FREEDOM STRUGGLE- MODERN INDIA

1. JALLIANWALA BAGH MASSACRE

TAGS: GS-I- HISTORY-PRELIMS

THE CONTEXT: This year marks the 104th anniversary of the Jallianwala Bagh Massacre, also known as the Amritsar Massacre. Check this article to know the answers to all your questions related to the heart-wrenching event of the Indian Freedom Struggle.

THE EXPLANATION:

• On April 13, 1919, what was planned as a protest gathering of Indians in a compound called Jallianwala Bagh in Amritsar, Punjab, in then British-ruled India, witnessed violence that would become one of the most lasting memories of the barbarity of colonial rule.

What is Jallianwala Bagh Massacre?

• The mass killing at Jallianwala Bagh took place on April 13, 1919, in Amritsar, Punjab, which later came to be known as the Amritsar massacre or Jallianwala Bagh massacre. To protest the Rowlatt Act and the detention of pro-independence activists Saifuddin Kitchlew and Satyapal, a large, peaceful crowd gathered at the Jallianwala Bagh in Amritsar. In response to the gathering, the British Indian Army’s temporary brigadier general R. E. H. Dyer covered the protesters with Gurkha, Baloch, Rajput, and Sikh soldiers from the 2-9th Gurkhas, the 54th Sikhs, and the 59th Scinde Rifles.
• The Jallianwala Bagh had only one exit because the other three were blocked by structures. Without giving the mob a chance to disperse, Dyer closed the main exits. He gave the order for his soldiers to start firing at the densest groups of people in front of the few possible small entrances, as terrified multitudes were attempting to flee the Bagh.
• A total of 1650 rounds were discharged throughout the 10-15 minute period of shooting. Up until they ran out of ammunition, the soldiers continued to fire. General Dyer and Mr Irving assessed a total death toll of 291 people. However, according to other sources, including one from a committee led by Madan Mohan Malviya, there were around 500 or more fatalities.

POLITY AND GOVERNANCE

2. DOCTRINE OF PROMISSORY ESTOPPEL

TAGS: GS-II- POLITY AND GOVERNANCE

THE CONTEXT:Recently, Advocate Prashant Bhushan argued that instead of implementing the Agnipath scheme, the government should complete the old process and cited the doctrine of promissory estoppel.

THE EXPLANATION:

About Doctrine of promissory estoppel:-

• The Doctrine of Promissory Estoppel works on the principle of equity, fairness and moral conscience.
• The doctrine of Promissory Estoppel means when an individual with an intention of forming a relationship which is lawful makes a clear promise to another individual and the latter individual acts on it, that promise becomes an obligation for the individual who made the promise.
• Hence, then going back from its words is not permissible.
• The law commission recommended suggestions to form a new section as Section 25A in the Indian Contract Act in the 108th report for this doctrine.
• No provisions as such are there which ensures availability of relief under this doctrine.
• At the same time, it can be implemented on the basis of equity, to defend the aggrieved party.
• The doctrine of estoppel in India is a rule of evidence included into Section 115 of The Indian Evidence Act, 1872.
• Promissory Estoppel’s application can invalidate the constitutional provision provided under Article 299, which talks about immunity granted against the personal accountability of an individual making the promise.

GOVERNMENT SCHEMES AND INTERVENTIONS

3. VIBRANT VILLAGES PROGRAMME

TAGS: GS-II GOVERNMENT SCHEMES AND INTERVENTIONS

THE CONTEXT:Recently, Union Home Minister launched the ‘Vibrant Villages Programme’ (VVP) in the border village of Kibithoo in Arunachal Pradesh. The constant threat along the country’s border amid the ongoing standoff with China has led to a concerted push to upgrade infrastructure in the border areas.

THE EXPLANATION:

What is the ‘Vibrant Villages Programme’?

• This village development scheme was first announced in the 2022 Budget. The programme’s targets are to provide comprehensive development of villages on the border with China and improvement in the quality of life of people living in identified border villages.
• The development in these villages will help prevent migration, and thus also boost security.
• The Parliamentary Standing Committee in 2018 had pointed towards backwardness, illiteracy, and lack of basic facilities and infrastructure in our border areas. The VVP aims to address all these issues.

What are the objectives of the scheme?

• The aims of the scheme are to identify and develop the economic drivers based on local, natural, human and other resources of the border villages, as per a press release by the Ministry of Home Affairs on February 15, 2023.
• Development of growth centres on the “Hub and Spoke Model” through promotion of social entrepreneurship, empowerment of youth and women through skill development is also one of the objectives of VVP.
• Moreover, the programme also intends to leverage tourism potential through promotion of local, cultural, traditional knowledge and heritage in the border areas, thus increasing the employment opportunities of the people and, as a result, stemming migration.
• Development of sustainable eco-agribusinesses on the concept of “One village-One product” through community-based organisations, cooperatives, SHGs, NGOs etc is also aimed at.
• The scheme envisages that drinking water, 24×7 electricity, connectivity with all weather roads, cooking gas, mobile and internet connectivity be made available in the border areas. Special attention will be given to solar and wind energy, tourist centres, multi-purpose centres and health infrastructure and wellness centres.

Which states come under VVP?

• Under this centrally sponsored scheme, 2,967 villages in 46 blocks of 19 districts have been identified for comprehensive development. These villages abut the border in the states of Arunachal Pradesh, Sikkim, Uttarakhand and Himachal Pradesh and the Union Territory of Ladakh. In the first phase, around 662 villages have been identified for priority coverage.

PRELIMS PERSPECTIVE

4. GOND PAINTING

TAGS: PRELIMS PERSPECTIVE

THE CONTEXT:Madhya Pradesh’s famous Gond paintings has received the prestigious Geographical Indication (GI) tag. A geographical Indication (GI) tag is a label placed on products that have a specific geographical origin and have traits or a reputation originating from that origin.

THE EXPLANATION:

• Madhya Pradesh’s artform of Gond Painting has been given the Geographical Indication (GI) tag by the Ministry of Commerce & Industry. A GI tag is essentially a name or sign given to products that are attached to a specific geographical location, which may include a region, town or country. GI tags ensure that only the registered or authorised user uses the name of the concerned product.
• Gond painting is a form of folk art by the Gond tribal community, which mostly inhabit parts of central India. Traditionally, Gond paintings were done on walls and floors of houses, and featured images of animals and plants as well as traditional geometric patterns. Gond paintings usually feature bright colours derived from natural resources.

VALUE ADDITION:

What is a geographical indication?

• A geographical indication (GI) is a sign used on products that have a specific geographical origin and possess qualities or a reputation that are due to that origin. In order to function as a GI, a sign must identify a product as originating in a given place.
• In addition, the qualities, characteristics or reputation of the product should be essentially due to the place of origin. Since the qualities depend on the geographical place of production, there is a clear link between the product and its original place of production.

5. EXERCISE ORION

THE CONTEXT: In the first overseas exercise for the Rafale fighter jets of the Indian Air Force (IAF), four Rafales will depart to France to take part in multilateral exercise Orion at Mont-de-Marsan, an Air Force base of the French Air and Space Force (FASF).

THE EXPLANATION:

• The exercise will be conducted from April 17 to May 5, with the IAF contingent comprising four Rafale, two C-17, two ll-78 aircraft and 165 personnel. “Participation in this exercise would further enrich the employment philosophy of the IAF, by imbibing the best practices from other Air Forces.”
• Ex Orion is one the largest exercises held by France in recent times involving around 12,000 troops, including those from North Atlantic Treaty Organisation and being held in four phases.
• Besides the IAF and the FASF, Air Forces from Germany, Greece, Italy, Netherlands, Spain, U.K. and U.S. would also be flying in this multilateral exercise.

POLITY AND GOVERNANCE

1. BELAGAVI BORDER DISPUTE

TAGS: GS-II-POLITY AND GOVERNANCE

THE CONTEXT:Recently, the Supreme Court adjourned the hearing on the state of Maharashtra’s plea in a border row with Karnataka, as Justice Aravind Kumar recused himself.

THE EXPLANATION:

When did the dispute begin?

• Maharashtra and Karnataka have sparred over the inclusion of some towns and villages along the state border ever since the State Reorganisation Act was passed by the Parliament in 1956.
• The Act was based on the findings of the Justice Fazal Ali Commission, which was appointed in 1953 and submitted its report two years later.
• On November 1, 1956, Mysore state – later renamed Karnataka – was formed, and differences between the state and the neighbouring Bombay state – later Maharashtra – erupted.
• Maharashtra was of the view that the northwestern district of Karnataka, Belagavi, should be part of the state, leading to a decade-long violent agitation and formation of Maharashtra Ekikaran Samithi (MES), which still holds sway in parts of the district and the eponymous city.

What was the Centre’s response?

• Amid protests and pressure from Maharashtra, the Union government set up a commission under retired Supreme Court judge Justice Mehar chand Mahajan on October 25, 1966. S Nijalingappa was the Karnataka Chief Minister then and VP Nayak was his Maharashtra counterpart.
• The report was expected to be a binding document for both states and put an end to the dispute. The commission submitted its report in August 1967, where it recommended merging 264 towns and villages of Karnataka (including Nippani, Nandgad and Khanapur) with Maharashtra, and 247 villages of Maharashtra (including South Solapur and Akkalkot) with Karnataka.

Legal issues in court

• Maharashtra approached the Supreme Court in 2004, challenging the State Reorganisation Act. It demanded 865 villages and towns from five Karnataka districts to be merged with the state. The five districts are Belagavi, Karwar, Vijayapura, Kalaburagi and Bidar.
• However, almost two decades after the petition, its maintainability remains challenged. Karnataka has resorted to Article 3 of the Indian Constitution to argue that the Supreme Court does not have the jurisdiction to decide the borders of states, and only Parliament has the power to do so.
• Maharashtra has referred to Article 131 of the Constitution, which says that the Supreme Court has jurisdiction in cases related to disputes between the Union government and states.

ENVIRONMENT AND ECOLOGY

2. HUMAN COMPOSTING: A GREENER WAY TO DIE

TAGS: GS-III- ENVIRONMENT AND ECOLOGY

THE CONTEXT: Recently, New York became the sixth state in the US to legalise human composting as a burial option.

THE EXPLANATION:

• Human composting, also known as natural organic reduction, is a process of transforming the human body into nutrient-rich soil that has emerged as an eco-friendly alternative to traditional burial or cremation.
• It has gained popularity, especially among the younger generation, for being an eco-friendly alternative to dispose of a corpse.

Process of human composting:

• The body is first washed and dressed in a biodegradable grown.
• It’s then placed in a closed vessel, usually measuring 8 feet by 4 feet, along with selected materials such as alfalfa, straw, and sawdust.
• The body is left to decompose for the next 30 days.
• To speed up the decay, oxygen is added to the vessel, which results in the unfolding of a process called “aerobic digestion”, in which microbes start to consume organic matter.
• Temperature inside the container is kept around 130 degrees Fahrenheit or 55 degrees Celsius to kill off contagions.
• By the time aerobic digestion is over, the body has been transformed into a soil-like material, containing nutrients, bones, and some medical devices — these are taken out from the compost pile and recycled.
• As the microbial activity comes to an end, the temperature inside the pile drops, marking the transformation from an active composite pile into the soil.

Concerns:

• The biggest opponent of this process has been the Catholic Church and called it an “unfortunate spiritual, emotional, and psychological distancing from the deceased.
• It has been believed that the ‘transformation’ of the remains would create an emotional distance rather than a reverence” for the remains.
• Even cremated remains must remain in a communal place befitting of the dignity inherent in the human body and its connection to the immortal soul.

GOVERNMENT SCHEMES

3. REVISION SERIES

PRADHAN MANTRI FASAL BIMA YOJANA

TAGS: GS-II-GOVERNMENT SCHEMES AND INTERVENTIONS

• Pradhan Mantri Fasal Bima Yojana (PMFBY) scheme was launched in India by Ministry of Agriculture & Farmers welfare, New Delhi from Kharif 2016 season onwards.
• National Insurance Company started participating in PMFBY from Rabi 2016 onwards and covered 8 States and 2 Union Territories during the past 5 seasons namely, Rabi 2016-17, Kharif & Rabi 2017 and Kharif & Rabi 2018 covering 70,27,637 farmers.
• Farmers share of premium is Rs. 453 crores and with subsidy from State/Central Govts RS.1909 Crores, gross Premium is Rs.2362 Crores for the 5 seasons together.

Objective of the Schemes

Pradhan Mantri Fasal Bima Yojana (PMFBY) aims at supporting sustainable production in agriculture sector by way of:

• Providing financial support to farmers suffering crop loss/damage arising out of unforeseen events
• Stabilizing the income of farmers to ensure their continuance in farming
• Encouraging farmers to adopt innovative and modern agricultural practices
• Ensuring flow of credit to the agriculture sector which will contribute to food security, crop diversification and enhancing growth and competitiveness of agriculture sector besides protecting farmers from production risks.

Who can be covered?

• All farmers who have been sanctioned Seasonal Agricultural Operations (SAO) loans (Crop Loans) from Financial Institutions (FIs), i.e. loanee farmers, for the notified crop(s) season would be covered compulsorily.
• The Scheme is optional for non-loanee farmers.
• The insurance coverage will strictly be equivalent to sum insured/hectare, as defined in the Govt. notification or /and on National Crop Insurance Portal multiplied by sown area for notified crop.

Coverage of Crops

• Food crops (Cereals, Millets and Pulses),
• Oilseeds
• Annual Commercial / Annual Horticultural crops.

In addition for perennial crops, pilots for coverage can be taken for those perennial horticultural crops for which standard methodology for yield estimation is available.

PRELIMS PERSPECTIVE

4. CHICHEN ITZA

TAGS: PRELIMS PERSPECTIVES

THE CONTEXT: Recently, the Archaeologists in Mexico have uncovered an intricately carved stone they believe was used as a scoreboard for pelota, a ball game played by the Maya hundreds of years ago.

THE EXPLANATION:

• The circular stone was found at the Chichen Itza archaeological site and is thought to be around 1,200 years old.
• At its centre are two players in elaborate headgear surrounded by hieroglyphic writing.
• Experts are now analysing the writing to decipher its possible meaning.
• The 40kg-stone (88lb) was found by archaeologist Lizbeth Beatriz Mendicut Pérez in an architectonic compound known as Casa Colorada (Red House).
• Casa Colorada is the best preserved of the buildings surrounding the main plaza in the pre-Columbian city of Chichen Itza.
• Experts believe the stone would have adorned an archway at the entrance to the compound during the late 800s or early 900s.
• It was found face down half a metre underground, where it is thought to have fallen when the archway collapsed.

5. EXERCISE COPE INDIA 23

TAGS: PRELIMS PERSPECTIVES

THE CONTEXT: Recently, the Exercise Cope India 23, a bilateral Air Exercise between the Indian Air Force (IAF) and the United States Air Force (USAF) is begins at Air Force Stations Arjan Singh (Panagarh), Kalaikunda and Agra.

THE EXPLANATION:

• The exercise aims to enhance mutual understanding between the two Air Forces and share their best practices.
• The first phase of exercise commenced on April 10, 2023. This phase of the exercise focused on air mobility and involved transport aircraft and Special Forces assets from both the Air Forces.
• Both sides fielded the C-130J and C-17 aircraft, with the USAF operating an MC-130J, as well. The exercise also included the presence of Japanese Air Self Defence Force aircrew, who participated in the capacity of observers.

US-India War Games Amid China Threat

• Meanwhile, India and United States Special Forces are also carrying out wargames with a focus on supporting fighter aircraft operations in forward areas. The war games came in view of an ongoing military standoff with China.
• The operations are likely to have focused on supporting the fighter aircraft operations including designating targets in frontline areas by laser so that the precision-guided bombs can reach their designated target accurately.

THE CONTEXT: Recently, a five-judge bench of the Supreme Court unanimously ruled that a high-power committee consisting of the Prime Minister, Leader of the Opposition in Lok Sabha, and the Chief Justice of India must pick the Chief Election Commissioner (CEC) and Election Commissioners (ECs). The following article attempts to analyse this judgment and its implications from the UPSC exam perspective.

KEY HIGHLIGHTS OF THE JUDGEMENT

• The Supreme Court (SC) recently ruled that the Constituent Assembly (CA) had intended for elections to be conducted by an independent commission, as evidenced by their debates on the appointment of the Election Commission of India (ECI).
• The addition of the phrase “subject to the provisions of any law made in that behalf by Parliament” indicates that the CA also anticipated parliamentary norms governing the appointment process.
• Although the Court typically does not interfere with legislative powers, the Constitution’s context and the legislature’s inaction created a need for intervention.
• Regarding the removal process for the Chief Election Commissioner (CEC) and Election Commissioners (ECs), the Court determined that the CEC holds a unique position and cannot be subject to the same removal process as the ECs, as article 324 becomes inoperative without the CEC.
• The Court left it up to the government to decide whether to fund the EC, establish a permanent secretariat, and charge related expenditures to the Consolidated Fund of India.

GOI’S STAND

• The government contended that without a law from Parliament, the President holds the constitutional authority and requested that the Court should exhibit judicial restraint.
• The Supreme Court’s decision on the appointment of the Election Commission of India raises concerns about the separation of powers because the Constitution gives Parliament the authority to make laws on the matter.

SC’S REPLY

• The Court acknowledged that its ruling is subject to any future laws enacted by Parliament, which could potentially overturn it.
• An alternate perspective is that since there is currently no law governing the issue, the Court must intervene to fill the resulting constitutional vacuum.

WHAT LED THE SUPREME COURT TO DIRECT REFORMS IN ECI’S APPOINTMENTS?

• The decision by the Supreme court comes amid allegations that election commission seemed to function with prejudice for the ruling party at the Centre, considering they were the one who brought the commissioner to power.
• The public interest petitions sought a law governing the appointment of the CEC and ECs. A first PIL was filed in 2015, and the Supreme Court agreed to hear a second PIL on the issue filed in 2018 by Delhi BJP leader Ashwini Upadhyaya.
• In 2015, a public interest litigation was filed by Anoop Baranwal challenging the constitutional validity of the practice of the Centre appointing members of the Election Commission.
• In October 2018, a two-judge bench of the SC referred the case to a larger bench since it would require a close examination of Article 324 of the Constitution, which deals with the mandate of the Chief Election Commissioner.
• In September 2022, a five-judge Constitution bench headed by Justice KM Joseph began hearing the case and almost a month later, the verdict was reserved.
• While hearing the plea in November, 2022, the apex court had noted that the appointment of Arun Goel as EC had been carried out with “lightning speed”, with the procedure taking less than 24 hours on November 18, 2022, from start to finish.

BASIS OF JUDICIAL INTERVENTION

• Absence of law: The crux of the challenge is that since Parliament makes no law on this issue.
• Urge for judicial intervention: The Court must step in to fill the constitutional vacuum, urges the PIL.
• Question of executive non-interference: This examination also leads to the larger question of separation of powers and if the judiciary is overstepping its role in filling this gap in the law.

STRUCTURE OF ECI

• The Election Commission of India consists of a Chief Election Commissioner (CEC) and two Election Commissioners (ECs).
• The CEC is the head of the Commission and has a higher status than the ECs. All decisions of the Commission are taken by a majority vote, with the CEC having the casting vote in case of a tie.
• According to Article 324, the Election Commission shall consist of the CEC and such number of other election commissioners, if any, as the President may from time-to-time fix.

Babasaheb Ambedkar had in 1949 said, “the whole election machinery should be in the hands of a Central Election Commission, which alone would be entitled to issue directives to returning officers, polling officers and others”.

CONSTITUTIONAL PROCEDURES FOR APPOINTMENTS AND REMOVALS IN ECI

APPOINTMENT

• Article 324(2): The appointment of the CEC and other Election Commissioners shall be made by the President, subject to the provisions of any law made in that behalf by Parliament.
• The Law Minister suggests a pool of suitable candidates to the Prime Minister for consideration.
• The President makes the appointment on the advice of the PM.

TENURE

• The President appoints Chief Election Commissioner and Election Commissioners.
• They have tenure of six years, or up to the age of 65 years, whichever is earlier.
• They enjoy the same status and receive salary and perks as available to Judges of the Supreme Court of India.
• All Election Commissioners have equal say in the decision making of the Commission.

REMOVAL

• The Chief Election Commissioner can be removed from his office in the same manner and on same grounds as a judge of the Supreme Court.
• In other words, he can be removed by the President on the basis of a resolution passed to that effect by both the Houses of Parliament with special majority, either on the ground of proved misbehavior or incapacity.
• Thus, he does not hold his office till the pleasure of the President, though he is appointed by him.
• Any other election commissioner or a regional commissioner cannot be removed from office except on the recommendation of the chief election commissioner.

SERVICE CONDITIONS OF CECS PRESENTLY

• Currently, the service conditions of the Chief Election Commissioner (CEC) are governed by the Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991.
• As per this act, the CEC is entitled to a salary equal to that of a Supreme Court judge, along with other allowances and benefits. The CEC also has a government-provided residence and office.

ARGUMENTS IN SUPPORT AND AGAINST OF SUPREME COURT RULING

ARGUMENTS IN SUPPORT OF SC’S RULING

• Promoting transparency in appointments: The Supreme Court (SC) of India ordered reforms in the appointments of the Election Commission of India (ECI) because it found that the current process lacked transparency and was prone to political influence.

o   There was no independent mechanism for the selection and appointment of the Chief Election Commissioner (CEC) and Election Commissioners (ECs), as the government held a dominant role in the process.

• Upholding Constitutional principles: This lack of independence and transparency in the appointment process was deemed to be a violation of the principles of democracy and the Constitution of India.
• Eliminating Arbitrary appointments: Furthermore, there were no fixed criteria or qualifications for the appointment of CECs and ECs. This led to arbitrary appointments on many occasions which overlooked merit and credibility.
• Question of non-partisanship:ECI failed on many occasions to use its powers effectively, because ECs are the appointees of the government of the day and not through an independent process of collegium.

         o   The SC’s decision will end the single party influence, essential to a democracy, where voting is the be-all and say-all of a functioning governance.

• Affirmative step: Various entities from the opposition and civil societies are affirmative for the decision claiming that insulating EC from Government influence & dependence will secure the integrity of the electoral process.
• Clear rules of removal and tenure: Also, the lack of a clear and defined process for the removal of CECs and ECs was found to be a significant flaw in the system. The Supreme Court has now said that the process of removing an EC should be the same as that for the CEC.

ARGUMENTS AGAINST SC’S RULING

• Violation of Separation of Powers: The ruling has been criticized for violating the principle of separation of powers, which stipulates that each branch of government should operate independently without encroaching on the jurisdiction of others.

         o   The government has argued that the appointment of Election Commissioners falls within the purview of the legislature and that the judiciary should not interfere with this domain.

• Judicial Overreach: Critics have argued that the Supreme Court has overstepped its authority by prescribing a new appointment process for Election Commissioners.

        o   The Constitution gives the power to appoint Election Commissioners to the President of India, who acts on the advice of the Council of Ministers. Any changes to this process should be made by the legislature and not the judiciary.

• Potential for Political Interference: Critics have argued that the new appointment process prescribed by the Supreme Court could lead to increased political interference.

         o   They argue that the proposed collegium system for selecting Election Commissioners, consisting of the Prime Minister, Leader of the Opposition in the Lok Sabha, and Chief Justice of India, could be subject to political influence and bias.

IMPORTANCE OF ELECTION COMMISSION OF INDIA (ECI) IN INDIAN DEMOCRACY

The Election Commission of India (ECI) plays a critical role in India’s democratic system. It is responsible for overseeing the conduct of elections, both at the national and state levels. The importance of the ECI for India can be understood in the following ways:

• Ensuring Free and Fair Elections: The ECI’s primary role is to conduct free and fair elections in the country. It is responsible for preparing and updating the electoral roll, supervising the conduct of elections, and ensuring that electoral laws and regulations are followed.
• Preserving the Integrity of the Electoral Process: The ECI plays a crucial role in preserving the integrity of the electoral process in India. It ensures that all eligible citizens are given the opportunity to vote, that their votes are counted accurately, and that the results are declared in a transparent and impartial manner.
• Protecting Democratic Values: The ECI is responsible for protecting the democratic values enshrined in the Indian Constitution. It ensures that the right to vote is protected, and that the election process is free from coercion, corruption, or other illegal practices.
• Upholding the Sovereignty of the Indian Constitution: The ECI upholds the sovereignty of the Indian Constitution by ensuring that the election process is conducted in a manner consistent with the constitutional principles of democracy, equality, and justice.

THE WAY FORWARD:

• Overcoming several issues through a transparent ECI: SC’s ruling has potential to carve out a more independent and transparent ECI. Such an independent and credible ECI should seriously address the several ills seen to be plaguing India’s electoral system, such as:

         o   allegations of selective culling of the electoral rolls;

      o   EVM voting often not complying with basic and essential requirements of ‘Democracy Principles’ i.e., each voter able to verify that her vote is cast-as-intended, recorded-as-cast and counted-as-recorded;

        o   vulgar use of money power; corrupting and criminalizing the elections; buying and selling of votes;

       o   brazen misuse of the media; partisan functioning of election officials; and non-enforcement of the Model Code of Conduct.

Only these measures can provide a level playing field, usher in integrity and restore confidence in the umpire, which is the essence of free and fair elections.

• Learning from best practices:

        o   In the United States, the Federal Election Commission (FEC) is an independent agency that oversees federal elections.

       o   In Australia, the Australian Electoral Commission (AEC) is an independent statutory authority that conducts federal elections and referendums.

       o   In both the US and Australia, the appointment of election commissioners is a political process, however, both countries have systems in place to ensure that the appointment process is non-partisan and that Commissioners serve fixed terms to maintain independence and impartiality.

• Preserving separation of powers: Both the Judiciary and Legislature must come on the same page to bring reforms in the appointment process as per the Constitutional procedures so as to uphold the legitimacy and acceptance of such reforms.

THE CONCLUSION: The ballot is more potent than the most powerful gun. Democracy facilitates a peaceful revolution at the hands of the common man if elections are held in a free and fair manner. The ECI’s role in ensuring free and fair elections, preserving the integrity of the electoral process, protecting democratic values, and upholding the sovereignty of the Indian Constitution makes it an essential institution for India’s democratic system. Thus, only a truly independent ECI can fulfill the Constitutional mandate of conducting free and fair elections.

Questions:

• “A person weak-kneed before the powerful cannot be appointed as Election Commissioner.” In the light of the statement, discuss the importance of having a transparent and independent appointment system for Election Commissioners in India.
• In a substantive democracy, the power to vote is “more potent than the most powerful gun”. People depend on an honest Election Commissioner, blessed with extraordinary powers, to guard the purity of the electoral process. Examine the statement in the light of recent Supreme court judgment which introduced a collegium for appointments to the Election Commissioners in India.

THE CONTEXT: All India Conference of Director Generals/ Inspector Generals of Police  2022 was organised at the National Agricultural Science Complex, PUSA, New Delhi on 21-22 January 2023. The three-day Conference was held from January 20 to 22, 2023, in a hybrid format. The conference discussed a wide range of issues including Cyber Crime, Technology in Policing, Counter Terrorism challenges, Left Wing Extremism, capacity building, Prison Reforms, among others. The broad consensus was arrived to reform the police system in India.

POLICE IN FEDERAL POLITY IN INDIA

• As per Seventh Schedule, ‘Police’ and ‘Public Order’ are State subjects under the Constitution, and as such the primary responsibility of prevention, detection, registration, investigation and prosecution of crimes, including crimes against SC/ST lies with the State Governments and Union Territory Administrations.

WHAT IS POLICE REFORM IN INDIA?

• Police reform aims to transform the old cultures, policies and practices of police organizations so that Police can perform their duties with respect to democratic values, human rights and the rule of law. Police reform mainly aims to maintain law and order in the state with more accountability and transparency in the work.
• However, before going into details about the need of the police reform , there is a need to discuss the issues in the police system in India.

ISSUES IN THE POLICE SYSTEM

COLONIAL POLICE SYSTEM:

• Britishers formed the Indian Police Act in 1861 and our country still follows the same old laws which were made to favor the rulers and suppress the common Indians.

OVERBURDENED POLICE

• Vacancies have been around 24%-25% in state police forces since 2009. The sanctioned police strength was 181 police per lakh persons in 2016, however, the actual strength was 137 police. It is to be noted that the United Nations recommended 222 police per lakh persons. Global average police population ratios 270/ 1 Lakh people.
• 24% vacancies in state forces; 7% in central forces

Sources: Bureau of Police Research and Development

• 86% of the state police comprises of the constabulary. Constables are typically promoted once during their service, and normally retire as head constables. This could weaken their incentive to perform well.

FUNDING TO THE POLICE

• Expenditure on Police accounts for about 3% of the central and state government budgets.

POLICE ACCOUNTABILITY:

• Police accountability involves holding both individual police officers, as well as law enforcement agencies responsible for effectively delivering basic services of crime control and maintaining order while treating individuals fairly and within the bounds of law.
• However, there are many grievances against the Police such as unlawful arrests, unlawful search, custodial death, torture in custody, corruption issue and misuse of law for personal or political gain.
• Transparency International ranked India at 85 among 180 countries in its Corruption Perception Index report

CUSTODIAL DEATH:

• Custodial death is perhaps one of the worst crimes in a civilized society governed by the Rule of Law. It is a crime against humanity and a violation of human rights, so reforms are needed for much more accountability.
• According to The National Crime Record Bureau (NCRB)  data shows India has in total recorded 88 custodial deaths in the year 2021., Over the last 20 years, 1,888 custodial deaths were reported across the country, 893 cases registered against police personnel and 358 personnel charge-sheeted. But only 26 policemen were convicted in this period, official records show.
• E.g. There are custodial deaths of a father and son in Tamil Nadu who the Police tortured for more than seven hours.

NO LAW ON CUSTODIAL TORTURE

• India is a signatory of the United Nations Convention against torture and other cruel activities since 1997, but it has not ratified it as India doe not have any comprehensive law on torture.

POLITICAL INTERFERENCE:

• Police officers are not able to do their work due to the interference of political leader. Hence its necessary to break political nexuses with Police. We needed reform for fairness and transparency in the system this will help to gain public trust.
• Vohra Committee gave recommendations to reform the criminal justice system By breaking the nexus between politicians and criminals

POOR QUALITY OF INVESTIGATION

• Police are accountable for prevention control reporting and investigation of the crime, so there is a conflict of interest(in preventation and investigation). This decreases the quality of the investigation.
• Crime per lakh population has increased by 28% over the last decade (2005-2015). However, convictions have been low. In 2015, convictions were secured in 47% of the cases registered under the Indian Penal Code, 1860. The Law Commission has observed that one of the reasons behind this is the poor quality of investigations.
• The Police do not have the necessary training or expertise to undertake professional investigations. They also lack legal understanding (on issues such as the admission of evidence), and their forensic and cyberinfrastructure is both weak and antiquated.
• Another reason for the lack of quality in the investigation is the transfer of officers during the investigation which causes delay and the newly appointed officer needs to study the case and restart the investigation process

IMPROPER POLICE INFRASTRUCTURE:

• CAG audits have found shortages in weaponry with state police forces. For example, Rajasthan and West Bengal had shortages of 75% and 71% respectively in required weaponry with the state police.
• Utilisation of funds for modernisation (%)

Sources: Bureau of Police Research and Development

RELATIONSHIP BETWEEN POLICE AND THE PUBLIC

• There is insensitivity towards problems faced by people. There is a lack of trust between Police and people. People view the Police as inefficient, corrupt, and violent due to which the relationship between them has a severe lack of confidence. This leads to an automatic problem of less coordination due to which the Police find it improbable to perform their functions.

THESE ISSUES CALL FOR REFORM IN THE POLICE SYSTEM

Expert bodies that have examined police reforms

POLICE ACCOUNTABILITY

There is need to balance accountability and operational freedom of the Police. To allow the Police greater operational freedom while ensuring accountability, various experts have recommended that the political executive’s power of superintendence over police forces be limited.

• Second Administrative Reforms Commission has recommended that this power be limited to promoting professional efficiency and ensuring that Police is acting in accordance with law.
• National Police Commission (1977-81) suggested that superintendence be defined in the law to exclude instructions that interfere with due process of law, or that influence operational decisions, or that unlawfully influence police personnel transfers, recruitments, etc
• Second Administrative Reforms Commission and the Supreme Court have observed that there is a need to have an independent complaints authority to inquire into cases of police misconduct.

POLITICAL INTERFERENCE

In the Prakash Singh case, Supreme Court in its directive held that

• It is to be ensured that the DGP is appointed through merit based transparent process and secure a minimum tenure of two years.
• Also it said to constitute a State Security Commission (SSC) to

○        (i) Ensure that the state government does not exercise unwarranted influence or pressure on the Police

○        (ii) Lay down broad policy guidelines and

○        (iii) Evaluate the performance of the state police

• Constitute a Police Establishment Board in every state that will decide postings, transfers and promotions for officers below the rank of Deputy Superintendent of Police, and make recommendations to the state government for officers of higher ranks.
• Constitute a National Security Commission to shortlist the candidates for appointment as Chiefs of the central armed police forces.

Above all, there is a need for political will to bring reform in the police system.

VACANCIES AND AN OVERBURDENED FORCE

2nd Administrative Reforms Commission has recommended that one way to reduce the burden of the police forces could be to outsource or redistribute some non-core police functions (such as traffic management, disaster rescue and relief, and issuing of court summons) to government departments or private agencies.

CONSTABULARY-RELATED ISSUES

A constable’s responsibilities are wide-ranging, and are not limited to basic tasks. For example, a constable is expected to exercise his judgment in tasks like intelligence gathering and surveillance work and report significant developments to his superior officers. Therefore, a constable is expected to have some analytical and decision-making capabilities.

The Padmanabhaiah Committee and the Second Administrative Reforms Commission recommendations:

• raise the qualification for entry into the civil Police to class 12th or graduation.
• expert bodies, such as the National Police Commission have also emphasised incentive to accept remote postings.

CRIME INVESTIGATION:

Recommendation:

• States must have their own specialized investigation units within the police force that are responsible for crime investigation.
• funds and qualified staffs need to be given to the forensic infrastructure
• Supreme Court said that Separate the investigating Police from the law and order police to ensure speedier investigation, better expertise and improved rapport with the people.

POLICE INFRASTRUCTURE AND TRAINING

• More funds need to be allocated to the modernisation of the Police also there is a need to increase the fund utilisation of the fund allocated.
• There is a need for capacity building and technology to deal with cybercrime.
• Training module of the Police should be improved.

CUSTODIAL DEATH AND TORTURE

• In D.K. Basu case, the Supreme Court laid down elaborate procedures to be followed by the Police and other investigating agencies in cases of arrest, detention and interrogation.

○        The arrestee shall be made aware of his right to get a friend or relative informed about his arrest.

○        The diary entry of the arrest, the person informed of the arrest and particulars of the arrest shall be updated in the station diary.

• Law Commission of India in 2017 has proposed anti-torture law still Government has not taken any action in this regard.

NEED TO STRENGTHEN CRIMINAL JUSTICE SYSTEM

• The Malimath Committee submitted its report in April, 2003 which contained 158 recommendations. These pertain to strengthening of training infrastructure, forensic science laboratory and Finger Print Bureau, enactment of new Police Act, setting up of Central Law Enforcement agency to take care of federal crimes, separation of investigation wing from the law and order wing in the police stations, improvement in investigation by creating more posts, establishment of the State Security Commission, etc

POLICE-PUBLIC RELATIONS

• Need to increase the gender sensitivity of the Police.
• One way to improve  police-public relations is to have community policing. Community policing requires the Police to work with the community to prevent and detect crime, maintain public order, and resolve local conflicts, to provide a better quality of life and sense of security.
• Various states have been experimenting with community policing including Kerala through ‘Janamaithri Suraksha Project’, Rajasthan through ‘Joint Patrolling Committees’, Assam through ‘Meira Paibi’, Tamil Nadu through ‘Friends of Police’, West Bengal through the ‘Community Policing Project’, Andhra Pradesh through ‘Maithri and Maharashtra through ‘Mohalla Committees’

THE CONCLUSION: Current dispensation of the government is to build SMART Police which stands for

S stood for strict and sensitive

M for modern and mobile

A for alert and accountable

R for reliable and responsive

T for tech-savvy and trained

Thus. there is a need to reform the Police system to make it more accountable, responsible and transparent to strengthen the Social control between Citizen and State.

Mains Question

1. The police system plays an important role in the criminal justice system, but it has issues. Critically examine.
2. Despite various committees and Supreme Court guidelines for the reform in the Police system, it has not been reformed. Analyse the reasons behind it.

THE CONTEXT: The current dispensation of governance is based on Minimum Government – Maximum Governance. The relation between citizen and government in the social contract is based on Trust. And this is based on the strong foundation of the Good Governance. It is imperative for civil society, non-profits, and public officials to introduce citizen experience-based systemic measures in advocacy campaigns for improved public welfare access to vulnerable citizens.

CONCEPT OF CITIZEN CENTRIC ADMINISTRATION

Good governance aims at providing an environment in which all citizens irrespective of class, caste and gender can develop to their full potential. In addition, good governance also aims at providing public services effectively, efficiently and equitably to the citizens.
The 4 pillars on which the edifice of good governance rests, in essence are:

• Ethos (of service to the citizen),
• Ethics (honesty, integrity and transparency),
• Equity (treating all citizens alike with empathy for the weaker sections), and
• Efficiency (speedy and effective delivery of service without harassment and using ICT increasingly).

Citizens are thus at the core of good governance. Therefore, good governance and citizen centric administration are inextricably linked.
To Make the Administration more Citizen-Centric, the 2nd ARC has examined the following strategies, processes, tools, and mechanisms.

1. Re-engineering processes to make Governance ‘citizen-centric’.
2. Adoption of Appropriate Modern Technology
3. Right to Information
4. Citizens Charters
5. Independent Evaluation of Services.
6. Grievance Redressal Mechanisms
7. Active Citizens Participation – Public-Private Partnerships

Various steps has been taken to improve the citizen centricity in the welfare works like- e-governance, RTI, social audits, self-attesting of documents, citizen charters etc. However there has been issues that affect the citizen centricity in the administration.

ISSUES IN CITIZEN-CENTRIC GOVERNANCE

Burden of proof: Due to increase in the documentation requirement in availing the government services and benefits of the welfare programme, there oi shifting away from the citizen centricity in the governance.

E.g. Eligibility for subsidised ration, scholarships, maternity benefits, and so on. The burden of proof of proving their eligibility makes them run around government offices, touts, cyber cafes, common service centres (CSCs), panchayat or nagar nigam offices, and so on. The time and money spent by India’s poor either overshoots or constitutes a considerable percentage of the promised public welfare benefits.

ATTITUDINAL PROBLEMS OF THE CIVIL SERVANTS:

• There is issue of the bureaucratic apathy toward the citizen. Issues of arm chair bureaucracy affect the citizen oriented policies in the governance. Also, their attitude is one of indifference and insensitivity to the needs of citizens. is, coupled with the enormous asymmetry in the wielding of power at all levels, has further aggravated the situation.
• A common reason usually cited for inefficiency in governance is the inability within the system to hold the Civil Services accountable for their actions.

TECHNOLOGY ISSUES

E-governance was adopted to create ‘Simple, Moral, Accountable, Responsive and Transparent (SMART) governance. The purpose of implementing e-Governance is to improve governance processes and outcomes with a view to improving the delivery of public services to citizens. Past experiences demonstrate how the promises of digitisation are closely accompanied by a variety of risks to citizens.

POSITIVE IMPACT 

• Digitising welfare payments through the Direct Benefit Transfer (DBT) system reduced widespread leakages in physical cash distribution systems.
• Multiple state governments have deployed digital platforms for social protection that allow citizens to access welfare schemes from different government departments through a single window.
• E.g. Samagra platform in Madhya Pradesh and Jan Aadhaar system in Rajasthan

ISSUES

• Data protection concerns arose from the need to collect and store Aadhaar numbers and banking information.
• Issues of uneasiness with which citizens access social protection benefits through digital paltforms.
  ○ E.g. due to digital divide, lack of digital infrastructure etc

THE WAY FORWARD:

E-Governance has to be comprehensive; mere introduction of the IT component is not an end in itself. Comprehensive e-Governance reforms cover
1. the process,
2. preparedness and the technology
3. and the people.
Introduction of e-Governance needs process engineering as the first step. The technology and the hardware and software come second, only after the processes have been re-engineered. And ultimately, in order to make the reforms sustainable the people in the concerned departments/agencies have to internalize the changes.
Research suggests that by being inclusive for the most marginalised, protecting the vast swathes of personal data collected from citizens, enhancing the ease with which citizens access social protection benefits and instituting accountability measures, Digital initiatives can become citizen centric.

ISSUES IN THE RTI

The act was legislated in a positive spirit; as an instrument for improving Government – citizen interface resulting in a friendly, caring and effective Government functioning for the good of our people. However these has been issues that can be categorised in demand and supply side issues.

DEMAND SIDE ISSUES 

• Low public awareness- awareness level among women was found to be low in comparison to men. The difference in awareness level between women and men ranged from 9% to 20%
• Constraints faced in filing applications: Appropriate Governments and the Public Authorities have taken inadequate steps to make the RTI process citizen friendly. The process of RTI application submission has not been designed keeping in view the needs and convenience of the citizens.
• Poor quality of information provided.

SUPPLY SIDE ISSUES

• Failure to provide information within 30 days.
• Inadequate trained PIOs and First Appellate Authorities
• Obsolete record management Guidelines
• Non-availability of basic Infrastructure
• Ineffective implementation of Section 4(1) (b) : As per the Act, one of the basic responsibilities of the Public Authorities (PAs) is to disseminate information on suo-moto basis. However, there is no/ inadequate mechanism within the Public Authorities to implement the provisions of the Act

Issues in the Citizen charter: Lack of awareness and knowledge and inadequate publicity, hence loss of trust among service seekers, No training to the operative and supervisory staff, Lack of infrastructure and initiative, Hierarchy gap between the Officers and the Operative Staff. complicated and restrictive rules & procedures. Further, there is no Grievance Redressal of the violation of the citizen charter.
Issues of Corruption: The causes of corruption in India include excessive regulations, complicated tax and licensing systems, numerous government departments with opaque bureaucracy and discretionary powers, monopoly of government-controlled institutions on certain goods and services delivery, and the lack of transparent laws and processes.
Lack of Citizen Centricity in Gram Panchayat: Various issue faced in the Gram panchayat is lack of effective women participation, bureaucratisation in the local panchayat, the problem of fund, function and functionaries etc affected the optimum functioning working and citizen centric governance.
Indian case study
Odisha’s KALIA programme: Databases of different social security programmes has been integrated in Odisha’s KALIA programme to ensure minimal citizen travel to the frontline or mediation offices.

KARNATAKA SAKALA SERVICES ACT, 2011 AND (AMENDMENT) ACT, 2014: A Bill has been passed by the Karnataka State Legislature to provide guarantee of services to citizens in the State of Karnataka within the stipulated time limit and for matters connected therewith and incidental thereto. This Act is called the Karnataka Guarantee of Services to Citizens Act, 2011.
Grievance Redressal Mechanism: Mo Sarkar is a feedback based-governance model as part of which the CM, ministers and senior officials seek the feedback of people directly over phone about the kind of services they receive from various government offices. Based on their feedback, the state government takes the necessary steps to improve its service delivery system. As many as 31 departments, including that of finance, works and commerce and transport, have been covered under the purview of Mo Sarkar.

INTERNATIONAL EXPERIENCE

Supplemental Nutrition Assistance Programme benefits in the United States, the White House has adopted the ‘administrative burden’ framework to address citizen experience pain points through an executive order a council to deploy a life experience framework as a strategy to improve federal service delivery to enhance citizen experience of application, documentation and benefits access. The life experience framework draws from a human-centred design-based methodology.

THE WAY FORWARD

• Firstly, ease access to key eligibility documents such as income and caste certificates, and residence proofs (especially for migrants).
• Secondly, on the technology front, the focus must be on the user experience of dealing with digital interfaces and portals. This involves streamlining user interface designs, training frontline officials, and integrating the databases of different social security programmes to ensure minimal citizen travel to the frontline or mediation offices. In addition, the government should make itself accountable for wait time, costs and procedural delays affecting citizens.
• Thirdly, the State must begin a renewed focus on easing welfare access rules, quality of awareness programmes and a seamless grievance redressal process to communicate rules and processes of access.

THE CONCLUSION: 2nd ARC report in its 12th Report (Citizen Centric Administration-The Heart of Governance) has recommended Making Citizens Charter Effective, Seven-Step Model for Citizen Centricity, Participation of Women and the Physically Challenged, Evolving an Effective Public Grievances Redressal System, Analysis and Identification of Grievance Prone Areas, Simplifying Internal Procedures, Monitoring and Evaluation, Rationalizing Procedures – Issue of Driving Licenses, registration of Births and Deaths Building Licenses and Completion Certificate for Citizen centric governance. It should be implemented in letter and spirit for strengthening the social contract.

Mains Question
1. What are the steps needed to Strengthen citizen centricity in the implementation of welfare programmes?
2. Analyse the various initiatives for the good governance in India.

THE CONTEXT: A recent study says that casteism is not only prevalent but also institutionalized in the Indian higher educational institutions particularly in the technical fields of medicine and engineering. However, these institutions rarely acknowledge the discrimination and willfully ignore both subtle and overt forms of casteism. In this article, let’s analyze how the country is still struggling with casteism in higher education institutions and steps that need to be taken to address the issue.

CASTE DISCRIMINATION: THEN AND NOW

• Historical injustice: Caste system divides Hindus into four categories Brahmins, Kshatriyas, Vaishyas and the Shudras. Historically, with lack of access to means of production and eventually becoming a large pool of attached labourers have constrained the lower caste population in this country to remain invisible and excluded in the sphere of so-called knowledge production.
• Duality in nature of caste discrimination in contemporary India: There is a duality that is inherent within the nature of caste discrimination in contemporary India, and specifically with the question of access to ‘quality education’ in the realm of Higher educational institutions. This aforementioned duality reveals itself in two folds:

1. Enabling mobility: Contemporary society on one hand by providing access to resources and education enables mobility in caste system in terms of social and cultural and economic capital.
2. Denial of mobility: On the other hand, contemporary society acts as deterrent in mobility by discrimination and reinstate the age-old Manu-vaadi or Varna based hierarchies, where access to higher education, preserving and restructuring the pedagogic practices, and reproducing the ‘knowledge system’ itself can become the act of an ‘exclusive society’, of the Savarna or the ‘upper’ castes society to be specific.

ANALYSIS: HOW CURRENT EDUCATION SYSTEM REINFORCING DISCRIMINATION

The Structure of the caste system meant that one is confined to the social status associated with one’s caste and current educational policies further promotes this discriminatory environment as higher educational institutes become centers for self-financed courses which mandates that education remains a private market commodity and promotes the manufactured merits at the cost of discriminating against lower caste students.

DISCRIMINATION IN ADMISSION PROCESS

• Not acknowledging the savarna privileges: First, the process of admission denies the age-old repression by not acknowledging the financial and social privileges that ‘savarna merit’ enjoys.
• Economic issues: For the admission processes, the system creates a private capital oriented mechanism, which denies access to the marginalized sections of the country.
• Major disparities in acceptance rate: There are major disparities in admission rate of lower caste students for example data reveals that despite receiving hundreds of PhD applications, some IITs and many departments hardly accepted any candidates from SC/ST/OBC PhD backgrounds. Data released by the Lok Sabha found that in nine IITs, across India, the acceptance rate for SC/ST/OBC PhD candidates was at or below 8% despite all of these universities receiving hundreds of applications.

SYNDROME OF MERITOCRACY

• Devising of syndrome of meritocracy: Anthropologist Ajantha Subramanian asserts that institutes of eminence like IITs have helped convert caste privilege into what is now popularly considered as ‘merit’. Merit has acquired brahmanical overtones and continues to perpetuate caste hierarchies and savarna power.
• Reinforcing in higher universities: In the contemporary Indian context, these facets of discrimination being constantly reiterated in the field of Higher education, more importantly, in spaces, which are regarded as institutes or universities of ‘eminence’.
• Using it to consolidate power: The syndrome of meritocracy has become systemic as seen by Anecdotal evidence of professors using casteist slurs or Dalit students being expelled from the classroom space in such institutes is not rare. By converting caste capital into social capital, dominant castes have ensured the consolidation of their power in institutes and professional spaces.
• Unfair approach: Meritocratic approach is unfair and flawed as it does not consider centuries of discrimination and underrepresentation that lower castes have had to suffer through. Inherent in any meritocratic system is the premise that all participants start from the same starting line and play on an even playing field.

MYTH OF NON-DISCRIMINATION IN ACADEMIC SPACES

• It is a common myth perpetrated by upper caste faculty, students, politicians, and media that caste superiority and casteism is exercised amongst uneducated people in the villages, and not amongst the educated in urban and academic spaces.
• Remains unidentifiable: The myth of city colleges and classrooms being caste-free leads to non-identifiability of the conventional practice of untouchability, which is the only practice of caste-based discrimination that has been legally codified and thus issue remains unsolved.
• Victim blaming and further marginalization: As per the study, persons who share experiences of caste-based discriminations in higher educational institutions get accused of being ‘obsessed with caste identities’ or being ‘over-sensitive’ or ‘paranoid’ about it. This culture of not recognising and dismissing discrimination without the willingness to appreciate the experiences of persons from their own ‘locations’, contributes to the further marginalization of such persons and their experiences.
• Discrimination in Both Direct and indirect forms: Study focuses on the various ways in which casteism is practiced and even normalized in the current higher education system of the country. It may exist in the direct form of abusive casteist slurs, gestures, comments and physical exclusion or in its indirect ill-informed opposition to the constitutionally mandated policy of reservation and routine biases inflicting psychological harm upon the victims for example Suicides as ‘institutional murders’, while highlighting the culture of victim-blaming and apathy towards the victims of such institutional murders for calling them ‘mentally weak’ even after their death.

CASE STUDIES RELATED TO DISCRIMINATION IN HIGHER EDUCATION INSTITUTIONS

• Suicide case of Payal Tadvi: Payal Tadvi was a 2nd-year Post-Graduate resident doctor at the BYL Nair Hospital (BYL-NH), Mumbai. She was the first woman from her family to become a doctor, and the first woman from the Adivasi Muslim Bhil Community, a scheduled tribe, to pursue a post-graduation in medicine. Harassment on Dr Payal by the three accused included persistent derisive remarks about her caste, and on her being from a backward community, being an Adivasi, and having been admitted to medicine through the reserved categories. These accused would often wipe their feet on Dr Payal’s bed after using the washrooms/toilets and would also made casteist remarks which led her to suicide.
• Suicide case of Rohith Vemula: Rohith Chakravarti Vemula was an Indian PhD scholar at the University of Hyderabad. From July 2015, the university stopped paying Rohith his monthly stipend of ₹25,000, with friends alleging that he was targeted for raising issues on campus under the banner of Ambedkar Students’ Association (ASA), an Ambedkarite student organization.In his own words Rohith gave up when he realised that “the value of a man was reduced to his immediate identity and nearest possibility. To a vote. To a number. To a thing. Never was a man treated as a mind.

STUDIES RELATED TO HOW DALIT ARE FACING DISCRIMINATION

In modern India, caste specific bias, prejudice and discrimination is still persisting in more implicit, subtle and complex forms. In this regard, few empirical research studies is mentioned below:

• Nambissan and Rao noted that lower caste students and particularly Dalit students face various subtle and explicit forms of discrimination in the institution like IIT. The authors explored the concept of stigma in a context of polluted caste identities and its impact on social relations in the institution.
• Deshpande and Zacharias in 2013 recorded seventeen suicide cases of Dalit students in various elite institution across India which is based on interviews and a compilation of testimonies of families, peers and friends of the deceased students.
• The Thorat committee in 2007 further reported, that around 72 percent of SC and ST students mentioned some forms of discrimination were experienced in classroom. Similarly, approximately 76 percent of the respondents reported that the examiner asked them their caste background and about 88 percent students reported experiences of social isolation in various ways by higher caste peers.
• According to the National Crime Record Bureau, despite the stringent laws to stop caste discrimination and atrocities, the lower caste groups are still experiencing a range of atrocities and discrimination. Statistics of crimes committed against the Dalit showed increased from 39,408 in 2013 to 47,064 in 2014. This is just reported crimes and unreported crimes are probably many times higher.

STEPS TAKEN TO ENSURE EDUCATION TO MARGINALIZED SECTION

• Concept of reservation was introduced: A certain number of seats are reserved for the marginalized castes in public education institutes. Article 16(4) in the Indian constitution, emphasizes that reservation was intended to prevent the formation of caste monopolies in the public sector.
• Addressing untouchability: Article 17 of the Indian constitution outlaws untouchability to address the inherent social evils practiced in the different level of society.
• UGC guidelines: In 2013, the UGC (University Grants Commission) released regulations for the ‘Promotion of Equity in Higher Education Institutions’ where it directed higher education institutions to take measures to safeguard the interests of students without prejudice to their caste. As per the regulations, the institute was supposed to penalize differential and discriminatory treatment based on caste and instate a mechanism through which caste-based discrimination such as revealing someone’s caste, calling a student “reserved category”, separate seating amongst students, or discriminatory grading could be reported.
• Right to Education Act: While the Right to Education Act guarantees education for students aged 6 to 14. However, the quality of that education is usually determined by caste. Students that belong to lower castes receive poor quality and inadequate education in schools that lack basic facilities. This makes it difficult for them to cope at higher levels of education.

CHALLENGES THAT NEEDS TO BE ADDRESSED

• Least enrollment: Across most key fields of study, Dalit enrollment fell short of the mandated quota of 15%, as did scheduled tribe (ST) enrollment (mandated quota of 7.5%). In many large states, including Uttar Pradesh, Bihar, Tamil Nadu and Kerala, fewer than 20% of students enrolled in higher education who were scheduled caste or scheduled tribe. Dalit students formed 11% of the undergraduate and post-graduate enrollment .They made up under 10% of PhD students, but 16% of M.Phil students. When it came to non-degree certification, Dalit students made up 14% of diploma-holders and 13% of certificate-holders.
• High dropout rates: The drop-out rate from IITs is slightly higher among SC students than among forward caste students as the public data journalism portal Factly has found.
• Quota not applicable in private institution: Quotas are applicable only in state-run institutions, and to a limited extent to privately run institutions. In 2006 the then UPA government paved the way for the extension of reservations to private colleges, but there isn’t a binding central law yet. Most technical education private colleges provide reservation under state laws, but by no means is this comprehensive. The lack of the policy of reservation to ensure social justice and representation of the oppressed combined with exorbitant fees makes such private education institutions inaccessible and exclusive.
• Poor performance: Dalit students at IITs have reported facing caste-based discrimination which often led to record poorer academic performances than their forward caste peers even after controlling for socio-economic backgrounds.
• Economic reasons: Weaker economic status is one of the main reason that discourage Dalit students from completing college or university education.
• Upper caste mentality: Anger and resentment of savarna individuals against ‘quota students’ often manifests into a distinctive form of casteism that is rooted in the belief that their opportunities are being wrongfully occupied by undeserving quota students.
• Unconventional ways: Caste-based discrimination in the college campus or classroom is not performed in the manner of conventional untouchability only and India’s tragedy lies in the fact that young people who are privileged enough to acquire so-called modern education are instrumental in or perpetrators of caste oppression.
• Lack of proper policy: The inadequacies of the current legal frameworks and colossal gaps in Several cases have been reported in recent years led to such discrimination and even cases like suicides have been registered after alleged caste-based discrimination and not addressed at the proper time.
• Lack of infrastructure: Neither do most institutes have a functional Equal Opportunity Cell that monitors the implementation of reservations for students and informs them about scholarships nor do they implement reservations for faculty.

THE WAY FORWARD

• Need to be identified and addressed: Experiences of caste-based discrimination are traumatic and harmful and often remain unidentified which needs to be identified, codified, and addressed. Therefore, it is crucial to create a robust mechanism through which all students and faculty can learn to identify and report passive and aggressive caste-based discrimination.
• Need for legislation: There is need for anti-caste-based discrimination legislation to take into account intersectional discrimination which shall provide a direction to address caste-based discrimination both conceptually and operationally, similar to the recent reforms on sexual harassment at workplaces.
• Ensure access to quality education: Access to quality education remains an important factor to attain mobility in terms of finding entry into aspired occupations, in terms of social dignity, and most importantly in terms of breaking down the barriers imposed by the discriminatory practices of caste hierarchies in the Indian context. Access to education matters most for historically marginalized castes because such access can change their job prospects dramatically, and give them a real shot at climbing up the socio-economic ladder, which remains stacked against the less-educated in modern India.
• Proper penalisation: Institutes need to create a mechanism through which caste-based discrimination can be challenged and casteist perpetrators are penalized, thereby securing the interests and welfare of lower caste students and faculty. There is need to treat caste-based discrimination and institutionalized caste-based discrimination as a violation of the constitutional rights of individual students, especially from marginalized castes, tribes and minority communities and not simply as ragging.
• Proper policy and its implementation: According to activists, proper policy-making and proper implementation with appropriate supervision for students in educational institutions as well as ministry level can help bring an end to the discrimination. There is a need of separate legal framework to prevent and respond to caste-based discriminatory practices in educational institutions.
• Need to help marginalised section excel: All educational institutions must be barrier-free in terms of language, caste, class and religion so that the marginalized sections can come up to construct their own merits.
• Need of awareness: There is a need to raise voices and highlight how the caste discrimination continues to happen in the 21st century and in a democratic society. Awareness needs to be created and there is a need for affirmative action so that in society we can bring a change,” According to UGC, all the universities must have student counselors, psychiatric, anti-discrimination and many other facilities.
• Need to change mentality: India is not lacking in laws and policies against discrimination but faith in equality and humanity and our own will and appropriate educational base are urgently needed to fight casteism.

THE CONCLUSION: Modern notion of education is seen as the “great equalizer” and it gives everyone and anyone the “ability to rise” because of their hard work and not their social status. This notion need to be reinforced by strengthening and expanding reservations for socially disadvantaged communities, implementing the various reports and regulations of the past while infusing the study of humanities into technical courses of medicine and engineering to sensitize society and institutions which shall translate the constitutional notions of transformative justice and substantive equality into practice.

MAINS QUESTIONS

1. Quota policy of the constitution has been an effective instrument for the lower caste students to access higher education in India and ending discrimination faced by them. Critically examine.
2. Discuss about position of lower caste people in higher education institutions and what are the steps taken by Government to ensure their presence and the issues involved.

THE CONTEXT: Recently, on the occasion of the 74th Republic Day, the President of Egypt was invited as the chief guest at the parade, this is the first time that an Egyptian President has been accorded this honour.

INDIA-EGYPT RELATIONS

The Evolution

• The history of contact between India and Egypt, two of the world’s oldest civilizations, can be traced back to at least the time of Emperor Ashoka. Ashoka’s edicts refer to his relations with Egypt under Ptolemy-II.
• In modern times, Mahatma Gandhi and the Egyptian revolutionary Saad Zaghloul shared the common goal of independence from British colonial rule.
• The joint announcement of establishment of diplomatic relations at Ambassadorial level was made on 18 August 1947.
• The two countries have had diplomatic ties for over 70 years, with India opening its embassy in Cairo in 1951, and Egypt opening its embassy in New Delhi in 1955. The relationship between India and Egypt is built on mutual respect, shared cultural heritage, and a common desire for peace and prosperity.
• India and Egypt signed a friendship treaty in 1955. In 1961, India and Egypt along with Yugoslavia, Indonesia and Ghana established the Non-Aligned Movement (NAM).
• In 2016, the joint statement between India and Egypt identified political-security cooperation, economic engagement and scientific collaboration, and cultural and people-people ties as the basis of a new partnership for a new era.

INDIA-EGYPT RELATIONS: PERSPECTIVES

Cultural Relations:

• India and Egypt share a rich cultural heritage dating back thousands of years. The two countries have had trade relations and cultural exchange since ancient times. Egyptian civilization has always held a fascination for Indians, with many Indians traveling to Egypt to see the ancient pyramids and temples. Similarly, Indian culture, music, and films have also gained popularity in Egypt. The two countries have also collaborated on archaeological excavations, with Indian archaeologists working on sites in Egypt. The Maulana Azad Centre for Indian Culture (MACIC) was established in Cairo in 1992. The centre has been promoting cultural cooperation between the two countries.

Political Relations:

• India and Egypt have maintained close political relations over the years, with both countries working together to strengthen regional and global peace and security. The two countries have collaborated in various multilateral forums, including the United Nations, the Non-Aligned Movement, and the G-77 group of developing countries. India and Egypt have also been involved in joint military exercises, and India has been providing training to the Egyptian military.

Economic Relations:

• India and Egypt have a strong economic partnership, with bilateral trade between the two countries crossing $3 billion in 2020. India is Egypt’s 10th largest trading partner, and Egypt is India’s 43rd largest trading partner. The main items of trade between the two countries include textiles, chemicals, pharmaceuticals, and engineering goods. In addition, there are significant investments from both countries in the other, with Indian companies investing in Egypt’s oil and gas sector, and Egyptian companies investing in India’s IT and real estate sectors.

Development Partnership:

• India and Egypt have also collaborated on various development projects in Africa, which is a common area of interest for both countries. The two countries have been working together to promote infrastructure development and capacity building in African countries, especially in the areas of education, health, and information technology.

INDIA AND EGYPT: COLLABORATIVE APPROACH IN AFRICA

India and Egypt have a history of collaborating on development projects in Africa, leveraging their respective strengths in areas such as infrastructure, healthcare, education, and agriculture. Some of the major development projects that India and Egypt have worked on in Africa are:

• Pan-African e-Network Project: India and Egypt jointly launched the Pan-African e-Network Project in 2007, which aims to provide tele-education and telemedicine services to African countries. The project uses satellite and fiber-optic networks to connect African countries with Indian experts in various fields, providing access to high-quality education and healthcare services.
• Nile Basin Initiative: India and Egypt have been collaborating on the Nile Basin Initiative, which aims to promote sustainable development and management of the Nile River Basin, which is a critical resource for several African countries. The initiative focuses on areas such as water management, irrigation, and hydropower development, and has helped to strengthen regional cooperation among African countries.
• Agriculture and Food Security: India and Egypt have been working together to enhance agricultural productivity and food security in African countries, through initiatives such as the India-Africa Agriculture and Dairy Development Program. Under this program, India has provided training and capacity-building support to African farmers and technicians, helping to improve crop yields and reduce post-harvest losses.
• Healthcare Infrastructure: India and Egypt have also collaborated on building healthcare infrastructure in Africa, through initiatives such as the India-Africa Institute of Information Technology (IAIIT). The IAIIT is a joint initiative between India and Egypt that provides training and education in healthcare information technology, helping to improve healthcare delivery and management in African countries.
• Solar Energy: India and Egypt have collaborated on solar energy projects in Africa, with the aim of promoting clean energy and reducing carbon emissions.

SIGNIFICANCE OF RECENT VISIT OF EGYPTIAN PRESIDENT TO INDIA

Key highlights of the recent visit

• During this year’s meeting, both India and Egypt agreed to elevate the bilateral relationship to a “strategic partnership”.
• The strategic partnership will have broadly four elements: political, defence, and security; economic engagement; scientific and academic collaboration; cultural and people-to-people contacts.
• India and Egypt signed a Memorandum of Understanding (MoU) for three years to facilitate content exchange, capacity building, and co-productions between Prasar Bharati and the National Media Authority of Egypt.
• Under the pact, both broadcasters will exchange their programmes of different genres like sports, news, culture, entertainment on bilateral basis.

The visit of the President of Egypt to India can expand India’s strategic horizons in several ways:

• Strengthening India-Egypt ties: The visit can help deepen India’s partnership with Egypt, which is a key player in the African continent. India can leverage its close ties with Egypt to explore new opportunities for collaboration with other African countries.
• Access to African markets: India can use Egypt as a gateway to access African markets. Egypt has strong economic ties with several African countries, and India can benefit from this by expanding its exports to these markets.
• Infrastructure development: India and Egypt can explore joint initiatives to invest in infrastructure projects in Africa, such as roads, railways, and ports. This can not only enhance connectivity within Africa but also provide opportunities for Indian companies to participate in these projects.
• Defense cooperation: India and Egypt can explore opportunities for defense cooperation in Africa, such as joint training programs, supply of defense equipment, and sharing of intelligence. This can help India expand its presence in the region and counter China’s growing influence.
• Human resource development: India can provide technical assistance and training to African countries through its partnerships with Egypt. This can help build human resource capacity in key sectors such as agriculture, health, and education.
• A Partner within the OIC: India views Egypt as a moderate Islamic voice among Muslim-majority countries, and as a partner within the Organization for Islamic Cooperation (OIC).
• Terrorism &Defence: During this Republic Day meeting, India and Egypt expressed concerns about the spread of terrorism around the world as it is the most serious security threat to humanity. Consequently, the two countries agreed that concerted action is necessary to end cross-border terrorism.

Egypt as a gateway for Africa and the Arab world to India

• Egypt is one of the countries that has many free trade agreements with many countries, as it has FTA with the EU, Arab world and the whole of Africa.
•  So, by coming to Egypt, India will be able to reach and get duty free access to all these markets in the region.
• By virtue of its location, it is very important for India to secure a place in Egypt for the kind of opportunity India will have.
• The many incentives provided for investors in the Suez Canal economic zone, has proven to be an attractive location for foreign investors.
• Egypt is inviting foreign investors, who really have interest in trapping markets of EU, Africa, Middle east, to come to Egypt, enjoy access to these regions and strategic locations.

CHALLENGES FOR INDIA-EGYPT RELATIONS

• Egypt’s economy has been in chaos over the past few years due to the pandemic and the Russia-Ukraine war which impacted its supply of food as almost 80% of Egypt’s grain imported from Rusia and Ukraine and impacted Egypt’s foreign exchange reserves. In 2022, despite restrictions on the export of wheat, India allowed shipments of 61,500 metric tonnes to Egypt.
• From India, Egypt is seeking investments in infrastructure including Metro projects, a Suez Canal economic zone, a second channel of the Suez Canal, and a new administrative capital in Egypt. More than 50 Indian companies have invested more than USD 3.15 billion in Egypt.
• China’s bilateral trade with Egypt is currently at USD 15 billion, double that of India’s USD 7.26 billion in 2021-22. During the past eight years, the President of Egypt has traveled to China seven times to lure Chinese investments.
• Egypt, the most populous country in West Asia, occupies a crucial geo-strategic location — 12% of global trade passes through the Suez Canal and is a key player in the region. It is a major market for India and can act as a gateway to both Europe and Africa. However, it also has bilateral trade pacts with important West Asian and African nations which is a cause of concern for India.

THE WAY FORWARD

• Economic cooperation: India and Egypt should focus on enhancing their economic cooperation by exploring new avenues for trade and investment. Both countries can work towards identifying sectors where they can collaborate, such as agriculture, pharmaceuticals, and renewable energy. The two sides should also work towards a free trade agreement (FTA) to boost bilateral trade.
  Security cooperation: India and Egypt should enhance their cooperation on counter-terrorism and security issues. Both countries have faced terrorist threats and can benefit from sharing intelligence and expertise in this area.
• Diplomatic cooperation: India and Egypt should continue to strengthen their diplomatic cooperation by supporting each other in international forums. Both countries have shared interests in promoting peace and stability in the Middle East, Africa, and other regions of the world.
• Multilateral engagement: India and Egypt should engage in multilateral forums like the United Nations, Non-Aligned Movement, and BRICS to advance their common interests and concerns. By working together, both countries can amplify their voices on global issues and contribute to the development of the international community.

THE CONCLUSION: India and Egypt have historically enjoyed a close and friendly relationship, with diplomatic ties dating back to the 1950s. India-Egypt relations are marked by a shared cultural heritage, political cooperation, economic ties, and a desire to work together for regional and global peace and security. The two countries have been working closely to strengthen their partnership in various fields, and there is a lot of potential for further cooperation in the years to come.

Questions

• “Over the last few years, Egypt has emerged as a central player in developments in West Asia, the Red Sea, the Horn of Africa, and African affairs in general.” In the light of the statement, discuss how India can avail access to economic and strategic potential of these regions through Egypt.
• Egypt can be a gateway to Africa and the Arab world to Indian interests. Examine.

THE CONTEXT: The 83rd Conference of All India Presiding Officers was held in Rajasthan after eleven years. The All India Presiding Officers’ Conference (AIPOC) is the apex body of the Legislatures in India that completed its hundred years in 2021. The Vice President & Rajya Sabha Chairman addressed the inaugural session of the 83rd All India Presiding Officers’ Conference in Jaipur on 11th January 2023.

OUTCOMES OF THE CONFERENCE

The 83rd session has focused on the following themes of contemporary relevance in its day-long discussions-

• The leadership of India in G-20 as the mother of democracy
• The need to make Parliament and Legislature more Effective, Accountable and Productive
• Integration of State Legislatures with Digital Parliament
• The need to maintain a harmonious relationship between the Legislature and the Judiciary in accordance with the spirit of the Constitution.

THE ANALYSIS OF THE ABOVE THEMES

1. LEADERSHIP OF INDIA IN G-20 AS THE MOTHER OF DEMOCRACY

EMPHASIS IN THE CONFERENCE REGARDING LEADERSHIP OF INDIA IN G-20

• Vice President, In his speech, acknowledged the significance India’s Presidency of G20 holds for the country and also the world. He said, “India is privileged to be heading G20 at a critical time and the session will focus on the Leadership of India in G20 as the mother of democracy.”
• Our age-old ethos, Vasudhaiva Kutumbakam, inspires India. India has given New Mantra for sustainable development and inclusive prosperity of the world: One Earth, One Family, One Future.
• For India, the G20 Presidency also marks the beginning of “Amritkaal”, the 25-year period beginning from the 75th anniversary of its independence on 15 August 2022, leading up to the centenary of its independence, towards a futuristic, prosperous, inclusive and developed society, distinguished by a human-centric approach at its core.

INDIA’S G20 PRIORITIES

1. Green Development, Climate Finance &LiFE: India offers the world LiFE (Lifestyle for Environment) -a behaviour-based movement that draws from our nation’s rich, ancient sustainable traditions to nudge consumers, and in-turn markets, to adopt environmentally-conscious practices.
2. Accelerated, Inclusive & Resilient Growth :  India aims to focus on areas that have the potential to bring structural transformation. This includes an ambition to accelerate integration of MSMEs in global trade, bring in the spirit of trade for growth, promote labour rights and secure labour welfare, address global skills gap, and build inclusive agricultural value chains and food systems etc.
3. Accelerating progress on SDGs: India acknowledges the detrimental impact of COVID-19, which changed the current decade of action into a decade of recovery. In line with this perspective, India wants to focus on recommitting G20’s efforts to achieving the targets laid out in the 2030 Agenda for Sustainable Development.
4. Technological Transformation & Digital Public Infrastructure: As G20 Presidency, India can foreground its belief in a human-centric approach to technology, and facilitate greater knowledge-sharing in priority areas like digital public infrastructure, financial inclusion, and tech-enabled development in sectors ranging from agriculture to education
5. Multilateral Institutions for the 21st century: India’s G20 priority will be to continue pressing for reformed multilateralism that creates more accountable,inclusive just, equitable and representative multipolar international system that is fit for addressing the challenges in the 21st century.
6. Women-led development: India hopes to use the G20 forum to highlight inclusive growth and development, with women empowerment and representation being at the core of India’s G20 deliberations. This includes a focus on bringing women to the fore and in leading positions to boost socio-economic development and achievement of SDGs.

2. THE NEED TO MAKE PARLIAMENT AND LEGISLATURE MORE EFFECTIVE, ACCOUNTABLE AND PRODUCTIVE

RESOLUTION PASSED

• Resolutions were passed for the effectiveness of the Parliament:
• A resolution called for the introduction of a code of conduct for MLAs and MPs to check indecorous and unparalleled conduct.
• A code of conduct for members to be introduced in the rules for an effective check against indecorous and unparalleled conduct.
• In a separate resolution, the presiding officers underlined the need for consensus among political parties for not disrupting the House during Question Hour.
• It was also resolved that the rules of procedure and the conduct of the business of legislative bodies should be comprehensively reviewed.
• In another resolution, it was proposed that model uniform rules should be formulated by incorporating the best practices to ensure the productive functioning of the Houses of the legislature.

CONCERN

• Lack of optimisation of the contribution of the elected representatives in Parliament and Legislature for the welfare of the people.
• There has been shrinking time of debate and discussion in the house. Lok Sabha’s productivity or time utilisation dropped to 88% in the last winter session and to just 47% in the 2022 monsoon session from 123% in last year’s budget session. The Lower House witnessed heavy disruptions from the Opposition benches in the previous two sessions. In the 2021 monsoon session, the Lok Sabha could utilise only 21% of its allotted time.
• Disruption of the House is used as a political tool for the members of legislatures

THE WAY FORWARD

• Speaker represents dignity of house, freedom of the house and in a way freedom & liberty of nation. Hence, her position to be free, honored occupied by persons of outstanding ability &impartiality
• Presiding officers hold august offices; in this capacity, they are not political stakeholders. Thus, a good perception should be built among the people of the country about the presiding officers. Members of the parliament and legislature houses should improve their conduct and beliefs.
• Presiding Officers should consider encouraging those lawmakers who participate in debates in the House and also prepare an action plan to act against those members who constantly obstruct the House’s proceedings, so that the House’s dignity is not compromised.
• There should be no disruptions during Question Hour, the period for all lawmakers to seek answers from ministers, and linked parliamentary functioning to India’s goals during the “Amrit Kaal”, or the coming 25 years in the run-up to 2047.

SUPREME COURT JUDGEMENTS

• In Jagjit Singh case – SC noticed issues with speaker’s impartiality and concerns regarding her decisions in certain matters in capacity as a tribunal
• Keisham Meghachandra Singh case (2019) – Parliament to rethink vesting powers in 10th schedule to Speaker as she belongs to Political parties either dejure or defacto. Further serious consideration by Parliament maybe made with respect to the Constitutional Amendment to form permanent Tribunal with retired SC/HC judges or some other outside mechanism for the same purpose.

3. INTEGRATION OF STATE LEGISLATURES WITH DIGITAL PARLIAMENT:

e-Parliament or Digital Parliament is defined as the use of ICTs in parliamentary institutions to enhance and strengthen their core functions and operations.

SIGNIFICANCE

• e-Parliament helps promote e-Democracy and encourages citizens’ participation in the democratic and socio-economic platforms.
• It helps in strengthening the interaction endeavors between the members of parliament and the general citizens.
• Besides this it also facilitates efficient public service delivery, enhances social inclusion, allows transparency in the public service, and facilitates cost savings in government’s bid to involve citizens in its governing processes.

Significance of Integration of State Legislatures with Digital Parliament:

This will ensure a quick and easy exchange of information and innovations in the country’s legislative bodies. This will also increase the efficiency and quality of communication between the legislators and the public.

• It will also facilitate cooperative federalism.
• Easy communication between the centre and State

It also confirmed that all legislatures would work towards joining the National Digital Grid for Legislative Bodies.

4. THE NEED TO MAINTAIN A HARMONIOUS RELATIONSHIP BETWEEN THE LEGISLATURE AND THE JUDICIARY IN ACCORDANCE WITH THE SPIRIT OF THE CONSTITUTION.

THE THEME EMPHASISED IN THE CONFERENCE

In the Conference the separation of power was emphasised-

• The resolution recognised the separate powers of the judiciary and legislature.
• It said that each should respect the boundaries provided by the Constitution.
• While reposing confidence in the principle of separation of powers, it exhorted all organs of the state to respect the Constitutional boundaries enshrined in the Constitution of India.
• Constitution has defined the responsibilities and authority of the legislature, judiciary, and executive. “It is necessary that these three organs work in a harmonious manner as per the spirit of the Constitution.”
• The resolution reaffirmed its complete faith in the primacy of the people of India in law-making through the legislative bodies of the nation.

ANALYSIS

• It was highlighted that there Is parliamentary Supremacy and it is the only institution for law-making. Vice President cautioned against “one upmanship” and “public posturing from judicial platforms”. He expressed his disagreement with the Supreme Court’s 1973 decision in the Kesavananda Bharati case in which the court said the Parliament had the right to amend the Constitution, but not its basic structure.
• In the conference, it was expressed that  in the democratic setup, the legislature is supreme. It has the right to make laws and because of that, it is an expectation that all institutions remain within their limits. It was said that the judiciary does not have the power to make laws, it can scrutinise after the law is legislated.
• The argument that Parliament’s sovereignty and autonomy cannot be permitted to be qualified or compromised as it is quintessential to the survival of democracy is a flawed argument. In India’s, parliamentary setup constitution is supreme rather than parliament.
• All India presiding officer reaffirmed its complete faith in the primacy of the people of India in law-making through the legislative bodies of the nation and while reposing confidence in the principle of separation of powers, exhorts all organs of State to respect the Constitutional boundaries enshrined in the Constitution of India.
• Vice-president was referred to the Supreme Court’s rejection of the National Judicial Appointments Commission law. “No institution can wield power or authority to neutralise the mandate of the people,” Vice -president, while saying a landmark 1973 judgment that set the “basic structure” argument to judge laws through a constitutional prism set a “bad precedent” by effectively curtailing the power of the legislature. It was held that judiciary need “to confine to its limits prescribed in the Constitution and  expected to follow the principle of separation and balance of powers conferred by the Constitution among all institutions while exercising its constitutional mandate.”
• In the nutshell, it was said that judicial legislation is antithetical to separation of power. But it has to be recognised that judiciary is the ultimate protector and interpreter of the Constitution and it has been granted power under article 13 for judicial review in which it protect the Constitution from executive and legislative leviathan(legislative and executive overreach).
• Unlike the British Parliament which is a sovereign body (in the absence of a written constitution), the powers and functions of the Indian parliament and State legislatures are subject to limitations laid down in the Constitution. The Constitution does not contain all the laws that govern the country. Parliament and the state legislatures make laws from time to time on various subjects, within their respective jurisdictions. The Constitution provides the general framework for making these laws. Parliament alone is given the power to make changes to this framework under Article 368. Unlike ordinary laws, amendments to constitutional provisions require a special majority vote in Parliament.
• Supreme Court also plays important role in protecting the federal structure of the Constitution In the SR Bommai case it recognised federalism as the basic structure of the Constitution. In a series of judgements, Supreme Court protected the rights of States in India by declaring null and void parliamentary overreach e.g. from colourable legislation.
• Parliament – a majesty which represents people, has been reduced to a handmaiden of the ruling party. Democracy demands power to be vested in institutions and exercised according to procedures. But the populist embodies in his corporeal body the people and the country, the nation and the government. Populists do not tolerate criticism from individuals and forums of deliberation like the Parliament.

THE WAY FORWARD

• India is not only a democratic setup but also a constitutional setup, where the Constitution is supreme, whether it is legislature or judiciary the Constitution binds them. Fusion of power is the basic feature of the Indian Constitution rather than the strict separation of power. It is based on the Philosophy of checks and Balances that decreases the misuse of power.
• Supreme Court also observed it in the Indira Gandhi vs Raj Narain, 1975 case that the Separation of power in India was limited and in a broad sense only. A rigid separation of power under the American Constitution does not apply to India.
• In this context it is necessary that the executive, legislature and judiciary should “work in harmony, trust and balance, maintaining each other’s jurisdiction” to protect constitutional morality. In the current scenario, there is a need for more accountable and responsible parliament.
• Thus instead of criticism of the judiciary, there is need to relook and reform the parliamentary system. In this context there is need for government responsible to the people and Constitution. All the constitutional dignitaries should respect the dignity of the post.

Mains Question

1. In the debate of the supremacy between the Executive and Judiciary, there is a need to recognise the supremacy of the Constitution in Indian Polity. Discuss
2.  The speaker plays an important role in maintaining the dignity of the parliament and State Legislative assemblies. Analyse.

THE CONTEXT: As India prepares for its next Census, the Delimitation of Lok Sabha seats and the distribution of central funds to states based on the population has become a point of concern. Southern states, which have implemented family planning programs more effectively than Northern states, may be unfairly treated in this process. Another issue is of dismissing of petition by Supreme Court which challenged the delimitation exercise carried out for redrawing the Legislative Assembly and Lok Sabha constituencies in the Union Territory of Jammu & Kashmir. In this regard, this article will discuss the process of Delimitation, its historical background, related issues and measures that need to be taken to resolve the issue.

ISSUE RELATED TO JAMMU KASHMIR DELIMITATION

PETITIONER STAND

• Petitioners had contended that the delimitation exercise was in violation of the scheme of the Constitution of India, especially Article 170(3), which had frozen delimitation till the first census after 2026. He had argued that the delimitation exercise was being carried out in the teeth of constitutional and statutory provisions.
• It had had emphasized that post 2008, all delimitation related exercise can be carried out only by the Election Commission and not a Delimitation Commission.

COUNTER ARGUMENT BY CENTRE GOVERNMENT

• Centre Government argued that the legislature intended the first delimitation to be undertaken by a Delimitation Commission and not the Election Commission as it is busy holding election.
• Centre had said the Jammu and Kashmir Re-organisation Act does not preclude the establishment of a Delimitation Commission by the Central Government and provides for two alternative mechanisms to carry out delimitation for the Union Territory.
• On the legality of the Centre setting up a Delimitation Commission by notification dated March 6, 2020, the bench said “the J&K Reorganization Act, which created the two new Union territories, assigns the role of readjustment of constituencies to the Delimitation Commission under the Delimitation Act, 2002”.
• Supreme Court, on Monday, dismissed a petition which challenged the delimitation exercise carried out for redrawing the Legislative Assembly and Lok Sabha constituencies in the Union Territory of Jammu & Kashmir

WHAT IS DELIMITATION?

• Delimitation is the process of fixing limits or boundaries of territorial constituencies in a country to reflect changes in population.
• The main objective is to follow the principle of “One Vote One Value” and ensure a fair division of geographical areas to prevent any political party from having an advantage in an election.
• It allows for the legitimate transferability and visibility of votes within the larger democratic scheme.

Delimitation Commission

• The Delimitation Commission Act was established in 1952 and allowed the Union government to set up a Delimitation Commission as needed.
• The Union government sets up Delimitation Commission after every Census, as per the provisions of the Delimitation Commission Act and the Constitution of India (Articles 82 and 170).
• The Delimitation Commission in India is appointed by the President of India and works in collaboration with the Election Commission of India.
• The Commission is composed of a retired Supreme Court judge, the Chief Election Commissioner, and the respective State Election Commissioners.
• Its functions include determining the number and boundaries of constituencies to make the population of all constituencies nearly equal and identifying seats reserved for Scheduled Castes and Scheduled Tribes where their population is relatively large.
• In case of a difference of opinion, the opinion of the majority prevails and the Commission’s orders have the force of law and cannot be challenged in court.

How is Delimitation done?

• According to Article 82 of the Constitution, Parliament enacts a Delimitation Act after Census that is held every 10 years. The Union government then constitutes a Delimitation Commission headed by a retired Supreme Court judge. The Commission examines population data, existing constituencies, the number of seats to be analyzed, holds meetings with all the stakeholders and submits its recommendation to the government.
• The draft report of the Delimitation Commission is published in the Gazette of India, the official gazettes of the states concerned and at least two vernacular publications seeking feedback from the general public.

WHAT IS THE DEBATE NOW?

POTENTIAL IMPACT OF DELIMITATION ON THE 2031 CENSUS:

2019 research paper “India’s Emerging Crisis of Representation” speculates potential impact of Delimitation on the allocation of seats in India’s parliament. According to the paper, if the Delimitation is carried out based on the 2031 Census, states in the north such as Bihar and Uttar Pradesh are expected to gain 21 seats, while southern states like Tamil Nadu and Kerala may lose 16 seats.

PERFORMANCE OF SOUTHERN STATES

The economic situation of the Southern states has improved significantly in recent years, with a significant reduction in poverty and an increase in income levels. The combined GDP of just three states, Karnataka, Kerala, and Tamil Nadu is greater than 13 states in the East. In terms of educational and health outcomes, the southern states have performed better compared to the northern states, with a higher proportion of graduates and better learning outcomes.

LOSS OF FUNDS AND REPRESENTATION TO SOUTHERN STATES

Concerns were raised about southern states losing funding and representation in parliament after the 15th Finance Commission used the 2011 Census as a basis for its recommendations. Implementing effective family planning programs has led to a lower population growth rate in Southern states compared to Northern states, which could result in a smaller share of central funds and fewer Lok Sabha seats for Southern states in the delimitation exercise

DEMAND OF SOUTHERN STATES

Southern states argue that they should be recognised and rewarded for their efforts to control population growth, rather than penalized for their success, as  better educational and health outcomes in the Southern states imply a better ability to discern and make decisions, and a higher expectation for better public services and governance.

HISTORICAL CONTEXT

• Constitutional provisions: The Constitution under Article 82 and 83 provides for consistent delimitation exercises, every 10 years, post every Census. It coupled with providing the power to legislate matters related to Delimitation under Article 327, which is not subject to judicial review.
• Four delimitation commissions have been set up, in 1952, 1963, 1973, and 2002, under the Acts of 1952, 1962, 1972, and 2002, respectively. The first delimitation exercise was carried out by the President, with the assistance of the Election Commission, in 1950-51.
• Freezing till 2001: Post the setting up of three delimitation commissions until 1972, the Union Government, led by the Indian National Congress with Indira Gandhi at the helm, imposed a freeze on this delimitation exercise till the year 2001 under the 42nd Constitutional Amendment.
• Freezing till 2026: In 2001, the year the freeze on Delimitation was supposed to expire the then ruling National Democratic Alliance (‘NDA’)-run Union Government, which had a clear political incentive to have resumed Delimitation, extended the freeze till 2026 with identical justifications. According to the Constitution (84th Amendment) Act, 2002, there is a freeze on readjustment of constituencies till the first Census after 2026.
• In 2008, it seemed to be reverting the freeze on Delimitation, but it was masked by a deliberate and inconsistent approach to only remove the freeze for the SC and ST seats and adjust them according to the 2001 Census in 2008 via the Election Commission’s Delimitation of Parliamentary and Assembly Constituencies Order, 2008 one of the most structurally intuitive appeasement policies till date.
• The rationale given by the Centre in the past to postpone the demand for a delimitation exercise till 2026 was the freeze after the last population-based Delimitation in the country was held in 1971. The Centre said the next delimitation exercise in the country cannot be held until the first Census after 2026. This in effect meant that the next Delimitation can be carried out only according to the 2031 census . This position flows from the 84th amendment of the Constitution, passed when late Atal Bihari Vajpayee was leading the NDA government. However, nothing stops the government from amending the Constitution further to prepone the delimitation process to any time before 2026.

ANALYSIS OF THE ISSUE

FREEZING TILL 2026

Seeing that a delimitation based on census data would create a political anomaly, Prime Minister Indira Gandhi, through the 42nd Amendment of the Constitution in 1976, froze the process. Through the 84th Amendment, Prime Minister Vajpayee froze it again till 2026.

POPULATION-BASED DELIMITATION

The delimitation process gives such a population-based marking out or re-arrangement of constituencies as more MPs to the states and Union territories that have that more population.

PUNISHING SUCCESSFUL STATES

It was disproportionately punishing states that were successful in their implementation of the Family Policy initiatives. The inherent problem with this line of argumentation is that it fails to adequately weigh one aspect of State policy (that is, population control) along with denying the basic foundational principle of democracy, which is effective and proportional representation.

LACK OF PARAMETERS

There is a complex intersection of historical, economic and social contexts, there is a lack of parameters in which such policies are meant to be enforced particularly and need of sensitization or monitoring of supplementary policies. For instance, parameters such as  literacy and female education can lead to desired family size and population control.

SHADOWED POLITICAL INTERESTS

Some vested Political interest is to create north-south divide for political gains

NORTH SOUTH DIVIDE IN ELECTORAL REPRESENTATION

It is argued that the distribution of parliamentary constituencies in India favours populous states such as Uttar Pradesh and Bihar, while southern states like Tamil Nadu, Andhra Pradesh, and Karnataka have fewer seats. If Delimitation takes place, southern states will likely experience a reduction in the number of seats allocated to them compared to the northern states. Hence, when considering electoral representation, the quality of the people should be given more importance than just the number of people.

POLICYMAKERS NEED TO CONSIDER CHANGES

Delimitation has been frozen since 1976, and if it is carried out after 2031, policymakers will need to consider the demographic and political changes that have taken place in the country over the past 60 years.

Delimitation exercise that adds electoral value to one set of states while depleting representative value to another is, to use a phrase coined by Amartya Sen in another context, ‘valuationally gross’. It cannot but be seen as an unfair punishment where there should be a deserved reward.

ISSUES RELATED TO DELIMITATION

• North-South imbalance: It will potentially shift power away from the South towards the north and create a north south imbalance in electoral representation.
• Affect Representation of Women: The delimitation exercise is also going to deepen the representational disadvantage faced by women, because population-controlling states are also those where the women of India have played a decisive role in that achievement and where their role in the process of elections and representation has been critical.
• Affect Representation of SC/ST: It will also affect the allocation of seats reserved for Scheduled Castes and Scheduled Tribes (SC/ST).
• Penalize better performing states: It could penalize better performing states in demography or economy as southern states by giving them lower representation.
• Impact voter’s right: It could affect individual voter’s rights as voters in southern states will automatically have less power than voters in northern states as there will be lesser representation of southern states.
• Impact electoral process: The process could harm the electoral process as cause vulnerability and affect the democratic and political fabric of a country due to partisan politics, vested interests, and the unchecked power of political parties that have the ability to dilute constitutional safeguards.

THE WAY FORWARD

• Finding alternatives: There are two alternative:
• This time freeze is not for any specific period but till such time as all states achieve population stabilisation.
• Demographic and statistical experts had devised a mathematical model along the lines of the ‘Cambridge Compromise’ based on a mathematically equitable ‘formula’ for the   apportionment of the seats of the European Parliament among the member states. Its recommendation can be considered as increasing the total number of seats in Parliament to ensure that no state loses the seats it already has.
• Population control: It has been suggested that improved awareness and better implementation of family planning programmes such as Mission Parivar Vikas have helped bring India’s overall fertility rate closer to replacement levels in northern states.
• Reap Demographic dividend: India must invest in health, nutrition, education, skilling and employability before the window of opportunity closes.
• Gradual acceptance for change: Gradual acceptance for change and lesser number of seats to give up or receive per state, The overarching theme that connects these observations is that one could argue that the ability to have been receptive to such changes through Delimitation may have been better accepted by political parties, voters and other related stakeholders through a phase-out mechanism.
• Better tracking and scrutiny of developmental indicators: There is a need for better tracking and scrutiny of developmental indicators, population control measures, and outcomes and rationale within the spaces of the Parliament and state legislatures.
• Devising an alternative formula: There is a need of devising an alternative formula taking into account the disparity created between the imposition on states to legislate and enforce population control mechanism, progress made retrospectively over the last 50 years, that is, between the 1971 and 2021 Censuses, along with their current position.

THE CONCLUSION: There is an immediate need for policy and legislative change in the most appropriate manner where Delimitation needs to be resumed with respect to extensive structural changes over the past 50 years. There is a need to tackle the electorate to lobby and preserve the constitutional sanctity and federal character of this country and must continue to enrich our legislative and parliamentary processes.

MAINS QUESTIONS

1. India is a federation where states are important political units of the union. However, the new delimitation exercise is creating north-south divide in electoral representation. Discuss.
2. Explain the Delimitation process and how it shaped Indian democracy and demography over the years.

THE CONTEXT: The appointment of Mr. Justice S. Abdul Nazeer, former judge of the Supreme Court, as the Governor of Andhra Pradesh and the reshuffling of governors in some states seemed to raise the question of cooling off period for government officials once again. In this regard, this article will discuss various provisions related to the cooling off period of government officials, its need and issues related and measures that need to be taken to ensure the transparency and independence of the government institutions.

WHY IS THE APPOINTMENT OF JUSTICE S. ABDUL NAZEER OBJECTIONABLE?

• Appointment of former Supreme Court judge S Abdul Nazeer as the governor of Andhra Pradesh, within 40 days of his retirement from the top court drew mixed reactions.
• Justice Nazeer was involved in several cases that were of importance to the current Union government, including the Ayodhya title suit and he also headed the bench that upheld the Centre’s demonetisation policy of November 2016 and was also part of a constitution bench that held no further restriction can be added to the right to free speech under Article 19(1)(a) of the Constitution.
• Although, there is no provision in law restricting a retired top court judge from holding the post of a governor and it is not the first time that a former Judge of the Supreme Court has been appointed as the Governor of a state but this is the first time that a former Judge of the Supreme Court has been appointed so soon after his or her retirement.
• A longer cooling-off period can help to avoid criticism and help rebuild the trust.

VARIOUS PROVISIONS RELATED TO THE COOLING-OFF PERIOD OF GOVERNMENT OFFICIALS

WHAT IS THE COOLING-OFF PERIOD?

• Cooling off period refers to a period during which an employee is prohibited from securing commercial employment before completion of one year from the date of retirement without the approval of the central government.
• Post-retirement commercial employment for the three All India Services (IAS, Indian Police Service, and Indian Forest Service) is covered under the AIS Death-cum-Benefits Rules, and for the Central Civil Services under the CCS (Pension) Rules.
• Rule 9 of the CCS (Pension) Rules states that “if a pensioner who, immediately before his retirement, was a member of Central Service Group ‘A’ wishes to accept any commercial employment before the expiry of one year from the date of his retirement, he shall obtain the previous sanction of the government to such acceptance”.
• Rule 26 of the AIS Death-cum-Benefits Rules similarly restricts a pensioner from commercial employment for one year after retirement, except with government sanction.
• Non-compliance with these rules can lead to the government declaring that the employee “shall not be entitled to the whole or such part of the pension and for such period as may be specified.

WHAT DOES “POST-RETIREMENT COMMERCIAL EMPLOYMENT” INCLUDE?

• Employment in any capacity including that of an agent, under a company, co-operative society, firm or individual engaged in trading or business (this does not include “employment under a body corporate, wholly or substantially owned or controlled by the Central Government or a State Government)”.
• Setting up practice, either independently or as a partner of a firm, as adviser or consultant in certain matters specified under the rules, including matters that are relatable to the pensioner’s official knowledge or experience.

WHEN DOES A GOVERNMENT ALLOW OR TURN DOWN SUCH REQUESTS FROM PENSIONERS?

The CCS (Pension) Rules specify several factors for the government to consider while granting or refusing permission; these include:

• Whether a “no-objection” for the proposed employment has been obtained from the cadre controlling authority and from the office where the officer retired
• Whether the officer has been privy to sensitive or strategic information in the last three years of service that is directly related to the work of the organization he proposes to join.
• Whether there is conflict of interest between the policies of the office he has held in the last three years and the interests/work of this organization;
• Whether this organization has been in conflict with or prejudicial to India’s foreign relations, national security and domestic harmony
• Whether the organization he proposes to join is undertaking any activity for intelligence gathering.
• According to these rules, “conflict of interest” does not include normal economic competition with the government or its undertakings”.

WHAT ABOUT GOVERNMENT SERVANTS JOINING POLITICS AFTER RETIREMENT?

• While in service, the Conduct Rules bar government servants from being associated with any political party or organization, and from taking part in or assisting any political activity. An amendment on November 27, 2014, added a few clauses to Rule 3(1), one of which read: “Every government employee shall at all times maintain political neutrality and commit himself to and uphold the supremacy of the Constitution and democratic values”.
• There is no rule, however, to stop government servants from joining politics after retirement. In 2013, the Election Commission had written to the Department of Personnel and Training (DoPT) and Ministry of Law, suggesting a cooling-off period for bureaucrats joining politics after retirement, but it was rejected. The Legislative Department of the Ministry of Law advised that any such restriction may not stand the test of valid classification under Article 14 of the Constitution, and the DoPT told the EC that its suggestions might not be appropriate and feasible.

IS A RETIRED GOVERNMENT SERVANT RESTRICTED FROM TAKING UP EMPLOYMENT?

• Rule 26, Death-cum-Retirement Benefits Rules, restricts a pensioner from any commercial employment for one year after retirement, except with the previous sanction of the central government. Non-compliance can lead the central government to declare that the employee “shall not be entitled to the whole or such part of the pension and for such period as may be specified”.
• This cooling-off period was two years until 2007 when an amendment reduced it to one year.

WHY IS THERE A NEED OF A COOLING-OFF PERIOD FOR GOVERNMENT OFFICIALS

TO ELIMINATE THE CHANCE OF GRAVE MISCONDUCT

As post-retirement acceptance of job offers by ex-government officials without observing the cooling-off period can lead to grave misconduct on their part, there is a need of cooling-off period.

BUILDING PUBLIC PERCEPTION

To preserve the integrity of retired officer in eyes of public, there is need of cooling off period as by cooling off period, government officials can prove their impartiality which builds public perception.

ETHICAL CONSIDERATION

There is a need to consider the ethical consideration of government officials towards the government institution and the cooling off period ensures the same.

MAINTAINING THE INDEPENDENCE OF THE INSTITUTION

Government officials need a cooling off period to maintain the independence of institutions and separation of powers.

PREVENT THE MISUSE OF CONFIDENTIAL INFORMATION

If there is no cooling-off period there is a high chance of misuse of confidential information during commercial employment and a long cooling off period may render confidential information outdated.

MINIMIZATION OF CONFLICT OF INTEREST

Cooling off period ensures the minimization of conflict of interest between government officials and institutions.

ISSUES RELATED TO THE COOLING-OFF PERIOD

• Less incentive: Generally, government official get less pay and incentives that somehow encourages them to take up commercial employment post-retirement.
• Opportunist tendencies: Bureaucrats do not plan for an active retirement and fear the prospect of unstructured time and rather than welcome it as an opportunity to develop new hobbies and interests, they get lured by commercial benefits.
• Absence of a uniform and defined procedure: As there is the absence of uniform and defined procedure for cooling off period and the cumbersome process asfor obtaining vigilance clearance before engaging of retired government officials by government organizations sometimes led to hiring of officials with tainted past and pending cases, vigilance body said such a situation not only triggered unnecessary allegations of favouritism, but was also against the tenets of fairness and probity.
• Carrot and Stick policy: Bulk of post-retirement appointments appears to be furtherance of carrot and stick policy by executive as used by executive to lure the government officials for their own benefits.
• Neutrality and integrity: There is concern related to the neutrality and integrity of government officials if there is no proper cooling off period that hampers the institutions’ functioning.

THE WAY FORWARD

• Need of high-calibre professionalism: Government officials need to show high calibre professionalism by properly following guidelines of cooling off period.
• Need to formulate uniform guidelines: All government organizations need to formulate uniform rules or guidelines to make the cooling-off period mandatory for all retired officers besides requiring them to seek prior nod for accepting private employment during such cooling off period.
• Penalty in case of violation: It is directed that government need to tweak the applicable service and conduct rules so that appropriate action can be initiated in case of violation of this cooling-off period.
• Need of Transparency: There is a need for a transparent procedure for engaging retired government officers to provide them with equal opportunity to all those willing to offer their services such as the post to be filled up on contractual/consultancy basis should at advertised on the website of the organization and put it on public domain.
• Raising the retirement age: Fifth Central Pay Commission (1997) recommended raising the retirement age, citing increased life expectancy, alignment with worldwide trends and to enable those who join the government late, particularly from disadvantaged sections of society, to complete the qualifying service needed to reach the maximum pension limit. It also observed that the impact on employment status would be marginal and that the government would save a considerable sum due to the postponement of retirement benefits for two years.

WHAT ARE THE RECOMMENDATIONS OF VARIOUS COMMITTEES/COMMISSIONS

LAW COMMISSION RECOMMENDATIONS

• Law Commissions have consistently maintained that government officials accepting commercial employment was undesirable. It had felt that this could affect independence.

SC VIEW IN NIXON M JOSEPH V. UNION OF INDIA, 1998

• SC itself has accepted that post-retirement appointment of judges in tribunals is a “scar” on the independence of the judiciary.

RM LODHA PANEL RECOMMENDATIONS

• Before a judge retires, the government should ask him whether he wanted to be a pensioner or continue to draw his existing salary.
• Once he opts for pension, he should not have any engagement or post under the government.
• Once a judge opted for full salary, that name should be put in a panel.
• When a vacancy arises, appoint the man in consultation with the CJI, with the government’s consultation.

THE CONCLUSION: Government officials need mandatory cooling-off period before taking up any commercial employment as it should remain in force as the benefits of keeping confidential information safe and minimizing conflict of interest is much larger than the potential career autonomy of these government officials. However, some policy changes can be introduced to reduce cost of the cooling off period but there is a need of laying down of proper rules to to ensure its effectiveness.

MAINS QUESTIONS
1. To maintain the accountability and independence of the government officials, there is a need for a mandatory cooling off period. Justify.
2. Discuss various provisions related to the cooling off period related to government officials and issues related and suggest measures to ensure the same.

THE CONTEXT: Recently, the Uttar Pradesh government has set up a five-member commission to provide reservation to Other Backward Castes (OBCs) on the basis of the triple test. However, it has now ordered the polls to take place without OBC reservation. This came in response to Allahabad High Court Judgement, where it has struck down quota for OBCs in urban local body polls. This article analyses the triple test formula given by the Supreme Court, the background of OBC reservations, and the measures that need to be taken to resolve the issue.

ANALYSIS OF TRIPLE TEST

The three tests that Supreme Court lays are:

(1) To set up a dedicated Commission to conduct a rigorous empirical inquiry into the nature and implications of the Backwardness qua local bodies, within the state.

(2) To specify the proportion of reservations required to be provisioned local body wise in light of recommendations of the Commission, so as not to fall foul of overbreadth.

(3) In any case such reservation shall not exceed an aggregate of 50 per cent of the total seats reserved in favor of SCs/STs/OBCs taken together.

FIRST TEST

• With regard to the first test, there is a criteria to set up a dedicated Commission for conducting empirical enquiry to collect data on the conditions (economic and educational), nature and impact of Backwardness of OBCs in local elections in the state.
• However, most often these inquiries are not adequate enough and do not provide much results as they are often affected by executive interference.
• For example, credibility of the recommendations of numerous commissions in India such as Nanavati Commission, W.C. Banerjee Commission, Ranganath Mishra Commission, etc have been publicly questioned.
• Since there is no mechanism to ensure reliability of such commissions’ reports, there is a growing trend to rely on the research published in peer-reviewed journals. There is a need for such a commission to be competent enough to take such studies.

SECOND TEST

• With regard to the second test, there is a provision of providing reservation on a proportional basis in municipal and municipal elections by state government.
• There is a positive impact of reservation in local bodies as there is stigmatization faced by the unprivileged section of OBC.
• In a local body, space for providing such reservation in favour of OBCs could only be notified upon fulfilling the preconditions of the triple test and with proper inquiry into the nature and implications of Backwardness by an independent commission about the imperativeness of such reservation.
• However, “In Vikas Kishanrao Gawali, the Supreme Court has also outlined that such inquiry into the nature and implications of backwardness cannot be a static arrangement; rather, it must be reviewed from time to time so as not to violate the principle of over-breadth of such reservation.”

THIRD TEST

• With regard to the third test, breaching the total reservation limit of 50% is not allowed; despite this many communities have sought separate reservations at the state and central levels across India.
• For example, the Supreme Court citing Indira Sawhney’s Judgment put a stay on Madhya Pradesh’s endeavor to establish 27% reservation for OBCs in local body polls and Tamil Nadu’s 10.5% reservation to Vanniyars within the existing quota for OBCs. This law was later struck down as unconstitutional by the Supreme Court.
• However, Since the inclusion of the 10-per-cent EWS quota, most States have breached the 50-per-cent cap on reservations. Topping the list is Tamil Nadu (69 per cent), followed by Chhattisgarh (69 per cent), Maharashtra (62 per cent), Andhra Pradesh (60 per cent), Bihar (60 per cent) etc.
• Recently, the call for reconsidering the 50-per-cent cap has been growing since several States have been demanding a caste census to determine the actual population of SCs, STs, OBCs, and minorities.

BACKGROUND OF TRIPLE TEST

In 2010, a five-judge bench constitution bench in Dr Krishnamurthy v Union of India was set up where it dwelt on the issue of reservation in local bodies. Here, Supreme Court had interpreted Article 243D (6) and Article 243T (6), which permit reservation by enactment of law for backward classes in Panchayats and municipal bodies, respectively.Though reservation to local bodies is permissible, the top court declared that the same is subject to empirical finding of Backwardness in relation to local bodies as fulfilled through the triple tests.

In 2017, Uttar Pradesh government issued orders to conduct a rapid survey for OBC reservation and based on that seats were reserved in proportion to the population of the backward class. However, this rapid survey only focusses on the headcount which according to Allahabad High Court is not enough criteria to consider Backwardness.

The issue of OBC quota in local bodies elections was then again raised in Maharashtra and then even demanded by other states and laid down the criteria to set a commission to collect “contemporaneous data” on the nature and pattern of Backwardness. Here, The Triple-Test Formula, laid down by the Supreme Court in again reiterated in March 2021 which required the states to appoint a commission, collect quantifiable data of the community, and allocates reservation to them in local bodies in such a manner that the total reservation in each seat does not exceed 50%.

To create OBC reservation in local body elections, a Supreme Court bench of Justice A.M Khanwilkar and Justice Dinesh Maheshwari gave the triple test formula in the judgment of Vikas Kishanrao Gawali Vs. State of Maharashtra (2021). A Bench headed by Justice A.M. Khanwilkar accepted the 781-page report of the Commission led by former Chief Secretary Jayant Banthia and allowed reservation for OBCs in the nagar panchayat, nagar parishad and Brihanmumbai Municipal Corporation elections.

CASTE CENSUS: UNION/STATE

It has been noticed that political parties, both at the centre and regional level, are having a tussle over conducting caste census. First caste census conducted in 2011 was not successful and Union government is reluctant to launch a new caste census and in opposition to that many state governments as Bihar have decided to conduct their own caste census.

Conduction of Census comes under the provision of the Census Act, 1948 and it is to be conducted every ten years by the Office of the Registrar General and Census Commissioner, Ministry of Home Affairs. It is the responsibility of Union government and not state government to conduct census as it comes under Unionsubject under Article 246 of Indian Constitution and mentioned in seventh schedule of the constitution.

However, In 2021, the Parliament passed the 127th Constitutional amendment which allowed States and Union Territories to prepare their own list of socially and educationally backward classes (SEBC). In this regard, each state has listed communities which are recognized as OBCs and accorded them reservations accordingly.

For conducting the caste census, Centre government should collaborate with the state government in the following manner:

• By classifying caste into fewer and consistent categories by ascertaining income and asset ownership of various caste groups.
• Office of the registrar general and census commissioner of India should be independent of the political process.
• Both centre and state should clearly define the purposes before conducting caste census as it would avoid chaotic outcomes.

Caste is an integral part of society. Data on the economic wellbeing of various caste groups is critical for an informed discourse on how government policies and practices are formulated by government to ensure welfare of unprivileged sections.

OBC RESERVATION AND CASTE CENSUS

MANDAL COMMISSION REPORT

• OBC reservation was first defined in the Mandal Commission Report in 1980 based on socio-educational field surveys, lists of OBCs notified by various State governments, the 1961 Census report, and extensive touring of the country.
• It has been estimated that OBCs constituted nearly 52% of India’s population, excluding Scheduled Castes/Tribes (SC/STs.)
• Hence, for the inclusion of OBCs, the report recommended a 27 per cent reservation for these communities in government services and central/State educational institutions. That reservation was also made applicable to promotion quotas at all levels.
• However, children of government officials at higher posts, civil servants, high-ranking armed forces officers, professionals in trade, and so-called ‘creamy layer’ individuals are to be excluded from OBC reservations.

CREAMY LAYER CRITERIA

• According to a 2017 order issued by the centre, creamy layer individuals are those who have an annual income of Rs 8 lakhs or more, disqualifying them from benefits under the OBC quota.
• The ‘creamy layer’ threshold has been gradually increased from Rs 1 lakh/year in 1993 to Rs 2.5 lakhs, Rs 4.5 lakhs, Rs 6 lakhs and now Rs 8 lakhs

STATUS OF OBC RESERVATIONS IN INDIA

• Currently, SC/ST communities have a 22.5 per cent reservation, OBCs have 27 per cent and members of the Economically Weaker Section (EWS) have a 10 per cent reservation in government jobs and educational institutions.

OBC QUOTA IN ELECTIONS

• To ensure political representation, of the 543 seats in Lok Sabha, 84 seats are reserved for SCs, 47 seats for STs and 2 for Anglo-Indian members (nominated by the President). SC/ST communities have reservations in their respective State Assemblies, councils, and local bodies too.
• However, for OBC communities, there are no separate political reservations in State legislatures or local bodies.

INDIRA SAWHNEY VS UNION OF INDIA (1992)

• In this judgment,the Supreme Court had upheld the 50-per-cent ceiling on reservations, thereby limiting states’ powers.
• The nine-judge Bench in the case also established factors such as caste, social status, and income to ascertain Backwardness.
• The Bench also introduced the ‘creamy layer’ concept to exclude more wealthy individuals from seeking the benefit of reservations.

POLITICAL RESERVATION FOR OBC AND ITS IMPLICATION TO LOCAL BODIES

With the Mandal Commission’s recommendations, there is the emergence of OBC parties in North India

and the proportion of OBC elected representatives in the Hindi belt rose from 11% in1984 to 25% in 1996. In this concern has been raised regarding political reservation of OBC:

• Not a constitutional provision: Supreme Court observed that the reservation for OBCs was just a “statutory dispensation to be provided by the state legislations,” is different from the “constitutional” provisions that mandate reservation to the Scheduled Castes (SCs)/Scheduled Tribes (STs)and it may be invoked only upon complying with three conditions before notifying the seats reserved for the OBC category in the concerned local bodies.
• Need of conduction of empirical exercise: Supreme Court had directed the state to conduct an empirical study on the socio-economic Backwardness of the OBC communities before deciding on the quantum of reservation. Failure on the state government’s part to undertake this empirical exercise has had the effect of depriving OBCs from exercising their right to be represented in local elections.

IMPLICATION OF QUOTA IN LOCAL BODIES

• The reservation of the OBCs in local bodies is seen as a sign of democratic deepening, decentralization of governance and another step towards the downward shift of political power through electoral politics.
• This will lead to a new phase of politicization of caste where even a numerically small OBC caste can claim their power and would help OBCs to mobilize by increasing their bargaining power with the dominant castes.
• It can provide a platform for the emergence of a new leadership among OBCs which led to new dimensions in local-level politics.

It will facilitate OBCs to claim a fair share of union and state power that have been denied all these years. It would help bridge the magnitude of the gap between economic and social capital acquisition within and between the general category as well as the reserved sections.

CASTE CENSUS OR SOCIO-ECONOMIC AND CASTE CENSUS (SECC)

• Ministry of Rural Development Government of India commenced the Socio Economic and Caste Census (SECC) 2011, in June 2011 through a comprehensive door to door enumeration across the country. This is the first time such a comprehensive exercise has been carried out for both rural and urban India.
• It is also expected to generate information on a large number of social and economic indicators relating to households across the country.
• It seeks to collect data on the economic status of every Indian family in rural and urban India to identify beneficiaries who need the support of the state.
• It allows the government to put specific caste names to make a comparison between their economic status which allows Central/State authorities to come up with a range of indicators of deprivation which could be used by each authority to define a poor or deprived person.
• Data provided by Socio-Economic, and Caste Census is open to use by any government department, which can be used to make grants to needy beneficiaries.
• There is also a provision in the Constitution of India which favours conducting a caste census. Article 340 mandates the appointment of a commission to investigate the conditions of socially and educationally backward classes and make recommendations as to the steps that should be taken by governments.
• However, centre has maintained that the caste census data of 2011 is unusable as it was “fraught with mistakes and inaccuracies” and thus, centre is not in favour of conducting nationwide caste census in 2022.

WAY FORWARD OVER IMPASSES

• Setting up of Commission: There is a need for setting up of dedicated Commission for undertaking the exercise of conducting the empirical study as to the nature and implications of Backwardness for the purposes of providing reservation to the backward class of citizens in the context of elections to the urban local bodies as per the triple test.
• Supreme Court: Another method to solve the issue can be approaching the supreme court after considering all the legal aspects regarding the decision of the high court.

Justice Rohini Commission

The Commission was set up in 2017 under Article 340 of the Constitution.

Its mandate includes:

• Exercise identifying the respective castes, communities, sub-castes, or synonyms in the Central List of Other Backward Classes (OBCs) and classifying them into their respective sub-categories.
• Examining the extent of inequitable distribution of benefits of reservation among the castes or communities included in the broad category of Other Backward Classes with reference to such classes included in the Central List, working out the mechanism, criteria, norms and parameters in a scientific approach for their sub-categorization.

THE WAY FORWARD

• The focus on social welfare: There is a need to focus on social sectors like education, healthcare, and social security promote the welfare of the masses and their socio-economic upliftment.
• Economic development of unprivileged sections: Public spending by the government is considered a reliable way to focus on development as government can choose to distribute their limited resources in economic sectors, like industry, ports, highways, etc., which generally support economic growth.
• Representative bureaucracy: There is a need for more representative bureaucracy that including people from different backgrounds which can make the state more accessible to a wider population and allow citizens to make claims on the state.
• Change in mindset: Caste system is arguably one of the most rigid forms of social stratification and continues to determine social and economic outcomes which needs to be addressed by change in mindset at both society and individual level.
• Non compromise with merit: Activists have rightly questioned the very meaning of ‘merit’ in a society as unequal as ours as compromise in merit leads to compromise in development. So, while providing reservation to unprivileged section the issue of merit should be considered as well.

THE CONCLUSION: There is a need for socio economic upliftment of the individual beneficiaries and address the heterogeneity within OBCs so that unprivileged sections can get the benefit. However, participation in local self-government is intended as a more immediate measure of empowerment for the community rather than relying on reservation.

QUESTIONS

1. Analyze the triple-test formula regarding the OBC quota and the possible implications of restructuring the quota system.
2. Explain the background of OBC reservations and what role caste census can play in ensuring a level playing field with respect to the socio-economic development of unprivileged sections.

INDIAN HISTORY

1. DAYANAND SARASWATI

TAGS: PRELIMS PERSPECTIVE-GS-I- HISTORY

THE CONTEXT: Recently, Prime Minister (February 12) paid tribute to Dayanand Saraswati on the 200th birth anniversary of the social reformer, hailing his contributions towards the fight against social discrimination and untouchability.

THE EXPLANATION:

• Dayanand Saraswati (1824-1883) was one of the most influential figures of 19th century India. A believer in the supreme authority of the vedas, he established the Arya Samaj in 1875, leading a reform movement within orthodox Hinduism. Among his various beliefs included a rejection of idolatry and the overly ritualistic traditions of Hinduism, support for women’s education, denunciation of child marriage and an opposition to untouchability.
• His magnum opus, Satyarth Prakash (1875), emphasised upon the “return to Vedic principles” that Dayanand Saraswati believed “had been lost” over time. The book uses the language of religious revivalism – hearkening back to a ‘better’ ancient past – in order to fashion a modern religious philosophy and organisation, capable of competing against the increasingly proselytising Christian missionaries.

Founding the Arya Samaj and Vedic Schools

• By preaching the supremacy of the Vedas, Dayanand Saraswati harkened to a “better time” where true Sanatan Dharma was prevalent. While his teachings were very much in tune with the prevailing social conditions of his day, his message was formulated in the language of revivalism rather than progressive reform. This only added to his influence, especially among more conservative sections of society.
• A major part of his mission was to address the fragmented nature of Hindu society. According to Dayanand Saraswati, the brahmans were primarily to blame for this – they had corrupted the Sanatan Dharma in order to maintain and grow their own status and influence in society. By depriving the laity of Vedic knowledge, they were successful in warping Hindu religion into something it was not, without the kind of theological backlash that they should have received.

POLITY

2. WHO ARE THE DAWOODI BOHRAS, AND WHAT IS THE EXCOMMUNICATION PETITION BEFORE SUPREME COURT?

TAGS: PRELIMS- GS-II- POLITY AND GOVERNANCE

THE CONTEXT: A five-judge Constitution Bench of the Supreme Court (February 10) referred the challenge to the constitutional validity of the practice of excommunication in the Dawoodi Bohra community to the nine-judge Bench constituted to review the September 28, 2018 Sabarimala judgment.

THE EXPLANATION:

• The petition (Central Board of Dawoodi Bohra Community &Anr. v. State of Maharashtra &Anr) has been pending since 1986.
• In October 2022, a Bench comprising Justices Sanjay Kishan Kaul, Sanjiv Khanna, A S Oka, Vikram Nath, and J K Maheshwari had reserved its order on whether to refer the matter to the nine-judge Bench in the Sabarimala review case, which is considering larger issues of essential religious practice.

Who are the Dawoodi Bohras?

• The Dawoodi Bohras are Shia Muslims whose leader is known as the Al-Dai-Al-Mutlaq. According to members of the community, there are around 1 million Dawoodi Bohras spread around the world.
• For over 400 years, the leader of the community has been based in India, including the current and the 53rd leader, His Holiness Dr Syedna Mufaddal Saifuddin.
• The leader of the community is recognised by the members as having the right to excommunicate its members. In practical terms, excommunication means not being allowed to access a mosque belonging to the community or a burial dedicated to the community.
• Among the members of the community who have faced excommunication in the past are those who contested the headship of the leaders.

How did challenge to the practice of excommunication begin?

• On November 1, 1949, the Bombay Prevention of Excommunication Act (now repealed) was enacted, which sought to prevent the practice of excommunication prevalent in certain communities, as it led to the deprivation of legitimate rights and privileges of its members and in “keeping with the spirit of changing times and in public interest”.
• The law defined excommunication as the “expulsion of a person from any community of which he is a member, depriving him of rights and privileges which are legally enforceable by a suit of civil nature”. It invalidated excommunication of any member, “notwithstanding anything contained in law, custom, usage” for the time being in force.

ECONOMIC DEVELOPMENTS- INDIAN AGRICULTURE

3. INDIA’S LATEST FARM EXPORTS DATA

TAGS: PRELIMS PERSPECTIVE-GS-III-ECONOMY

THE CONTEXT: India’s agricultural exports are poised to scale a new peak in the financial year ending March 31, 2023. But so are imports, bringing down the overall farm trade surplus.

THE EXPLANATION:

• Government data show the value of farm exports in April-December 2022, at $39 billion, was 7.9% higher than the $36.2 bn for the corresponding period of the previous year. At the present rate, the record $50.2 bn exports achieved in 2021-22 look set to be surpassed.
• However, equally significant are the imports of agri produce that, at $27.8 bn in Apr-Dec 2022, have grown 15.4% over the $24.1 bn for Apr-Dec 2021. As a result, there has been a further shrinking of the surplus on the farm trade account. The accompanying table shows that the surpluses even in 2020-21 ($20.2 bn) and 2021-22 ($17.8 bn) were lower than the $22.7 bn and $27.7 bn of 2012-13 and 2013-14 respectively.

The two big contributors to India’s agri-export growth have been rice and sugar.

• India in 2021-22 shipped out an all-time-high 21.21 million tonnes (mt) of rice valued at $9.66 billion. That included 17.26 mt of non-basmati (worth $6.12 billion) and 3.95 mt ($3.54 billion) of basmati rice.
• In the current fiscal, the growth has been primarily led by basmati rice. Its exports have gone up by 40.3% in value (from $2.38 billion in April-December 2021 to $3.34 billion in April-December 2022) and 16.6% in quantity (2.74 mt to 3.20 mt) terms. The corresponding increases have been less for non-basmati exports: 3.3% in value ($4.51 billion to $4.66 billion) and 4.6% in quantity (12.60 mt to 13.17 mt).
• More spectacular perhaps is sugar. Sugar exports hit a record value of $4.60 billion in 2021-22, as against $2.79 billion, $1.97 billion, $1.36 billion, and $810.90 million in the preceding four fiscals. This fiscal has seen a further surge of 43.6%, from $2.78 billion in April-December 2021 to $3.99 billion in April-December 2022.

PRELIMS PERSPECTIVE

4. WHAT ARE QUASICRYSTALS?

TAGS: PRELIMS PERSPECTIVE

THE CONTEXT: Scientists have discovered a new type of quasicrystal, one with 12-fold symmetry, in the Sand Hills of north central Nebraska, USA, according to a recent study. It said that this quasicrystal was formed during an accidental electrical discharge, possibly by a lightning strike or a downed power line in a dune.

THE EXPLANATION:

• Quasicrystal is essentially a crystal-like substance. However, unlike a crystal, in which atoms are arranged in a repeating pattern, a quasicrystal consists of atoms that are arranged in a pattern that doesn’t repeat itself regularly.
• According to the study, it’s also the first time that researchers have found a quasicrystal somewhere other than meteorites or the debris from nuclear blasts. Notably, scientists have been producing them in laboratories for years now, but it’s quite rare to discover naturally occurring quasicrystals.
• “The dodecagonal quasicrystal is an example of a quasicrystal of any kind formed by electrical discharge, suggesting other places to search for quasicrystals on Earth or in space and for synthesising them in the laboratory”.

What is a quasicrystal and where are they used?

• For the longest time, physicists believed every crystalline arrangement of atoms must have a pattern that repeats itself perfectly over and over again. However, this changed in 1982, when material scientist Dan Shechtman discovered crystal structures that are mathematically regular, but that do not repeat themselves.
• While studying diffraction patterns, which occur when X-rays are passed through the crystals, Shechtman noted “a regular diffraction pattern that did not match any periodically repeated structure”, and concluded that he has come across what are now known as quasicrystals, according to the Nobel Prize website. For his discovery, he was awarded a Nobel Prize in Chemistry in 2011.

5. TARKASH JOINT EXERCISE

TAGS: PRELIMS PERSPECTIVE

THE CONTEXT: First time, India-US exercise includes response to nuke & bio terror attacks, Named TARKASH, the exercise by the National Security Guard (NSG) and US Special Operations Forces (SOF) is currently underway in Chennai (January 16 & February 14, 2023).

THE EXPLANATION:

• The exercise comes in the backdrop of Russian allegations against Ukraine in May 2022 that Kyiv had orchestrated a chemical attack in Kharkiv to blame Russia and get military aid from the West.
• According to sources, the various counter-terror drills carried out during the Chennai exercise, a drill to counter chemical and biological attacks by terrorists was also included.
• “The Joint Exercise, for the first time, simulated a validation exercise for Chemical, Biological, Radiological and Nuclear (CBRN) terror response mission. During the mock validation exercise, a terrorist organisation armed with chemical agents threatened to attack a convention hall during an international summit. The objective of the joint exercise by NSG and US (SOF) teams was to rapidly neutralise the terrorists, rescue the hostages safely and deactivate the chemical weapons being carried by the terrorists”.
• During the course of joint exercise, both forces also conducted joint mock counter-terrorism drills at multiple locations in Chennai to enhance interoperability and coordination between the two special forces.
• “The joint exercise between the two forces also involved sharing of best practices and tactics over a wide spectrum of anti-terror operations in urban environment, including close quarter battle, building intervention drills, hostage rescue operations, surveillance, long range sniping and planning complex operations involving multiple targets in multiple locations”.

VALUE ADDITION:

Chemical, Biological, Radiological and Nuclear (CBRN):

• CBRN weapons, which are also classified as weapons of mass destruction, have been used by States and terror elements in the past. The most recent use of CBRN in the form of a sarin gas attack was witnessed in Syria in 2017 when more than 100 people died.
• According to the UN, the prospect of non-state actors, including terrorists and their supporters, gaining access to and using WMDs or CBRNs is a “serious threat to international peace and security”.

THE CONTEXT: The fallout from twenty years of neoliberal economic globalism and growing attempts to communalize certain social and cultural areas within the limits of a narrow understanding of religion and ethnicity has sparked a surge of interest in making democracy social. In this context, it is imperative to understand that what are the challenges and issues.

CHALLENGES TO DEMOCRACIES

AUTHORITARIANISM

• In an authoritarian regime, the government is not accountable to the people and there is no separation of powers. This can lead to a lack of transparency and corrupt practices.
• In addition, authoritarian governments often use propaganda and censorship to control the narrative and suppress dissenting voices, making it difficult for citizens to make informed decisions and participate in the political process.
• Furthermore, authoritarianism can stifle economic growth and development, as businesses and entrepreneurs may be afraid to innovate and invest due to fear of government retaliation.
• In summary, authoritarianism undermines the basic tenets of democracy such as freedom of speech, freedom of press, freedom of assembly, and freedom of expression, it also can lead to lack of accountability, corruption, and lack of economic prosperity.
• An example of authoritarianism impacting democracy is the situation in Venezuela under the regime of former President Hugo Chávez and current President Nicolás Maduro.
• Starting in 1999, Chávez and his successor, Maduro, have consolidated power and suppressed political opposition through a variety of means, including jailing political opponents, censoring the media, and rigging elections.
• The government has also used its control of the judiciary to undermine the rule of law and target political opponents.
• As a result, democracy and human rights have been severely restricted in Venezuela. The government has repeatedly delayed elections and suppressed the opposition, making it difficult for citizens to participate in the political process.
• In addition, the government has used its control of the economy to benefit its supporters and punish its opponents, leading to widespread poverty and economic collapse.

POLITICAL CORRUPTION

• Political corruption, which involves the abuse of power and public resources for personal or political gain, can stifle democracy by undermining the principles of transparency, accountability, and fair play.
• When political leaders are corrupt, they may use their power to manipulate elections, control the media, and silence dissenting voices. This makes it difficult for citizens to make informed decisions and participate in the political process.
• Corrupt politicians may also use their power to pass laws and regulations that benefit themselves and their cronies, rather than the general public. This can lead to an unequal distribution of resources and opportunities, further exacerbating social and economic inequality.
• In addition, corruption can discourage foreign and domestic investment, as businesses may be hesitant to invest in a country where the rule of law is not upheld and there is a lack of transparency in government decision making.
• Furthermore, corruption erodes trust in government and political institutions, which can lead to apathy and disengagement among citizens. This can make it difficult to achieve political consensus and make meaningful progress on important issues.
• In summary, political corruption undermines the basic tenets of democracy such as transparency, accountability, and fair play. It also can lead to manipulation of political process, unequal distribution of resources and opportunities, discourage investment, and erode public trust in government and political institutions.
• An example of political corruption stifling democracy is the situation in Brazil under the regime of former President Luiz Inácio Lula da Silva and his Workers’ Party (PT).
• Starting in 2003, Lula and the PT were accused of using their political power to award government contracts and appointments to friends and allies, in exchange for kickbacks and campaign donations.
• This widespread corruption, known as Operation Car Wash, led to the erosion of trust in government and political institutions, and contributed to a polarized political environment.
• Furthermore, the judiciary and other institutions were also impacted by the corruption and the ability to hold officials accountable was hindered, this led to lack of transparency and accountability in the government’s decision-making process.

POLITICAL POLARIZATION

• As societies become more diverse and divided, it can be difficult for political leaders to build consensus and govern effectively. Political polarization can lead to gridlock, extremism, and increased hostility between different groups.
• An example of political polarization impacting democracy is the current situation in the United States. In recent years, the country has become increasingly divided along ideological and political lines, with both major political parties becoming more ideologically homogeneous and less willing to compromise.

POPULISM AND NATIONALISM

• Populist and nationalist movements can threaten democracy by appealing to emotions and fear, rather than reason and evidence. These movements can undermine institutions and the rule of law, and can lead to increased authoritarianism.

CYBER THREATS

• The increasing use of digital technology and the internet has led to new forms of disinformation, hacking and cyber-attacks on democratic institutions and political processes.
• An example of a cyber threat impacting democracy is the 2016 U.S. presidential election. In that year, Russian state-sponsored hackers targeted the Democratic National Committee (DNC) and other political organizations, stealing sensitive information and releasing it through WikiLeaks in an attempt to influence the outcome of the election.
• The hackers used a variety of tactics, including spear-phishing, malware, and the use of fake social media accounts, to gain access to the targeted organizations’ networks.
• The stolen information was used to spread disinformation and sow discord among the American public, with the goal of undermining public trust in the democratic process and the integrity of the election.
• As a result of the hacking and disinformation campaign, the public’s faith in the democratic process was eroded, and the integrity of the election was called into question.

GLOBALIZATION

• Globalization can have both positive and negative effects on democracy. On the one hand, it can promote economic growth and cultural exchange, but on the other hand, it can lead to a loss of national sovereignty and a decline in public trust in government.
• For instance, trade agreements such as the North American Free Trade Agreement (NAFTA) and the Trans-Pacific Partnership (TPP) have led to the outsourcing of jobs and the closure of factories in developed countries, resulting in unemployment and economic insecurity for many citizens. This has led to a loss of public trust in government and political institutions, as well as a loss of support for the political establishment.
• Furthermore, the increasing mobility of capital and the ability of corporations to move their operations to countries with lower labor and environmental standards can make it difficult for governments to regulate business and protect the rights of their citizens. This can lead to a race to the bottom, where governments are forced to lower standards to attract investment, undermining social protections and human rights.
• In addition, globalization has led to the erosion of national sovereignty, as decisions made by international organizations and global financial institutions often take precedence over the decisions made by national governments.
• This example illustrates how globalization can have negative impacts on democracy by undermining the ability of government to regulate business and protect the rights of citizens, eroding public trust in government and political institutions, and undermining national sovereignty.

HOW TO MAKE DEMOCRACY SOCIAL?

PROMOTING GREATER ECONOMIC AND SOCIAL EQUALITY

• Reducing income and wealth inequality would help ensure that all citizens have an equal voice and an equal say in the political process. This can be done through progressive taxation, social welfare programs, and policies that promote full employment.

STRENGTHENING THE SOCIAL SAFETY NET

• Providing a basic level of economic security for all citizens would help ensure that everyone has a stake in the political process and is able to participate fully in the democratic process

ENCOURAGING CIVIC ENGAGEMENT

• Encouraging citizens to participate in the political process would help ensure that the government is responsive to the needs of all citizens. This can be done through educational programs, public forums, and other forms of civic engagement.

IMPROVING ACCESS TO EDUCATION

• Education is essential for citizens to be able to participate in the political process. Providing universal access to education would help ensure that all citizens have the knowledge and skills they need to participate fully in the democratic process.

PROTECTING AND PROMOTING CIVIL RIGHTS AND LIBERTIES

• Protecting the rights of minority groups, women, and other marginalized groups would help ensure that everyone has an equal say in the political process.

ENCOURAGING PARTICIPATION IN THE POLITICAL PROCESS

• Encouraging voter registration, early voting, and mail-in voting, and making voting more accessible to all citizens, regardless of their background would help ensure that everyone has a say in the political process.

PROMOTING TRANSPARENCY AND ACCOUNTABILITY IN GOVERNMENT

• Making government more transparent and accountable would help ensure that citizens have the information they need to hold their leaders accountable and participate in the political process

FREE PRESS

• A free press is essential for democracy. Protecting the freedom of the press, and ensuring that all citizens have access to a variety of news sources would help ensure that everyone has access to the information they need to participate in the political process.

Thus, the social has to be recreated by maximizing constraints over particular inclinations such as caste and patriarchal or communal status. The journey should be towards making democracy socially decent by recreating a benign social and undermining the banal influence of a malignant social infected by caste, gender, and communal forces. This unity of social vision, perhaps, has to be created within the arena of the social because the dubious political does not leave any opportunity to malign this social. Solidarity in the realm of society or an insight into the social is the precondition to civilize the recalcitrant political.

THE CONCLUSION: The sphere of the political is infested by the hawks of democracy. The elemental recognition of universal human dignity should precede the extension of both formal enfranchisement and perhaps citizenship as well. The enrichment of political demo­cracy depends on an insight into the social depth of democracy

Question :

1. The political dimension of democracy has to be supplemented by social elements for successful implementation. Analyse.
2. Discuss various challenges to democracy in the post-globalized world.

THE CONTEXT: Tribal population constitutes around 8.6% of the total Indian population, and today a tribal lady holds the most important position of our country i.e. President of India but despite all the laws being enacted with her assent, the legal system continues to treat the tribal person as belonging to an “uncivilized race”. In this context, there is a need to analyze various legal and constitutional measures and issues associated and steps that need to be taken to address the issue.

PROTECTION MEASURES FOR TRIBALS IN INDIA

The government has enacted various constitutional and legal measures for the protection and development of the tribal population. However, this has not resulted in the intended benefits.

The Constitution of India has provided special provisions to the tribal people to safeguard their interests which are mentioned below:

• Article 15: It provides that the state shall not discriminate against any citizen on the grounds of religion, race, caste, sex, place of birth or any of them. This explains that every citizen of India is provided with equal rights and opportunities without any discrimination which also includes tribals.
• Article 16(4): The government of India has made the reservation for the tribes in employment under Article 16(4) of the Constitution of India.
• Article 19(5)[13]: It guarantees the tribal people the right to own property and enjoy it in any part of the country.
• Fifth Schedule: Fifth Schedule deals with the administration of scheduled areas where tribal communities are in the majority. Tribal advisory councils (TACs) are constitutional bodies formed under the Fifth Schedule to deal with the welfare and advancement of scheduled tribes in states.
• Sixth Schedule: It contains provisions related to the administration of Tribal Areas in the States of Assam, Meghalaya, Tripura and Mizoram. Sixth Schedule provides for the administration of certain tribal areas as autonomous entities. The provisions of the sixth Schedule are provided under Articles 244(2) and 275(1) of the Indian Constitution. It seeks to safeguard the rights of the tribal population through the formation of Autonomous District Councils (ADC). ADCs are bodies representing a district to which the constitution has given varying degrees of autonomy within the state legislature.

Apart from constitutional measures, there are various acts formulated by the Centre government which are mentioned below:

• Forest Rights Act-2006 or The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006: Forest Rights Act (FRA), 2006 recognizes the rights of the forest dwelling tribal communities and other traditional forest dwellers to forest resources, on which these communities were dependent for a variety of needs, including livelihood, habitation and other socio-cultural needs.
• Scheduled Tribes(Prevention of Atrocities)Act, 1989: ThisAct is enacted to prevent the commission of offenses of atrocities against the members of the Scheduled Tribes. It provides for Special Courts for the trial of such offenses and for the relief and rehabilitation of the victims of such offences and for matters connected therewith or incidental thereto.
• Panchayats (Extension to Scheduled Areas) Act, 1996 or PESA: PESA Act was enacted to ensure self-governance through Gram Sabhas (village assemblies) for people living in the Scheduled Areas. It recognizes the right of tribal communities, who are residents of the Scheduled Areas, to govern themselves through their own systems of self-government, and also acknowledges their traditional rights over natural resources. It is an Act to provide for the extension of the provisions of Part IX of the Constitution relating to the Panchayats to the Scheduled Areas.

ANALYSIS OF PROTECTION MEASURES

The government has failed to implement these policies due to lack of political will and inadequacy of administrative machinery, procedural delays and lack of proper monitoring. Today, tribal people are not even able to demand their rights due to the poor response of the authorities. There is a need to analyze issues related to these protection measures:

5TH AND 6TH SCHEDULE PROVISIONS

There are special provisions of the 5th and 6th Schedule in the Indian constitution for tribal communities.

These provisions had led to:

●  Representation of tribal rights:  Tribal advisory council and Autonomous District Councils provide for proper representation of scheduled tribes as in TAC, there are three fourth be representatives of STs in the legislative assembly.

●Governor duties and powers: Governor is required to submit a report to the president regarding administration, governor makes regulations for the peace and good government and such regulations prohibit or restrict the transfer of land by or among members of scheduled tribes in such areas.

However, tribal communities are facing several issues with regard to the implementation of the 5th and 6th Schedule.

●   Issue of colonial legacy: These areas were previously considered as ‘typically and really backward tracts’ under the Government of India Act, 1919 and ‘partially and wholly excluded areas’ under the Government of India Act, 1935. The Fifth and the Sixth Schedules of the Constitution similarly is using the same paternalistic language of the colonial era that there is need to protect the tribal population.

●   Ambiguity in role of governor: There is ambiguity in the discretionary role of governor and reduction of the office of governor to a mere annual report-writing institution to the President on the affairs of scheduled areas, rather than utilizing it as the guardian of constitutional governance. It states that the Fifth Schedule is meaningless until and unless governors of states get discretionary powers for the administration of the scheduled areas and have the power to revise or supersede government decisions in the interest of tribal communities.

SCHEDULED TRIBES(PREVENTION OF ATROCITIES)ACT, 1989

This act has been intended to protect the tribal communities against atrocities. However, it has not resulted into the intended benefits, there is a need to analyze the act:

●   Special courts: Special courts are created to prevent crime against tribes.

●   To protect the rights of tribals: The act sets out to make the tribals an integral part of society and to protect their rights when crimes threaten to violate their social, economic, democratic, and political rights.

●   Prevent deprivation: The act works to prevent deprivation and assists marginalized communities in avoiding it.

●   Least registration and conviction rate: There is least registration of cases according to National Crime Records Bureau (NCRB) under the ST (Prevention of Atrocities) Act and other sections of law over alleged crimes against SCs and STs  and of these in which chargesheets were filed in 81.3% cases where the conviction rate was 20.8%.

PANCHAYATS (EXTENSION TO SCHEDULED AREAS) ACT, 1996 OR PESA

The PESA act has been intended to provide for self-government for tribal communities. In this regard, there is a need to analyze the act that whether it has been successful:

●   Self-government: PESA Act bestows absolute power and authority on gram sabhas to enable them to function as institutions of self-government.

●   Other powers relating to livelihoods: They are also given the power to deal with those matters that have been affecting the lives and livelihoods of tribals, such as prevention of land alienation, management of village markets, imposition of ban on the consumption of intoxicants, ownership of minor forest produce, exercising control over money lending, control over institutions and functionaries in all social sectors and control over local plans and resources.

●   Power of Gram Sabha or Panchayat: PESA imposed restrictions on the State Legislature and decentralized more power in the hands of the Gram Sabha or Panchayat. It may be observed that the powers that can be exercised by the Gram Sabha under this act relate to the tribes’ customs, traditions, religion, land and mineral resources. Various government departments work independently of the panchayats rather than working with them led to the ineffectiveness of the gram sabha and panchayat functionaries.

●   Issue of land acquisition: With respect to land acquisition in Scheduled Area PESA Act states that the gram sabhas be consulted before the acquisition is made. Only consulting Gram Sabha is mandatory, not their approval undermines the power of gram sabha.

FOREST RIGHTS ACT-2006 OR THE SCHEDULED TRIBES AND OTHER TRADITIONAL FOREST DWELLERS (RECOGNITION OF FOREST RIGHTS) ACT, 2006

Forest Rights Act has been implemented with the objective of providing forest rights to tribes. Though it has been successful in some respect, there are few issues involved as well which needs to be taken into consideration:

●   Recognize historical injustice and aims for tribal rights: FRA recognizes the historical injustice done to Adivasis and forest dwelling communities who had been residing in such forests for generations and aims at correcting the injustice by granting them individual/ community-based tenurial rights over forest land.

●   Challenge to balance environment and tribal rights: The challenge before the act was to balance the needs of Adivasis and forest dwellers with those of forests and wildlife. It believes implementation of the act will lead to the destruction of forests and wildlife.

●   Structural barrier in implementation: Main barriers with regard to implementation relate to the structural conditions, which define the power of the state vs the powerlessness of the scheduled tribes and other forest dependent communities.

●   Lack of coordination: There is a lack of coordination between the tribal, revenue and forest departments on the implementation of the act. There are multiple laws that are in conflict with FRA and to operationalize FRA on the ground.

WHY THERE IS VIOLATION OF TRIBAL RIGHTS

LEGACY OF COLONIAL RULE

There are many pre-Independence laws that exhibit a deep-seated prejudice towards tribals and continue to remain in force. There are two examples in this regard:

●   Santhal Parganas Act, 1855: It has been enacted as a response to the Santhal uprising against the East India Company, the act excludes certain districts in the erstwhile Bengal Presidency from the application of the ‘general Regulations and Acts of Government’. The act is based on a simple premise – Santhals are too ‘uncivilized’ a people to be governed by the legal system.

●   Criminal Tribes Act, 1871 or Habitual Offenders Acts: Criminal Tribes Act 1871 has been replaced by Habitual Offenders act. The 1871 Act described certain tribes as ‘addicted to the systematic commission of offences’ and enabled the government to notify them as ‘criminal tribes’. With the repeal of this act, the ‘criminal tribes’ came to be ‘de-notified’. Though, the Habitual Offenders’ Acts, unlike their colonial counterpart, do not explicitly single out these tribes. However, in practice, not much has changed. In almost every state where Habitual Offenders’ Acts are in force, individuals belonging to the de-notified tribes have been disproportionately targeted.

These provisions focus on the old colonial idea of primitivism which still continues under the guise of protecting cultural autonomy.

ISSUE OF RELIGION

●   There is a belief among proponents of conversion that tribes do not have the religion of their own. Occasionally, the term “animism” is used to refer to “tribal beliefs and rituals” and this carries the suggestion that there is no conversion (from one religion to another) involved in the tribesman’s acceptance of a “genuine” faith, such as Christianity, Islam or Hinduism.

●   Another, in a way, even more demeaning view of the religions of the tribes is that although tribes do have something resembling religion, it is no more than a prehistoric, fossilized version of the great religions of the world.

●   Apart from being ethnically insensitive, such a view is demonstrably untrue. Tribal religions may not always have systematized theology, but they have unique frameworks of meaning that deserve respect.

●   Religions of the tribes, when they are left to their own devices by their powerful and power-seeking brethren, have a unique vitality and contemporaneity rather than being fossilized.

GEOGRAPHICAL SEPARATION/ISSUE OF ASSIMILATION

●  Historical problem: The problem of alienation of land from the tribal to non-tribal is there from the time of British colonialism in India when the Britishers started interfering in the tribal region to exploit the rich tribal resources which led to displacement of tribal people from forests.

●   Low technological development: The tribes are of special concern in Indian society in view of their general economic backwardness, low technological development, and complex problems of socio-cultural adjustment to distinctive cultural identity.

●    Spread in different areas:  As the tribal communities are spread in different areas.

●    Negligence of government:  Instead of ensuring that tribals are not ousted from the land to which they are historically and culturally connected, the state is more concerned about fulfilling contractual obligations towards the private investor.

This kind of social as well as physical separation or seclusion has declined tribal development. The welfare schemes, programmes and projects undertaken by the government sometimes do not even reach these people because of this isolation.

ISSUE OF DENOTIFIED TRIBES

• Denotified tribes are communities that were most vulnerable and deprived that were ‘notified’ as being ‘born criminal’ during the British regime under a series of laws starting with the Criminal Tribes Act of 1871.
• A National Commission for De-notified, Nomadic and Semi-Nomadic Tribes (NCDNT) was constituted in 2006 by the then government. It was headed by Balkrishna Sidram Renke and submitted its report in June 2008, in which it said, “It is an irony that these tribes somehow escaped the attention of our Constitution makers and thus got deprived of the Constitutional support unlike Scheduled Castes and Scheduled Tribes.”
• National Commission to Review the Working of the Constitution under the chairmanship of Justice M N Venkatachaliah, said in its 2002 report that: “The denotified tribes/communities have been wrongly stigmatized as crime prone and subjected to high handed treatment as well as exploitation by the representatives of law and order as well as by the general society.”
• These communities are frequently left out because they are less visible and difficult to reach. There is a need for a mechanism to reach out to these tribals by government welfare measures and provide them equal opportunities.

ISSUE OF PARTICULARLY VULNERABLE TRIBAL GROUPS(PVT)

• PVTGs are more vulnerable among the tribal groups. In 1975, the Government of India initiated to identify the most vulnerable tribal groups as a separate category called PVTGs and declared 52 such groups, while in 1993 an additional 23 groups were added to the category, making it a total of 75 PVTGs out of 705 Scheduled Tribes, spread over 17 states and one Union Territory (UT), in the country (2011 census).
• These tribal groups are widely different culturally. Cultural practices, systems, self-governance, and livelihood practices of PVTGs have a lot of variations, depending on the group and locality. The level of inequalities in social and economic conditions is very high amongst PVTGs.
• PVTGs are becoming increasingly vulnerable due to loss of their customary habitats and the livelihood resources which sustained them due to non-recognition of their rights.
• Some tribes as Shompens, Jarawas, Sentinelese of the Andaman and Nicobar Islands are even on the verge of extinction.
• Therefore, as a priority, the rights of the PVTGs to their land and habitats must be recognized and respected and need to be addressed through a community-specific approach instead of standard government schemes.

THE WAY FORWARD

• Collaborative approach: Despite so many efforts made by the government, tribal people are still deprived of a life to which they are entitled to. There is a need that government and tribal communities should work together towards the welfare of the tribes.
• Legal accessibility: There is a need to make judicial proceedings faster and easily accessible for the tribes so that they can get justice for the injustice.
• Strengthen domestic legislation: There is a need to strengthen domestic legislation which protects the individual and community rights of tribal people in forest areas.
• Awareness and training: For the proper implementation of the welfare schemes and policies for the tribal benefit, the tribes should be made aware of them through awareness and training programmes and at the same time, authorities should be well trained in this regard.
• Autonomy: There is a need to give autonomy to tribals in their respective areas, and gram Sabhas should act as a connecting link between tribes and the authorities.
• Economic empowerment: There is a need for economic empowerment of the tribal population by promoting sustainable livelihood and self-reliance among tribal people by promoting cooperatives and culturally appropriate employment opportunities.

CASE STUDIES: PRACTICES OF TRIBAL COMMUNITIES

There are few practices of tribal communities that needs to be taken into account to further their rights to ensure their equal status in society:

Practice related to Nature:

●  In Ziro valley, the Apatani tribes are known for their sustainable agriculture practices of wet rice cultivation, where nutrient washouts from hilltops flow in to enable crop growth. Land irrigation is facilitated by canals dug and linked to streams from hills. Soil fertility is maintained by organic wastes and the recycling of crop residues. Similarly, native animal populations like the Himalayan squirrel are protected through a mechanism called ‘Dapo’, where the community head lays down rules on hunting and extraction, nonadherence to which can lead to penalties. Ethnic people of India have played a vital role in preserving biodiversity of several virgin forests and have conserved several flora and fauna in sacred groves of tribals, otherwise these flora and fauna might have disappeared from natural eco -system.

Practice related to governance:

●   Lakhmara, a tall young tribal from the Garasia tribe in Rajasthan: “Ten years from now, we want our tribe to be free of the Panchayati Raj system and return to our traditional way of governance. The Panchayats only create divisions and enmities in the community.” Tribes included the Garasiyas of Rajasthan, Bhils of Rajasthan and Gujarat, and Korkus from Maharashtra. The four ‘primitive tribes’ included the Koragas and Jenu Khurba tribe of Karnataka,Kathodis of Gujarat and the Sahariyas of Madhya Pradesh made unanimous consensus among the tribals that the Panchayati Raj System was inferior to their traditional tribal law. Besides,it involved the intrusion of outsiders like the police and the political parties. Under the traditional way of governance, conclusion is reached through consensus.

THE CONCLUSION: At the macro level, the state has to play an important role in terms of policies relating to the conservation, development and management of natural resources as well as for the overall development of tribals and tribal areas. However, the issues and problems of the tribes cannot be neglected and isolated from the main development agenda of the government. There is a need to amend the provision of the various acts not with the aim to protect tribes, but there is a need for respect by treating them equals.

MAINS QUESTIONS

1. To bring tribes into the mainstream of development, we need to give them not only protection but respect also. Comment.
2. Challenges in the welfare of tribal people in India are not legal but social and cultural. Examine.

THE CONTEXT: Speaking at the convocation ceremony at the National Law University in Cuttack in September 2022, the CJI UU Lalit admitted that legal aid work is still a neglected field in India and that young law graduates should devote their time and energy to provide the legal aid services and instil a sense of compassion. This article presents the various aspects of free legal aid in India and why they shall be improved.

LEGAL SERVICES AUTHORITIES (LSA) ACT

• In 1987, the Legal Services Authorities (LSA) Act was enacted to give free and competent legal services to the poor and paved the way for the constitution of the National Legal Service Authority (NALSA) and other legal service institutions at the State, district and taluka levels.
• Free legal services under LSA Act are available to a person belonging to Schedule Tribe and Schedule Caste, a woman, child, victim of human trafficking, a differently abled person, an industrial workman, and a person in custody in a protective home and the poor.

CONSTITUTIONAL PROVISIONS

• The preamble of the Indian constitution aims to secure for the people of India justice – socio-economic and political. Justice P.N. Bhagwati aptly stated that legal aid means providing an arrangement in the society which makes the machinery of administration of Justice easily accessible and within reach of those who have to resort to it for enforcement of rights given to them by law. Article 38(1) avows that the State shall promote the welfare of the people by securing and protecting the social order, including justice.
• Article 39A of the Constitution of India provides that State shall secure that the operation of the legal system promotes justice on the basis of equal opportunity and shall, in particular, provide free legal aid by suitable legislation or schemes or in any other way, to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disability.
• Articles 14 and 22(1) also make it obligatory for the State to ensure equality before the law and a legal system which promotes justice on the basis of equal opportunity for all.

FREE LEGAL AID

ABOUT

• It entails the provision of free legal aid in civil and criminal matters for those poor and marginalized people who cannot afford the services of a lawyer for the conduct of a case or a legal proceeding in any court, tribunal or before an authority

INSTITUTIONS

India has a robust institutional framework of legal aid bodies. This has National Legal Services Authority at the helm, 37 state legal services authorities, 673 district legal services authorities, 2351 taluka legal service authorities, 39 High Court legal services committees and the Supreme Court legal services panel for oversight.

• National Level: National Legal Services Authority (NALSA). It was constituted under the Legal Services Authorities Act 1987. The Chief Justice of India is the Patron-in-Chief.
• State Level: State Legal Services Authority. It is headed by the Chief Justice of the State High Court, who is its Patron-in-Chief.
• District Level: District Legal Services Authority. The District Judge of the District is its ex-officio Chairman.
• Taluka/Sub-Division Level: Taluka/Sub-Divisional Legal Services Committee. It is headed by a senior Civil Judge.
• High Court: High Court Legal Services Committee
• Supreme Court: Supreme Court Legal Services Committee.

ELIGIBLE PERSONS

• • Women and children
  • Members of SC/ST
  • Industrial workmen
  • Victims of mass disaster, violence, flood, drought, earthquake, and industrial disaster.
  • Disabled persons
  • Persons in custody
  • Those persons who have an annual income of less than the amount prescribed by the respective State Government if the case is before any court other than the Supreme Court and less than Rs. 5 Lakhs if the case is before the Supreme Court.
  • Victims of Trafficking in Human beings or begar.

CONCERNS RELATED TO FREE LEGAL AID

• According to Justice A P Shah, despite having a formidable structure for free legal aid, the scheme has failed to attract competent lawyers, and there is no mechanism for the clients to question.
• Justice S Muralidhar of the Delhi high court is of the opinion that there is a need to pay the legal aid lawyers better otherwise, ‘legal aid for the poor, will continue to be ‘poor legal aid’.
• Justice UU Lalit has also highlighted two basic difficulties in providing free legal aid:

• Most of the population is entitled to legal aid but they are not aware that they are eligible for legal aid due to various factors – lack of knowledge, lack of experience, or lack of exposure to the entire set-up. Legal aid continues to be the “hope” that many persons in custody turn to for a fair trial. Almost 80% of India’s 132 crores (1.32 billion) population is eligible for legal aid. An overwhelming number (41.5%) of those accused of criminal acts in India are from the economically weak and disadvantaged sections of society. Few are aware of their rights or procedures relating to the police, prosecution and courts or what the services of a lawyer involved.
• The second pressing issue is Infrastructure. For example, if we have a legal aid set up in a remote district, that area must have the facility of an e-library where lawyers can have the assistance of law reports and the latest judgments at the click of a mouse, but we lack in that aspect also.
• Inadequate monitoring frameworks have also contributed towards the less effectiveness of the free legal services, such as many lawyers do not visit their clients or even neglecting to represent them.

ANALYSIS OF LEGAL AID SERVICES IN INDIA

Legal aid is not a charity or bounty but is an obligation of the state and the right of the citizens. The focus of legal aid is on distributive justice, effective implementation of welfare benefits and elimination of social and structural discrimination against the poor.

Twenty-eight years on, however, the Legal Services Authorities Act has become yet another example of a social justice law that is well-intentioned on paper but riddled with problems on the ground. From daunting procedures that deter lawyers from taking up free cases to corruption, lawyers and social workers pointed out, legal aid is far from being ideally implemented. Hence it is imperative to improve the quality of free legal aid services in India to further the objectives and ideals enshrined in the Constitution.

Legal aid is a key element of access to justice. It is also at the heart of the equality requirement and of the overarching objective of the 2030 Agenda: to leave no one behind. Access to legal aid translates into access to justice for the poor, the marginalized, and the disadvantaged. Access to justice features prominently in the 2030 Agenda for Sustainable Development, whose Target 16.3 of Goal 16 is about promoting the rule of law at the national and international levels and ensuring equal access to justice for all. This is particularly important when a person’s fundamental rights to life and liberty are put at risk.

The Basic Principles on the Role of Lawyers further place responsibility upon the government and the legal profession to ensure that everyone has access to counsel, regardless of means or background, to protect the right to equality before the law.

THE WAY FORWARD

EXPAND THE SCOPE OF SECTION 12

• There is an urgent need to expand the scope of Section 12 so that more and more areas can be covered under the Act and assistance can be rendered. State Government should come up with appropriate amendments to the law and provide legal services in an effective and efficient manner.

ROLE OF NGOS

• Involving and increasing the role of non-governmental organisations to create awareness amongst the people about their rights and effective justice delivery.

LEGAL AID PROGRAMMES AND LEGAL AWARENESS

• There should be an organisation of legal aid camps and Lok Adalats at a mass level to spread awareness about the rights of the people and awareness about the free legal aid programmes for the needy ones.
• There should be the establishment of entitlement centres at various backward areas to make them aware of their rights and laws and encourage them to opt for free legal services.

BETTER REMUNERATION TO THE LAWYERS

• There should be an increase in remuneration paid to the lawyers by the courts or government, appearing or defending the accused for free.

FEEDBACK APPROACH

• The monitoring of the work of the counsels should be evaluated through the feedback approach, i.e. by asking the people for the feedback of the work of the counsel and then there should be proper progress reports of every advocate. This all could be done by setting up a proper monitoring committee.

THE CONCLUSION: Reginald Heber Smith, in his book ‘Justice and the Poor’ wrote that “Without equal access to the law, the system not only robs the poor of their only protection, but it places in the bands of their oppressors the most powerful and ruthless weapon ever invented.” To have a successful legal aid movement in India, the government needs to take appropriate steps by spreading awareness and educating the people about their basic fundamental rights. The only objective or aim of the government should be to provide ‘equal justice to all.’

Mains Practice Questions:

• “Free legal aid does not mean poor legal aid; free legal aid must mean quality service”. Comment.
• Poor and marginalised citizens are legally entitled to get lawyers free of charge when they need them. Why do they often have to struggle for it? Suggest measures to improve the quality of free legal aid in India.
• The guarantee of equal justice is meaningless if vulnerable sections cannot enforce their rights because of poverty, illiteracy or weakness. Discuss.

THE CONTEXT: Advancement in many aspects of life is creating new opportunities, but in times of transition, the balance between the rights and obligations of citizenship is also changing. In this context, it is imperative to investigate changing nature of the social contract.

WHAT IS NEW SOCIAL CONTRACT?

A new social contract is not about higher taxes, more redistribution, and a bigger welfare state. It is about fundamentally reordering and equalizing how opportunity and security are distributed across society. This would increase productivity and more efficiently share risks around childcare, health, work, and old age that cause so much anxiety.

WHAT IS SOCIAL CONTRACT THEORY?

A social contract is a real or hypothetical agreement between a government and its people, setting out the rights and duties of each. The social contracts on which society is currently based largely emerged in the post-war era and are no longer fit for purpose. As we consider the impact and lessons from COVID, new social contracts could help bring about more equitable prosperity.
A social contract refers to an actual or hypothetical agreement between the ruled or between the ruled and the ruler, defining the rights and duties of each. Individuals being born into a state of nature, by exercising their reason and collective will agreed to form a society and a government. A social contract can also be viewed as to escape from the State of nature. Thus, a social contract can be of two forms:

• Firstly, a contract that led to the origin of the State: This contract simply spells out the willingness of the people to establish the State as the sovereign.
• A contract of government or a contract of submission: This contract deals with the course after the establishment of a State or society. It spells out the terms and conditions of governance and involves reciprocal obligations and promises on part of the ruler and the ruled. The most important of them is the promise of obedience made by citizens and the reciprocal promise of protection of citizens and good governance made by the King/Ruler/State.

The social contract is based on the express or implied consent of the people to give up some of the freedoms that they enjoyed in the State of nature in exchange for the protection of their remaining rights and the maintenance of social order.

Typical features

• Social contract theories often deal with the relationship between natural and legal rights.
• The theory explains why rational individuals would agree to give up their natural rights in favour of political order.
• The social contract theory maintains that the law and political order are human creations.

WHY IS THE NATURE OF SOCIAL CONTRACT CHANGING?

• Erstwhile responsibilities of the State are now an obligation of, and business case for, the private sector.
  o The needs of individuals today are disparate and heterogeneous and may no longer be met just through large investments in physical or social infrastructure, and are increasingly being addressed through niche solutions best offered by private enterprises.
• Atomization of work has constrained the extent to which individuals can organize and make demands.
  o The collectives and unions that traditionally acted as arbiters for the interests of a substantial stakeholder group are increasingly ineffective.
• Therefore, there is an additional need for a new guarantor of the relationship between individuals and the private sector that provides for purpose, paychecks, and protection

Mediating this new dimension of the relationship between individuals and the private sector will require a clear delineation and devolution of responsibilities and recourse.

New type of social security

FROM THE JOB SECURITY TO ECONOMIC SECURITY: A NEW ‘FORMALITY’

• Digitization is enabling unpredictable transformations in work across G20 countries and beyond.
  o One result of this is that the relationship between employers and employees has fundamentally changed, and so too have the responsibilities borne by employers.
• While a future social contract may not be able to credibly promise job security, it should be able to guarantee social and economic security. That is, the financial security (paychecks), and social security (protections) that were previously provided by full-time jobs, must now be provided through alternative means.
• The experiences of emerging G20 economies in contending with informality and constructing approximate securities for the informal workforce should inform such transformations in more advanced G20 economies.

FROM THE FACTORY TO THE CLOUD: A NEW POINT OF PROVISION

• Welfare systems based on a job/no-job binary and the workplace as the point of provision are too restrictive to account for the variation and variability in employment that are characteristics of work today.
  o Social benefits should no longer be linked to a specific job but available to individuals regardless of their employment status.
• In countries such as India, this has long been the subject of government plans – see for example the 2006 Report on Social Security for Unorganized Workers. There was an initial attempt to turn these recommendations into law in 2008.These endeavors essentially follow the trail blazed by South Africa, which wrote rights-based social protection for all workers into its constitution in the 1990s.

FROM ATOMIZATION TO SOLIDARITY: CONSTRUCTING CO-OPERATIVE NETWORKS

• Employment status shapes the extent to which labour laws are applicable, the access that workers have to labour unions and to each other. The individualization of labour therefore affects the power of workers, by constraining their ability to connect and organize.
  o State policy and private sector choices should actively aid in the construction of cooperative networks rather than hoping that new technology lets individuals-as-workers create them for themselves.
  o The private sector will have to accept that, while an organized workforce is one better able to bargain, an atomized potential workforce is one that will not be able to innovate or increase productivity through learning by doing.
• From Regulation to Devolution: A New Role for the Local
• Increasingly, the private sector is charged with activities in the provision of public goods and services that were previously the domain of the State – especially as the notion of “public good” expands.
  o Simultaneously, the collective organizing potential of an atomized workforce is being constrained, requiring a new guarantor of the relationship between individuals and the private sector.
  o Individuals themselves will participate in the new economy under many different guises – as entrepreneurs, savers, investors and workers – rendering the management of these economic interactions complex and difficult to manage by detached national regulators working in silos.
• At the most basic level, greater responsibility in governing this relationship, which is underwritten by a new dynamic should be given to local government, which is best positioned to arbitrate the above relationships.
  o Within the confines of a national policy framework, local government can ensure compliance, audit, provide licensing and address grievances inherent in the new relations outlined above.

TYPES OF NEW SOCIAL CONTRACT

STAKEHOLDER CAPITALISM

• Market rules are badly in need of reform. The old rules have promoted short-term thinking that has allowed inequality to proliferate, and incentivized rampant consumption of natural resources. We must build on the momentum in reforming reporting and disclosure rules, including the establishment of the International Sustainability

SKILL DEVELOPMENT AND CAREER PATHWAYS

• The new contract defining the world of work should allow companies the flexibility to reshape their workforces to enable innovation and new hybrid ways of working and enable workers the flexibility to access career breaks and training that will help them thrive in a changing world.

RESPONSIBLE USE OF TECHNOLOGY

• The rise of disinformation threatens individual privacy and democratic processes on which functioning societies depend. A recent study found that roughly half of US adults (48%) now say the government should take steps to restrict false information, even if it means losing some freedom to access and publish content.
• There is considerable evidence that the flaws in the information ecosystem disproportionately impact the most vulnerable, especially the young and the economically dispossessed. Governments have struggled to move as quickly as the pace of innovation and would do well to expand their expertise and create special-purpose entities to find policy solutions.

THE CONCLUSION: Modern social contracts can facilitate economic opportunities and mobility for all; secure the societal consensus needed for a decisive approach to the climate crisis; enable technological innovation in service of social progress and foster more inclusive societies.

Questions
1. The creative gale of destruction demands a new social contract. Discuss.
2. The fundamental of the labour-capital is changing: such change demands new rights and duties. Elaborate.

INDIAN POLITY AND GOVERNANCE

1. WHAT IS ‘NIKAH HALALA’?

TAGS: PRELIMS PERSPECTIVE-GS-II-POLITY AND GOVERNANCE

THE CONTEXT: The Supreme Court said recently that it will set up a five-judge Constitution Bench to hear pleas challenging the constitutional validity of polygamy and nikah halala practice among Muslims.

THE EXPLANATION:

About Nikah halala:

• The term “Nikah” and “Halala” both are Arabic terms.
• “Nikah” means Marriage and “Halala” means to make something halal or permissible.
• The expression “Nikah Halala” literally means a marriage to make something halal or permissible.
• As per Muslim Law, a man cannot remarry his wife after he divorced her, unless the wife is married to another man and gets divorced from that man (second husband) or after the death of the second husband.
• Thus, the process of making the woman permissible for her first husband by giving her marriage to a third person with a pre-condition is known as Nikah Halala also known as Tahleel marriage.
• In this process, the third person consummates the marriage with the object to make the woman permissible for her first husband.
• Does the Quran permit this?There is no sanction in the holy Quran for such marriages.

Legality of Nikah halala in India:

• The Muslim Women (Protection of Rights on Marriage) Act, 2019 passed after the invalidation of triple talaq by the Supreme Court, is silent on nikah halala.
• The Act made instant triple talaq a criminal offence but steered clear of halala which takes place as a consequence of triple talaq.

2. WHAT IS A CHARGE SHEET?

TAGS: PRELIMS PERSPECTIVE-GS-II-POLITY AND GOVERNANCE

THE CONTEXT: The Supreme Court recently held the state is not obliged to provide the public free access to chargesheets by uploading them on police or government websites.

THE EXPLANATION:

What is a Chargesheet?

• According to Section 173 of Code of Criminal Procedure (CrPC), a charge sheet is a report generated by police officers after investigating a case.
• It contains all the stringent records right from the commencement of investigation procedure of lodging an FIR to till the completion of investigation and preparation of final report.
• It contains the names of the people brought in the custody, the charges they are brought in for and the identity of the accusers.
• Once the charge sheet has been submitted to a court of law, prosecution proceedings against the accused begin.
• Time limit for filing a Charge Sheet:
• It is to be filed within 60 days from the date of arrest of the accused in cases triable by lower courts and 90 days in cases triable by Court of Sessions.
• If the charge sheet is not filed within the prescribed time mentioned above, the accused has a right to default bail.
• A charge sheet is distinct from the First Information Report (FIR).

What is the First Information Report (FIR)?

• It is a written document prepared by a Police officer based on information given by an aggrieved person or any other person either in writing or made orally about the commission of a Cognizable Offence.
• Investigation is started only after filing of the FIR.
• Who can file an FIR? Anyone can file a FIR, whether it is the victim, victim’s family or friends, or any witness to a crime.

An FIR can only be lodged in case of cognizable offences.

What is a Cognizable Offence?

• It is one in which the police may arrest a person without warrant.
• The police are authorized to start investigation into a cognizable case on their own and do not require any orders from the court to do so.

INTERNATIONAL RELATIONS

3. EGYPTIAN PRESIDENT INDIA’S CHIEF GUEST FOR REPUBLIC DAY 2023

TAGS PRELIMS PERSPECTIVE- GS-II-INTERNATIONAL RELATIONS

THE CONTEXT: Egyptian President Abdel Fattah el-Sisi will be the first chief guest from his country at India’s Republic Day celebrations. This makes him only the fifth leader from the West Asian and Arab world to be the chief guest.

THE EXPLANATION:

• Location: Egypt is a transcontinental country situated in northeastern Africa and the Sinai Peninsula in Western Asia (Middle East).
• Capital: Cairo

Boundaries:

• The country borders the Mediterranean Sea to the north and the Gulf of Suez and the Red Sea to the east.
• It is bordered by Libya in the west, the Palestinian territory (Gaza Strip) and Israel in the northeast, and Sudan in the south.
• It shares maritime borders with Cyprus, Turkey and Greece in the Mediterranean Sea, and with Jordan and Saudi Arabia in the Red Sea.
• Independence: Modern Egypt became independent in 1922.
• Population: With 12 million inhabitants (2021), Egypt is the most populous country in the Arab world.
• Language: Spoken language is Modern Standard Arabic; the colloquial language is the Egyptian-Arabic dialect (Masri).
• Islam is the dominant religion in Egypt with an estimated 85-90% of the population is Sunni Muslim.
• Major rivers: The famous River Nile is the only river that flows in Egypt throughout the year. Around 98% of the country’s population resides in the Nile River Valley.

Suez Canal:

• It is a 30 km (120 miles)-long artificial sea-level waterway located in Egypt.
• It connects the Mediterranean Sea with the Gulf of Suez, a northern branch of the Red Sea.
• It provides the shortest maritime route between Europe and the lands lying around the Indian and western Pacific oceans.
• It is one of the world’s most heavily used shipping lanes.

What is Exercise Cyclone-I?

• It is the first ever joint exercise between the special forces of the Indian Army and the Egyptian Army.
• Location: Jaisalmer in Rajasthan

ENVIRONMENT, ECOLOGY AND CLIMATE CHANGE

4. DECLINE IN NUMBER OF BIRDS IN KOLE WETLANDS

TAGS: PRELIMS PERSPECTIVE- GS-III- ENVIRONMENT

THE CONTEXT: Kole wetlands are located in Kerala. The Asian Water Bird Census recently reported that the number of birds in the wetland has reduced significantly. The number of water birds in the wetland has decreased from 15,959 in 2022 to 9,904. This is huge and the survey accuses unscientific construction in the region of the decline.

THE EXPLANATION:

What does the census say?

• The 2023 census was the 23rd AWC. Kole wetlands are of major concern due to the huge water bird population decline. The population decline was mainly due to habitat loss in the region. This occurs because of unscientific construction and waste dumping.

Rare birds in the Wetland

• In the 2023 census, the ornithologists spotted some rare birds. And therefore are more concerned about the expropriation of their home. Some of the rare birds spotted in the region are Amur Falcon, Wood Sandpiper, and Cattle Egret. Rare migratory birds were also spotted in the region such as Painted Storks, Whiskered Tern, Garganey, and Ibis.

About Asian Water Bird Census

• The census identifies and counts water birds and predominantly focuses on the declining population of the birds in wetlands. It is a part of the International Waterbird Census. These censuses are conducted by Wetland International. The census is conducted in different parts of the world such as Asia, Africa, the Caribbean, and the Neotropics. Neotropics includes South America and Central America.

Asian Water Bird Census in India

• In India, the census was first conducted in 1987. The Bombay Natural History Society assists Wetlands International in conducting the survey in the country.

Significance

• The survey aids to get an outlook on the bird population. Has the bird population declined? Are more birds becoming endangered? Causes of bird population decline. Also, it helps in better implementation of the Convention on Biological Diversity and Convention on Migratory Species

5. ODISHA’S STRATEGY TO MITIGATE HUMAN-ELEPHANT CONFLICT

TAGS: GS-III- ENVIRONMENT & ECOLOGY

THE CONTEXT: The Forest Department of the Odisha recently submitted a Ten Pillar Strategy to mitigate Man-Elephant conflict in the state. There are more than 2000 elephants in the state of Odisha spread across the Bhitarkanika National Park, Similipal Tiger Reserve, DebrigarhSancturay, and Satkosia Tiger Reserve.

THE EXPLANATION:

• Today elephants are facing serious threats due to poaching, poisoning, electrocution, and road and train kill. Seldom have they indulged in human conflict due to loss of habitat. To bring in a solution and put an end to the human-elephant conflict, the Odisha Government has brought in a ten-point strategy.

Strategy

Zone-based approach to be adopted and there are three separate strategies for the following:

• Protection
• Prosecution
• Enforcement
• Strategy to improve elephant corridor
• Strategy to replenish elephant habitats
• People’s participation in spreading awareness
• Habitat management that will consider increasing the forest productivity
• Planting elephant food plants, bamboo plants
• Replenish water sources
• Solar fencing under Jana SurakyaGajaRakhya Scheme
• Control and prevention of forest fire

What is Zone based Approach?

• The approach was adopted from the state of Karnataka. Under the approach, the elephant habitats are to be divided into four broad zones. They are as follows:
  • Zone 1: Elephant Conservation Zone
  • Zone 2: Elephant-Human Coexistence Zone
  • Zone 3: Conflict Mitigation Zone
  • Zone 4: Elephant Removal Zone

Connect the Dots:

• Project Re-Hab

THE CONTEXT: Recently in the historical Judgement, SC axed 51-year-old restriction on the abortion rights of women and upheld that single women can get equal abortion rights. In the Judgement by the Supreme Court bench headed by Justice D.Y. Chandrachud concluded that unmarried women in consensual relationships are also entitled to equal safe and legal abortions. In this write up, we will analyse in detail about the issues related to abortion and marital rape in India.

WHAT WAS THE CASE ABOUT IN THE SUPREME COURT?

• The Court was hearing the case of a 25-year-old single woman whose request to end a pregnancy before 24 weeks was denied by the Delhi High Court.
• The Court ruled that unmarried women should be included by Rule 3B of the MTP Rules, using a “purposive” view of the MTP Act.

 KEY HIGHLIGHTS OF THE JUDGEMENT

• The Supreme Court ruled the rights available to married women under the Medical Termination of Pregnancy Act,1971, to abort a foetus will also be available to unmarried ones.
• If Rule 3B(c) is understood as only for married women, it will perpetuate the stereotype that only married women indulge in sexual activities. This is not constitutionally sustainable.
• The bench said the artificial distinction between married and unmarried women cannot be sustained and that women must have the autonomy to have free exercise of these rights.
• While stressing reproductive autonomy is closely linked to bodily autonomy, the Court ruled that the Right to choose contraception, the number of children and whether or not to abort have to be taken without the influence of social factors.
• The consequences of unwanted pregnancy on a woman cannot be undermined, and the health of the foetus depends on the mother’s mental wellbeing.
• The Court held the interpretation of the MTP Act has to reflect the societal realities.
• The bench referred to parliamentary debate statistics on unsafe abortions and to a Global Health Study by the British Medical Journal, which had concluded that 67 per cent of abortions were unsafe.
• It added that denying access to safe abortion will increase people resorting to unsafe abortions.
• Pointing to the abortion rights for rape survivors, the Court said married women may also form part of a class of survivors of sexual assault and rape as it is quite possible that a woman may become pregnant on account of a non-consensual act by the husband.
• In this context, the Court said the meaning of rape must include the meaning of marital rape solely within the meaning of the MTP Act and Rules.
• The Court also held the MTP Act and Protection of Children from Sexual Offences (Pocso) Act has to be read harmoniously and there is no need to disclose the identity of minors under the MTP Act.
• The bench ruled pregnancy is the sole prerogative of a woman and the circumstances may vary for each, and various economic, cultural or social factors play a part in this.

 SIGNIFICANCE OF THE JUDGEMENT

RIGHT TO LIFE AND PERSONAL LIBERTY

• According to Justice Chandrachud, an unmarried woman has the same freedom to decide whether or not to have children as a married woman under the reproductive autonomy, dignity, and privacy rights guaranteed by Article 21 of the Constitution.

RIGHT TO EQUALITY

• The Judgement ensured that it was against the Right to equality before the law and equal protection (Article 14) to deny single or unmarried pregnant women thethe Right to abortion.
• It will ensure that single women seeking abortions beyond 20 weeks cannot be turned down on the basis that the statute is too restrictive.

ACKNOWLEDGEMENT OF REPRODUCTIVE AUTONOMY

• The SC stated that reproductive autonomy “means that every pregnant woman has the intrinsic right to choose to undergo or not to undergo an abortion without any approval or authorisation from a third party”. acknowledging this gap and labelling the law as “provider-centric”.
• The Right to bodily autonomy underlies the choice of whether to carry a pregnancy to term or end it prematurely.

DOCTORS NEED NOT REPORT THE IDENTITY OF MINORS SEEKING ABORTION

• The Judgement clarified that the Registered Medical Practitioner, only on request of the minor and the guardian of the minor and does not need to disclose the identity and other personal details of the minor in the information provided under Section 19(1) of the POCSO Act.

DISCOURAGE THE ILLEGAL PRACTICE OF ABORTIONS

• Legalisation of abortions will also discourage the illegal practice of abortions done through untrained, unauthorised paramedics which are hazardous for the health and future fertility of the child bearer.

COVERS THE MARITAL RAPE

• The Judgement ensures that pregnancies rose due to the marital rape are also covered under the Rape definition of MTP exception. This will be significant recognition of marital rape as one of the crimes against women by SC.

THE ABORTION LAWS IN INDIA 

How did abortion laws come about in India?

• In the 1960s, in the wake of a high number of induced abortions taking place, the Union government ordered the constitution of the Shantilal Shah Committee to deliberate on the legalisation of abortion in the country.
• In order to reduce maternal mortality owing to unsafe abortions, the Medical Termination of Pregnancy (MTP) Act was brought into force in 1971. This law is an exception to the Indian Penal Code (IPC) provisions of 312 and 313 and sets out the rules of how and when a medical abortion can be carried out.
• Under Section 312 of the IPC, a person who “voluntarily causes a woman with child to miscarry” is liable for punishment, attracting a jail term of up to three years or fine or both, unless it was done in good faith where the purpose was to save the life of the pregnant woman.
• This section effectively makes unconditional abortion illegal in India. Section 313 of the IPC states that a person who causes the miscarriage without the consent of the pregnant woman, whether or not she is in the advanced stages of her pregnancy, shall be punished with life imprisonment or a jail term that could extend to 10 years, as well as a fine.

How has the MTP Act evolved from 1971 to 2021?

• The latest amendment to the MTP Act was made in 2021. Before that new rules were introduced in 2003 to allow the use of the newly discovered abortion medicine misoprostol, to medically terminate a pregnancy up to seven weeks into it. Broader amendments to the original Act were introduced in 2020 and the amended Act came into force in September 2021.
• Under the Medical Termination of Pregnancy (Amendment) Act, 2021, abortion is permitted after medical opinion under stipulated circumstances. The 2021 Act increased the upper limit of the gestation period to which a woman can seek a medical abortion to 24 weeks from 20 weeks permitted in the 1971 Act. But this renewed upper limit can only be exercised in specific cases. Gestational age, calculated in weeks, is the medical term to describe how far along the pregnancy is and is measured from the first day of the woman’s last menstruation or period.

THE MEDICAL TERMINATION OF PREGNANCY (AMENDMENT) ACT, 2021

Under the 2021 Act, medical termination of pregnancy is permitted if it is backed by medical opinion and is being sought for at least one of the following reasons —

• If the continuation of the pregnancy would involve a risk to the life of the pregnant woman
• If its continuation would result in grave injury to the woman’s physical or mental health (if the pregnancy is a result of rape or failure of contraceptive used by the pregnant woman or her partner to limit the number of children or to prevent pregnancy, the anguish caused by its continuation would be considered to be a grave injury to the mental health of the pregnant woman)
• In the case of a substantial risk that if the child was born, it would suffer from serious physical or mental abnormality

The pregnancy can be terminated upto 24 weeks of gestational age after the opinion of two registered medical practitioners under these conditions —

• If the woman is ​​either a survivor of sexual assault or rape or incest.
• If she is a minor.
• If her marital status has changed during the ongoing pregnancy (i.e. either widowhood or divorce).
• If she has major physical disabilities or is mentally ill.
• On the grounds of foetal malformation incompatible with life or if the child is born, it would be seriously handicapped.
• If the woman is in humanitarian settings or disaster, or emergency situations as declared by the government.
• Besides, suppose the pregnancy has to be terminated beyond the 24-week gestational age. In that case, it can only be done on the grounds of foetal abnormalities if a four-member Medical Board, as set up in each State under the Act, gives permission to do so.
• The law, notwithstanding any of the above conditions, also provides that where it is immediately necessary to save the life of the pregnant woman, abortion can be carried out at any time by a single registered medical practitioner.
• Under the 2021 Act, Unmarried women can also access abortion under the above-mentioned conditions, because it does not mention the requirement of spousal consent. If the woman is a minor, however, the consent of a guardian is required.

IS TERMINATING A PREGNANCY A CRIMINAL OFFENCE IN INDIA?

• Voluntarily terminating a pregnancy is a criminal offence under the Indian Penal Code, 1860 (IPC). The Medical Termination of Pregnancy Act of 1971 authorizes medical doctors (with specific specialization) to abort a pregnancy on certain grounds. Pregnancy can be terminated at any time up to 12 weeks if one doctor agrees, and up to 20 weeks if two doctors agree. Only where the pregnancy’s continuation will endanger the pregnant woman’s life, cause grave harm to her mental or physical health (including rape and refusal to utilize birth control), or result in foetal abnormalities is it permissible to terminate the pregnancy. Termination is also permitted at any time during the pregnancy if it is necessary to save the life of the woman concerned.
• MTPA 2021  alters the MTPA 1971 to raise the upper limit for abortion from 20 to 24 weeks for certain types of women, removes the limit in cases of significant foetal abnormalities, and establishes state-level Medical Boards. It also adds that as medical technology advances, the maximum limit for terminating pregnancies may be raised, particularly for vulnerable women. According to Bill’s Statement of Objects and Reasons, multiple cases have been brought in the Supreme Court and different High Courts requesting authorization to terminate pregnancies at stages beyond the Act’s 20-week restriction based on foetal abnormalities or pregnancies in cases of rape.

ISSUES IN THE PRESENT LAW

• The MTP Act, first enacted in 1971 and then amended in 2021, certainly makes ‘medical termination of pregnancy legal in India under specific conditions. However, this Act is framed from a legal standpoint to primarily protect medical practitioners because under the Indian Penal Code, “induced miscarriage” is a criminal offence.
• This premise points to a lack of choice and bodily autonomy of women and rests the decision of abortion solely on the doctor’s opinion. The MTP Act also only mentions ‘pregnant woman’, thus failing to recognise that transgender persons and others who do not identify as women can become pregnant.
• As the law does not permit abortion at will, critics say that it pushes women to access illicit abortions under unsafe conditions. Statistics put the annual number of unsafe and illegal abortions performed in India at 8,00,000, many of them resulting in maternal mortality.
• The acceptance of abortion in Indian society is situated in the context of population control and family planning. But, most importantly, after more than 50 years of the MTP Act, women and transgender persons face major obstacles in accessing safe abortion care.

These are seven examples:

1. They may not even be aware that abortion is legal or know where to obtain one safely;
2. Since the MTP Act does not recognise abortion as a choice, they need the approval of medical professionals even in the first few weeks of the pregnancy;
3. Unmarried and transgender people continue to face stigma and can be turned away from health facilities, forcing them to resort to unsafe care;
4. Fourth, mandatory reporting requirements under the Protection of Children from Sexual Offences Bill (POCSO), 2011 law against child sexual offences, impact privacy and hinder access of adolescents to safe abortion services;
5. Many are still coerced into agreeing to a permanent or long-term contraceptive method as a prerequisite for getting abortion services;
6. Healthcare providers may impose their own morality by insisting on ‘husbands’ or ‘parental’ consent for abortion. Even women seeking abortion care in health facilities are often mistreated and not provided medications for pain relief;
7. Despite laws prohibiting sex determination, the illegal practice persists. The mushrooming of unregulated ultrasound clinics in India continues to facilitate the illegal practice of sex determination, resulting in unsafe abortions and female foeticide.

JUDICIAL INTERVENTIONS IN CASES OF ABORTIONS

• In the landmark 2017 Right to Privacy judgement in Justice K.S. Puttaswamy v. Union of India and others, the Supreme Court had held that the decision by a pregnant person on whether to continue a pregnancy or not is part of such a person’s Right to privacy as well and, therefore, the Right to life and personal liberty under Article 21 of the Constitution.
• Several women annually approach the apex court and High Courts when medical boards reject their application to access MTP beyond the gestational upper limit (now 24 weeks), seeking permission to abort a pregnancy, mostly in cases where it is a result of sexual assault or when there is a foetal abnormality.

WHAT ARE THE CRITICISMS AGAINST THE ABORTION LAW IN INDIA?

• According to a 2018 study in the Lancet, 15.6 million abortions were accessed every year in India as of 2015. The MTP Act requires abortion to be performed only by doctors with specialisation in gynaecology or obstetrics. However, the Ministry of Health and Family Welfare’s 2019-20 report on Rural Health Statistics indicates that there is a 70% shortage of obstetrician-gynaecologists in rural India.
• As the law does not permit abortion at will, critics say that it pushes women to access illicit abortions under unsafe conditions. Statistics put the annual number of unsafe and illegal abortions performed in India at 8,00,000, many of them resulting in maternal mortality.

WHAT IS MARITAL RAPE?

MARITAL RAPE – DEFINITION

“Marital rape” or “spousal rape” can be defined as having sexual intercourse with one’s spouse without the latter’s assent or consent forcefully. It is unwanted sexual intercourse that usually involves a man using force, the threat of force or physical violence on his wife when she does not give consent to have it.

TYPES OF MARITAL RAPE

Battering rape

• In this type of rape, women have to undergo both physical and sexual violence in their marital relationship.
• Some are battered during the sexual violence, or the rape may follow a physically violent episode where the husband wants to make up and coerces his wife to have sex against her will.
• It is the most common form of marital rape found in India and a majority of marital rapes fall in this category.
• More than 45% of marital rapes in India are battering rapes.

Force-only rape

• This type of marital rape involves the usage of necessary force by the husband to coerce their wives into sexual intercourse.
• These assaults are typically inflicted on spouses (wives) who have refused sexual intercourse.
• It does not involve battering or physical violence.

Obsessive rape/sadistic rape

• This type of marital rape involves torture or perverse sexual acts.
• It tends to be very violent and may result in physical injuries.

 WHAT HAS THE COURT REMARKED ON MARITAL RAPE

• According to the Court, a husband’s act of sexual assault or rape against his wife is included in the definition of “sexual assault” or “rape” in Rule 3B(a).
• Marital rape must therefore be included in the definition of rape for the sole purpose of the MTP Act and any rules and regulations made thereunder.
• Any alternative interpretation would force a woman to carry a child and raise it with a partner who abuses her physically and psychologically.

WHY IS MODERN INDIA STILL NOT ACCEPTING MARITAL RAPE AS A RAPE?

DEFINITION

• The definition of rape codified in Section 375 of the Indian Penal Code (IPC) includes all forms of sexual assault involving non-consensual intercourse with a woman.

NON-CRIMINALIZATION

• Non-Criminalization of marital rape in India emanates from Exception 2 to Section 375.

EXEMPTION

• Section 375 defines rape and lists seven notions of consent which, if vitiated, would constitute the offence of rape by a man. However, the provision contains a crucial exemption, Sexual intercourse or sexual acts by a man with his own wife, the wife not being under eighteen years of age, is not rape.

MARRIAGE AS PERPETUAL CONSENT

• As per current law, a wife is presumed to deliver perpetual consent to have sex with her husband after entering marital relations. The concept of marital rape in India is the epitome of what we call an “implied consent”. Marriage between a man and a woman here implies that both have consented to sexual intercourse, and it cannot be otherwise.

LEGAL PROVISIONS FOR MARITAL RAPE IN INDIA

• As marital rape in India is not an offence, there is no specific legal provision in India to deal with it. It is entirely dependent on the understanding of courts how they interpret the existing laws to counter this social malaise.
• Under Section 375 of the Indian Penal Code (IPC),1860 which deals with “rape”, “marital rape” is defined as an exceptional clause where it is said – “sexual intercourse by a man with his own wife, the wife not being under 15 years of age, is not rape.”  The Indian judiciary has raised the age from 15 to 18. Thus, marital rape is viewed as rape only when the spouse is below the age of 18 years and it is not a crime when the wife is above this age.
• Under Section 376 of the Indian Penal Code (IPC) which has provisions for punishment for rape, it is said that those who commit crimes such as rape should be punished with not less than 7 years reaching up to 10 years or life imprisonment which may often include fine.
• However, if the lady raped is a man’s own particular spouse and is not under 12 years old, then he may be detained for a term which may reach out to 2 years with a fine or with both.
• This shows that even if there is a provision for punishment for marital rape in Indian law, it is milder as compared to other rape cases.
• As per the provisions of the Protection of Women from Domestic Violence Act, 2005 (POCSO Act), marital rape is a type of domestic or local violence. Under this Act, a lady can go to Court and get a legal partition from her husband for marital rape.
• However, women in India can file cases against marital rape on the grounds of cruelty or domestic violence and obtain judicial separation from their husbands (divorce).
• In 1993, it was declared that any violence against women, including marital rape, was recognized as violative of women’s Fundamental Human Rights provided to her under international laws in the U.N Declaration on Elimination of Violence Against Women (DEVAW).

CRIMINALIZING OF MARITAL RAPE: AN ANALYSIS

ARGUMENTS FOR

1. Shortcomings in existing laws:

• It is often said that the Domestic Violence Act, 2005 deals with marital rape in India and thus there is no need to criminalize it under separate law.
• However, the Domestic Violence Act, 2005 is considered to be a civil law by the courts, and thus the accused can get away without any jail term.
• Another problem is that while the term “sexual abuse” is mentioned, the act doesn’t explicitly define “rape” as is defined in section 375 of the IPC.
• Thus, the current law has no provision if a woman wants to file a criminal case against her husband if her husband is raping her.

2. Protection of fundamental rights of women:

• The criminalization of marital rape would help protect the basic rights of women such as the Right to live with human dignity, the Right to sexual privacy, the Right to bodily self-determination and the Right to equality.
• The UN Committee on Elimination of Discrimination against Women had twice (in 2007 and 2014) urged India to criminalise marital rape on similar grounds. It views marital rape as a sort of discrimination against women that violates the principles of equality of rights and respect for human dignity.

ARGUMENTS AGAINST

1. Potential misuse of the law :

• There is a high possibility of misuse of this law since it is related to a very personal and sensitive subject like sex between a married couple.
• Records say that around 85% of dowry cases turn out to be false while a majority of cases registered under 498A are false or a mistake of fact or law or a civil dispute.
• Given such a state of affairs, making marital rape a criminal offence would prove to be a disaster harming social harmony.

2. Burden of proof:

• The concept of burden of proof is a complex issue.
• When marital rape would be considered a crime, there will be a burden either on the wife to prove the offence or the husband to prove himself innocent, and therefore it will be very difficult to apply.

3. Threat to the institution of marriage:

• Marriage is a concept that is built around the idea of love, trust and respect. However, many argue that criminalizing marital rape will make the parties in a relationship try to be “legally careful” in the normal course of affairs, fearing the occurrence of such situations or coming up of such allegations.
• Similarly, if wives accuse husbands falsely of committing such offences this may lead to the breakdown of the institution of marriage.

4. Against privacy:

• Some argue that making marital rape a crime would allow the State to interfere in the personal affairs of individuals.
• This will be a violation of the Right to privacy inherent in the Right to life guaranteed under Article 21 in the Indian Constitution.

THE WAY FORWARD

AWARENESS GENERATION

• It is essential for healthcare workers, dais, and Asha workers to “spread the message to all women across the board about availability of accredited termination clinics both in the government and in the private sector.

BROADER VIEW

• Bodily autonomy and reproductive rights must be viewed from three lenses — legal, medical, and social.
• Only when women and non-binary pregnant people enjoy absolute autonomy over their own bodies by these parameters, can one claim that India is showing the way to the C

HOLISTIC APPROACH

• We should strive for inclusivity, complete bodily autonomy, and reproductive equity. The government needs to ensure that all norms and standardised protocols in clinical practice to facilitate abortions are followed in health care institutions across the country.
• Along with that, the question of abortion needs to be decided on the basis of human rights, the principles of solid science, and in step with advancements in technology.

FILLING THE GAPS IN EXISTING LAWS

• Marital rape is a complex issue that needs a deep and detailed discussion. Criminalizing marital rape will not merely help. Rather there is a need for rectifying and filling the gaps in existing laws and doing away with archaic ones that tend to function against the well-being of women and the society as a whole. Public consultation and discussion with all the stakeholders may be the way forward.

THE CONCLUSION: The decision of whether or not to bear a child is central to a woman’s life, to her well-being and dignity. She ought to be the one deciding it for herself. When government superintends that decision for her, she is being treated as less than a fully adult human accountable for her own choices. We need to bestow much greater support to women who may want to conceive and raise their children, but opting out of it for financial, psychological, health, or relationship reasons Criminalising abortion does not stop abortions, it just makes abortion more unsafe.

QUESTION FOR MAINS EXAMINATION:

Q1 . India’s abortion laws are one of the most progressive across the world. In light of the recent supreme court judgement, critically analyse the abortion laws in India.

Q2. While most of the developed world has penalised marital rape, surprisingly, there is no law to protect married women against marital rape in India”. Discuss the need for a law against marital rape in India and the challenges associated while legislating such a law.

POLITY AND GOVERNANCE

1. REMOTE ELECTRONIC VOTING MACHINE (RVM)

TAGS: PRELIMS PERSPECTIVE- GS-II-POLITY AND GOVERNANCE

THE CONTEXT: Recently, the Election Commission of India (ECI) has developed a prototype for the Remote Electronic Voting Machine (RVM) aimed to facilitate voting for domestic migrants across India.

THE EXPLANATION:

• The prototype of the RVM will be demonstrated to political parties on January 16th, and if it is successful, it will allow domestic migrants to vote without having to travel back to their hometowns. The RVM will be a stand-alone system, not connected to the internet, and based on existing electronic voting machines. The goal of the RVM is to increase voter participation and make it easier for domestic migrants to participate in elections.

What are RVMs?

• The RVM is a multi-constituency electronic voting machine that can handle up to 72 constituencies from a single remote polling booth. It is based on the time-tested M3 (Mark 3) EVMs and will be used to enable voting at remote polling stations for domestic migrants.
• The ECI has invited all eight recognized national and 57 state political parties to a demonstration of the RVM on January 16th, and has also solicited written views from these parties by January 31st on various related issues, including changes needed in legislation and administrative procedures.

Challenges

• There are several challenges and considerations that must be addressed in order to successfully implement the RVM system.
• These include defining domestic migrants, enumerating remote voters, and ensuring the secrecy of voting and the presence of polling agents for voter identification.
• The Representation of the People Act, 1950 and 1951, The Conduct of Election Rules, 1961, and The Registration of Electors Rules, 1960 will also need to be amended to introduce remote voting.
• Other considerations include the method of remote voting, the familiarity of voters with the RVM technology, and the counting and transmission of votes cast at remote polling stations.

Why do we need RVMs?

• There is no central database available for migration within India, but analysis of available data suggests that work, marriage, and education are major factors in domestic migration. “Out-migration” is more common among the rural population, and around 85% of internal migration is within states.
• The ECI has developed the RVM system in order to make it easier for domestic migrants to participate in elections, as many are reluctant to register to vote at their place of work due to frequently changing residences, a lack of social and emotional connections with their area of migration, or a desire to keep their name on the electoral roll of their home or native constituency.

Connect the dots:

• What is Proxy voting?

ENVIRONMENT AND ECOLOGY

2. PALEONTOLOGISTS FIND FOSSIL OF 119-MILLION-YEAR-OLD BEAKED BIRD

TAGS: PRELIMS PERSPECTIVE- ENVIRONMENT AND ECOLOGY

THE CONTEXT: Recently, a  new species of confuciusornithid bird being named Confuciusornis shifan has been identified from a nearly complete skeleton found in northeastern China.

THE EXPLANATION:

• Confuciusornis shifan lived in what is now China during the Early Cretaceous epoch, some 119 million years ago.
• The new species belonged to Confuciusornis, a genus of extinct crow-sized beaked birds in the family Confuciusornithidae.
• Confuciusornis shifan weighed less than 200 grams and was smaller than most other confuciusornithid species.
• “Confuciusornithidae is a clade of Early Cretaceous pygostylian birds known from the Jehol Biota of East Asia, and represents the earliest known toothless, beaked birds”.
• “Five genera and eleven species, recovered from the Dabeigou, Yixian and Jiufotang formations, have been described and assigned to this family, though the validity of some species is questionable.”
• “They are represented by thousands of exceptionally preserved specimens that collectively provide rich information on confuciusornithid morphology, taxonomy, flight ability, growth, diet, and ecology.”

Connect the dots:

• What is Cretaceous epoch?

3. T.N. GOVERNMENT SETS UP NILGIRI TAHR CONSERVATION PROJECT

TAGS: PRELIMS PERSPECTIVE- ENVIRONMENT AND ECOLOGY

THE CONTEXT: Recently, the Tamil Nadu government launched an initiative for the conservation of the Nilgiri Tahr, the State animal, at a cost of ₹25.14 crore.

THE EXPLANATION:

• Under The Nilgiri Tahr project, the government plans to develop a better understanding of the Nilgiri Tahr population through surveys and radio telemetry studies; reintroduce the Tahrs to their historical habitat; address proximate threats; and increase public awareness of the species. The project is to be implemented from 2022 to 2027.
• According to the order, there are multiple references to the Nilgiri Tahr in Tamil Sangam literature dating back to 2,000 years. The late Mesolithic (10,000-4,000 BC) paintings highlight the significance of the Tahr in folklore, culture and life. It was designated as the State animal in recognition of its ecological and cultural significance.
• The Wildlife (Protection) Act of 1972 under Schedule 1 protects this ungulate species, which is also listed as endangered by the International Union for Conservation of Nature and the sole Caprinae species found in the tropical mountains of southern India. The animal inhabits meadows with steep cliffs at elevations between 300 metres and 2,600 metre above sea level. It is estimated that there are 3,122 Nilgiri Tahrs in the wild. Historically, the Nilgiri Tahr was known to inhabit a large portion of the Western Ghats. But today it remains restricted to a few scattered patches in Tamil Nadu and Kerala. It has become locally extinct in around 14% of its traditional shola forest-grassland habitat.

Value Addition:

About Mukurthi National Park:

• The park was previously known as Nilgiri Tahr National Park.
• It was declared as a National Park in the year of 1990. The total area of the park is about 78.46 Km2. The park is characterized by montane grasslands and shrublands interspersed with sholas in a high altitude area of high rainfall, near-freezing temperatures and high winds.
• The park is a part of Nilgiri Biosphere Reserve, India’s first International Biosphere Reserve. As part of the Western Ghats, it is a UNESCO World Heritage Site since 1 July 2012. The Park is sandwiched between the Mudumalai National Park and the Silent Valley National park.

4. PRALAY MISSILE

TAGS: PRELIMS PERSPECTIVE- SCIENCE & TECHNOLOGY

THE CONTEXT: In a major boost to the striking capabilities of the Indian armed forces, the defense ministry has recently cleared a proposal to purchase 120 Pralay missiles for the Indian Air Force and Army.

THE EXPLANATION:

• Pralay is an indigenous short-range ballistic surface-to-surface missile. The missile will be India’s first tactical quasi-ballistic missile and will give the armed forces the capability to hit enemy positions and key installations in actual battlefield areas.
• Developed by: The solid-fuel, battlefield missile developed by the Defence Research Development Organisation (DRDO) is based on Prithvi Defence Vehicle from the Indian ballistic missile programme.
• Features:
  • Pralay’ is powered with a solid propellant rocket motor and other new technologies. The missile guidance system includes state-of-the-art navigation and integrated avionics, according to the DRDO.
  • The advanced missile has been developed in a way to be able to defeat interceptor missiles. It has the ability to change its path after covering a certain range mid-air.
  • It is capable of carrying a conventional warhead of about 350 kg to 700 kg, which gives it a deadly punitive capability.
• Range: The canisterised Pralay missile, has a range of 150-500 kilometres.
• Ballistic missiles: They are initially powered by a rocket or series of rockets in stages, but then follow an unpowered trajectory that arches upwards before descending to reach its intended target at high speed. Unlike intercontinental ballistic missiles that exit the Earth’s atmosphere, short-range ballistic missiles stay within it.

REVISION SERIES

5. PRADHAN MANTRI GARIB KALYAN ANNA YOJANA (PMGKAY)

TAGS: PRELIMS PERSPECTIVE- GS-II-GOVERNMENT INTERVENTIONS

THE CONTEXT:Recently, the the Union government announced that it would discontinue the Pradhan Mantri Garib Kalyan Anna Yojana (PMGKAY) from January 1, 2023.

THE EXPLANATION:

• In the wake of economic disruptions caused by the unprecedented outbreak of COVID-19 in the country, the Government in March 2020 had announced the distribution of additional free-of-cost food grains (Rice/Wheat) to about 80 Crore National Food Security Act (NFSA) beneficiaries at the scale of 5 Kg per person per month under the PM Garib Kalyan Anna Yojana (PM-GKAY).
• Phase-I and Phase-II of this scheme were operational from April to June 2020 and July to November 2020 respectively. Phase II of the scheme was operational from May to June 2021. Phase IV of the scheme is currently operational for July-November 2021 months.
• Pradhan Mantri Garib Kalyan Anna Yojana (PM-GKAY) under the Ministry of Finance is a scheme as part of Atmanirbhar Bharat to supply free food grains to migrants and the poor.

Eligibility

• Families belonging to the Below Poverty Line – Antyodaya Anna Yojana (AAY) and Priority Households (PHH) categories will be eligible for the scheme.
• PHH are to be identified by State Governments/Union Territory Administrations as per criteria evolved by them. AAY families are to be identified by States/UTs as per the criteria prescribed by the Central Government:
• Households headed by widows or terminally ill persons, or disabled persons or persons aged 60 years or more with no assured means of subsistence or societal support.
• All primitive tribal households.
• Landless agriculture labourers, marginal farmers, rural artisans/craftsmen such as potters, tanners, weavers, blacksmiths, carpenters, slum dwellers, and persons earning their livelihood on daily basis in the informal sector like porters, coolies, rickshaw pullers, hand cart pullers, fruit and flower sellers, snake charmers, rag pickers, cobblers, destitute and other similar categories in both rural and urban areas.
• All eligible Below Poverty Line families of HIV positive persons.

Connect the dots:

• National Food Security Act (NFSA) 2013