 age group, and 76.7% of these were male.
  • In this age group, the analysis found no health benefits to drinking alcohol, only health risks, with 60% of alcohol-related injuries occurring among this segment, including motor vehicle accidents, suicides, and homicides.
  • In India, 1.85% females and 25.7% males in the 15-39 age group consumed unsafe amounts of alcohol in 2020. This was lower than 1.79% females and 23% males in the 40-64 age group who consumed unsafe amounts.
  • For adults over age 40, too, health risks vary by age and region. However, the authors note that consuming a small amount of alcohol (for example, between one and two 3.4-ounce glasses of red wine) can provide some health benefits for people in this age group, such as reducing the risk of cardiovascular disease, stroke, and diabetes.
  • According to doctors, “Our message is simple: young people should not drink, but older people may benefit from drinking small amounts. While it may not be realistic to think young adults will abstain from drinking, we do think it’s important to communicate the latest evidence so that everyone can make informed decisions about their health” .
  ALL FOR NEW GUIDELINES
• The authors suggested that global alcohol consumption recommendations should be based on age and location, with the strictest guidelines targeted toward the 15-39 age group. They stressed that the consumption level recommended by many existing guidelines is too high for young people in all regions.
• How much to drink
  • The study also estimates how much alcohol a person can drink before taking on excess risk to their health, compared to someone who does not drink any alcohol.
  • AGE 15-39: For this group, the recommended amount of alcohol before risking health loss was 0.136 standard drinks per day (standard drink defined in box). That amount was slightly higher for females at 0.273 drinks per day.
  • AGE 40-64: For those without underlying health conditions, safe alcohol consumption levels ranged from about half a standard drink per day (0.527 for males and 0.562 for females) to almost two standard drinks per day (1.69 for males and 1.82 for females).
  • AGE 65 & OVER: A little more than three standard drinks per day (3.19 drinks for males and 3.51 for females).
  VALUE ADDITION:
  WHO GUIDELINES:
  The global strategy focuses on ten key areas of policy options and interventions at the national level. The ten areas for national action are:
  1. Leadership, awareness and commitment.
  2. Health services’ response.
  3. Community action.
  4. Drink-driving policies and countermeasures.
  5. Availability of alcohol.
  6. Marketing of alcoholic beverages.
  7. Pricing policies.
  8. Reducing the negative consequences of drinking and alcohol intoxication.

THE INTERNATIONAL RELATIONS

4. I2U2 LEADERS’ SUMMIT HIGHLIGHTS INVESTMENTS IN RENEWABLE ENERGY, FOOD PARKS IN INDIA

• THE CONTEXT:The first-ever meeting of I2U2 leaders focused on the food security crisis and clean energy. India, Israel, the US, and the UAE have committed to advance low-carbon industries and promote green tech.
  THE EXPLANATION:
  • The first-ever meeting of I2U2 leaders on July 14 was held virtually and focused on the food security crisis and clean energy. The four nations have been tightening their diplomatic and economic ties over the past few years.
  • The I2U2 nations (India, Israel, the US and the UAE) will advance a 300-megawatt (MW) hybrid renewable energy project in Gujarat while the UAE steps up its planned $2 billion investments into developing a series of integrated food parks across India, a joint statement issued after the inaugural summit of I2U2 leaders.
  • The I2U2 leaders have committed to advancing low-carbon industries and promoting the development of critical emerging and green technologies, all while ensuring near- and long-term food and energy security.
  • The Gujarat project will consist of wind and solar capacity complemented by a battery energy storage system and has ‘the potential to make India a global hub for alternate supply chains in the renewable energy sector’, the joint statement said.
  • The US Trade and Development Agency has funded a feasibility study for the $330 million project while UAE-based companies are exploring opportunities to serve as critical knowledge and investment partners, it added. India has committed to a goal of achieving 500 GW of non-fossil fuel capacity by 2030.The UAE is home to the International Renewable Energy Agency (IRENA) and the host of global climate change summit COP28 in 2023
  What is the aim of I2U2 grouping?
  • Its stated aim is to discuss “common areas of mutual interest, to strengthen the economic partnership in trade and investment in our respective regions and beyond”.
  • Six areas of cooperation have been identified by the countries mutually, and the aim is to encourage joint investments in water, energy, transportation, space, health, and food security. The press release added that with the help of “private sector capital and expertise”, the countries will look to modernise infrastructure, explore low carbon development avenues for industries, improve public health, and promote the development of critical emerging and green technologies.
  Significance of the initiative
  • I2U2 seeks to empower the partners and encourages them to collaborate more closely, resulting in a more stable region.
  • India is seen as a large consumer market as well as a large producer of high-tech and highly sought-after items in the United States.
  • This has led India to enhance its relationship with Israel without jeopardising its ties with the UAE and other Arab states.

THE GOVERNMENT POLICIES AND INTERVENTION

5. BETI BACHAO BETI PADHAO TO BE EXTENDED TO ALL DISTRICTS

• THE CONTEXT:According to guidelines issued by the Women and Child Development (WCD) Ministry, Beti Bachao Beti Padhao, the Centre’s flagship programme for women’s empowerment, which focuses on education of girl child and improving sex ratio, will now be extended across the country.
  THE EXPLANATION:
  • According to the guidelines, “The component will aim for zero-budget advertising and encouraging greater spend on activities that have on-ground impact…for promoting sports among girls, self-defence camps, construction of girls’ toilets, making available sanitary napkin vending machines and sanitary pads, especially in educational institutions, awareness.
  • According to the guidelines, the ministry has now targeted improvement in the Sex Ratio at Birth (SRB) by 2 points every year, improvement in the percentage of institutional deliveries at 95% or above, 1% increase in 1st Trimester ANC Registration per year, 1 per cent increase in enrolment at secondary education level and skilling of girls and women per year, to check dropout rate among girls at secondary and higher secondary levels and raising awareness about safe menstrual hygiene management.
  • The scheme will also look at increasing girls’ participation in sports by identifying talent and linking them with appropriate authorities under ‘Khelo India’.
  • The ministry also plans to strengthen One-Stop Centres (OSCs), set up to help women facing violence, including domestic violence and trafficking, by adding 300 OSCs in districts which either have a high rate of crimes against women or are geographically large, preferably in aspirational districts.
• The OSCs will be the mainstay of the ministry at the district level for coordination and convergence with other initiatives under Nirbhaya Fund — such as women’s helplines, Anti-Human Trafficking Units, women’s help desks, and special fast-track courts, District Legal Service Authority, etc.VALUE ADDITION:BETI BACHAO BETI PADHAO
  To Celebrate the Girl Child & Enable her Education
  The objectives of the Scheme are as under:
  • To prevent gender biased sex selective elimination
  • To ensure survival and protection of the girl child
  • To ensure education and participation of the girl child
  • To increase girl’s participation in the fields of sports
  Target
  BBBP scheme aims to achieve the following:
  • Improvement in the Sex Ratio at Birth (SRB) by 2 points every year,
  • Improvement in the percentage of institutional deliveries or sustained at the rate of 95% or above,
  • 1% increase in 1st Trimester ANC Registration per year, and
  • 1% increase in enrolment at secondary education level and skilling of girls/women per year.
  • To check dropout rate among girls at secondary and higher secondary levels.
  • Raising awareness about safe menstrual hygiene management (MHM)
  Target group
  • Primary : Young and newly married couples and expecting parents, Adolescents (girls and boys) and youth, Households and communities
  • Secondary : Schools and AWCs,  Medical doctors/ practitioners, private hospitals, nursing homes, diagnostic centres etc. Officials, PRIs/ULBs, frontline workers, Women Collectives and SHGs, civil society organizations, media, industry, religious leaders

6.THE PRADHAN MANTRI FASAL BIMA YOJANA (PMFBY)

• THE CONTEXT:The Union Agriculture Ministry announced that Andhra Pradesh has decided to rejoin the crop insurance scheme Pradhan Mantri Fasal Bima Yojana (PMFBY) from the ongoing kharif season. Andhra Pradesh was one of six states that have stopped implementation of the scheme over the last four years. The other five, which remain out, are Bihar, Jharkhand, West Bengal, Jharkhand, and Telangana.
  THE EXPLANATION:
  Why did these states opt out?
  ANDHRA PRADESH: The state left the PMFBY from rabi season 2019-20. Sources said the state had mentioned several reasons: that the scheme should be voluntary; those states should be given options to choose the risks covered; the scheme should be universal; the cut-off date for enrolment should be flexible; and fourth, the state should be given option to use their own database of E-crop, an application used by the state government to collect information about crops.
  BIHAR: The first state to opt out, from 2018-19, after implementing the scheme in 2016-17 (27.1 lakh farmers insured) and 2017-18 (23 lakh). Sources say there were main three reasons for the state’s decision.
  • First, the state wanted universal coverage.
  • Second, the state government wanted zero premium for farmers (meaning the entire premium should be paid by the government.) Under the PMFBY, a farmer is required to pay as premium 2% of the sum insured or actuarial rate, whichever is less, for all kharif foodgrain and oilseed crops; 1.5% of sum insured or actuarial rate, whichever is less, for all rabi food grain and oilseed crops; and 5% for horticultural crops. Sources said the Centre can not make farmers’ premium zero. However, states such as Haryana, Goa and Puducherry are paying farmers’ share from their own budget for selected crops.
  JHARKHAND: Jharkhand stopped implementing the scheme soon after the Centre revamped it in February 2020, effective from kharif 2020. Under the revised guidelines, “The non-payment of the State Share of premium subsidy within the prescribed timelines as defined in the seasonality discipline will lead to the disqualification of the State Government to implement the scheme in the next season.”
  • Sources said Jharkhand’s share of premium subsidy was overdue for 2018-19 and 2019-20. This was the main reason that Jharkhand opted out from 2020-21. Besides, there were other “operational challenges” and “political reasons”, the sources said.
  WEST BENGAL: Sources said the reason for West Bengal not implementing the PMFBY is purely “political”. The state wants to implement the scheme without mentioning Pradhan Mantri in the scheme’s name, which is not possible, sources said.
  • West Bengal implemented the scheme for three years from 2016-17 to 2018-19, covering 41.3 lakh farmers in 2016-17, 40.4 lakh in 2017-18, and 51.3 lakh in 2018-19.
  GUJARAT: Gujarat implemented the PMFBY from 2016-17 to 2019-20, covering 19.8 lakh farmers in 2016-17, 17.6 lakh in 2017-18, 21.7 lakh in 2018-19, and 24.8 lakh in 2019-20. Sources say, after the scheme was revamped, Gujarat invited tenders for three years in 2020 but insurance companies quoted a very high premium, and hence the state opted out.
  TELANGANA: Telangana too implemented the PMFBY for the initial four years, covering 9.7 lakh, 11 lakh, 8 lakh in 2018-19 and 10.3 lakh farmers in successive years before stopping in 2020-21. Sources said Telangana’s share of premium was overdue for 2018-19 and 2019-20, the main reason why it did not notify the scheme for 2020-21.
  • The Agriculture Ministry is in talks with the state government to bring back on board. A central team made a presentation before of a Group of Ministers of Telangana on June 23, said sources, who expect the state to rejoin from the coming rabi season or next year.
  VALUE ADDITION:
  PRADHAN MANTRI FASAL BIMA YOJANA (PMFBY)
  Objectives
  • To provide insurance coverage and financial support to the farmers in the event of failure of any of the notified crops as a result of natural calamities, pests & diseases.
  • To stabilise the income of farmers to ensure their continuance in farming.
  • To encourage farmers to adopt innovative and modern agricultural practices.
  • To ensure the flow of credit to the agriculture sector.
  Highlights of the scheme
  • There will be a uniform premium of only 2% to be paid by farmers for all Kharif crops and 1.5% for all Rabi crops. In the case of annual commercial and horticultural crops, the premium to be paid by farmers will be only 5%. The premium rates to be paid by farmers are very low, and the balance premium will be paid by the Government to provide the full insured amount to the farmers against crop loss on account of natural calamities.
  • There is no upper limit on Government subsidies. Even if the balance premium is 90%, it will be borne by the Government.
  Farmers to be covered
  • All farmers growing notified crops in a notified area during the season who have an insurable interest in the crop are eligible.
  • To address the demand of farmers, the scheme has been made voluntary for all farmers from Kharif 2020.
  • Earlier to Kharif 2020, the enrolment under the scheme was compulsory for the following categories of farmers:
   Farmers in the notified area who possess a Crop Loan account/KCC account (called Loanee Farmers) to whom credit limit is sanctioned/renewed for the notified crop during the crop season.
   And Such other farmers whom the Government may decide to include from time to time.
  Voluntary coverage: Voluntary coverage may be obtained by all farmers not covered above, including Crop KCC/Crop Loan Account holders whose credit limit is not renewed.

THE PRELIMS PRACTICE QUESTIONS

QUESTION OF THE DAY

• Q. Consider the following statements in the context of zoonotic disease:
  1. It refers to the transmission of diseases between animals and humans.
  2. Deforestation could be the primary reason as it increases the contact between humans and wild animals
  Which of the above statements is/are correct?
  a) 1 only
  b) 2 only
  c) Both 1 and 2
  d) Neither 1 nor 2

ANSWER FOR 14TH JULY 2022

ANSWER: A
EXPLANATION:
ABOUT WORLD ECONOMIC FORUM:
The World Economic Forum (WEF) is a Swiss nonprofit foundation established in 1971, based in Geneva, Switzerland. It is recognised by the Swiss authorities as an international institution for public-private cooperation
What is the mission of WEF?
WEF is committed to improving the situation of the world by engaging business, political, academic, and other leaders of society to shape global, regional, and industry.

[WpProQuiz 289]

THE CONTEXT:In the past few months, there has been a steep increase in the number of demolitions carried out by the state using bulldozers without serving appropriate notices to the parties involved.This has generated a debate whether there is Constitutionalism and the Rule of Law in the country. This article analyzes this debate in detail while looking into the tenets behind the state-sponsored demolition drives, its impact on the psyche of the society and the future of a harmonious social fabric.

ILLUSTRATIONS OF RECENT DEMOLITION DRIVES

COMMUNAL CLASHES AFTER THE RELIGIOUS PROCESSION

• The incident was in Delhi’s Jahangirpuri, where the North Delhi Municipal Corporation (MCD) decided to demolish the houses of alleged encroachers.
• In fact, ‘anti-encroachment’ drives were seen in several locations including Shaheen Bagh which had seen communal clashes on Ram Navami in April 2022.
• In April, a similar drive was seen in Gujarat when the Himmatnagar civic body demolished kiosks, shacks and portions of shops as part of its own ‘anti-encroachment drive’.
• The administration of Gujarat’s Anand district, too, undertook such an exercise, where structures belonging to people allegedly involved in the Ram Navami clashes were razed.
• A similar drive was also undertaken in Madhya Pradesh’s Khargone, another site of communal clashes in April. Another example of a demolition drive in Madhya Pradesh took place in the Jirapur village, where 48 houses were razed after the authorities identified these houses as encroachments over government land.

PROTESTS AGAINST CUSTODIAL DEATH

• In June 2022, the Assam administration demolished houses of people who were allegedly involved in setting fire to a police station while protesting an alleged custodial death. The demolition took place in Salonabari in Assam’s Nagaon district.

PROTESTS IN THE AFTERMATH OF PROPHET REMARK ROW

• The house of an activist associated with the Welfare Party of India was demolished in Prayagraj who was allegedly involved in the violent protests that erupted in Prayagraj over the remarks on Prophet Muhammad.

JUSTIFICATIONS GIVEN BY THE GOVERNMENT FOR THE DEMOLITION DRIVES

IN CONFORMITY WITH LAWS

• The State of Uttar Pradesh has submitted before the Supreme Court that the recent demolitions carried out in Kanpur and Prayagraj were done by Local Development Authorities strictly in accordance with the Uttar Pradesh Urban Planning and Development Act, 1973.

PRIOR NOTICE GIVEN

• The state governments have submitted that prior show cause notice, demolition notice etc. for the illegal construction was given to the encroachers and also adequate opportunity was provided to them.

DEMOLITION IS A CONTINUOUS PROCESS

• The state governments have rejected any argument which tried to give such demolitions as retributive and against one particular community after the aftermath of riots and protests. The state government stated that such kinds of demolition drives are carried out from time to time against illegal constructions.

CREATING DETERRENT

• The government said that such demolition drives create the deterrence in the society against the constructions which are illegal and/or do not conform to the permissions granted for the construction.

 CONCERNS RAISED BY SUCH ACTS OF DEMOLITION

DEMOLITION UNDERMINES CONSTITUTIONALISM

• Constitutionalism is the doctrine often associated with the political theories of John Locke. It says that government powers should be legally limited and its authority or legitimacy depends on observing these limitations.
• Constitutionalism recognizes the need of limiting the concentration of power in order to protect the rights of groups and individuals. In such a system, the power of the government can be limited by the constitution – and by the provisions and regulations contained in it – but also by other measures and norms.
• The present actions taken by the state goes against the idea of limited government. The government cannot be absolute and it has to act within the constitutional boundaries. The government seems to trespass on the legal protections of the statute by taking unilateral  actions.

VIOLATES RULE OF LAW

• Dicey’s concept of Rule of law is a legal principle that law should govern a nation, as opposed to being governed by arbitrary decisions of individual government officials. It primarily refers to the influence and authority of law within society, particularly as a constraint upon behaviour, including behaviour of government officials.
• Rule of Law demands non-arbitrary action by the government and the laws shall be applied equally irrespective of religion, race, caste, sex, place of birth or any of them.
• The present actions of the state seem to be in violation of Article 14 of the Constitution of India (Equality before law) as the laws are applied arbitrarily and the appropriate opportunities were not given to defend the constructions.

VIOLATE ARTICLE 300A

• Article 300A of the Indian Constitution states that no person shall be deprived of his property save by the authority of law. It protects an individual from interference by the State and dispossesses a person of the property unless it is in accordance with the procedure established by law.
• The recent acts of demolition are prima facie seen as antithetical not only to Article 300A but to the spirit of the Constitution as a whole.

RETRIBUTIVE ACTIONS AND COLLECTIVE PUNISHMENT

• For any act done by any individual which is in contravention to the laws or against the state, the family members and/or the section of the community shall not be punished. Such punishments are against the natural law of justice. The present case of the demolition of homes and shops of alleged culprits of communal riots is also seen as a sign of retributive justice.

MUNICIPAL AND STATE LAWS RELATED TO ANTI-ENCROACHMENT DRIVES

DELHI

• Section 343 of the Delhi Municipal Corporation Act, 1957 states that notice needs to be served to the parties before the demolition of any building.
• It also states that the occupant has to be given 5-15 days before the commissioner himself orders the demolition of the structure.
• The proviso of the Section states that no order of demolition shall be made unless the person has been given, by means of a notice served in such manner as the commissioner may think fit, a reasonable opportunity of showing cause why such an order shall not be made.

MADHYA PRADESH

• As per Madhya Pradesh Bhumi Vikas Rules, 1984, the authorities are required to serve notice to the person supposedly violating said rules, which prescribe a period of ten days for the violator to stop the violation.

UTTAR PRADESH

• Section 27 of the Uttar Pradesh Urban Planning and Development Act, 1973 requires the affected person to be heard and given 15 days prior notice before proceeding with the demolition. Besides this, the Act allows a person aggrieved with the order of demolition to appeal within 30 days.

DEMOLITION DRIVES AND INTERNATIONAL LAWS

UDHR

• Article 25 of the Universal Declaration of Human Rights (UDHR) states that “everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care…”
• Article 12 of UDHR prohibits arbitrary interference in an individual’s right to property. It also stipulates that “everyone has the right to the protection of the law against such interference or attacks”.

ICCPR

• Article 17 further provides that everyone has the right to own property alone as well as in association with others and that no one shall be arbitrarily deprived of his property. Thus, arbitrary interference with an individual’s property is a gross violation of the International Covenant on Civil and Political Rights (ICCPR)

ICESCR

• Article 11.1 of the International Covenant on Economic, Social and Cultural Rights (ICESCR) recognises “the right of everyone to an adequate standard of living for himself and his family, including adequate food, clothing and housing, and to the continuous improvement of living conditions”. Under this article, countries are under an obligation to take “appropriate steps” to ensure the realisation of these rights.
• The rights recognised under ICESCR, according to Article 4, can be restricted by States only if the limitations are determined by law in a manner compatible with the nature of these rights and solely to promote society’s general welfare.

UN HUMAN RIGHTS OFFICE

• According to the UN Human Rights Office, an integral element of the right to adequate housing is ‘protection against forced evictions.
• It defines ‘forced evictions’ as ‘permanent or temporary removal against the will of individuals, families and/or communities from the homes and/or land which they occupy, without the provision of, and access to, appropriate forms of legal or other protection’.
• The right to adequate housing also entails freedom from arbitrary interference with one’s home, privacy, and family.

JURISPRUDENCE AND DEMOLITION/ENCROACHMENT

SUPREME COURT

• In a landmark judgment passed by the Supreme Court in the case of Olga Tellis vs Bombay Municipal Corporation, the top court observed that the right to life, guaranteed under Article 21 of the constitution, also includes a person’s right to live with dignity, housing and livelihood. The procedure of eviction should lean in favour of procedural safeguards which follow the natural principles of justice like giving the other side an opportunity to be heard. The right to be heard gives affected persons an opportunity to participate in the decision-making process and also provides them with a chance to express themselves with dignity.
• Another judgment was passed by the Supreme Court in 2019 in Municipal Corporation of Greater Mumbai & Ors. v M/S Sunbeam High Tech Developers Private Ltd. wherein the court held that the government authorities need to follow proper procedure for demolition.
• Most recently in the Jahangirpuri demolition drive against encroachments, the Supreme Court ordered a stay on demolition and asked the authorities to maintain a status-quo.
• In Uttar Pradesh also the court asked the government not to carry out demolition activities except in accordance with the procedure established by Law.

DELHI HIGH COURT

• The Delhi high court, in 2010, passed a judgment in Bal Kishan Das vs Municipal Corporation of Delhi wherein the court said that serving a show-cause notice to the parties is a mandatory requirement.
• The Delhi high court delivered another judgment in 2010 upholding the practice of the issuance of notice before demolition, in the case of Sudama Singh & Others vs Government of Delhi & Anr. The court had held that before the government authorities decide to evict someone from their house, they need to provide for an alternate accommodation where basic civic amenities that uphold their right to life and dignity, are available.This got crystalised in the Delhi Slum & JJ Rehabilitation and Relocation Policy, 2015.
• In Ajay Maken vs Union of India (2019), the Delhi High Court held that no authority shall carry out an eviction without conducting a survey, consulting the population that it seeks to evict and providing adequate rehabilitation for those eligible.

HIGH COURT OF MADHYA PRADESH

• In Arun Bharti vs The State Of Madhya Pradesh by the Madhya Pradesh high court.  The court had held that the necessity of compliance with the principle of natural justice of audi alteram partem (‘Let the other side be heard’) by affording a reasonable opportunity of hearing, is inherent in the provisions of Section 248 of the Madhya Pradesh Land Revenue Code, 1959.

LEGAL FRAMEWORK TO DEAL WITH DESTRUCTION OF PROPERTY

• We have one precedent where the apex court agreed to fix liability on persons accused of damaging public property. The judgment was passed by the Supreme Court in 2009 in the case Destruction of Public & Private Properties vs State of Andhra Pradesh & Ors. In the aforesaid judgment, the Supreme Court had observed that public and private property is often damaged by the invocation of political processions, illegal demonstrations, strikes, bandhs and protests in the country, and that strict legislation is required to prevent it.
• In absence of any statute in 2009, the court had passed certain guidelines in which there was also a mention of holding perpetrators liable:
• ü  “The principles of absolute liability shall apply once the nexus with the event that precipitated the damage is established… The liability will be borne by the actual perpetrators of the crime as well as organizers of the event giving rise to the liability – to be shared, as finally determined by the high court or Supreme Court, as the case may be.”
• Nowhere, however, does the judgment grant government authorities the power to demolish properties without notice. It only states that if a person is a perpetrator or one of the organizers of the crime, he will be held liable for up to twice the amount of damages liable to be paid.
• Interestingly, the aforesaid judgment has also been used by ruling party supporters to justify the Uttar Pradesh government’s actions against the attachment of property of ‘rioters’, even though the judgment does not allow the state to attach said property. The Uttar Pradesh government came up with an ordinance “The Uttar Pradesh Recovery of Damages to Public and Private Property Ordinance, 2020”which empowers the state government to constitute one or more claims tribunals to decide compensation claims for damages to any public or private property due to riots, hartals, bandhs, protests, or public processions.
• The Nariman Committee’s (formed after the Destruction of Public & Private Properties vs State Of Andhra Pradesh & Ors.) recommendations dealt with extracting damages for destruction. Accepting the recommendations, the court said the rioters would be made strictly liable for the damage, and compensation would be collected to “make good” the damage. The apex court explicitly vested the responsibility of setting up machinery to investigate the damage caused with the high court and, in case more than one state is concerned, the Supreme Court, not the government.

DEMOLITION, CONSTITUTIONALISM AND RULE OF LAW – AN ANALYSIS

The actions of state and local authorities to bulldoze shops and homes in riot-hit neighbourhoods citing “illegal encroachment” raises major legal concerns. Such actions show a disregard for the due process of law and established judicial precedents regarding evictions. It conveys the use of brute state power for collective punishment undermining the basic tenets of criminal law. This increases the trust deficit between the state and its citizens, as the state is perceived to be the perpetrator and not the protector of human rights and dignity. Prejudiced state action towards one particular community might lead to social disharmony and might aggravate communal tensions.

The Apex Court of the country has made it unambiguously clear that no authority can directly proceed with demolitions, even of illegal constructions, without providing notice and an opportunity of being heard by the occupant. The other two arms of the state shall adhere to various judicial pronouncements and constitutional provisions and shall not resort to arbitrary actions which go against the very idea of Sabka Saath, Sabka Vikas ,Sabka Vishwas and Sabka Prayas. However, the undue haste, the manner and context of the demolitions, the targeted approach to a particular community etc seems to indicate that some states have decided to make bulldozers as instrument state policy. Such an approach is nothing but absolutism and hence antithetical to Constitutionalism and rule of law.  State is a benevolent institution which must not act like private money lenders or organised gangs who act with vengeance and revenge.

THE WAY FORWARD:

• Constitutional morals shall be the guiding principles for state policies. Mere executive fiats cannot be used to take away a person’s property. While it is inherent for a sovereign state to exercise its power of eminent domain over private property, the deprivation of the property should be for a public purpose and shall be subject to judicial review.
• As the custodian of India’s constitutional order, it is high time that the judiciary acted and imposed necessary checks on the unbridled exercise of power by the executive. Courts can also refer to international covenants to counter the nationalist-populist discourse.
• The reforms in laws shall be modelled along the lines and furthering the idea of “Good Governance” as propounded by the World Bank which suggests the participative law-making in the modern liberal democratic political order.
• The Government shall not act in any way which distorts the fraternity and must ensure the dignity of the individual. The idea of punishment is reformative in nature but the present state actions are perceived as vindictive in nature. The state shall also restrain itself in affecting punitive actions and shall be just and reasonable for the greater social good.
• The state shall be even in the application of the law and must not distinguish on varied lines such as rich/poor, on a communal basis, region, etc.
• The Latin American doctrine of “an unconstitutional state of affairs” can also be given a thought.

“The unconstitutional state of affairs is a legal ruling that allows the Constitutional Court to acknowledge the failure of both the Legislative and Executive branches of government to enforce public policies against widespread and systemic violation of fundamental rights, thus justifying a judicial intervention in order to combat the structural causes of the violations and to put everything back in order with the Constitution.”

THE CONCLUSION:Any justification for a demolition drive, as a penal consequence of a criminal act is totally against established canons of criminal justice. The conduct of demolition drives, as a retaliatory measure, even with the avowed object to curb violence is a clear act of subversion of the principle of rule of law.It is imperative for the state as well as the citizens to abide by the constitutional standards and present a glaring example of the spirit of Constitutionalism.

Mains Practice Questions:

1. How far do you agree with the view that the recent demolition drives conducted by the states in India are against Constitutionalism and the Rule of Law? Justify your stand.
2. Demolition drives are not only against the law of the land but also against the international covenants on Human Rights. Argue.