💥Mains Ready By December. Smash Mains & Smash PYQ Admissions Open
Talk to Mentor

Civilsdaily

Login

GS Paper: Government Scheme/Policies

  • [pib] Sophisticated Analytical & Technical Help Institutes (SATHI) Scheme

    The Department of Science & Technology has launched a unique scheme called “Sophisticated Analytical & Technical Help Institutes(SATHI)”.

    SATHI 

    • SATHI aims to address the need for building shared, professionally managed and strong S&T infrastructure in the country which is readily accessible to academia, start-ups, manufacturing, industry and R&D labs etc.
    • These Centres are expected to house major analytical instruments to provide common services of high-end analytical testing, thus avoiding duplication and reduced dependency on foreign sources.
    • These would be operated with a transparent, open access policy.
    • DST has already set up three such centres in the country, one each at IIT Kharagpur, IIT Delhi and BHU.

    Objectives of the Scheme

    • SATHI will address the problems of accessibility, maintenance, redundancy and duplication of expensive equipment in the institutions.
    • This will also foster a strong culture of collaboration between institutions and across disciplines to take advantage of developments, innovations and expertise in diverse areas.

  • ICDS Programme

     

    Centre seeks to revamp the ICDS scheme in urban areas. For this NITI Aayog will develop draft policy, which will be circulated to the Ministries for consultations.

    Integrated Child Development Services (ICDS)

    • The ICDS is a government programme in India which provides food, preschool education, primary healthcare, immunization, health check-up and referral services to children under 6 years of age and their mothers.
    • The scheme was launched in 1975, discontinued in 1978 by the government of Morarji Desai, and then relaunched by the Tenth Five Year Plan.
    • Tenth FYP also linked ICDS to Anganwadi centres established mainly in rural areas and staffed with frontline workers.
    • The ICDS provide for anganwadis or day-care centres which deliver a package of six services including:
    1. Immunization
    2. Supplementary nutrition
    3. Health checkup
    4. Referral services
    5. Pre-school education(Non-Formal)
    6. Nutrition and Health information

    Implementation

    • For nutritional purposes ICDS provides 500 kilocalories (with 12-15 grams of protein) every day to every child below 6 years of age.
    • For adolescent girls it is up to 500 kilo calories with up to 25 grams of protein every day.
    • The services of Immunisation, Health Check-up and Referral Services delivered through Public Health Infrastructure under the Ministry of Health and Family Welfare.

    Revamp for Urban Areas

    • Health and ICDS models that work in rural areas may not work in urban areas because of higher population density, transportation challenges and migration.
    • Children in urban areas were overweight and obese as indicated by subscapular skinfold thickness (SSFT) for their age.
    • The first-ever pan-India survey on the nutrition status of children, highlighted that malnutrition among children in urban India.
    • It found a higher prevalence of obesity because of relative prosperity and lifestyle patterns, along with iron and Vitamin D deficiency.
    • According to government data from 2018, of the 14 lakh anganwadis across the country there are only 1.38 lakh anganwadis in urban areas.

  • [op-ed of the day] Let’s not muddle along on how we share natural endowments

    Context

    Governments regulations and restrictions in the markets, believing that policies could artificially restrict either supply or demand, or both, often results in unrealistic or unworkable prices.

    Adoption of the auctioning process to allocate resources

    • Design of process makes the difference: While auctions may be the cleanest way to allot scarce natural resources to private parties, their design makes all the difference.
    • Three things needed to get the desired results from auctions:
      • Clear policy goal: Define clear policy goals for the allotment of the resource whether coal blocks, spectrum or land.
      • The proper process of periodic review: Define a proper process for periodic review of the design itself, since it may not be possible to get everything right in the first instance.
      • Make the process non-partisan: Make the political oversight process as non-partisan as possible, so that regime changes do not keep upending policies.

    What went wrong in spectrum allocation case?

    • Arbitrary tweaks in policy: Arbitrary tweaks were made in the telecom licence and spectrum allocation policy.
      • Which is what forced the apex court to intervene and cancel those licences.
    • The claim of revenue loss: Cancellation followed a  claim by the CAG that the “presumptive” revenue losses may have been as high as ₹1.76.
    • Result of the two events-policy of revenue maximisation: The net result was that all subsequent auctions were designed to maximize spectrum bids.
      • Winner’s curse: The policy finally ended up becoming a winner’s curse, evident in the pile of debt incurred by the telecom sector.
    • Why did this happen? This happened because of the absence of a clear policy goal.

    Real estate sector

    • High land prices: The same goes for real estate, which is struggling right now due to high land prices because the bureaucracy prevents price reduction in land.
      • Unaffordable to middle-income buyers: That make most properties unaffordable for middle and lower-middle-income buyers.
    • Low FSI issue: Urban land prices are high due to artificial constriction of supplies through the fixing of low floor space indices (FSIs) even in land-scarce localities.

    Technology and periodic review of policy

    • Technology can lower costs: Spectrum or land or coal mines are not always in short supply, for new technology lowers costs.
      • Efficient spectrum use: The same spectrum can, with the use of newer technology, be used more efficiently.
      • 3D printing in construction: Better infrastructure and improved building technologies (even 3D printing techniques for mass housing projects in non-urban areas) can lower housing costs enormously.
      • Automated coal mining: Automated coal mining can lower coal production costs, enabling higher profitability even with relatively high auction bids.
    • Need for periodic policy review: Technology can reduce the prices of the resources and hence the periodic review of the prices at which the resources are allocated need to be taken to for balanced pricing.

    Conclusion

    • Policies on the allocation of scarce resources need to evolve based on actual experience and changing technologies and processes.
    • The success or failure of a specific policy cannot be judged purely from a revenue or transparency point of view.

     

     

     

  • [op-ed of the day] Human rights are not solely an ‘internal matter’

    Context

    The human rights situation in Jammu and Kashmir following the dilution of Article 370 and the passage of the Citizenship (Amendment) Act (CAA) have brought renewed international focus on India’s human rights practice.

    Evolution of the modern Human Rights

    • Classical approach: Countries made agreements on the premise that a sovereign state had the exclusive right to take any action it thought fit to deal with its nationals.
      • No recognition of individuals’ rights:  Classic international law governed the conduct between states and did not recognise the rights of individuals.
    • The classical notion was challenged in the 19th century.
    • Modern Human Rights:  Slavery Convention adopted by the League of Nations prohibiting the slave trade heralded the first human rights treaty.
      • It was based on the principle of dignity of a human being.
    • The Universal Declaration of Human Rights: Adopted in 1948 by the United Nations, was the first comprehensive international human rights document.
    • The weakening of Unrestricted sovereignty: The evolution of international human rights law is also about the gradual weakening of the concept of unrestricted sovereignty.

    India and Human Rights

    • Unwarranted international scrutiny: The Indian government’s response to its human rights practice has always been that international scrutiny is unwarranted.
      • Why India claims so?: Since the country is the largest democracy in the world with an independent judiciary, free media, and an active civil society no international scrutiny is required.
      • Indian has always assured the international community that the judiciary (the SC) would provide adequate remedies to victims of human rights violations.
      • These claims sound less credible after the recent developments in J&K and the passage of the CAA.
    • Human rights and Discriminatory nature of CAA: Non–discrimination is a fundamental principle of human rights.
      • The Office of the High Commissioner for Human Rights (OHCHR) said that CAA is fundamentally discriminatory in nature”.

    Role of Civil Society and Media

    • Media’s questionable role: Responding to international concerns the Indian government also refers to the role of free media and civil society in protecting human rights.
      • However, the media’s role in J and K and after CAA is questionable.
    • Weakened Civil Society: The government has imposed various curbs on it since 2014.
      • It has become difficult for it to receive foreign contribution.
      • Use of FRCA: Since 2014, the government has canceled the registration of about 14,000 NGOs under the Foreign Contribution Regulation Act (FCRA).

    Conclusion

    • It is possible for the Indian government, due to its diplomatic clout, to avoid robust intervention by the UN Human Rights Council and other UN human rights mechanisms.
    • But it would be difficult to avoid scrutiny by the international community. So, the government must take steps to allay international concerns and avoid situations where it is seen as a violator of human rights.

  • [Op-ed snap]The ABCDEF of implementation

    Context

    Over the years many well-designed schemes failed to make a significant dent on the lack of access to basic services that a large proportion of our population faced. However, Swachh Bharat Mission (SBM) has thrown up six guiding principles, which can be applied to any large transformation scheme.

    What made the difference?

    • Final delivery of service was considered as the only metric of success.
    • There has been a relentless emphasis on taking all schemes to fruition on the ground.
    • The success has thrown up six important guiding principles that can be applied to any large transformation scheme — the ABCEDF of implementation.

    A-Align

    • Different people at different levels may have competing priorities. So, goal congruence has to be achieved across the administrative ecosystem i.e. aligning the goal.
    • The message must percolate down to all the levels.
    • After the announcement of SBM the Department of Drinking water and Sanitation had to ensure that the message reaches the Chief Ministers, 700 district collectors, and 2,50,000 sarpanches.
    • The three layers of the PM-CM-DM model working in cohesion is the first and most important step towards policy translating into real delivery.
    • Team SBM-Grameen ensured sanitation remained on everyone’s agenda.

    B-Believe

    • Believing in the set goal is crucial for achieving success.
    • When faced with seemingly insurmountable goals, teams that don’t genuinely believe that the goal can be achieved find themselves not motivated enough.
    • This lack of motivation results in them not trying enough and not achieving results- a self-fulfilling prophecy.
    • So, the next important step is to build a team of people who believes that the goal is achievable.
    • The SBM brought in a unique blend of young professionals and experienced but driven bureaucrats, at the center and in the states, and each person quickly became a believer.

    C-Communicate

    • At its core, SBM is a behavioral change program.
    • Communication at all levels, above and below the line, mass and inter-personal, is fundamental to the SBM.
    • Trained grassroots volunteers called Swachagrahis were created, who went from door to door to communicate the message of swachhata.
    •  SBM attempted to make sanitation glamorous.
    • Glamour was sought to achieve by engaging extensively with media, leveraging popular culture, and associating Bollywood stars, sportspersons, and other influencers.
    • A recent study estimated that each rural Indian was reached by SBM messaging about 3,000 times over the past five years.

    D-Democratise

    • Democratize means developing a feeling of belonging or being part of something.
    • SBM has become a sort of Jan Andolan.
    • It nudged people to realise that sanitation is not an individual good, but a community good, as its full benefits accrue only when it is universal.
    •  Over the years, everyone became a stakeholder and sanitation became everyone’s business.
    • Even corporates, NGOs, civil society organizations and other government ministries and departments played a role in mainstreaming sanitation.

    E-Evaluate

    • The SBM was operating at a massive scale in a largely decentralised manner
    • As progress started surpassing expectations many people questioned the veracity of official administrative progress figures.
    • So, it became important to encourage third-party monitoring.
    • The monitoring evaluates outputs, outcomes, and impacts to reinforce the credibility and keep the implementers motivated.
    • At the same time, pockets of excellence emerged which deserved to be studied and shared with others to replicate.
    • The various organization conducted an assessment with regard to various factors.
    • World Bank, UNICEF, Bill and Melinda Gates Foundation and WHO conducted various assessments of sanitation coverage and usage, successes and areas of improvement, as well as the health, economic and social impacts of the SBM.

    F-Follow-through

    • There is a strong focus on not declaring SBM a “mission accomplished”.
    • The SBM is continuing to work towards sustaining the ODF behaviour and ensuring that no one is left behind.
    • Recently released a forward-looking 10-year sanitation strategy, articulating the goal of moving from ODF to ODF Plus.
    • This post-delivery follow-through is critical to ensure that the change becomes the norm and that things don’t reset to what they used to be in the past.

    Conclusion

    The lessons learned from SBM and these guiding principles could be applied in the implementation of other such policies. And aligning with this goal, the Jal Jeevan Mission is being designed to deliver, based on the ABCDEF of implementation.

  • Organ & Tissue Transplant- Policies, Technologies, etc.

  • Water Management – Institutional Reforms, Conservation Efforts, etc.

    Importance for the exams

    • Mains – Understand the problems with the existing water management institutions. How a new institutional framework tries to address these, its criticism.
    • Prelims – All the bodies involved, their structure, composition – CWC, CGWB and the proposed NWC.

    In News

    Mihir Shah Committee recommendations on institutional reforms are being considered by the govt. The Committee proposes setting up of a new National Water Commission(NWC) whose focus will be protection, conservation and preservation of water. It will subsume the present bodies – Central Ground Water Board (CGWB) and Central Water Commission (CWC).
    These reforms are necessary for the effective implementation of the two proposed laws whose drafts have been released by the Ministry of Water Resources.

    Present Framework

    Water Management is carried out by 2 bodies
    1. CGWB is responsible for framing policies and guidelines related to the exploitation of ground water .
    2. CWC deals with water in irrigation projects and reservoirs.
    Work of river conservation and planning is divided among two Ministries, the Ministry of Water Resources and the Ministry of Environment. Glaciers and snow cover are dealt with by the Ministry of Earth Sciences from the point of view of climate change research.

    Issues with the present framework

    1. These bodies were setup in an era when India faced completely different set of challenges. CWC was mostly concerned with the creation of irrigation capacity to ensure food security. Likewise, CGWB was concerned with availability of drinking water at the cost of groundwater exploitation. They are not equipped to meet the challenges of today.
    2. In the current setup, they work independently in an isolated manner with very little coordination leading to over extraction of groundwater and drying up of peninsular rivers.
    3. According to a CWC note, 11 different Departments or Ministries handle the subject of water in different ways.
     

    Aim and working of NWC

    1. NWC will unify these 2 bodies and ensure all water-related activities are in sync with each other. Will views surface water and ground water in an integrated and holistic manner.
    2. River basin as a unit of planning – Given the integral link between aquifers, groundwater and river flows, it is important that planning for water management is done at the level of the river basin itself.
    3. It will stress on a multidisciplinary approach towards water usage and conservation by consulting professionals from across the domain
    4. Will follow a participatory approach where Local communities will have a decisive role in the allocation and use of water in their areas.
    5. Industries to declare water footprint.

    Composition

    1. Chief National Water Commissioner as its head.
    2. Full time commissioners representing hydrology, hydrogeology, hydrometeorology, river ecology, ecological economics, agronomy (with focus on soil and water) and participatory resource planning and management.
    3. 8 divisions –  Irrigation Reform, River Rejuvenation, Participatory Groundwater Management, Urban and Industrial Water, Water Security (including droughts, floods and climate change) and Water Quality

    Criticism

    1. The proposed reforms were already being taken up by CGWB and CWC and now they fear will be lost. The recommendations state that they will be merged within the 8 divisions.
    2. No way to tell if it will be an effective tool to resolve inter-state issues.

    RSTV

    Old Water Policy 2012

  • Coastal Zones Management and Regulations

    Shailesh Nayak Committee has recently relaxed norms under coastal regulation zones. It has proposed for allowing housing infrastructure and slum redevelopment activities, tourism, ports and harbor and fisheries-related activities in coastal regulation zone.

    source

    CRZs have been in news at times. Objections have been raised various times to broad the scope of activities that are permitted at these places.

    India has a long coastal line which makes these areas important for the country. Let’s understand this thing in a better way:

    • What are CRZs?
    • Classification of CRZ in India
    • What are the activities permitted and prohibited in these areas?
    • Why are CRZs important for India?
    • Objectives of the Coastal Regulation Zone Notification, 2011
    • Achievements of CRZ rules, 2011
    • Drawbacks of CRZ rules, 2011
    • Shailesh Nayak committee on review of coastal regulation zone notification
    • Analysis of new recommendations

    What are CRZs?

    • Coastal Regulation Zones (CRZ) are classified as the region between the outer limits of territorial waters (12 nautical miles) and a specified inward distance (inland) from the high tide line along coasts.
    • These zones are recognised as fragile ecosystems and as such are accorded protection against unregulated human activities such as construction, sand mining etc.
    • As per the notification, the coastal land up to 500m from the High Tide Line (HTL) and a stage of 100m along banks of creeks, estuaries, backwater and rivers subject to tidal fluctuations, is called the Coastal Regulation Zone(CRZ).

    Classification of CRZ in India

    For regulation of developmental activities, the coastal stretches within 500m of HTL on the landward side are classified into four categories, viz.

    • Category I (CRZ-I)
    • Category II (CRZ – II)
    • Category III (CRZ-III)
    • Category IV (CRZ-IV)

    Category I (CRZ -I):

    a) Areas that are ecologically sensitive and important, such as national parks/marine parks, sanctuaries, reserve forests, wild habitats, mangroves, corals/coral reefs, areas likely to be inundated due to rise in sea level consequent upon global warming and such areas as may be declared by the authorities.

    b) Areas between the Low Tide Line and High Tide Line

    Category II (CRZ -II):

    The area that have already been developed up to or the shoreline.

    Category III (CRZ -III):

    Areas that are relatively undisturbed and those which do not belong to either Category I or II. These include coastal zone in the areas (developed and undeveloped) and also areas within Municipal limits or in other legally designated urban areas which are not substantially built up.

    Category IV (CRZ-IV):

    Coastal stretches in the Andaman and Nicobar Islands, Lakshadweep and small islands, except those designated as CRZ I, CRZ II and CRZ III.

    What are the activities permitted and prohibited in these areas?

    CRZ I: Regulations

    No new constructions shall be permitted within 500m of the HTL.
    CRZ II: Regulations

    • Buildings shall be permitted neither on the seaward side of the existing road or on the seaward side of the existing and proposed road
    • Reconstruction of the authorized building to be permitted subject to the existing FSI/FAR norms and without change in the existing use
    • The design and construction of buildings shall be consistent with the surrounding landscape and architectural style 

    CRZ III: Regulations

    • The area up to 200m from the HTL is be earmarked as ‘No Development Zone’.
    • No construction shall be permitted in this zone except for repairs of existing authorized structures not exceeding existing FSI, existing plinth area and existing density.
    • However, the following uses may be permissible in this zone-agriculture, horticulture, gardens, pastures, parks, play fields, forestry and salt manufacture from sea water.

    Why are CRZs important for India?

    • India has a long coastline of 7516 km, ranging from Gujarat to West Bengal, and two island archipelagos (Andaman Island and Lakshadweep).
    • Our coastal ecosystems provide protection from natural disasters such as floods and tsunamis.
    • Coastal waters provide a source of primary livelihood to 7 million households.
    • Our marine ecosystems are a treasure trove of biodiversity, which we are only beginning to discover and catalogue.
    • Thus, our coastline is both a precious natural resource and an important economic asset, and we need a robust progressive framework to regulate our coast.

    Objectives of the Coastal Regulation Zone Notification, 2011

    The main objectives of the Coastal Regulation Zone Notification, 2011 were:

    • To ensure livelihood security to the fishing communities and other local communities living in the coastal areas;
    • To conserve and protect coastal stretches and;
    • To promote development in a sustainable manner based on scientific principles, taking into account the dangers of natural hazards in the coastal areas and sea level rise due to global warming.

    Achievements of CRZ rules, 2011

    • It widens the definition of CRZ to include the land area from HTL to 500 m on the landward side, as well as the land area between HTL to 100 m or width of the creek, whichever is less, on the landward side along tidal influenced water bodies connected to the sea.
    • The concept of a ‘hazard line’ has been introduced.
    • Clearances for obtaining CRZ approval have been made time-bound. Further, for the first time, post-clearance monitoring of projects has been introduced
    • Introduction of the Coastal Zone Management Plans, which will regulate coastal development activity and which are to be formulated by the State Governments or the administration of Union Territories.
    • The 2011 Notification also lists out certain measures that have to be taken to prevent pollution in the coastal areas/coastal waters.

    Drawbacks of CRZ rules, 2011

    • Although the no-development zone of 200 metres from the HTL is reduced to 100 metres, the pro­vision has been made applicable to “traditional coastal communities, including fisher-folk”, thereby giving the chance for increased construction on the coast and higher pressure on coastal resources
    • Disallowing Special Economic Zone(“SEZ”) projects in the CRZ
    • There are no restrictions for expansion of housing for rural communities in CRZ III

    Shailesh Nayak committee on review of coastal regulation zone notification

    The main recommendations of this new committee are:

    • Need to demarcate precisely: There exists ambiguities in key baseline data, including the demarcation of high and low tide lines and the coastal zone boundary, which has affected the preparation of Coastal Zone Management Plans.
    • Shift in Governance: Transferring control of development in the CRZ-II zone, the existing built-up area close to the shoreline, from the Environment Department to State Town Planning authorities, as proposed, would mark a radical shift in governance.
    • Construction Activities: Proposed lightly regulated tourism in “no development zones”. Construction and other activities could be taken up in CRZ-III zones just 50 m from the high tide line in densely populated rural areas under State norms (with the responsibility to rescue and rehabilitate during natural calamities left to local authorities) could be based on an over-estimation of the capacity in such bodies.
    • Pollution Control: The plan should be to identify specific areas for such activity, assess its environmental impact, demarcate the area under the State’s management plans, and fix responsibility for enforcement, particularly for pollution control.
    • Make it participatory: Involving the local communities in the betterment of these areas has yet not been achieved and incorporating a community-based approach should be made a priority.

    Analysis of new recommendations

    The recommendation by committee has tried to establish a balance between development and coastal conservation. However there are certain areas of concern-

    • The demarcation of high tide and low tide lines and coastal zone boundary affected the coastal zone management plans which are crucial for CRZ.
    • The transfer of developmental control of CRZ 2 from environmental department to town planning committee encourages local participation but it may disturb the whole system of governance.
    • Construction and other activities in CRZ 3 which is in the densely populated zone will hazards human settlement.
    • The proposed lightly tourism activity in the “No development zone” would suffocate further biodiversity conservation.

    Way ahead

    The new recommendations have tried to address issues such as time-bound clearances, enforcement measures, special provisions for specific coastal stretches etc. There is a significant change in the new notification but there is always need for further improvement.

  • Liquor Policy of States

    Kerala’s Liquor Policy: What’s wrong with it?

    Recently, the Supreme Court upheld the ‘Liquor-Free Kerala’ policy restricting the serving of liquor to five-star hotels in the State. The apex court ruled that the State governments be given a free hand to curtail or ban public consumption of alcohol to protect public health and nutrition.

    Before we go into details, let’s see the time-line of Kerala’s Excise Policy

    2007 – Kerala govt. started tightening its excise policy to make liquor less-freely available in the state, in the interest of public health. It started a policy where only those hotels that were accorded 3-star or more by Union Govt.’s Ministry of Culture will be given new bar licenses.

    2011 – It further tightened the policy by denying licenses to any hotels that were accorded less than 4-star by Union Govt.’s Ministry of Culture. However, those hotels with existing licenses were accorded amnesty, i.e. they were allowed renewal of licenses even if the hotel’s rating was less than 4-star.

    2014 – Only hotels classed as 5-star and above by Union Govt.’s Ministry of Culture, will be allowed to serve liquor.

    What is Liquor-Free Kerala policy?

    The policy seeks to prohibit the sale and service of alcohol in all public places, except bars and restaurants in five-star hotels. To be precise, only five star hotels are now allowed to serve hard liquor. <Something, which is often confused>

    • Other categories of hotels could supply only beer and wine.
    • Govt-run liquor shops are to be phased out at a rate of 10% a year over the next decade.
    • Toddy is exempt from the ban and the drink has long been part of Kerala’s culture.

    Foreign tourists could be satisfied by beer and wine, while the domestic tourism sector will be the most affected as tourists from other states prefer hard liquor.

    What is the need for bringing such a policy?

    • Kerala accounts for 14% of the country’s liquor consumption.
    • Even, the apex court said that it is well established that consumption of liquor is bad for health of humankind.
    • Alcoholism critically impact the household budgets of the poor & may lead to domestic violence.

    DPSP also requires state to endeavour for prohibition of intoxicating drinks and drugs, due to the well-known ill-effects on standards of living and public health.

    How this ban could impact Kerala’s economy?

    • Kerala earns about $ 3.8 billion/year from tourism, which is likely to be hit by the liquor ban. The state govt. has hiked excise duty on beer to 5% and that on liquor to 8% to offset revenue losses.
    • The job opportunities in the tourism sector will also be get affected because of this policy, as the industry provides one out of four jobs in the state.

    Why there is so much criticism against prohibition?

    • Actually, the policy of prohibition does not encourage the people to quit the habit.
    • It leads to underground trade and creates a market for spurious liquor.
    • As a policy, prohibition has met with little success anywhere in India, due to corruption within enforcement agencies.
    • Even when it has helped bring down overall consumption, prohibition has led to loss of lives in hooch tragedies.

    What is the argument for exempting five-star hotels & why is it criticized?

    • The State govt. has argued that it is in the interest of tourism.
    • However, the Supreme Court’s decision to exempt five-star hotel seems unreasonable and arbitrary.
    • The judgment strikes at the root of non-discriminatory treatment under the constitution.

    Let’s analyse the court verdict vis-a-vis fundamental rights?

    The case is known as The Kerala Bar Hotels Association vs State of Kerala.

    The bar associations have argued that the liquor policy violates Art 19(1)(g) and Art 14.

    Article 19(1)(g) – To practice any profession, or to carry on any occupation, trade or business.

    • However, the liberty to freely carry on any trade or business is subject to reasonable restrictions that may be imposed by state in the interest of general public.
    • This argument fails, since Art 47 requires state to make an endeavour towards improving public health, including to bring about prohibition of the consumption of liquor.

    Art 14 – The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.

    • The new excise policy had made an unreasonable classification by separately categorizing hotel of 5-star or more and permitting these hotels to serve liquor in public.
    • Therefore, the policy violates Art 14 of constitution by treating persons on an equal standing unequally.

    What could be the better policy alternative?

    Experts argue that a better idea would be to engage non-state actors to step up the campaign for abstention.

    Suggest some better policy alternatives or share some successful case-studies to curb the consumption of liquor.

     

    Published with inputs from Pushpendra