9 PM Daily Current Affairs Brief – January 25th, 2023

Mains Oriented Articles

GS PAPER - 2

The new and dark interpretations of ‘We the People’

Source– The post is based on the article “The new and dark interpretations of ‘We the People’” published in The Hindu on 25th January 2023.

Syllabus: GS2- Polity

Relevance– Working of institutions in Indian democracy

News– The article explains the recent speech by the Vice-President about separation of powers. It tells about the features of democracy in the US and Britain. It explains the conventions followed in democracy and onslaught on institutions by the current central government in India.

What were the viewpoints presented by the Vice President about separation of powers at 83rd All India conference of presiding officers’ in Jaipur?

‘We the People’ essentially gives primacy to elected members of Parliament and the State legislatures. Separation of powers enshrined in the Constitution gives this primacy.

It implies that the judiciary and the executive are inferior as they are appointed and not elected directly by the people.

What are arguments against President viewpoints?

The Constitution does not define ‘people’. Its concern is about citizens and not any group or a particular institution. They are all people of this land.

To identify representatives in the legislature to be the sole representatives of the people is not appropriate. The theory of a separation of powers is basic to any democratic society, more than the letter of the Constitution.

What are some features of democratic setup in the US and Britain?

In the United States, the President has the power to appoint judges. This should be endorsed by Congress. But the President is directly elected by the people and has prerogatives in several issues which do not apply to a parliamentary democracy. The Prime Minister does not have the powers of the U.S. President

In the case of the United Kingdom, it is run by time-honoured conventions and laws passed by the House of Commons. It does not have a written Constitution which gives judicial review. But strong conventions are in place in spite of the primacy of Parliament. Even in Parliament, the Speaker becomes a non-party man, choosing when to retire from office.

In India too, the first two Speakers and later Neelam Sanjiva Reddy resigned from the ruling party for impartial work. This convention is not followed now.

What are different viewpoints about conventions?

Democracies cannot be run only by the laws passed in representative Assemblies. They need conventions.

B.R. Ambedkar realised that conventions are suitable for Indian conditions. Unless conventions are solidified into constituent laws and bound by strong threads, institutions may even be destroyed. It will endanger the very purpose of a Constitution protecting the citizen.

How are the institutions in India being destroyed by centralising tendencies?

Today’s onslaught on the judiciary is aimed at a powerful constitutional authority which is  refusing to deviate from its constitutional responsibilities. The basic structure of the Indian Constitution is to be protected by SC, in spite of any over-reach by the legislature.

Other institutions like the ECI, independent investigating agencies and the civil service and police have deviated from constitutional and other legal responsibilities.

There are examples of confrontation in current times between elected governments in States and the Governors. The Constitution does not intend Governors to be subordinates to the central government.

This goes against the very dignity of the people of a State as inferior to a higher power outside their State.

The centre is pushing for greater centralisation not only within constitutional institutions at the Centre. It is also in States which are ruled by parties other than the national ruling party.

Developing schools without barriers

Source– The post is based on the article “Developing schools without barriers” published in The Hindu on 25th January 2023.

Syllabus: GS2- Vulnerable action of the population

Relevance– Issue related to disabled children

News– The article explains the challenges faced by disabled children. It also explains various national and international initiatives that provide educational access to disabled children. It also suggests some solutions for providing more educational access to these children.

What are the challenges faced by children with disabilities?

A UNESCO 2019 report mentioned that children with disabilities comprise 1.7% of the total child population in India. They are faced with physical, institutional, socioeconomic and communication barriers from an early age.

As per the report, more than 70% of five-year-olds with disabilities in India have never attended any educational institution.

Several barriers impede the participation of CWD in accessing educational opportunities These are inaccessible school buses; inaccessible facilities in schools like drinking water facilities, canteens and toilets.

There is inappropriate infrastructure in classrooms like uncomfortable seating, slippery flooring and low illumination.

Misinformed attitudes and perceptions among parents, teachers, staff, and communities influences the child’s emotional development.

There is a lack of teaching and learning practices that integrate inclusive technologies and digital equipment to engage the child.

What are the constitutional provisions, government intervention and international instruments that promote education for disabled children?

Article 21A of the Constitution and the Right to Education Act, 2009 outline the fundamental right to education and the right to have free and compulsory education for children aged 6-14 years.

The Sarva Shiksha Abhiyan has adopted a ‘zero rejection policy’. It emphasises that every child with special needs is provided quality education.

India has ratified the UN Convention on the Rights of Persons with Disabilities. The government launched the Accessible India Campaign in 2015. An important pillar of this campaign is accessibility to the built environment.

What is the way forward to increase the educational opportunities for children with disabilities?

There is a need to develop inclusive and accessible schools. They will not challenge perceptions about children with disabilities and the associated discrimination. It will also help in actualising the zero-rejection policy in schools.

A multi-pronged participatory approach for providing an enabling environment for the empowerment of future citizens is needed. It will ensure that stakeholders in the school ecosystem collectively work towards promoting accessibility and inclusion in schools.

It includes awareness and sensitisation programmes for children, parents, and caregivers. Trainers are needed for upskilling of school faculty and special educators and providing access to updated teaching toolkits and materials.

It is required to provide technical training to local government departments; and a co-learning platform for knowledge-sharing between all.

Five principles of equitability, usability and durability, affordability, cultural adaptability, and aesthetic appeal are of special importance. It should be embedded from the planning to implementation to evaluation stages of providing infrastructure services in schools.

Working hand in hand to showcase India

Source– The post is based on the article “Working hand in hand to showcase India” published in The Hindu on 25th January 2023.

Syllabus: GS2- Government policies and interventions

Relevance– Tourism sector

News– The article explains the steps taken by the Ministry of Tourism to promote coordination among various ministries. It also explains the draft tourism policy 2022 and tourism potential of our country.

The Ministry of Tourism has declared “Visit India Year 2023” for promoting various tourism products and destinations to increase India’s share in the global tourism market.

How is the Ministry of tourism prompting coordination between different ministries to boost tourism in the country?

Over the last eight years, the Ministry of Tourism has prioritised the task of inter-ministerial cooperation and coordination. It is breaking down silos.

Today, the Ministry of Tourism coordinates its work effectively with over 20 central government Ministries in the promotion and the development of tourism in the country.

In October 2022, the Ministry of Tourism and the Ministry of Home Affairs organised the National Conference on Tourist Policy Aimed at working with the police and sensitising them on addressing the needs of foreign and domestic tourists.

In partnership with the Ministry of Education, the Tourism Ministry has begun establishing ‘Yuva Tourism’ clubs to nurture young ambassadors of Indian tourism.

The Ministry of Ports, Shipping and Waterways is aiming to make India an attractive cruise tourism destination using state-of-the-art infrastructure.

In partnership with the Ministry of External Affairs, tourism officers have been placed in 20 Indian missions in countries that contribute to some of the highest foreign tourist arrivals in India. Their role includes facilitating and providing inputs for country-specific sensibilities and having them reflected in tourism products.

Steps are being taken in collaboration with the Ministry of Roadways and the Petroleum Ministry to ensure that highways and fuel stations have clean sanitation infrastructure.

The Ministry of Tourism is also funding several commercial flight routes in partnership with the Ministry of Civil Aviation to make them viable.

What are some facts about the new draft National Tourism Policy 2022?

It aims to formalise the work coordination through structures and institutions.

The policy has been formulated after situational analysis including the impact of COVID-19. It takes into account future projections for the tourism sector with a vision for India@100.

One of the ideas includes an institutional structure that can take concurrent and coordinated action across the Union, State and local government levels in partnership with industry.

What is the tourism potential of India?

Data show that domestic tourism has recovered to pre-pandemic levels. This is evident in a record 1.84 crore domestic tourists visiting Jammu and Kashmir in 2022. Similarly, foreign tourist arrivals are expected to reach pre-pandemic levels.

India has always been a popular destination for travellers exploring spiritual enlightenment and self-discovery.

For centuries many great foreign travellers have visited India and shared their experiences in the form of memoirs, travelogues, poetry and books. Some of them are Megasthenes, Hiuen-Tsang, Marco Polo.

India is the birthplace to four major world religions– Hinduism, Buddhism, Sikhism and Jainism.

Conference of top cops, attended by PM Narendra Modi, must not ignore basic policing problems

Source: The post is based on an article “Conference of top cops, attended by PM Narendra Modi, must not ignore basic policing problems” published in The Indian Express on 25^th January 2023.

Syllabus: GS 2 – Governance

Relevance: concerns associated with the Indian police system

News: The Indian police system has lots of concerns but these concerns are not often discussed at the conference of the Directors General of Police of all the states and union territories held recently.

What are the concerns with the Indian police system?

The conference of the Directors General of Police of all the states and union territories is held every year but it ignores the problem present in the Indian policy at grass roots level.

For example, the average police station in India presents a dismal picture such as case property like motorcycles and cars littered all over the compound, no reception room, filthy lockup, etc.

The staff are overworked, fatigued, generally unresponsive, and with little resources.

According to the Status of Policing in India Report 2019, police in India work at 77 percent of their sanctioned strength and work for 14 hours a day on average.

There are 70 police stations which have no wireless, 214 police stations that have no telephone and 240 police stations that have no vehicles.

Police personnel usually get unsatisfactory housing facilities, their training is not as per the recent emerging threats.

Further, it is estimated that since Independence, 36,044 police personnel have died in the performance of their duties. This signifies that the police duties in India are tougher than in any other part of the world.

What measures are required to improve the functioning of Indian police?

First, the police station must be reinforced with upgradation of its infrastructure, better transport, communication and forensic facilities.

Second, the format of the annual conference of all DGPs should be changed. The conference should be divided into two parts, one dealing with intelligence matters and the other dealing with crime and law and order issues. It is necessary because crime is increasingly becoming more complex and requires specialized treatment.

Third, the concept of SMART police should be achieved in order bring the change in in the working of the police.

Structural strength – The basic structure of the Constitution has authority

Source: The post is based on the article “Structural strength – The basic structure of the Constitution has authority” published in the Business Standard on 25th January 2023.

Syllabus: GS 2 – Structure, organization and functioning of the Executive and the Judiciary.

Relevance: About basic structure doctrine.

News: The Vice President of India in 83rd All-India Presiding Officer’s conference criticised the doctrine of the basic structure for undermining parliamentary sovereignty.

What are the major highlights of the Vice President’s address?

Read here: Vice-President says court can’t dilute Parliament’s sovereignty

What is the basic structure doctrine, and how was the doctrine developed?

Read here: Basic structure Doctrine

What are the concerns associated with the basic structure doctrine?

The apex court in Singapore, which too has a post-British legal system similar to India’s, deliberately did not adopt the basic-structure doctrine. The court also explained the reasons for not adopting the doctrine.

The court argued that the basic-structure doctrine emerged from the justifiable claim that Constitutions drafted by a Constituent Assembly held a different status in their relationship to the legislature from Constitutions drafted by a regular Parliament.

Why basic structure doctrine is not undermining parliamentary sovereignty?

Must read: Bound supremacy – Parliamentary sovereignty isn’t undone by the basic structure doctrine

Over the years, the basic structure of the Constitution had served as the “North Star” for legal interpreters of that document. Further, the basic-structure doctrine keeps the Indian state tethered constitutionally to the norms, ideas, and values of 1950.

Ponder This On R-Day – How to make governors constructive constitutional functionaries as originally envisaged by the republic

Source: The post is based on the article “Ponder This On R-Day – How to make governors constructive constitutional functionaries as originally envisaged by the republic” published in The Times of India on 25th January 2023.

Syllabus: GS 2 – Structure, organization and functioning of the Executive and the Judiciary.

Relevance: About Friction between the state government and the governor.

News: Telangana this year will have two separate official R-Day events due to acrimony between the political executive and the governor. Friction between the state government and the governor is also happening in Tamil Nadu, Kerala and Chhattisgarh.

The current phase of conflicts between governors and the political executive stems largely from stalling of bills.

What is the constitutional status of the governor?

The debate on primacy: The Constitution replaced the British Raj legislation where the governor functioned as an agent of the colonial power vested with greater authority than the elected council of ministers. However, the Constitution gave primacy to the legislative assembly and the political executive.

Appointment and dismissal: The constitutional bench in 1994 reiterated the primacy of the legislature and narrowed the ground for the dismissal of a government. The grey areas still allow a governor to make controversial calls on the appointment of chief ministers.

Powers with respect to Bills: Article 200 of the Constitution details the options of a governor when a bill is cleared by the assembly. However, it does not unambiguously lay down a deadline.

Read more: Bad and ugly – A Governor’s departure from convention has set off unsavoury events

What should be done to avoid friction between the state government and the governor?

-The Constitution is clear that the legislature has primacy, hence, governors should not use loopholes to stall the functions of the legislature.

-The Centre must put a deadline on how long a governor can stall a bill.

-Make governors accountable to not just the central executive via the President but also the Rajya Sabha and the state government.

Read more: The Governor is under the Constitution, not above it

Uniform Civil Code: Can the debate be extricated from identity politics and refocused on gender equality?

Source: The post is based on the article “Uniform Civil Code: Can the debate be extricated from identity politics and refocused on gender equality?” published in the Indian Express on 25th January 2023.

Syllabus: GS 2 – Indian Constitution—significant provisions and basic structure.

Relevance: About Uniform Civil Code.

News: Uniform Civil Code (UCC) in India can be taken into consideration in India only after addressing a slew of concerns.

What is Uniform Civil Code (UCC)?

Read here: Explained | The Uniform Civil Code

What are the status and judicial views on implementing UCC in India?

Must Read: The Debate on Uniform Civil Code – Explained, pointwise

What is the view of the constituent Assembly on implementing UCC?

Read here: A detached approach is crucial for a uniform civil code

What are the two key challenges in implementing UCC?

Intricate issue of marriage: According to NFHS-5, 1.3% of Hindus, 1.9% of Muslims, and 1.6% of others still practising polygyny. This is due to divergent social and kinship rules among various regions.

For instance, northwest India forbid marriage (based on sapinda) between anyone related within five generations on the father’s side and three on the mother’s side. On the other hand, the south and northeast India allow uncle-niece and cross-cousin marriages among Hindus and Muslims allow marriage even between parallel cousins. Hence, this is hard to unify under one single code.

Intricate issue of inheritance: Hindus are governed by the 2005 Hindu Succession Amendment Act (HSAA); Muslims by the Muslim Personal Law (Shariat) Application Act, 1937; Christians and Parsis by the Indian Succession Act 1925 (amended by both communities subsequently), and tribal groups are still subject to custom.

At least six major points of divergence in the above-mentioned laws make unification difficult, and possibly untenable. These are,

a) Hindu inheritance distinguishes between separate property and coparcenary joint family property, giving coparceners rights by birth. No other personal law makes this distinction.

b) Within Hindu law itself, states diverge. Kerala abolished joint family property altogether in 1976, but other states retained it, and matrilineal Hindus (as in Meghalaya and Kerala) have different inheritance rules from patrilineal Hindus.

c) The right to will is unrestricted among Hindus, Christians and Parsis, but Muslim law restricts wills to one-third of the property.

d) The inheritance laws of Hindus, Christians and Parsis are largely gender-equal today. But, under Muslim personal law, based on the Shariat, women’s shares are less than men’s generically.

e) Land (a key productive resource) is treated differently from other property in some personal laws but not others.

f) Social justifications on who deserves to inherit differ. Hindus emphasise sapinda (“shared body particles” in Mitakshara and religious efficacy in Dayabhaga); other communities privilege blood or marital ties.

What should be done to implement the UCC?

The government should refocus on gender equality, while also allowing democratic choice. This can be done by

-Discussions among women’s groups in the 1990s highlighted three positions.

1) Encourage each religious community to pursue its own reform for gender equality, 2) Constitute a package of gender-just laws which would coexist with personal laws, and a person could choose one or the other upon reaching adulthood, and 3) Constitute a gender-equal civil code applicable to all citizens without option based on the constitutional promise of gender equality.

–Cover inheritance and marriage issues separately: On inheritance, a secular law based on constitutional rights will ensure gender equality.

Issues Related to Prisons and Prison Reforms – Explained, pointwise

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Introduction

While addressing the Annual Police Meet, the Prime Minister called for Prison Reforms to improve jail management in India. Earlier, on the occasion of the Constitution Day (November 26, 2022), the President of India had expressed concerns over overcrowding of prisons. She had suggested decongesting of prisons and the need for the Legislature, the Executive and the Judiciary to have ‘one thinking’ for the country and its people. There are several issues facing the prisons in India, and the issues have persisted for a long time. There is need for Union and State Governments to coordinate with each other to address the issue of overcrowding. Simultaneously the Government should work together with the Judiciary to reduce the pendency of cases as well as the number of undertrials languishing in jails.

What are the issues associated with Prisons in India?

Overcrowding: According the latest data available (till 2021), the occupancy rate of prisons stood at 130% in 2021. The prison capacity has expanded from ~3.3 lakhs in 2011 to ~4.25 lakhs in 2021. The number of prisoners have expanded from ~3.72 lakhs in 2011 to ~5.54 lakhs in 2021. Due to overcrowding, it is difficult to keep serious and habitual criminals and minor offenders apart. Prolonged intermingling can have detrimental impact on minor offenders and they might become professional criminals.

Source: The Hindu

Rising Undertrials: The number of undertrials in prisons has reached 77% in 2021. The proportion has consistently increased from 64% in 2011 to 77% in 2021. Prolonged incarceration without trial is violative of basic rights.

Read More: Issue of Undertrials in India – Explained, pointwise

Rising proportion of undertrials is a major factor in overcrowding of prisons. Moreover, as highlighted by the NCRB data, people from disadvantaged sections have higher proportion in jails compared to more affluent sections. Legislations such as the Habitual Offenders Act and Beggary Laws allow the police to target SCs/STs for reported crimes.

Mistreatment and Torture: The prisoners, including undertrials, are forced to do hard work without pay or for very meagre compensation against the law. Many prisoners are subjected to torture. The cases of deaths while is custody are also increasing. Women inmates face harassment.

Shortage of Staff: According to one estimate, ~33% of of the total requirement for jail authorities remains unfilled. The number of prison staff to prisoners is about 1:7. (i.e., one prison officer for every 7 prisoners). In the UK, there are 2 prison officers for every 3 prisoners. Without enough prison staff, overcrowding in the prisons leads to incidence of violence and other illegal activities.

Poor Hygiene: Most prisons tend to be dirty and unhygienic. There is lack of adequate medical facilities. Women inmates face further challenge due to poor hygiene and lack of adequate facilities. Often there is lack of appropriate facilities to take of extreme weather (hot or cold days/nights).

Social Issues: Prisoners are denied opportunity to periodically interact with their families. Prolonged separation from families can lead to mental health issues.

Psychological Issues: Prolonged incarceration without trial can lead to depression in undertrials. Convicts lodged in overcrowded cells may suffer from panic attacks, stress, anxiety and claustrophobia among others. This can cause them to hurt others or inflict self-injury including suicide. The prison thus worsens the situation rather than reforming the convict.

What has been the Judicial view regarding Prison Reforms?

The Higher Judiciary has played a significant role in ensuring safety and security of the inmates and the people in custody.

Sunil Batra v. Delhi Administration (1978): The Supreme Court held that prisoners are entitled to all fundamental rights which are consistent with their incarceration. Emphasizing the need for humane treatment of prisoners and protection of their basic human rights, the Supreme Court in Sunil Batra II (1983), observed: (a) “Fundamental rights do not flee the persons as he enters the prison although they may suffer shrinkage necessitated by incarceration.”; (b) The SC outlined the substantive and procedural rights to which the prisoners are entitled; (c) “Pushing the prisoner into a solitary cell, denial of necessary amenities, transfer to a distant prison where visits or society of friends or relations may be snapped, allotment of degrading labour, assigning him to a desperate or tough gang and the like, may be punitive in effect. Every such affiliation or abridgment is an infraction of liberty or life in its wider sense and cannot be sustained.”

Rudal Shah v. State of Bihar (1983): It was held that, if the trial against a prisoner concludes into acquittal the prisoner is entitled as a matter of right to be released forthwith. After an order of acquittal, the person cannot be detained behind the prison walls.

Sheela Barse v. State of Maharashtra (1983): The SC (on a complaint of custodial violence to women prisoners in jails) directed that those helpless victims of prison injustice should be provided legal assistance at the state cost and protected against torture and maltreatment.

Sanjay Suri v. Delhi Administration (1988): The SC held that the prison authorities should change their attitude towards prison inmates and protect their human rights.

DK Basu v. State of West Bengal (1997): It was held that, the information of arrest is required to be given to the friend or relative of accused immediately, while he is arrested. The purpose is very clear that, by this communication the relative or friends of accused can start the efforts to know the facts of accused, to obtain the legal advice and take the defense against an application for remand and do the necessary preparation for bail.

Dharambir v. State of U.P (2010): The SC directed the State Government to allow family members to visit the prisoners and for the prisoners at least once a year, to visit their families under guarded conditions.

Re Inhuman Conditions in 1382 Prisons (2016): The Counsel for the Petitioner filed before the Supreme Court of India under Article 32 of the Indian Constitution to address the status of Prison reforms in India and to issue directions for prison reforms. The SC delivered a landmark judgment which regard to the legal and constitutional rights of prisoners in India especially the under trial prisoners. The Prisoners are no less human than others and therefore must be treated with dignity. In compliance of the SC’s directions, the Model Prison Manual 2016 provides for establishment of Under-trial Review Committee among others.

What are the challenges to Prison Reforms?

First, Prisons are a state subject, this creates difficulty in having uniform prison management. The Union Government can only frame models for the States to incorporate and help in coordinating between States, encouraging them to adopt best practices. However, ultimately it is the obligation of State Governments to undertake the reforms.

Second, Prisons in India are still governed by the Prisons Act, 1894. It is a colonial legislation which treats prisoners as sub-par citizens, and provides the legal basis for punishment to be retributive, rather than rehabilitative.

Third, There is a lack of political will to undertake the reforms. Some experts argue that the provisions of the Representation of People’s Act exclude prisoners from the right to vote . This disincentivizes the political leadership from taking concrete action for prison reforms.

What are the various Committees and Recommendations regarding Prison Reforms?

Justice Mulla Committee (1983): (a) All India cadre for prison staff and bringing prison under the concurrent list; (b) Government should form a National Policy on Prisons; (c) Government to use alternatives to imprisonment such as community service etc.

Justice V. R. Krishna Iyer Committee on Women prisoners (1987): (a) Separate institutions with women employees alone for women offenders; (b) Necessary provisions to restore the dignity of women even if convicted.

Committee under the Chairmanship of Director General, Bureau of Police Research and Development (BPR&D) (2005): It used the reports of Justice Mulla Committee Report and Justice Krishna Iyer Committee and made several additional and new recommendations. It also drafted a National Policy on Prison Reforms and Correctional Administration, 2007.

Justice Amitava Roy Panel on Prison Reforms: The panel was appointed by the Supreme Court in 2018. The Committee submitted its report on February 2020. (A) Overcrowding: (a) Special fast-track courts should be set up to deal with petty crimes; (b) Lawyers – Prisoners Ratio: There should be at least one lawyer for every 30 prisoners; (B) Understaffing: (a) The Supreme Court should pass directions to start the recruitment process against vacancies; (b) There should be use of video-conferencing for trials; (C) Prisoners: (a) Every new prisoner should be allowed a free phone call a day to his family members to see him through his first week in jail; (b) Alternative punishments should be explored.

What should be the approach to Prison Reforms going ahead?

First, It is imperative that non-incarceration-based solutions be found to address the overcrowding in prisons. These could include: (a) Releasing inmates who are sick or elderly; (b) Lowering penalties; (c) Allowing bail to be set at prices that are affordable; (d) Employing non-carceral methods of holding people accountable for their crimes; (e) Speeding up the trial process.

Second, the criminal justice need to be reformed as well. Additionally, there is a need to enact a bail law to make the provision of bail more objective, reducing subjectivity practiced by lower courts.

Read More: The Need for a Bail Law – Explained, pointwise

Third, there is a need to make the police forces more sensitive and training them in emerging technologies as suggested by the PM in recent conference.

Fourth, there should be enhanced cooperation between the State Police and Central Agencies to leverage capabilities and share best practices.

Fifth, Important judicial decisions have broadly defined the contours of the human rights of prisoners, which must necessarily be ensured in practice.

Conclusion

The status of prisons in India remains dismal on multiple counts. The Supreme Court has pronounced some progressive Judgments on the issue of rights of Prisoners. Multiple Committees have provided some effective recommendations to undertake prison reforms. However, the lack of political will by Union and State Governments has stalled the process. While Judiciary can also a play a role in reducing the number of undertrials, broad prison reforms have to be undertaken by the Governments. The trend of rising proportion of undertrials and overcrowding of prisons indicate that the process of reforms can no longer be delayed.

Syllabus: GS II, Important aspects of Governance, Accountability.

Source: The Hindu, The Hindu, The Hindu, Lok Sabha Reference Note

GS PAPER - 3

What ails the Ken-Betwa River link project?

Source: The post is based on the article “What ails the Ken-Betwa River link project?” published in The Hindu on 25^th January 2023.

Syllabus: GS 3 – Environment

Relevance: concerns associated with the Ken-Betwa Link Project.

News: The Steering Committee of the Ken-Betwa Link Project (KBLP) held its third meeting recently. KBLP is an important project but it also has challenges associated with it.

What is the Ken-Betwa Link Project?

Read Here: What is the “Ken-Betwa Link Project”?

What are the concerns with the KBLP project?

The government’s plan is based on a ‘surplus and deficit’ model for the project and as per experts, this model has little scientific basis. They are also concerned that the project will endanger the water security of Panna.

Sections 29 and 35(6) of the Wildlife (Protection) Act 1972 restrict human activities within ‘sanctuaries’ and ‘national parks’ without prior approval and the project aims at going against the provisions.

Further, diversion or stopping or enhancement of the flow of water into or outside wildlife sanctuaries/parks is prohibited unless it is deemed to be necessary.

The Central Empowered Committee (CEC) of the Supreme Court has also found that such diversion is not necessary to improve and better manage wildlife in the park.

Moreover, downstream of the national park lies the Ken Gharial Sanctuary which was created to protect the critically endangered Gangetic gharial. Therefore, the proposed dam may also have an impact on the flow of water of the sanctuary.

Further, the project is still to receive full forest clearance, environment approval from the National Green Tribunal. Still, it got Cabinet approval and was announced for implementation in the 2022-23 Union budget.

What are the legal problems with the project?

As per CEC, approval given by the Standing Committee of the National Board for Wildlife (NBWL) to the KBLP has not been proved to be necessary for the improvement and better management of the wildlife.

Further, as per the experts, an independent hydrological study of river Ken is necessary and no developmental project should destroy the ecology of the fragile ecosystems and an important tiger habitat in the country.

How will the Panna tiger reserve be affected by the KBLP?

Panna tiger reserve lost all of its tigers by 2009 and it took lots of efforts and almost a decade to reintroduce them back. Panna has deep gorges which will be drowned if a new dam is built.

Further, the government has sought to develop a larger Panna Tiger Landscape to provide an alternative option. But this may not be the solution as landscape should be created in any case.

Moreover, such landscape-level action is also required around most wildlife areas in light of a new global target to protect 30% of global terrestrial and marine areas by 2030, finalized at the COP15 of the United Nations Biodiversity Conference 2022.

What can be the way ahead?

As per experts, it will be more economical and faster if the governments restored Bundelkhand’s lakes and ponds rather than building dam. The region already receives adequate annual rainfall.

Hence, KBLP has both technical and legal issues and it can also intensify water conflicts between Madhya Pradesh and Uttar Pradesh.

Building resilience for the long game

Source– The post is based on the article “Building resilience for the long game” published in the Business Standard on 25th January 2023.

Syllabus: GS3- Indian economy and mobilisation of resources

Relevance– Issues related to fiscal policy

News-The article explains the economic scenario around the world and for India. It also provides some suggestions for the upcoming budget.

What is the expected economic scenario for FY2024 around the world and for India?

2023 is likely to be a year of global economic slowdown. The impact of synchronised and aggressive monetary policy tightening cycles will be felt.

Mild recession in both the US and Europe is expected.

This will affect India’s growth via weak exports and delayed private investment.

India’s real GDP growth can be below the estimated level.

Nominal GDP growth is likely to be slow due to moderation in commodity price. Tax buoyancy is highly sensitive to nominal GPP. It means that a moderation in tax buoyancy is expected in FY24.

What should be the focus of the coming budget?

The budget should focus on fiscal consolidation. The central government’s fiscal deficit of around 6.5 per cent of GDP.

Public infrastructure spending should be increased, but without compromising on consolidation.

It should be done by using money created by the reduction in food and fertiliser subsidy bills, and other revenue-raising mechanisms such as asset monetisation.

There is a need to rationalise personal income taxes so that more individuals opt for the new regime of lower taxes and fewer exemptions.

But a broader reduction in the effective tax rate will add to the government’s fiscal burden, without boosting consumption. A more targeted support for lower income households, may be more worthwhile.

From a medium-term perspective, it should aim for creating more jobs by boosting the manufacturing sector. There is a need to steer away from protectionist measures such as Custom duty hikes.

More focus on skill development to empower the youth, increased agriculture investments to boost farm productivity, and using digital infrastructure to find and connect new markets.

In the long term, there will be high energy demand. So, it is essential that this increased energy comes with minimum environmental impact.

India needs to be green first, rather than transition to green later. This requires investments in renewables, green technology and large-scale afforestation.

Agriculture and food security depend on access to a consistent supply of fresh water. Investments are required to ensure water availability across the country.

There is a need to create stronger counter-cyclical fiscal buffers. Setting aside a small percentage of revenues every year, will enable us to smooth out the fiscal deficit over the years.

Joshimath On Sea? – Mega projects for Andaman and Nicobar need to be ultra-sensitive about ecology and tribes

Source: The post is based on the article “Joshimath On Sea? – Mega projects for Andaman and Nicobar need to be ultra-sensitive about ecology and tribes” published in The Times of India on 25th January 2023.

Syllabus: GS 3 – Conservation, environmental pollution and degradation, environmental impact assessment.

Relevance: About Great Nicobar Project.

News: Nearly 100 former civil servants represented themselves to the President against the development plans on Great Nicobar Island.

About the Great Nicobar Project

Read here: Nicobar project gets assent for diversion of 130 sq km of forest

What are the strategic and ecological significances of the Great Nicobar project?

Read more: Strategic and ecological significance of the Great Nicobar project

What are the concerns associated with the Great Nicobar project?

The project is likely catastrophic for the island’s sensitive ecology and indigenous hunter-gatherer tribes like the Shompen who are already listed as a ‘particularly vulnerable tribal group’.

The region has some of India’s largest mangroves and that over half the species of butterflies, 40% of birds and 60% of mammals are endemic to the region. All of this unique biodiversity could be lost forever.

What should be done?

Disregarding the ecological sensitivity of the region could see the making of another Joshimath-like catastrophe on a grander scale. Compensatory afforestation in Haryana or MP will not prevent such a catastrophe. Therefore, any future plans to develop the Andaman and Nicobar Islands need to seriously factor in the environmental impact on the region.

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