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  • Construction and demolition waste

    Construction and demolitionContext

    • Huge amounts of construction and demolition waste in a residential area is hazardous for human health and warrants immediate disposal.

    Why in news?

    • The Twin towers in Noida, Uttar Pradesh were demolished by controlled implosion. Their being located in a residential neighbourhood of Noida makes it even more essential to introduce interventions to mitigate pollution and waste, post-demolition.

    What is construction and demolition waste?

    • Construction and demolition wastes (CDW) are the status of building materials after the end life of buildings. CDW could be concrete, steel, wood products, asphalt shingles, and bricks from building.

    What is waste management?

    • Waste management refers to the activities and actions required to manage waste from its start till its disposal. This includes collection, transport, treatment and disposal of waste together with monitoring and regulation.

    Construction and demolitionWhy they should be managed properly?

    • Waste management and diligent planning becomes critical for regulation of humongous solid waste being generated every day. With growing urbanization and rise of smart cities on the offing the issue of solid waste management becomes even more imperative.

    Data to remember

    62 million tons of waste is generated annually in the country at present.

    India manages to recover and recycle only about 1 per cent of its construction and demolition (C&D) waste, says new CSE analysis.

    Construction and demolitionWhat are the impacts of construction waste on the environment and human health?

    • Air: Disassembling and shredding of construction waste generate dust or large particulates into the surroundings and affects the respiratory health of waste management workers and others.
    • Water: (Landfills are not properly designed to hold construction waste + Illegal dump sites + Improper recycling & disposal of e-waste) = compounds leach into the ground = Groundwater gets toxified due to heavy metals from demolition waste.
    • Soil: Soil is contaminated by direct contact with contaminants from construction waste or its by-products from recycling & disposal + indirectly through irrigation. Soils become toxic when substances such as lead, mercury, cadmium, arsenic, and polychlorinated biphenyl’s (PCBs) are deposited in landfills. Contaminated soils have bad impacts on microbes and plants => the pollutants reach higher animals or humans through the food chain.

    Construction And Demolition Waste Management Rules, 2016 – Salient Features

    1.Duties of waste Generators

    • Construction and demolition waste must be separated by each waste generator, and it must be deposited at a collection site or given to authorised processing companies.
    • Should take care to prevent any trash or depositing that could block vehicles, the general public, or drains.
    • Before beginning building, demolition, or remodelling work, large generators (those that create more than 20 tonnes or more in a single day or 300 tonnes per project in a month) must submit a waste management plan and obtain the necessary approvals from the local authorities.
    • Large generators must have an environmental management strategy to address any environmental problems resulting from building and demolition work, storage, transportation, and waste disposal and recycling.
    • The waste from large generators must be divided into four streams, including concrete, soil, steel, wood, and plastics, as well as bricks and mortar.
    • The appropriate fees for collection, transportation, processing, and disposal must be paid by large generators according to the notices issued by the competent authorities.

    2.Duties of Service providers and Contractors

    • Within six months of the rules’ notification, the service providers are required to develop a thorough waste management plan for the waste produced under their control.
    • They must also remove all construction and demolition waste independently or through a third party after consulting with the relevant local authority.

    3.Duties of State Government and Local Authorities

    • Within one and a half years after the date of the final notice of these regulations, the responsible State Government department dealing with land should offer suitable locations for the establishment of the storage, processing, and recycling facilities for construction and demolition waste.
    • In order to prevent long-term disruption of the processing plant, the Town and Country Planning Department must include the location in the authorised land use plan.
    • In municipal and government contracts, materials created from building and demolition waste must be purchased and used to the tune of 10–20%.
    • The local authority must install suitable bins for garbage collection, removal at regular intervals, and transportation to suitable facilities for processing and disposal.
    • Large generators of construction and demolition waste must submit a comprehensive plan or undertaking before Local Authorities may approve the waste management plan;
    • Seek help from the relevant authorities for the safe disposal of any nuclear waste or building and demolition debris contaminated with hazardous or toxic materials from industry;
    • Local Authorities must provide the generator with the necessary incentives for salvaging, processing, and/or recycling, preferably on-site;
    • Million plus cities (based on the 2011 Indian census) must commission the processing and disposal facility within 1.5 years of the date of final announcement of these regulations.
    • Local Authorities will build a database and update it once a year.

    4.Duties of Central Pollution Control Board, State Pollution Control Board or Pollution Control Committee

    • Construction and demolition waste management operating rules must be created by the Central Pollution Control Board.
    • The construction and demolition waste processing plant will receive authorization from SPCB.
    • The involved local bodies will keep an eye on how these guidelines are being applied.
    • Send an annual report to the State Government and the Central Pollution Control Board.

    Construction and Demolition Waste Management – Concerns

    • In spite of the aforementioned, industry and state pollution control boards operate poorly.
    • In India, between 25 and 30 million tonnes of C&D waste are produced each year, but barely 5 percent of it gets treated.
    • It is noteworthy that dirt, sand, and gravel make up 36% of C&D waste. This waste affects soil fertility and poses a threat to public health in cities.
    • The almost total lack of recycling also violates India’s obligations to reduce carbon emissions.
    • The need to recycle C&D waste is critical.
    • This is due to the fact that widespread sand mining is already eroding river beds and ultimately aggravating flood damage.

    Some positive suggestions

    • Need robust estimation and characterisation of C&D waste to design systems for material recovery: Cities need comprehensive assessment and quantification of C&D waste generation, to plan adequate infrastructure and systems for treatment and management.
    • Need of documentation: Cities must create easily accessible databases of buildings and their physical and legal attributes. Construction/demolition permits need to be inventorised with associated waste management plans attached.
    • Preparing for waste management from new generation material: Expanded polystyrene insulation (EPS), Styrofoam, plastic spacers, bituminous material and asbestos embedded within new wall assemblies are a recycling challenge. This needs special attention.
    • Infrastructure projects need to set up their own recycling facilities: DMRC has done so. Concrete can be easily recycled. Butt excavated waste is a challenge. Other infrastructure projects like highway and roadwork find recycling of bituminous material waste challenging. Globally, proactive prevention of waste is undertaken through modification of existing on site construction practices etc.
    • Responsibility of the construction Industry: The current system provides no incentive to the construction agencies for managing their own waste via waste reduction and on-site reuse and recycling. The Rules have created a push by creating a legal requirement for waste management but the financial drivers are missing. This requires fiscal strategy.

    Conclusion

    • Environmental and material challenges associated with the Construction and Demolition waste problem need urgent and immediate attention nation-wide to recover material, protect environment, and for clean air.

    Mains question

    Q. India manages to recover and recycle only about 1 per cent of its construction and demolition waste analyse the constraints in it. Also suggest some positive measures to address this challenge.

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  • How to tackle the unpredictability of UPSC for IAS Prelims 2023-24? | Inside- video session by Santosh sir. Get a FREE mentorship call.

    How to tackle the unpredictability of UPSC for IAS Prelims 2023-24? | Inside- video session by Santosh sir. Get a FREE mentorship call.

    schedule a FREE call with santosh sir | Get notes + mentorship session for free

    Is there any doubt that UPSC Prelims is the toughest stage? It is the great filter that weeds out the not-so-serious candidates but at times many serious ones too.

    Candidates need to hammer on the importance of logical thinking, develop an exam hall-specific mindset, and the art of intelligent guessing with good preparation as essential ingredients to crack the prelims exam for quite some time.

    Santosh sir here in this video gives explains why you should start preparing for UPSC 2023 right now. He touches upon five variables/factors that a student must consider at this moment: The Time factor, Priorities, Efforts, Guidance/Mentorship, and the most important of all- Right approach. Watch the video below.

    What he talks about in this video:

    A. 10+10+10 questions rule
    B. Balancing and using Knowledge vs Logic in attempting questions
    C. 4 types of questions and different types of logic
    D. Quantifying mistakes

    schedule a call with santosh sir | Get notes + mentorship session for free

    How to bounce back from failure in Prelims

    While there could be many reasons for failing in Prelims like insufficient syllabus coverage, mocks or test series not attempted, no proper planning, lack of conceptual understanding, etc but the major one is lack of guidance, preparation analysis, and course correction at regular intervals.

    To tackle all these Santosh sir, the mentor in chief for the CD Prelims program talks about 7 steps to smashing IAS Prelims

    1. Revising and covering syllabus through small measurable targets
    2. Make Short and smart notes of most important and relevant keywords/topics
    3. Attempting and analyzing past year UPSC Prelims papers (2000- 2022)
    4. Attempt Test:  Logical approach
    5. Analysis of the Mistakes: Fewer mistakes > Higher score through FCA/E approach 
    6. Revision of the topics where you made mistakes
    7. Analysis of the test, revision and discussion with Santosh sir
    Tavishi failed thrice in the Prelims before but after joining Santosh sir’s mentorship cleared Prelims 2022 in her 4th attempt. Schedule a call with Tavishi’s mentor

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    You are 8 times more likely to clear Prelims 2023 with Santosh sir’s mentorship

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    About Santosh Gupta sir

    Santosh Gupta sir has scored above 140 twice in UPSC prelims and always 120 plus in all 6 attempts. He wrote all 6 mains and appeared for Interviews 3 times. He has qualified UPSC EPFO and BPSC 56-59th also. He has been teaching and mentoring UPSC aspirants for the last 5 years.

    SCHEDULE A FREE MENTORSHIP CALL FOR PRELIMS 2023 | GET SANTOSH SIR’S NOTES | CLICK AND FILL UP THE FORM

    Success Stories by the students of Santosh sir

    From failing twice-thrice to clearing Prelims 2022
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  • Strong gender norms of japan reducing gender equality

    Gender norms Context

    • Japan ranked lowest among the developed countries in the World Economic Forum’s Global Gender Gap Index 2022 due to its prevalent gender norms.

    What Is a Gender-equal Society?

    • A society in which both women and men shall be given equal opportunities to participate voluntarily in activities in all fields as equal partners, and be able to enjoy political, economic, social and cultural benefits equally as well as to share responsibilities.

    What is sexism in simple words?

    • Prejudice or discrimination based on sex especially discrimination against women. Behaviour, conditions, or attitudes that foster stereotypes of social roles based on sex.

    What is the meaning of gender norms?

    • Gender norms are social principles that govern the behaviour of girls, boys, women, and men in society and restrict their gender identity into what is considered to be appropriate. Gender norms are neither static nor universal and change over time.

    Gender norms Persistent gender norms in japan

    • Men should work outside the home.
    • Genders should be brought up differently.
    • Women are more suited to household work and child rearing than men.
    • Full time housewives are valuable to society because of their family raising role.

    What is womenomic’s?

    • “Womenomics”, a theory linking the advancement of women to increased development rates. The concept, originally defined by the Japanese Prime Minister Abe.

    What is women’s empowerment all about?

    • Women’s empowerment can be defined to promoting women’s sense of self-worth, their ability to determine their own choices, and their right to influence social change for themselves and others.

    gender norms

    Measures toward the Realization of a Gender-equal Society

    • Promoting the Participation of Women in National Advisory Councils and Committees.
    • Recruiting and Promoting of Female National Public Officers.

    What is needed to improve women’s welfare?

    • Community sensitization: Persistent effort must be directed toward community sensitization to root out patriarchal social norms.
    • Directional efforts: In addition to enforcing existing regulations like minimum wages, there must be supportive ancillary policies including childcare; secure transport; lighting; safety at work; and quotas in hiring, corporate boards, and politics to foster more  women  in  leadership.

    Key fact

    Japan is the world’s fourth largest economy.

    Conclusion

    • Due to the labour shortage in Japan, women are undoubtedly an essential resource for the nation. Hence, they should also be further involved in policy-making and social decisions such as gender inequality solving and feasible Womenomic’s adjustments for the next future.

    Mains question

    Q. Japan’s struggle with gender parity teaches us that investing in women’s education and health may have limited impact if that society is trapped in gender norms that restrict women from capitalising these investments for themselves, the society and the country. Critically analyse.

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  • [Sansad TV] Perspective: How to write a Judgement

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    Context

    The Supreme Court of India has delivered a judgement on how to write a judgement!  A bench comprising Justices DY Chandrachud and AS Bopanna made this crucial observation while dealing with a judgment of the Himachal Pradesh High Court which was found to be “incomprehensible“.

    • Judgment writing is a critical instrument in fostering the rule of law and in curbing rule by the law.
    • That was the assertion made by the Supreme Court recently while delivering a judgment on how to write a judgment.

    How can judges ensure lucidity in writing judgments? How can judgments be more structured? These are aspects on which the apex court has given directions.

    Writing a Judgement

    • A bench of Justices DY Chandrachud and AS Bopanna noted that the purpose of judicial writing is:
    • Not to confuse or confound the reader behind the veneer of complex language
    • Judgments speak to the present and to the future in settling crucial issues of law, besides providing a platform for societal dialogue.
    • Setting down guidelines for judicial writing, the two-judge bench underlined that confidence in the judicial process is predicated on the trust that its written word generates.
    • If the meaning of the written word is lost in language, the ability of the judge to retain the trust of the reader is severely eroded.

    Guidelines for making a judgment

    [A] A judgment is a manifestation of reason

    • A judgment culminates in a conclusion. But its content represents the basis for the conclusion.
    • A judgment is hence a manifestation of reason.
    • The reasons provide the basis of the view which the decision maker has espoused, of the balances which have been drawn.
    • That is why reasons are crucial to the legitimacy of a judge’s work.
    • They provide an insight into judicial analysis, explaining to the reader why what is written has been written. The reasons, as much as the final conclusion, are open to scrutiny.
    • The validity of the decision is tested by the underlying content and reasons.

    [B] A judgment speaks to the present and to the future

    • Judicial outcomes taken singularly or in combination have an impact upon human lives.
    • Hence, a judgment is amenable to wider critique and scrutiny, going beyond the immediate contest in a courtroom.
    • Citizens, researchers and journalists continuously evaluate the work of courts as public institutions committed to governance under law.
    • Judgment writing is hence a critical instrument in fostering the rule of law and in curbing rule by the law.

    [C] Judgment writing is a layered exercise

    • Judgment writing is a layered exercise. In one layer, a judgment addresses the concerns and arguments of parties to a forensic contest.
    • In another layer, a judgment addresses stakeholders beyond the conflict.
    • It speaks to those in society who are impacted by the discourse.
    • In the layered formulation of analysis, a judgment speaks to the present and to the future.
    • Whether or not the writer of a judgment envisions it, the written product remains for the future, representing another incremental step in societal dialogue.

    [D] Brevity is an unwitting victim of an overburdened judiciary

    • Brevity means concise and exact use of words in writing a judgment.
    • Many judgments do decide complex questions of law and of fact.
    • Hence Brevity is an unwitting victim of an overburdened judiciary.
    • It is also becoming a victim of the cut-copy-paste convenience afforded by software developers.

    Issue, Rule, Application and Conclusion: IRAC Method of Judgment Writing

    In terms of structuring judgments, it would be beneficial for courts to structure them in a manner such that the “Issue, Rule, Application and Conclusion” are easily identifiable.

    1. Issue: It refers to the question of law that the court is deciding. A court may be dealing with multiple issues in the same judgment. Identifying these issues clearly helps structure the judgment and provides clarity for the reader on the specific issue of law being decided in a particular segment of a judgment.
    2. Rule: It refers to the portion of the judgment which distils the submissions of counsel on the applicable law and doctrine for the issue identified.
    3. Application: This rule is applied to the facts of the case in which the issue has arisen. The analysis recording the reasoning of a court forms the “Application‟ section.
    4. Conclusion: Finally, it is always useful for a court to summarize and lay out the “Conclusion‟ on the basis of its determination of the application of the rule to the issue along with the decision vis-à-vis the specific facts. This allows stakeholders, especially members of the bar as well as judges relying upon the case in the future, to concisely understand the holding of the case.

    Significance of lucid judgments

    • Judgments of the High Courts and the Supreme Court serve as precedents to guide future benches.
    • A judgment must make sense to those whose lives and affairs are affected by the outcome of the case.
    • While a judgment is read by those as well who have training in the law, they do not represent the entire universe of discourse.
    • If the meaning of the written word is lost in language, the ability of the adjudicator to retain the trust of the reader is severely eroded.

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  • How to write a UPSC Mains Answer in just 7 minutes? | Essential for 450+ marks in GS Mains | Attend FREE Masterclass by Rajat Tripathi, in-service officer, IP&TAFS, UPSC 2019. Register for the recorded *VIDEO

    How to write a UPSC Mains Answer in just 7 minutes? | Essential for 450+ marks in GS Mains | Attend FREE Masterclass by Rajat Tripathi, in-service officer, IP&TAFS, UPSC 2019. Register for the recorded *VIDEO

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    Mains exam not only demands our memory and intelligence but also endurance. If you lack previous practice, writing relentlessly for 6 hours a day and doing it for 5 days will lead to mental and physical exhaustion. The only way to overcome this is to practice enough before the final exam. 

    Remember, you need to develop the ability to quickly read questions and organize your answer in your mind in just 60 seconds. And now you will be able to write a mark-leaving answer in 7 minutes

    Perfectionism is your enemy. If you keep referencing countless sources to make “perfect notes”, if you keep putting off your mock tests to write the “perfect exam”, this mindset will lead you to ruin. Getting a good score in Mains means attempting questions with some excellent answers, some good ones, and many above averages. So instead of waiting for that elusive perfection, start imperfect and then keep improving.

    Masterclass Concluded on 28th August, (Sunday) at 7 PM.

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    Important points were discussed in the recorded video?

    1. How to write a UPSC Mains answer in 7 mins?

    You will never feel satisfied with your mains preparation and always have a nagging tendency to just keep studying and delay writing answers or skip the upcoming exam. So, how to overcome this reluctance through conscious effort? Suppose you can’t finish the syllabus before a mock test, you can postpone your exam by a day or two, but don’t skip it completely.

    2. How to develop a process during practice sessions to gradually reduce the time from 20-30 mins? 

    General studies claim only a peripheral understanding of a broad set of topics. So it is very important that you try to acquire minimum adequate knowledge on various subjects instead of obsessively focusing on one subject.

    3. How to start practicing daily? 

    If you’re really confused about how to start or where to start answer writing for mains, you must attend this masterclass. We will elaborate on how to check the past five years’ question papers to understand the breadth and depth of questions that UPSC usually asks. This will give you a better view of what is necessary and what is not.

    4. What are the different parameters and factors one must consider while tackling a UPSC Mains question?

     For all subjects, should you need to focus on current affairs over it, especially for GS-2 and GS-3? For all 4 GS papers, What is the nucleus? Etc. will be discussed.

    5. How to make notes so one can write a UPSC answer from them?

    In GS, there will be very few questions where you have no clue. Even if you only have a vague idea, that will save you. So, how to make curated notes with those generic points from that you can write answers from different angles?

    6. When to use a diagram, case studies, and examples in an answer?

    In GS papers, a map/diagram/case study is the most effective tool for your illustration. But random use of them won’t fetch you marks. So, when to use them, how to practice it enough that you are able to draw and label it in under 60 seconds.

    7. Different types of frameworks for a UPSC Mains answer.

    With 1000 numbers across four letters of mains, GS feels like a giant, impassable mountain. So, you have to be ready for the worst. In our super masterclass, we cover what is the perfect approaches for certain directives like ‘discuss/ critically discuss’ etc.

    CLICK AND REGISTER FOR THE FREE recorded MASTERCLASS BY RAJAT TRIPATHI ON HOW TO WRITE A UPSC MAINS ANSWER IN 7 MINS?

    About Rajat Tripathi:

    Rajat is currently serving in the Accounts and Finance Service (CSE 2019). He completed his chemical engineering and, joined Mckinsey & Co. right out of college. Worked there for six years in their oil and gas division. Was fortunate enough to travel to several countries.

    He was able to clear the exam on his first attempt while working full-time with Mckinsey.

    Apart from helping students with main answer writing, essay, and ethics case studies, he can also help needy students formulate study plans, manage time and guide full-time working candidates on how to best use online material to crack the exam.

    In his free time, Rajat enjoys listening to music and cycling.

    What The Hindu mentioned about Civilsdaily Mentorship

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  • Right to privacy after 5 years

    right to privacyContext

    • Data privacy breaches which result in the loss and theft of personal, sensitive data have not reduced in terms of measurable frequency or their impact.
    • It has been 5 years since the nine-judge Supreme Court bench delivered the judgment in the Puttaswamy case. It asserted that Indians have a constitutionally protected fundamental right to privacy.

    Right to Privacy can be defined as

    • A right to be let alone;
    • The right of a person to be free from any unwarranted publicity;
    • The right to live without any unwarranted interference by the public in matters with which the public is not necessarily concerned.

    right to privacyDefinition of data

    • Data is a collection of discrete values that convey information, describing quantity, quality, fact, statistics, other basic units of meaning, or simply sequences of symbols that may be further interpreted.

    What is Data Protection?

    • Data protection refers to policies and procedures seeking to minimise intrusion into the privacy of an individual caused by collection and usage of their personal data.

    What is data privacy?

    • Data privacy refers to controlling access to the data. Organizations must determine who has access to data. Understandably, a privacy breach can lead to data security issues.

    What is data security?

    • Data security refers specifically to measures taken to protect the integrity of the data itself against manipulation and malware. It provides defense from internal and external threats.

    Why we need data protection?

    • Increasing internet use: India currently has over 750 million Internet users, with the number only expected to increase in the future.
    • Data breaches: At the same time, India has among the highest data breaches in the world. Without a data protection law in place, the data of millions of Indians continues to be at risk of being exploited, sold, and misused without their consent.
    • Individual privacy: Data monetization may happen at cost of individual privacy. The most sought-after datasets are those that contain sensitive personal data of individuals, ex. medical history, financial data.

    right to privacy
    Issues with the data breaches in India

    • Violation of the right to privacy: The right to privacy was recognized as a fundamental right, included under the right to life and liberty by the Supreme Court of India in 2017.
    • Absence of legal framework: Without a law in place to regulate data collection and to act as an oversight mechanism, valid concerns about privacy and other rights violations continue to arise.
    • High Infrastructural Costs: Technologies like Artificial Intelligence and Big Data are costly to implement. The size of stored information is extremely large and requires huge network & data storage facilities, which are currently not available in India.
    • The concern of Data Leakage: In today’s world of cybercrime, it is important to put appropriate safeguards in place in order to ensure the integrity of the repository/database, so that it doesn’t leak out the information and is not privatized or monetized.
    • Reliability & Authenticity: As the data collected may be used in the court of law during the course of a criminal trial, the reliability and the admissibility of the data along with standards and procedures followed would be taken into consideration. Hence, the authenticity of the data is crucial.

    Conclusion

    • Today, there is a relentless pace of digitisation that relies on gathering personal data in all spheres of our lives. All of this is done in a legal vacuum without any oversight or remedy. This underscores the urgent need for robust data protection law.

    Mains question

    Q.  What do you understand by the term data privacy? Explain how data leakages threatens the sacred right to privacy?

     

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  • AFSPA

    AFSPAContext

    • While AFSPA is repealed in 28 districts in Assam, 7 districts in Nagaland and 6 in Manipur, NSF president Kegwayhun Tep said that it should be repealed in all Northeastern states .

    What is Armed Forces (Special Powers) Act, 1958?

    • Armed Forces Special Powers Act, to put it simply, gives armed forces the power to maintain public order in “disturbed areas.”
    • AFSPA gives armed forces the authority use force or even open fire after giving due warning if they feel a person is in contravention of the law.
    • The Act further provides that if “reasonable suspicion exists”, the armed forces can also arrest a person without warrant; enter or search premises without a warrant; and ban the possession of firearms.

    AFSPA: A Backgrounder

    • The AFSPA, 1958 came into force in the context of insurgency in the North-eastern States decades ago.
    • It provides “special power” to the Armed Forces applies to the Army, the Air Force and the Central Paramilitary forces etc.
    • It has been long contested debate whether the “special powers” granted under AFSPA gives total immunity to the armed forces for any action taken by them.

    AFSPAWhat are the Special Powers?

    • Power to use force: including opening fire, even to the extent of causing death if prohibitory orders banning assembly of five or more persons or carrying arms and weapons, etc are in force in the disturbed area;
    • Power to destroy structures: used as hide-outs, training camps, or as a place from which attacks are or likely to be launched, etc;
    • Power to arrest: without warrant and to use force for the purpose;
    • Power to enter and search premises: without a warrant to make arrest or recovery of hostages, arms and ammunition and stolen property etc.

    Who can declare/notify such areas?

    • The Central Government or the Governor of the State or administrator of the Union Territory can declare the whole or part of the State or Union Territory as a disturbed area.

    AFSPAIssues with AFSPA

    • Power to kill: Section 4 of the Act granted officers the authority to “take any action” even to the extent to cause the death.
    • Sexual Misconduct by Armed Forces: The issue of violation of human rights by actions of armed forces came under the consideration of the Committee on Amendments to Criminal Law (popularly known as Justice Verma Committee) set up in 2012. It observed that- in conflict zones, legal protection for women was neglected.
    • Autocracy: The reality is that there is no evidence of any action being taken against any officer of the armed forces or paramilitary forces for their excesses.

    Recommendations to repeal AFSPA

    • Justice B.P. Jeevan Reddy Commission: The 2004 Committee headed by Justice B.P. Jeevan Reddy, the content of which has never officially been revealed by the Government, recommended that AFSPA be repealed.
    • ARC II: The Administrative Reforms Commission in its 5th Report on ‘Public Order’ had also recommended that AFSPA be repealed.

    Why AFSPA should be repealed?

    • Human right violations: The repeal of AFSPA is necessary not just for restoring constitutional sanity, but also as a way of acknowledging dark history of our conduct in Nagaland.
    • Need for ensuring individual dignity: The political incorporation of Nagaland (and all other areas where this law applies) will be set back if the guarantees of individual dignity of the Indian Constitution are not extended.
    • Not state of exception: We often describe AFSPA in terms of a “state of exception”. But this theoretical term is misleading. How can a law that has been in virtually continuous existence since 1958 be described as an “exception”.
    • Lack of human empathy: At the heart of AFSPA is a profound mutilation of human empathy.

    Conclusion

    • To bring in lasting peace in the North East, the government needs to avoid the trap of watered-down peace accords. While the move to withdraw AFSPA is welcome, it needs to be gradually erased. For that, changes in the ground situation would be crucial. Mere smoke signals or drum-beating can never do the job.

    Mains question

    Q. Do you think AFSPA is license to kill? Critically examine the utility of AFSPA today.

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