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GS Paper: GS1

  • Citizenship and diversity of India

    Context

    Given the diversity and complexity of India, the only constitutionally valid common denominator is citizenship.

    Social security

    • An eminent sociologist and former president of the International Sociological Association, T.K. Oommen, has written extensively on the concept of social security.
    • Evolution of nation: He says the principal challenges to the evolution of a nation lie in minimising disparity, eradicating discrimination, and avoiding alienation.
    • Excluded groups in our society: He has listed nine categories of socially and/or politically and/or excluded groups in our society: “Dalits, Adivasis, OBCs, cultural minorities — both religious and linguistic, women, refugees-foreigners-outsiders, people [of] Northeast India, the poor and the disabled”.
    • Sources of exclusion in India: He has suggested that “the three sources of exclusion in India — stratification, heterogeneity and hierarchy — create intersectionality.”
    • This insecurity manifests itself in genocide, culturocide and ecocide and in its absence, a society may be conceptualised as secure.
    • The Indian polity, he says, “has the most elaborate set of identities based on class, religion, gender, caste, region, language and their intersectionalities as well as consequent permutations and combinations.
    • Citizenship as a common denominator: Given the diversity and complexity of India, the only constitutionally valid common denominator is citizenship.
    • This is the point at which fraternity can and should be practiced among equals.
    • Prof. Oommen opines that it is “only through the conflation of state and nation” can our Republic be considered a nation.

    Conclusion

    Cultural monoism and secularism are insufficient, Prof. Oommen says; instead, “the idea of conceptualizing India as a multicultural polity is more amenable than a secular India.” The sheet anchor of this has to be citizenship.

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  • Delhi HC gives split verdict on Marital Rape

    Two judges of the Delhi High Court gave a split verdict on the question of criminalising rape within marriage, leaving the law unchanged.

    Seems like the matter will now be referred to a larger bench.

    What is Marital Rape?

    • Marital rape is the act of sexual intercourse with one’s spouse without her consent.
    • It is no different manifestation of domestic violence and sexual abuse.
    • It is often a chronic form of violence for the victim which takes place within abusive relations.

    What is the news?

    • One of the Judge struck down as unconstitutional the exception to Section 375 of the IPC, which says that sexual intercourse by a man with his wife aged 18 and above is not rape even if it is without her consent.
    • However, another Judge said that issue requires consideration of social, cultural and legal aspects.

    Outcome of the split verdict: Preserving the institution of marriage

    The Centre’s concern that criminalising marital rape may destabilise the institution of marriage is a “legitimate” one, said the HC.

    • Spousal intimacy: In a marriage, conjugal expectation is a two-way street, where “consent is given as a part of spousal intimacy although the will to engage may be absent”.
    • Need for written agreement: If every such case is treated as marital rape, then the only way partners in a marriage may survive would be by drawing up a detailed written agreement.
    • Burden of evidentiary record: This would lead to creating a detailed evidentiary record of every act of intimacy and/or by inviting a third party to act as a witness.
    • Defying marital obligations: The HC said that marriage was accompanied by obligations that the partners had to bear, including conjugal expectations, financial obligations and, finally, duty towards progeny.
    • Sexual liberty of spouses: The bench also underlined the signs of injury on a partner need not necessarily mean there had been non-consensual sex as “in the age of sexual liberation”, injuries could be a sign of “passion”.
    • Cruelty not rape: Forced sexual intercourse between a husband and wife cannot be treated as rape. At worst, it can be treated as sexual abuse found in Section 3 of the Domestic Violence Act.
    • Clash of ego: A wife cannot prescribe a particular punishment that can be imposed on the husband ‘to satisfy her ego’,” the judge said.

    Then what is the remedy for such ‘Marital Rapes’?

    • Section 3 of the Protection of Women from Domestic Violence Act, 2005 provides a definition for domestic violence, which includes physical, sexual, verbal and emotional abuse.

    General reasons for disapproval of this concept

    • The reluctance to define non-consensual sex between married couples as a crime and to prosecute has been attributed to:
    1. Traditional views of marriage
    2. Interpretations of religious doctrines
    3. Ideas about male and female sexuality
    4. Cultural expectations of subordination of a wife to her husband
    • It is widely held that a husband cannot be guilty of any sexual act committed by himself upon his lawful wife their on account of their mutual matrimonial consent.

    Why it must be a crime?

    • Associated physical violence: Rape by a spouse, partner or ex-partner is more often associated with physical violence.
    • Mental harassment: There is research showing that marital rape can be more emotionally and physically damaging than rape by a stranger.
    • Compulsive relationship: Marital rape may occur as part of an abusive relationship.
    • Revengeful nature: Furthermore, marital rape is rarely a one-time event, but a repeated if not frequent occurrence.
    • Obligation on women: In the case of marital rape the victim often has no choice but to continue living with their spouse.

    Violation of fundamental rights

    • Marital rape is considered as the violation of FR guaranteed under Article 14 of the Indian constitution which guarantees the equal protection of laws to all persons.
    • By depriving married women of an effective penal remedy against forced sexual intercourse, it violates their right to privacy and bodily integrity, aspects of the right to life and personal liberty under Article 21.

    Global examples

    • Marital rape immunity is known in several post-colonial common law countries.
    • Australia (1981), Canada (1983), and South Africa (1993) have enacted laws that criminalise marital rape.
    • The UK in 1991 arrived at a consensus that a rapist remains a rapist subject to the criminal law, irrespective of his relationship with his victim.
    • However, in 2003 marital rape was outlawed by legislation in the UK.

    Problems in prosecuting marital rape

    • Lack of awareness: A lack of public awareness, as well as reluctance or outright refusal of authorities to prosecute is common globally.
    • Gender norms: Additionally, gender norms that place wives in subservient positions to their husbands, make it more difficult for women to recognize such rape.
    • Acceptability of the concept: Another problem results from prevailing social norms that exist.

    Present regulations in India

    • Indian Penal Code criminalizes rape in most cases, although marital rape is not illegal when the woman is over the age of 18.
    • However, until 2017, men married to those between 15 and 18 could not be convicted of rape.
    • Marital rape of an adult wife, who is unofficially or officially separated, is a criminal offence punishable by 2 to 7 year in prison; it is not dealt by normal rape laws which stipulate the possibility of a death sentence.
    • According to the Protection of Women From Domestic Violence Act (2005), other married women subject to such crime by their husband may demand for financial compensation.
    • They also have the right to continue to live in their marital household if they wish, or may approach shelter or aid homes.

    However, marital rape is still not a criminal offence in this case and is only a misdemeanour.

    Arguments against criminalization

    • Subjective: It is very subjective and intricate to determine whether consent was acquired or not.
    • Prone to Misuse: If marital rape is criminalized without adequate safeguards it could be misused like the current dowry law by the dissatisfied wives to harass and torture their Husbands.
    • Burden on Judiciary: It will increase the burden of judiciary which otherwise may serve other more important causes.

    Way forward

    • Sanctioning marital rape is an acknowledgment of the woman’s right to self-determination (i.e., control) of all matters relating to her body.
    • In the absence of any concrete law, the judiciary always finds it difficult to decide the matter of domestic rape in the absence of solid evidence.
    • The main purpose of marriage is procreation, and sometimes divorce is sought on the ground of non-consummation of marriage.
    • Before giving a final interpretation, the judiciary must balance the rights and duties of both partners.

     

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  • Places in news: Martand Sun Temple

    After Prayers held at the ruins of the eighth-century Martand Sun Temple in Jammu and Kashmir’s Anantnag is deemed to be a violation of the Archaeological Survey of India (ASI) rules.

    About Martand Sun Temple

    • The Martand Sun Temple is a Hindu temple located near the city of Anantnag in the Kashmir Valley.
    • It dates back to the eighth century AD and was dedicated to Surya, the chief solar deity.
    • The temple was destroyed by Sikandar Shah Miri in a bid to undertake mass conversion and execution of Hindus in the valley.
    • According to Kalhana, the Temple was commissioned by Lalitaditya Muktapida in the eighth century AD.
    • The temple is built on top of a plateau from where one can view whole of the Kashmir Valley.
    • From the ruins the visible architecture seems to be blended with the Gandharan, Gupta and Chinese forms of architecture.

    Why in news now?

    • According to ASI, prayers are allowed at its protected sites only if they were “functioning places of worship” at the time it took charge of them.
    • No religious rituals can be conducted at non-living monuments where there has been no continuity of worship when it became an ASI-protected site.

    What are the living/non-living monument?

    • If some activity, like any kind of worship, has been going on for years in the structure, then it is taken over as a living monument.
    • But where no activity has taken place, say an abandoned building, then it is declared a dead monument.
    • The latter is difficult to restore because it is generally covered by a lot of overgrowths.
    • The best-known example of a living ASI monument is the Taj Mahal in Agra, where namaz is held every Friday.

     

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  • Literacy and delivery of services, not religion, influences fertility

    Context

    The National Family Health Survey (NFHS) 5 report that was awaited for nearly six months is finally out. And it provides a heartening outlook.

    About NHFS

    • Started in 1992-93, it has culminated in the fifth round 2019-21.
    • The NFHS is a large, multi-round survey that, inter alia, provides information on fertility, infant and child mortality, the practice of family planning, reproductive health, nutrition, anaemia, quality and utilisation of health and family planning services.
    • The surveys provide essential data needed by the Ministry of Health and Family Welfare and other agencies for policy and programme purposes.
    • The Ministry assigned the nodal responsibility for the task to the International Institute for Population Sciences(IIPS), Mumbai.
    • Several international agencies are involved in providing technical and financial assistance, mainly USAID, DFID, UNICEF, and UNFPA.

    Replacement rate achieved

    • Replacement rate achieved: The report shows that India has finally achieved the replacement rate of 2.1TFR (Total Fertility Rate is the total number of children a woman will bear in her lifetime).
    • In fact, it has gone below the mark to 2.0.
    • There are, of course, large interstate variations.
    • The lagging states are UP, Bihar, Jharkhand, Manipur and Meghalaya.
    • Significantly, there were four states which were keeping the figures poor, namely, Bihar, Madhya Pradesh, Rajasthan and Uttar Pradesh.
    • Two states, Rajasthan and MP, have struggled to get out of this group, while Jharkhand and the two northeastern states have replaced them.
    • UP and Bihar because of their sheer size are pulling down the national average.
    • Rajasthan and MP have reached the TFR of 2, which shows the success of their efforts.

    Influencing factors

    • It is not religion as commonly propounded but literacy, especially of girls, income and delivery of family planning, and health services.
    • 1] Delivery of services: The figures would have been even better if all those who have been made aware of the benefits of family planning had received the services they desire.
    • Making people informed of the need and methods of family planning and motivating them to adopt family planning is difficult enough.
    •  Having achieved the difficult task, we are not able to provide the services communities need — the “unmet need” — which is still very high at 9.4 per cent.
    • If we focus on this issue in a mission mode, the family planning performance will dramatically improve.
    • 2] Male attitude towards family planning: They tend to put the onus for birth control on women.
    • As many as 35 per cent men believe that using contraceptives is a woman’s responsibility. They ignore the fact that male vasectomy is a much simpler procedure than female tubectomy.
    • 3] Acceptance of family planning:  Muslim acceptance of family planning has continued through the five surveys spread over three decades at a rate faster than all other communities.
    • Though birth control practice among Muslims is still the least – 47.4 per cent (up from 45 per cent in NFHS-4).
    • Other communities — for example, Hindus — are not far behind with 58 per cent (up from 56 per cent).
    • This means that 42 per cent of the 80 per cent of the population are not practising family planning.
    • Education:  Women who have not attended school have 2.8 TFR as against 1.8 for those who have completed class XII.
    • Poverty: Similar gap of figure one is visible in the context of poverty with the poorest segment having higher TFR than the richest.

    Conclusion

    The time has come to leave politics behind and work together for achieving the goals set by National Population Policy 2000. Instead of misleading narratives, we need to address the real determinants of fertility behaviour – literacy, income generation and improvement of health and family planning services.

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  • In news: Tropical Cyclone Asani

    Severe cyclonic storm ‘Asani’, packing winds above 105 kmph and setting off heavy rain, is likely to make landfall on the eastern coast of India.

    What are tropical Cyclones?

    • A tropical cyclone is an intense circular storm that originates over warm tropical oceans and is characterized by low atmospheric pressure, high winds, and heavy rain.
    • Cyclones are formed over slightly warm ocean waters. The temperature of the top layer of the sea, up to a depth of about 60 meters, need to be at least 28°C to support the formation of a cyclone.
    • This explains why the April-May and October-December periods are conducive for cyclones.
    • Then, the low level of air above the waters needs to have an ‘anticlockwise’ rotation (in the northern hemisphere; clockwise in the southern hemisphere).
    • During these periods, there is an ITCZ in the Bay of Bengal whose southern boundary experiences winds from west to east, while the northern boundary has winds flowing east to west.
    • Once formed, cyclones in this area usually move northwest. As it travels over the sea, the cyclone gathers more moist air from the warm sea which adds to its heft.

    Requirements for a Cyclone to form

    There are six main requirements for tropical cyclogenesis:

    • Sufficiently warm sea surface temperatures
    • Atmospheric instability
    • High humidity in the lower to middle levels of the troposphere
    • Enough Coriolis force to develop a low-pressure centre
    • A pre-existing low-level focus or disturbance
    • Low vertical wind shear

    How are the cyclones named?

    • In 2000, a group of nations called WMO/ESCAP (World Meteorological Organisation/United Nations Economic and Social Commission for Asia and the Pacific) decided to name cyclones.
    • It comprised Bangladesh, India, the Maldives, Myanmar, Oman, Pakistan, Sri Lanka and Thailand, decided to start naming cyclones in the region.
    • After each country sent in suggestions, the WMO/ESCAP Panel on Tropical Cyclones (PTC) finalised the list.
    • The WMO/ESCAP expanded to include five more countries in 2018 — Iran, Qatar, Saudi Arabia, United Arab Emirates and Yemen.

    Why is it important to name cyclones?

    • Adopting names for cyclones makes it easier for people to remember, as opposed to numbers and technical terms.
    • It’s easier and less confusing to say “Cyclone Titli” than remember the storm’s number or its longitude and latitude.
    • Apart from the general public, it also helps the scientific community, the media, disaster managers etc.
    • With a name, it is also easy to identify individual cyclones, create awareness of its development, rapidly disseminate warnings to increase community preparedness etc.

     

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  • Is La Nina a fair weather friend of our country?

    This year the La Nina is being blamed for worsening the longest spell of heatwaves from March to April in north, west and Central India.

    In most years, meteorologists considered the La Nina to be a friend of India.

    What is El Nino and La Nina?

    • While El Niño (Spanish for ‘little boy’), the more common expression, is the abnormal surface warming observed along the eastern and central regions of the Pacific Ocean (the region between Peru and Papua New Guinea).
    • The La Niña (Spanish for ‘little girl’) is an abnormal cooling of these surface waters.
    • Together, the El Niño (Warm Phase) and La Niña (Cool Phase) phenomena are termed as El Niño Southern Oscillation (ENSO).
    • These are large-scale ocean phenomena which influence the global weather — winds, temperature and rainfall. They have the ability to trigger extreme weather events like droughts, floods, hot and cold conditions, globally.
    • Each cycle can last anywhere between 9 to 12 months, at times extendable to 18 months — and re-occur after every three to five years.
    • Meteorologists record the sea surface temperatures for four different regions, known as Niño regions, along this equatorial belt.
    • Depending on the temperatures, they forecast either as an El Niño, an ENSO neutral phase, or a La Niña.

    Impact on India

    • El Nino during winter causes warm conditions over the Indian subcontinent and during summer, it leads to dry conditions and deficient monsoon.
    • Whereas La Nina results in better than normal monsoon in India.
    • It has been established that Indian summer monsoon is a fully coupled land-atmosphere-ocean system and that it is linked to ocean temperature variability.
    • In an agricultural country like India, the extreme departure from normal seasonal rainfall seriously affects the agricultural output and thus the economy of the country.

    Try this PYQ:

    La Nina is suspected to have caused recent floods in Australia. How is La Nina different from El Nino?

    1. La Nina is characterized by unusually cold ocean temperature in equatorial Indian Ocean whereas El Nino is characterized by unusually warm ocean temperature in the equatorial Pacific Ocean.
    2. El Nino has an adverse effect on south-west monsoon of India, but La Nina has no effect on monsoon climate.

    Which of the statements given above is/are correct?

    (a) Only 1

    (b) Only 2

    (c) Both 1 and 2

    (d) Neither 1 nor 2

     

    [wpdiscuz-feedback id=”54futt6vd2″ question=”Please leave a feedback on this” opened=”1″]Post your answers here.[/wpdiscuz-feedback]

     

     

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  • Rakhigarhi skeletons’ DNA samples sent for analysis

    DNA samples collected from two human skeletons unearthed at a necropolis of a Harappan-era city site in Rakhigarhi, Haryana have been sent for scientific examination.

    Why in news?

    • DNA analysis might tell about the ancestry and food habits of people who lived in the Rakhigarhi region thousands of years ago.

    About Rakhi Garhi

    • The ancient site of Rakhi-Khas and Rakhi-Shahpur are collectively known as Rakhigarhi, located on the right bank of the now dried up Palaeo-channel of Drishadvati.
    • It is located in the Ghaggar-Hakra river plain in the Hissar district of Haryana.
    • Seven mounds are located here.
    • The site has yielded various stages of Harappan culture and is by far one of the largest Harappan sites in India.
    • The site shows the sequential development of the Indus culture in the now dried up Saraswati basin.

    Major findings at Rakhi Garhi

    • Findings confirm both early and mature Harappan phases and include 4,600-year-old human skeletons, fortification and bricks.
    • Digging so far reveals a well-planned city with 1.92 m wide roads, a bit wider than in Kalibangan.
    • The pottery is similar to Kalibangan and Banawali.
    • Pits surrounded by walls have been found, which are thought to be for sacrificial or some religious ceremonies.
    • There are brick-lined drains to handle sewage from the houses.
    • Terracotta statues, weights, bronze artefacts, comb, copper fish hooks, needles and terracotta seals have also been found.
    • A bronze vessel has been found which is decorated with gold and silver.
    • A granary belonging to the mature Harappan phase has been found here.
    • Fire altars structures were revealed in Rakhigarhi.

     

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  • What are Heatwaves?

    India is gripped in the wrath of a long spell of heatwaves that too in the early month of April.

    What is a Heatwave and when is it declared?

    • Heatwaves occur over India between March and June.
    • IMD declares a heatwave event when the maximum (day) temperature for a location in the plains crosses 40 degrees Celsius.
    • Over the hills, the threshold temperature is 30 degrees Celsius.

    How are they formed?

    • Heatwaves form when high pressure aloft (3,000–7,600 metres) strengthens and remains over a region for several days up to several weeks.
    • This is common in summer (in both Northern and Southern Hemispheres) as the jet stream ‘follows the sun’.
    • On the equator side of the jet stream, in the upper layers of the atmosphere, is the high pressure area.
    • Summertime weather patterns are generally slower to change than in winter. As a result, this upper level high pressure also moves slowly.
    • Under high pressure, the air subsides (sinks) toward the surface, warming and drying adiabatically, inhibiting convection and preventing the formation of clouds.
    • Reduction of clouds increases shortwave radiation reaching the surface.
    • A low pressure at the surface leads to surface wind from lower latitudes that brings warm air, enhancing the warming.
    • Alternatively, the surface winds could blow from the hot continental interior towards the coastal zone, leading to heat waves.

    Following criteria are used to declare heatwave:

    To declare heatwave, the below criteria should be met at least in 2 stations in a Meteorological subdivision for at least two consecutive days and it will be declared on the second day.

    1. a) Based on Departure from Normal
    • Heat Wave: Departure from normal is 4.5°C to 6.4°C
    • Severe Heat Wave: Departure from normal is >6.4°C
    1. b) Based on Actual Maximum Temperature (for plains only)
    • Heat Wave: When actual maximum temperature ≥ 45°C
    • Severe Heat Wave: When actual maximum temperature ≥47°C

    How long can a heatwave spell last?

    • A heatwave spell generally lasts for a minimum of four days. On some occasions, it can extend up to seven or ten days.
    • The longest recorded heatwave spell, in recent years, was between 18 and 31 May 2015.

    Impact of Heat Waves:

    Heat Strokes: The very high temperatures or humid conditions pose an elevated risk of heat stroke or heat exhaustion.

    Older people and people with chronic illness such as heart disease, respiratory disease, and diabetes are more susceptible to heatstroke, as the body’s ability to regulate heat deteriorates with age.

    Increased Healthcare Costs: Effects from extreme heat are also associated with increased hospitalisations and emergency room visits, increased deaths from cardio-respiratory and other diseases, mental health issues, adverse pregnancy and birth outcomes, etc.

    Lessens Workers’ Productivity: Extreme heat also lessens worker productivity, especially among the more than 1 billion workers who are exposed to high heat on a regular basis. These workers often report reduced work output due to heat stress.

    Risk of Wildfires: The heat domes act as fuel to wildfires, which destroys a lot of land area every year in countries like the US.

    Prevents Cloud Formation: The condition also prevents clouds from forming, allowing for more radiation from the sun to hit the ground.

    Effect on Vegetation: The trapping of heat can also damage crops, dry out vegetation and result in droughts.

    Increased Energy Demands: The sweltering heat wave also leads to rise in energy demand, especially electricity, leading to pushing up rates.

    Power Related Issues: Heat waves are often high mortality disasters.

    Avoiding heat-related disasters depends on the resilience of the electrical grid, which can fail if electricity demand due to air conditioning use exceeds supply.

    As a result, there is the double risk of infrastructure failure and health impacts.

    • Initiatives Taken:
      • Global:
        • Global forums dealing with climate change issues—such as the World Health Organization, World Economic Forum, First Global Forum on Heat and Health, and the Global Forum for Environment-OECD—also focus on heat waves by investing in research on health risks of extreme heat, climate and weather information, advice on surviving heat waves, partnerships and capacity building, and communications and outreach.
      • Indian:
        • The National Disaster Management Authority (NDMA) has issued guidelines on dealing with heatwaves.
          • However, India does not recognise heatwaves as a disasterunder its Disaster Management Act (2005).

    Way Forward

    • Adopting A More Sensitive Approach: The impact of such excessive heat needs to be understood from the point of view of common people — daily labourers; farmers; traders; fishermen etc.
      • Beyond numbers and graphs that capture the impact of the climate crisis, the human experience of living in oppressive heat needs to be understood by policymakers and measures should be taken accordingly.
    • Cooling Shelters: The government should come out with a policy to deal with the suffering and disability caused by heat extremes in different parts of the country.
      • Water kiosks, staggered outdoor work hours, cool roofs for buildings and homes are certain things that should be put in place immediately.
      • A number of emergency cooling shelters can be opened so that people without domestic air conditioning units can escape the heat.
        • Portable air-conditioning units, along with fans and even ice are also useful.
    • Passive Cooling to Reduce Urban Heat Islands: Passive cooling technology, a widely-used strategy to create naturally ventilated buildings, can be a vital alternative to address the urban heat island for residential and commercial buildings.
      • The IPCC report cites ancient Indian building designs that have used this technology, which could be adapted to modern facilities in the context of global warming.
    • Action Plans Similar to Ahmedabad: As per the IPCC Report, Ahmedabad has shown the way to combat heat extremes by heat-proofing buildings.
      • After the heat action plan was implemented in 2013 in Ahmedabad, heat-related mortality reduced by 30% to 40% over the years. Similar plans like that of Ahmedabad can be implemented in vulnerable regions.
    • Replacing Dark Roofs: A big reason that cities are so much hotter than rural areas is that they are covered by dark roofs, roads and parking lots that absorb and retain heat.
      • One of the long term solutions can be replacing the dark surfaces with lighter and more reflective materials; it will result in a comparatively cooler environment.

     

     

  • Understanding the Olga Tellis Judgment

    A 37-year-old Constitution Bench judgment of the Supreme Court which held that pavement dwellers are different from trespassers. This may become a game-changer in the Jahangirpuri case.

    What is the Olga Tellis judgment?

    • The judgment, Olga Tellis vs. Bombay Municipal Corporation, was given in 1985 by a five-judge Bench led by then Chief Justice of India Y.V. Chandrachud (F/O Justice D.Y Chandrachud).
    • It is agreed that pavement dwellers do occupy public spaces in an unauthorized manner.

    Key takeaways of the Judgment

    • Opportunity to depart: The court maintained they should be given a chance to be heard and a reasonable opportunity to depart before force is used to expel them.
    • No use of force: The Supreme Court reasoned that eviction using unreasonable force, without giving them a chance to explain is unconstitutional.
    • Right to life: Pavement dwellers, too, have a right to life and dignity. The right to life included the right to livelihood. They earn a meagre livelihood by living and working on the footpaths.
    • No misuse of powers of eviction: A welfare state and its authorities should not use its powers of eviction as a means to deprive pavement dwellers of their livelihood.

    What led to the judgment?

    • Sometime in 1981, the State of Maharashtra and the Bombay Municipal Corporation decided that pavement and slum dwellers in Bombay city should be evicted and “deported to their respective places of origin or places outside the city of Bombay.”
    • Some demolitions were carried out before the case was brought to the Bombay High Court by pavement dwellers, residents of slums across the city, NGOs and journalists.
    • While they conceded that they did not have “any fundamental right to put up huts on pavements or public roads”, the case came up before the Supreme Court on larger questions of law.

    What were the questions discussed before the Supreme Court?

    • One of the main questions was whether eviction of a pavement dweller would amount to depriving him/her of their livelihood guaranteed under Article 21 of the Constitution.
    • The Article mandates that “no person shall be deprived of his life or personal liberty EXCEPT according to procedure established by law.”
    • The Constitution Bench was also asked to determine if provisions in the Bombay Municipal Corporation Act, 1888, allowing the removal of encroachments without prior notice, were arbitrary and unreasonable.
    • The Supreme Court also decided to examine the question whether it was constitutionally impermissible to characterise pavement dwellers as trespassers.

    What was the State government’s defence?

    • The State government and the corporation countered that pavement dwellers should be estopped (estoppel is a judicial device whereby a court may prevent or “estop” a person from making assertions.
    • Estoppel may prevent someone from bringing a particular claim from contending that the shacks constructed by them on the pavements cannot be demolished because of their right to livelihood.
    • They cannot claim any fundamental right to encroach and put up huts on pavements or public roads over which the public has a ‘right of way.’

    How did the Supreme Court rule?

    • The Bench threw out the government’s argument of estoppel, saying “there can be no estoppel against the Constitution.”
    • The court held that the right to life of pavement dwellers were at stake here.
    • The right to livelihood was an “integral component” of the right to life. They can come to court to assert their right.
    • If the right to livelihood is not treated as a part of the constitutional right to live, the easiest way of depriving a person of his right to life would be to deprive him of his means of livelihood to the point of abrogation.
    • Any aggrieved person can challenge the deprivation as offending the right to life.
    • Removal of encroachments without prior notice was arbitrary; the court held that such powers are designed to operate as an “exception” and not the “general rule.”
    • The procedure of eviction should lean in favour of procedural safeguards which follow the natural principles of justice like giving the other side an opportunity to be heard.
    • Finally, the court emphatically objected to authorities treating pavement dwellers as mere trespassers.
    • The encroachment committed are involuntary acts in the sense that those acts are compelled by inevitable circumstances and are not guided by choice.

    Way ahead

    • It is not a free choice to exercise as to whether to commit an encroachment and if so, where.
    • Trespassers should not be evicted by using force greater than what is reasonable and appropriate.
    • He/she should be asked and given a reasonable opportunity to depart before force is used to expel him.

     

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  • Palli in Jammu becomes India’s First Carbon-Neutral Panchayat

    Palli village in Samba district of Jammu and Kashmir has become the first panchayat in the country to become carbon-neutral, fully powered by solar energy.

    Various feats achieved

    • All its records have been digitised and the benefits of all the Central schemes are available in this village around 17 km from Jammu.
    • Palli village, with its enthusiastic and dedicated elected representatives full of dreams, has shown how to implement the Glasgow pledge (Panchamrita) made by PM Modi.
    • It has set an example of the slogan Sabka Prayas (everyone’s efforts).

    What is Carbon Neutrality?

    • Carbon neutrality refers to achieving net-zero carbon dioxide emissions or buying enough carbon credits to make up the difference.
    • This can be done by balancing emissions of carbon dioxide with its removal (often through carbon offsetting) or by eliminating emissions from society.
    •  It is used in the context of carbon dioxide-releasing processes associated with transportation, energy production, agriculture, and industry.
    •  The term carbon neutral also includes other greenhouse gases, usually carbon-based, measured in terms of their carbon dioxide equivalence.
    • The term “net-zero” is increasingly used to describe a broader and more comprehensive commitment to decarbonization and climate action.
    • Net-zero emissions are achieved when your organization’s emissions of all greenhouse gases (CO2-e) are balanced by greenhouse gas removals

    Methodology

    Carbon-neutral status can be achieved in two ways:

    • Carbon offsetting: Balancing carbon dioxide emissions with carbon offsets — the process of reducing or avoiding greenhouse gas emissions or removing carbon dioxide from the atmosphere to make up for emissions elsewhere. If the total greenhouse gasses emitted is equal to the total amount avoided or removed, then the two effects cancel each other out and the net emissions are ‘neutral’.
    • Reducing emissions: Reducing carbon emissions can be done by moving towards energy sources and industrial processes that produce fewer greenhouse gases, thereby transitioning to a low-carbon economy. Shifting towards the use of renewable energy such as hydro, wind, geothermal, and solar power, as well as nuclear power, reduces greenhouse gas emissions.

    Agreement and Target

    • The Paris Agreement is a legally binding international treaty on climate change. It was adopted by 196 Parties at COP 21 in Paris, on 12 December 2015 and entered into force on 4 November 2016.
    • Its goal is to limit global warming to well below 2, preferably to 1.5 degrees Celsius, compared to pre-industrial levels.
    • Article 4.1 of the Paris Agreement asks countries to reach global peaking of greenhouse gas emissions as soon as possible.
    • It also requires countries to undertake rapid reductions in carbon emissions to achieve a balance between anthropogenic emissions by sources and removals by sinks of greenhouse gases.

    Back2Basics:  Panchamrita

    • ‘Panchamrita’ is a traditional method of mixing five natural foods — milk, ghee, curd, honey, and jaggery.
    • These are used in Hindu and Jain worship rituals. It is also used as a technique in Ayurveda.
    • The PM euphemistically termed his scheme as ‘Panchamrita’ meaning the ‘five ambrosia’.
    • Under Panchamrita’, India will:
    1. Get its non-fossil energy capacity to 500 gigawatts by 2030
    2. Meet 50 percent of its energy requirements till 2030 with renewable energy
    3. Reduce its projected carbon emission by one billion tonnes by 2030
    4. Reduce the carbon intensity of its economy by 45 percent by 2030
    5. Achieve net-zero by 2070

     

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