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GS Paper: GS2

  • State lethargy amidst cough syrup poisoning

    Context

    A few days ago, 12 children died in Udhampur district of Jammu due to poisoned cough syrup (Coldbest-PC).

    Fourth mass glycol poisoning

    • What was the cause of the poisoning? A team of doctors at the Post Graduate Institute of Medical Education & Research, Chandigarh, attributed the deaths to the presence of diethylene glycol in the cough syrup.
    • What is Diethylene glycol? It is an anti-freezing agent that causes acute renal failure in the human body followed by paralysis, breathing difficulties and ultimately death.
    • This is the fourth mass glycol poisoning event in India that has been caused due to a pharmaceutical drug.

    Measures required and example from the US

    • Preventing further deaths: The immediate concern for doctors, pharmacists and the drug regulators should be to prevent any more deaths.
      • The only way to do so is to account for each and every bottle of the poisoned syrup that has ever been sold in the Indian market and stop patients from consuming this drug any further.
    • The US example in such case: United States Food and Drug Administration (USFDA), in 1937, when the United States faced a similar situation with glycol poisoning.
      • Tracking down every bottle: Entire field force of inspectors and chemists were assigned to the task of tracking down every single bottle of the drug.
      • Even if a patient claimed to have thrown out the bottle, the investigators scoured the street until they found the discarded bottle.
      • This effort was accompanied by a publicity blitz over radio and television.
    • What is being done in India? We do not see such public health measures being undertaken here.
      • Seriousness not communicated to the pubic: Authorities are simply not communicating the seriousness of the issue to the general public.
      • A general statement: At most, the authorities in Himachal Pradesh (H.P.), who are responsible for oversight of the manufacturer of this syrup, have made general statements that they have ordered the withdrawal of the drug from all the other States where it was marketed.
      • Lack of transparency: There is no transparency in the recall process and information about recalls and batch numbers is not being communicated through authoritative channels.
      • No public announcement by the DCGI: There is no public announcement by the Drug Controller General of India (DCGI), which is responsible for overall regulation of the entire Indian market.
      • The suspect product, although manufactured in H.P., has been sold across the country.
      • The website of the DCGI, which is supposed to communicate drug alerts and product recalls, has no mention of Coldbest-PC as being dangerous as of this writing.

    Need for the recall policy

    • No rules or binding guidelines on recall: One of the key reasons why the DCGI and state drug authorities have been so sloppy is because unlike other countries, India has not notified any binding guidelines or rules on recalling dangerous drugs from the market.
    • Warnings to the DGCI on lack of framework: The 59th report of the Parliamentary Standing Committee on Health as well as the World Health Organization (in its national regulatory assessment) had warned the DCGI on the lack of a national recall framework in India.
      • A set of recall guidelines was drafted in 2012 but never notified into law.

    Conclusion

    The drug regulator needs to take the urgent steps to avoid the repeat of such tragedies in the future and formulate a policy on the drug recall at the earliest.

  • Regional bonding: On Ranil Wickremesinghe’s prescription for peace

    Context

    Former Sri Lankan Prime Minister Ranil Wickremesinghe’s push for regional economic integration and for India-Pakistan dialogue should be studied carefully by New Delhi.

    What are the issues with SAARC?

    • Recent moves by India: India has more or less shut down all conversations on the South Asian Association for Regional Cooperation (SAARC).
      • India also walked away from the ASEAN-led Regional Comprehensive Economic Partnership (RCEP).
    •  Mr Wickremesinghe set out a number of suggestions:
    • The original purpose of SAARC-Regional growth: India-Pakistan tensions have brought economic integration within the SAARC region to a “standstill”.
      • That the original purpose of the South Asian group was to build a platform where bilateral issues could be set aside in the interest of regional growth.
    • Start at the sub-grouping levels: To engender more intra-regional trade, an even smaller sub-grouping of four countries with complementary economies: India, Sri Lanka, Bangladesh and Thailand, can start the process of reducing tariffs and demolishing non-tariff barrier regimes.
      • When it comes to the intra-regional share of total trade, SAARC and BIMSTEC languish behind groupings such as ASEAN, EU and MERCOSUR.
    • Economic Integration Road Map: The Sri Lankan leader also suggested that with India’s leadership, a more integrated South Asian region would be better equipped to negotiate for better terms with RCEP so as not to be cut out of the “productivity network” in Asia, and envisioned an Economic Integration Road Map to speed up the process.

    Governments stand

    • Talks with Pakistan off the table: The government has made it clear that talks with Pakistan are strictly off the table, and that a SAARC summit, which has not been held since 2014, is unlikely to be convened anytime soon.
    • More reliance on bilateral deals: The government, which has taken a protectionist turn on multilateral trade pacts, is relying more on direct bilateral deals with countries rather than overarching ones that might expose Indian markets to flooding by Chinese goods.
    • India’s trade deficit with the neighbours: For any regional sub-grouping in South Asia to flourish, it is India that will have to make the most concessions given the vast trade deficits India’s neighbours have at present, which it may not wish to do.

    Conclusion

    • The overall projection that India’s global reach will be severely constrained unless it is integrated with its neighbours, and tensions with Pakistan are resolved, cannot be refuted. India needs to be more accommodative for the realisation of its ambitions.

     

     

  • One country, two viruses

    Context

    China’s handling of coronavirus, in contrast to SARS, has been effective, should be a template for others.

    Why lockdown of Wuhan is a big deal?

    • A move without precedent: China’s lockdown of roughly 60 million people in Wuhan and other cities in Hubei province for more than a month now is without precedent in the history of public health.
    • Best way to stop the virus from spreading: The best way to stop a virus from spreading from person to person, is to give it no place to spread to.
      • This is achieved by isolating those who are infected and quarantining those who might be infected.
    • Cordon sanitaire: In China, though, the control has moved beyond traditional quarantine to a cordon sanitaire-an exclusion zone people cannot travel into or get out of.
      • In most countries, this simply would not work for a period this long and a population that large.
    • Inconceivable move in other places: Wuhan is a city of 11 million people, slightly larger than Chennai or Bengaluru. It would be inconceivable to think of cutting off transportation in and out of these cities or asking people to stay at home for even a day, let alone a month.
      • No political control nor administrative mechanism: Like India, most countries in the world have neither the political control to impose their will on people this way nor the administrative mechanism to enforce this degree of control.

    Human cost and ethic of the lockdown

    • The human cost: The human cost of such a strategy is immense.
      • Feeling of being unable to escape: The fear induced by being unable to escape from a place where a new virus is circulating is immense.
      • The worries and stresses of everyday life multiply one hundred-fold when everything from shopping for food to occupying children stuck at home becomes a challenge.
      • The slightest cough, cold or fever can trigger panic.
    • Ethics involved in the move: The ethics of the cordon sanitaire in Wuhan, as well as the quarantining by Japanese authorities of the cruise ship Diamond Princess, will be debated for years after this particular outbreak is over.
    • Slowing the spread: But whatever its human and financial cost, China’s actions in the first month of the outbreak helped to slow the spread of the virus within the country as well as internationally.

    How China’s response this time is different from the SARS

    • On December 31, the Chinese government informed the WHO, and the world, of the existence of a form of pneumonia of unknown cause
      • It also told the people of Wuhan to wear masks if they had symptoms and seek medical attention.
    • Virus identification: For the world, the big breakthrough from China came on January 7, when researchers in Wuhan identified the virus as a new coronavirus.
    • Sharing of the genetic sequence of the virus: Two days later, China shared its genetic sequence with the world.
      • How genetic sequence helped? The sharing of the genetic sequence allowed labs all over the world to develop testing kits to detect the disease.
      • It also put countries on the alert for travellers with the disease, without which the new coronavirus would have spread much quicker and farther than it has so far.
    • China’s response to SARS: The Chinese response to SARS in 2003, in contrast to this, was a cover-up.
      • The disease circulated for nearly three months, enabled by government secrecy and censorship.
      • Spread of disease without warning: When travellers from China brought the disease first to Hong Kong and from there to other cities across the globe, there was no warning.
      • It was only after the disease spread in Hong Kong, that scientists and public health experts began to decipher this new virus.
      • Lessons learned: China, fortunately, learned the lessons for SARS and put together systems to identify and respond to this new disease quickly.

    What India can learn from China

    • Infrastructure with speed: Public health officials all over the world, including in India, should study the speed with which China put together an infrastructure to deal with this new disease.
      • Modern, well-equipped hospitals dedicated to coronavirus patients were constructed in weeks.
    • Centralised information and logistic system: Centralised information and logistics systems and systems to ensure coordination between multiple levels of government -from the central government to provincial and municipal governments, were put into place.
      • All the systems seem to have worked reasonably smoothly, given the chaotic and complex atmosphere of a disease outbreak.
    • Unique approach: The way China has tackled this disease has been an “all of government, all of the society approach”, in the words of Bruce Aylward, the leader of the WHO team that recently spent two weeks in the country.
      • It was, as he described it, “a very old-fashioned approach”, but one that had “prevented at least tens of thousands, but probably hundreds of thousands of cases.”

    Conclusion

    • In all probability, it is only a matter of time before India sees new cases. The Indian health system, as in China, is multi-layered. Some states like Kerala have strong public health infrastructure and a strong response capability. Many other states like Uttar Pradesh and Bihar do not have strong public health systems. They will find it difficult to respond and will learn that diseases, like the revolution, can be brutal.

  • Aadhaar, no standout performer in welfare delivery

    Context

    Aadhaar-based biometric authentication did not reduce PDS leakages, finds Jharkhand-based empirical study

    What was the rationale behind Aadhaar?

    • What did the UIDAI’s report say? Aadhaar has curtailed leakages of government subsidies. Through Aadhaar, savings worth â‚č90,000 crores have accrued to the government– UIDAI’s2017-18 annual report.
    • Plugging the leakages in the schemes: When Aadhaar was conceived a decade ago, the rationale postulated was: India spends nearly three trillion rupees a year across several core welfare programmes such as Public Distribution System (PDS), LPG, Mahatma Gandhi National Rural Employment Guarantee Act etc.
      • Huge leakage due to duplications: Roughly 30-40% of this three trillion is lost in leakages.
      • Leakages are largely due to ‘ghost’ and ‘duplicate’ beneficiaries using fake identities to avail these benefits; a unique identity biometric scheme can eliminate these leakages and vastly improve efficiency in welfare delivery.
    • Improve welfare delivery efficiency: In fact, the former Union Minister, Arun Jaitley, even renamed the Aadhaar Bill to ‘Targeted Delivery of Financial and other Subsidies, Benefits and Services’ Bill, making it amply clear that Aadhaar’s primary, if not sole purpose, was to improve welfare delivery efficiency.

    What are the findings of study?

    • How was the study carried out?
      • Use of RCT and sample of 15 million people: They conducted a scientifically designed study of the PDS system in Jharkhand covering 15 million beneficiaries using the technique of randomised control trials (RCT).
      • In the study, one set of beneficiaries went through the Aadhaar-based biometric authentication while the other group used the old system of procuring their ration.
    • The results were then compared to see if Aadhaar-based biometric authentication had any impact in reducing leakages.
    • What were the findings of the study?
    • No measurable benefit: The study concluded that Aadhaar-based biometric authentication had no measurable benefit.
      • No reduction in leakages: Aadhaar-based biometric authentication did not reduce leakages due to elimination of ghosts and duplicates, as widely perceived.
    • Increase in transaction costs for beneficiary: On the other hand, they found that Aadhaar-based biometric authentication increased transaction costs for beneficiaries.
      • 17% extra cost: That is, to claim ration worth â‚č40, beneficiaries in the Aadhaar system incurred an additional â‚č7 of costs than those in the old system, because of multiple trips to authenticate themselves and the opportunity cost of time spent.
      • This is a whopping 17% extra cost burden of the value of the benefit they were entitled to receive.
    • Type 1 error of exclusion: To make matters worse, Aadhaar-based biometric authentication also introduced what empirical scientists call Type I error of exclusion.
      • Aadhaar authentication falsely rejected genuine PDS beneficiaries who were then denied their ration supplies.
      • The study finds that nearly 10% of legitimate beneficiaries were denied their ration either because they did not have their Aadhaar linked to their ration card or due to an exclusion error.
    • Summary of the finding: In summary, the study states that there was-
      • No direct impact of Aadhaar in reducing leakages.
      • 2. It denied ration to 10% of genuine beneficiaries and increased costs by 17% to those that were forced to get their ration using Aadhaar.
      • Pain with no gain: They conclude that Aadhaar authentication for PDS in Jharkhand caused “some pain with no gain”.

    What premises were wrong about Addhaar?

    • No testing of empirical belief: There was a widespread belief among the policy elite that ghosts and duplicates were the scourge of India’s welfare delivery and that Aadhaar would eliminate this.
      • But this belief was never empirically tested.
      • Based on this belief, an entire story was concocted about improving welfare efficiency by eliminating ghosts and duplicates with Aadhaar and a whole new law was enacted to this effect.
    • The pilot project not carried out: Many studies now establish that ghosts and duplicates are not the significant cause of leakages.
      • It would have been better to have undertaken a robust pilot project of scale to test the belief about ghosts and duplicates, before embarking on it nationwide.

    Conclusion

    In a sociologist’s world and in a liberal society, a policy that could run the risk of denying welfare to just a few people, putting their lives at risk, is not worth implementing regardless of how many millions it benefits.

     

     

     

     

  • Explained: Central Consumer Protection Authority (CCPA)

     

     

    Recently the Union Ministry of Consumer Affairs has announced that a Central Consumer Protection Authority (CCPA) will be established by the first week of April.

    What is the Central Consumer Protection Authority?

    • The authority is being constituted under Section 10(1) of The Consumer Protection Act, 2019.
    • The Act replaced The Consumer Protection Act, 1986, and seeks to widen its scope in addressing consumer concerns.
    • The CCPA, introduced in the new Act, aims to protect the rights of the consumer by cracking down on unfair trade practices, and false and misleading advertisements that are detrimental to the interests of the public and consumers.

    Why need CCPA?

    • The new Act recognizes offences such as providing false information regarding the quality or quantity of a good or service, and misleading advertisements.
    • It also specifies action to be taken if goods and services are found “dangerous, hazardous or unsafe”.
    • The CCPA will have the powers to inquire or investigate into matters relating to violations of consumer rights or unfair trade practices suo motu, or on a complaint received, or on a direction from the central government.

    What can the possible structure of CCPA be?

    • The proposed authority will be a lean body with a Chief Commissioner as head, and only two other commissioners as members — one of whom will deal with matters relating to goods while the other will look into cases relating to services.
    • It will be headquartered in the NCR of Delhi but the central government may set up regional offices in other parts of the country.
    • The CCPA will have an Investigation Wing that will be headed by a Director General.
    • District Collectors too, will have the power to investigate complaints of violations of consumer rights, unfair trade practices, and false or misleading advertisements.

    What kind of goods and food items in particular, can be classified as “dangerous, hazardous or unsafe”?

    • This is not specified in the notification of the Act.
    • Regarding food, an official said the CCPA will ensure that all standards on packaged food items set by regulators such as the FSSAI are being followed.

    What will the CCPA do if any goods or services are found not meeting these standards?

    Under Section 20 of The Consumer Protection Act, the proposed authority will have powers to:

    1. recall goods or withdrawal of services that are “dangerous, hazardous or unsafe;
    2. pass an order for refund the prices of goods or services so recalled to purchasers of such goods or services and
    3. discontinuation of practices which are unfair and prejudicial to consumer’s interest

    Penalties:

    For manufacture, selling, storage, distribution, or import of adulterated products, the penalties are:

    1. If injury is not caused to a consumer, fine up to Rs 1 lakh with imprisonment up to six months;
    2. If injury is caused, fine up to Rs 3 lakh with imprisonment up to one year;
    3. If grievous hurt is caused, fine up to Rs 5 lakh with imprisonment up to 7 years;
    4. In case of death, fine of Rs 10 lakh or more with a minimum imprisonment of 7 years, extendable to imprisonment for life.

    How will it deal with false or misleading advertisements?

    • Section 21 of the new Act defines the powers given to the CCPA to crack down on false or misleading advertisements.
    • The CCPA may order investigation that any advertisement is false or misleading and is harmful to the interest of any consumer, or is in contravention of consumer rights.
    • If dissatisfied, the CCPA may issue directions to the trader, manufacturer, endorser, advertiser, or publisher to discontinue such an advertisement, or modify it in a manner specified by the authority, within a given time.

    Penalties:

    1. The authority may also impose a penalty up to Rs 10 lakh, with imprisonment up to two years, on the manufacturer or endorser of false and misleading advertisements.
    2. The penalty may go up to Rs 50 lakh, with imprisonment up to five years, for every subsequent offence committed by the same manufacturer or endorser.
    3. CCPA may ban the endorser of a false or misleading advertisement from making endorsement of any products or services in the future, for a period that may extend to one year.
    4. The ban may extend up to three years in every subsequent violation of the Act.

    What other powers will the CCPA have?

    • While conducting an investigation after preliminary inquiry, officers of the CCPA’s Investigation Wing will have the powers to enter any premise and search for any document or article, and to seize these.
    • For search and seizure, the CCPA will have similar powers given under the provisions of The Code of Criminal Procedure, 1973.
    • The CCPA can file complaints of violation of consumer rights or unfair trade practices before the District, State, and the National Consumer Disputes Redressal Commission.
    • It will issue safety notices to alert consumers against dangerous or hazardous or unsafe goods or services.

    Also read:

    https://www.civilsdaily.com/news/five-new-rights-you-get-as-a-consumer/

  • Still no finality, the third time round

    Context

    There are indications that the new Bodo accord does not spell closure of the statehood movement by Bodo groups.

    Power-sharing experiment under the Sixth Schedule

    • Sixth Schedule expected as a panacea: The experiment of power-sharing and governance under the Sixth Schedule of the Indian Constitution was expected to be the panacea of the ethno-nationalist identity questions in the Northeastern States.
    • Complexities of exclusion: Euphoria, as well as anger over the third Bodo Accord, have, however, held the mirror reflecting the complexities of exclusion of communities in such ethnocentric power-sharing and governance model.

    Specifics of the new Accord

    • The new Accord was signed by the All Bodo Students’ Union (ABSU), United Bodo People’s Organisation and all the four factions of the insurgent outfit- National Democratic Front of Bodoland (NDFB) with Delhi and Dispur on January 27.
      • It promises more legislative, executive and administrative autonomy under the Sixth Schedule to Bodoland Territorial Council (BTC) and expansion of the BTC territory in lieu of statehood.
    • The Bodoland Territorial Area District (BTAD), the autonomous region governed by BTC, will be known as Bodoland Territorial Region (BTR) after demarcation of the augmented territory.

    The emergence of the faultlines in the new Accord

    • What went wrong in the previous Accord? The previous Bodo Accord signed by the erstwhile insurgent outfit, Bodo Liberation Tigers (BLT) with Delhi and Dispur on February 10, 2003, led to the creation of the BTC as a new experiment of territorial autonomy under the Sixth Schedule.
      • No assent by the Governor to any BTC legislation: The constitutionally mandated legislative power of the BTC has been reduced to a farce as the Assam Governor has not given assent to any of the legislation passed by the BTC Legislative Assembly.
    • Intensification of demand for Kamatapur State: Bodo groups have suspended their statehood movement.
      • The new Bodo Accord has triggered the intensification of the movement for Kamatapur State by organisations of the Koch-Rajbongshi community.
      • Overlapping territory: The territory of the demanded Kamatapur State overlaps with the present BTAD, proposed BTR and demanded Bodoland.
    • Demand for ST status: Clamour for Scheduled Tribe (ST) status by the Koch-Rajbongshis, Adivasis and several other non-ST communities has also grown.
    • Faultlines over ST status: Deeper ethnic faultlines in an ethnocentric power-sharing model will become exposed when the Koch-Rajbongshis and the Adivasis are granted ST status, as promised by the government.
      • For, the reservation of seats of BTC is for the STs and not exclusively for the Bodos.
      • The new accord has no clear answer to such critical questions.
      • In BTAD, the ST communities account for 33.50% of the total population and the Bodos account for over 90% of the ST population in the BTAD.
      • The ST populations are an overwhelming majority in territories overseen by nine other autonomous councils under the Sixth Schedule in Assam, Meghalaya, Mizoram and Tripura.
    • Minority governing majority: Such a demographic composition in the BTAD has allowed the space for political mobilisation of other non-Bodo communities.
      • It also allowed the articulation of the campaign that the BTC is a faulty model as it allows the minorities to govern the majorities.
      • Exclusion demand: The organisations of these communities have been demanding exclusion of villages with less than 50% Bodo population from the BTAD.
    • Counter argument by Bodos: Bodo organisations have a counter-argument that non-Bodo is a political identity construction articulated to capture power in the BTAD by certain political forces.
    • The new accord promises to increase the current strength of BTC to 60 from 40 but “without adversely affecting the existing percentage of reservation for tribal[s]”.
    • Constitutional provision for dealing with such situations: Sub-paragraph 2 of the first paragraph of the Sixth Schedule provides that, “If there are different Scheduled Tribes in an autonomous district, the Governor may, by public notification, divide the area or areas inhabited by them into autonomous regions.”
      • However, constitutional amendments were made following the previous Bodo Accord to ensure that this provision shall not apply in respect of the BTAD.
    • What could be the solution to the present situation? The provision of setting up regional autonomous councils under the Sixth Schedule can be explored to create the space for communities aggrieved by exclusion from the power-sharing model of BTC.

    Provision of commission

    • The new accord promises to appoint a commission by the Assam government.
      • What the commission will deal with? It will look into the demands for inclusion of villages with ST majority and contiguous to the BTAD, and exclusion of villages which are contiguous to non-Sixth Schedule areas and have majority non-ST population.
      • However, the core area of the BTAD will continue to have many villages with majority non-ST population which were included for contiguity.

    Evaporating of euphoria over the accord

    • Failure in uniting the four factions: Euphoria among the Bodos over the accord is also fast evaporating with efforts to unite all the four factions of NDFB having turned futile.
      • The factions are divided into two camps.
      • The new accord will be the pivot of political mobilisation in the BTAD during the forthcoming BTC elections due in April.
    • Revival in homeland demand: A shift in the political equilibrium in the BTC resulting from a likely expansion of the ST list in Assam has the potential to keep the Bodos out of power in the BTC and push Bodo organisations to revive their homeland demand

    Conclusion

    Peace will continue to be fragile in Assam’s Bodo heartland until an all-inclusive power-sharing and governance model is evolved under the provisions of the Sixth Schedule.

     

     

     

     

  • Debating water quality

    Context

    The competitive politics of Delhi election has brought the issue of drinking water to centre stage.

    Controversy over BIS water status report

    • Politicising of the report: The controversy started with the release of the BIS report for 21 major Indian cities, in keeping with the objectives of the ‘Jal Jeevan Mission’.
      • The mission aims to provide safe piped water to all households by 2024.
      • The fact that drinking water in Delhi was ranked the most unsafe, as the samples failed in 19 out of 28 parameters, was challenged by the Government of Delhi and the Delhi Jal Board (DJB).
    • Compilation of information on the existing status: The study is scheduled to cover all districts in the country within a year. Supply of potable water obviously requires first compilation of information on the existing status
    • Water as an urgent concern: The fact that water should be treated as an urgent concern for public health and the ecosystem of the country cannot be denied.
    • Imperceptible threat: The threats to human health due to poor water quality, except when they appear as an epidemic, are largely imperceptible.
      • This generally subjects the population to subtle health problems without its knowledge or consent.

    Pollution and water crisis in India

    • Pollution contributing to water crisis: India is on the throes of a severe water crisis, not only because of a gradual reduction in per capita availability of water due to a rising population but also because of rising and unchecked pollution in the country’s rivers and water bodies.
      • It is a fact which is mostly overlooked in the deliberations on water resources management.
    • Only 30% sewage treatment capacity in major cities: As per published estimates of the Central Pollution Control Board, the country has a treatment capacity of only about 30% of sewage generated in the major cities.
      • Not to talk of other urban and rural areas where the sewage finds its way to local water bodies or rivers without treatment.

    Impending water stress in the country

    • NITI Aayog report: A 2018 Report of the NITI Aayog has observed that currently, 600 million Indians face high to extreme water stress.
      • The report also states that about two lakh people die every year due to inadequate access to safe water.
    • Demand twice the supply by 2030: The crisis is only going to get worse.
      • By 2030, the country’s water demand is projected to be twice the available supply, implying severe water scarcity for hundreds of millions of people.
    • High methane in Yamuna water in Delhi: For the water coming from the Yamuna released from Haryana, the DJB has to often stop the supply for a few days if the concentration of methane goes up beyond a certain level.
      • This is because the tri-chloromethane that may be produced during the disinfection process is highly carcinogenic.
      • The effect may surface on human health not immediately but over a period of time.

    The capital’s high pollutant load and need for improvement in governance

    • Contributing 50% pollutant: Delhi, which constitutes less than 1% of the total catchment of the Yamuna, contributes more than 50% of total pollutant load in the river.
      • Delhi has 7,000 km of sewer line as on date, against a requirement of 24,000 km.
      • The 17 sewage treatment plants being operated by the DJB are able to take care of not more than 30% of sewage treatment.
    • There is no sewerage system at all for over 45% of the population in unauthorised and even regularised colonies and rural areas.
    • As of now, there are 18 major drains carrying sewage, garbage and industrial effluents into the Yamuna.
    • Solid waste dumping in Yamuna: It is not only the untreated sewage water and industrial effluents, but also the solid wastes and construction material discharged by individuals, companies and municipal bodies that have caused the suffocation of the Yamuna.
      • Also, floodplains have been encroached upon by settlements.
    • Challenge of supplying quality water: Ensuring the supply of quality drinking water is not only expensive, but it also needs improvement in governance.
      • It needs technical knowledge on measurement and regulation of water quality.
      • It is not the fault of the DJB or the Delhi government alone that they have not been able to ensure a 100% supply of quality water to the citizens of Delhi.
      • Given the constraints they face, especially those concerning the water resources management and laws in the country.

    Conclusion

    The Jal Jeevan Mission, even if it has not been so far structured, conceptualised and funded adequately, has begun the important work of gathering information on the scale and scope of the problem and making it available in an open and transparent manner. The best outcome is that the competitive politics of the Delhi election has ensured a political debate on water quality.

     

     

     

  • When a court pronounces a verdict, without giving reasons

    Context

    In a highly unusual move, a nine-judge Bench of the Supreme Court resorted to a non-speaking order as it ruled affirmatively on the preliminary issue arising out of the Sabarimala review petition.

    Departure from norms

    • The importance of a ‘reasoned decision’ in a constitutional democracy committed to the rule of law, is self-evident.
      • Its importance cannot be overstated and this curious departure from the norm merits close analysis.
    • Time and again, the Supreme Court has unequivocally endorsed and underlined the requirement of giving reasons in support of the order.
      • The SC has often chastised subordinate institutions for their failure to supplement their orders with reasons.

    Importance of ‘reasoned decision’

    • The juristic basis for the ‘reasoned decision’: The juristic basis for this has also been explored in a number of cases.
    • In various decisions, the court has ruled that speaking orders promote-
      • Judicial accountability and transparency.
      • Inspire public confidence in the administration of justice; and
      • Introduce clarity and minimise the chances of arbitrariness.
    • Quotes from various judgements: In addition to being a “healthy discipline for all those who exercise power over others”, recording of reasons has been described by the Supreme Court as the “heartbeat of every conclusion”; the “life blood of judicial decision making”; and a cherished principle of “natural justice”.
    • The Madhya Pradesh Industries Ltd case: In this case Justice Subba Rao K. stated:
      • “The condition to give reasons introduces clarity and excludes or at any rate minimises arbitrariness;”
      • “… it gives satisfaction to the party against whom the order is made; and it also enables an appellate or supervisory court to keep the tribunals within bound… Speaking order will at its best be reasonable and at its worst be at least a plausible one.”

    Devaluation by the SC and implications

    • Implicit rules: The need for a court to provide an intellectual substrate for its decisions is also implicit in the expression “pronounce judgment” in Supreme Court Rules, 2013.
      • According to settled decisions, the same signifies “judicial determination by reasoned order”.
    • However, when it came to applying the principle to its own verdict, the apex court has inadvertently devalued the importance of concurrent reporting of reasons.
      • The court seems to have downplayed the fact that it may be coming across as inarticulate at best and indecisive at worst.
    • Undermining integrity: Besides undermining institutional integrity, a decision’s authority as a binding precedent is also potentially compromised by this omission.

    Culture of justification

    • The term “transformative constitutionalism” has recently found currency in constitutional adjudication (Navtej Joharand Joseph Shine).
      • The Supreme Court is yet to articulate a comprehensive theory of the concept but it has been fleshed out in other jurisdictions.
    • From authority to justification: For example, Pius Langa, former Chief Justice of the Constitutional Court of South Africa, argued that “transformative constitutionalism” entails a transformation of legal culture from one “based on authority” to the one “based on justification”.
    • Karl Klare (the scholar who coined the term) posited that it may be legitimately expected of constitutional adjudication to “innovate and model intellectual and institutional practices appropriate to a culture of justification”.

    Conclusion

    In light of the above, it can be concluded that the practice of issuing non-speaking orders and giving post-hoc rationalisations later is an anathema to the principle of constitutional governance. Duty to give reasons is an incident of the judicial process and constitutional justice should not be a matter of afterthought.

     

     

     

  • Explained: Assam-Mizoram Boundary Dispute

     

    Assam is at the centre of a fresh inter-State border row in the northeastern region. The Mizoram government has sought the revision of the boundary with Assam, based on the Bengal Eastern Frontier Regulation (BEFR) of 1873 and the Inner Line of the Lushai Hills Notification of 1993.

    Background

    • Since 1962 most of the state borders of states carved out of Assam were divided following the myopic vision of the Central government.
    • On ground these borders still do not run in sync with the tribal territories and identities, creating repetitive conflicts in the region and disturbing its peace.
    • Assam finds itself at the center of all the conflicts since most of the neighboring states were carved out of its territory since independence.
    • This was done to consolidate the Indian Union at the time by catering to the aspirations of the local tribes and including them in the mainstream by giving them independent statehoods.

    What is the dispute?

    • Mizoram shares a 123-km border with southern Assam and has been claiming a 509-square mile stretch “occupied” by the neighbouring State.
    • Mizoram used to be the Lushai Hills district of Assam before being made a Union Territory in 1972 and a State in 1987.
    • Both States have been disputing an extensive stretch of this boundary.

    About Bengal Eastern Frontier Regulation

    • The Inner Line Regulations, commonly referred to as the Inner Line Permit system (ILP), first gained legal effect through the Bengal Eastern Frontier Regulation, 1873.
    • At present the BEFR continues to apply, but only in present-day Arunachal Pradesh, Nagaland and Mizoram.
    • It had been lifted in the whole of Assam, as well as the entirety of present-day Meghalaya.
    • The BEFR allows Arunachal Pradesh, Manipur, Mizoram and Nagaland not to let non-resident Indians in without an inner-line permit for a temporary stay.

    Present status of ILP

    • The Foreigners (Protected Areas) Order, 1958 is the modern embodiment of the ILP.
    • This Order was passed in furtherance of the Foreigners Act, 1946.
    • The Order defined the ‘inner line’ throughout present-day India starting from Jammu and Kashmir and ending at Mizoram.
    • This inner line is different from the one envisioned in the Bengal Frontier Regulations.
    • This line represents the furthest point up to the international border where a foreigner can visit on the strength of a visa alone.

  • Cop out in Delhi

    Context

    Political parties across the spectrum escape the blame for continuing to use the police as an instrument to further their political agenda.

    The backdrop of violence in protest against CAA in Delhi

    • The culmination of dithering by police: It was the culmination of weeks of dithering and selective action on the part of the Delhi Police in dealing with those agitating against the Citizenship Amendment Act (CAA).
    • No preventive action is taken: No preventive action appears to have been taken, and when the national capital was rocked by agitators in different areas the police appeared to have been caught by surprise.
    • Hesitation in acting against the rioters: There appeared to be hesitation on the part of the police in taking firm action against the rioters who continued to be on the rampage, destroying public and private property.
      • There was a disturbing scene of a rioter openly brandishing his firearm at a policeman.

    Disturbing patterns in the Police actions

    • Delhi Police- The extremes of action and inaction: The Delhi Police is the best-resourced police in the country.
      • It is looked upon as a model by state police forces across the country. Its response, in fact, shows a disturbing pattern.
      • There have been extremes of action and inaction.
      • Forcible entry: In Jamia Millia Islamia, the police is alleged to have entered the campus forcibly and roughed up students after their march against the CAA turned violent.
      • Inexplicable delay: In JNU, there was an inexplicable delay in responding to violence by a group of outsiders within the campus.
    • Bengal Police-Turning blind eye to rioters’vandalism: In West Bengal, with Mamata Banerjee leading the charge against the CAA, the message to the police was clear.
      • They turned Nelson’s eye to rioters’ vandalising government and private property; the Eastern Railways alone suffered a loss of Rs 72.19 crore.
    • Uttar Pradesh Police- Excesses committed during protests.
      • In UP, where over 20 people were killed, the Allahabad High Court has called for a detailed report on the alleged police excesses.
    • Karnataka Police- Over-zealousness.
      • In Karnataka, the High Court has blamed the Mangaluru police of “over-zealousness” in dealing with the anti-CAA protests.
    • Party bias in the Police actions: Police response invariably reflects the bias of the ruling party.
      • The partisan police response to situations, which were strikingly similar, has caused dismay and consternation among the people.
      • One must get to the root of the problem.

    Observations and the Supreme Court guidelines

    • National Police Commission observation: The National Police Commission recorded as far back as 1979 that “the present culture of the police system appears a continuation of what obtained under the British regime when the police functioned ruthlessly as an agent for sustaining the government in power”.
      • In such a situation, the Commission went on to say, “police find it difficult to play their lawful role and make their performance acceptable to the people at large”.
    • The Supreme Court directions: The Supreme Court issued a set of six directions in 2006 to state governments with a view to transforming the ethos and working philosophy of the police.
      • Setting up the State Security Commission: The SC’s most important direction was about setting up of a State Security Commission with a view to insulate the police from external pressures.
      • It is true that several states have enacted laws purportedly in compliance with the Supreme Court’s orders.
      • Recommendation not supported in letter and spirit: But these acts, as their critical examination reveals, violate the letter and spirit of the judicial directions. The old order continues for all practical purposes.
    • The Justice Dhingra Committee report on anti-Sikh riots: In its recently released report on the 1984 anti-Sikh riots, the report slammed the Union government and the Delhi Police.
      • It observed that a large number of crimes remained unpunished for the simple reason that there was “lack of interest shown by the police and by the authorities in handling these cases as per law or to proceed with the intention of punishing the culprits”.
      • The effort of the police and the administration “seems to have been to hush up the criminal cases concerning riots”.

    Way forward

    • Implement the recommendations of NPC: It is unfortunate that the NPC recommendations have not been acted upon even after the Supreme Court’s directions. No wonder, in the recent agitation in different states, the police have acted in the manner they did.
    • Interference of the political parties need to be reduced: The police are, no doubt, to blame for not being able to function in an objective and impartial manner. There is definitely a failure of leadership also. The political leadership need to ensure the autonomy of the police.
    • Role of media: The media cannot escape its responsibility for treating the police as a convenient punching bag from time to time and not taking up the cause of police reforms as aggressively as it should be doing.
    • Introspection by the Supreme Court: The Supreme Court would also need to introspect as to why the implementation of its directions has been so ineffective.