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  • Foreign Policy Watch: India-Bangladesh

    [pib] Maitri Setu between India and Bangladesh

    PM will inaugurate ‘Maitri Setu’ between India and Bangladesh tomorrow.

    Maitri Setu

    • The bridge ‘Maitri Setu’ has been built over the Feni River which flows between the Indian boundary in Tripura State and Bangladesh.
    • The 1.9 Km long bridge joins Sabroom in India with Ramgarh in Bangladesh.
    • The construction was taken up by the National Highways and Infrastructure Development Corporation Ltd.

    Try this PYQ:

    Q. Recently, which of the following States has explored the possibility of constructing an artificial inland port to be connected to the sea by a long navigational channel?

    (a) Andhra Pradesh

    (b) Chhattisgarh

    (c) Karnataka

    (d) Rajasthan

    Significance of the bridge

    • With this inauguration, Tripura is set to become the ‘Gateway of North East’ with access to Chittagong Port of Bangladesh, which is just 80 kms from Sabroom.
    • The name ‘Maitri Setu’ symbolizes growing bilateral relations and friendly ties between India and Bangladesh.

    About Feni River

    • Feni is a river in southeastern Bangladesh and Tripura.
    • It is a trans-boundary river with an ongoing dispute about water rights.
    • It originates in the South Tripura district and flows through Sabroom town and then enters Bangladesh.
    • The question of sharing the waters of the river between India and Pakistan was first discussed in 1958.

    Other associated projects

    Sabroom Check Post

    • PM will lay the foundation stone for setting up an Integrated Check Post at Sabroom.
    • It will help ease the movement of goods and passengers between the two countries provide new market opportunities for products of North-East states and assist the seamless movement of passengers to and from India and Bangladesh.
    • The project is being taken up by the Land Ports Authority of India.
  • Swachh Bharat Mission

    Women’s needs are key to Swachh Bharat success

    The article highlights the central role of women in the success of the Swacch Bharat Mission.

    Recognising the gender dimensions of sanitation in India

    • The Swachh Bharat Grameen Phase I guidelines (2017) state that requirements and sensitivities related to gender are to be taken into account at all stages of sanitation programmes.
    • Planning, procurement, infrastructure creation, and monitoring are the basic tenets of implementation in Swachh Bharat and the guidelines for the first phase of the mission called for strengthening the role of women.
    • The states were accordingly expected to ensure adequate representation of women in the village water and sanitation committees (VWSCs), leading to optimal gender outcomes.
    • The department of Drinking Water and Sanitation released the guidelines, recognising the gender dimensions of sanitation in India.
    • Swachh Bharat Mission 2 .0 speaks of sustained behavioural change while embarking on the newer agendas of sustainable solid waste management and safe disposal of wastewater and reuse.
    • Besides the government, the role of non-state actors like the Bill and Melinda Gates Foundation, Unicef and several NGOs, must be lauded as we pursue sustainable sanitation using a powerful gender lens.

    Challenges and solutions

    • There were inevitably cases where women were fronts for spouses.
    • This capturing has happened in panchayat seats as well but research has shown that over time, women do pick up the challenge, and if voted back are likely to assume charge.
    • The government has also very effectively used over 8 lakh swachhagrahis, mainly women, who for small honorariums work to push through behavioural change at the community level.
    • There are no quick solutions other than adopting concerted approaches to ensure the survival and protection of the girl child through good health from sanitation and nutrition.
    • Information, education, and communication, which aims at behaviour change of the masses, is key to the success of the swachhta mission 2.0.
    • Changes in SBM messaging reflects major transformations attempting to popularise and portray stories of women groups and successful women swachhta champions.

    Need for monitoring and evaluation system

    • A national monitoring and evaluation system to track and measure gender outcomes in SBM is necessary.
    • Several researchers in this space have commented that gender analysis frameworks have a long history in development practice.
    • We can learn from these frameworks to support design, implementation, and measurement.

    Conclusion

    There is no doubt that women can help to drive change and bring about lasting change as the jan andolan for swachhta, health and sanitation gains momentum.

  • Climate Change Negotiations – UNFCCC, COP, Other Conventions and Protocols

    Adaptation, not mitigation, should inform India’s climate strategy

    The article discusses issues such as China’s changing stance, climate finance and adoption of targets.

    The 26th COP to the UNFCCC

    • Countries Across the world are gearing up for the 26th Conference of Parties (COP) to the UN Framework Convention on Climate Change (UNFCCC).
    • At the forthcoming COP countries will be expected to increase the nationally determined commitments they made as part of that agreement.
    • Those original commitments would put the planet on track towards a 3 degrees centigrade temperature rise by the end of the current millennium.
    • 3-degree centigrade is far beyond the 1.5-degree limit that science considers to be a relatively safe threshold.

    Countries declaring carbon neutrality targets

    • The European Union (EU), the UK, Japan and South Korea have announced more ambitious targets.
    • The EU and the UK have pledged to reduce their carbon emissions by 55 per cent in 2030 with 2000 as the base year
    • They have also pledged to achieve “carbon neutrality” or zero carbon emissions by 2050.
    • China has announced that it will achieve carbon neutrality by 2060 and this has been welcomed by other major economies.

    Delinking from China

    • It is anticipated that the Biden administration may engage with China to come up with a template for COP-26.
    • That template did not take into account India’s interests despite China being part of the BASIC group of Brazil, South Africa, China and India.
    • BASIC, as major emerging economies, had been taking coordinated positions at multilateral climate negotiations.
    • Going forward, India must delink itself from China, let BASIC become a consultative forum only and reconstruct a larger coalition of developing countries whose climate change goals are more aligned with its own.
    • After Paris, BASIC has lost whatever rationale it originally possessed.

    Course of action for India: Adaptation is the key

    • There will be some important international conferences before COP-26, where major efforts are expected to set down an agenda for that meeting.
    • Biden has called for a summit of major emitting nations on April 22.
    • In June there will be a G-7 summit of western countries and Japan to which India has been invited.
    • The UK has let it be known that climate change would be at the top of the summit agenda.
    • What should India’s stance be at these meetings?
    • Both for India and other developing countries, it is important that mitigation does not overshadow other key elements of the Paris Climate agreement.
    • There has been step-motherly treatment of adaptation, which is a bigger challenge for most developing countries than mitigation is.
    • Adaptation should have equal billing with mitigation whenever and wherever climate change action is being deliberated upon.
    • India may find itself under pressure to commit to decisions that limit rather than enhance its development prospects.
    • One should not yield to pressures to declare a peaking year for India’s carbon emissions or to follow China into declaring a target year for carbon neutrality.
    • There is a relentless effort by the US and Western European countries to include climate change on the UN Security Council (UNSC) agenda.
    • At a recent UNSC meeting, this was strongly opposed by Russia and by India.
    • We will need to work out a persuasive case for opposing it since a large number of countries seem to believe that climate change is indeed a security issue and needs to be treated as such.
    • The potentially menacing intent behind it should be exposed.

    Climate finance falling short

    • The developed countries had committed themselves to providing $100 billion a year in climate finance to developing countries up to 2020.
    • There was a pledge to increase the size of this funding significantly in the period 2021-2025.
    • Even by the very accommodative accounting methods used by the OECD, the actual flows have fallen far short, being only $79 billion in 2018.
    •  Our own ministry of finance has estimated that there has been only a billion dollars in new and additional finance transferred to developing countries annually against the $100 billion pledge.
    • It is therefore important for India to highlight the finance component.
    • This will also enable the mobilisation of other developing countries, in particular small and medium countries and small island developing states.
    • These countries look up to India to provide intellectual leadership in a domain that is often quite technical and complex.

    Consider the question “What are the factors India should highlight and focus on as it heads to the 26th COP to the UNFCCC?”

    Conclusion

    It is evident that India needs to fashion a fresh strategy on climate change negotiations to safeguard its interests, contribute to a global climate regime that enhances and does not diminish India’s development prospects and helps the country both to adapt to climate change that is already taking place and to accelerate its transition to a low carbon growth trajectory.

  • Innovation Ecosystem in India

    Technology and Innovation Report, 2021

    According to UNCTAD’s Technology and Innovation Report 2021, India is the greatest outperformer among developing countries to use, adopt and adapt frontier technologies than their per capita GDPs.

    Q.What do you mean by Frontier technologies? Discuss their potential for path-breaking technological change that will profoundly affect markets and societies. (250W)

    Technology and Innovation Report, 2021

    • The report critically examines the possibility of frontier technologies such as AI, robotics, and gene-editing widening existing inequalities and creating new ones.

    What are Frontier technologies?

    • Frontier technologies include AI, IoT, big data, blockchain, fifth-generation mobile telephony, 3D printing, robotics, drones, gene-editing, nanotechnology, and solar power — the ones that take advantage of digitalization and connectivity.
    • Frontier technologies are essential for sustainable development, but they also could accentuate initial inequalities.

    Country-Readiness Index

    • The country-readiness index released by the United Nations Conference on Trade and Development (UNCTAD) under this report.
    • The index analyzed the progress of countries in using frontier technologies, considering their national capacities related to physical investment, human capital, and technological effort.

    India’s performance

    • India’s actual index ranking was 43, while the estimated one based on per capita income was 108.
    • This meant that India overperformed other countries by 65 ranking positions.
    • It was followed by the Philippines, which overperformed by 57 ranking positions.

    Global performance

    • China was at position 25; both India and China performed well in research and development.
    • This was reflective of their abundant supplies of qualified and highly skilled human resources available at a comparatively low cost.
    • The Philippines has a high ranking for the industry—because of high levels of foreign direct investment in high-technology manufacturing, especially electronics.
    • The United States, Switzerland, and the United Kingdom were “best prepared” for frontier technologies, the report highlighted.
    • Most of the best-prepared countries are from Europe, except the Republic of Korea, Singapore, and the United States. Some transition economies, such as Russia, also perform well on the index.

    Major takeaways of the report

    The report urges all developing nations to prepare for a period of deep and rapid technological change that will profoundly affect markets and societies.

    • Developing countries should align science, technology, and innovation policies with industrial policies.
    • New technologies can re-invigorate traditional production sectors and speed up industrialization and economic structural transformation.
    • It is up to policymakers to reduce this risk and make frontier technologies contribute to increasing equality, says the report.
    • Low-and middle-income developing countries and the least developing countries cannot afford to miss the new wave of rapid technological change.
  • Oil and Gas Sector – HELP, Open Acreage Policy, etc.

    What is OPEC+?

    India, the world’s third-biggest oil importer, has said that the decision by major producers to continue with output cuts as prices move higher could threaten the consumption led-recovery in some countries.

    Try this PYQ:

    Q.The term ‘West Texas Intermediate’, sometimes found in news, refers to a grade of

    (a) Crude oil

    (b) Bullion

    (c) Rare earth elements

    (d) Uranium

    What is the news?

    • The Organization of the Petroleum Exporting Countries (OPEC) and its allies, a group known as OPEC+, agreed not to increase supply in April as they await a more substantial recovery in demand amid the COVID-19.
    • Crude prices rose after the announcement and are up 33% this year (meanwhile India flaring up prices to 100 Rs/litres for Petrol).

    What is OPEC+?

    • The non-OPEC countries which export crude oil along with the 14 OPECs are termed as OPEC plus countries.
    • OPEC plus countries include Azerbaijan, Bahrain, Brunei, Kazakhstan, Malaysia, Mexico, Oman, Russia, South Sudan, and Sudan.
    • Saudi and Russia, both have been at the heart of a three-year alliance of oil producers known as OPEC Plus — which now includes 11 OPEC members and 10 non-OPEC nations — that aims to shore up oil prices with production cuts.

    Concerns for India

    • Rising oil prices are posing fiscal challenges for India, where heavily-taxed retail fuel prices have touched record highs, threatening the demand-driven recovery.
    • India imports about 84% of its oil and relies on West Asian supplies to meet over three-fifths of its demand.
    • As one of the largest crude-consuming countries, India is concerned that such actions by producing countries have the potential to undermine consumption-led recovery.
    • This would hurt consumers, especially in our price-sensitive market.
  • Freedom of Speech – Defamation, Sedition, etc.

    [pib] India’s rebuttal to Freedom House Report

    The Freedom House report titled “Democracy under Siege” in which it has been claimed that India’s status as a free country has declined to “partly free”, is misleading, incorrect, and misplaced.

    The US who claims to be the champion of Human Rights has turned another sermon to India through its Freedom House Report. This report presents an inherently flawed and biased analysis of Indian democracy.

    Rebuttal to specific points

    (1) Discriminatory policies against Minorities

    • The GoI treats all its citizens with equality as enshrined under the Constitution of the country and all laws are applied without discrimination.
    • Due process of law is followed in matters relating to law and order, irrespective of the identity of the alleged instigator.
    • With specific reference to the North East Delhi riots in February 2020, the law enforcement machinery acted swiftly in an impartial and fair manner.
    • Proportionate and appropriate actions were taken to control the situation.
    • Necessary legal and preventive actions were taken by the law enforcement machinery on all complaints/calls received, as per law and procedures.

    (2) Use of Sedition Law

    • “Public Order’ and ‘Police’ are State subjects under India’s federal structure of governance.
    • The responsibility of maintaining law and order, including investigation, registration, and prosecution of crimes, protection of life and property, etc., rests primarily with the concerned State governments.
    • Therefore, measures as deemed fit are taken by law enforcement authorities to preserve public order.

    (3) Government response to COVID-19 through Lockdown

    • Between March 16 to 23, most State governments/UT resorted to partial or full Lockdown in their respective State/ UT based on their assessment of the COVID-19 situation.
    • Any mass movement of people would have spread the disease rapidly throughout the country.
    • The government was fully conscious that during the period of an inevitable Lockdown, people should not face undue distress.
    • India has, on a per capita basis, registered one of the lowest rates of active COVID-19 cases and COVID-19 related deaths globally.

    (4) Government response on human rights organizations

    • The Indian Constitution provides for adequate safeguards under various statutes, including the Protection of Human Rights Act 1993 for ensuring the protection of human rights.
    • This Act provides for the constitution of an NHRC and SHRC in the States for better protection of human rights and for matters connected to this subject.

    (5) Intimidation of academics and journalists and crackdown on expressions of dissent by media

    • The Indian Constitution provides for freedom of expression under Article 19. Discussion, debate, and dissent are a part of Indian democracy.
    • The GoI attaches the highest importance to the safety and security of all residents of the country, including journalists.
    • It has issued a special advisory to States and UTs on the safety of journalists requesting them to strictly enforce the law to ensure the safety and security of media persons.

    (6) Internet shutdowns

    • Temporary suspension of the telecom services, including the internet, is governed under the provisions of the Temporary Suspension of Telecom Services (Public Emergency or Public Safety) Rules, 2017.
    • Hence, the temporary suspension of telecom/internet services is resorted to with the over-arching objective of maintaining law and order under strict safeguards.

    (7) FCRA amendment leading to freezing of Amnesty International’s assets has led to declining in ranking

    • Amnesty International had received permission under the FCRA Act only once and that too 20 years ago.
    • Since then Amnesty International, despite its repeated applications, has been denied FCRA approval by successive governments since as per law it is not eligible to get such approval.
    • However, in order to circumvent the FCRA regulations, Amnesty U.K. remitted large amounts of money to four entities registered in India, by misclassifying the remittance as FDI.
    • A significant amount of foreign money was also remitted to Amnesty India without MHA’s approval under FCRA.
    • This malafide rerouting of money was in contravention of extant legal provisions.
    • Owing to these illegal practices of Amnesty, the previous government had also rejected the repeated applications of Amnesty to receive funds from overseas.
  • Water Management – Institutional Reforms, Conservation Efforts, etc.

    [pib] Nag River Pollution Abatement Project

    The Nag River Pollution Abatement Project has been approved under the National River Conservation Plan.

    Try this PYQ:

    Q.On the planet earth, most of the freshwater exists as ice caps and glaciers. Out of the remaining freshwater, the largest proportion:

    (a) is found in the atmosphere as moisture and clouds

    (b) is found in freshwater lakes and rivers

    (c) exists as groundwater

    (d) exists as soil moisture

    Nag River

    • The Nag River is a river flowing through the city of Nagpur in Maharashtra.
    • It is known for providing the etymology for the name Nagpur. It is a part of the Kanhan-Pench river system.
    • The Kanhan River is an important right-bank tributary of the Wainganga River draining a large area lying south of the Satpura range in central India.
    • Along its 275 km run through Maharashtra & Madhya Pradesh, it receives its largest tributary – Pench River, a major water source for the metropolis of Nagpur.
    • It joins the Wardha River, the united stream, which is known as the Pranahita River, empties into the Godavari River at Kaleshwaram, Telangana.

    About the Project

    • The Nag River which flows through Nagpur city, thus giving its name to the city, is now a highly polluted water channel of sewage and industrial waste.
    • The project, approved under the National River Conservation Plan, will be implemented by the National River Conservation Directorate.
    • It will reduce the pollution level in terms of untreated sewage, flowing solid waste, and other impurities flowing into the Nag River and its tributaries.
  • UDAY Scheme for Discoms

    Reforms-Linked, Result-Based Scheme for Distribution’ (RLRBSD)

    The debt burden of discoms is estimated to touch 4.5 lakh crore by the end of 2020-21. This high level of debt underscores the need for reforms in the discoms. With this in view, RLRBSD has been launched by the Centre. The article highlights the issues with this scheme.

    Reforms-Linked, Result-Based Scheme for Distribution’ (RLRBSD)

    • In her FY22 Budget speech, Finance Minister proposed Electricity (Amendment) Bill, 2021, which intends to delicence the distribution business, bring in competition, and give the consumer power to choose her supplier.
    • She also unveiled the Rs 3 lakh crore electricity distribution reform programme to reduce losses and improve the efficiency of discoms.
    •  Against this background, the RLRBSD aims at helping discoms trim their electricity losses to 12-15% from the present level.
    • The aggregate technical and commercial (AT&C) losses and shortfall in the average revenue realisation from the sale of electricity vis-a-vis the average cost of supply or the ACS-ARR gap, are major causes for losses of discoms.
    • Accordingly, the scheme sets the target for both to be achieved by 2025.
    • It also aims to gradually narrow the deficit between the cost of electricity and the price at which it is supplied to ‘zero’ by March 2025.
    • It will also have a compulsory pre-paid and smart metering component to be implemented across the power supply chain, including in about 250 million households.

    Funding for RLRBSD

    • The Centre is expected to contribute around Rs 60,000 crore to the scheme’s corpus.
    • The rest may be raised from multilateral funding agencies such as ADB and World Bank (WB).
    • The Centre’s contribution will be met through the previous commitment of the ongoing schemes, viz. the Integrated Power Development Scheme (IPDS) and the Deen Dayal Upadhyaya Gram Jyoti Yojna (DDUGJY).
    • The funds will be released subject to discoms meeting reform-related milestones.

    Analysing RLRBSD against the context of UDAY

    • Under UDAY, discoms were required to reduce AT&C losses from 20.7% during 2015-16 to 15% by 2018-19.
    • During 2019-20, their AT&C losses were 18.9% against the 15% target for 2018-19.
    • Further, they were to reduce the ACS-ARR gap from Rs 0.59 per unit during 2015-16 to ‘zero’ by 2018-19.
    • The ACS-ARR gap during 2019-20, stood at Rs 0.42 per unit against target of ‘zero’ for 2018-19.
    • Simultaneously, the government gave them a financial restructuring package (FRP).
    • The FRP was nothing but a condoning of discoms’ staggering debt of about Rs 4 lakh crore.
    • Against this backdrop, aims of achieving those targets by 2025 under RLRBSD, which should have been achieved by 2018-19 under UDAY seems difficult.

    3 factors that contribute to  debt of discoms

    • 1) At the root of persistent and increasing losses of discoms is the orders issued by state governments to sell electricity to some preferred consumers, viz. poor households and farmers.
    • Electricity is supplied to these customers either at a fraction of the cost of purchase, transmission and distribution, or even free.
    • On the units sold to these groups, discoms incur colossal under-recovery.
    • 2) This is aggravated by AT&C losses—most of it plain theft.
    • 3) Inflated tariff allowed to independent power plants (IPPs) under purchase agreements adds to the revenue shortfall.

    Consider the question “Why the discoms in India require frequent bail-outs? How far will the Reforms-Linked, Reforms-Based Scheme for Distribution be successful in addressing the woes of discoms?”

    Conclusion

    The problem is entirely political. In a bid to win elections almost every political party promises sops which include, among others, power supply to farmers and poor households at a throwaway price or even free. As long as this effect of populist politics persists, the discoms will continue to be in the red, needing a bailout at frequent intervals.

  • The perils of domicile-based preferential policies

    The Haryana government is considering a Bill that provides for 75 per cent reservation to the residents of the state. This article discusses the challenge such policies poses.

    Domicile-based preferential policies on rise

    • The Haryana government’s State Employment of Local Candidates Bill 2020 reserves 75 per cent of new jobs in private establishments for Haryana residents.
    • Andhra Pradesh has mandated 75 per cent reservation for locals.
    • Karnataka is considering reserving all blue-collar jobs for locals.
    • Madhya Pradesh has announced that public employment in the state be reserved for state residents.

    Constitutionality of such policies

    • The Constitution prohibits discrimination based on place of birth.
    • The right to move freely in the country and reside and settle in any part of it, the right to carry out any trade or profession, are all established rights.
    • Article 16(3) does, in principle, enable Parliament [ not state legislature] to provide for domicile-based preferential treatment in public employment.

    Judicial scrutiny

    • The constitutionality of domicile-based employment preferences (unlike preferences in education) has never been frontally tested.
    • But almost all the existing case law that impinges on the matter clearly indicates such laws are unconstitutional.
    • In Pradeep Jain vs Union of India, the court had indicated this direction; in Kailash Chandra Sharma vs State of Rajasthan, the court had warned against parochialism.
    • The Andhra Pradesh Bill is sub judice in the high court.

    Issues with the policies

    • The Supreme Court will hopefully rule on the constitutionality of the  Haryana government’s Bill.
    • But the Bill has ramifications beyond constitutionality.
    • First, because this kind of constitutional cynicism is now not an exception but has become a contagion.
    • Second, even if the Bill is struck down, such a high wire act is meant to fuel the flames of localism.
    • Third, the Bill now exposes the bad faith of political parties on private sector reservation more generally.
    • Fourth, these bills will open up a new form of competitive ethnic politics.
    • It is odd that a state like Haryana which has benefitted from being part of a cosmopolitan zone like NCR should unilaterally impose reservations.
    • Fifth, there is patent class discrimination: If you are rich, privileged or highly skilled, there are no entry barriers in accessing any labour market.
    • But we shall put entry barriers on lower skilled migrants; our own internal version of an H-1B visa.
    • The greatest damage the Bill does is to increase the discretionary power of the state, almost taking us back to a license permit raj, where companies will have to bargain, or worse, bribe the state for exemptions.
    • This is the antithesis of regulatory reform.

    Consider the question “There have been growing tendencies among the states to pursue domicile-based preferential policies. What are the issues related to such policies?”

    Conclusion

    But the fact that states feel the need to enact these bills is an indictment of the economy as a whole: They suggest a pessimism about both education and job creation. So we have returned to a world of zero sum thinking.

  • Minority Issues – SC, ST, Dalits, OBC, Reservations, etc.

    Haryana’s new Job Quota Rule

    The Haryana government has notified a new law that requires 75% of private-sector jobs in the state, up to a specified salary slab, reserved for a local candidate.

    Haryana’s move has renewed the debate on whether the government force should private companies to adopt its reservation policy in jobs. While constitutional guarantees for reservation have been limited to public employment, attempts to extend it to private sector are not new either.

    Haryana Quota Rule

    • The Haryana State Employment of Local Candidates Bill, 2020 requires private companies to set aside for domiciles 75% of jobs up to a monthly salary of Rs 50,000 or as may be notified by the government.
    • The law is applicable to all companies, societies, trusts, limited liability partnership firms, partnership firms and any person employing 10 or more persons.

    Other states with such laws

    • In July 2019, the Andhra Pradesh government had passed a similar law, which was challenged in court.
    • The Andhra Pradesh High Court had made a prima facie observation that the move might be unconstitutional, but the challenge is yet to be heard on merits.

    What are the legal issues in such laws?

    Two big legal questions come up.

    (1) Question of domicile reservation

    • While domicile quotas in education are fairly common, courts have been reluctant in expanding this to public employment.
    • Last year, the MP government decided to reserve all government jobs for “children of the state”, raising questions relating to the fundamental right to equality of citizens.

    (2) Right to Equality

    • The second question, which is more contentious, is the issue of forcing the private sector to comply with reservations in employment.
    • For mandating reservation in public employment, the state draws its power from Article 16(4) of the Constitution.
    • It says that the right to equality in public employment does not prevent the state from “making any provision for the reservation of appointments or posts in favour of any backward class of citizens which is not adequately represented in the services under the State.
    • The Constitution has no manifest provision for private employment from which the state draws the power to make laws mandating reservation.

    Rationale in bringing such laws

    Providing reservation in public employment is one of the many ways through which the state endeavours to ensure equal opportunity for all citizens.

    • With public sector jobs constituting only a minuscule proportion of all jobs, legislators have talked about extending the legal protections to the private sector.
    • They aim to really achieve the constitutional mandate of equality for all citizens.
    • One argument often made in favour of reservation for private jobs is that private industries use public infrastructure in many ways.
    • A similar argument was made in requiring private schools to comply with the Right to Education Act, which the Supreme Court also upheld.

    Global precedences

    • Affirmative action is adopted in many countries in the context of race and gender.
    • In the US, there is no statutory requirement for employers to have quotas.
    • Courts can order monetary damages and injunctive relief, including “such affirmative action as may be appropriate”, for victims of discrimination.
    • The Employment Equity Act in Canada also protects minority groups, especially aboriginals from discrimination in federally regulated industries, even in the private sector.

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