Note4Students
From UPSC perspective, the following things are important :
Prelims level: Right to reproductive freedom
Mains level: Paper 2- Coercive policy measures to control population
Context
Recently, the government of Uttar Pradesh released a “Population Policy” in which it stated its intention to bring the gross fertility rate in the State down from the existing 2.7 to 2.1 by 2026.
Provisions in the Bill
- This draft law, titled the Uttar Pradesh Population (Control, Stabilisation and Welfare) Bill, 2021, seeks to provide a series of incentives to families that adhere to a two-child norm.
- The Bill also intends on disentitling families that breach the norm from benefits and subsidies.
- It promises public servants who undergo sterilisation and adopt a two-child norm several benefits.
- The draft Bill also contains a list of punishments.
- A person who breaches the two-child norm will be debarred from securing the benefit of any government-sponsored welfare scheme and will be disqualified from applying to any State government job.
- Existing government employees who infringe the rule will be denied the benefit of promotion.
- Transgressing individuals will be prohibited from contesting elections to local authorities and bodies.
Issues with coercive population control policies
1) Counter-productive measure
- Through an affidavit filed in court, the central government argued that “international experience shows that any coercion to have a certain number of children is counter-productive and leads to demographic distortions”.
2) Against international obligations
- India is committed to its obligations under international law, including the principles contained in the International Conference on Population and Development Programme of Action, 1994.
- Foremost in those principles was a pledge from nations that they would look beyond demographic targets and focus instead on guaranteeing a right to reproductive freedom.
3) Against right to reproductive freedom and privacy
- In Suchita Srivastava & Anr vs Chandigarh Administration (2009), the Court found that a woman’s freedom to make reproductive decisions is an integral facet of the right to personal liberty guaranteed by Article 21.
- This ruling was endorsed by the Supreme Court’s nine-judge Bench verdict in K.S. Puttaswamy vs Union of India (2017).
- A reading of the plurality of opinions there shows us that the Constitution sees a person’s autonomy over her body as an extension of the right to privacy.
- A simple reading of U.P.’s draft law will show us that, if enacted, it will grossly impinge on the right to reproductive freedom.
- However, In Javed & Ors vs State of Haryana & Ors (2003), the Court upheld a law that disqualified persons with more than two children from contesting in local body elections.
- But the present UP Bill is far more disproportionate, therefore, the judgment in Javed can no longer be seen as good law.
- The UP government will likely argue that there is no violation of privacy here because any decision on sterilisation would be voluntary.
- But, as we ought to by now know, making welfare conditional is a hallmark of coercion.
- Therefore, the proposed law will fall foul of a proportionality analysis.
4) Negative consequences
- An already skewed sex ratio may be compounded by families aborting a daughter in the hope of having a son with a view to conforming to the two-child norm.
- The law could also lead to a proliferation in sterilisation camps, a practice that the Supreme Court has previously deprecated.
- In Devika Biswas vs Union of India (2016), the Court pointed to how these camps invariably have a disparate impact on minorities and other vulnerable groups.
Way forward
- Experiences from other States in India show us that there are more efficacious and alternative measures available to control the growth of population, including processes aimed at improving public health and access to education.
Conclusion
For one thing, the reasoning of the Bill goes against the Puttaswamy case. But as rousing as the nine-judge Bench verdict is, its legacy depends on how its findings are applied.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Inventory model vs marketplace model
Mains level: Paper 3- Issues with regulation of e-commerce
Context
The proposed Consumer Protection (E-Commerce) Rules, 2020, have been drafted ostensibly in the name of the consumer. The rules are driven more by the desire to shield the traditional brick-and-mortar stores, and handicap e-commerce firms, especially the foreign ones.
Issues with the provisions of draft Consumer Protection (E-Commerce) Rules, 2020
1) Fall-back liability clause is unfair for those operating through marketplace model
- Under this provision, e-commerce entities will be liable in case suppliers on the platform fail to deliver the goods to consumers, causing them a loss.
- E-commerce firms in India operate through either the inventory model or the marketplace model.
- As FDI is permitted only in the marketplace model.
- Under the marketplace model, e-commerce platforms don’t hold inventory, but simply connect buyers and sellers.
- Foreign players typically operate through this model.
- Considering that these platforms exercise little or no control over the inventory under this model, how can they be held liable for the sellers’ actions.
2) Identifying goods based on country of origin and providing fair opportunity to domestic sellers
- The draft rules also require e-commerce platforms to identify goods based on their country of origin.
- And when goods are being viewed for purchase by consumers, the rules also mandate platforms to provide suggestions to ensure “fair opportunity” for domestic sellers.
- This raises the question as to why the Make in India campaign is being pushed through the Consumer Protection Act.
- Surely, if domestic manufacturers are competitive, consumers will automatically gravitate towards them.
- Interests of consumers, not domestic manufacturers, should be at the core of the consumer protection framework.
3) Overlapping/competing jurisdictions
- Data protection: The draft rules have sought to safeguard consumer data by restraining e-commerce firms from sharing consumer data without consent.
- But the data protection should be governed by the provisions under the Personal Data Protection Bill and not the Consumer Protection Act.
- Considering the graded approach that is likely to be adopted under the Data Protection Bill, an e-commerce user’s data could be classified as per its vulnerability and be left under the jurisdiction of the data protection authority.
- Dominant position: The rules also state that e-commerce entities are prohibited from abusing their dominant positions in the market.
- The “abuse of dominant position” has been given the same meaning as that prescribed under Section 4 of the Competition Act, 2002.
- This will open the scope for new consumer protection authority to enter into issues of abuse of dominant position — the domain of the Competition Commission of India.
Consider the question “Over-regulation tends to curb competition and create monopolies instead of ensuring its holistic growth dovetailed with fair competition. In light of this, examine the issues with the draft Consumer Protection (E-Commerce) Rules, 2020?”
Conclusion
The lines of demarcation that have been drawn up in the retail landscape — single brand vs multi-brand, online vs offline, domestic vs foreign — serve only to protect powerful vested interests, not benefit the consumer as is often proclaimed.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: EIA
Mains level: Loopholes in EIA
The union environment ministry has put together an amnesty scheme for infrastructure and industrial projects that have violated environmental clearance (EC) norms for Environment Impact Assessment.
What is the Scheme?
The new amnesty scheme empowers regulatory institutions at both central and state levels:
(1) To identify and report cases of violation
- It refers to identify, examine and appraise violation projects, refraining from causing further environmental damage and also compensating for causing damage to the environment.
(2) To take action against violators in terms of closure or demolition of a project
- It defines three different actions to be taken for the violation projects depending upon their EC status.
- In case the project has not obtained EC, it will be ordered to close its operations.
- If the project has undergone expansion without obtaining EC for the expanded portion, it will be ordered to revert the activity/production to the limit granted in the existing EC.
(3) To levy penalty on them that is akin to the scale of the project
- It entitles the regulatory authorities to levy penalties on the proponent, in addition to the bank guarantee.
Issues with the scheme
- There is also no established procedure to ensure that the complaints made against the violator are not dismissed without hearing.
- This ambiguity in the memorandum leaves scope for a less transparent redressal mechanism.
- The penalties suggested could be termed as legitimating non-compliance.
Criticisms
- Environmental experts argue that such a move to regularise projects, irrespective of size, scale or impact, is purely a political move.
- They regarded this move as weakening the EIA process.
- This will be the largest regularization scheme for projects that have operated illegally in India and added to our total environmental and social burdens.
- Thousands of projects operate in different states without any environmental approval.
Way forward
- Looking at the plethora of violation cases it is imperative to develop such a mechanism.
- However, we should not compromise the existing environmental regulations and adopt a ‘zero tolerance for violation’.
Back2Basics: Environment Impact Assessment
- Environment impact assessment is a process under the Environment (Protection) Act, 1986, which prevents industrial and infrastructural projects from being approved without proper oversight.
- This process ensures that every project should go through the EIA process for obtaining prior environmental clearance.
- EIA covers projects such as mining of coal or other minerals, infrastructure development, thermal, nuclear and hydropower projects, real estate and other industrial projects.
- The projects are assessed based on their potential impact on the environment. Based on the assessments, they are granted or denied environmental clearance by a panel of experts.
Loopholes in draft EIA 2020
- The EIA new draft 2020 allows post-facto clearance.
- This means that even if a project has come up without environmental safeguards or without getting environment clearances, it could carry out operation under the provision of the new draft EIA 2020.
- This is disastrous because we already have several projects that are running without EIA clearances.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Article 311
Mains level: Civil services reforms
Lt Governor has dismissed 11 Jammu and Kashmir government employees for alleged terror links under provisions of Article 311(2)(c) of the Constitution.
What is Article 311?
- Article 311 of the Constitution deals with ‘Dismissal, removal or reduction in rank of persons employed in civil capacities under the Union or a State’.
- Under Article 311(2), no civil servant can be “dismissed or removed or reduced in rank except after an inquiry in which he has been informed of the charges and given a reasonable opportunity of being heard in respect of those charges’’.
- Subsection (c) of the provision, however, says this clause shall not apply “where the President or the Governor, as the case may be, is satisfied that in the interest of the security of the State it is not expedient to hold such inquiry”.
Remedy available
- The only available remedy to a terminated employee is to challenge the government’s decision in the High Court.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Article 340
Mains level: Subcategorization within OBCs
The Union Cabinet has approved of the term of the Commission constituted under Article 340 of the Constitution to examine the issue of Sub-categorization within Other Backward Classes (OBCs) in the Central List.
What is the Sub-categorization of OBCs?
- OBCs are granted 27% reservation in jobs and education under the central government.
- In September 20202, a Constitution Bench of the Supreme Court reopened the legal debate on the sub-categorization of SCs and STs for reservations.
- The debate arises out of the perception that only a few affluent communities among over 2,600 included in the Central List of OBCs have secured a major part of this 27% reservation.
Need for sub-categorization
- The argument for sub-categorization — or creating categories within OBCs for reservation — is that it would ensure “equitable distribution” of representation among all OBC communities.
- To examine this, the Rohini Commission was constituted on October 2, 2017.
- At that time, it was given 12 weeks to submit its report but has been given several extensions since, the latest one being the 10th.
- Before the Rohini Commission was set up, the Centre had granted constitutional status to the National Commission for Backward Classes (NCBC).
Why so many extensions are being given?
- In process of preparing the sub-categorized central list of OBCs, the Commission has noted several ambiguities in the list as it stands now.
- The Commission is of the opinion that these have to be clarified/rectified before the sub-categorised central list is prepared.
- A hurdle for the Commission has been the absence of data for the population of various communities to compare with their representation in jobs and admissions.
- Many groups of OBCs have been demanding enumeration of OBCs in the Census.
Back2Basics: Article 340
- Article 340 of the Indian Constitution lays down conditions for the appointment of a Commission to investigate the conditions of the backward classes.
- The President may by order appoint a Commission consisting of such persons as he thinks fit to investigate the conditions of socially and educationally backward classes within the territory of India.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Gram Nyayalayas Scheme
Mains level: Not Much
The Union Cabinet has approved the continuation of the Centrally Sponsored Scheme (CSS) for the Development of Infrastructure Facilities for Judiciary. It also approved the decision to support the Gram Nyayalayas by proving recurring and non-recurring grants for a period of 5 years with a total outlay of Rs 50 crores.
About the Scheme
- A Centrally Sponsored Scheme (CSS) for Development of Infrastructure Facilities for Judiciary has been in operation since 1993-94.
- Adequacy of judicial infrastructure is critical for the reduction of pendency and backlog of cases in Courts.
- The primary responsibility of infrastructure development for the subordinate judiciary rests with the State Governments.
- The present proposal provides for additional activities like the construction of lawyer halls, toilets complexes and digital computer rooms.
- This will add to the convenience of lawyers and litigants besides reducing the digital divide.
Why such a move?
- Adequacy of judicial infrastructure is critical for the reduction of pendency and backlog of cases in Courts.
- Several courts are still functioning in rented premises with insufficient space and some in dilapidated conditions without basic amenities.
- Well-equipped judicial infrastructure facilitates the administration of justice in a manner that allows easy access and timely delivery of justice to all.
What is Gram Nyayalayas Scheme?
- Gram Nyayalayas were established for speedy and easy access to the justice system in the rural areas across the country.
- The Gram Nyayalayas Act came into force on October 2, 2009.
- In terms of Section 3(1) of the Act, it is for the State Governments to establish Gram Nyayalayas in consultation with the respective High Courts.
- The Act authorizes Gram Nyayalaya to hold a mobile court outside its headquarters.
- Some major reasons behind the non-enforcement include financial constraints, the reluctance of lawyers, police and other government officials.
Features of the Gram Nyayalayas
- Gram Nyayalaya is established generally at headquarter of every Panchayat at the intermediate level or a group of contiguous panchayat in a district where there is no panchayat at an intermediate level.
- The Gram Nyayalayas are presided over by a Nyayadhikari, who will have the same power, enjoy the same salary and benefits of a Judicial Magistrate of First Class.
- Such Nyayadhikari is to be appointed by the State Government in consultation with the respective High Court.
Jurisdiction
- A Gram Nyayalaya have jurisdiction over an area specified by a notification by the State Government in consultation with the respective High Court.
- The Court can function as a mobile court at any place within the jurisdiction of such Gram Nyayalaya, after giving wide publicity to that regard.
- The Gram Nyayalayas have both civil and criminal jurisdiction over the offences and nature of suits specified in the First, Second and Third schedule of the Act.
- The pecuniary jurisdiction of the Nyayalayas are fixed by the respective High Courts.
- Appeals in criminal matter can be made to the Sessions Court in the respective jurisdiction and in civil matters to the District Court within a period of one month from the date of judgment.
Trials
- Gram Nyayalayas can follow special procedures in civil matters, in a manner it deem just and reasonable in the interest of justice.
- Civil suits are proceeded on a day-to-day basis, with limited adjournments and are to be disposed of within a period of six months from the date of institution of the suit.
- In execution of a decree, the Court can allow special procedures following rules of natural justice.
- Gram Nyayalayas allow for conciliation of the dispute and settlement of the same in the first instance.
- They have been given the power to accept certain evidence which would otherwise not be acceptable under the Indian Evidence Act.
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