Note4Students
From UPSC perspective, the following things are important :
Prelims level: SECC
Mains level: Paper 2- Importance of caste data
Context
Last month, the Supreme Court upheld the 27% quota for Other Backward Classes (OBC) in the All-India Quota seats for the National Eligibility-cum-Entrance Test and reiterated that reservations for backward classes were not an exception but an extension of the principle of equality under Article 15(1) of the Constitution.
Multiple dimensions of reservation
- The judgment highlighted how open competitive exams give the illusion of providing equal opportunity in ignorance of the widespread inequalities in educational facilities, the freedom to pursue such education, and societal prejudices.
- Psychological and social effects: The Court pointed out how such disparities are not limited to the issue of access to good education or financial constraints alone, but also to the psychological and social effects of inherited cultural capital (communication skills, books, accent, academic accomplishments, social networks, etc.), which ensures the unconscious training of upper-caste children for high-grade performance.
- The Constituent Assembly held a similar philosophy while introducing constitutional provisions which enable the government to make special provisions for the uplift of the “lower castes”.
Importance of justifiable data
- The politicisation of issue: Political parties often promise reservation for communities on being brought to power without any credible data collection exercises to justify the decision.
- It can be said that the faith of our citizens cannot be restored until credible exercises of data collection are undertaken regarding caste.
- Lack of data on OBC: Even though data concerning the Scheduled Castes and Scheduled Tribes have been included in the Census, there is no similar data on OBCs.
- Proper assessment: In the Indra Sawhney case, the Supreme Court held that the States must conclude the “backwardness” of a particular class of people only after proper assessment and objective evaluation.
- It held that such a conclusion must be subject to periodic review by a permanent body of experts.
- The National Commission for Backward Classes Act, 1993, provides under Section 11 that the Central government may every 10 years revise lists with a view to exclude those classes which have ceased to be backward and include new backward classes.
- This exercise has not been done to date.
- Impartial data and subsequent research might save the bona fide attempts of the uplift of the most backward classes from the shadow of caste and class politics and be informative to people on both sides of the spectrum – for and against reservation.
- Calls for caste data in Census: Last year, many calls were made for the inclusion of caste data (including that of the OBCs) in the 2021 Census, and the matter reached the Supreme Court.
- However, the government took the stand that the 2011 SECC was “flawed” and is “not usable”.
Conclusion
Caste data will enable independent research not only into the question of who does and does not need affirmative action but also into the effectiveness of this measure.
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From UPSC perspective, the following things are important :
Prelims level: Sagaing region
Mains level: Paper 2- India-Myanmar relations
Context
One year ago, the military in Myanmar attempted to grab power from the elected civilian government in a dramatic coup. Meanwhile, the deposed civilian lawmakers who were elected in free-and-fair elections in November 2020 put together their own government known as the National Unity Government (NUG).
The current situation in Myanmar
- The coup faced popular resistance from the first day, with mass protests bringing the country to a halt.
- According to the Assistance Association for Political Prisoners, as of January 28, 1,499 civilians have been killed in Myanmar since the coup.
- Dozens of civilian militias, called People’s Defence Forces (PDF), now armed with more sophisticated weapons, mushroomed in nearly every region and state.
- Today, the military is having to fight on multiple fronts, as even powerful ethnic armed groups in the north, northwest, and east have joined forces with the PDFs.
India’s approach towards situation in Myanmar
- Balanced approach: Since the coup, India has taken a balanced diplomatic approach on Myanmar, calling for restraint, restoration of democracy, and release of political prisoners, but also maintaining its lines of communication with the military.
- Avoiding sanctions: India has also firmly stayed away from imposing sanctions on the junta.
Why does India need to recalibrate its approach?
- The last 12 months have made it clear that the military is incapable of providing the kind of political, economic, and social stability that India needs in Myanmar to advance its interests, including development projects.
- Public faith in the military as a state institution is at its lowest.
- Northeastern border issue: For New Delhi, India’s Northeastern border with Myanmar remains on top of the bilateral agenda.
- However, even on this, the military has damaged whatever semblance of stability was left.
- Sagaing region, which borders three Northeast Indian states, has seen the highest number of clashes so far.
- Chin state, bordering Mizoram and Manipur, has seen dramatic military offensives in civilian areas, which have forced thousands to flee into India.
- The Myanmar military has roped in Manipuri insurgents as mercenaries to attack anti-junta forces, in exchange for safe haven.
Way forward
- New Delhi must reconsider its partnerships in Myanmar and invest in those entities that can not only provide a stable political environment overall but also effectively secure its security interests along the border.
- The NUG enjoys much more mass popularity than the military, which means it is in a position to restore calm.
- China has strong links with ethnic armed groups in northern Myanmar, but not with the new PDFs.
- So, if India really wants to offset Chinese influence in Myanmar, it needs to take this opportunity to forge new friendships.
Conclusion
It is time India rapidly expanded its links with these entities, instead of playing by the old rules.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Article 332
Mains level: Paper 2- Reservation for STs in Jammu and Kashmir
Context
The Jammu and Kashmir Delimitation Commission has recently shared its interim report. One of the salient features of the report is the proposed reservation of nine seats for Scheduled Tribes (ST).
Reservation for STs in Legislative Assembly
- It is for the first time that seats have been reserved for the ST community in the Legislative Assembly of J&K.
- The commission has also proposed reserving seven seats for Scheduled Castes (SCs).
- In the erstwhile Legislative Assembly, there were also seven seats reserved for SCs, but there was no such reservation for STs.
- This denial of constitutionally guaranteed reservation under Article 332 post-1991 when four communities (the Gujjars, Bakerwals, Gaddis and Sippis) were granted ST status is a pointer to the harsh reality that discrimination has largely been deliberate.
Issue of reservation for STs in J&K
- No role of Article 370: Nothing in Article 370 has prevented the provision of political reservation to STs or extension of the Forest Rights Act (FRA), 2006 to J&K.
- The presence of Article 370 has often been given as a reason for the absence of reservation for the tribals in J&K though this is untrue.
- Reservation for SCs: SCs in J&K had reservations even before the dilution of Article 370, and it was provided under the J&K Constitution.
- This lack of political will stemmed from an unwillingness to share power with groups ethnically and culturally different from both Dogras and the Kashmiris, the two predominant power groups in J&K.
What has changed now?
- The dilution of Article 370 on August 5, 2019, and the subsequent Jammu and Kashmir Reorganisation Act, 2019 changed political dynamics in the region.
- As far as tribals are concerned, it promised them political reservation under Article 332 and led to the extension of the Forest Rights Act, 2006.
- Essentially, it has changed the nature of tribal politics in J&K as well, which had largely centered around these two major objectives.
Way forward
- Economic and social empowerment: The focus of tribal politics has to shift toward the economic and social empowerment of tribal communities.
- Implementation of the Forest Rights Act has to be a major issue as it has the potential to significantly empower these communities.
- The political mobilization of STs began many years ago, and the interim report has thrown up new challenges before STs than merely empowering them.
- Awareness: It will not change after reservation unless there is an awareness and conscious attempt by the leadership to prioritize tribal interests over party politics.
- Political relevance: The tendency to limit tribal politics to Rajouri and Poonch (which the interim report has also done) is the extension of past practice though the reality is that more than 68% of the ST population lives outside these districts.
- Political relevance is a major challenge that tribal politics in J&K faces.
- Community leaders, especially tribal youth, need to understand the significance of the tribal vote.
- Tribal politics also have to address the political, social, and economic empowerment of marginal tribes such as the Bakerwals, Gaddis and Sippis.
- Women empowerment: Women have to play a major role in tribal politics, and their participation and leadership have to be made feasible and suitably promoted.
- They have proven their leadership in the District Development Council (DDC) elections, and it needs to be strengthened further.
Conclusion
The focus of tribal politics has to shift toward the economic and social empowerment of tribal communities, with a special focus on the effective implementation of welfare schemes and policies for STs in J&K.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: NA
Mains level: Mob lynching and the dysfunctions created
Bills passed against mob lynching in some states have not been implemented since lynching is not defined as a crime under the Indian Penal Code (IPC).
Why are the bills pending?
- Most bills have been reserved by the Governor for consideration of the President.
- The President has to go with the advice given by the Council of Ministers, in the case of such legislations, represented by the MHA.
- The Union Home Ministry examines the State legislations on three grounds-
- Repugnancy with Central laws
- Deviation from national or central policy and
- Legal and constitutional validity
What is Mob Lynching?
- Lynching is a premeditated extrajudicial killing by a group.
- It is most often used to characterize informal public executions by a mob in order to punish an alleged transgressor, or to intimidate a group.
- Recent incident can be recalled from Pakistan where a Sri Lankan national was set ablaze over blasphemy charges.
Dealing with lynching in India
- In 2017, the National Crime Records Bureau (NCRB) collected data on mob lynching, hate crimes and cow vigilantism but it was not published and discontinued.
- This is because, there is “no separate” definition for lynching under the IPC.
- However, lynching incidents could be dealt with under Sections 300 and 302 of the IPC, pertaining to murder.
- In 2018, the Supreme Court asked Parliament to make lynching a separate offense.
- Since then, the government is working to overhaul the IPC framed in 1860 and the Code of Criminal Procedure (CrPC) to consider mob-lynching.
Why anti-lynching law is necessary?
- Fills the void: It fills a void in our criminal jurisprudence.
- Lawlessness: The Indian Penal Code has provisions for unlawful assembly, rioting, and murder but nothing that takes cognizance of a group of people coming together to kill (a lynch mob).
- Rise in Lynching incidents: There has been a rise in lynching incidents in recent years.
Reason for the rise in lynchings
- Impunity: The lynch mobs are confident of getting away with it. So far, the state has done little to shake that confidence.
- Communalism: In the case of cow-linked lynchings, a lot depends on whether the incumbent in power considers it compatible with its political interests to crack down on such attacks.
- Fake news: Another factor that gave rise to lynchings is the spread of fake news through social media platforms which incite a sudden wave of antagonism.
- Alienation: With modernity, there is a growth of individualism and erosion of associational life. The sense of fraternity has been fading away due to this.
- Unemployment: High Unemployment rates leave millions of youth unengaged.
Effect of lynching
(1) State
- Violation of FR: It is against the values upheld in the constitution of India. Every individual have certain fundamental rights any violence would be a curtailment of this right.
- Law and order crisis: Lynchings have led to degrading regard to law and order.
(2) Economy
- Reputation damage: Many International agencies warned India against mob lynching incidents. This impacts both foreign and domestic investment thereby adversely affecting sovereign ratings.
- Impact on migration patterns: It directly hampers internal migration which in turn affects economy.
- Damage of public property: Large resources deployed to tackle such menaces induces extra burden on state-exchequer.
(3) Society
- Fear of radicalization: Radical and extremist organizations such as ISIS etc could take leverage of the atmosphere created by such incidents.
- Communal disharmony: This impact solidarity of society and idea of Unity in diversity. This create an atmosphere of majority v/s minority.
- Intolerance: It could aggravate caste, class and communal hatred. Such acts shows loss of tolerance in society and people are being swayed by emotions, prejudices etc.
Way forward
- States should be more vigilant and proactive in flagging rumors using social media and other platforms.
- Some states are doing it, others need to emulate these examples.
- The more proactive the administration is in this regard, the stronger a deterrent it will be.
- There is also a need for a special court for the trial of mob violence.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: Public Order
Mains level: Hijab Row
The Karnataka High Court is hearing a challenge to the constitutionality of the state government’s ban on students wearing a hijab in educational institutions. The judges heard an argument on whether the state can justify the ban on the ground that it violates ‘public order’.
What is Public Order?
- Public order is one of the three grounds on which the state can restrict freedom of religion.
- It is also one of the grounds to restrict free speech and other fundamental rights.
- Article 25 of the Constitution guarantees to all people’s right to freedom and conscience and the right freely to profess, practise and propagate religion subject to public order, morality and health.
Who can check it?
- Public order is normally equated with public peace and safety.
- What affects public order is contextual and is determined by the state.
- According to List 2 of the Seventh Schedule of the Constitution, the power to legislate on aspects of public order rests with the states.
How does it relate to the hijab ban?
- According to the government order issued under the Karnataka Education Act, 1983, “public order” is one of the reasons for not allowing students to wear a headscarf in educational institutions along with “unity” and “integrity”.
- The petitioners have asked the state to show how the mere wearing of a hijab by students could constitute a public order issue.
- Another argument made is that the government cannot delegate the power to college committees the function of determining whether the hijab was detrimental to public order.
- The government order states that while individual college committees are free to determine the uniform, in the absence of such rules the government order banning the headscarf would apply.
- Only the government can make an assessment of public order.
How has the state responded?
- The government order makes no mention of “public order” and that the petitioners reading of the order could be an error in translation.
- The order, in Kannada, uses the words “sarvajanika suvyavasthe”.
- Incidentally, the official Kannada translation of the Constitution uses “sarvajanika suvyavasthe” for “public order” in all nine instances.
How has public order been interpreted by courts?
- Courts have broadly interpreted it to mean something that affects the community at large and not a few individuals.
- In Ram Manohar Lohia vs State of Bihar (1965), the Supreme Court held that in the case of ‘public order’, the community or the public at large have to be affected by a particular action.
- One has to imagine three concentric circles:
- the largest representing ‘law and order’
- the next representing ‘public order’ and
- the smallest representing ‘security of State’
Arguments against the K’taka Order
- In the Karnataka case, the petitioners have argued:
- Public order is not every breach of law and order.
- Public order is an aggravated form of disturbance that is much higher than a law and order issue.
Conclusion
- Thus it is evident that wordplay is given more cognisance over the interpretation of constitution.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: OIC
Mains level: India's relations with OIC members
India has hit out at the Organisation of Islamic Cooperation (OIC), saying it was “hijacked by vested interests” over its remark on Karnataka Hijab Row.
What is OIC?
- The OIC — formerly Organisation of the Islamic Conference — is the world’s second-largest inter-governmental organization after the UN, with a membership of 57 states.
- The OIC’s stated objective is “to safeguard and protect the interests of the Muslim world in the spirit of promoting international peace and harmony among various people of the world”.
- OIC has reserved membership for Muslim-majority countries. Russia, Thailand, and a couple of other small countries have Observer status.
India and OIC
- At the 45th session of the Foreign Ministers’ Summit in 2018, Bangladesh suggested that India, where more than 10% of the world’s Muslims live, should be given Observer status.
- In 1969, India was dis-invited from the Conference of Islamic Countries in Rabat, Morocco at Pakistan’s behest.
- Then Agriculture Minister Fakhruddin Ali Ahmed was dis-invited upon arrival in Morocco after Pakistan President Yahya Khan lobbied against Indian participation.
Recent developments
- In 2019, India made its maiden appearance at the OIC Foreign Ministers’ meeting in Abu Dhabi, as a “guest of honor”.
- This first-time invitation was seen as a diplomatic victory for New Delhi, especially at a time of heightened tensions with Pakistan following the Pulwama attack.
- Pakistan had opposed the invitation to Swaraj and it boycotted the plenary after the UAE turned down its demand to rescind the invitation.
What is the OIC’s stand on Kashmir?
- It has been generally supportive of Pakistan’s stand on Kashmir and has issued statements criticizing India.
- Last year, after India revoked Article 370 in Kashmir, Pakistan lobbied with the OIC for their condemnation of the move.
- To Pakistan’s surprise, Saudi Arabia and the UAE — both top leaders among the Muslim countries — issued nuanced statements, and were not as harshly critical of New Delhi as Islamabad had hoped.
- Since then, Islamabad has tried to rouse sentiments among the Islamic countries, but only a handful of them — Turkey and Malaysia — publicly criticized India.
How has India been responding?
- India has consistently underlined that J&K is an integral part of India and is a matter strictly internal to India.
- The strength with which India has made this assertion has varied slightly at times, but never the core message.
- It has maintained its “consistent and well known” stand that the OIC had no locus standi.
- This time, India went a step ahead and said the grouping continues to allow itself to be used by a certain country “which has a record on religious tolerance, radicalism, and persecution of minorities”.
OIC members and India
- Individually, India has good relations with almost all member nations. Ties with the UAE and Saudi Arabia, especially, have looked up significantly in recent years.
- The OIC includes two of India’s close neighbors, Bangladesh and Maldives.
- Indian diplomats say both countries privately admit they do not want to complicate their bilateral ties with India on Kashmir but play along with OIC.
Way ahead
- India now sees the duality of the OIC as untenable, since many of these countries have good bilateral ties and convey to India to ignore OIC statements.
- But these countries sign off on the joint statements which are largely drafted by Pakistan.
- India feels it important to challenge the double-speak since Pakistan’s campaign and currency on the Kashmir issue has hardly any takers in the international community.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: PMFBY, Beed Model of Crop Insurance
Mains level: Issues with PMFBY
Maharashtra may follow several other big states and opt-out Pradhan Mantri Fasal Bima Yojana (PMFBY), the government’s much-highlighted crop insurance scheme.
Why do many states want to opt-out?
- The major reasons are denial and delay of claims along with a huge subsidy burden on state governments.
- The farmers are facing a problem with timely claim settlement.
- Maharashtra is studying the Beed Model for insurance settlement.
Who else has stepped out?
- Andhra Pradesh, Jharkhand, Telangana, Bihar, Gujarat (PM’s home state), Punjab and West Bengal — all predominantly agriculture states — have already opted out of the scheme.
- Some of these states have their own insurance schemes.
What is PMFBY?
- The PMFBY was launched in February 2016. It is being administered by Ministry of Agriculture.
- It provides a comprehensive insurance cover against failure of the crop thus helping in stabilising the income of the farmers.
- It is implemented by empanelled general insurance companies.
- The scheme is compulsory for loanee farmers availing Crop Loan /KCC account for notified crops and voluntary for other others.
Its functioning
- PMFBY insures farmers against all non-preventable natural risks from pre-sowing to post-harvest.
- Farmers have to pay a maximum of 2 per cent of the total premium of the insured amount for kharif crops, 1.5 per cent for rabi food crops and oilseeds as well as 5 per cent for commercial / horticultural crops.
- The balance premium is shared by the Union and state governments on a 50:50 basis and on a 90:10 basis in the case of northeastern states.
Farmers covered
- All farmers growing notified crops in a notified area during the season who have insurable interest in the crop are eligible.
- To address the demand of farmers, the scheme has been made voluntary for all farmers from Kharif 2020.
- Earlier to Kharif 2020, the enrolment under the scheme was compulsory for following categories of farmers:
- Farmers in the notified area who possess a Crop Loan account/KCC account (called as Loanee Farmers) to whom credit limit is sanctioned/renewed for the notified crop during the crop season. and
- Such other farmers whom the Government may decide to include from time to time.
Risks covered under the scheme
- Comprehensive risk insurance is provided to cover yield losses due to non-preventable risks, such as Natural Fire and Lightning, Storm, Hailstorm, Cyclone, Typhoon, Tempest, Hurricane, Tornado.
- Risks due to Flood, Inundation and Landslide, Drought, Dry spells, Pests/ Diseases also will be covered.
- In post-harvest losses, coverage will be available up to a maximum period of 14 days from harvesting for those crops which are kept in “cut & spread” condition to dry in the field.
- For certain localized problems, Loss/damage resulting from the occurrence of identified localized risks like hailstorm, landslide, and Inundation affecting isolated farms in the notified area would also be covered.
Back2Basics: Beed Model
- The model of crop insurance in place in Maharashtra’s Beed district is being studied by a central government panel set up to suggest suitable working models for PMFBY.
- In the Beed model, there is a cap on the profit of the insurance companies.
- If the claims exceed the insurance cover, the state government pays the bridge amount.
- If the claims are less than the premium collected, the insurance company keeps 20 per cent of the amount as handling charges and reimburses the rest to the state government.
- This is expected to reduce burden of subsidies from state.
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Note4Students
From UPSC perspective, the following things are important :
Prelims level: SVAMITVA Scheme
Mains level: Land records management
India plans to prepare digital maps of all its 6,00,000 villages and pan-India 3D maps will be prepared for 100 cities to mark a year of the updated geospatial policy guidelines under the SVAMITVA Scheme.
What is SVAMITVA Scheme?
- SVAMITVA stands for Survey of Villages and Mapping with Improvised Technology in Village Areas.
- Under the scheme, the latest surveying technology such as drones will be used for measuring the inhabited land in villages and rural areas.
- The mapping and survey will be conducted in collaboration with the Survey of India, State Revenue Department and State Panchayati Raj Department under the Ministry of Panchayati Raj.
- The drones will draw the digital map of every property falling in the geographical limit of each Indian village.
- Property Cards will be prepared and given to the respective owners.
Broad Objectives
- Leveraging property as a financial asset by the citizens of rural India
- Creation of accurate land records for rural planning
- Provide an integrated property validation solution for rural India
- Serve as a means of reduction in property-related disputes. Facilitate with the determination of property tax
- Creation of survey infrastructure and GIS (Geographic Information System) maps that can be used by any department or agency
Features of the Scheme
- Accurate survey: SVAMITVA Scheme uses the combination of Survey Grade Drones and CORS network (Continuously Operated Reference Stations) to accurately survey large areas in a very short span of time.
- High resolution: The 1:500 scale maps generated through the drone survey are of very high accuracy i.e., 3-5 cms, which the conventional methodology does not provide.
- Geo-tagging: Moreover, editable and geo-tagged maps are produced at a fraction of the cost without the need for line-of-sight.
- Permanent records: These maps facilitate the creation of the most durable record of property holdings in areas with no legacy revenue records.
What are the updated guidelines?
- The updated guidelines help private companies to prepare a variety of maps without needing approvals from a host of ministries.
- They aim to make it easier to use drones and develop applications via location mapping.
- It encompasses the trinity of geospatial Systems, Drone Policy, and unlocked Space Sector will be the hallmark of India’s future economic progress.
Also read:
[Yojana Archive] SVAMITVA Scheme
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