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GS Paper: GS2

  • Power asymmetry between China and Russia

    Why in the News?

    Due to sanctions put by the USA, affected Russia’s usual supply and pressured its domestic production eventually led to  China’s share of Russia’s imports surged from 32% in 2021 to 89% in 2023.

    What is the issue over the dual hegemony of the dollar and the SWIFT messaging system? 

    • Effect of Ukraine War: Following Russia’s invasion of Ukraine in 2022, the U.S. and its allies froze $300 billion of Russia’s foreign exchange reserves and imposed a SWIFT ban on Russian banks involved in dual-use goods. This showed the weaponization of the U.S.-led financial system.
    • China’s Fears: China, with about $770 billion of its reserves held in U.S. treasuries, fears similar financial penalties if tensions with the West escalate.
    • Dual Hegemony: Both Russia and China share concerns over the dominance of the U.S. dollar in global transactions and the influence of the SWIFT (Society for Worldwide Interbank Financial Telecommunication) system, which is integral to cross-border payments.
      • Both countries have tried to de-dollarize their economies and promote alternative payment systems like China’s Cross-Border Interbank Payment System (CIPS).
      • However, CIPS is still far from challenging the dominance of SWIFT, and their efforts to create alternative financial frameworks have not seen significant global success.

    About SWIFT system:

    • Founded in Belgium (1973), SWIFT is overseen by the G-10 central banks.
    • The SWIFT system is a global financial messaging system used by banks and financial institutions to send and receive information about financial transactions securely.
    • Russia and China have both developed alternative systems to SWIFT.

    What is the issue over the dual hegemony of the dollar and the SWIFT messaging system? 

    • Trade Dependence: Russia has a minor trade surplus with China, but the trade relationship is imbalanced: China represents 30.4% of Russia’s exports and 36% of its imports, while Russia is only 3% of China’s exports.
    • Energy Dominance: Over 70% of Russia’s exports to China are fossil fuels, making it vulnerable to changes in China’s energy needs.
    • High-priority goods: In 2023, 89% of Russia’s high-priority goods were imported from China, compared to 32% in 2021.

    What does it mean for India?

    • Strategic Implications: The deepening partnership between China and Russia has raised concerns in India. Russia, traditionally a close partner to India, now shares a strong relationship with China, India’s primary geopolitical adversary.
    • Trade Disparity: India’s trade with Russia remains relatively small compared to the rapidly growing China-Russia trade. This economic disparity limits Moscow’s autonomy in maintaining a balanced relationship between India and China.
    • Russia’s Diminishing Autonomy: Given the economic asymmetry and Russia’s increasing reliance on China, especially for critical goods and financial support, it has less leverage to act independently in its relations with India.  

    Way forward: 

    • Diversify Strategic Partnerships: India should strengthen its ties with other global powers, including the U.S., the EU, and emerging economies, to reduce over-reliance on Russia for defense and energy.
    • Expand Domestic Capabilities: India must invest in boosting its indigenous defence and energy sectors to minimize dependence on foreign partners. Strengthening self-reliance will help India maintain strategic autonomy amid shifting global alliances.

    Mains PYQ:

    Q The USA is facing an existential threat in the form of China, that is much more challenging than the erstwhile Soviet Union.” Explain. (UPSC IAS/2021)

  • Section 2 of the Indian Flag Code (2002)

    Why in the News?

    The Bihar Police arrested some miscreants for waving India’s national flag with distorted Ashok Chakra/Dhammachakra.

    Significance of Ashok Chakra:

    • Symbolism: Represents righteousness, justice, and the path of virtue, urging citizens to uphold moral values.
    • Legacy of Dhamma: Reflects Emperor Ashoka’s principles of peace, non-violence, and welfare, after his embrace of Buddhism.
    • Compassion for all: Derived from the Dhammachakra, it represents the Buddhist philosophy of ethical living and compassion.
    • Unity and Progress: The circular design symbolizes unity and continuous development, emphasizing national harmony and forward movement.

    About Flag Code of India, 2002:

    Details
    Objective To regulate the display, usage, and respect for the Indian National Flag by citizens, organizations, and the government.
    Basisi Article 51 ‘A’ contained in Part IV A i.e. Fundamental Duties asks: To abide by the constitution and respect its ideals and institutions, the National Flag and the National Anthem in clause (a).
    Structure The Flag Code is divided into three parts:

    1. Part I: General provisions related to the display of the national flag by all.
    2. Part II: Display of the flag by government bodies.
    3. Part III: Display of the flag by public, private organizations, and educational institutions.
    Material of Flag
    • The national flag should be made of hand-spun and hand-woven wool, cotton, silk, or khadi bunting.
    • However, polyester and machine-made flags were allowed under amendments in 2021.
    Prohibitions (Section 2.2)
    • Not be used as a drapery, costume, or uniform.
    • Not be used for commercial purposes or as a receptacle.
    Display Guidelines (Section 2.1)
    • Must be hoisted respectfully, always ensuring that the saffron band is on top when displayed vertically.
    • Should never touch the ground or be used as decoration.
    Amendments In 2022, rules were amended to allow the national flag to be flown both during the day and night, as long as it is hoisted in a dignified manner.
    Penalties Disrespect or misuse of the national flag is punishable under the Prevention of Insults to National Honour Act, 1971.

     

    PYQ:

    [2008] What is the number of spokes in the Dharmachakra in the National Flag of India?

    (a) 16

    (b) 18

    (c) 22

    (d) 24

  • Women-led development in the Rajya Sabha

    Why in the News?

    During the historic passage of the Nari Shakti Vandan Adhiniyam (Women’s Reservation Bill), 2023, the Vice  President reconstituted the panel to include only women, marking a significant milestone for gender representation in the Upper House.

    What specific measures have been recently taken to promote women’s participation in Rajya Sabha? 

    • Reconstitution of the Vice-Chairpersons Panel: The Chairman of the Rajya Sabha reconstituted the panel to include only women during the historic passage of the Nari Shakti Vandan Adhiniyam (Women’s Reservation Bill), 2023.
    • Increased Representation in the Vice-Chairpersons Panel: The practice of nominating four women members (50% of the panel) was introduced, including significant figures like S. Phangnon Konyak and P.T. Usha.
    • Training of Women Officers for House Duties: Women officers of the Secretariat were trained to perform House duties, breaking the stereotype that these tasks were a male domain. Women now largely manage the Table of the House.
    • Introduction of ‘Vahan’ Application: A system to facilitate safe commutation for women officers working late hours was introduced, ensuring their safety during odd hours.
    • Appointment of Women in Key Roles: Women officers were appointed to key positions in human resources, legislative sections, and parliamentary committees.

    What are the key outcomes from Nari Shakti Adhiniyam (2023)?   

    • 33% Reservation for Women in Legislatures: The Bill reserves 33% of seats for women in the Lok Sabha and State Legislative Assemblies, aiming to increase women’s participation in governance.
    • Long-term Impact on Women’s Representation: The Bill ensures that women are better represented in the political process, potentially reshaping the political landscape by empowering women as decision-makers.
    • Women as Key Participants in Development: By providing more opportunities for women in legislatures, it aligns with the goal of women-led development, where women set the agenda for governance and development policies.

    Empowering women not just as beneficiaries but as leaders of development:

    •  Leadership Development Programs: Implement targeted initiatives to cultivate leadership skills among women, enabling them to take active roles in decision-making processes within their communities and organizations.
    • Access to Resources and Opportunities: Ensure women have equitable access to education, financial resources, and training programs, empowering them to drive sustainable development and entrepreneurship.
    • Advocacy and Representation: Promote women’s representation in governance and policy-making, ensuring their voices and perspectives shape development agendas and priorities at all levels.

    Challenges India Faces in Implementing Women-led Development Initiatives:

    • Economic Disparities: Women face significant challenges in accessing financial resources, property rights, and entrepreneurial opportunities, limiting their ability to lead development initiatives.  As per the 2015-16 Agriculture Census, only 13.9% of landowners were women.
    • Political Representation: Despite progress like the Women’s Reservation Bill, women’s political representation at the local and national levels remains below the desired level. Currently, only 82 women serve in India’s Parliament, constituting about 15.2% of the Lok Sabha and 13% of the Rajya Sabha.
    • Safety and Mobility: Ensuring women’s safety and mobility, particularly in public spaces, remains a major challenge. For instance, according to the NCRB report, India recorded over 405,861 cases of crimes against women in 2021, including 32,033 cases of rape.

    Way forward: 

    • Strengthening Legal Frameworks and Enforcement: Enhancing the implementation of existing laws, along with stricter penalties for gender-based violence, will ensure a safer environment for women.
    • Promoting Economic Empowerment and Education: Expanding access to education, financial resources, and skill-building opportunities for women can bridge economic disparities, empowering them to take leadership roles in governance, business, and community development.

    Mains PYQ:

    Q Discuss the desirability of greater representation to women in the higher judiciary to ensure diversity, equity and inclusiveness. (UPSC IAS/2021)

  • Indian military export to Israel — aiding genocide

    Why in the News?

    A Supreme Court Bench, led by the Chief Justice of India, recently dismissed a petition by former civil servants and activists seeking suspension of military export licenses to Israel during the ongoing conflict.

    India’s Ongoing Exports to Israel

    • India exports military equipment and arms to Israel, which includes both public sector and private sector companies supplying defense-related materials.
    • During the ongoing conflict in Gaza, the Indian government has continued to issue licenses for the export of arms and military equipment to Israel, despite international concerns about potential violations of humanitarian law.
    • India has developed a strong defense relationship with Israel, marked by regular arms deals, military cooperation, and technology transfers.

    How does India’s arms exports to Israel violate the law?

    • Complicity in Genocide: By exporting arms to Israel, India risks being complicit in violations of international humanitarian law, including potential war crimes and genocide committed by Israel, as indicated by various international bodies.
      • As a signatory to the Genocide Convention, India is obligated (Article 1) to prevent genocide and avoid providing aid or assistance to any state engaged in such acts.
    • Indian Constitution: Article 21 of the Indian Constitution guarantees the right to life and personal liberty to citizens as well as to foreigners.
    • International Court of Justice (ICJ) Precedents: ICJ rulings have repeatedly warned states against exporting arms to conflict zones where such weapons might be used to violate international law.

    Genocide Convention (1948)

    • Definition and Purpose: The Genocide Convention, adopted by the United Nations in 1948, aims to prevent and punish acts of genocide, which include killings and other acts intended to destroy, in whole or part, a national, ethnical, racial, or religious group.
    • Obligations of Signatory States:
      • States party to the Convention are obligated to prevent and punish acts of genocide, both within their territories and in international contexts.
      • Article III of the Convention makes states’ complicity in genocide a punishable offense, meaning states must refrain from providing material or logistical support to nations engaged in genocide.
    • India’s Commitment: India ratified the Genocide Convention, thereby binding itself to these obligations. Under this Convention, India is required to ensure that it is not complicit in such crimes through its actions, including military exports.

    International Pressure and ICJ Opinions

    • ICJ Provisional Measures (2023): In January 2023, the ICJ ordered provisional measures against Israel for violations of the Genocide Convention in the Gaza Strip, including an immediate halt to killings and destruction.
    • Global Response: Many countries like Canada, Spain, and the UK have suspended arms exports to Israel, in compliance with their obligations under international law to prevent genocide and war crimes.
    • India’s Non-Compliance: Despite these international legal obligations and warnings, India continues to provide military aid to Israel, raising questions about its commitment to international humanitarian law.

    Conclusion: India’s continued arms exports to Israel, despite international legal concerns, highlight the delicate balance between strategic defence relations and adherence to international humanitarian obligations under the Genocide and Geneva Conventions.

    Mains PYQ:

    Q India’s relations with Israel have, of late, acquired a depth and diversity, which cannot be rolled back.” Discuss. (UPSC IAS/2018)

  • How do Emergency Provisions impact Centre-State relations?

    Why in the News?

    The recent surge in violence in Manipur has reignited discussions on Centre-State relations and the use of emergency provisions by the Centre.

    What is the federal structure of governance in India?

    • Federal System with Centre-State Powers: India follows a federal structure of governance where powers are divided between the Centre and the States. The Seventh Schedule of the Constitution demarcates subjects under the Union List, State List, and Concurrent List, defining respective jurisdictions.
    • State’s Domain on Law and Order: Maintenance of law and order is primarily the responsibility of State governments, aligning with the decentralized governance model of federalism. States are sovereign in areas assigned to them by the Constitution.
    • Cooperative Federalism: India’s federal structure also emphasises cooperative federalism, where both the Centre and States work together on certain subjects, particularly in the Concurrent List.

    How do Articles 355 and 356 affect Federalism?

    • Article 355 (Duty of the Centre): Article 355 places a constitutional duty on the Union to protect States from external aggression and internal disturbance and to ensure governance as per the Constitution.
    • Article 356 (President’s Rule): Article 356 allows the Centre to impose President’s Rule in a State if there is a failure of the constitutional machinery. This provision can undermine federalism if misused, as it enables the Centre to dismiss a State government and take over its administration.
    • Impact on Federalism:
      • Cooperative Federalism: Article 355 allows the central government for intervention in state matters, which can be seen as a deviation from cooperative federalism.
      • Central Overreach: Historically, Article 356 was often misused to dismiss State governments, leading to concerns over central overreach and the undermining of State autonomy.
    • Judicial Safeguards: The S.R. Bommai case (1994) limited its misuse by subjecting it to judicial review, ensuring it is invoked only in cases of a breakdown of constitutional governance, not merely law and order issues.

    Way forward: 

    • Sarkaria Commission (1987): Suggested that Article 355 grants the Union both the duty and the authority to act to ensure constitutional governance in the States.
    • National Commission to Review the Working of the Constitution (2002): Reinforced the need for careful use of emergency provisions, emphasizing the role of Article 355 in providing support and corrective measures.
    • Punchhi Commission (2010): Advocated for the use of Article 356 only in the most critical circumstances and stressed the importance of using Article 355 to address issues before considering the President’s Rule.

    Mains PYQ:

    Q Under what circumstances can the Financial Emergency be proclaimed by the President of India? What consequences follow when such a declaration remains in force? (UPSC IAS/2018)

  • NPS Vatsalya Scheme

    Why in the News?

    The Finance Ministry has launched the “NPS Vatsalya scheme” as per the Union Budget 2024-25 announcement.

    About NPS Vatsalya Scheme:

    Details
    Objective To secure children’s financial future by allowing parents to invest in a pension account early on.
    Nodal Agency Managed by Pension Fund Regulatory and Development Authority (PFRDA)
    Eligibility
    • Indian citizens, NRIs (Non-Resident Indians), and OCIs (Overseas Citizens of India) can open accounts for minors.
    • Parents or guardians.
    Contributions ₹500 per month or ₹6,000 annually
    Benefits offered
    • Contributions benefit from compounding, ensuring long-term wealth growth for the child.
    • At 18, Vatsalya account is converted into a regular NPS account for seamless retirement planning.
    • Promotes long-term financial security and retirement planning for future generations.

     

    PYQ:

    [2017] Who among the following can join the National Pension System (NPS)?

    (a) Resident Indian citizens only

    (b) Persons of age from 21 to 55 only

    (c) All State Government employees joining the services after the date of notification by the respective State Governments

    (d) All Central Government employees including those of Armed Forces joining the services on or after 1st April, 2004

  • Turkey bids to join BRICS

     

    Why in the News?

    • Turkey has officially applied to join the BRICS group after Russia supported its entry. Russia is set to hold the BRICS Summit in Kazan from October 22 to 24, 2024.
      • Malaysia and Thailand had also expressed their interest in joining the expanded BRICS group of emerging economies.

    Turkey’s Geopolitical Position:

    • Joining BRICS could signify Turkey’s foreign policy shift, possibly distancing the country further from its long-standing ambition to join the European Union (EU).
    • Turkey has faced Western criticism for its purchase of Russian S-400 defence systems, its ties with Russia, and its stance on sanctions.
      • Ankara is positioning itself as a middle power that can balance relationships between the West and the Global South.

    What is BRICS?

    Details
    Members BRICS (Brazil, Russia, India, China, South Africa)
    Origin Coined by economist Jim O’Neill in 2001 as BRIC, formalised as BRICS in 2010
    Formation First meeting of BRIC Foreign Ministers in 2006. South Africa was invited to join BRIC in December 2010
    Global share of BRICS
    • Population: 41%
    • GDP: 24%
    • Global trade: 16%
    Chairmanship Rotated annually among members, following sequence B-R-I-C-S
    India’s Hosting Hosted the 2021 BRICS Summit
    Key Initiatives
    • New Development Bank (NDB) established in 2014: Approved 70 infrastructure and sustainable development projects
    • Contingent Reserve Arrangement signed in 2014: Aims to forestall short-term balance of payments pressures and strengthen financial stability
    • Customs agreements signed for trade facilitation
    • BRICS Remote Sensing Satellite Constellation initiated in 2021: Involves six existing satellites developed by members
    Expansion
    • Egypt, Ethiopia, Iran, Saudi Arabia, and the United Arab Emirates joined as new full members on January 1, 2024.
    • Argentina refused to join the BRICS group in 2024
    • Malaysia, Thailand and Turkey have bid for its membership.

     

    PYQ:

    [2014] With reference to a grouping of countries known as BRICS, consider the following statements:

    1. The First Summit of BRICS was held in Rio de Janeiro in 2009.

    2. South Africa was the last to join the BRICS grouping.

    Which of the statements given above is/are correct?

    (a) 1 only

    (b) 2 only

    (c) Both 1 and 2

    (d) Neither 1 nor 2

  • Realizing the Rural-Urban continuum

    Why in the News?

    India is currently experiencing an urban transformation due to significant demographic shifts and increasing infrastructure needs. To effectively address these challenges, it must adopt a holistic urban-rural continuum approach.

    Issue of Over-Centralisation of Finances:

    • Over Financial Centralisation: Recent times have seen an over-centralization of finances, which has negatively impacted financial decentralization and autonomy for local bodies.
      • The 13th Finance Commission highlighted that local bodies are being “asphyxiated” due to this centralization.
    • Tied vs. Untied Grants: Local bodies face financial constraints because grants are often tied to centrally sponsored schemes. 
      • The rise in property tax needs to match the rise in State Goods and Services Tax to avoid losing tied grants, which have increased relative to untied grants over the years.
    • Programmatic Limitations: Flagship programmes like the Swachh Bharat Mission and Atal Mission for Rejuvenation and Urban Transformation (AMRUT) fail to address the urban-rural continuum effectively.
    • Urban-Rural Continuum Challenge: Infrastructure funding for areas like sewage treatment plants often excludes contiguous urban villages and census towns, which are integral parts of the broader urban ecosystem.

    Initiatives taken by the Government:

    • AMRUT: It aims to improve urban infrastructure for liquid waste management, but its scope initially covered only statutory towns, now extended to all statutory towns.
    • Swachh Bharat Mission 1.0: It focuses on making urban India garbage-free and managing solid and liquid waste.
    • Swachh Bharat Mission 2.0: The mission aims to extend beyond open defecation-free status to sustainable waste management in urban areas and solid and liquid waste management in rural areas.

    Governance models needs to be revisited:

    • 73rd and 74th Constitutional Amendments: District Planning Committees, including Zila Panchayats and urban local bodies, need to be empowered to address the urban-rural continuum effectively.
    • Strengthening District Planning Committees: Currently, District Planning Committees are often subordinate to the district bureaucracy. Strengthening these committees can better integrate urban and rural planning and improve governance.
    • Integrated Planning: The current approach to separate urban and rural local bodies needs updating. Given India’s rapid urbanisation, there is a need for integrated and joint planning to address the blurring lines between urban and rural areas effectively.
    • Collaborative Infrastructure Planning: Solid waste management and other infrastructure projects could benefit from collaborative planning at the district or regional levels, rather than being implemented in a compartmentalised manner.

    Way forward: 

    • Enhance Financial Decentralisation and Flexibility: Reform financial mechanisms to reduce centralisation, provide greater autonomy to local bodies, and ensure grants are more flexible, allowing for better alignment of local needs with urban-rural continuum challenges.
    • Strengthen Integrated Planning Frameworks: Revise governance models to empower District Planning Committees for more cohesive urban-rural planning, and promote collaborative infrastructure development across district and regional levels to address the interconnectedness of urban and rural areas.

    Mains PYQ:

    Q What are ‘Smart Cities’? examine their relevance for urban development in India. Will it increase rural-urban differences? Give arguments for ‘Smart Villages’ in the light of PURA and RURBAN Mission. (UPSC IAS/2016)

  • [16th September 2024] The Hindu Op-ed: Democratic engagement with a digital plug-in

    [16th September 2024] The Hindu Op-ed: Democratic engagement with a digital plug-in

    PYQ Relevance:

    Q Impact of digital technology as a reliable source of input for rational decision making is a debatable issue. Critically evaluate with suitable example. (UPSC CSE 2021)

    Q “The Indian party system is passing through a phase of transition which looks to be full of contradictions and paradoxes.” Discuss. (UPSC CSE 2016)

    Mentor’s Comment: Today’s Editorial highlights how digital tools can both empower and distort democratic engagement. A significant concern raised is the disparity in resources among political parties, which can lead to an uneven playing field in digital campaigning. As the technology evolves, so must our understanding and regulations surrounding democracy. The editorial calls for regulatory measures to ensure fair spending limits and content oversight, emphasizing that wealthier parties should not dominate the digital landscape.

    _

    Let’s learn!

    Why in the News?

    On the eve of International Day of Democracy (September 15), it is crucial to push for reforms that expand the definition of rule of law to encompass the digital realm.

    • Studies conducted by Lokniti-Centre for the Study of Developing Societies (CSDS), reveal the growing significance of digital political advertisements and their implications for public engagement in elections.
    • During the ‘Leave.EU’ campaign of the Brexit experience highlights how technology has reshaped democratic processes, transforming digital platforms from tools of empowerment to potential distorters of public discourse.
    • Similar things are observed in India, where both national and regional parties increasingly rely on digital campaigns.

    The Economics of Digital Campaigning

    • Digital Spending Overview: Political parties spent significant portions of their total “party propaganda” budgets on digital ads in the 2023 Karnataka Assembly election.
      • For example., a single party became the first in India to spend over ₹116 crore on Google ads within five months from January 2024.
    • Shift towards Digital Platform: Conventional publicity tools like flags, billboards, and public meetings made up only a small fraction of parties’ total propaganda spending in the 2023 Karnataka election.
      • This indicates a strategic shift toward digital platforms in electoral strategies.
    • Micro-targeting Capabilities: Political parties are utilizing micro-targeting to reach specific audiences down to the panchayat level based on location.
      • One party was found to micro-target over 1,700 pin codes in a single advertisement, demonstrating digital platforms’ capacity to shape electoral narratives with precision.

    Rise of Third-Party Campaigners

    • While major political parties have significant financial power, a less visible force, known as third-party campaigners, operates behind the scenes.
    • Although spending on Google Ads is publicly available, these third-party campaigners work quietly and often go unnoticed, influencing elections without much oversight.
    • A study by Lokniti-CSDS found that 31 third-party campaigners on Meta spent over ₹2,260 lakh in just 90 days leading up to June 29, 2024.

    What is the present Issue?

    • On Google, political ads generally avoid offensive content, but the spending by third-party groups is limited.
    • On Meta, many third-party campaigners are top spenders and often share inflammatory content.
    • This inconsistency highlights the need for unified rules across all platforms to manage harmful content and hold tech companies accountable.

    Need for Reforms:

    • Need for Spending Regulation: There is a pressing need for rules to limit how much parties can spend and to ensure fair distribution of funds across different campaign types.
    • Need a Content Oversight: There should be strict rules for reporting how much third-party campaigners spend, similar to regulations in countries like the UK and Canada.

    https://www.thehindu.com/opinion/lead/democratic-engagement-with-a-digital-plug-in/article68645926.ece

  • [13th September 2024] The Hindu Op-ed: Putting the brakes on ‘bulldozer justice’

    [13th September 2024] The Hindu Op-ed: Putting the brakes on ‘bulldozer justice’

    PYQ Relevance:

    Q ‘Constitutional Morality’ is rooted in the Constitution itself and is founded on its essential facets. Explain the doctrine of ‘Constitutional Morality’ with the help of relevant judicial decisions.(UPSC IAS/2021)

    Q Do you think that Constitution of India does not accept principle of strict separation of powers rather it is based on the principle of ‘checks and balance’? Explain. (UPSC IAS/2019)

    Mentor’s Comment: Presently, in India the issue of punitive demolitions raises significant concerns regarding due process, human rights violations, and the arbitrary exercise of state power, as these actions often target vulnerable communities without legal justification or adherence to established judicial guidelines. In today’s  editorial we will observe why the Supreme Court is considering to formulate pan-India guidelines aims to address these systemic issues by ensuring that demolitions occur only in exceptional circumstances, with proper legal procedures and protections for affected individuals.

    _

    Let’s learn!

    Why in the News?

    SC has called for suggestions to establish pan-India guidelines addressing extra-legal demolitions, due to the concerns over the arbitrary demolition of properties. It undermines the ‘right to housing’ of an individual and violates the Constitutional principles.

    What are the arguments against the use of punitive demolitions?

    • Violation of Due Process: Demolitions are often carried out without following proper legal procedures and justification, undermining the rule of law. For example, Delhi’s Jahangirpuri case, incidents in Nuh (Haryana), and Khargone (Madhya Pradesh).
      • A person’s home cannot be demolished solely based on accusations against them or their family members, as this violates Fundamental Rights and due process.
    • Collective Punishment: Punitive demolitions often affect the individuals for actions they did not commit which is illegal under both national and international law.
      • This exacerbates social inequalities, leading to further marginalization of already vulnerable populations.
    • Human Rights Violations: Reports indicate that demolitions are often accompanied by police violence, which constitutes a violation of human rights and can lead to physical and psychological harm for affected individuals.
    • Political Manipulation: The use of demolitions as a form of political retribution or control undermines democratic principles and can be seen as a tactic to instill fear among communities, particularly in politically sensitive contexts.

    What needs to be the Due Process in Legitimate Demolitions?

    • UN Guidelines: The United Nations Basic Principles and Guidelines on Development-based Evictions and Displacement (2019) provide humanitarian directives, yet court rulings have been inconsistent and piecemeal which needs a comprehensive approach.
    • Exceptional Circumstances: Demolitions should only occur in exceptional cases and must adhere strictly to established legal processes.
    • Need for Proposed Phased Procedures:
      • Pre-Demolition Phase: Provide a reasoned notice with details on land records and resettlement plans, allowing adequate time for responses.
      • During Demolition Phase: Requires the presence of neutral government officials during demolitions.
      • Rehabilitation Phase: Need to establish a swift mechanism for affected persons to challenge demolition decisions and seek remedies such as compensation and restitution.

    Way Forward – Need to affix Personal Liability:

    The widespread demolitions in India highlight a consistent lack of due process and disregard for judicial directives, necessitating the establishment of pan-India guidelines, increased sensitization of law enforcement, and the exploration of personal liability for officials who order forced evictions to ensure accountability and checks on their powers.

    https://www.thehindu.com/opinion/lead/putting-the-brakes-on-bulldozer-justice/article68635215.ece