EDITORIAL DISCUSSION CLASSES - 2018 · Criminal Procedure Code. As per the newly added proviso to...

ED CLASS – 19 LUKMAAN IAS

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EDITORIAL DISCUSSION CLASSES - 2018

ED CLASS – 19 (19 MARCH-07 APRIL)

GS PAPER II: POLITY, GOVERNANCE & SOCIAL JUSTICE

TOPIC 1: CONSTITUTIONAL AND LEGAL PROTECTIONS TO CIVIL SERVANTS AND THEIR UTILITY 02

TOPIC 2: THE TUSSLE BETWEEN DELHI BUREAUCRACY AND POLITICAL EXECUTIVES 07

TOPIC 3: SUPREME COURT’S FINAL BLOW TO REIGN OF KHAP PANCHAYAT 13

TOPIC 4: DILUTION OF SC/ST ATROCITIES ACT 17

TOPIC 5: MINORITY STATUS TO LINGAYAT 27

TOPIC 6: SHOULD SPORTS GAMBLING BE LEGALISED IN INDIA? 30

TOPIC 7: NITI AAYOG HEALTH INDEX REPORT: “HEALTHY STATES, PROGRESSIVE INDIA” 33

GS PAPER II: INTERNATIONAL RELATION

TOPIC 8: INDO-NEPAL RELATIONS: IN THE BACKDROP OF VISIT OF PM OLI 37

GS PAPER III: SCI & TECH., ECONOMY, IT &INTERNAL

SECURITY

TOPIC 9: WATER CRISIS: THE ALARM BELL HAS RUNG 40

TOPIC 10: INDIA’S SOLID WASTE MANAGEMENT PROBLEM 49


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TOPIC 1: CONSTITUTIONAL AND LEGAL PROTECTIONS TO CIVIL

SERVANTS AND THEIR UTILITY THE CONTEXT: Rajasthan Government had issued a controversial ordinance in September 2017. This ordinance had provided the extensive protection to Public Servants, Magistrates and Judges who were facing allegations of corruption. After nation wide uproar, it was allowed to be lapsed. But, issue of constitutional and legal protection to civil servants and its misuse has come to the fore once again.

WHAT WAS THE ORDINANCE ? ❖ The Criminal Laws (Rajasthan Amendment) Ordinance, 2017 amended Section 156 and 190 of

Criminal Procedure Code. ❖ As per the newly added proviso to Section 156(3) a

magistrate cannot direct an investigation against a Judge, Magistrate and a public servant except with the previous sanction under Section 197 CrPC.

❖ A similar proviso was added to Section 190 also. ❖ It also provides a time limit of 180 days for the

authorities to consider a sanction request. If no decision is taken within the time limit, the sanction would be deemed to have been provided.

❖ The Ordinance also restricts media reporting by prohibiting disclosure of identity of the public servants, till such sanction is obtained. Contravention to this provision would entail 2 years of imprisonment along with fine.

THE CHANGES SOUGHT TO INTRODUCE THROUGH THIS ORDINANCE

Before Ordinance After Ordinance Prior sanction of Govt was required during Prosecution as per section 197 of CrPC

Prior sanction of govt. is required at the stage of Investigation also.

Media was free to report on the corruption allegations against public servants

Media was gagged

Rajasthan Ordinance was inspired by the similar law passed by Maharashtra Assembly in 2015

Maharashtra Criminal Law Amendment,2015 introduced the following changes: ❖ Modified Section 156 and 190 of CrPC to include prior govt sanction requirement during

investigation stage against public servants. ❖ Time limit of 90 days for the authorities to consider sanction request.

This law was reserved for President’s assent by Governor and later on it received the nod of the President. However, it s constitutional validity has been challenged in Bombay HC and SC. However Rajasthan Ordinance was more draconian since:

❖ Maharashtra law has included only public servant but Rajasthan ordinance had covered magistrates and judges also.

❖ Rajasthan ordinance had provided the 180 days limit for authorities to consider the sanction request.

❖ Gagging of Media by Rajasthan Ordinance.

✓ Criminal laws such as IPC and

CrPC come under Concurrent

List (Schedule 7).

✓ It means that States can also

amend CrPC considering that

it should not become

repugnant to the Union Law.


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THE ISSUES RAISED BY THIS ORDINANCE

CONSTITUTIONAL AND LEGAL PROTECTION MECHANISMS FOR CIVIL SERVANTS

ARTICLE 311 OF CONSTITUTION

❖ Article 311 deals with the dismissal, removal and reduction in rank for civil servants - first of all he/she can not be removed/dismissed by an authority subordinated to the appointing authority.

❖ It also provides for the safeguard mechanism like conducting an inquiry and giving him/her opportunity to present his/her case.

SECTION 197 OF CrPC

❖ Under Section 197 of the Criminal Procedure Code (Cr.PC), no court should take cognisance of criminal charges against a public servant unless previous sanction to prosecute him is received from a competent authority.

❖ This safeguard is meant to help government servants perform their duties honestly without fear of malicious prosecution.

SECTION 19 OF PoCA,1988

❖ Section 19 imposes a bar on the court to take “cognisance” of an offence till sanction is obtained from the government.

❖ The bar is against the court to take cognisance for the purposes of trial.

Plethora of Constitutional and Legal Protection mechanisms for Public Servants

Gagging of Media

Frivilous cases against civil servantsWhat should be the adequate safeguard

mechanisms?

Issues Raised by This Ordinance

Legal Protection (CrPC-197 ; PoCA

- Section 19)

Constitutional Protection

( Article 311)

Civil Servant


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SECTION 6 A OF DSPE ACT,1946

❖ It provided for the “single directive” ie. CBI had to seek prior govt. sanction for even conducting the preliminary enquiry of corruption cases against civil servants of the rank Joint Secretary and above .

❖ However, it was declared null and void by the SC in 2014.

IMPORTANT SUPREME COURT JUDGEMENTS VINEET NARAIN

CASE,1997 ❖ Supreme Court gave the landmark judgment to ensure the independence

and autonomy of CBI. o It abolished the concept of “single directive”. o Govt. Sanction for prosecution should be given within 3 months.

Additional 1 month may be given if consultation with AG is required. o Govt was directed to give 2 year fixed tenure for CBI Director o CVC to have superintendence over CBI with respect to corruption

related cases. ❖ It directed the govt to give CVC a statutory status.

SUBRAMANIAN SWAMY

CASE(SECTION 6 A OF DSPE ACT),

2014

❖ SC declared Section 6A of the Delhi Special Police Establishment Act as unconstitutional and void. Section 6 A granted protection(prior sanction of govt) to joint secretary and above officers from facing even a preliminary inquiry by the CBI in corruption cases.

❖ Observing that there could not be any protection to corrupt public servants, the Bench said, “The aim and object of investigation is ultimately to search for truth and any law that impedes that object may not stand the test of Article 14. Breach of rule of law, in our opinion, amounts to negation of equality under Article 14. Section 6-A fails in the context of these facets of Article 14.”

SC OBSERVATION W.R.T SECTION

197 OF CrPC (2015)

❖ Sec. 197 has largely become a ruse to delay prosecution in corruption cases. ❖ Section 197 of CrPC was only available to a public servant for the honest

discharge of his duty. Prosecution for corruption should be exemplary and without delay, the apex court observed.

❖ Besides, this protection cannot be claimed immediately after a complaint is lodged. The question of prior sanction would be considered later, during stages in the criminal trial, as and when the need arises, the apex court observed.

❖ Public servants have, in fact, been treated as special category under Section 197 of CrPC to protect them from malicious or vexatious prosecution. Such protection from harassment is given in public interest; the same cannot be treated as a shield to protect corrupt officials

MERITS OF HAVING LEGAL AND CONSTITUTIONAL PROTECTIONS

Protection against arbitrary

removal/dismissal

❖ Article 309 provides for “doctrine of pleasure”. So it becomes necessary to provide certain safeguards(article 311) against the arbitrary usage of this doctrine.

Protecting the honest civil

servants

❖ These safeguards helps the honest civil servants to stand against the high and mighty inside and outside the system.

❖ For example IAS officers like Durgashakti Nagpal and Ashok Khemaka etc could raise the issues and still surviving in the system due to these safeguards.


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Helps in bold Decision Making and Avoidance of

Risk Aversion

❖ Civil Servants at the higher level ( JS and above) needs to be decisive instead of being status-quoist.

Protects Civil Servants against

Bonafide Mistakes

❖ These protections helps in shielding the civil servants from undue harassment due to the honest mistakes committed during their call of duty.

Helps in Sustaining Political Pressure

❖ In the time of rapidly growing politicization of bureaucracy, these safeguards help the honest civil servants to remain non-partisan and not bending in front of their political masters.

❖ It also helps in giving free, frank and fair advice to the political executives.

Shielding Public Servants from frivolous cases

❖ Frivolous cases against civil servants are rising day by day. These cases can hamper the productivity of the civil servants. So it is necessary to keep civil servants from these frivolous cases.

❖ For example, in Bihar, an honest and young IAS officer was jailed and suspended on a frivolous bribery case filed on behalf of ‘entry mafia’.

DEMERITS OF HAVING SAFEGUARD MECHANISMS FOR THE CIVIL SERVANTS

Misused by Corrupt Civil

Servants

❖ As observed by Supreme court and 2nd ARC, these protection mechanism has largely been become an instrument to delay the investigation and prosecution by the corrupt civil servants.

Against Article 14 ❖ These safeguards grants a special status to the civil servants compared to other people. This goes against the principle that “everyone is same in the eyes of law”.

Leads to thoughtless

decisions

❖ Many a time, civil servants resorts to thoughtless decisions thinking that these safeguards will help them even if something wrong happens due to the decision.

Not effective for protecting honest civil servants also

❖ Even after having so extensive safeguard measures, honest civil servants are repeatedly harassed by the system.

❖ For example- in Bihar IAS officer case, he got justice due to judiciary (HC and SC) not because of safeguards.

Not practiced in most of the

countries

❖ India is perhaps one of very few countries where a public servant, who, though an agent of the government, has the power to invoke Constitutional rights against the government which is his/her employer.

Strong and Independent

Judiciary negates the need of special

safeguards

❖ Time and again, superior courts (HC and SC) have proved their unwavering support to protect the rights of the people.

❖ With ‘Rule of Law’ as part of basic structure, there is no need of having special safeguards for civil servants.

WAY FORWARD There is no doubt that some sorts of safeguards are necessary to protect the honest civil servants from the vexatious and malicious prosecution. However, a balance needs to be created so that these safeguards can not be utilized by the corrupt public servants to further their ulterior motives. In this regards some of the following steps can be taken:

❖ Neither central govt nor state govts should come up with executive order/law which provides for prior govt sanction even at the investigation stage. How can an investigative agency can ask for


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govt sanction when it has not even started the investigation and does not has required evidence, material and proof.

❖ CrPC 197 should be utilized in a reasonable manner as directed by Supreme Court. It should not become a ploy for the corrupt civil servants to delay the prosecution.

❖ Various commissions/committees have recommended for the reviewing the constitutional safeguards as per the changed times:

NCRWC ❖ The constitutional safeguards have in practice acted to shield the guilty against swift and certain punishment for abuse of public office for private gain

❖ It has accordingly become necessary to revisit the issue of constitutional safeguards under Article 311 to ensure that the honest and efficient officials are given the requisite protection but the dishonest are not allowed to prosper in office

Hota Committee

❖ It recommended that Article 311 should be amended to facilitate summary removal of corrupt civil servants on the charges of illegal gratification and having assets disproportionate to his/her known source of income.

❖ It also recommended the provision of post-decisional hearing.

Second ARC

❖ It recommended for the removal of Article 310 and 311. ❖ Suitable legislation to provide for all necessary terms and conditions of

services should be provided under Article 309, to protect the bona fide actions of public servants taken in public interest; this should be made applicable to the States.

CONCLUSION: When Sardar Patel argued for protection of civil servants, the intention was clearly to embolden senior civil servants to render impartial and frank advice to the political executive without fear of retribution. But these constitutional and legal protection has become a source to embolden the corrupt civil servants which is undermining the public interest itself. The need of the hour is to review all the available legal and constitutional protections and come up with the “reasonable” protection measures which provide encouragement to honest civil servants and at the same time they should not become hindrance in the prosecution of corrupt civil servants.

ARTICLE 311 : AGAINST THE SPIRIT OF DEMOCRACY ?

❖ Article 311 is a vestige of colonial legacy since it is inspired by the similar article in Govt Of India Act, 1935. But GoI Act, 1935 ensured that civil servants were held accountable to British Parliament.

❖ This Article was added in our constitution in different political and socio-cultural scenario. But with the increasing criminalisation of politics and nexus among criminals, bureaucrats and politicians, this article has become an instrument to shield the corrupt civil servants.

❖ 2nd ARC is correct in saying that “rights of a civil servant under the Constitution should be subordinate to the overall requirement of public interest and the contractual right of the State.”

❖ In sum, constitutional and legal protections for civil servants should be in compliance with the democratic ideals of our compassionate constitution.


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TOPIC 2: THE TUSSLE BETWEEN DELHI BUREAUCRACY AND

POLITICAL EXECUTIVES THE CONTEXT: The alleged assault of Delhi Chief Secretary by two MLAs from ruling party had led to bitter fight between Bureaucracy and Political Executives in Delhi. This has once again raised the issue of complicated relations between Civil Servants and Political Executives in general and special constitutional and legal provisions with respect to Delhi which leads to frequent confrontation between Ministers and Civil Servants.

THE CHRONOLOGY OF EVENTS Chief Secretary’s Version AAP’s Version

➢ There was an issue over “delay” in releasing a three-year anniversary TV campaign for the Delhi government.

➢ This Ad had a statement that “corruption in Delhi has fallen by 80%”

➢ Since there was no evidence to substantiate the claims. Ad was not passed by CS.

➢ CM called an urgent Meeting at 12 Mid-Night ➢ He was pressurized to release the TV

campaign. ➢ Angry MLAs assaulted him when he reiterated

his stand.

➢ Issue was related to grievances of around 2.5 lakh ration card holders who were not getting their entitlements due to faulty implementation of Aadhaar.

➢ CM called an urgent meeting since people were putting pressures on their respective MLAs.

➢ In the meeting, CS refused to answer the questions arguing that he is responsible to only LG not to CM or MLAs

➢ Even used castiest remarks against some MLAs and left without answering the questions.

THE ISSUES HIGHLIGHTED BY THIS EVENT

Special legal framework for Civil Servants in Delhi

Complicated Relations Between Bureaucracy and Political

Executives

The Need of Harmonious relations between CM and CS

Politicisation of Bureaucracy

Delhi Chief Secretary Assault

Saga


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❖ This whole incident has highlighted the deep mistrust between the Delhi Bureaucracy and Political Executives in Delhi.

❖ This also raises the question that how the elected representatives are expected to govern and fulfill their promises when they do not have the essential instrument(read Bureaucracy) to realise those promises at their disposal?

HOW DELHI IS GOVERNED/ADMINISTERED? CONSTITUTIONAL AND LEGAL PROVISIONS ❖ Article 239 (Administration of Union territories) ❖ Article 239 AA (Special provisions with respect to Delhi) ❖ Government of National Capital Territory of Delhi Act, 1991 and the Transaction of Business of

the Government of NCT of Delhi Rules, 1993 ❖ Notifications/Executive Orders issued from time to time from Central Govt/Home Ministry.

Delhi HC judgement, 2016 Delhi HC declared that Lieutenant Governor is the administrative head of National Capital Territory of Delhi and he is not required to act on the advice of the Delhi Cabinet.

CIVIL SERVICES IN DELHI

Pursuant to Delhi HC judgement, it is clear that both IAS Officers of AGMUT Cadre as well as DANICS Officers are administered by Central Govt through Home Ministry. Delhi Govt has no jurisdiction over Service matters. It is LG through which central govt manages the appointments, transfers and postings of Civil Servants in Delhi. In service matters, LG has full discretionary power to seek the opinion of CM as and when the former deemed it fit.

REASONS FOR DELHI CHIEF SECRETARY SAGA No Control over “service”

matters by Delhi govt ❖ Because of the special arrangements in case of Delhi, elected govt has

no powers over matters related to “services”. ❖ This has resulted into disharmonious relations between current AAP

govt and Bureaucracy have been quite thorny.

IAS Officers of AGMUT Cadre

DANICS Officers

Subordinate Employees of Delhi Govt.


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Confrontation between Delhi Govt and Central

Govt

❖ Relations between Central govt and Delhi Govt are quite bad due to political reasons. Due to this they are not on the same page with respect to appointments and postings of bureaucrats.

❖ Moreover, central govt appoints its loyal officers at sensitive posts to create obstructions for the Delhi govt.

Amateur Political Executives

❖ With no prior experience of working with bureaucracy and their anti-establishment approach, creates a chasm between elected govt and permanent executives.

❖ Acts like criticising CS in front of his juniors, not treating them with dignity etc creates a hostile environment.

Immediate issue of “Govt Advertisement” and

“Ration Cards”

❖ As per the bureaucracy, the differences between the CM and CS was over non-approval to “Govt Ad” since CS believed that there was no evidence to prove the statement “Corruption has been reduced by 80% in last 3 years”.

❖ On the other hand Political Executives said that CS was not taking appropriate measures to solve the grievances of more than 2.5 lakh Delhi citizens who were not getting their rations due to faulty implementation of Aadhaar.

Partisan approach of IAS/IPS associations

❖ The issue was highlighted by these associations by projecting it a matter of their dignity and self-respect.

❖ But these same associations do not come forward when their honest colleagues like Rajendra Kumar,Ashok Khemaka etc are victimised.

THE RELATION BETWEEN BUREAUCRACY AND POLITICAL EXECUTIVES A healthy working relationship between Ministers and civil servants is critical for good governance. The relationship between the Secretary and the Minister is organic. The Minister has the mandate of the people to govern, but the Secretary has an equivalent constitutional mandate to advise the Minister. Once the secretary’s advice has been suitably considered, unless the Minister passes an illegal order, the Secretary is bound to implement it. The Minister, on his/her part, is required to support the Secretary who is implementing his/her order

SPECIAL RELATION BETWEEN CHIEF MINISTER AND CHIEF SECRETARY

❖ Though there is a need of harmonious relationship between political executives and bureaucracy at all levels but the relation between CM and CS is quite special. It is CS which effectively runs the whole administration of the state. So if CM wants to implement his/her election manifesto then CS should be someone whom he/she can trust without any doubts.

❖ In this context, Supreme Court in T.P Senkumar case(2017) mentioned that: “While the chief secretary can be removed if he or she does not enjoy the confidence of the chief minister or does not have a complete rapport and understanding with the CM, the removal cannot be questioned unless there is a violation of some statutory or constitutional provision. But that is not so with the state police chief.”

❖ SC further said that chief secretary is the "lynchpin" in the administration and the CM must have complete confidence in him or her and there must be complete rapport and understanding between them.

❖ "Since the CM is in ultimate charge of the administration of the state and is answerable to the people for the achievements and failures of the government, if the chief secretary forfeits the confidence of the CM, he or she may be shifted..."


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COMPLIMENTARY NATURE OF RELATIONSHIPS BETWEEN POLITICAL EXECUTIVES AND

BUREAUCRATS

Elected by People Selected on the basis of Merit

Power based on people’s mandate Power based on constitutional mandate and expertise

Accountable to people Accountable to Minister and Constitution

Principle of Ministerial Responsibility Principle of Anonymity

Layman with respect to Policy matters Expert with respect to policy matters

To Warn, To Comfort and To Command Free, Fair and Frank advice to Minister without fear and favour

Thinks in short term perspective Long term perspective

Need Bureaucracy’s help in policy formulation to fulfill promises made in election manifesto

Helping Ministers in Policy Formulation and once policy is made, implementing it without any bias.

As seen above, the relationship between bureaucrats and political executives is complimentary and supplementary in nature. They both need to work together to achieve the effective governance (SURAJYA or Good Governance).

As Kautilya said, “single wheel can not move the chariot”, in the same way government can not achieve its goals without the active support of bureaucrats.

Surajya ( Good Governance)

Political Executives

(Ministers)

Permanenet Executives

(Bureaucrtas)


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BUREAUCRACY-POLITICAL EXECUTIVE RELATIONS THROUGHOUT THE YEARS

REASONS FOR DETERIORATING RELATIONS BETWEEN BUREAUCRACY AND POLITICAL EXECUTIVES

Over the years, the relations between bureaucrats and political executives have fallen down to very low level. The main reasons for this sad state of affairs are following:

ROLE PLAYED BY BUREAUCRATS

Bureaucrats are no longer Politically

Neutral

❖ The much revered values of Civil Services Neutrality and Non-Partisanship have been ignored by the bureaucrats.

❖ They are increasingly being seen as supporters of some party or other. When rival party comes to the power, bureaucrats who are sympathizer of other party receives unfavorable treatment from Govt.

❖ Ex: There is increasing trend of Bureaucrats becoming MPs/Ministers after resigning from civil services

Increasing Corruption among

Civil Servants

❖ There is a nexus among Politicians-Bureaucrats-Businessmen which is making the relation between political executives and Bureaucrats collusive in nature.

❖ Ex-UP Chief Secretary, MP IAS couple etc

Not giving honest advice to Ministers

❖ Instead of giving free, fair and frank advice, bureaucrats, now a days, tends to give palatable advice which Minister wants to listen.

❖ Ex: Demonetization decision MIGHT BE located into this category.

•GoI Act 1919, and 1935 introduced the Political Executive andSecretary type of responsible Government

•However, the relations between the two were not good

Pre Independe

nce

•Realtions were quite cordial due to quality of leadership andnationalistic fervours

•However, there were few instances like - T.T. Krishnamachari andH.M. Patel (1957) , Gulzari Lal Nanda and L.P. Singh (1966)

1950s and

1960s

•Indira Gandhi era led to the committed bureaucracy ( emergency era-when asked to bend, bureaucrats began to crawl)

•Rajiv Gandhi's infamous episode of removing Foreign Secretary duringPress Conference

1970s and

1980s

•Coalition Politics led to Politicisation of Bureaucracy

•Politicians-Bureaucrats Nexus

1990s and

2000s

•Removal of Foreign Secretary Sujata Singh

•Conviction of HC Gupta and Siddhartha Behura

•Removal of CS and DGPs at the whims and fancies of CM2010s


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Desire of securing plum posting by hook or crook

❖ Every civil servants wants to secure good postings by keeping the Minister happy.

❖ Ex: bribing the relative of Railway Minister by ex- Railway Board Member

Elitist bias and colonial legacy of

Bureaucrats

❖ Political executives are often laymen who has come from the grassroot politics, bureaucrats are highly educated and have plethora of knowledge.

❖ Sometimes this socio-cultural differences creates the misunderstanding between the two.

Not Following code of conduct and Service Rules

❖ Bureaucrats often come out in public/media/social media regarding their grievances which also deteriorates the relations with political executives.

ROLE PLAYED BY POLITICAL EXECUTIVES

Politicians are misusing the

appointments, transfer and

postings

❖ Political Executives are misusing the powers of transfers and postings by appointing their loyalists to plum posts

❖ Even after Prakash Singh Judgement(2006) and TSR Subramanian Verdict (2013), situation remains the same.

Interference in Policy

Implementation Process

❖ Political executives often interfere in the day-to-day working of the administration and often ask the administrators to give special attention to particular area/person etc.

Victimization of Honest Civil

Servants

❖ There are numerous examples of honest civil servants (Durga Shakti Nagpal, Ashok Khemaka, Sanjiv Chaturvedi etc) who have been suspended or given punishment postings.

Focus on vote maximization

❖ Since the focus of political executives are on vote maximization and short term gains rather, political executives do not want a secretary who emphasize on long term perspectives.

WAY FORWARD The relations between Political Executive and Bureaucrats needs to be healthy and harmonious one. In this context, current political executive needs to follow the advice of Sardar Patel, First Home Minister of India, he mentioned that: “Today, my Secretary can write a note opposed to my views. I have given that freedom to all my Secretaries. I have told them, `If you do not give your honest opinion for fear that it will displease your Minister, please then you had better go. I will bring another Secretary!’ I will never be displeased over a frank expression of opinion...”

Second Arc Recommendations With Respect To Relations Between Bureaucracy And Political Executive ❖ There is a need to safeguard the political neutrality and impartiality of the civil services. The onus

for this lies equally on the political executive and the civil services. This aspect should be included in the Code of Ethics for Ministers as well as the Code of Conduct for Public Servants.

❖ “abuse of authority unduly favouring or harming someone” and “obstruction of justice” should be classified as an offence under the PoCA 1988.

❖ It is essential to lay down certain norms for recruitment in government to avoid complaints of favouritism, nepotism, corruption and abuse of power.

There are various other steps which should be taken to improve the situation: ❖ First of all, transfers and postings of civil servants should be done according to mechanisms

suggested by SC in Prakash Singh Case(2006) and TSR Subramanian Case(2013) ie. Police


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Establishment Board and Civil Services Board should be bestowed with REAL power of transfers and postings.

❖ Political interference in day to day policy implementation process should be limited only to exceptional cases in public interest only.

❖ As far as possible reasonably well-learned person should be chosen by PM/CM as a Minister.

❖ Bureaucrats should also observe “Programme Neutrality” along with “Political Neutrality”. Once a policy or programme has been approved by the elected government, it is the duty of the civil servant to faithfully and enthusiastically see to its implementation irrespective of whether they are in favour of policy or not.

❖ IAS/IPS associations should not be politically biased in their approach. Their actions or inactions should be based on a clear approach which should be followed in each and every case.

❖ There should be cool-off period before which a civil servant can join active politics and become MPs/Ministers.

❖ Lastly, Civil Servants should understand politics but they should never indulge in politics. Especially, in case of Delhi, though LG is the administrative head of Delhi, but appointment at sensitive posts such as CS should be taken based on consensus between LG and CM otherwise it would be very difficult for the elected govt to fulfil its promises made to people in its election manifesto.

CONCLUSION: Bureaucracy and Political executives are two pillars on which the edifice of government stands. They need to understand and respect each-other’s role. If they start fighting with each other then the whole system of govt will come down soon. The unfortunate chain of events in Delhi, reminds us that there can not be effective governance without the harmonious relations between political executives and bureaucracy.

TOPIC 3: SUPREME COURT’S FINAL BLOW TO REIGN OF KHAP

PANCHAYAT THE CONTEXT: In its scathing judgment on 27th March,2018, SC declared that it is absolutely illegal for Khap Panchayat to interfere in the marriages of the consenting adults. It also formulated detailed guidelines with respect to preventive, remedial and punitive measures which state govts are expected to follow. THE JUDGEMENT ( SHAKTI VAHINI VS. UOI & OTHERS)

❖ The apex court's judgment came on a plea by an NGO called Shakti Vahini. The plea urged the apex court to address the issue of bodies like Khap panchayats issuing diktats and interfering in marriages that did not meet their approval.

❖ The Supreme Court ruled that any attempt by Khap Panchayats or any other assembly to scuttle or prevent two consenting adults from marrying is “absolutely illegal”.

❖ It also laid down a slew of measures to protect inter-faith and inter-caste marriages generally objected to by the Khap Panchayats. These remedial, preventive and punitive measures will hold field till the legislature brings in a law.

✓ Khap is a cluster of villages united by

caste(gotra) and geography.

✓ Khap Panchayats govern the khap. It

consists of few influential village elders.

✓ They work as quasi-judicial bodies and

pronounce judgments based on age-old

practices and customs.

✓ Sarv Khap is the assembly of many khap

panchayats.


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❖ Sending out a stern message to Khap Panchayats, the Supreme Court had in February cracked the whip against them and told them to "not become conscience keepers" as the "law will take its own course". Further, the apex court had stated that it was in the jurisdiction of the courts to decide if a marriage was legally valid or not. The Supreme Court had pulled up Khap Panchayats for taking the law into their own hands.

❖ The bench made it clear that whether a marriage was null or void or illegal could be decided by the court under the law.

SOME QUOTABLE QUOTES FROM SC JUDGEMENT • Assertion of choice is an insegregable facet of liberty and dignity.

• Class honour, howsoever perceived, cannot smother the choice of an individual which he or she is entitled to enjoy under our compassionate Constitution.

• The old order has to give way to the new. Feudal perception has to melt into oblivion paving the smooth path for liberty.

• When the ability to choose is crushed in the name of class honour and the person’s physical frame is treated with absolute indignity, a chilling effect dominates over the brains and bones of the society at large.

• Article 21 which provides for protection of life and liberty and guards basic human rights and equality of status has been unceremoniously shown the exit by the actions of these Panchayats or the groups who, without the slightest pangs of conscience, subscribe to honour killing.

• The pernicious practice of Khap Panchayats and the like taking law into their own hands and pronouncing on the invalidity and impropriety of Sagotra and inter-caste marriages and handing over punishment to the couple and pressurizing the family members to execute their verdict by any means amounts to flagrant violation of rule of law and invasion of personal liberty of the persons affected.

SUPREME COURT’S GUIDELINES Preventive Measures

❖ Vulnerability mapping of village/subdivision/districts based on past honour crimes by state govts

❖ SHO of these identified areas needs to be extra-cautious in case of new instances of inter-caste and inter-religious marriages

❖ DSP of that area should try his/her best to not allow the gathering of Khap Panchayat

❖ Even if the assembly takes place, DSP should ensure that no untowards decision is taken by the assembly to harm the couples or their family members. Also, video recording should be made of whole proceedings.

❖ If DSP believes that Khap Panchyat is likely to cause harm to couples then he/she should ask SDM/DM to issue prohibitory orders under CrPC 144 and 151.

❖ Union Home Ministry in coordination with respective state govts should sensitize the law enforcement authorities

❖ There should be institutional machinery with the necessary co-ordination of all stakeholders.

❖ Social initiatives and awareness generation by union and state govts.

Remedial Measures

❖ Despite preventive steps if Khap Panchyat had taken place and it passed its diktat then FIR should be registered asap under appropriate IPC provisions.

❖ SP/DSP should ensure that effective investigation of the crime is done and taken to its logical end with promptitude


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❖ The district magistrate or police chief have to provide couples, who risk the wrath of khap panchayats, not only with logistics and protection at their wedding but also a “safe house” to stay during the first year of marriage.

❖ The safe house, located in the same district or elsewhere, can accommodate the couple for a nominal charge. State governments have to establish safe houses in district headquarters.

❖ But before the district magistrate or the police chief take the couple under their official protection, they have to assess whether the “bachelor-bachelorette are capable adults.”

Punitive Measures

❖ Any failure on the part of the police or a district officer would make them liable for departmental action for deliberate negligence or misconduct.

❖ The Supreme Court has asked States to create Special Police Cells in every district, provide 24-hour helplines for couples and set up fast track courts to complete honour killing trials in six months.

NOTHING HONOURABLE IN HONOUR KILLING

Honour crimes which includes honour killing is quite prevalent in some of the north Indian states. Honour killing means the murder of the family member, mostly female, who is believed to have brought dishonour to the family or community. On the name of honour, feudal and patriarchal tendencies is shown in the broad day light, silencing the voice of the consenting adults. Sisters/Daughters/Wives are just treated as the subordinate , even servile or self-sacrificing having no individual-autonomy, desire or identity. In Lata Singh Case, SC mentioned that: “There is nothing honourable in honour killing or other atrocities and, in fact, it is nothing but barbaric and shameful murder. Other atrocities in respect of personal lives of people committed by brutal, feudal-minded persons deserve harsh punishment. Only in this way can we stamp out such acts of barbarism and feudal mentality. Moreover, these acts take the law into their own hands, and amount to kangaroo courts, which are wholly illegal.”

Some of the reasons which are frequently cited for the triggering the honour killing includes having unapproved relationships, pre-marital pregnancy, asking for divorce, leaving the family without permission etc. All these represent the medieval concept of honour. But with the socio-economic-cultural changes, the concept of honour also needs to be changed. In this context, statement of Joseph Ellis becomes quite relevant:

Numbers (NCRB)

• 68 (2016)

• 192 (2015)

• 28 (2014)

States

• Haryana

• Punjab

• Delhi

• UP

• Rajasthan

• Some cases in Tamil Nadu

Nomenculture

• Khap Panchayat

• Katta Panchayat

• Kangaroo Courts


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“We don’t live in a world in which there exists a single definition of honour anymore, and it’s a fool that hangs on to the traditional standards and hopes that the world will come around him.”

WILL THE SC’s RULING END THE REIGN OF KHAP PANCHAYAT? There are various reasons which creates apprehensions that SC judgement would not be able to make much changes at the ground level.

Very difficult to follow SC guidelines in practice

❖ SC’s guidelines with respect to preventive, remedial and punitive measures is very difficult to follow by the State Administration and Police.

❖ Direction like video-recording of Khap Panchayat meeting is can not be followed in real life situations.

Feudal Mind set - Khap in our mind

❖ Khap Panchayats are having so much clout just because people themselves have feudal and patriarchal mindset.

❖ Until and unless, Khap mentality is removed from our minds, honour crimes can not be stopped in totality.

Absence of any law with respect to “honour killing”

❖ Though law commission had suggested a law for prohibition of unlawful assembly to curb the menace of khap panchayat, but it has not been passed by Parliament yet.

❖ This proposed law should be made comprehensive to include all facets of honour crimes.

Khap Panchayat might get a new avatar

❖ Khap Panchayats are already arguing that they are involved in creating awareness about permissible marriages including inter-caste and inter-faith marriages.

❖ They argue that they only oppose the sapinda and sagotra marriages.

Lack of Political Will ❖ Due to the social clout of Khap leaders, Politicians often do not take appropriate steps to ban these Panchayats.

❖ In this scenario, SC guidelines will again expected to meet the same fate.

LAW COMMISSION’S 242nd REPORT : Prevention of Interference with the Freedom of Matrimonial Alliances (in the name of Honour and Tradition): A Suggested Legal Framework. In this report, law commission suggested a legal framework to curb the social evil of caste councils/ Panchayats which interfere and endanger the life and liberty of young adult persons who are marrying in same “gotra” or belongs to different castes or religions. Important provisions of the proposed law:

Prohibition of Unlawful Assembly (Interference with the Freedom of Matrimonial Alliances) Bill, 2011

Definitions ❖ “Unlawful assembly” refers to a group of persons who condemn a marriage. ❖ This is particularly for alleged reasons that the marriage had dishonoured

the caste or community tradition.

Preventive and Remedial Measures

❖ The Collector or the District Magistrate is entrusted with the responsibility for the safety of the persons targeted.

❖ This is in case any illegal decision is taken by the khap panchayat. ❖ He/she shall take necessary steps to prohibit the convening of such illegal

gatherings.


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Special Courts ❖ The cases will be tried in Special Courts presided over by a sessions judge or additional sessions judge.

❖ The special courts will be set up by states in consultation with the High Courts.

❖ It will have the power of a Sessions Court. ❖ It can take cognisance of any offence upon receiving a complaint of facts, or

upon a police report of such facts. ❖ It can also take suo motu cognisance of the cases.

Punishments ❖ All offences under the proposed Act will be cognisable, non-bailable and non-compoundable.

❖ The offences include: o participating in any unlawful assembly o making exhortations (persuasion, advice) that endanger the liberty of a

couple o criminal intimidation of the couple or their relatives or supporters

❖ The punishments for the offences range from 6 months to 7 years and the fine ranges from Rs. 10,000 to Rs. 30,000.

❖ The provisions under the proposed law do not negate the offences under IPC but only adds to them.

WAY FORWARD Menace of Khap Panchayat and Honour Crimes can not be removed just by the judicial diktat though they can surely have some deterrence effect. Lots of others steps needs to be taken to root out this evil once and for all.

❖ The first thing govt should do is to come out with the comprehensive law to deal with all the facets of honour crimes/killing.

❖ Since it is a social issue, which can not be solved until and unless “medieval” conception of “honour” is changed to present day realities as per the changed socio-cultural environment.

❖ All the stakeholders needs to be sensitised using the IEC means by govt. ❖ School education should inculcate the values of individual liberty and autonomy and destroying

the traditional concept of honour. ❖ Successful cases of inter-caste and inter-faith marriages should be highlighted by the media.

CONCLUSION: There is no doubt that SC has taken a significant step towards ending the reign of Khap Panchayats. Govt should amend the Law Commission suggested Bill to make it all encompassing with respect to honour crimes without any further delay. But the complete demolition of Khap Panchayats and Honour Crimes will depend on the society itself. SC’s following observation should be kept in mind by society at large: “One may feel “My honour is my life” but that does not mean sustaining one’s honour at the cost of another. Freedom, independence, constitutional identity, individual choice and thought of a woman, be a wife or sister or daughter or mother, cannot be allowed to be curtailed definitely not by application of physical force or threat or mental cruelty in the name of his self-assumed honour.”


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TOPIC 4: DILUTION OF SC/ST ATROCITIES ACT

THE CONTEXT: A two judge benchOF Supreme Court made changes to the Atrocities Act on March 20 in Dr. Subhash Kashinath Mahajan vs The State Of Maharashtra that include putting in the need for written permission from appointing authorities for action against public servants, allowing the arrest of private citizens only after the Senior Superintendent of Police’s nod, and no blanket ban on bail to an accused.

CHANGE IN THE PROVISION OF PREVENTION OF ATROCITY OF SC ST ACT

Prevention Of Atrocities Act

BEFORE SUPREME COURT ORDER

AFTER SUPREME COURT ORDER

Prosecution Arrest were automatic Banned registration of criminal cases and automatic arrests under the SC/ST Act

Procedural aspect

Provided for taking immediate action in respect of any complaint relating to harassment of a victim, informant or witness.

Any such complaint shall be tried separately from the main case and be concluded within two months

Bail Sec 438 or the provision on Bail and anticipatory bail cannot be applied

Bail and anticipatory bail can be granted

FIR only after Preliminary Inquiry

F.I.R. shall be registered immediately on complain

firstly preliminary inquiry must be held. Such inquiry must be time-bound and should not exceed seven days Cases under the Atrocities Act fall in exceptional category

Prior Sanction for Arrest.

Mechanical procedure for arrest (automatic arrest)

Appointing authority in case of Public servant

Senior Superintendent of Police in case of private citizen if, no other offence other than offences under the Atrocities Act is made out.

RATIONALE BEHIND THE JUDGEMENT SUPREME COURT VIEWS

Arguments As many offences may solely depend upon the version of the complainant, One sided version, before trial, cannot displace the presumption of innocence. Such version may at times be self-serving and for extraneous reason. Jeopardising liberty of a person on an untried unilateral version, is against the fundamental rights guaranteed under the Constitution. Before liberty of a person is taken away, there has to be fair, reasonable and just procedure.

On Arrest A great ignominy, humiliation and disgrace is attached to the arrest. Arrest leads to many serious consequences not only for the accused but for the entire family and at times for the entire community. Most people do not make any distinction between arrest at a pre-conviction stage or post-conviction stage. when the conviction rate is less than 10% , police should be slow in arresting .Arrest is in contradiction with Art 14 and 21.

https://www.thequint.com/news/india/explainer-on-sc-st-atrocities-act-supreme-court-dilution


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On Bail Bail application should try to maintain fine balance between the societal interest vis-à-vis personal liberty while adhering to the fundamental principle of criminal jurisprudence that the accused is presumed to be innocent till he is found guilty. Further many stringent Acts like TADA, Unlawful activities (prevention) Act 1967, MCOC Act, Narcotic Drug and psychotropic substance Act (NDPS), has provision for bail.

Compensation For The

Malicious Prosecution

❖ What compensation can any Court would be in a position to give when the complainant is a person who is poor enough unable to pay a single pie?

❖ In case complainant is rich and able to pay compensation then even can any monetary compensation ever adequately compensate the wrong accused suffered at the hands of the malicious complainant?

BASIS OF SUPREME COURT JUDGEMENT

As per data (Crime in India 2016 – Statistics) compiled by the National Crime Records Bureau, Ministry of Home Affairs, it is mentioned that in the year 2016,5347 cases were found to be false cases out of the investigated Schedule Caste cases and 912 were found to be false cases out of ST cases. It was pointed out that in the year 2015, out of 15638 cases decided by the courts, 11024 cases resulted in acquittal or discharge, 495 cases were withdrawn and 4119 cases resulted in conviction.

Number of False Cases under POA

2013:9,2532014: 9,7042015: 8,900


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However, conviction rates under the Atrocities Act were significantly lower than the national conviction rate for all crimes in general. TheNational Crime Records Bureau’s data for the 10year period from 2007 to 2016 shows an average conviction rate of 28.8 in crimes against Scheduled castes and 25.2 in crimes against Scheduled tribes. The average conviction rate for all crimes under the Indian Penal Code is much higher at 42.5.

REASON FOR SUCH DATA ❖ OVERALL FUNCTIONING OF THE SPECIAL COURTS

(SEC14 of PoA act mandates special court ) ▪ Very few states in India have exclusive special court for PoA Act. For

example Jharkhand has none of it. ▪ Special Courts, whether designated or exclusive, are trying non-SC/ST

atrocity casesin addition to atrocity cases ❖ Very few cases are being appealed despite the high number of cases resulting in

acquittals and discharges ❖ Mandatory Monitoring of SC/ST Atrocity Cases under Trial , as mandated by the Sec 4 of

the PoA Act , is not done by DM and Special Public Prosecutor(SPP). ❖ Various obstructive and facilitative factors, like ,incorrect trial date , undelivered

summons, lack of information by SPP is used to prolong the process resulting into high pendency of cases.


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WHAT PROBLEMS SCS/STS FACED WHILE TRYING TO ACCESS JUSTICE?

Lodging complain

•Pressure on victim not to lodge complain

•Victims threatened and intimidated not to speak about the incident

•Police officials refuse to write the complaint of the victims

•If police officials write the complaint, they do so in favor of the accused

•Police officials do not behave with the victims in proper decorum.

Registration of FIR

•Dalits are discouraged to register FIR

•Victims are forced to compromise the case for money

•Victims threatened into silence or even inflicted with violence

•Police refusing to register cases specifically under PoA Act

• Police not registered complaints under proper sections of the Act

• Police not including necessary details in FIR

•A dalit family was stripped themselves naked on road including a womanin Greater Noida when their FIR was not registered ( Oct 2015)

Arrest of the

accused

•Not arresting the main accused immediately

•Not arresting all the other accused

•Arresting Dalit victims in counter cases instead of the perpetrators of crime

Police officials

investigates the case

•Not investigating the case in time

•Investigation is not being done by competent official,rule 7 of PoA Act states that investigation has to be done by DSP ranking offical

•All the victims and witnesses are not investigated during ·the investigation

•Victims not provided with adequate security.

•investigation by lower offical , but PoA mandates DSP to invistigate the case.

•In Bathani Tola case, Patna High Court acquitted all the 23 persons accused of committing the carnage,citing many deficiencies in the investigation and prosecution

At the time of trial in court

•No special court

•no special public prosecutor as mandated by the Act

•Inordinate delays in judicial process

•protracted trials, witnesses become reluctant to testify against powerful elements.

•Pipra and Bathani tola case are marred by Inordinate delay

At the time of judgement

•Prosecutors and judges fail to vigorously and faithfully pursue complaints

•No appeal from Public Prosecutors in order to follow up of case of acquittals


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HOW THIS JUDGEMENT IS TRANSGRESSING THE ACCEPTED TERRAINS


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CONSTITUTIONAL SAFEGUARDS

❖ Article 17:abolishes untouchability ❖ Article 46 DPSP: shall protect Scheduled Castes and Scheduled Tribes from social injustice and all

forms of exploitation”. ❖ Article 15(4) :special provisions for advancement of socially economically backward classes or

citizens and for Scheduled Castes/Scheduled Tribes. ❖ Articles 330 and 332 :reservation of seats for SCs/ST in the Lok Sabha and VidhanSabhas. ❖ Article 338 : setting up of a National Commission for Scheduled Castes

LEGISLATIVE FRAMEWORK

In order to enforce Article 17 of the Constitution the Untouchability (Offences) Act, 1955 was enacted by Parliament. Subsequently, to enlarge its scope, the Act was revised in November 1976 and renamed as the Protection of Civil Rights Act, 1955. The Act extends to the whole of India and the offences under the Act were made cognizable as well as non-compoundable.Further, to check and deter crimes against the Scheduled Castes and Scheduled Tribes, the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 was brought into force.

Main objective of the above act are :

❖ to prevent the commission of offences of atrocities against members of the Scheduled Castes and the Scheduled Tribes.

❖ to provide for Special Courts for the trial of such offences. ❖ to provide relief and rehabilitation of the victims of such offences.

ANALYSIS

On the one side, we find that Prominent cases where the High court and Supreme court came to the rescue of victim

❖ Mathura rape case ( A tribal girl was raped inside the Police Station in Maharashtra) ❖ Police atrocity on tribal in Chhattisgarh and 2017 police gang rape case ❖ Murthal case (where investigation haven’t started yet ) ❖ Kathua rape and murder case ( 2018, lawyers or opposing the charge sheet ) ❖ Unnao rape case All theses cases points to a sad state of affair where the 1st step of door to justice is closed for a great number of people .In all these case FIR was filed only when court intervened.

Registration of FIR is mandetory under section 154 of Crpc,if a cognizable offence

is committed and no preliminary inquiry is

permissable in such situation .

But in most cases police generally files preliminiary inquiry and closes

the report without giving any clousre report .


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Reason for such anomaly can be attributed to the measurement of the crime index is, total number of FIR filed in any particular District, where it should be the total number of cases disposed.

It has also been seen that Local and political elites who mostly come from the dominant community obfuscate the process in convergence with the police officer.

Further lack of awareness about the legal provisions on the part of both Police and people creates more hindrance in filing the case.

❖ In many normal cases, it has been observed that FIR is not filed. ❖ There are innumerable examples wherein the courts have intervened for simply filing FIR. ❖ The most recent case is UNNAO, wherein the victim went on writing letters to all top

authorities of the country still the MLA was not arrested.

THE FALLOUT OF SC JUDGEMENT IN THIS CASE

The accountability of the sanctioning authority

How the SSP or other sanctioning authority’s accountability should be ascertained in this case is not clear? Do we presume that they will behave accountably?

The past experiences of getting sanctions for investigation and prosecution

It is well-established fact as in Vineet Narain case 1997 that there is inordinate delay in giving sanctions which was one such basis for the SC to strike Single Directive 1969 and in 2014, Subramaniam Swami Case, Section 6A of DSPEA 1946.

The Implementation Issues

Do we presume that we have a very professional police force which has operational autonomy to take decisions?

On the other side, we also find that

It has also been found that there is fear in public offices regarding the behaviour of SC/ST employees. The superiors and subordinates are also in fear when they have to have interface with such employee regarding office responsibilities that they can’t force them to work or take work responsibilities otherwise they can be slapped with POA.

Atrocities Act is also prone to misuse on account of monetary incentive being available merely for lodging a case under Rule 12(4) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Rules, 1995. Such incentive may encourage not only genuine victims but, there being no safeguard even against a false case being registered only to get the monetary incentive, such false cases may be filed without any remedy to the affected person

Therefore, one cannot deny the fact that the law has some negative fall outs and hence there should be some safeguards. It should not be implemented in the present form.


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EVOLUTION OF SCHEDULED IDENTITY

British classification of historically disadvantaged sections in India’s rigid caste hierarchy as depressed classes

The Simon Commission in 1935 first coined the term ‘Scheduled Castes’. All the untouchable castes, which were listed in 1931-Census of India, came to be known as the ‘Scheduled Castes’

(SCs) through the Government of India Act of 1935.

The Government published a list of Scheduled Castes under the Government of India (Scheduled Castes) Order, 1936.

Based on poona pact , it was agreed that in place of seprate separate electorates, there will be reserved constituencies for theSchedulled classes.

Post Independence GOI carried the same idea. According to the Constitution of India, under article 341(1), the President of India, after consultation with the Governor, may specify,

Scheduled Castes AND Scheduled Tribes .Accordingly the President has notified the Scheduled Castes in the order called ‘Constitution (Scheduled Castes) Order-1950’ and the ‘Scheduled

Castes and Scheduled Tribes List (Modification) Order-1956’.

Jaipal Singh Munda, who was representing the tribal community in the constituent assembly, called for reservation for tribals too as the first report on minority rights made public in August

1947 provided for reservations for untouchables only


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DEVELOPMENT AFTER SUPREME COURT JUDGEMENT

Violent protests erupted across India during a nationwide Bandh called by Dalit outfits against the alleged dilution of the SC/ST (Prevention of Atrocities) Act. Subsequently GOI filed a review petition to which Supreme Court agreed to hear the review petition in detail in 10 days and asked the Centre, the Maharashtra government and other interveners to file written submissions stating why the judgment required reconsideration.

EXTRA CONSTITUTIONAL PROTEST

A violent protest was ensued after the judgement. Such extra constitutional protest weakens the social fabric and fraternity of public. When constitutional methods were available with the Govt, then, there was no need for such protest. It is characterizes what Dr Ambedkar called "grammar of anarchy ."

STAND OF THE GOVERNMENT

Govt has argued that judgement had diluted the provisions of the governing act, resulting in great damage to the country. It further argued that court was not filling in gaps but was amending the Act through judicial legislation and “defeating the salutary provisions” of the SC/ST Act.

WAY FORWARD

Constitutional courts are primarily adjudicative structures assigned the task of clarifying the constitution’s meaning. They present themselves to citizens as bodies that render judgments in which a legal (and often political) dispute rests in part on how the constitution should be understood and applied.They have such a role in addressing fundamental questions, constitutional courts and their justices can sometimes take on an aura that extends beyond the strictly adjudicative. They often serve as ultimate symbols of the permanence and legitimacy of the state, above the vicissitudes of partisan politics. But in this particular case if there was an excess , it can be settled within the constitutional means.Burden of due process that the SC has now imposed for the SC/ST atrocities law, to establish prima facie evidence or seek prior sanction before arrest, does not apply to identical circumstances of criminal law for the general population.

As far as apprehension of Supreme Court regarding the misuse of Prevention of Atrocities is to be considered it is the domain of central Govt to make laws. As 2014 -15 Standing Committee suggested misuse of PoA act can be stopped using some pecuniary and punitive measure.

In case of Public Servants , it is the need of the hour to protect them from malafide intention for ensuring

better accountability. There has to be some protective sanction. The question of sanction is of paramount importance for protecting a public servant who has acted in good faith while performing his duties. The purpose of obtaining sanction is to see that the public servant that the public servant be not unnecessarily harassed on a complaint, failing which it would not be possible for a public servant to discharge his duties without fear and favour.

2nd ARC recommendation

❖ Special Courts should be empowered to take cognizance of offences under the Act, directly. ❖ Administration should detect cases of violation of law, suo-motu rather than wait for an FIR to

be filed. ❖ District monitoring mechanism must be strengthened.


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TOPIC 5: MINORITY STATUS TO LINGAYAT THE CONTEXT: The Karnataka government has decided to accept the recommendations of the Karnataka State Minorities Commission which, based on the report by the expert committee headed by Justice Nagmohan Das that has recommended considering grant of recognition as religious minority to the Lingayat and Veershaiva Lingayats under Section 2(d) of the Karnataka State Minorities Act.

LINGAYATS VEERASHAIVAS Lingayats are followers of social reformer Basavanna and his vachana (verses) philosophy.

Veerashaivas are a sub-sect of Lingayats and ardent followers of Lord Shiva.

The Shiva that Basavanna referred to in his vachanas (verses) is not the Hindu god Shiva but the ishtalinga (formless God), which people of the community wear around their neck

Veerashaivism has its roots in the Vedas and Agamas, and Veerashaivas do not worship any god other than Shiva

There are 92 sub-castes among Lingayats and Veerashaivas are one among them

Veerashaivas worship Lord Shiva, the one mentioned in Hindu mythology.

Notable political leaders of this community - BJP state president B S Yeddyuprappaand BJP leader JagadishShettar

All Veerashaiva sects follow the ‘PanchaPeeta’ or five mutts -- Kashi mutt, Rameswaram mutt, Ujjaini mutt, Rambhapura mutt and Srishaila mutt, the core holy places for the community.

ABOUT BASAVANNA:

• Basavanna was a 12th-century social reformer.

• It was Basavanna and his contemporary Sharanas who launched a very strongspiritual, social and religious rebellion against Brahminical hegemony.

• Basavanna had declared that “work is worship”.

• He gave women equal status in his movement through the vachanas (verses).

• In order to take the social movement closer to the people, Basavanna and all theother Sharanas voiced their concerns in simple Kannada vachanas so that even laypeople could comprehend them.

REASON FOR THE DEMAND OF SEPARATE IDENTITY: • The Lingayats, a numerically and politically strong community of Karnataka, want to be categorised

as a religious group separate from Hindus.

• They argue that the premise of this rebellion was rooted in opposition to the established Hindu order.

• Though Lingayats worship Shiva, they say the concept of ‘IshtaLinga’ (personal god) and rules of conduct prescribed by Basaveshwara cannot be equated to the Hindu way of life.

• On the other hand, those opposed to the re-categorisation, including sections in the community, say the rebellion was reformist, like the Bhakti movement, and not aimed at breaking away from the Hindu fold.

• Another reason said is the oppression and discrimination by the Veerashaivas

• It is felt that the Veerashaivas are attempting to destroy the revolutionary faith founded by

Basavanna by portraying Lingayatism and Veerashaivism as the same. • Moreover, they feel the Veerashaivas are not giving their guru his due, as he had rejected caste

hierarchy and Vedic rituals

POLITICAL RAMIFICATION: • The timing of the demand is interesting as the Assembly elections are nearing in the State of

Karnataka, where Lingayat votes matter in 100 constituencies.


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• Lingayats, comprising 10-17% of the population and listed in the Other Backward Classes category, are a strong vote base of the BJP, and its State president B.S. Yeddyurappa is a prominent leader of the community.

• In fact, the BJP victory in 2008, marking the first saffron government in South India, is attributed to his ability to capture these votes.

CONSTITUTION SPEAKS: HOW WOULD THE COMMUNITY BENEFIT? Under the Constitution, religious minorities enjoy special rights.Currently there is no effective change in the reservation for education and jobs unless the central government notifies the decision under Section 2 (c) of the Central Minority Commission Act.If notified as a religious minority, Lingayats will get additional benefits in education and employment on par with minorities.

• They will be able to avail benefits under the following sections of the Constitution: ➢ Section 25 - which include freedom of conscience and free profession, practice and propagation

of religion ➢ Section 28 - which includes freedom in terms of attendance at religious instruction or religious

worship in certain educational institutions? ➢ Section 29 - which includes protection of interests of minorities, and ➢ Section 30 - which includes the right of minorities to establish and administer educational

institutions, will also be applicable.

A NOTE FROM THE PAST: JAIN COMMUNITY • In 2014 the Congress government at the centre had approved the notification of Jains as a minority

community at the national level.

• By doing so the Jains became the sixth community to be granted such status after Muslims, Christians, Sikhs, Buddhists and Parsis.

• Jains are about 0.4% of India's population and in the 2011 census at present.

• In 2014 when they were granted minority status.

• The community already enjoyed minority status in some states like Uttar Pradesh, Madhya Pradesh, Chhattisgarh and Rajasthan but the Cabinet decision extended that status across the country.


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The case of Minority in Jammu Kashmir Minorities are defined on the basis of numerical inferiority only and it is the state in relation to which the status is determined. Recently, dismissing a plea for minority status to Hindus in 8 states, the SC directed them to the NCM.

• Recently there was a plea in the SC asking for a minorities commission to be set up in Jammu and Kashmir.

• The contention was that Hindus, Sikhs, Buddhists and Christians were unable to access benefits meant for minorities in the state where 68.3% of the population is Muslim is in majority.

• The SC noted: that the court does not have the power to do so because Jammu and Kashmir does not fall within the purview of the National Commission for Minorities Act, 1992, a state minorities commission must be set up through legislation by the Assembly or an administrative order by the government.

As per the 2011 Census Hindus are minorities in seven states:

STATE HINDUS (in %) THE MAJORITY COMMUNITY

• Lakshadweep 2.5% Muslim-96.20%

• Mizoram 2.75% Christians-87.16%

• Nagaland 8.75% Christians-88%

• Meghalaya 11.53% Christians-74.5%

• J&K 28.44% Jammu &Kashmir -68.30%

• Arunachal Pradesh 29% Christians-30.26

• Punjab 38.40% Sikh-57.69%

THE NATIONAL COMMISSION FOR MINORITIES (NCM) Unlike the National Commission for SCs and for STs, National Commission for Minorities is astatutory bodyset up under National Commission for Minorities Act, 1992.It works under the Ministry of Minority Affairs.The NCM's mandate is to evaluate progress of development of minority communities

CONSTITUTIONAL BODY

STATUTORY BODY EXECUTIVE BODIES EXTRA CONSTITUTIONAL

BODY

They are those bodies which find considerable mention in the constitution, in ways like having a part of the constitution or an article explaining their position.

• They are those bodies which are created by statute i.e. act of parliamentwhich explicitly mentions the objectives for creation, their composition, Powers.

• Such bodies are subject to change by a respective change in the law governing them.

• They are those bodies which are created by an executive order - i.e. order of a ministry of union or state.

• Such bodies have no constitutional or law backing them.

• One of the recent example was Planning commission (now replaced by NITI aayog)

• They are those bodies which do not find mention in the constitution.

• They are created by various methods which further explain their nomenclature

EXAMPLE– Part XV of Indian constitution houses Elections,

EXAMPLE - The information commission derives its power from the right to information act - which

EXAMPLE - Other such bodies are UIDAI (Aadhar card), which when faced

EXAMPLE - Delhi Jal Board, National Commission for


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under which Article 324 has Election Commission - where its composition, Powers, independence is talked about.

provides for a body having power of civil court to redress issues relating to RTI.

controversy is undergoing shift to statutory body

Women, Planning Commission, etc.

CONCLUSION: The division of India into majority and minority has only increased conflict. It is time the judiciary and government work together to do away with colonial and undefined concepts of minority and secularism. Instead, they should provide equal rights for all with special facilities for the poor.

TOPIC 6: SHOULD SPORTS GAMBLING BE LEGALISED IN INDIA?

THE CONTEXT: During every Indian Premium League season the demand of legalised gambling keep coming in discussion. The present article discusses this issue in detail, whether gambling should be legalized or not.

STATUS OF GAMBLING IN INDIA • Gambling and betting is a State subject, the primary law on which States have framed their

gambling legislation is an archaic, British-era law called the Public Gambling Act, 1867.

• Under this Act, betting is allowed only in 'Game of skill'.

• Rummy, online rummy, horse racing, chess have been approved by the Supreme Court as the "game of skill".

• As per the Supreme Court 1996 order game of skill is "The competitions where success depends on substantial degree of skill are not “gambling” and despite there being an element of chance if a game is preponderantly a game of skill it would nevertheless be a game of “mere skill”.

• The Central Lotteries (Regulation) Act of 1998 gave state governments the authority to hold lotteries, but this was restricted to a maximum of one draw per week. Today in most Indian states there are lottery terminals which are easily available and some lotteries are drawn every 15 minutes.

• Betting in sports is illegal in India. The Constitution of India explicitly gives states the right to legislate and make policies related to “gambling and betting”. It is quite clear in the Seventh Schedule Entry 34 List II that states could legalize gambling should they choose to do so.

• Goa and Sikkim are the only exceptions which have allowed gambling and betting in their state, subject to regulation of their respective state Governments.

o The state of Goa has allowed gambling by enacting the Goa, Daman and Diu Public Gambling Act, 1976.

• Sikkim has the most liberal gambling laws in the country. o Allows casinos in five-star hotels (two are operational), online and paper lotteries

and now even online gaming and betting. (By Sikkim regulating act). o Only state in India which has enacted a law for online gambling and sports betting.

The Sikkim ‘Online Gaming (Regulation) Act, 2008’


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WHY THERE IS A DEMAND FOR LEGALISED GAMBLING? • Higher gambling status Sports (especially cricket) are out of the 'game of skill' list. So, demand is

higher for legalized gambling.

• In 2017, the AIGF (All India Gambling Federation) recommended the central legislation for online skill gaming. Cricket betting or sports betting should be included as a game of skill.

THE ECONOMY OF GAMBLING

• According to 2012 FICCI and KPMG report, betting in India is a INR 3,00,000 crore market and the exchequer can earn revenue of INR12,000 crore to INR19,000 crore every year.

BLACK MONEY AND REVENUE LOSS TO THE GOVERNMENT

• The government is losing a huge amount of tax revenue through money lost into the illegal gambling black-market. Legalizing sports betting in the country can be seen as an effective measure to reduce the element of black money and help the government raise the tax revenue receipts.

ILLEGAL CHANNEL OF BETTING

• As there are no legitimate means on placing bets, hence, people resort to illegal channels such as bookies/bookmaker that facilitate gambling by setting odds, accepting and placing bets and paying out winnings on behalf of other people. This may curtail the cases of match fixing, money laundering and crimes.

THE THREAT OF MATCH FIXING

• Illegal betting leads to malpractices such as match-fixing or spot-fixing. During the IPL 2013 season, in a sport fixing scam, several cricketers were arrested for accepting money from bookies to throw away matches.

INTERNATIONAL EXPERIENCE

• In addition to revenue generation, a legal and regulated gambling sector will also help in creating large-scale employment opportunities.

• Globally, wherever gambling is regulated, it has created a massive avenue for employment generation.

• For instance, the regulated gambling industry in the U.S. employs over 2.5 lakh people, while over 1 lakh individuals are employed in this sector in the U.K.

LAW COMMISSION OPINION

• The commission suggested gambling should be categorized as “proper gambling” and “small gambling”. The former would involve high stakes and be feasible only for the rich. Poorer groups would be permitted “small gambling”.

RECOMMENDATIONS OF LODHA

COMMITTEE

In January 2016, the Lodha committee has recommended for legalising betting in India but with various safeguards.

• The committee believes that legalising betting will help in eradicating unethical elements in the sports.

• The committee, however, made a distinction between betting and fixing. While the committee supported legalising betting, it favoured criminalising fixing in cricket.

• The committee has recommended that players and officials should not be involved in betting but their prohibition in betting should be supported with a strong law in place.

• This is where the law faces stiff resistance as some states might question the applicability of national law on a state subject.

• While the recommendations aim to separate cricket from politics, the legalising betting could entangle in political leveraging at the state level.


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POSSIBLE IMPLICATIONS OF LEGALIZED GAMBLING

POSITIVE NEGATIVE • Revenue can boost up to 54000 crore. For example,

Kerala State Lotteries, for the year 2012-13, has recorded profits of 681 crore. If the lottery held in a single state can generate such revenues, a nation-wide chain of betting houses can easily generate thousands of crore, and can prove well worth the government’s time and effort.

• Accountability for large amounts of money transferred through illegal channels.

• Ban cannot be implemented but sports betting can be controlled with proper regulation

• Reduce the corruption in the game. The United Kingdom and South Africa, both full members of the ICC, amended their legislation to regulate gambling following significant match-fixing scandals in cricket. Since they amended their legislation, neither country has been involved in any significant match-fixing scandals

• Legalising the activity will not only help curtail an important source of black money that is used by criminal syndicates. A legal and regulated gambling sector will also help in creating large-scale employment opportunities. the regulated gambling industry in the U.S. employs over 2.5 lakh people, while over 1 lakh individuals are employed in this sector in the U.K.

• Can affect young children a lot. Young children may follow the wrong path.Gambling becomes addictive very easily.

• Attract people who didn’t gamble at all. Middle class in not involving in gambling right now and if it is legalized those will be impacted badly.

• Gambling undoubtedly may generate a lot of revenue; legalizing gambling will make people loosse their savings in the thirst of earning money the easy way.

• Gambling may lead to political corruption as well and companies will start host betting apps, tempting poor people to try their luck.

• Legalization of sports betting can never eliminate match fixing/spot fixing because human greed can never be controlled. Betting will kill the spirit of sports and sportsmanship.

WHAT ARE THE CHALLENGES IN THIS REGARD? • If Parliament wishes to legislate on the subject, it will be difficult to do so, as the subject of

gambling figures in the State List. o As a result, the Constitution will have to amended first so that gambling can figure in the

Concurrent List. o Necessary infrastructure — police machinery, prosecutors, etc. — will have to be put in place.

• The problem of online gaming cannot be curbed by merely amending the Information Technology Act where it finds a mention.

o There has been a steep rise in online gambling of late and governments are trying to find ways of curbing the menace. Relevant provisos will have to be made in the new Act if gambling is to be regulated.

WAY FORWARD: • India can allow responsible gambling, where the government should provide “proper controls and

protections” for those who may be affected by gambling.

• Minors, habitual gamblers and vulnerable sections should be excluded from having access to gaming facilities

• Limits must be imposed on the amounts that can be wagered, based on a person’s financial capabilities.

• After legalizing gambling, India should join the International Association of Gambling Regulators (“IAGR”), in which numerous ICC members participate.


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• India would have the opportunity to discuss gambling regulations and policy issues with other ICC members, cooperate with them on rules and regulations about sports betting, and gain a central point of contact with other countries.

CONCLUSION: Gambling is legal all over the world and regulated. In India Regulation fails everywhere. Gambling is not an activity which needs to be looked down upon by the people. So if we think of legalizing/regulating betting then we should first work on proper and powerful regulation

NEED TO KNOW WHAT IS GAMBLING?

According to Bombay Prevention of Gambling Act, 1887 • Gambling as defined in the Act includes gaming and betting. • Generally, gambling is referred to as card games where high stakes are involved and betting

is referred to as casino games and putting a bet on an event such as a match. • From the various provisions of the Central and State Act, one can infer that while gambling is

prohibited in public or public gaming houses, there is no prohibition on such activities in a private house.

• In the case of State of Andhra Pradesh v. K. Satyanarayana & Ors. 11 (“Satyanarayana Judgment”), the SC specifically tested the game of rummy on the principle of skill versus chance and held that Rummy was not a game entirely based on chance like the ‘three-card’ game (i.e. ‘flush’, ‘brag’ etc.) which were games of pure chance. It was held that Rummy was a game involving a preponderance of skill rather than chance.

• In Dr. K.R. Lakshmanan v. State of Tamil Nadu, it was held that horse racing was a game of skill, and playing it for money will not be illegal.

• But if an objection is expressed by a state, online gambling will have to be stopped. For example, the Supreme Court recently upheld a ban by the Kerala Government on online lotteries conducted from Sikkim.

TOPIC 7: NITI AAYOG HEALTH INDEX REPORT: “HEALTHY

STATES, PROGRESSIVE INDIA” THE CONTEXT: Recently, NITI Aayog released comprehensive Health Index report entitled, “Healthy States, Progressive India” . The report ranks states and Union territories innovatively on their year-on-year incremental change in health outcomes, as well as, their overall performance with respect to each other.

ABOUT THE INDEX ❖ The Health Index consists of a limited set of relevant indicators categorized in the domains of

Health Outcomes, Governance and Information, Key Inputs/Processes.

HEALTH OUTCOMES GOVERNANCE & INFORMATION KEY INPUTS/PROCESS

❖ Neonatal Mortality Rate(NMR)

❖ U5MR ❖ TFR ❖ LBW among infants ❖ SRB ❖ Full immunization

coverage (%)

❖ Average occupancy of an officer (in months), combined for following three posts at State level for last three years 1. Principal Secretary 2. Mission Director (NHM) 3. Director- Health Services

❖ Average occupancy of a full-time officer (in months) in last three

❖ Proportion of vacant health care provider positions (Regular + Contractual) in public health facilities

❖ Proportion of functional 24x7 PHCs

❖ Proportion of Districts with Functional Cardiac Care Units (CCU)


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❖ Proportion of institutional deliveries

❖ Total Case Notification Rate of TB

❖ ETC.

years for all Districts- District Chief Medical Officers (CMOs)

❖ Data Integrity Measure: a. Institutional deliveries b. ANC(Antenatal Care) registered within first trimester

❖ Level of Registration of Births(%) ❖ Average number of days for

transfer of Central NHM fund from State Treasury to implementation agency (Department/Society) based on all tranches of the last financial year

❖ ETC.

❖ The Health Index is a weighted composite Index, which for the larger States, is based on indicators in three domains: (a) Health Outcomes (70%); (b) Governance and Information (12%); and (c) Key Inputs and Processes (18%), with each domain assigned a weight based on its importance.

❖ States and UTs have been ranked in three categories namely, Larger States, Smaller States, and Union Territories (UTs), to ensure comparison among similar entities.

❖ Some of the data sources are: o Sample Registration System (SRS) o Civil Registration System (CRS) o Health Management Information Systems (HMIS).

IMPORTATNT FINDINGS OF THE REPORT

Overall Top 5 and Bottom 5 states among the larger states are following:


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PERFORMANCE OF LARGER STATES

PERFORMANCE OF SMALLER STATES

PERFORMANCE OF UTs


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BENEFITS FROM THE INDEX Evidence Based Policies/Programmes

❖ Since central govt formulates health related policies and programmes/schemes, this gathered data can help in formulating evidence-based policies/programmes.

❖ Also tailor-made policies/programmes can be formulated as per the requirements of state or even it can be extended upto district level.

Cooperative Federalism

❖ NITI Aayog health index is also a manifestation of cooperative federalism since this index will help in formulating customized programmes/schemes for states.

❖ Also it will disseminate the best practices of one state to all other state with the support of centre.

Competitive Federalism

❖ As the index ranks the states and UTs on various health parameters, it will imbibe the competitive spirit among the states and UTs.

❖ Civil Society and Media would also put pressure on the respective state govts to improve their performance.

Objective assessment to measure the health performance of whole Nation

❖ The Health Index is an important aid in understanding the heterogeneity and complexity of the nation’s performance in health.

❖ It is the first attempt at establishing an annual systematic tool for measurement of performance across States and UTs on a variety of health parameters within a composite measure.

Tool for states to identify the problem areas

❖ Health Index can be used a tool by the states to identify the areas where they need to intervene.

❖ High ranking states like Kerala and Tamil Nadu also have pockets of area where health indicators are quite worse. These state can make effective intervention in these areas.

Nudging States to achieve SDG-3

❖ SDG-3 focuses on “good health and well-being” with targets like reducing MMR to less than 70 and U5MR to 25 etc.

❖ These targets can not be achieved until and unless state govts implements the health programmes/schemes effectively.

❖ With the publication of Health Index on annual basis and its availability on public domain, it is expected to keep all stakeholders alert to the achievement of the SDG-3.

WAY FORWARD Though, it’s a right step in the right direction by the NITI Aayog but there are multiple things needs to be done to improve it further: ❖ There is an urgent need to improve data systems in the health sector. The quality of HMIS and

program-specific MIS data needs to be improved in terms of consistency between Center and State data, coverage of private sector data, data scrutiny, thrust area indicators and data definitions.

❖ Since the incremental score of the high ranking states like Kerala and TN is low; so they fear that they might get less funding under NHM since focus of NITI Health Index is on incremental score. Central govt should allay these fears.

❖ Both the Centre and the States have the responsibility to scale up their investment on health as a percentage of their budgets, to be more ambitious in interventions.

CONCLUSION: In its first year, it may not have achieved perfection; however, it does set the foundation for a systematic output and outcome based health performance measurement .If this index leads to state govt to multiply their efforts to improve their health indicators then India would be able to achieve the targets mentioned under SDG-3.


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TOPIC 8: INDO-NEPAL RELATIONS: IN THE BACKDROP OF VISIT

OF PM OLI THE CONTEXT: Nepal Prime Minister KP Sharma Oli had recently paid a three-day visit to India. This visit was in line with the tradition of a Nepalese Premier visiting India on his first overseas trip. Here, in this article, we study the impact of this visit on Indo-Nepal relations.

ALL ABOUT THE VISIT THE VISIT ❖ Three days visit from 6th to 8th April 2018.

❖ This is the first foreign visit By PM Oli, post-election.

THE PURPOSE OF THE VISIT

❖ The main purpose of the visit was to rebuild trust between the two countries, seriously vitiated for more than two years, since September 2015.

❖ India had then felt cheated on the promised inclusiveness (accommodation of Madheshis) and secular character (India informally wished the word ‘secular’ to be dropped) of the new Nepali Constitution.

IMPORTANCE OF THE VISIT

❖ The visit provided an opportunity to narrow down differences that had cropped up between the India and Nepal over the past few years.

❖ Oli’s visit took place at a time when there was a growing realisation of the need, from both sides, to redefine the bilateral ties.

❖ India-Nepal signed a number of treaties over time but lack of monitoring and seriousness dent severe delay in projects. This visit gives special emphasis on those projects and treaties rather signing new ones.

❖ This is evident from the statements of visiting PM as friendship is more important than any treaty or agreement, everything starts from friendship and in case of India, this is more important.

MAJOR TAKEAWAY FROM THE VISIT:

JOINT STATEMENT

❖ Expression of readiness to revise and update the 1950 Treaty of Peace and Friendship between India and Nepal.

❖ Three separate joint statement

• India-Nepal: New partnership in agriculture

• Expanding Rail Linkage: Connecting Raxaul in India to Kathmandu in Nepal

• New connectivity between India and Nepal through Inland waterways.

❖ Ground breaking ceremony of the Motihari-Amlekhgunj cross-border petroleum products pipeline at Motihari, India.

❖ The two Prime Ministers underscored the importance of regular high-level political exchanges in cementing bilateral ties.

❖ The Indian side assures that India remains committed to strengthening its partnership with Nepal as per the priorities of the Government of Nepal.

❖ Government of India’s vision of ‘Sabka Saath Sabka Vikas’is a guiding framework for India’s engagement with its neighbours for a shared vision of inclusive development and prosperity.Prime Minister Oli stated that after the landmark political transformation, his Government has given priority to economic transformation with the motto ‘Samriddha Nepal Sukhi Nepali’.


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❖ The two Prime Ministers inaugurated the Integrated Check Post at Birgunj in Nepal.

❖ Both side underlined the need for expeditious implementation of bilateral projects in Nepal, and to reinvigorate the existing bilateral mechanisms to promote cooperative agenda across diverse spheres.

❖ Early execution of India-funded projects in Nepal ❖ Implementation of the Mahakali Treaty. ❖ Both sides agree to accelerate work on projects like Arun-3,Pancheshwar

and Saptakosi-Sunkosi.

THE ISSUES BETWEEN TWO COUNTRIES OPEN BORDER

ISSUE ❖ An important issue is open border between two countries which is used for

illegal trafficking to India.

FLOOD ❖ The Nepal plains are suffering from massive floods that have also affected downstream areas across the border.

KOSI BARRAGE ❖ The Kosi Barrage and attendant embankments have the possibility of wreaking havoc because siltation of six decades has raised the riverbed within the levees far above the outlying tracts.

❖ The Indian Political parties demand a high dam in the hills of Nepal even as alternatives are not studied, which affected the waters of the Kosi in Bihar.

IMPORT OF ELECTRICITY FROM NEPAL

❖ Nepal has long planned to sell electricity to India but completion of the Dhalkebar-Muzaffarpur transmission line was supposed to facilitate that.

❖ Nepal awarded the Buddhi Gandaki river and West Seti River Project to China that causes uproar in India.

❖ Indian Government directive that it will not allow import of electricity other than from power companies with more than 51% Indian equity.

ARBITRARY BLOCKAGES AT

BORDER POINTS

❖ The arbitrary blockages and go-slow at Indian Customs at border points, the selective use of quarantine for the export of Nepali agricultural produce, the increasing high-handedness of the Sashastra Seema Bal (India’s frontier force in this sector) in dealing with Nepal's crossing over —are some of the challenges on the bilateral plane.

INDO- NEPAL RELATION IN RECENT TIME - THE LOSS OF CONFIDENCE BETWEEN TWO COUNTRIES

MAOIST ❖ India played a valued role in ending the Maoist insurgency in 2006, but the period thereafter was marked by escalating micro-meddling in Nepal’s internal affairs.

NEW CONSTITUTION

❖ In Constitution-writing, there were attempts to define the new provincial boundaries according to Indian dictates.

❖ India criticised it for not addressing concerns of Madheshis and other marginalised section.

HUMAN RIGHT ISSUE

❖ India criticised Nepal’s human rights record at the UN Human Rights Council in Geneva, especially in dealing with the Madheshis agitation.

BLOCKADE BY MADHESHIS

❖ It has halted oil and other essential supplies, which created humanitarian crisis in Nepal. Nepal government blames India for this blockade.


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RESULT OF THESE ISSUES: CHINESE PRESENCE IN NEPAL The Great Blockade forced the Kathmandu political leadership to reach out to Beijing and signing a number of agreement with China including:

❖ They cover the fields of transit and trade, connectivity and infrastructure, energy exploration and storage, banking, scholarships and training.

❖ China has agreed to provide the Tianjin seaport for transit of Nepali goods imported from third countries. But, this agreement has its own challenges which are discussed below: 1. This, in principle, breaks Nepal’s complete dependence on India for all its imports. Tianjin is

located at a distance of 3,000 km from Nepal, as against 1,000 km from the Haldia port in India being currently used by Nepal.

2. Nepal’s infrastructure in its northern region to connect with the proposed Tianjin transit facility is still not in placeand will take effort and investment to be operational.

3. In the event of a complete blockade of transit routes from India for Nepal, carrying perishable and essential goods like foodstuffs and petroleum products will cost Nepal heavily in time and money from Tianjin seaport.

❖ Proposal on connectivity of Nepal with the Tibet rail networkby connecting Lhasa to Xigatse.

• Under the present MoU on rail connectivity, Chinese commitments are for feasibility studies and technical support only.

❖ Nepal is today more connected by air to Chinese cities than to India. ❖ Since 2015, more than 16 billion (Indian is 800 million) Chinese investment in Nepal's

infrastructure plans, hydroelectric project and a rail link to Tibet. ❖ Nepal is also part of China’s Belt and Road Initiative.

HIMALAYAN LESSONS FOR NEW DELHI IMPROVE BILATERAL TRADE WITH NEIGHBOURS

• India will have to focus on connectivity as a leverage to increase its strategic influence in the neighbourhood.

• The trilateral India-Nepal-China corridor offers an interesting opportunity for collaboration to test Beijing’s flexibility and, at the same time, get Kathmandu on board.

BALANCE DEALING WITH SMALL NEIGHBOURS

• India will have to abandon the archaic principle of right of first refusal and invest in expanding its capacity of first delivery.

• Delhi will have to get used to Kathmandu’s new “first-come, first-served” principle. Indian delays and low-quality resources will no longer be tolerated.

• By reviving the Gujral doctrine and India’s willingness to provide non-reciprocal, unilateral, and preferential benefits to its smaller neighbours.

TO CURB CHINA IMPACT

• Beijing’s current promises of support for Nepal will thus also come with a price. • New Delhi will have to communicate such expectations more clearly. • History shows that India will often assume that the Nepalese government is

deliberately acting against its advice when, in fact, New Delhi never communicated such concerns in the first place or did not articulate them forcefully enough.

CONSTITUTIONAL ISSUE

• In 2015, New Delhi may as well have failed on clear communication and used inadequate forms of pressure that were resented in Nepal.

• A permanent bilateral mechanism is required to save the plains population of Nepal from suffering which can possible with presence.

• It has always been our wish to seek peace and prosperity in Nepal because stability in Nepal is in the best interests of India [and] democracy in Nepal is the best guarantee of such stability.


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CONCLUSION: India has to accept the fact that no matter what it does to support the neighbours in fulfillment of aspirations and hopes for development, it should not expect gratitude in return. India should just do its bit to managing relations with each country so that there is no sense of Indian interference and they have their sovereign space. India has to reimagine a complete different relation from people to people and government to government with Nepal as the new Nepal is no longer a monarchy.

India-Nepal vis-a-vis China-Nepal relations over the years

TOPIC 9: WATER CRISIS: THE ALARM BELL HAS RUNG THE CONTEXT: South Africa’s Cape Town is poised to become the first big city to run out of water soon. India too is staring at a water crisis. Just three decades from now, India could be importing the water as availability per person will dwindle down to 22 percent of the present scenario. The detail discussion of the issue is as follow.

Crisis in Cape Town: What’s happening, and why? WHY THE FEARS?

• Cape Town, and the region it is located in, is suffering its worst-ever drought, which has now gone on for three years. The region is also experiencing a long-term decline in average rainfall.

WHAT IS THE SITUATION?

• Reservoirs in Cape Town and surrounding areas are now less than a quarter full.

• The largest dam supplying water to the city is filled to only 11.3% of its capacity.

• The city is fast approaching what the local authorities are calling ‘Day Zero’, when water supply to nearly 75% of the population would have to be cut.

• After that, water would be rationed at some designated distribution points only.

IS IT CLIMATE CHANGE?

• It is difficult to ascertain the impact of climate change over a small geographical region.

• The area is prone to fluctuations in rainfall, and climate change does accentuate the variability.

• Preliminary analysis suggests that three-year cumulative rainfall deficits have become five times more likely due to global warming.


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WATER - RED FLAGS The total amount of water on the earth is about 326 million cubic miles.

The global situation of the water 97.5 % Salt water (1365000000 KM3) 2.5% Fresh Water (35000000 KM3) 0.3% Lakes and river storage

30.8% groundwater including soil moisture, swamp water and permafrost

68.9 % glaciers and permanent snow cover • Humanity must rely on 0.5% of total water.

Water Withdrawals per Sector (Cubic Kilometers per Year)


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The consumption of water are creating the stress on water resources Result: the future scenario of water is very dire

Water Availability Per Capita & Region

The following trends will affect fresh water use in the future

• Population growth: The population is expected to reach over 8 billion in 2030 and to level off at 9 billion by 2050.

• Increasing prosperity: Broader distribution of income and an increased spending power will increase the demands of goods and services.

• Climate change: Rising temperatures and decrease in rainfall will affect the availability of water resources.

• As per the report charting out water future: Agriculture accounts for approximately 3, 100 billion m3 or 71% of global water withdrawals today and without efficiency gains will increase to 4, 500


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billion m3 by 2030. Industrial withdrawals account for 16% of today’s global demand, growing up to a projected 22% in 2030 and demand for domestic use will decrease as a percentage of total from 14 percent today to 12 percent in 2030, although it will grow in specific basins especially in the emerging markets.

THE INDIAN PICTURE AN ANALYSIS

1. AVAILABILITY: Just 4% of the world’s fresh water — but 16% of the global population. 2. Total Water Available every year is around 4,000 cubic Kilometers (cK)

There are only 2 sources of water for India - The Annual Rainfall and the Glacial Melt. 3. Demand of water per year is 710 cubic kilometers (as per 2010 record).

Then, what are the problems? 1. Total annual utilizing of water is problem, which is 1123 km3 and more than the demand.

2. Utilizing the water resources: out of 4000 BCM surface water only 690 BCM is utilizing and other 433 BCM is using from ground water resources.

Why this is happening? 3. 90% of waste water discharged in rivers does not meet environmental norms.

4. 65% rainwater runoff goes into the sea, which is a major wastage.

5. Agriculture sector is the biggest users of water followed by domestic sector and industrial sector.

EFFECTS OF THIS SCENARIO DECLINING OF

GROUND WATER

• India is the world's largest user of groundwater, accounting for 25 percent of the world’s extracted groundwater.

• India’s groundwater use went from about 7km³ in 1940 to about 270 km³ over the past decade.

• More than 60% of agriculture and 85% of drinking water suppies are depending on ground water.

DECREASING PER CAPITA

WATER AVAILABILITY

• India is staring at severe water crisis. Between 1951 and 2011, water availability per person dropped 70%. By 2050, it is expected to reduce to just 22% of the present availability.


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DIRE SITUATION

OF CITIES

• 28 cities across 14 states and one Union Territory found average daily supply to be just 3.3 hours a day. Only 62% of the urban households have access to treated tap water as per the 2011 census.

• Indian cities already supply less water than what Cape Town is forced to do under extreme drought.

• In Indian cities, this is quite common, 71% of India’s urban households collect drinking water at home, 21% take it from near home and 8% away.

• BBC listed 11 cities that are at risk of running out of water like Cape Town. Only one Indian city, Bengaluru, made the list.

OTHERS • 76 million are without access to safe drinking water

• Over 329, 000 children under five die due to diarrhoea in India in 2015. • But given that many Indian cities need to be supplied with water tankers every

summer and public taps go dry for days on end, it is safe to assume the situation is grimmer.

Water utilization in India Water resources are utilized mainly for three purposes:

1. Irrigation 2. Industrial 3. Domestic

Nearly 85%-90% of water used in India. Whereas in Europe (developed nations) only one-third (~ 33%) is utilized for agriculture. This only shows that the agriculture usage of water is quite inefficient in India and that there is large scope for improvement.


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AN ANALYSIS OF WATER CONSUMPTION IN AGRICULTURE

• Water consumption in agriculture is nearly 80% of total water or 900 BCM. The total geographical area of our country is 328.7 million hectares (m.ha). About 42% of this area is under cultivation i.e., 140.7 m ha. The water which is uses is larger than the demand.

An example of china


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• Total cultivation area is 170 Mha (larger then India). And total water uses is 609 BMC (smaller then India).

• Agriculture accounts for 63% of total water use in 2014 (including surface and groundwater), down from 70% in 1997.

• However, total water use increased to more than 609 billion m3, compared to 392 billion m3 in 1997.

WHAT NEEDS TO BE DONE? a) Proper management There are 3 dimensions along which the issue of water security is usually dealt with:

1. Managing the water resources (for economic and human use) 2. Mitigating the water-related risks (floods, droughts, and others) 3. Sharing water and benefits (upstream, downstream, trans boundary)

b) Steps taken The following are some steps:

1. Augmentation of Water Resources (Through rainwater harvesting, watershed development, increased water storage facilities, desalination plants and others)

2. Employment of Efficient Agricultural Practices (Through recycling water, improving soil moisture levels, replacing flood irrigation techniques, planting more low water use crops and others)

3. Control of Water Pollution (Through industrial and domestic pollution)

c) Economic Use of Water Resources in irrigation As we have discussed earlier the main source of water for plant growth is irrigation, so while

irrigating following important points are to be kept in mind. These are: --when to irrigate --how much to irrigate --how best to irrigate Some other measures for efficient management of irrigation water are discussed as below.

➢ Check water logging: The concept of plant available water capacity enables one to avoid application of excess water which further helps to minimize water- logging along with salinity and alkalinity.

➢ Drainage: To avoid water logging condition and salt accumulation, the field should be provided with a proper drainage system.

➢ Disiltation of tanks: Siltation of tanks and reservoirs both traditional and modem, has added to the gravity of problem of surface water management.

➢ Ground water management: Management of surface water and ground water are equally important in water harvesting and recycling. At present, 29% of the total precipitation is lost through surface run-off and 53% through infiltration. For better management of ground water, the ultimate aim is to increase from 53% of the total precipitation moving into the soil to 100 per cent. This will recharge to ground water.

➢ Watershed management: An important planning input is watershed management is to conduct the ground water study. This study is undertaken to assess the ground water status, soil types and water stored at various depths. With this information it will be possible to plan properly the optimum utilization of the available water.

WHAT INDIA CAN LEARN FROM SINGAPORE Singapore, which has turned around its water woes, is a great inspiration for India. Despite having no natural water supply, the island nation uses recycled water, desalinization and artificial reservoirs to adequately meet its water demand.


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CONCLUSION: It’s time that we need to awake to the bleak reality of waterless cities, and take more steps to make people aware, fix infrastructural issues, harvest rainwater, reclaim water bodies, and promote ideas for making the best use of existing water supplies.

KEEP IN MIND

DAY ZERO • The city designated the day as Day Zero, when there is no more water

to pump to residents, and all water taps will be turned off.

BBC REPORT • Listed Brazil's Sao Paulo at first position among the 11 global cities that

are likely to run of drinking water. Others cities are:

Bengaluru, Beijing (China), Mexico City (Mexico), Sanaa (Yemen), Nairobi

(Kenya), Istanbul (Turkey), Karachi (Pakistan), Buenos Aires (Argentina)

and Kabul (Afghanistan).

https://timesofindia.indiatimes.com/topic/Sao-Paulo


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GOVERNMENT EFFORTS FOR WATER

CONSERVATION

1. National Water Policy:

• National Water Policy has been to govern the planning and development

of water resources and their optimum utilization.

• The first National Water Policy was adopted in September, 1987. It was

reviewed and updated in 2002 and later in 2012.

2. National River Linking Project:

• Interlinking project aims to address the issue of uneven distribution

water but has proved to be contentious between the government and

civil society groups

• Ecological sustainability and affordability of diverting water to deficit

regions from surplus regions put constraints on its implementation.

3. Atal Bhujal Yojna:

• The Indian Government has formulated the water conservation scheme

Atal Bhujal Yojana (ABY) to tackle ever-deepening crisis of depleting

groundwater

• The scheme emphasises on recharging ground water sources and ensures

efficient use of water by involving people at local level.

National Rural Drinking Water Programme (NRDWP):

It aims at providing every person in rural India with adequate safe water for

drinking, cooking and other domestic basic needs on a sustainable basis.

International Effort:

Water Scarce Cities Initiative: The initiative by World Bank seeks to promote

an integrated approach to managing water resources and service delivery in

water-scarce cities as the basis for building resilience against climate change.

There are two types of water stress

Physical water stress

• This refers to the situation where physical access to water is limited.

• In some cases the land itself falls under this category where naturally

the amount of water available is limited such as deserts.

Economic water stress

• This water stress refers to a situation where the particular geography

is endowed is water however they do not have the required

economic resources to utilize as adequate source of water.

• Much of Sub-Saharan Africa faces this challenge.


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TOPIC 10: INDIA’S SOLID WASTE MANAGEMENT PROBLEM

THE OBJECTIVE:India’s waste predicament presents numerous social and environmental challenges for urban local bodies (ULBs), whose prerogative covers MSW management. Most noticeably, urban waste has significant effects on our health. From solid urban waste to sewage to chemical or industrial waste – every waste is mismanaged and has become a mammoth problem in the face of rapid urbanization. In this article, we focus on the issue related to solid waste and the possible steps required to tackle it. WHAT IS SOLID WASTE MANAGEMENT?

• Solid Waste Management may be defined as the discipline associated with the control of generation, collection, storage, transfer and transport, processing and disposal of solid wastes in a manner that is in accord with the best principles of public health, economics, engineering, conservation, aesthetics and other environmental considerations.

STATUS OF SOLID WASTE: INDIAN SCENARIO

• Per capita waste generation in India increasing by 1.3 percent per annum.

• Yearly generation in waste is around 5 percent annual.

• Per capita waste generation varies from 200 to 600 gm per day.

• Total quantity of solid waste Generated in urban areas per day (TDP) Of the country – 1.15 lakh tonne.

• Waste generated in 6 mega cities – 21,100 TDP, 18.35 percent. Waste generated in Metro Cities (1 million plus towns)- 19,643 TDP, 17.08 percent.

• Collection efficiency is between 50 percent to 90 percent of solid waste generated.

• Urban Local Bodies spend Rs.500 to 1500 per ton on solid waste management of which, 60-70 percent of the amount is on collection alone and 20 to 30 percent on transportation.

• According to the World Bank, India’s daily waste generation will reach 377,000 tonnes by 2025.

COMPOSITION OF WASTE

SR NO COMPOSITION PERCENTAGE

1. Biodegradable 52

2. Metal scrap, rubber, textile etc 11

3. Stone and debries 6

4. Sand 20

5. Plastics 6

6. Paper products 5


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CURRENT PRACTICES ADOPTED IN INDIA FOR WASTE:

COMPARISON OF WASTE HIERARCHY IN SOUTH KOREA AND INDIA

SOUTH KOREAN MODEL INDIAN MODEL

Most preferred

Least preferred

INDIA’S WASTE MANAGEMENT WOES ❖ Waste People Generate: A staggering figure of forty-three million tonnes of Solid Waste is

collected annually, out of which only 11.9 million, that is 22-28 percent is treated, while about 31 million tonnes of waste is left untreated and dumped at the landfill sites.

❖ How Major Metros Manage Their Trash: Major metropolitan cities like Delhi, Mumbai, Chennai, Hyderabad, Bengaluru and Kolkata generate about 10 million tonnes of garbage every day. The problem is not the enormous amount of waste generation, but how a huge chunk of garbage is remained untreated every single day.

REDUCE

RE-USE

RE-CYCLE

ENERGY RECOVERY

DISPOSAL


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❖ India’s Ever-growing Landfills: More than 70% of collected urban waste is dumped straight into the landfills. As a result most of them are brimming and are way past their limit.

❖ Around the word – Where India Stands: Globally, there are around 2,200 waste-to-energy plants, of which the European Union has 445, China has 150 and USA has 86. Despite its burgeoning population, India just has 8. If India starts collecting and treating its waste effectively then it can be used to generate a lot of energy.

❖ India’s Contribution to The World’s Growing Waste Miseries: Researchers say India pumps around 0.6 tonnes of plastic waste into the oceans annually. It is the 12th biggest plastic polluter in the world and ranked 10th when it comes to the generation of municipal solid waste.

REASONS OF IMPROPER MANAGEMENT OF WASTE IN INDIA ❖ Improper planning for waste management while planning the townships. ❖ In India, the 3 R’s i.e. Reduce, Re-use, Re-cyclenot followed properly in Municipal Solid Waste

Management practices. ❖ Impractical institutional set up for waste management and planning and designing in urban local

bodies. ❖ Lack of technical and trained manpower ❖ Incomplete community involvement ❖ Less expertise and exposure to the city waste management using modern techniques and best

practices. ❖ Partial awareness creation mechanism ❖ Outdated Management Information Systems ❖ Less funds with Urban Local Bodies ❖ Indifferent attitudes of ULBs in user charges and sustainability

IDEAL APPROACHES TO WASTE MANAGEMENT 1. Possible Waste Management Options:

(a) Waste Minimisation (b) Material Recycling (c) Waste Processing (Resource Recovery) (d) Waste Transformation (e) Sanitary Landfilling – Limited land availability is a constraint in Metro cities.

2. Processing / Treatment should be: ❖ Technically sound ❖ Financially viable ❖ Eco-friendly / Environmental friendly ❖ Robust operate & maintain by local community ❖ Long term sustainability

APPROACHES TO WASTE PROCESSING AND DISPOSAL ❖ Wealth from Waste (Processing of Organic Waste)

(A) Waste to Compost 1. Aerobic / Anaerobic Composting 2. Vermi-composting

(B) Waste to Energy 1. Refuse Derived Fuel (RDF) / Palletization 2. Bio-methanation

❖ Recycling of Waste ❖ Sanitary Landfilling ❖ Treating Bio-medical Waste Separately


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VARIOUS TECHNOLOGY OPTIONS RECOMMENDED FOR WASTE PROCESSING Towns Generating Garbage

❖ Up-to 50 Metric Tons per Day = Vermi-composting ❖ Between 50 Mt and 500 Mt per Day = Vermi-composting + Mechanical Composting ❖ More Than 500 Mt per Day = Mechanical Composting + Refuse Derived Fuel(RDF)

INITIATIVE BY GOVERNMENT OF INDIA: ❖ Bio-medical waste handling Rules, 1998

• It covers any waste or byproduct generated during treatment, immunization and treatment of human beings or animals or in research activities.

• It covers various institutions like nursing homes, animal houses, veterinary homes, blood banks, dispensaries, pathological laboratories, etc.

• The BMW Rules prohibit mixing of biological wastes with any other type of wastes. The general rule provided is that bio-medical wastes can’t be kept stored beyond the period of 48 hours without being treated.

• There should be a Common Biomedical Waste Treatment Facility (CBWTF) at every 150 Kms in the country.

❖ Municipal Solid Waste Management Rules, 2016: major provisions including

• Segregation at source

• Collection and disposal of sanitary waste

• Collect Back scheme for packaging waste

• Waste processing and treatment

• Promotion of waste to energy

• Revision of parameters and existing standards (As per the new rules, the landfill site shall be 100 metres away from a river, 200 meters from a pond, 500, 200 metres away from highways, habitations, public parks and water supply wells and 20 km away from airports/airbase.)

• Constitution of a Central Monitoring Committee ❖ The Plastic Waste Management Rules, 2016

• Rural areas have been brought in ambit of these Rules.

• First time, responsibility of waste generators is being introduced.

• Plastic carry bag will be available only with shopkeepers/street vendors pre-registered with local bodies on payment of certain registration fee.

• Extended Producer Responsibility ❖ Tax free Bonds by ULBs:

• Tax free municipal bonds can be issued for raising finances from the market for infrastructure development. Such bonds can be issued by ULBs having good financial health and good credit rating to attract investors to invest in municipal bonds.

• Presently, the concept of Municipal bonds is at a nascent stage in India and only a few ULBs with a large and buoyant revenue base (credit rating) have been successful in raising funds through them (e.g. Ahmedabad has raised finance several times through tax free bonds and have been able to raise money for infrastructure development very swiftly).

❖ PPP in SWM:Private sector joining hands with the public sector has become essential for providing SWM services and creating essential infrastructure for collection, transportation, treatment and disposal of waste, resulting in efficient maintenance and cost-effective provision of services.

❖ Capacity Building through financial support:

• Local taxes such as the property tax, water tax, conservancy tax, development fee.


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• User charges

• Rents from properties, license fees, and other non-tax revenues

• Grants from State and Central Government SOLID WASTE MANAGEMENT: THE CHALLENGE AHEAD

DOOR TO DOOR

COLLECTION

❖ The one of the major head of the Swachh Bharat Mission is the solid waste management.

❖ The aim is to have door-to-door collection of garbage in all 81,000 urban wards in India.

❖ So far, 41,000 wards have been covered.

WASTE PROCESSING

• When Swachh Bharat Mission started, it was 16 percent.

• After three years of Programme, it is now 22 percent.

PRODUCTION OF COMPOST

• Estimated 54 lakh tonne

• Installed capacity- 15 lakh tonne

• 145 compost plants are in operation, 200 are under construction.

POWER GENERATION FROM WASTE

• Estimated capacity- 600 MW

• Installed capacity- 92 MW

• 150 wastes- to- energy projects are under construction.

• The central assistance through viability gap funding has been increased from 20 percent to 35 percent.

SOLID WASTE MANAGEMENT MODEL OF SEOUL ❖ In the 1990’s, the city of Seoul adopted and improved the national policy on solid waste

management. The focus of waste management policy centered on the following: 1. Waste reduction at source 2. Utilization of waste (recovery of material and stored energy)

-1990: Recycling started -1995: Fees for waste system introduced to charge waste by volume -1998: Utilization of food waste began

❖ Seoul adopted volume-based waste disposal system, which increased amount of recycles and significantly reduced the amount of landfill.


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CONCLUSION: The management of solid waste in India is a challenge because of its huge population size and ever-increasing consumerism due to increasing income, that must be planned and implemented efficiently. Creative ideas and strategies need to be incorporated in the planning. This should also include the inclusion of latest technologies in waste treatment strategies.

CASE STUDY OF THE GHAZIPUR AND DEONAR LANDFILL TRAGEDIES

GHAZIPUR LANDFILL COLLAPSE FIRE AT MUMBAI’S DEONAR DUMP

THE CASE • A large portion of the 50-metre-high Ghazipur dumpsite in East Delhi collapsed on September 1, 2017 leaving at least two people dead and many more injured.

• In January 2016, fire raged in the Deonar landfill in the Mumbai. This was the second fire at the 132-acre dump yard within a week.

CAUSES OF THE INCIDENT

• Over-saturation of the site and steep slope that did not stand the weight of this daily dump, is likely to have caused the collapse. The heavy rains acted like a trigger that led to the slide.

• Experts said the unsystematic dumping of waste for more than 98 years had led to accumulation of combustible methane gas that has been stoking fires.

DAILY DUMP

• The garbage is transported over 100 trucks and 30 loaders in three shifts daily.

• Municipal Solid Waste- 2000 TPD

• Disposed on Landfills- 1200 TPD

• Incineration-1000 TPD (15 days/ month)

• Around 5,000- 6,000 metric tonnes of untreated waste is dumped at the dumping ground every day.

• 1900 vehicle trips daily collected MSW.

PRESENT STATUS

• The 33-year-old landfill passed its expiration period long ago.

• The liquid waste from the landfill is left untreated that posing severe threat to ground and surface water resources in the vicinity.

• The area also has a pilot waste-to-energy plant with about 12 MW

• Resulting in smog in the air in neighbouring areas of Chembur, Govandi, Mankhurd, Wadala, Sion and even Ghatkopar.

• According to reports, this led to a 40% increase in pollution levels. Many residents complained of foul smell and respiratory problems.


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capacity. However, it is operational for only 15 days in a month.

• A methane-capturing gas-to-electricity plant was also set up in 2015, but it did not run due to low levels of methane.

• The residents of the area are struggling with health hazards due to heavy smog and smoke billowing out of the dumping yard.

WHAT NOW?

• Adopt the process of decentralised processing options.

• The first step is to operationalise segregation at source.

• Accountability and transparency of the process should be increased by creating a Management Information System (MIS).

• The resident of Chembur approached the Bombay High court for the constitution of the committee to oversee security measures at Deonar to prevent such incidents in the future.

• The BMC has hire the services of IIT Mumbai and NEERI to suggest and design measures to trap methane from the landfill site.

• Partial closure composting of 2000 TPD

HOW DELHI COLLECT ITS WASTE?

HOW IT DISPOSE

ITS WASTE

•Waste is collected at 2500 community bins that serve as secondary collection centre, before being disposed off at landfills.

DUMPS

•Four- at Okhala, Gazipur, Narela-Bawana and Bhalswa covering an area of of 150 acre.

•All four sites are non-engineered.

TREATMENT OF

WASTE

•Experts say that at least 50 percent of waste is fit for composting and another 30 percent can be re-cycled

•According to CPCB, only 4500 TPD of waste is treated, as per january 2015.

PEEVE POINT

• 85 percent of the sanitation budget goes into transporting garbage.

•Three of four landfills are overdue for closure. the existing site will overflow by 2021.


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COLOUR OF DUSTBIN AND ITS SIGNIFICANCE


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